20180326 Ver 1_17BP 5 R 69 FINAL USFWS concurrence approval letter_20180307

United States Department of �he Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Offce Box 33726
R;�lei�h, Nonh Carolina 27636-3726
February 26, 2018
Chris Murray
North Carolina Department of Transportation
2b] 2 North Duke Street
Durham, NC 27704
Dear Mr. M�rray:
This letter is in response to your letter of February 22, 2018 which provided the U.S. Fis� and
Wildlife Service (Service} with the biological conclusian of the Nort�i Cazolina Depariment of
Transportation that the replacement af Bridge No. 20 on SR l 114 o��r Cedar Creek in Franklin
County may affect, but is not likely to adversely affect the federally endangered Dwarf
Wedgemussel (Alasmidanta heterodon) and the federally proposed threatened Yellow Lance
(Elliptio lanceolata}. The following response is provided in accordar�ce with Section 7 of the
Endangered 5pecies Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543).
According to information provided, a mussel survey was conducted at the project site on March
2D, 2017. The survey extended from 400 meters downstream of the bridge to 140 meters
upstream. The surveyed stream reach exhibited p�or yuality habitat. No live mussels of any
species were observed during the survey, but six spent shells fram the common Elliptao
complartata were abserved. The Dwarf Wedgemussel has been observed in Cedar Creek
approximately 2.5 miles downstream; however, the species has not been observed there since
1993. The Yellow Lance has never been dacumented in Cedar Creek before.
Based on ihe mussel survey results and other available information, the Service concurs with
your conclusion that the proposed praject may affect, but is not likely to adverse�y affect the
Dwarf Wedgemussel and Yeliow Lance. Althaugh the Yellow Lance is currently only a
proposed threatened species, this concurrence is valid shou�d it become listed.
The federally threatened Northern Long-eared Bat (Myotis seplentrionalis) has been previously
addressed through a programmatic consultation. In addition, the Serviee concurs with your
conclusion that the project will have no effect on Michaux's Sumac (Rhus michauxii) and Tar
River Spinymussel (Parvaspina steinstarrsana). 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 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 ac�ion 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 #his
identified action.
The Service appreciates the opportunity to r�view this project. I#'you have any questions
regardir�g our response, please contact Mr. Gary Jordan at {919) 856-4520 {Ext, 32).
5incerely,
�Pete Benjamin
Field Supervisor
Electronic copy:
Eric Alsmeyer, USACE, Wake Forest, NC
Travis Wilson, NCWRC, Creedmaor, NC