20190888 Ver 1_Turtle Pond Creek - Culvert Replacement - USFWS Concurrence Letter (Final)_20190703

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FIs n ELSERVI
A United States Department of the Interior
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9 ' FISH AND WILDLIFE SERVICE
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160 Zillicoa Street Suite #B
Asheville, North Carolina 28801
June 14, 2019
Patrick J. Breedlove
NC Department of Transportation
Division 14
253 Webster Road
Sylva, NC 28779
Subject: 19-278, Section 7 Concurrence for Macon County Pipe Replacement on NC 106,
Turtle Pond Creek
Dear Mr. Breedlove,
On May 17, 2019, we received your email requesting section 7 concurrence on effects the
subject project 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 the project during October 15th to April 15th,
avoiding impacts to potentially roosting bats. Accordingly, we concur with your determination
that the proposed project may affect, but is 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, this activity is now
excepted from take prohibitions for Northern long-eared bat, based on the project location.
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.
If you have questions about these comments please contact Ms. Claire Ellwanger of our staff at
828/258-3939, Ext. 235. In any future correspondence concerning these projects, please
reference our Log Number 19-278.

Sincerely,
- Original signed -
Janet Mizzi
Field Supervisor