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MOU23L161331 Vulcan NC Quarries - Bat Coordination Memo 12012023
("KL E/NFEL DER Bright People.Right Solutions. MEMORANDUM TO: Tony Johnson Jr.,Vulcan Materials Company FROM: Lisa Daugherty, Kleinfelder DATE December 1, 2023 SUBJECT: Seasonal Tree Clearing—Vulcan Materials Company North Carolina Quarries Kleinfelder, Inc. (Kleinfelder)contacted the United States Fish and Wildlife Service(USFWS)Ashville North Carolina Field office in July 2023 to request information on the any existing grey bat hibernacula in the vicinity of the Vulcan Quarries in North Carolina. The USFWS responded on July 31, 2023 and indicated there are no known gray bat hibernacula in North Carolina; however, they do have active season roosts. Additionally, the USFWS requested that a formal request for coordination including PDF maps of the Vulcan Quarries in North Carolina be submitted for review by the department. On August 1, 2023, Kleinfelder, Inc. (Kleinfelder) submitted a request for informal consultation to the United States Fish and Wildlife Service (USFWS) Ashville North Carolina Field office to obtain information on any known bat hibernacula or maternity roosting sites on-site or within proximity to nine (9) of the 19 Vulcan Materials Company quarries located in North Carolina.The request was limited to only the quarries that overlap with the range of the gray bat, Indiana bat or Northern Long-Eared Bat. The 9 quarries included in this request were: 115 Quarry, Boone Quarry, Elkin Quarry, Enka Quarry, Hendersonville Quarry, Lenoir Quarry, Morgantown Quarry, Penrose Quarry and Spruce Quarry. Additionally, this informal consultation request, requested guidance from the USFWS on seasonal tree clearing restrictions in associated with listed bat species. The USFWS provided an initial response via email on August 8, 2023 indicating that the nine (9) quarries are listed within the range of one (1) or more listed bat species (or proposed for listing bat species). Coordination with the USFWS continued throughout August 2023. On August 25, 2023 Rebekah Reid of the USFWS Ashville Ecological Services Field Office provided an excel table for the nine (9) quarries that were included in the consult request. The information in the excel table included IPaC species, element occurrences within 2 miles of each quarry, bat buffers for the Indiana Bat, Northern Long-eared Bat and the Tricolored bat, if applicable,as well if the quarry is located within the inner of outer tier of the seasonal bat range/buffer, if applicable, as well as any available consult notes. Based on review of the information from the USFWS only the following quarries have element occurrences within 2 miles, or are located within buffers for listed bat species: • Boone Quarry • Hendersonville 24001773.001A I MOU231-161331 Page 1 of 2 December 1, 2023 ©2023 Kleinfelder www.kleinfelder.com KLEINFELDER 2882 Prospect Park Dr.,Suite 200,Rancho Cordova,CA 95670 p 1 916.366-1701 f 1 916.366-7013 ("KL E/NFEL DER Bright People.Right Solutions. Based on the information provided by the USFWS and follow up coordination, Kleinfelder prepared a Tree Clearing Summary Table (attached). The generally accepted winter tree clearing period of November 15 to March 31 based on the understanding that cave obligate bats will be using hibernacula in the winter, and thus will not be roosting within trees during this seasonal time period. For example, guidance associated with the Indiana Bat is used to support this clearing timeframe.Two sources that reference the seasonal clearing timeframe are the "Range-wide Indiana Bat Protection and Enhancement Plan (PEP) Guidelines for Surface Coal-Mining Operations" (July 2009, revised February 2013, Protection and Enhancement Plan Guidelines: (fws.gov)) and the Indiana Bat Template for Cole Mine Projects (July 22, 2022, Indiana Bat PEP Template for Coal Mining Projects 07222022 1 FWS.gov). Additionally, the Ashville North Carolina Field office concurred with the ability to seasonally clear trees between November 15 and March 31. 24001773.001A I MOU231-161331 Page 2 of 2 December 1, 2023 ©2023 Kleinfelder www.kleinfelder.com KLEINFELDER 2882 Prospect Park Dr.,Suite 200,Rancho Cordova,CA 95670 p 1 916.366-1701 f 1 916.366-7013 KL E/NFEL DER Bright People.Right Solutions. VMC-NC Bat Tree Clearing Activity Windows by Month VMC-NC Quarry Listed Species Present January February March April May June July August September October November December Boone* MYSE,COTO, MYGR, PESO Jan Feb Mar Apr May Jun Jul Sept 14-Nov Dec 15-Nov Cabarrus* PESU Jan Feb Mar Apr May Jun Jul Aug Sept Nov Dec Clear Creek* PESU Jan Feb Mar Apr May Jun Jul Aug Sept Nov Dec East Forsyth* PESU Jan Feb Mar Apr May Jun Jul Aug Sept Oc v Dec Elkin* MYGR, PESU Jan Feb Mar May Jun Jul Aug Sept 14 N Dec 15-Nov Enka* MYSE, MYGR, PESU Jan Feb Mar Apr May Jun Jul Aug Sept 14-Nov Dec 15-Nov Gold Hill* PESU Jan Feb Mar Apr May Jun Jul Aug Sept Nov Dec Greystone* PESU Jan Feb Mar Apr May Jun Jul Aug Sept Nov Dec Hendersonville* MYSE, MYGR, PESU Jan Feb Mar Apr May Jun Jul Aug Sept 14-Nov Dec 15-Nov Lenoir* MYSE,COTO, MYGR, PESU Jan Feb Mar May Jun Jul Aug Sept Oct 14-Nov Dec 15-Nov Morganton* MYSE, MYGR, PESU Jan Feb Mar May Jun Jul Aug SePL r, 14-Nov Dec 15-Nov North* PESU Jan Feb Mar Apr May Jun Jul Aug Sept Nov Dec Penrose* MYSE, MYGR, PESU Jan Feb Mar Apr May Jun Jul Aug SPn` Oct 14-Nov Dec 15-Nov Pineville* PESU Jan Feb Mar Apr May Jun Jul Aug Sept ULI Nov Dec Rockingham* PESU Jan Feb Mar Apr May Jun Jul Aug Sept - Nov Dec Smith Grove* PESU Jan Feb Mar Apr May Jun Jul Aug Sept Nov Dec Spruce* MYSE, MYGR, PESU Jan Feb Mar Apr May Jun Jul Aug Sept 14-Nov Dec 15-Nov Stokesdale* PESU Jan Feb Mar Apr May Jun Jul Aug Sept Nov Dec 115 Quarry* MYSE, MYGR, PESU Jan Feb Mar Apr May Jun Jul 4-Nov Dec 15-Nov Listed Species: Northern Long-Eared Bat (MYSE), Virginia Big-Eared Bat (COTO), Gray Bat (MYGR), Tricolored Bat (PESU)* * Denotes the Tricolored bat is present; Species is currently Proposed Endangered; Upon completion of the USFWS species status review, the requirements for these quarries may need to be revisited following USFWS listing status Tree clearing activities permitted without any further coordination with USFWS or consequences Tree clearing activities could potentially be conducted, however further coordination with USFWS will be required; Additional surveys may also be required following coordination Tree clearing activities are NOT permitted during the pup season; If VMC wishes to proceed with conducting tree clearing activities during this time frame, further coordination with USFWS will be required; An additional survey WILL be warranted, and USFWS approval of the findings WILL be needed PRIOR to commencement of the activties Contact Information: Kristen Bell Kleinfelder Senior Ecologist (904) 881-2668 Kbell@kleinfelder.com Sue Cameron Gary Jordan USFWS Fish and Wildlife Biologist Fish and Wildlife Biologist (828) 450-7469 (919) 856-4520 ext. 32 Asheville Ecological Services Field Office Eastern North Carolina Ecological Services Field Office