20210555 Ver 1_BR-0029 2021-11-24 FWS Concurrence_20211129

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

November 24, 2021

Philip S. Harris
Environmental Analysis Unit Head
North Carolina Department of Transportation
1000 Birch Ridge Drive
Raleigh, NC 27610

Subject: Informal Consultation for Bridge 26 Replacement on NC 106 over Middle Creek in Macon
County (WBS No. 67029.1.1, TIP BR-0029)

Dear Mr. Harris:

On November 9, 2021, we received (via e-mail) your request for informal consultation and section 7
concurrence on effects the subject project may have on federally listed species. We have reviewed the
information you submitted along with information from a prior scoping letter (September 25, 2018),
additional correspondence and meetings (March 3, March 23, May 25, June 1, and June 4, 2021), and
responses to our follow up questions discussed on November 18 and 23, 2021 and the following is
provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et
seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661 - 667e); and section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act).

Project Description
According to the information provided, the North Carolina Department of Transportation (NCDOT) is
proposing to replace Bridge 26 on NC 106 over Middle Creek in the Little Tennessee River Basin. The
existing bridge is a three-span, 88-foot structure with steel and concrete beams, concrete deck, end walls,
and guard rails. Approximately 2.5 acres of trees will be removed for the project. NCDOT has
committed to the following conservation measures:

1. NCDOT will remove trees between October 15 and April 1 of any given year, outside the bat
active season for northern long-eared bat (Myotis septentrionalis, NLEB) and Indiana bat (Myotis
sodalis).
2. NCDOT will not perform night work and will not install permanent or temporary lighting.
3. NCDOT will perform day roost surveys prior to any percussive activities required for
construction of the new bridge and within 14 days of bridge demolition. If gray or Indiana bats
are found day roosting, the U.S. Fish and Wildlife Service (Service) will be contacted for further
discussion.

Mr. Harris - NCDOT 2

Federally Listed Species
Your letter provides a recent and complete list of species that may occur within the project area per our
Information for Planning and Consultation (IPaC) website and an effect determination for each species.
Based upon a review of our records and the information provided, we agree with your “No Effect”
determinations for mountain sweet pitcher plant (Sarracenia rubra ssp. Jonesii), rock gnome lichen
(Gymnoderma lineare), and swamp pink (Helonias bullata).

The information provided states that suitable habitat for small whorled pogonia (Isotria medeoloides) and
Virginia spiraea (Spiraea virginiana) is present; however, the species were not observed during surveys.
Based on negative results of visual surveys conducted in 2018 and 2021, we would concur with a “May
affect, not likely to adversely affect” (NLAA) determination from the NCDOT for these species.

You did not provide a conclusion about whether suitable habitat was present for Appalachian elktoe
(Alasmidonta raveneliana), spotfin chub (Erimonax monachus), or little wing pearlymussel (Pegias
fabula). Your mussel and fish survey conducted in October 2021 did not detect any of them nor any other
freshwater mussel. Based on the survey findings and the habitat description provided in the mussel
report, we would conclude that the project will have no effect on these species.

Suitable tree and bridge roosts for gray and Indiana bat occur within the action area. Bridge surveys in
2018 and July 2021 found large and small guano under the bridge, but no bats were detected. Small
guano indicates bridge use by Myotis species and guano detection over a three-year period indicates site
fidelity by roosting bats. Based on the information provided, we are not convinced that listed bats are
absent nor that the bridge is solely a night roost. However, because the proposed conservation measures
ensure that listed bats are not present during construction activities, we concur with a NLAA
determination for gray and Indiana bats.

NCDOT identified suitable roosting habitat for NLEB within the action area. Based on the information
provided, the project is consistent with the final section 4(d) rule, codified at 50 C.F.R. § 17.40(o) and
effective February 16, 2016 for NLEB. This rule exempts take of this species for any tree cutting activity
that occurs more than 0.5 mile from a known hibernation site or more than 150 feet from a known
maternity roost during the pup rearing season (June 1 - July 31). Because this project meets the “exempt”
criteria, any take associated with the project has already been addressed in the Biological Opinion for the
4(d) rule, and no further action under section 7 of the Act is required for this species. Because the listing
status of NLEB is being reconsidered by the U.S. Fish and Wildlife Service (Service), we also evaluated
the effects of the action on the species without the 4d rule. Based on conservation measures listed above,
we would concur with an NCDOT determination that the project may affect but is NLAA NLEB.

Little brown bat (Myotis lucifugus) and tricolored bat (Perimyotis subflavus) are at-risk species (ARS).
ARS are not legally protected under the Act and are not subject to any of its provisions, including section
7, unless they are formally proposed or listed as endangered or threatened. The Service is expected to
make listing determinations on these species in the near future. While lead federal agencies are not
prohibited from jeopardizing the continued existence of an ARS or proposed species unless the species
becomes listed, the prohibition against jeopardy and taking a listed species under section 9 of the Act
applies as soon as a listing becomes effective, regardless of the stage of completion of the proposed
action. We include this notification to make you aware of their current status and potential occurrence
within the action area; your proposed conservation measures should be protective of these species.

We believe the requirements under section 7 of the Act are fulfilled for the federally listed species
discussed above. However, obligations under section 7 must be reconsidered if: (1) new information
reveals impacts of this proposed action may affect listed species or critical habitat in a manner not
previously considered, (2) this proposed action is subsequently modified in a manner that was not
Mr. Harris - NCDOT 3

considered in this review, or (3) a new species is listed, or critical habitat is determined that may be
affected by the proposed action.

We appreciate the opportunity to provide these comments. Please contact Ms. Lauren B. Wilson of our
staff at [e-mail] if you have any questions. In any future correspondence concerning this
project, please reference our Log Number 18-457.

Sincerely,

Janet Mizzi
Field Supervisor