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HomeMy WebLinkAbout20171361 Ver 1_17-193 Mussel concurrence_20171025United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 February 3, 2017 Ms. Amy Euliss Division 9 Environmental Offcer North Carolina Department of Transportation 375 Silas Creek Parkway Winston-Salem, North Carolina 27127-7167 Dear Ms. Euliss: Subject: Endangered Species Concurrence for Proposed Replacement of Stokes County Culvert 128 on State Route 1433 (Puckett Road) over Elk Creek On February 1, 2017, we received your letter (via email) requesting section 7 concurrence on effects the subject bridge replacement may have on the federally endangered James spinymussel (Pleurobema collina). The following comments are provided in accordance with section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). On August 16, 2016, you and Andrew Henderson of the US Fish & Wildlife Service (USFWS) visited the proposed project site, as well as upstream and downstream areas, to assess aquatic habitats and survey for freshwater mussels in Elk Creek and downstream in the Dan River. Although the James spinymussel is known to inhabit the Dan River in Stokes County, there were no freshwater mussels found in the areas surveyed within the project footprint, in Elk Creek, or in areas immediately downstream during the mussel survey effort. Accordingly, we concur with your determination that the proposed bridge replacement project may affect, but is not likely to adversely affect the James spinymussel. As outlined in the Biological Opinion completed on the 4(d) rule for the federally threatened Northern long-eared bat (Myotis septentrionalis) on 1/5/16, this activity is now excepted from take prohibitions for Northern long-eared bat, based on the project location. Project activities in the action area: (1) would not affect a known hibernation site; (2) are not located within'/4 mile of a known hibernation site, or; (3) are not located within a 150' radius of a known maternity (tree) site. Therefore, we believe the requirements under Section 7(c) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543), are fulfilled. Obligations under Section 7 of the ESA 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 Mr. Andrew Henderson of our staff at 828/258-3939, Ext. 227. In any future correspondence concerning these projects, please reference our Log Number 17-193. Sincerely, .� anet A. Mizzi Field Supervisor �