20190909 Ver 1_18-349_SidewalkAddition_JacksonCoNC_EB-5923_20190708

U.S.
FISH & W IIMLIFE
SERVICE
United States Department of the Interior
FISH AND WILDLIFE SERVICE K
Asheville Field Office''°<� T�E.
160 Zillicoa Street Suite #B
Asheville, North Carolina 28801
July 18tn, 2018
Dave McHenry
NC Department of Transportation
Division 14
253 Webster Road
Sylva, NC 28779
Subject: 18-349, Sidewalk Addition Along SR 1432 from US 23 Business to SR 1429,
Jackson Co., NC EB-5923
Dear Mr. McHenry,
On July 171n, 2018, we received your email requesting section 7 concurrence on effects the
subject highway adjustments may have on the federally threatened Indiana Bat (Myotis sodalist).
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 151n to April 151n,
avoiding impacts to potentially roosting bats. Accordingly, we concur with your determination
that the proposed sidewalk addition 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 1/5/16, 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 I/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 18-349.

Sincerely,
Oanet Mizzi
Field Supervisor