20171049 Ver 1_B-5864 USFWS Concurrence 2017-04-19_20170818

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street Suite #B
Asheville, North Carolina 28801
April 19, 2017
Mr. Phillip S. Harris
North Carolina Department of Transportation
Project Development and Environmental Analysis Unit
1598 Mail Service Center
Raleigh, NC 27699-1598
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Subject: Endangered Species Concurrence far the Proposed Replacement of Bridge No. 49 on NC 80
over Brown Creek, Yancey County, North Carolina, TIP Project No B-5864.
Dear Mr. Harris:
We have reviewed your concurrence request and supporting documentation regarding potential impacts to
the federally endangered Appalachian elktoe (Alismidonta raveneliana) from implementation of the
subject project. We provide the following comments in accordance with the provisions of section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 49 over
Brown Creek. The replacement structure will be a cored slab bridge that spans Brown Creek. A
temporary bridge structure will be used to provide an on-site detour. The project site is about 1.2 miles
from the confluence with the South Toe River and the closest occurrence of Appalachian elktoe in the
South Toe is 3.1 miles from the project site.
According to the information provided, in July of 2013, a thorough survey of Brown Creek in the area of
impact was conducted and no native freshwater mussels were found. Based on the negative survey results
and a commitment by NCDOT to use sediment and erosion control measures that adhere to the Design
Standards for Sensitive Watersheds, we agree that implementation of this project is "not likely to
adversely affect" Appalachian elktoe. Therefore, the requirements under Section 7(c) of the Act are
fulfilled. However, obligations under Section 7 of the Act 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, (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 is determined that may be affected by the identified
action.
If you have questions about these comments please contact Ms. Marella Buncick of our staff at
828/258-3939, Ext. 237. In any future correspondence concerning these projects, please reference our
Log Number 13-054.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor