20181317 Ver 2_Macon County - B244 - USFWS NLEB-IND Range Wide Letter (2023)_20230804

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FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To: July 24, 2023
Project code: 2023-0107939
Project Name: Macon County - Bridge 244
Subject: Concurrence verification letter for the'Macon County - Bridge 244' project under the
amended February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion
(dated March 23, 2023) for Transportation Projects within the Range of the Indiana
Bat and Northern Long-eared Bat (NLEB).
To whom it may concern:
The U.S. Fish and Wildlife Service (Service) has received your request dated July 24, 2023 to
verify that the Macon County - Bridge 244 (Proposed Action) may rely on the concurrence
provided in the amended February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion
(dated March 23, 2023) for Transportation Projects within the Range of the Indiana Bat and
Northern Long-eared Bat (PBO) to satisfy requirements under Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.).
Based on the information you provided (Project Description shown below), you have determined
that the Proposed Action is within the scope and adheres to the criteria of the PBO, including the
adoption of applicable avoidance and minimization measures, and may affect, but is not likely to
adversely affect (NLAA) the endangered Indiana bat (Myotis sodalis) and/or the endangered
northern long-eared bat (Myotis septentrionalis). Consultation with the Service pursuant to
section 7(a)(2) of ESA (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) is required.
The Service has 14 calendar days to notify the lead Federal action agency or designated non-
federal representative if we determine that the Proposed Action does not meet the criteria for a
NLAA determination under the PBO. If we do not notify the lead Federal action agency or
designated non-federal representative within that timeframe, you may proceed with the Proposed
Action under the terms of the NLAA concurrence provided in the PBO. This verification period
allows Service Field Offices to apply local knowledge to implementation of the PBO, as we may
identify a small subset of actions having impacts that were unanticipated. In such instances,
Service Field Offices may request additional information that is necessary to verify inclusion of
the proposed action under the PBO.

07/24/2023
For Proposed Actions that include bridge/culvert or structure removal, replacement, and/or
maintenance activities: If your initial bridge/culvert or structure assessment documented signs
of bat use or occupancy, or an assessment failed to detect Indiana bats and/or NLEBs, yet are
later detected prior to, or during construction, please submit the Post Assessment Discovery of
Bats at Bridge/Culvert or Structure Form (User Guide Appendix E) to this Service Office within
2 working days of any potential take. In these instances, potential incidental take of Indiana bats
and/or NLEBs is covered under the Incidental Take Statement in the 2018 FHWA, FRA, FTA
PBO (provided that the take is reported to the Service).
If the Proposed Action is modified, or new information reveals that it may affect the Indiana bat
and/or northern long-eared bat in a manner or to an extent not considered in the PBO, further
review to conclude the requirements of ESA Section 7(a)(2) may be required.
For Proposed Actions that include bridge/culvert or structure removal, replacement, and/or
maintenance activities:
If your initial bridge/culvert or structure assessments failed to detect Indiana bats and/or NLEB
use or occupancy, yet bats are later detected prior to, or during construction, please submit the
Post Assessment Discovery of Bats at Bridge/Culvert or Structure Form (User Guide Appendix
E) to this Service Office within 2 working days of the incident. In these instances, potential
incidental take of Indiana bats and/or NLEBs may be exempted provided that the take is reported
to the Service.
If the Proposed Action may affect any other federally -listed or proposed species, and/or any
designated critical habitat, additional consultation between the lead Federal action agency and
this Service Office is required. If the proposed action has the potential to take bald or golden
eagles, additional coordination with the Service under the Bald and Golden Eagle Protection Act
may also be required. In either of these circumstances, please contact this Service Office.
The following species may occur in your project area and are not covered by this determination:
■ Bog Turtle Glyptemys muhlenbergii Similarity of Appearance (Threatened)
■ Gray Bat Myotis grisescens Endangered
■ Monarch Butterfly Danaus plexippus Candidate
■ Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered
■ Rock Gnome Lichen Gymnoderma lineare Endangered
■ Small Whorled Pogonia Isotria medeoloides Threatened
■ Spotfin Chub Erimonax monachus Threatened
■ Swamp Pink Helonias bullata Threatened
■ Tricolored Bat Perimyotis subflavus Proposed Endangered

07/24/2023
PROJECT DESCRIPTION
The following project name and description was collected in IPaC as part of the endangered
species review process.
NAME
Macon County - Bridge 244
DESCRIPTION
The purpose of the project is to replace the functionally obsolete 25' 6" L X 20' W single span
timber floor on steel I -Beam bridge. The new structure will be a 676" L X 25' 3" W x 79"
H aluminum box culvert on a 60 degree skew and 0.70 % slope. Culvert sills (12' W X 1' H)
will be installed on the inlet and outlet of culvert to help retain stream bedload material and
to facilitate fish passage. Traffic will be detoured onsite utilizing a triple pipe crossing
structure downstream of existing bridge. The new permanent culvert will be constructed in
the existing bridge location.

07/24/2023
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.072764,-83.41704891894476,14z

07/24/2023
DETERMINATION KEY RESULT
Based on your answers provided, this project(s) may affect, but is not likely to adversely affect
the endangered Indiana bat and/or the endangered northern long-eared bat, therefore,
consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the
Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is
required. However, also based on your answers provided, this project may rely on the
concurrence provided in the amended February 5, 2018, FHWA, FRA, FTA Programmatic
Biological Opinion (dated March 23, 2023) for Transportation Projects within the Range of the
Indiana Bat and Northern Long-eared Bat.
QUALIFICATION INTERVIEW
1. Is the project within the range of the Indiana bat[']?
[1] See Indiana bat species profile
Automatically answered
Yes
2. Is the project within the range of the northern long-eared bat[']?
[1] See northern long-eared bat species profile
Automatically answered
Yes
3. Which Federal Agency is the lead for the action?
A) Federal Highway Administration (FHWA)
4. Are all project activities limited to non -construction['] activities only? (examples of non -
construction activities include: bridge/abandoned structure assessments, surveys, planning
and technical studies, property inspections, and property sales)
[1] Construction refers to activities involving ground disturbance, percussive noise, and/or lighting.
No
5. Does the project include any activities that are greater than 300 feet from existing road/
rail surfaces[']?
[1] Road surface is defined as the actively used [e.g. motorized vehicles] driving surface and shoulders [may be
pavement, gravel, etc.] and rail surface is defined as the edge of the actively used rail ballast.
No
6. Does the project include any activities within 0.5 miles of a known Indiana bat and/or
NLEB hibernaculum[']?
[1] For the purpose of this consultation, a hibernaculum is a site, most often a cave or mine, where bats hibernate
during the winter (see suitable habitat), but could also include bridges and structures if bats are found to be
hibernating there during the winter.
No

07/24/2023
7. Is the project located within a karst area?
No
8. Is there any suitable['] summer habitat for Indiana Bat or NLEB within the project action
area[2]? (includes any trees suitable for maternity, roosting, foraging, or travelling habitat)
[1] See the Service's summer survey guidance for our current definitions of suitable habitat.
[2] The action area is defined as all areas to be affected directly or indirectly by the Federal action and not merely
the immediate area involved in the action (50 CFR Section 402.02). Further clarification is provided by the User's
Guide for the Range -wide Programmatic Consultation for Indiana Bat and Northern Long-eared Bat.
Yes
9. Will the project remove any suitable summer habitat['] and/or remove/trim any existing
trees within suitable summer habitat?
[1] See the Service's summer survey guidance for our current definitions of suitable habitat.
Yes
10. Will the project clear more than 20 acres of suitable habitat per 5-mile section of road/rail?
No
11. Have presence/probable absence (P/A) summer surveys[1][21 been conducted'][41 within
the suitable habitat located within your project action area?
[1] See the Service's summer survey guidance for our current definitions of suitable habitat.
[2] Presence/probable absence summer surveys conducted within the fall swarming/spring emergence home range
of a documented Indiana bat hibernaculum (contact local Service Field Office for appropriate distance from
hibernacula) that result in a negative finding requires additional consultation with the local Service Field Office to
determine if clearing of forested habitat is appropriate and/or if seasonal clearing restrictions are needed to avoid
and minimize potential adverse effects on fall swarming and spring emerging Indiana bats.
[3] For projects within the range of either the Indiana bat or NLEB in which suitable habitat is present, and no bat
surveys have been conducted, the transportation agency will assume presence of the appropriate species. This
assumption of presence should be based upon the presence of suitable habitat and the capability of bats to occupy
it because of their mobility.
[4] Negative presence/probable absence survey results obtained using the summer survey guidance are valid for a
minimum of two years from the completion of the survey unless new information (e.g., other nearby surveys)
suggest otherwise.
No

07/24/2023
12. Does the project include activities within documented Indiana bat habitat['][']?
[1] Documented roosting or foraging habitat — for the purposes of this consultation, we are considering
documented habitat as that where Indiana bats and/or NLEB have actually been captured and tracked using (1)
radio telemetry to roosts; (2) radio telemetry biangulation/triangulation to estimate foraging areas; or (3) foraging
areas with repeated use documented using acoustics. Documented roosting habitat is also considered as suitable
summer habitat within 0.25 miles of documented roosts.)
[2] For the purposes of this key, we are considering documented corridors as that where Indiana bats and/or
NLEB have actually been captured and tracked to using (1) radio telemetry; or (2) treed corridors located directly
between documented roosting and foraging habitat.
No
13. Will the removal or trimming of habitat or trees occur within suitable but undocumented
Indiana bat roosting/foraging habitat or travel corridors?
Yes
14. What time of year will the removal or trimming of habitat or trees within suitable but
undocumented Indiana bat roosting/foraging habitat or travel corridors occur[i]?
[1] Coordinate with the local Service Field Office for appropriate dates.
B) During the inactive season
15. Does the project include activities within documented NLEB habitat['][']?
[1] Documented roosting or foraging habitat — for the purposes of this consultation, we are considering
documented habitat as that where Indiana bats and/or NLEB have actually been captured and tracked using (1)
radio telemetry to roosts; (2) radio telemetry biangulation/triangulation to estimate foraging areas; or (3) foraging
areas with repeated use documented using acoustics. Documented roosting habitat is also considered as suitable
summer habitat within 0.25 miles of documented roosts.)
[2] For the purposes of this key, we are considering documented corridors as that where Indiana bats and/or
NLEB have actually been captured and tracked to using (1) radio telemetry; or (2) treed corridors located directly
between documented roosting and foraging habitat.
No
16. Will the removal or trimming of habitat or trees occur within suitable but undocumented
NLEB roosting/foraging habitat or travel corridors?
Yes
17. What time of year will the removal or trimming of habitat or trees within suitable but
undocumented NLEB roosting/foraging habitat or travel corridors occur?
B) During the inactive season
18. Will any tree trimming or removal occur within 100 feet of existing road/rail surfaces?
Yes
19. Will any tree trimming or removal occur between 100-300 feet of existing road/rail
surfaces?
W

07/24/2023
20. Are all trees that are being removed clearly demarcated?
Yes
21. Will the removal of habitat or the removal/trimming of trees include installing new or
replacing existing permanent lighting?
No
22. Does the project include wetland or stream protection activities associated with
compensatory wetland mitigation?
Yes
23. Does the project include slash pile burning?
No
24. Does the project include any bridge removal, replacement, and/or maintenance activities
(e.g., any bridge repair, retrofit, maintenance, and/or rehabilitation work)?
Yes
25. Is there any suitable habitat[1] for Indiana bat or NLEB within 1,000 feet of the bridge?
(includes any trees suitable for maternity, roosting, foraging, or travelling habitat)
[1] See the Service's current summer survey guidance for our current definitions of suitable habitat.
Yes
26. Has a bridge assessment[1] been conducted within the last 24 months[2] to determine if the
bridge is being used by bats?
[1] See User Guide Appendix D for bridge/structure assessment guidance
[2] Assessments must be completed no more than 2 years prior to conducting any work below the deck surface on
all bridges that meet the physical characteristics described in the Programmatic Consultation, regardless of
whether assessments have been conducted in the past. Due to the transitory nature of bat use, a negative result in
one year does not guarantee that bats will not use that bridge/structure in subsequent years.
Yes
SUBMITTED DOCUMENTS
■ Macon County - B244 - BatAssessment Form 2023.pd f https:
ipac.ecosphere. fLys. goy/projectlCXN50TOETZHDHA3HGD7XRNWPXE/
projectDocuments/129444177

07/24/2023
27. Did the bridge assessment detect any signs of Indiana bats and/or NLEBs roosting in/under
the bridge (bats, guano, etc.)[i]?
[1] If bridge assessment detects signs of any species of bats, coordination with the local FWS office is needed to
identify potential threatened or endangered bat species. Additional studies may be undertaken to try to identify
which bat species may be utilizing the bridge prior to allowing any work to proceed.
Note: There is a small chance bridge assessments for bat occupancy do not detect bats. Should a small number of
bats be observed roosting on a bridge just prior to or during construction, such that take is likely to occur or does
occur in the form of harassment, injury or death, the PBO requires the action agency to report the take. Report all
unanticipated take within 2 working days of the incident to the USFWS. Construction activities may continue
without delay provided the take is reported to the USFWS and is limited to 5 bats per project.
No
28. Will the bridge removal, replacement, and/or maintenance activities include installing new
or replacing existing permanent lighting?
No
29. Does the project include the removal, replacement, and/or maintenance of any structure
other than a bridge? (e.g., rest areas, offices, sheds, outbuildings, barns, parking garages,
etc.)
No
30. Will the project involve the use of temporary lighting during the active season?
No
31. Will the project install new or replace existing permanent lighting?
No
32. Does the project include percussives or other activities (not including tree removal/
trimming or bridge/structure work) that will increase noise levels above existing traffic/
background levels?
Yes
33. Will the activities that use percussives (not including tree removal/trimming or bridge/
structure work) and/or increase noise levels above existing traffic/background levels be
conducted during the active season[i]?
[1] Coordinate with the local Service Field Office for appropriate dates.
No
34. Are all project activities that are not associated with habitat removal, tree removal/
trimming, bridge and/or structure activities, temporary or permanent lighting, or use of
percussives, limited to actions that DO NOT cause any additional stressors to the bat
species?
Examples: lining roadways, unlighted signage , rail road crossing signals, signal lighting, and minor road repair
such as asphalt fill of potholes, etc.
Yes

07/24/2023 10
35. Will the project raise the road profile above the tree canopy?
No
36. Are the wetland or stream protection activities associated with compensatory wetland/
stream mitigation portion of this project consistent with a Not Likely to Adversely Affect
determination in this key?
Automatically answered
Yes, because your activities associated with compensatory wetland/stream mitigation
activities do not clear suitable summer habitat and are not within 0.5 miles of Indiana bat
or NLEB hibernaculum.
37. Are the project activities that use percussives (not including tree removal/trimming or
bridge/structure work) and/or increase noise levels above existing traffic/background
levels consistent with a No Effect determination in this key?
Automatically answered
Yes, because the activities are within 300 feet of the existing road/rail surface, greater than
0.5 miles from a hibernacula, and conducted during the inactive season
38. Is the habitat removal portion of this project consistent with a Not Likely to Adversely
Affect determination in this key?
Automatically answered
Yes, because the tree removal/trimming that occurs outside of the Indiana bat's active
season occurs greater than 0.5 miles from the nearest hibernaculum, is less than 100 feet
from the existing road/rail surface, includes clear demarcation of the trees that are to be
removed, and does not alter documented roosts and/or surrounding summer habitat within
0.25 miles of a documented roost.
39. Is the habitat removal portion of this project consistent with a Not Likely to Adversely
Affect determination in this key?
Automatically answered
Yes, because the tree removal/trimming that occurs outside of the NLEB's active season
occurs greater than 0.5 miles from the nearest hibernaculum, is less than 100 feet from the
existing road/rail surface, includes clear demarcation of the trees that are to be removed,
and does not alter documented roosts and/or surrounding summer habitat within 0.25
miles of a documented roost.
40. Is the bridge removal, replacement, or maintenance activities portion of this project
consistent with a No Effect determination in this key?
Automatically answered
Yes, because the bridge has been assessed using the criteria documented in the BA and no
signs of bats were detected
41. General AMM 1
Will the project ensure all operators, employees, and contractors working in areas of
known or presumed bat habitat are aware of all FHWA/FRA/FTA (Transportation
Agencies) environmental commitments, including all applicable Avoidance and
Minimization Measures?
Yes

07/24/2023
11
42. Tree Removal AMM 1
Can all phases/aspects of the project (e.g., temporary work areas, alignments) be modified,
to the extent practicable, to avoid tree removal[1] in excess of what is required to
implement the project safely?
Note: Tree Removal AMM 1 is a minimization measure, the full implementation of which may not always be
practicable. Projects may still be NLAA as long as Tree Removal AMMs 2, 3, and 4 are implemented and LAA as
long as Tree Removal AMMs 3, 5, 6, and 7 are implemented.
[1] The word "trees" as used in the AMMs refers to trees that are suitable habitat for each species within their
range. See the USFWS' current summer survey guidance for our latest definitions of suitable habitat.
Yes
43. Tree Removal AMM 3
Can tree removal be 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)?
Yes
44. Tree Removal AMM 4
Can the project avoid cutting down/removal of all (1) documented'] Indiana bat or NLEB
roosts[2] (that are still suitable for roosting), (2) trees within 0.25 miles of roosts, and (3)
documented foraging habitat any time of year?
[1] The word documented means habitat where bats have actually been captured and/or tracked.
[2] Documented roosting or foraging habitat — for the purposes of this consultation, we are considering
documented habitat as that where Indiana bats and/or NLEB have actually been captured and tracked using (1)
radio telemetry to roosts; (2) radio telemetry biangulation/triangulation to estimate foraging areas; or (3) foraging
areas with repeated use documented using acoustics. Documented roosting habitat is also considered as suitable
summer habitat within 0.25 miles of documented roosts.)
Yes
PROJECT QUESTIONNAIRE
1. Have you made a No Effect determination for all other species indicated on the FWS IPaC
generated species list?
Yes
2. Have you made a May Affect determination for any other species on the FWS IPaC
generated species list?
No
3. How many acres[1] of trees are proposed for removal between 0-100 feet of the existing
road/rail surface?
[1] If described as number of trees, multiply by 0.09 to convert to acreage and enter that number.
0.25

07/24/2023
12
4. Please describe the proposed bridge work:
The purpose of the project is to replace the functionally obsolete 25' 6" L X 20' W single
span timber floor on steel I -Beam bridge. The new structure will be a 67' 6" L X 25' 3" W
x 7' 9" H aluminum box culvert on a 60 degree skew and 0.70 % slope. Culvert sills (12' W
X 1'H) will be installed on the inlet and outlet of culvert to help retain stream bedload
material and to facilitate fish passage. Traffic will be detoured onsite utilizing a triple pipe
crossing structure downstream of existing bridge. The new permanent culvert will be
constructed in the existing bridge location.
5. Please state the timing of all proposed bridge work:
Project will start on 111212024. Trees will be removed prior to March 31st. Bridge removal
and culvert installation should be completed by December 2024.
6. Please enter the date of the bridge assessment:
5.16.2023
AVOIDANCE AND MINIMIZATION MEASURES (AMMS)
This determination key result includes the committment to implement the following Avoidance
and Minimization Measures (AMMS):
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 Indiana bat or NLEB roosts that are still suitable for roosting, or
trees within 0.25 miles of roosts, or
documented foraging habitat any time of year.
GENERAL AMM 1
Ensure all operators, employees, and contractors working in areas of known or presumed bat
habitat are aware of all FHWA/FRA/FTA (Transportation Agencies) environmental
commitments, including all applicable AMMS.
TREE REMOVAL AMM 1
Modify all phases/aspects of the project (e.g., temporary work areas, alignments) to avoid tree
removal.

07/24/2023
DETERMINATION KEY DESCRIPTION: FHWA, FRA, FTA
PROGRAMMATIC CONSULTATION FOR TRANSPORTATION
PROJECTS AFFECTING NLEB OR INDIANA BAT
This key was last updated in IPaC on June 14, 2023. Keys are subject to periodic revision.
This decision key is intended for projects/activities funded or authorized by the Federal Highway
Administration (FHWA), Federal Railroad Administration (FRA), and/or Federal Transit
Administration (FTA), which may require consultation with the U.S. Fish and Wildlife Service
(Service) under Section 7 of the Endangered Species Act (ESA) for the endangered Indiana bat
(Myotis sodalis) and the endangered northern long-eared bat (NLEB) (Myotis septentrionalis).
This decision key should only be used to verify project applicability with the Service's amended
February 5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion (dated March 23, 2023)
for Transportation Projects. The programmatic biological opinion covers limited transportation
activities that may affect either bat species, and addresses situations that are both likely and not
likely to adversely affect either bat species. This decision key will assist in identifying the effect
of a specific project/activity and applicability of the programmatic consultation. The
programmatic biological opinion is not intended to cover all types of transportation actions.
Activities outside the scope of the programmatic biological opinion, or that may affect ESA -
listed species other than the Indiana bat or NLEB, or any designated critical habitat, may require
additional ESA Section 7 consultation.

07/24/2023
14
IPAC USER CONTACT INFORMATION
Agency: North Carolina Department of Transportation
Name: Patrick Breedlove
Address: 345 Toot Hollow Road
City:
Bryson City
State:
NC
Zip:
28713
Email
[e-mail]
Phone:
8285087397
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Federal Highway Administration