20241224 Ver 1_24-260_Intrsctn Imprvt W-5710X Informal_MecklenburgCoUSFWS_20240913

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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
September 12, 2024
Joel M. Howard
Division 10 Project Development & Environmental Analysis Engineer
North Carolina Department of Transportation
716 West Main Street
Albemarle, North Carolina 28801
Subject: Informal Consultation and Conference for Intersection Improvements to Sunset Road (S.R.
2108) at the Oakdale Road (S.R. 2042)/Miranda Road (S.R. 2025)/Lawing Road intersection (S.R. 2040)
and on Oakdale Road (S.R. 2042) at the Simpson Road (S.R. 2041) intersection, City of Charlotte,
Mecklenburg County (TIP No.W-5710X, Service Log 924-260)
Greetings Joel:
On July 25, 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
- 6670; 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 conduct intersection improvements at Sunset Road (S.R. 2108) at the Oakdale Road (S.R.
2042)/Miranda Road (S.R. 2025)/Lawing Road intersection (S.R. 2040) and on Oakdale Road (S.R. 2042)
at the Simpson Road (S.R. 2041) intersection, City of Charlotte, Mecklenburg County. The primary
purpose of the project is to improve safety and traffic operations, as the offset intersections include many
conflict points that increase the risk of vehicle collisions, and steep/narrow shoulders that limit safe
pedestrian use of the area. The project area consists of urban/suburban development with areas of trees
throughout. Approximately 3 acres of clearing will occur. Night work may occur and percussive actions
in the form of guardrail installation may occur. 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 not occur from April 1 — October 15, effective with the federal listing of the
tricolored bat (Perimyotis subflavus).
2. Tree clearing will be minimized to the maximum extent possible and limits will be clearly
marked in the plans for the contractor.
3. Guardrail and pile installation (if required) will take place only after all trees have been felled.
4. Temporary lighting associated with nightwork will be downcast and only used in areas where
forested bat habitat has been removed.
5. No additional permanent lighting will be added to the roadway.
6. No blasting will occur.

Federally Listed Species
The information provided indicates that "No Effect" (NE) determinations have been made for Michaux's
sumac (Rhus michauxii), Schweinitz's sunflower (Helianthus schweinitzii), and smooth coneflower
(Echinacea laevigata). 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 conference for tricolored bat. Based on the
information provided, suitable forested habitat for tricolored bat occurs within the action area. There is
element occurrence data for the tricolored bat approximately 6 miles away. The proposed conservation
measures minimize effects to bats potentially occurring within the action area. Given the information
available and conservation measures above, we do not believe any response to project actions by bats that
may occur within the area is expected to rise to the level of harm (as defined at 50 CFR 17.3). On
September 14, 2022, the U.S. Fish and Wildlife Service (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:
• 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 summer occupancy season (April 1 — September 30).
Alternatively, activity could avoid the pup season (May 15 - 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 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.
2

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 924-260.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor