20051608 Ver 1_Other Agency Comments_20051227

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
December 27, 2005
Vincent J. Rhea, PE
North Carolina Department of Transportation
Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Rhea:
This letter is in response to your letter of December 13, 2005 and subsequent December 20, 2005
revision which provided the U.S. Fish and Wildlife Service (Service) with the biological
determination of the North Carolina Department of Transportation (NCDOT) that the
replacement of the Alfred Cunningham Bridge (Bridge No. 60) on US 70 Business over the
Trent River in Craven County (TIP No. B-2532) may affect, but is not likely to adversely affect
the federally listed bald eagle (Haliaeetus leucocephalus) and West Indian manatee (Trichechus
manatus). In addition, NCDOT has determined that the project will have no effect on the
federally listed leatherback sea turtle (Dermochelys coriacea), red-cockaded woodpecker
(Picoides borealis) and sensitive joint-vetch (Aeschynomene virginica). These comments are
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, eagle surveys were conducted on June 8 and 16, 2005. No
eagles or eagle nests were observed. It is understood that little to no bald eagle habitat exists in
the project area. To avoid impacts to the West Indian manatee, NCDOT has agreed to
implement the Service's 2003 Guidelines for Avoiding Impacts to the West Indian Manatee
during construction. Based on the information provided and other information available, the
Service concurs with your determination that the project may affect, but is not likely to adversely
affect the bald eagle or West Indian manatee.
According to information provided, a plant survey was conducted at the project site on August
15, 2005 for the federally threatened sensitive joint-vetch. No specimens of sensitive joint-vetch
were observed. In addition, no habitat exists at the project site for the federally listed red-
cockaded woodpecker and leatherback sea turtle. The Service concurs with your determination
that the project will have no effect on sensitive joint-vetch, red-cockaded woodpecker and
leatherback sea turtle.
We believe that the requirements of section 7(a)(2) of the ESA havebeen 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 habitat 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.
The Service appreciates the opportunity to review this project. If you have any questions
regarding our response, please contact Mr. Gary Jordan at [phone] (Ext. 32).
Sincerely,
!~
~~ ~ ~~~
~ete Ben~amm
Ecological Services Supervisor
cc: William Wescott, USACE, Washington, NC
~f~a" W``~"" ~'' '~ T' -M ~~, NCDWQ, Raleigh, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Raleigh, NC
Tracy Roberts, HNTB, Raleigh, NC