20200200 Ver 1_BR-0123 NLEB 4(d) MYGR Surry_20200206

Roy COOPER
GOVERNOR
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
January 16, 2020
TO: Erin Cheely, Environmental Program Consultant
Environmental Coordination & Permitting Group, EAU
FROM: Melissa Miller, Environmental Program Consultant
Biological Surveys Group, EAU
JAMES H. TROGDON, III
SECRETARY
SUBJECT: Section 7 survey results for the northern long-eared bat (Myotis
septentrionalis) and gray bat (Myotis grisescens) associated with the
replacement of Bridge No. 318 over UT of S. Fork Mitchell River on SR 1319
in Surry County, TIP No. BR-0123.
The North Carolina Department of Transportation (NCDOT, Division 11) proposes to
replace Bridge No. 318 over UT of S. Fork of Mitchell River on SR 1319 in Surry County, TIP
No. BR-0123. The existing bridge is a single span structure with steel beams, and timber
deck, concrete end walls and timber guard rails. The overall length of the structure is 26
feet.
Northern long-eared bat
The project to replace Bridge No. 318 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 January 16,
2020, NLEB is listed by USFWS
(http://www.fws.gov/raleigh/species/cntylist/nc counties.html) as "probable/potential"
in Surry 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).
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

According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most
recently updated October 2019, the nearest NLEB hibernacula record is 55 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/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.
Gray Bat
The project to replace Bridge No. 318 has also been reviewed for effects on the gray bat
(MYGR). As of April 28, 1976, the gray bat was listed by the U.S. Fish and Wildlife Service
(USFWS) as "Endangered" under the Endangered Species Act of 1973. According to the
USFWS Surry County webpage (accessed January 16, 2020),
(http//www.fws.gov/raleigh/species/cntylist/nc counties.html), the gray bat is listed by
USFWS as "current" in Surry County.
According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most
recently updated in October 2019, MYGR have not been documented in Surry County. NHP
data indicate that the closest known occurrence of MYGR is approximately 88 miles
west of the project site. In September 2019, a gray bat was found roosting in a bridge in
Surry County 11 miles east of the project (personal correspondence). As of this writing, the
Surry County occurrence is not yet reflected in the NHP Biotics Database.
On November 13, 2019 the gray bat was added as a listed species occurring in Surry County.
This listing occurred after the survey window for bats (May 15-August 15) had closed. On
January 9, 2020, NCDOT biologists assessed the bridge project footprint for potential MYGR
habitat. No evidence of bats (bats, staining or guano) was observed on this small, timber
deck and steel beam bridge. No shallow vertical top sealed crevices or deep vertical
unsealed crevices suitable for roosting were present on the structure. No caves or mines
are located within the project footprint or within line of sight of the bridge. Therefore, no
suitable roosting habitat for MYGR is present. Based on the lack of evidence of bats during
the bridge inspection, the type of bridge (timber and steel) and lack of caves or mines in the
project vicinity, the proposed project will have a biological conclusion of No Effect for gray
bats.
If you need any additional information, please contact Melissa Miller at 919-707-6127.