20190552 Ver 1_19-180 through 19-193_Div14_SlideRepairs_concurrence_20190428

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P�MgNT Op Ty�Z FISti RV M OM
United States Department of the Interior
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-. A� ' FISH AND WILDLIFE SERVICE
9RCH 3 1g Asheville Field Office
160 Zillicoa Street Suite #B
Asheville, North Carolina 28801
April 22, 2019
Dave McHenry
NC Department of Transportation
Division 14
253 Webster Road
Sylva, NC 28779
Subject: 19-180 through 19-193, Section 7 Concurrence for Emergency Slide Repairs,
Cherokee, Graham, Haywood, Henderson, Jackson, Macon, and Swain Counties.
Dear Mr. McHenry,
On March 24, 2019, we received your email requesting section 7 concurrence on effects the
subject projects 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 these projects during October 151h to April
151h, avoiding impacts to potentially roosting bats. Accordingly, we concur with your
determination that the proposed projects may affect, but are not likely to adversely affect, the
Indiana bat.
As outlined in the Biological Opinion completed on the 4(d) rule for the federally threatened
Northern long-eared bat (Myotis septentrionalis) on January 5, 2016, these activities are now
excepted from take prohibitions for Northern long-eared bat, based on the project locations.
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.
The attached table summarizes our comments for the proposed projects. Included in the table is
the USFWS file number that will aid us in referencing the appropriate file in the future. Please

include this number in any future correspondence. If you have questions, please contact
Ms. Claire Ellwanger of our staff at 828/258-3939, Ext. 235.
Sincerely,
Gary Peeples
Deputy Field Supervisor

Red HUC
USFWS
County
WBS
Site Description / Route
Tree clearing
or w/in
Coordinates
Repair
Project
1/4 mile
No.
slide removal
Cherokee
15614.1020010
US 74WB at National Guard Armory
yes (approx.25)
no
35.123403,-83.996457
from road
19-180
Graham
115614.1038010
NC 28 near Stecoah
yes (approx.25)
no
35.394676,-83.642342
slide
19-181
slide removal
Graham
DF15614.2038010
SR 1268, Shell Stand Road
yes (approx.25)
no
35.374663,-83.633737
from road
19-182
slide removal
Haywood
15614.1044010
1-40 Slide at mm 7.2
yes (approx. 50)
no
35.730737,-82.022860
from road
19-183
roadway
Haywood
15614.1044011
US 74 at Sylvan Street
yes (approx. 25)
no
35.494878,-83.002086
subgrade/shoul
19-184
slide removal
Henderson
DF15614.2045010
SR 1802, Big Hungry Road
yes_
no
35.425868,-83.107463
upslope
19-194
slide removal
Jackson
15614.1050010
US-74 Slide near mm 91 - Balsam
yes (approx. 25)
yes
35.416396,-83.112605
from road
19-185
slide removal
Jackson
US-74 Slide near mm 91- Balsam site 2
yes (approx. 25)
yes
35.425868,-83.107463
from road
19-186
slide removal
Jackson
15614.1050011
US-74 Slide at Retaining Wall - Mills Branch Rd
yes (approx. 50)
yes
35.394693,-83.207879
from road
19-187
slide removal
Jackson
15614.1050016
US-74W Slide near Swinging Bridge
yes (approx. 10)
no
35.405022,-83.293030
from road
19-188
slide removal
Jackson
DF15614.2050013
SR 1157, Cullowhee Mountain Road
yes (approx. 10)
no
35.24528;-83.18597
from road
19-189
slide removal
Macon
DF15614.2056010
SR 1404, Long Branch Road
yes (approx. 10)
no
35.238254;-83.618649
from road
19-190
roadway
Swain
15614.1087010
US 74 at Walker Mtn
Yes (approx. 100)
no
35.425823,-83.411078
subgrade/shoul
19-191
shoulder
Swain
DF15614.2087010
SR 1364, Fontana Road
yes (approx. 25)
yes
35.447312;-83.471779
rebuild
19-192
Swain IDF15614.2087011
SR 1151, Jenkins Branch Road
yes (approx. 25)
yes
35.434382,-83.623904
slide removal
19-193