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
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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,
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Janet Mizzi
Field Supervisor
cc (electronic): Dave McHenry, NCDOT
Chrystal Amschler, COE