20230795 Ver 1_R-5861- Cherokee County - USFWS Concurrence Request_20230606

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
December 31, 2018
Ms. Claire Elwanger
U.S. Fish and Wildlife Service, Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Subject: Section 7 Concurrence Request
Improvements to US 19/129 — Georgia State Line to US 64/74
Cherokee County, NC
TIP No. R-5861, Federal Aid NHP-0019(058), WBS 47427.1.1
Dear Ms. Elwanger:
TAMES H. TRomom III
SECRETARY
The North Carolina Department of Transportation (NCDOT, Division 14) is developing a minor widening
and safety improvement project on US 19/129 from the Georgia State Line to US 64/74 in Cherokee
County, NC (TIP Project R-5861— see attached maps). As currently designed, this existing 2-lane paved
road will remain 2-lanes with minor widening, vertical and horizontal alignment changes, turn lane
additions, and intersection reconfigurations. This letter is intended to constitute informal consultation for
potential effects of this federally -funded project on Indiana bat (Myotis sodalis) and to apprise you of
anticipated compliance with the 4(d) Rule for Northern Long-eared bat (NLEB, Myotis septentrionalis)
Field surveys and a Natural Resource Technical Report have been completed for the project. The project
area either does not contain suitable habitats for listed species known in Cherokee County or,
alternatively, habitat is present but specimens or evidence of occurrence were not found. A survey for
small whorled pagonia (Isotria medeoloides) was completed on May 29-31, 2018; results were negative.
The project will not require bridge replacements but will require extensions of culverts. One culvert is a
concrete box culvert that could potentially serve as a bat roost, however it was inspected an no evidence
of past bat usage was detected. The project will require the removal of trees from approximately 20 acres
of the total 80 acres of forested habitats quantified in the project area. Clearing will not occur along large
river systems that could serve as foraging areas for gray bats (Myotis grisescens). There are no apparent
mines or caves in the project area.
As of December 31, 2018, NLEB is listed by U.S. Fish and Wildlife Service (USFWS)
(http://www.fws.gov/raleigh/species/cntylist/nc—counties.html) as "Current" in Cherokee County. The
project area does not fall within a "red huc" for NLEB and it is more than 0.25 mile from a "red hue".
This project may require percussive activities perhaps even including rock hammering and/or blasting.
According to current Natural Heritage data the nearest known roosts or hibernacula for NLEB are over a
mile from the project area. For the proposed action, NCDOT has committed to the conservation measures
listed below:
Mailing Address: Telephone: [phone] Location:
NC DEPARTMENT OF TRi SPORTATION Fax: [phone] NC DEPARTMENT OF TRi SPORTATION
DIVISION 14 Customer Service: 1-877-368-4968 DIVISION 14
253 WEBSTER ROAD 253 WEBSTER ROAD
SYEvA NC 28779 Website: www.ncdot.gov SYEvA NC 28779

R-5861 Section 7 Concur. Request Page 2 December 31, 2018
Cherokee County
No alterations of a known hibernacula entrance or interior environment if it impairs an essential
behavioral pattern, including sheltering northern long-eared bats (January 1 through December
31);
No tree removal within a 0.25 mile radius of a known hibernacula (January 1 through
December 31); and
No cutting or destroying a known, occupied maternity roost tree, or any other trees
within a 150-foot radius from the known, occupied maternity tree during the period
from June 1 through and including July 31.
NCDOT has determined that the proposed action does not require separate consultation on the
grounds that the proposed action is consistent with the final Section 4(d) NLEB rule, codified at 50
C.F.R. § 17.40(o) and effective February 16, 2016. NCDOT may presume its determination is informed
by best available information and consider Section 7 responsibilities for this project fulfilled for NLEB.
As of December 28, 2018, the Indiana bat is listed by USFWS as "Probable/Potential" in Cherokee
County. The practice of "winter tree clearing" (tree clearing only from October 15 to April 15) is often
used for a determination of "May affect, Not Likely to Adversely Affect" for this species. The NCDOT
will incorporate this measure into the project for necessary tree removal. This conservative measure will
also afford protection of other bat species that may be summer roosting in the affected project area.
We request your concurrence with these assessments. Please contact me at damchenry&ncdot.gov or
[phone] if you have any questions about this information or require additional information. We
greatly appreciate your assistance.
Sincerely,
DocuSigned by:
aJ7-,-t� 12/31/2018
8B673FBE42E5415...
Dave McHenry
Division 14 Environmental Officer
Attach: s
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