20201371 Ver 1_8_21-068 DOT A9 Concurrence Graham Co - Final_20211216

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

1
November 23, 2020
Dave McHenry
NC Department of Transportation
Division 14
253 Webster Road
Sylva, North Carolina 28779

Subject: 21-068, Section 7 Concurrence for Graham County A-0009C Corridor K
Appalachian Highway Development System; NC WBS: 32572.1.FS10

Dear Mr. McHenry,

On November 3, 2020, we received your letter requesting section 7 concurrence on effects the
subject project may have on the federally endangered 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).

Additionally, a conference opinion will be developed for golden-winged warbler (Vermivora
chysoptera), which is currently under review for listing. So as to avoid any construction delays
that might occur if the species were to be listed between now and the completion of project
construction, the U.S. Fish and Wildlife Service (Service) will prepare a conference opinion
based on the proposed action and conservation measures as proposed by the NCDOT in
cooperation with the North Carolina Wildlife Resources Commission (NCWRC) and the U.S
Forest Service (USFS), as outlined in a biological assessment or assessment type document, yet
to be submitted.

Project Summary
The North Carolina Department of Transportation (NCDOT) proposes to improve US129,
NC143 and NC28 on their existing alignments from the town of Robbinsville, North Carolina to
the existing four-lane section east of Stecoah, North Carolina. The proposed work will involve
areas of tree clearing, grading, drilling, blasting, removal of man-made structures and a minimal
amount of night work with associated temporary lighting.

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 during surveys on July 8-9, 2019, returned signs of bat usage at one bridge site,
which will not be impacted by the proposed work. You have also committed to no additional
permanent lighting to the project area; limiting temporary lighting and night work to the single
area needed for the wildlife passage/Appalachian Trail land bridge, to be completed over a few

2
nights between November and March; and demolition of man-made structures only during the
winter or after confirming the absence of roosting bats.

With these commitments in place, we concur with your determination that the proposed project
may affect, but is not likely to adversely affect, the Indiana bat. Given recent survey efforts we
have reason to believe that the Gray bat (Myotis grisescens) may also utilize these habitats.
However, at this time we have no known records of this species in the immediate project
vicinity, although neighboring counties do have current populations. Gray bats forage on a
variety of flying aquatic and terrestrial insects present along streams, rivers, and lakes. They
migrate between summer and winter roosting habitat and will use transient or stopover caves or
cave-like features along the way. The proposed avoidance measures would reduce the probability
for take of this animal, therefore, we concur with a ‘may affect, not likely to adversely affect”
determination for this species as well.

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.

Based on the information provided, we have no concerns for Carolina northern flying squirrel
(Glaucomys sabrinus coloratus), Appalachian elktoe (Alasmidonta raveneliana), spotfin chub
(Erimonax monachus), Virginia spirea (Spirea virginiana), small whorled pogonia (Isotria
medeoloides), or rock gnome lichen (Gymnoderma lineare) given lack of habitat in the project
area, lack of field survey results and/or absence of established species distribution within the
project area.

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.

If you have questions about these comments please contact Ms. Holland Youngman of our staff
at 828-258-3939, Ext. 42235. In any future correspondence concerning these projects, please
reference our Log Number 21-068.

Sincerely,

Janet Mizzi
Field Supervisor