20201371 Ver 1_9_21-068_NCDOT_updated A9 Concurrence_GrahamCo_20211216

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

December 03, 2021

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

Subject: Updated - 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 (via e-mail) your request for informal consultation and section 7
concurrence on effects the subject project may have on federally listed species. A letter of concurrence
was issued from the office on November 23, 2020. On November 23, 2021, we received your request for
an update to the previously issued concurrence letter to address the northern long-eared bat (Myotis
septentrionalis, NLEB). We have reviewed the submitted information and the following comments are
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).

Additionally, a conference opinion is under development 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) is preparing 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 and the U.S Forest Service, as outlined in a biological assessment type document
submitted by the North Carolina Department of Transportation (NCDOT).

Project Description
NCDOT proposes to improve US Highway 129, NC Highway 143 and NC Highway 28 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 15 to April 1, 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 nights between November and March; and demolition of man-
made structures only during the winter or after confirming the absence of roosting bats.
Mr. McHenry – NCDOT 2

Federally Listed Species
Given the conservation commitments in place, we concur with your determination that the proposed
project may affect, but is not likely to adversely affect (NLAA) the Indiana bat (Mytois sodalis) and the
NLEB. 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 NLAA determination for this species as well.

Based on the information provided, we have no concerns for the 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 suitable habitat in the project area, lack of field survey
results and/or absence of established species distribution within the project area.

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, and
we would support a determination of NLAA should these species become listed during the life of the
project.

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
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. Holland Youngman of our
staff at [e-mail] if you have any questions. In any future correspondence concerning
this project, please reference our Log Number 21-068.

Sincerely,

Janet Mizzi
Field Supervisor