20210300 Ver 1_Macon County - B43 - USFW Section 7_20210708

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N p United States Department of the Interior
• FISH AND WILDLIFE SERVICE
oCH 3 'ta Asheville Field Office
160 Zillicoa Street Suite#B
Asheville,North Carolina 28801
June 19, 2019
Dave McHenry
NC Department of Transportation
Division 14
253 Webster Road
Sylva,NC 28779
Subject: 16-309, Section 7 Concurrence for Macon County Bridge 43 Replacement TIP B-
5919
Dear Mr. McHenry,
On June 12, 2019,we received your revised email requesting section 7 concurrence on effects
the subject project may have on the federally threatened Indiana bat(Myotis sodalis) 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 15h
avoiding impacts to potentially roosting bats. Additionally,the bridge survey for bats and
evidence of roosting bats on June 12, 2019 was negative, and the survey did not reveal suitable.
roosting habitat. Accordingly, we concur with your determination that the proposed project may
affect, but is not likely to adversely affect, the Indiana 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 '/4 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
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.
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If you have questions about these comments please contact Ms. Claire Ellwanger of our staff at
828/258-3939, Ext. 235. In any future correspondence concerning these projects, please
reference our Log Number 16-309.
Sincerely,
Gary eeples
Deputy Field Supervisor
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