20191399 Ver 1_NLEB_memo_20191008

Transportation
TO
CC:
FROM:
PAT McCRORY
Governor
NICHOLAS J. TENNYSON
Secretary
November 10, 2016
Bill Barrett, Environmental Senior Specialist
Environmental Coordination & Permitting Group Western, NES - PDEA
Wilson Stroud, Project Development Engineer
Project Development Group - Western Region, PDEA
Chris Manley, Environmental Program Consultant
Biological Surveys Group, NES - PDEA
SUBJECT: Streamline Section 7 Consultation for the Northern Long -Eared Bat associated
with the replacement of Bridge No. 291 on SR 1348 over Middle Little
River in Alexander County, TIP No. B-4980.
The North Carolina Department of Transportation (NCDOT, Division 9) proposes to replace
Bridge No. 291 over Middle Little River on SR 1348 in Alexander County, TIP No. B-4980.
The existing bridge has a reinforced concrete deck with concrete guardrails. The overall
length of the structure is 60 feet. The replacement structure will be a single cored concrete
slab design. The bridge will be replaced in place with an offsite detour.
The project to replace Bridge No. 291 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 November 7,
2016, NLEB is listed by USFWS
(httl2://www.fws.gov/raleigh/species/cntylist/nc counties.html) as `Probable/Potential"
in Alexander 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'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).
Nothing Compares_
State of North Carolina I Department of Transportation I PDEA-Natural Environment Section
1020 Birch Ridge Drive, 27610 11598 Mail Service Center I Raleigh, North Carolina 27699-1598
919-707-6000 T 919-212-5785 F

According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most
recently updated October 2016, the nearest NLEB hibernacula record is 30 miles
northwest of the project (EO ID 32171) and no known NLEB roost trees occur within
150 feet of the project area. EO 32171 represents Black Rock Cliffs Cave near Grandfather
Mountain with multiple observations from 1986 to 2011.
NCDOT has also reviewed the USFWS Asheville Field office website
(http://www.fws.gov/asheville/htmis/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 Chris Manley at 919-707-6135.