20200262 Ver 1_BR-0127 NLEB 4(d) Yadkin_20200219

Roy COOPER
GOVERNOR
TO:
ISM1uy
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES H. TROGDON, III
SECRETARY
March 29, 2019
Heaven Manning
Environmental Coordination & Permitting Group Western, EAU
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. 189 over UT
of South Deep Creek on SR 1325 in Yadkin County, TIP No. 1311-0127.
The North Carolina Department of Transportation (NCDOT, Division 11) proposes to
replace Bridge No. 189 over UT of South Deep Creek on SR 1325 in Yadkin County, TIP No.
BR-0127. 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 31 feet.
Northern long-eared bat
The project to replace Bridge No. 189 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 29, 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 1/4 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).
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
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 January 2019, the nearest NLEB hibernacula record is 56 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.
If you need any additional information, please contact Melissa Miller at 919-707-6127.