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HomeMy WebLinkAbout20140090 Ver 7_NLEB sec 7 4d template U2579B_20200129 Wanucha, Dave From:Euliss, Amy Sent:Thursday, January 23, 2020 12:19 PM To:Braspennickx, Nicholle M CIV USARMY CESAW (US); Dagnino, Carla S; Wanucha, Dave Cc:Barrett, William A Subject:RE: \[External\] RE: U-2579B Permit Modification Application, Forsyth County Attachments:NLEB sec 7 4d template U2579B.pdf USFWS lists the Northern long-eared bat and the small-anthered bittercress for Forsyth County. The call is MANLAA for the NLEB. See attached NLEB memo. The bittercress is only found in the Roanoke River Basin, and the project is in the Yadkin River Basin. Thus the call for the bittercress is no effect. Let me know if you need anything else. -----Original Message----- From: Braspennickx, Nicholle M CIV USARMY CESAW (US) <Nicholle.M.Braspennickx@usace.army.mil> Sent: Thursday, January 23, 2020 10:02 AM To: Euliss, Amy <aeuliss@ncdot.gov>; Dagnino, Carla S <cdagnino@ncdot.gov>; Wanucha, Dave <dave.wanucha@ncdenr.gov> Cc: Barrett, William A <wabarrett@ncdot.gov> Subject: RE: \[External\] RE: U-2579B Permit Modification Application, Forsyth County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Ok - For ESA I'm to explain -- I tried looking up the information in my recent modification... I'll keep trying.. What was listed ? What were the calls? Are those calls still valid? And then has anything else been listed since? If so, what are the calls on those species... I realize FHWA is the lead on this - but the memorandum wants the details.. Thank you ! Nicholle B. -----Original Message----- From: Braspennickx, Nicholle M CIV USARMY CESAW (US) Sent: Wednesday, January 22, 2020 3:11 PM To: Euliss, Amy <aeuliss@ncdot.gov>; Dagnino, Carla S <cdagnino@ncdot.gov>; Wanucha, Dave <dave.wanucha@ncdenr.gov> Cc: Barrett, William A <wabarrett@ncdot.gov> Subject: RE: \[External\] RE: U-2579B Permit Modification Application, Forsyth County 1 And then are there any changes to ESA... I usually ask for this.. and I probably did (I hope so) for the October 17, 2019 modification - I'm going to assume the ESA is current.. and I apologize if I already asked.. I did scan emails for U 2579B... and didn't see the question up front. Thank you ! Sincerely, Nicholle B. And I got a response from SHPO so I have that. -----Original Message----- From: Braspennickx, Nicholle M CIV USARMY CESAW (US) Sent: Wednesday, January 22, 2020 3:08 PM To: Euliss, Amy <aeuliss@ncdot.gov>; Dagnino, Carla S <cdagnino@ncdot.gov>; Wanucha, Dave <dave.wanucha@ncdenr.gov> Cc: Barrett, William A <wabarrett@ncdot.gov> Subject: RE: \[External\] RE: U-2579B Permit Modification Application, Forsyth County Thank you Amy - the next question is "Is the work in compliance" and I am saying YES... so if this is not the case - let me know.. otherwise - I'm going w/ that... Sincerely, Nicholle B. -----Original Message----- From: Euliss, Amy \[mailto:aeuliss@ncdot.gov\] Sent: Wednesday, January 22, 2020 3:05 PM To: Braspennickx, Nicholle M CIV USARMY CESAW (US) <Nicholle.M.Braspennickx@usace.army.mil>; Dagnino, Carla S <cdagnino@ncdot.gov>; Wanucha, Dave <dave.wanucha@ncdenr.gov> Cc: Barrett, William A <wabarrett@ncdot.gov> Subject: \[Non-DoD Source\] RE: \[External\] RE: U-2579B Permit Modification Application, Forsyth County Yes, it is under construction. -----Original Message----- From: Braspennickx, Nicholle M CIV USARMY CESAW (US) <Nicholle.M.Braspennickx@usace.army.mil> Sent: Wednesday, January 22, 2020 3:04 PM To: Dagnino, Carla S <cdagnino@ncdot.gov>; Euliss, Amy <aeuliss@ncdot.gov>; Wanucha, Dave <dave.wanucha@ncdenr.gov> Cc: Barrett, William A <wabarrett@ncdot.gov> Subject: \[External\] RE: U-2579B Permit Modification Application, Forsyth County 2 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> I'm filling out a memorandum for this mod... it is asking me if U-2579B is under construction? I may know - but instead of rifling through my green book for compliance - I thought I would just ask - has work started on U-2579B... I am not sure.. Thank you ! Sincerely, Nicholle B. -----Original Message----- From: Dagnino, Carla S \[mailto:cdagnino@ncdot.gov\] Sent: Monday, October 21, 2019 8:46 AM To: Braspennickx, Nicholle M CIV USARMY CESAW (US) <Nicholle.M.Braspennickx@usace.army.mil>; Chapman, Amy <amy.chapman@ncdenr.gov> Cc: Wanucha, Dave <dave.wanucha@ncdenr.gov>; Archer Sr, Wright <warcher@ncdot.gov>; Euliss, Amy <aeuliss@ncdot.gov>; Earley, Jessica S <jsearley@ncdot.gov>; Abernathy, Brett <jbabernathy@ncdot.gov>; Moore, Byron G <bgmoore@ncdot.gov>; Turchy, Michael A <maturchy@ncdot.gov>; Robinson, Dan <dan.robinson@kimley-horn.com>; Puckett, Lester L <lpuckett@ncdot.gov>; Chambers, Marla J <marla.chambers@ncwildlife.org>; Ellwanger, Claire <claire_ellwanger@fws.gov>; Kiser, Marcus K <mkkiser@ncdot.gov>; Matthews, Monte K CIV USARMY CESAW (USA) <Monte.K.Matthews@usace.army.mil>; Stark, David A <dstark@ncdot.gov>; Barrett, William A <wabarrett@ncdot.gov> Subject: \[Non-DoD Source\] U-2579B Permit Modification Application, Forsyth County The Permit Application for the Modification of the U-2579B Section of the W-S Beltway has been prepared. The file can be downloaded here: BlockedBlockedhttps://xfer.services.ncdot.gov/pdea/PermApps <BlockedBlockedhttps://xfer.services.ncdot.gov/pdea/PermApps> Named U-2579B Smith Cr Modification October 21 2019 The file is also attached for your review. Please let me know if you have any questions regarding this application. 3 Thank you! Carla Dagnino Environmental Coordination and Permitting Group Leader Environmental Analysis Unit NC Department of Transportation 919 707 6110 office cdagnino@ncdot.gov <mailto:cdagnino@ncdot.gov> 1598 Mail Service Center Raleigh, NC 27699 -1598 1020 Birch Ridge Drive Raleigh, NC 27610 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ________________________________ 4 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. ________________________________ Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. 5 d SYATE6 � yia PAT MCCRORY GOVERNOR TO We FROM STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION NICHOLASJ.TENNYSON SECRETARY March 16, 2016 Bill Barrett, Environmental Senior Specialist Environmental Coordination & Permitting Group Western, NES - PDEA Ahmad Al-Sharawneh, Project Development Engineer Project Development Group - Western Region, PDEA Cheryl Gregory, Environmental Program Consultant Biological Surveys Group, NES - PDEA SUBJECT: Streamline Section 7 Consultation for the Northern Long -Eared Bat associated with the Winston-Salem Northern Beltway (Eastern Section, Future I-74; From US 158 to 1-40 BUS/US 421) (STIP #U-2579B) in Forsyth County. The project 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 March 16, 2016, NLEB is listed by USFWS as "probable/potential" in Iredell County (http://www.fws.gov/raleigh/species/cnt, li�_counties.html). 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'/4 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 October 2015, the nearest NLEB hibernacula record is 95 miles away (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. For the proposed action, NCDOT has committed to the conservation measures listed below: 1) No alterations of a known hibernaculum's entrance or interior environment if it impairs an essential behavioral pattern, including sheltering northern long-eared bats (January I 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. MAILING ADDRESS: TELEPHONE: 919-707-6000 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-250-4224 CENTURY CENTER, BUILDING A PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS WEBSITE. 1000 BIRCH RIDGE DRIVE 1548 MAIL SERVICE CENTER HTTPS://CONNECT. NCDOT. GWRESOURCES/ENVIRON RALEIGH NC 27610 RALEIGH NC 27699-1548 MENTAL/PAGES/DEFA ULT.ASPX 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. Service concurrence with this determination is not required. If the service does not respond within 30 days of notice, 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 Cheryl Gregory at 919-707-6142.