NEPA_Report_-_Categorical_Exclusion_Form.pdf

September 13, 2013

Ms. Lisa T. Landers

Environmental Protection Specialist

Eastern Federal Lands Highway Division

Federal Highway Administration

21400 Ridgetop Circle

Sterling, VA 20166

Dear Ms. Landers:

Subject: Repair of Landslide Damage to U.S. 441 at Milepost 16.5, Great Smoky Mountains

National Park, Swain County, North Carolina

In your email of September 12, 2013, you requested our comments on the subject project. The following comments are provided in accordance with the provisions of the National Environmental

Policy Act (42 U.S.C.§ 4321 et seq.) and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).

Your letter indicates that habitat for the endangered Carolina northern flying squirrel and Indiana bat occurs adjacent to the proposed slide repairs. To prevent potential impacts to these species, the construction plans will include prohibition from affecting these areas. Based on the above mitigation measure, we concur with your assessment that the project, as proposed, will not affect the

Indiana bat or Carolina northern flying squirrel. Therefore, the requirements under section 7(c) of the Endangered Species Act are fulfilled. However, obligations under section 7 of the Endangered

Species 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.

Thank you for allowing us to comment on this project. Please contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-13-388.

cc:

Mr. David McHenry, Mountain Region Reviewer, North Carolina Wildlife Resources Commission, 20830 Great Smoky Mtn. Expressway, Waynesville, NC 28786