20190200 Ver 1_20190212_letter_Service to NCDOT_Bridge 920009_20190213

United States Department of the Interior
FISH AND WtLDLIFE SERVICE
Ra�eigh Pield Office
Post Office Box 3372b
Ralei 4h, North Carolina 27636-3726
February 12, 2019
Christopher A. Mumay, PWS
North Carolina Department of Transportation
2612 North Duke Street
Durhain, NC 2770�
Dear Mr. Murray:
This letter is in response to your Ietter of Febnaary 8, 2019 which provided the U.S. Fish and
Wildtife Ser�ice (Service) with the 1�ioIagical conclusian of the North Carolina Department af
Transportation �hat the replacement of Bridge No. 9 an NC 58 over Overflow to Shocco Creek in
Warren County may affect, but is not likeiy to adversely affect th� federally endangered Dwarf
Wedgemussel {Alasmidonta heterodon), the federally endangered Tar River Spinymussel
(Parvaspina steinstansana), the federally threatened Yellow Lance (Elliptio lanceolate}, and the
federally proposed threatened Atlantic Pigtoe (Fusconaia masoni). The folIowing response is
provided in accordance with Sectian 7 of the Endangered Species Act (ESA) of 1973, as
amended (16 U.S.C. 1531-1543).
An adjacent bridge over Shocco Creek {Bridge No. 3�006G) will utilize the Programmatic
Biological Opinion for Bridge and Culvert Replacemerrts/Repairs�rRehabilitations in Eastern
North Carolina, Divisions 1-8. We canfirm this, and the remainder of this I�tter addresses Bridge
Na. 9 over Overflaw to Shacco Creek only.
The existing 22' long Bridge No. 9 over Overflow to Shocca Creek will be replaced with a
3@12' x 9' reinforced concrete box culvert. Na suitable habitat for list�d mussels exists at this
bridge, and under normal flow conditions, there is no hydrological connection to Shocco Creek.
However, the Yellow Lance was observed nearby in Shocco Creek in a March 30, 2017 mussel
survey. The Dwarf Wedgemussel, Tar River Spinymussel, and At�antic Pigtoe have alsa been
observed elsewhere in Shocco CreEk.
Based on available infor�nation, the Service concurs with your conclusion that the action may
affect, but is not likely to adversely affect the Dwarf Wedgemussei, Tar River Spinymussel,
Yellow Lance, and Atlantic Pigtoe. The Atlantic Pigtoe is currently only a proposed species;
however, this concurrence wili be valid if and when the species becomes o�cially listed. We
believe that the requirements af Section 7{a}(2) of the ESA have heen satisfied. We remind you
that obligations under Section 7 consultation must be reconsidered if: (I) new information
reveals impacts af this identified action that may affect listed species or criticai habitat in a
manner not previousiy considered in this review; {2) �his action is subsequently madified in a

manner #hat 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 praject. If you have any questians
regarding our response, please contact Mr. Gary Jordan at [phone] {Ext. 32}.
Sincerely,
�Pete Benjamin
Field Supervisor
Electronic copy:
James Lastinger, USACE, Wake Forest, NC
Travis Wilson, NCWRC, Creedmoor, NC
Heather Mantague, NCDOT, Durham, NC