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HomeMy WebLinkAbout20181268 Ver 2_Macon County - B9 - USFW Concurrence Final_20230719O� P�MgNT OF ThF�m FIM E�tFE ti United States Department of the Interior N O FISH AND WILDLIFE SERVICE �9RCH 3 1aA9 Asheville Field Office 160 Zillicoa Street Suite #B Asheville, North Carolina 28801 October 15, 2018 Patrick Breedlove NC Department of Transportation Division 14 253 Webster Road Sylva, NC 28779 Subject: 16-227, Section 7 Concurrence for Macon County Bridge 9 Replacement TIP B- 6029 (formerly State Project No. 1713P.14.R.158) Dear Mr. Breedlove, On September 19, 2018, 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 November 22, 2017 and July 29, 2018 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 NLEB on January 5, 2016, this activity is now excepted from take prohibitions for NLEB, based on the project location. Project activities in the action area: (1) would not affect a known hibernation site; (2) are not located within'/4 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. 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 16-227. Sincerely, y�c Janet Mizzi Field Supervisor