20220552 Ver 1_BR-0109 2019-09-12 NLEB 4(d) Memo_20220407

From:Ellwanger, Claire
To:Barrett, William A
Subject:Re: [EXTERNAL] BR-0109_Yadkin_4(d) bat memo distribution
Date:Thursday, January 9, 2020 7:39:35 AM
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Thanks Bill!
On Wed, Jan 8, 2020 at 3:53 PM Barrett, William A <[e-mail]> wrote:
Hi again Claire,

I’ve got another bat memo for another project.

Attached is the 4(d) bat memo for BR-0109, in Yadkin County. Per the attached Memo,
NCDOT has satisfied the 4(d) requirements for this project.

Thanks!

Bill

William A. Barrett
Environmental Senior Specialist
Environmental Analysis Unit
Environmental Coordination & Permitting
North Carolina Department of Transportation

919 707 6103 office
[e-mail]

1598 Mail Service Center

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS UNIT
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX: [phone]

WEBSITE:NCDOT.GOV
Location:
CENTURY CENTER, BUILDING A
1020 BIRCH RIDGE DRIVE
RALEIGH NC 27610

September 12, 2019

TO: Michael Turchy, ECAP Western regional Team Lead
Environmental Coordination & Permitting Group, EAU

FROM: Melissa Miller, Environmental Program Consultant
Biological Surveys Group, EAU

SUBJECT: Section 7 survey results for the northern long‐eared bat (Myotis
septentrionalis) associated with the replacement of Bridge No. 80 over Creek
on SR 1512 in Yadkin County, TIP No. BR‐0109.

The North Carolina Department of Transportation (NCDOT, Division 11) proposes to
replace Bridge No. 80 over Creek on SR 1512 in Yadkin County, TIP No. BR‐0109. The
existing bridge is a single span structure with timber deck, steel I‐beams, timber end walls
and guard rails. The overall length of the structure is 26 feet.

Northern long‐eared bat
The project to replace Bridge No. 80 has been reviewed for effects on the northern long‐
eared bat (NLEB). As of May 4, 2015, NLEB is listed by the U.S. Fish and Wildlife Service
(USFWS) as “Threatened” under the Endangered Species Act of 1973. As of September 12 ,
2019, NLEB is listed by USFWS
(http://www.fws.gov/raleigh/species/cntylist/nc_counties.html) as “probable/potential”
in Yadkin County. USFWS also established a final rule under the authority of section 4(d) of
the Endangered Species Act that provides measures for the conservation of NLEB. The
USFWS has tailored the final 4(d) rule to prohibit the take of NLEB from certain activities
within areas where they are in decline. This incidental take protection applies only to
known NLEB occupied maternity roost trees and known NLEB hibernacula. Effective
February 16, 2016, incidental take resulting from tree removal is prohibited if it 1) occurs
within a ¼ mile radius of known NLEB hibernacula; or 2) cuts or destroys known occupied
maternity roost trees or any other trees within a 150‐foot radius from the known maternity
tree during the pup season (June 1‐July 31).

According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most
recently updated July 2019, the nearest NLEB hibernacula record is 63 miles west of the
project and no known NLEB roost trees occur within 150 feet of the project area.

NCDOT has also reviewed the USFWS Asheville Field office website
(http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html) for consistency
with NHP records. This project is located entirely outside of the red highlighted areas (12‐
digit HUC) that the USFWS Asheville Field Office has determined to be representative of an
area that may require consultation.

For the proposed action, NCDOT has committed to the conservation measures listed below:

1) No alterations of a known hibernacula entrance or interior environment if it impairs
an essential behavioral pattern, including sheltering northern long‐eared bats
(January 1 through December 31);
2) No tree removal within a 0.25 mile radius of a known hibernacula (January 1
through December 31); and
3) No cutting or destroying a known, occupied maternity roost tree, or any other trees
within a 150‐foot radius from the known, occupied maternity tree during the period
from June 1 through and including July 31.

NCDOT has determined that the proposed action does not require separate
consultation on the grounds that the proposed action is consistent with the final
Section 4(d) rule, codified at 50 C.F.R. § 17.40(o) and effective February 16, 2016. NCDOT
may presume its determination is informed by best available information and consider
Section 7 responsibilities fulfilled for NLEB.

If you need any additional information, please contact Melissa Miller at 919‐707‐6127.