20220721_ltr_USFWS_NCDOT_R-5819_R-5820

United States Department of the Interior

FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

July 21, 2022

Gregory W. Price
NC Department of Transportation
431 Transportation Drive
Fayetteville, NC 28302

Dear Mr. Price:

This letter is in response to your email of July 15, 2022 which provided the U.S. Fish and Wildlife
Service (Service) with the revised biological conclusion of the North Carolina Department of
Transportation (NCDOT) that the proposed interchange at the intersection of US 74/76 and SR 1735
and grade separation at the intersection of US 74/76 and SR 1740 in Columbus County (STIP No. R-
5819 and R-5820) may affect, but are not likely to adversely affect the federally endangered
Cooley’s meadowrue (Thalictrum cooleyi). The following response is provided in accordance with
Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).

According to information provided, a small and newly discovered population of Cooley’s
meadowrue occurs near the project area, but is located outside the construction limits. NCDOT has
committed to protect the population from disturbance via safety fencing and “Do Not Mow” signs.
Based on this commitment, the Service concurs with your conclusion that the action may affect, but
is not likely to adversely affect Cooley’s meadowrue. All other listed species have been previously
addressed with a letter from the Service dated November 19, 2021.

We believe that the requirements of Section 7(a)(2) of the ESA have been satisfied. We remind you
that obligations under Section 7 consultation must be reconsidered if: (1) new information reveals
impacts of this identified action that may affect listed species or critical ha bitat in a manner not
previously considered in this review; (2) this action is subsequently modified in a manner that was
not considered in this review; or (3) a new species is listed or critical habitat determined that may be
affected by this identified action. If you have any questions regarding our response, please contact
Mr. Gary Jordan at [e-mail].

Sincerely,

for Pete Benjamin
Field Supervisor

Electronic copy:
Liz Hair, USACE, Wilmington, NC
Travis Wilson, NCWRC, Creedmoor, NC