20191337 Ver 1_I-5507 & R-0211EC Mecklenburg 4(d) NLEB memo 2019_20191004

Roy COOPER
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
July 29, 2019
TO: Erin Cheely, Environmental Program Consultant
ECAP, Environmental Analysis Unit
FROM: Chris Manley, Environmental Program Consultant
Biological Surveys Group, EAU
JAMES H. TRomom III
SECRETARY
SUBJECT: Section 7 survey results for the northern long-eared bat (Myotis
septentrionalis) associated with the improvement of I-485 (Charlotte Outer
Loop) from I-77 to US 74 (Independence Boulevard) in Mecklenburg County,
TIP No. I-5507; and the new interchange on I-485 and Weddington Road
(SR 3468) in Mecklenburg County, TIP No. R-0211EC
The North Carolina Department of Transportation (NCDOT, Division 10) proposes to
improve I-485 (Charlotte Outer Loop) from I-77 to US 74 (Independence Boulevard), plus a
new interchange on I-485 at Weddington Road (SR 3468), in Mecklenburg County, TIP No.
I-5507 and R-0211EC. The study area for I-5507 covered the project limits for R-0211EC.
In cooperation with FHWA, NCDOT proposes improvements to approximately 17 miles of
I-485 by adding one Express Lane in each direction in the existing median, plus adding a
new interchange at the intersection of I-485 and Weddington Road. This project serves as
part of a larger network of Express Lanes in coordination with other projects in the
Charlotte area.
Northern long-eared bat
The project to improve I-485 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 July 29, 2019, NLEB is listed
by USFWS (http://www.fws.gov/raleigh/species/cntylist/nc counties.html) as
"probable/potential" in Mecklenburg 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
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS UNIT
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX.- 919-212-5785
WEBSITEWCDOT.GOV
Location:
CENTURY CENTER, BUILDING B
1020 BIRCH RIDGE DRIVE
RALEIGH NC 27610

prohibited if it 1) occurs within a 1/a 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 April 2019, the nearest NLEB hibernacula record is 76 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
(httl2://www.fws.gov/asheville/htmis[12roject 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 Chris Manley at 919-707-6135.