20180221 Ver 1_USFWS Shock Overton Road concurrence letter_20180216

United States Department of the Interior
FISH AND WILDLIFE SERV[CE
Raleig� Field Office
Post O�ce Box 33726
Rxlei�h, North Caralina 27636-37?6
February 13, 2018
Chris Murray
North Carolina Department of Transportation
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Murray:
This letter is in response to your email of Februay 7, 20I8 which provided the U.S. Fish and Wildlife
Service (Service} with the biological conclusion of the North Carolina Department of Transportatian that
the replacement of two 72 inch pipes with a 16 foat x 11 foot corrugated metal pipe arch under 5R 1160
on Cattail Creek in Granvitle County may affect, but is not likeiy to adversely affect the federally
proposed threatened YeIlow Lance {Elliplia lanceoluta). In addition, you have determined that the
project will have no effect on all other federally Zisted species. The following response is provided in
accordance with Section 7 of the Endangered 5pecies Act {ESA) af 1973, as amended (16 U.S.C. 1531-
1543}.
Accordin� to infot7nation provided, a mussel survey was conducted at the project site on Ju1y 13, 2Q 17.
No specimens of federally listed species were observed and onty ftve five specimens representing twa
common mussel species were observed. Based on the r�tussel survey results and other avaiIable
information, the Service cancurs with your conclusion that the propased project may affect, but is not
likely to adversely affect the Yellow Lance. AIthnugh the Yellow Lance is currently only a proposed
threatened species, this coacurrence is valid should it become iisted. We also concur that the project wiIl
have no effect an all other federalIy listed species. We believe that the requirements of Section 7(a}(2) of
ti�e ESA have been satisfie�. We remind you that obligations under Section 7 consuItation must be
reconsidered if: {1) new informatian reveals impacts ofthis 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 identifed action.
The Service appreciates the apporEunity to review this project. lf you have any questions regarding our
response, please contact Mr. Gary Jardan at (919} 856-4520 (Ext. 32).
Sincerely,
�dti- Pete Benj in
Field Supervisor
Electronic copy:
Eric Alsmeyer, USACE, Wake Forest, NC
Travis Wilson, NCWRC, Creedmoor, NC