20240642 Ver 1_Clay County - B79 - USFWS Informal Consultation (4.8.24)_20240503

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SERVICE
q`` tim United States Department of the Interior
FISH AND WILDLIFE SERVICE
H 3 8� Asheville Field Office���
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
April 8, 2024
Patrick Breedlove
Division 14 Project Development & Environmental Analysis Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva, North Carolina 28779
Subject: Informal Consultation and Conference for Replacement of Bridge 079 over Eagle Fork Creek on
SR 1171 in Clay County (TIP No. BP14.R010, Service Log 924-194)
Dear Patrick Breedlove:
On February 8, 2024, we received your request to initiate informal consultation and section 7 concurrence
on effects the subject project may have on federally listed species and conference procedures for effects
the subject project may have on federally proposed species. We have reviewed the information you
submitted, and the following is 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).
Proiect Description
According to the information provided, the North Carolina Department of Transportation (NCDOT)
proposes to replace Bridge 079 over Eagle Fork Creek on SR 1171 in Clay County. The purpose of the
project is to replace the existing functionally obsolete 20-foot-wide by 40-foot-six-inch-long timber deck
on steel I-beam structure with a 30-foot-wide by 65-foot-long cored slab bridge. The new structure will
be constructed on the existing location. A temporary work bridge will be used during construction.
Percussive activities such as jack hammering are not anticipated for the project, however, pile driving for
guardrails is expected. Several trees greater than 3-inch DBH are expected to be removed. The Federal
Highway Administration (FHWA) is the federal lead for this project for section 7 purposes, with authority
delegated to NCDOT.
NCDOT has agreed to implement the following conservation measures for the project:
1. Tree clearing will take place from October 16 to March 31.
2. The existing bridges and any culverts > 3 feet in manufactured diameter within the action area
will be surveyed within 14 days of construction to ensure absence of roosting bats. The U.S. Fish
and Wildlife Service (Service) Asheville Field Office will be contacted immediately if bats are
observed.
3. No night work or associated temporary lighting will occur.
4. No additional permanent lighting will be added to the action area.
5. No blasting will occur.
Federally Listed Species
The information provided indicates that "No Effect" (NE) determinations have been made for rock gnome
lichen (Gymnoderma lineare) and green pitcher -plant (Sarracenia oreophila). In instances of suitable

habitat being absent from the action area, we would agree that NE determinations are appropriate. In
instances where suitable habitat is present and botanical surveys conducted during the optimal survey
window and within the past 1 or 2 years (depending on the species) have negative results, we would
concur with a biological determination of "may affect, not likely to adversely affect" (NLAA). This
information is provided for the sake of the administrative record.
The correspondence received from NCDOT requests consultation on gray bat (Myotis grisescens),
Indiana bat (Myotis sodalis), northern long-eared bat (Myotis septentrionalis) and requests conference for
tricolored bat (Perimyotis subflavus).
Suitable bridge roosts and suitable roosting, commuting, and foraging habitat for gray bat, Indiana bat,
northern long-eared bat, and tricolored bat occurs within the action area. The project bridge was surveyed
for bats and signs of bat use on June 6, 2023, and results were negative.
The completed structure survey and proposed conservation measures minimize effects to bats potentially
occurring within the action area. However, effects from construction noise to unknown tree roosts within
the action area but outside the construction limits, while minimized, are not avoided. Bats that are present
in proximity to transportation corridors are expected to be tolerant of baseline noise and vibration levels
(or have already modified their behaviors to avoid them). How temporary increases in noise and
vibration from construction activities effect bats within existing transportation corridors has not been well
studied to our knowledge, though one study found that bats habituated rapidly to traffic noise (Luo et al.
2014). Given the information available and conservation measures above, we do not believe any response
to project noise and vibration by bats that are already tree -roosting in the area is expected to rise to the
level of harm (as defined at 50 CFR 17.3). Therefore, we concur with the NCDOT that the project is
NLAA gray bat, Indiana bat, and northern long-eared bat. With the implementation of conservation
measures, we believe the project is consistent with the Interim Consultation Framework for the Northern
Long-eared Bat (Service, March 6, 2023).
On September 14, 2022, the Service published a proposal in the Federal Register to list the tricolored bat
as endangered under the Act. As a result, NCDOT has requested a conference for the tricolored bat as the
project may be on -going after the effective date of any final listing rule, if one is published. Based on the
information provided, the analysis above, and the commitments to minimize project impacts, we have
determined that the proposed project will not jeopardize the continued existence of the tricolored
bat. Additionally, we would concur with the NCDOT's determination that the project is NLAA the
tricolored bat should it become listed.
Conservation Recommendations
Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of
a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop
information. General recommendations for the benefit of fish and wildlife resources are provided here:
Eastern Hellbenders. Records of eastern hellbenders (Cryptobranchus alleganiensis
alleganiensis) occur approximately 0.2 stream miles downstream of the project location. This
species is state -listed and is not currently afforded legal protection under the Act. The eastern
hellbender was petitioned for listing on March 31, 2022 and is now considered an 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. We
recommend the most protective sediment and erosion control measures that meet the Design
Standards in Sensitive Watersheds be used in waters occupied by this species. We encourage you
to coordinate the project with the North Carolina Wildlife Resources Commission.
2

Provide Terrestrial Wildlife Passage: Where riparian corridors suitable for wildlife movement
occur adjacent to a project, a spanning structure that also spans a portion of the floodplain and
provides or maintains a riprap-free level path underneath for wildlife passage would provide a
safer roadway and facilitate wildlife passage. A 10-foot strip may be ideal, though smaller widths
can also be beneficial. Alternatively, a "wildlife path" can be constructed with a top -dressing of
finer stone (such as smaller aggregate or on -site alluvial material) to fill riprap voids if full bank
plating is required. If a multi -barrel culvert is used, the low flow barrel(s) should accommodate
the entire stream width and the other barrel should have sills to the floodplain level and be back -
filled to provide dry, riprap-free wildlife passage and well as periodic floodwater passage.
Riparian Replanting: Because the removal of forested riparian habitat can affect the quality and
suitability of foraging and commuting habitat for bats and the water quality for aquatic
organisms, we recommend replanting the riparian zone with native, fast-growing trees and shrubs
that would serve to stabilize the stream bank, filter runoff and reduce erosion and sedimentation,
block light pollution, and generally improve the quality of the habitat for bats and aquatic species.
Examples of potential native tree species to plant include: Sycamore, tulip poplar, black cherry
and river birch. Planting with established (e.g. containerized) young trees can increase the
survival rate of plantings and contribute to faster improvement of riparian habitat.
Noise Considerations for Bats: If suitable roost trees are present near high -decibel activity (81 —
162 dBA) and would experience noise above background levels (41 — 70 dBA), avoid conducting
those high -decibel activities during the bat maternity season (May 15 — August 15).
Alternatively, activity could avoid the pup season (June 1 and July 31). To minimize noise
levels, incorporate sound -dampening devices such as noise shrouds for pile driving.
Reinitiation Notice
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 i£ (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 hollandyouungmankfws.gov if you have any questions. In any future correspondence concerning
this project, please reference our Service Log 924-194.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor