20191029 Ver 1_20190430_letter_Service to NCDOT_I-5700_20190802

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
April 30, 2019
Philip S. Hams, III, PE
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. Harris:
This letter is in response to your letter of April 29, 2019 which provided the U.S. Fish and Wildlife
Service (Service) with the biological conclusion of the North Carolina Department of Transportation
that the proposed improvements to the interchange at 1-40 and SR 3015 (Airport Boulevard) in Wake
County (TIP I-5700) may affect, but are not likely to adversely affect the federally endangered Dwarf
Wedgemussel (Alasmidonta heterodon), the federally threatened Yellow Lance (Elliptic lanceolate),
and the federally proposed threatened Atlantic Pigtoe (Fusconaia mason). The following response is
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, mussel surveys were conducted in the project area on June 5,
7, and 21, 2018. The following streams were surveyed: Stirrup Iron Creek, UT to Stirrup Iron Creek,
Brier Creek, UT to Brier Creek, and UT to UT to Brier Creek. The only mussel species observed
were the common Eastern Elliptio (Elliptic complanata) and Paper Pondshell (Utterbackia
imbecillis). No federally listed species have ever been observed in any of the surveyed streams.
Based on survey data and other available information, the Service concurs with your conclusion that
the action may affect, but is not likely to adversely affect the Dwarf Wedgemussei, Yellow Lance,
and Atlantic Pigtoe. The Atlantic Pigtoe is currently only a proposed species; however, this
concurrence will be valid if and when the species becomes officially listed. 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 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,
Ak- Pete Benjamin
Field Supervisor

Electronic copy:
Jaynes Lastinger, USACE, Wake Forest, NC
Travis Wilson, NCWRC, Creedmoor, NC
Deanna Riffey, NCDOT, Raleigh, NC