20190210 Ver 1_16-307 TIP A-0011A Clay COunty Concurrence_20190214

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street Suite #B
Asheville, North Carolina 28801
March 28, 2018
Mr. Dave McHenry
Division 14 Environmental Offcer
North Carolina Department of Transportation
253 Webster Road
Sylva, NC 28779
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Subject: Endangered Species Concurrence for the Proposed Improvements to NC 69 in Clay
County, North Carolina, TIP No. A-OO11C.
Dear Mr. McHenry:
We have reviewed your concurrence request and supporting documentation regarding potential
impacts to the federally endangered Indiana bat (Myotis sodalis) from implementation of the subject
project. We provide the following comments in accordance with the provisions of section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531- 1543) (Act).
The North Carolina Department of Transportation (NCDOT) proposes to widen NC 69 from the
Georgia State line to Hayesville, NC. The proposed project is 3.5 miles long and will involve
widening the existing roadway, replacing or extending culverts and some limited tree clearing.
There is one culvert large enough to provide roost habitat for bats. This culvert was inspected and
no evidence of bat usage was found. In addition, NCDOT has agreed to clear trees only from
October 15th to April 15th of any year to avoid disturbance to Indiana bats.
Given the information provided and the commitment to winter tree clearing, we agree that this
project is "not likely to adversely affect" Indiana bat. Therefore, the requirements under section
7(c) of the Act are fulfilled. However, obligations under section 7 of the Act 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. Marella Buncick of our staff at
828/258-3939, Ext. 237. In any future correspondence concerning these projects, please reference our
Log Number 16-307.
Sincerely,
- - original signed —
Janet Mizzi
Field Supervisor