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HomeMy WebLinkAbout20181068 Ver 1_USFWS Comments_20180803United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Suite #B Asheville, North Carolina 28801 August 1, 2018 Mr. Phil Harris North Carolina Department of Transportation Project Development and Environmental Analysis Unit 1598 Mail Service Center Raleigh, NC 27699-1598 �.�. �sx a wn.n�ae� BEENICE ��'ENr oP THe.� Subject: Endangered Species Concurrence for the Proposed Replacement of Bridge 27 on US 23 Business over Scott Creek and Southern Railroad in Jackson County, North Carolina. TIP No. B-5905. Dear Mr. Harris: We have reviewed your concurrence request and supporting documentation regarding potential impacts to the federally endangered Appalachian elktoe (Alismidonta raveneliana), gray bat (Myotis grisescens) and Indiana bat (Myotis sodalis) from implementation of the subject project. We provide the following comments in accordance with the provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). The North Carolina Department of Transportation (NCDOT) proposes to replace the existing bridge that carries US 23 Business over Scott Creek and the Southern Railroad in Jackson County. The bridge will be replaced in the current location and will require a temporary on-site detour. A limited amount of tree clearing will be necessary to construct the temporary detour and the approaches for the new permanent bridge. The project is located about 0.5 miles upstream of the confluence of Scott Creek and a reach of the Tuckasegee River occupied by Appalachian elktoe. In addition, the existing structure has provided roost habitat for small numbers of big brown bats. In 2017, Scott Creek was surveyed for Appalachian elktoe and none were observed in the creek. The existing bridge structure has been checked for the presence of bats on several occasions since 2013 and the only species observed was big brown bat. On three separate occasions a single bat was observed roosting under the bridge. In addition to conducting surveys for federally protected species, NCDOT commits to the following measures during project implementation: 1. Use Design Standards for Sensitive Watersheds to help protect Appalachian elktoe downstream of the project footprint; 2. Restrict tree clearing to the period from October 1 Sth to April 1 St" of any year; and 3. Inspect the existing bridge prior to demolition for the presence of federally listed bats and contact the USFWS if any are observed. Based on the negative survey results for Appalachian elktoe in Scott Creek, the structure checks indicating no federally listed bats roosting in the current bridge and strict adherence to the commitments for project implementation, we agree that this project is "not likely to adversely affect" Appalachian elktoe, gray bat and Indiana bat. Therefore, the requirements under section 7(c) of the Act are fulfilled. However, obligations under section 7 of the Act 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, (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 is determined that may be affected by the identified action. If you have questions about these comments please contact Ms. Marella Buncick of our staff at 828/258-3939, Ext. 237. In any future correspondence concerning these projects, please reference our Log Number 13-090. Sincerely, / .�;,. Janet Mizzi Field Supervisor cc (electronic): Dave McHenry, NCDOT Chrystal Amschler, COE