20211105 Ver 1_Jackson County - B203 - USFWS Concurrence Request_20210816

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

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June 28, 2019
Patrick Breedlove
NC Department of Transportation
Division 14
253 Webster Road
Sylva, NC 28779

Subject: 16-214, Section 7 Concurrence for Jackson County Bridge 203 Replacement,
Jackson County

Dear Mr. Breedlove,

On June 3, 2019, we received your email requesting section 7 concurrence on effects the subject
bridge replacement 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 15th,
avoiding impacts to potentially roosting bats. Additionally, surveys for bats and evidence of
roosting bats on May 24, 2019 were negative. You have also committed to confirming the
absence of bats and signs of bat usage before demolition. Accordingly, we concur with your
determination that the proposed bridge replacement 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 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
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 16-214.

Sincerely,

- Original signed -

Janet Mizzi
Field Supervisor