20180331 Ver 1_17BP 5 R 71 FINAL USFWS concurrence approval letter_20180308

United States Department of �he Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post OtTce Box 33726
R�lei�h, North Carolina 27636-3726
February 2G, 2018
Chris Murray
Narth Cazolina Departrnent of Transportatian
2612 North Duke Street
Durham, NC 27704
Dear Mr. Murray:
This letter is in respanse to your letter of February 16, 2018 which provided the U.S. Fish and
Wildlife Service {Service) with the biologicaI concIusion of the North Carolina Department of
Transpartation that �he replacement of Bridge No. 25 on SR 1203 over Middle Creek in Franklin
County may affect, but is not likely ta adversely affect the federally endangered Dwarf
Wedgemussel (Alasmidonta heterodon} and the federally proposed threatened Yellow Lance
(Elliptia larrceolata). The fallowing response is pravided in accardance with Section 7 o�'the
Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-15�3).
According to information provided, a mussel survey was conducted at the project site an March
4, 2017. The survey extended from 40fl meters downstream of the bridge to 100 meters
upstream. The surveyed stream reach exhibited unstable substrate and banks. No mussels of any
species were observed during the survey. There ha�e been nc� previous records of listed species
fram Middle Creek. Hpwever, the Dwarf Wedgemussel and Yellow Lance have been observed
downstream in the Tar River.
Based on the mussel survey results and other avaiIable inforrnation, the Service concurs with
your conclusion that the proposed groject may affect, but is not likely ta adversely affect the
Dwarf Wedgemussel and Yellow Lance. A�thoug�x the Yellow Lance is currently anly a
prapused threatened species, this concurrence is valid should it become listed.
The federally threa#ened North�rn Long-eared Bat (Myotis septentrionalis) has been previousIy
addressed throug� a programmatic cansultation. In additian, the Service concurs with your
conciusian that the project will have no effect on Michaux's Sumac {Rhus michauxii) and Tar
River Spinymussel {Parvaspina stetnstarisaMa). VfJe believe th�t the requirements of Section
7(aj(2} of the ESA have been satisfied. We remind you #hat obligations under Section 7
consultation must be reconsidered if•. (1) new informatian reveals impacts of this identified
actian that may affect listed species or critical habitat in a manner not previously considered in
this review; (2) this actian is s�bsequently modified in a manner that was not cansidered 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 questians
regarding aur response, please cantact Mr. Gary Jordan at [phone] (Ext. 32).
5incerely,
� Pete Benjamin
Field Supervisor
Electronic copy:
Eric Alsmeyer, USACE, Wake Forest, NC
Travis Wi[san, NCWRC, Creecimoor, NC