20210453 Ver 1_8_22-224_Revised Informal_Improvements US311 US65 Stokesburg Rd_R-5768_20220627

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

June 13, 2022

Amy Euliss
North Carolina Department of Transportation Division 9
375 Silas Creek Parkway
Winston-Salem, North Carolina 27127

Subject: Revised Informal Consultation and Conference Report for Improvements to the Intersection of
US 311 (South Main Street), NC 65, and SR 1928 (Stokesburg Road) and Improvements to the Railroad
Crossing at NC 65, Town of Walnut Cove in Stokes County (FA Project No. STP-0311 (035), WBS No.
44670.1.1, STIP Project No. R-5768)

Dear Amy Euliss:

On April 14, 2022 we received (via e-mail) your request to conference on effects the subject project may
have on tricolored bat, a federal at-risk species. We reviewed the information you provided, along with
our original informal concurrence letter dated February 25, 2022 and the Concurrence Verification Letter
dated April 11, 2022 for the northern long-eared bat, and the following is provided in accordance with the
provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.) and section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act). This concurrence letter and
conference report supersedes the one provided on February 25, 2022.

Project Description
According to the information provided, the North Carolina Department of Transportation (NCDOT)
Division 9 is proposing to improve the intersection of US 311 (South Main Street), NC 65, and SR 1928
(Stokesburg Road) and the at-grade single track crossing of Norfolk Southern Railway and NC 65 in the
Town of Walnut Cove in Stokes County. Improvements are needed in the vicinity of the two
intersections to reduce the potential for vehicle-vehicle crashes, vehicle-train crashes, to increase sight
distance and cueing on NC 65 and SR 1928, and to reduce congestion during peak hours. The project is
funded by the Federal Highway Administration (FHWA) who is the federal lead for section 7 of the Act
for this project. The project will also require a 404 permit from the U.S. Army Corp of Engineers
(USACE).

The project is not expected to impact Town Fork Creek or Lick Creek but will impact small unnamed
tributaries (UTs) SA and SB. There will be impacts to the UT to Town Fork Creek because of a culvert
replacement. A 24-inch diameter by 51-foot-long culvert under South Main Street (which is adjacent to a
36-inch-diameter culvert that crosses under the railroad) will be replaced with a 42-inch diameter by 72-
foot-long culvert and includes bank armoring for stability. The flow through the culverts to the UT
originates from a small wetland on the upstream side of the railroad tracks which has low but perennial
flow. No caves or mines are present within or near the action area. Based on the most circuitous
alternative and widest slope stakes, the total amount of tree clearing is expected to be 1.5 acres. Blasting
may be needed during project construction during the day.

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New permanent lights will be placed at the relocated intersections of NC 65 and South Main Street (US
311) and the intersection of McAlster Road and NC 65. Night work in the form of grading and paving
may occur throughout the duration of the project to construct the intersections of the relocated roads. The
intersections are located at least 800 feet from Town Fork Creek and Lick Creek. Temporary lighting at
night will be required for safety of the construction crews, and for visibility to complete the work.

We believe the following project details are protective of federally listed ant at-risk species in the action
area and identify them as conservation measures specific to this project:

1. New permanent lighting and temporary lighting associated with night work will be at least 800
feet from Lick Creek and Town Fork Creek.
2. Tree clearing will occur at least 70 feet from Town Fork Creek and Lick Creek and 25 feet from
the UT to Town Fork Creek.
3. Tree clearing will take place from October 16 to March 31, outside the active season for
tricolored bats and northern long-eared bats.
4. NCDOT will survey the 36-inch culvert in the 2022 survey season for the presence of bats.

Additional conservation measures committed to as part of this proposed action for the northern long-eared
bat are below. These are part of the Concurrence Verification Letter for the northern long-eared bat under
the FHWA’s National Programmatic Biological Opinion (PBO) for Transportation Projects within the
Range of the Indiana Bat and Northern Long-eared Bat.

GENERAL AMM 1: Ensure all operators, employees, and contractors working in areas of
known or presumed bat habitat are aware of all FHWA environmental commitments,
including all applicable avoidance and minimization measures.
TREE REMOVAL AMM 1: Modify all phases/aspects of the project (e.g., temporary work
areas, alignments) to avoid tree removal.
TREE REMOVAL AMM 2: Apply time of year restrictions for tree removal when bats are not
likely to be present, or limit tree removal to 10 or fewer trees per project at any time of year
within 100 feet of existing road/ rail surface and outside of documented roosting/foraging
habitat or travel corridors; visual emergence survey must be conducted with no bats observed.
TREE REMOVAL AMM 3: Ensure tree removal is limited to that specified in project plans and
ensure that contractors understand clearing limits and how they are marked in the field (e.g.,
install bright colored flagging/fencing prior to any tree clearing to ensure contractors stay
within clearing limits).
TREE REMOVAL AMM 4: Do not remove documented northern long-eared bat roosts that are
still suitable for roosting, or trees within 0.25 miles of roosts, or documented foraging habitat
any time of year.
LIGHTING AMM 1: Direct temporary lighting away from suitable habitat during the active
season.
LIGHTING AMM 2: When installing new or replacing existing permanent lights, use
downward-facing, full cut-off lens lights (with same intensity or less for replacement
lighting).

Federally Listed Species
Your original consultation request letter provided a recent but incomplete 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. IPaC identified five species for the project study area including James
spinymussel (Parvaspina collina), gray bat (Myotis grisescens), Schweinitz’s sunflower (Helianthus
schweinitzii), small-anthered bittercress (Cardamine micranthera), and the northern long-eared bat
(Myotis septentrionalis). Our comments to you on February 16, 2022 also included the Roanoke logperch

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(Percina rex) which occurs in the Dan River 4.5 river miles upstream of the action area. IPaC is not
reporting correctly for this species in the Asheville Field Office’s work area. Finally, tricolored bat
(Perimyotis subflavus), a species under review for federal listing, occurs in Stokes County and does not
report out in IPaC because of its at-risk status.

Based upon a review of our records and the information provided, we agree with your “no effect”
determination for James spinymussel. Based on our knowledge of the project, we would also support a
“no effect” determination for Roanoke logperch.

The information provided states that suitable habitat for Schweinitz’s sunflower is present; however, the
species was not observed during surveys. Based on negative results of visual surveys conducted in
August 2017 and October 2021, we would concur with a “may affect, not likely to adversely affect”
(NLAA) determination by the NCDOT for Schweinitz’s sunflower.

Suitable habitat for small-anthered bittercress is present in the action area; however, the species was not
observed during surveys. Based on negative results of visual surveys conducted on June 13, 2017 and
April 19, 2022, we would concur with a NLAA determination by NCDOT for small-anthered bittercress.

No suitable roosting habitat for gray bat is present within the action area. All culverts in the action area
are shorter than those that have been found occupied by the species across its range and no bridges occur
within the action area. Foraging and commuting habitat for gray bat may occur within the action area.
Gray bat’s exposure to project stressors, including noise, light, and riparian tree removal, and the
likelihood of adverse responses to those stressors, as described in your concurrence request, are expected
to be either discountable or insignificant. Based on the information provided, we concur with the
NCDOT’s NLAA determination for gray bats.

Our February 25, 2022 concurrence letter noted that the project was consistent with the 4(d) rule for
northern long-eared bat but that the Service was re-evaluating the status of the species. On March 23,
2022, the Service published a proposal to reclassify the northern long-eared bat as endangered under the
Endangered Species Act. The U.S. District Court for the District of Columbia has ordered the Service to
complete a new final listing determination for the northern long-eared bat by November 2022 (Case 1:15-
cv-00477, March 1, 2021). The bat, currently listed as threatened, faces extinction due to the range-wide
impacts of white-nose syndrome, a deadly fungal disease affecting cave-dwelling bats across the
continent. The proposed reclassification, if finalized, would remove the current 4(d) rule for the northern
long-eared bat, as these rules may be applied only to threatened species.

To address this change, NCDOT consulted on the northern long-eared bat for this project using the
FHWA’s National PBO for Transportation Projects within the Range of the Indiana Bat and Northern
Long-eared Bat via IPaCs determination key. NCDOT received a Concurrence Verification Letter from
IPaC for the northern long-eared bat. We reviewed the project information and the Concurrence
Verification Letter and agreed that the proposed project met the criteria for a NLAA determination under
the PBO on April 18, 2022.

Suitable summer habitat for tricolored bat (trees and culverts) occurs within the action area and will be
removed by the project. The closest record of the species is about 7.5 miles northwest of the action area.
Surveys of the 36-inch culvert will be conducted by NCDOT prior to the start of the project. The Service
conducted a survey of the 24-inch culvert on June 6, 2022 and found no evidence of bat use. As NCDOT
did not conduct presence/absence surveys for the species in the action area, their presence is assumed.
Conservation measures outlined above will ensure that tricolored bat’s exposure to project stressors, are
expected to be either discountable or insignificant. After reviewing the proposed action and the current
status of the tricolored bat, we have determined that the project is not likely to jeopardize the continued

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existence of the tricolored bat. Should the species be listed in the future, we would concur with a NLAA
determination by the NCDOT provided that all conservation measures described in the project description
are implemented and the species is not found roosting within the action area during culvert surveys.

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. 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 22-224.

Sincerely,

- - original signed - -

Janet Mizzi
Field Supervisor