20210694 Ver 1_20-137_Concurrence_I-40_Bridge 430057 replacement_20210518

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street Suite #B
Asheville, North Carolina 28801

1
February 18, 2020
Dave McHenry
NC Department of Transportation
Division 14
253 Webster Road
Sylva, NC 28779

Subject: 20-137, Section 7 Concurrence for I-40 Replacement of Bridge No. 430057
Haywood County, NC

Dear Mr. McHenry,

On January 6, 2020, we received your email requesting section 7 concurrence on effects the
subject project may have on the federally threatened Indiana bat (Myotis sodalis), the federally
endangered gray bat (Myotis griescens) and northern long-eared bat (NLEB, Myotis
septentrionalis) 4(d) Rule compliance notification. The following comments are provided in
accordance with section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-
1543) (Act).

You have committed to remove trees required for the project during October 15th to April 15th,
avoiding impacts to potentially roosting bats. Additionally, surveys for bats and evidence of
roosting bats on August 5, 2019 were negative. Accordingly, we concur with your determination
that the proposed project may affect, but is not likely to adversely affect, the Indiana bat.
Furthermore, you have committed to minimize illumination. Construction lights will not
illuminate the pigeon river or the riparian area, and there will be no additional permanent
lighting. Cave surveys found rock features that could be suitable for summer roosting, but none
that would likely serve as hibernacula due to the open and shallow characteristics. Therefore, we
concur with your determination that the proposed project may affect, but is not likely to
adversely affect, the gray bat.

As outlined in the Biological Opinion completed on the 4(d) rule for the federally threatened
Northern long-eared bat (Myotis septentrionalis) on January 5, 2016, this activity is now
excepted from take prohibitions for Northern long-eared bat, based on the project location.
Project activities in the action area: (1) would not affect a known hibernation site; (2) are not
located within ¼ mile of a known hibernation site, or; (3) are not located within a 150' radius of
a known maternity (tree) site.

Therefore, we believe the requirements under Section 7(c) of the Endangered Species Act
(ESA) of 1973, as amended (16 U.S.C. 15 31 - 1543), are fulfilled. Obligations under Section 7
of the ESA must be reconsidered if: (1) new information reveals impacts of this identified action

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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. Claire Ellwanger of our staff at
828/258-3939, Ext. 42235. In any future correspondence concerning these projects, please
reference our Log Number 20-137.

Sincerely,

- - Original signed - -

Janet Mizzi
Field Supervisor