20141132 Ver 2_USFWS Concurrence_20171030

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
November 6, 2012
Gregory J. Thorpe, Ph.D.
North Carolina Department of Transportation
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh, l�dortr� Caroli�a 27�99-1598
Dear Dr. Thorpe:
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This letter is in response to your letter of November 1, 2012 which provided the U.S. Fish and
Wildlife Service (Service) with the biological conclusion of the North Carolina Department of
Transportation (NCDOT) that the proposed US 1 Rockingham Bypass in Richmond County (TIP
No. R-2501) may affect, but is not likely to adversely affect the federally endangered Michaux's
sumac (Rhus michauxii). In addition, NCDOT has determined that the project will have no
effect on the federally endangered red-cockaded woodpecker (Picoides borealis), rough-leaved
loosestrife (Lysimachia asperulaefolia), Carolina heelsplitter (Lasmigona decorata), and
shortnose sturgeon (Acipenser brevirostrum). 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 the information provided, surveys for Michaux's sumac were conducted within the
project area on September 11 and 19, 2012. No specimens of Michaux's sumac were observed.
However, the North Carolina Natural Heritage Program indicates the presence of the species less
than one mile from the project area near the northern terminus of the project within the Sandhills
Game Land. Based on the survey results and other available information, the Service concurs
with your conclusion that the project may affect, but is not likely to adversely affect Michaux's
suma:;.
According to information provided, surveys were conducted for red-cockaded woodpeckers in
1998, 2004, 2007, 2008 and 2012. Although some potential nesting and foraging habitat occurs
near the project area, no cavity trees were observed. Based on the survey data and other
available information, the Service concurs with your conclusion that the project will have no
effect on the red-cockaded woodpecker.
The last survey conducted for rough-leaved loosestrife occurred in 2007. No specimens of this
species were observed, and there are no records within one mile of the project area. Based on
current information, the Service concurs with your conclusion that the project will have no effect
on rough-leaved loosestrife. However, NCDOT had committed to resurvey for this species in
2013.

As stated in your letter, the Carolina heelsplitter has been removed from the protected species list
for Richmond County. Therefore, we concur with your conclusion that the project will have no
effect on this species.
The shortnose sturgeon is under the purview of the National Marine Fisheries Service.
Therefore, we have no comment on this species. However, please note that the federally
endangered Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) has recently been added to the
list for Richmond County. This species is also under the purview of the National Marine
Fisheries Service.
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 i£ (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,
� Pete Benjamin
Field Supervisor
Electronic copy: Ronnie Smith, USACE, Wilmington, NC
Travis Wilson, NCWRC, Creedmoor, NC
Chris Militscher, USEPA, Atlanta, GA
Felix Davila, FHWA, Raleigh, NC