HomeMy WebLinkAbout20191748 Ver 2_MA Consistency Letter_20200331United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
http://www.fws.gov/nc-es/es/couMfr.html
IPaC Record Locator: 973-19202699
November 22, 2019
Subject: Consistency letter for the 'Twin Rivers' project indicating that any take of the northern
long-eared bat that may occur as a result of the Action is not prohibited under the ESA
Section 4(d) rule adopted for this species at 50 CFR §17.40(o).
Dear Sarah Duke:
The U.S. Fish and Wildlife Service (Service) received on November 22, 2019 your effects
determination for the 'Twin Rivers' (the Action) using the northern long-eared bat (Myotis
septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You
indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC
key assists users in determining whether a non -Federal action may cause "take"fil of the northern
long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884,
as amended; 16 U.S.C. 1531 et seq.).
Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a
result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at
50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that
your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to
result in unauthorized take of the northern long-eared bat.
Please report to our office any changes to the information about the Action that you entered into
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation.
If your Action proceeds as described and no additional information about the Action's effects on
species protected under the ESA becomes available, no further coordination with the Service is
required with respect to the northern long-eared bat.
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species that also may occur in your Action area:
• Blue Ridge Goldenrod, Solidago spithamaea (Threatened)
• Bog Turtle, Clemmys muhlenbergii (Similarity of Appearance (Threatened))
• Carolina Northern Flying Squirrel, Glaucomys sabrinus coloratus (Endangered)
11/22/2019 IPaC Record Locator: 973-19202699
• Gray Bat, Myotis grisescens (Endangered)
• Heller's Blazingstar, Liatris helleri (Threatened)
• Roan Mountain Bluet, Hedyotis purpurea var. montana (Endangered)
• Spreading Avens, Geum radiatum (Endangered)
• Spruce -fir Moss Spider, Microhexura montivaga (Endangered)
• Virginia Big -eared Bat, Corynorhinus (=Plecotus) townsendii virginianus (Endangered)
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above.
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].
11/22/2019 IPaC Record Locator: 973-19202699 3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Twin Rivers
2. Description
The following description was provided for the project 'Twin Rivers':
The project site is along the Watauga River in the Twin Rivers Community,
Foscoe, NC (36.16533611°,-81.75666667°). The site consists within two parcels
in the Twin Rivers Community and approximately 137 linear feet of stabilization.
The purpose of the project is to stabilize eroding banks of the Watauga River in
the Twin Rivers subdivision.
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/place/36.1650314903581N81.75663600179391W
Sti
Determination Key Result
This non -Federal Action may affect the northern long-eared bat; however, any take of this
species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50
CFR §17.40(o).
Determination Key Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.
11/22/2019 IPaC Record Locator: 973-19202699 4
The purpose of the key for non -Federal actions is to assist determinations as to whether proposed
actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule.
If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed
animal species, we recommend that you coordinate with the Service.
11/22/2019 IPaC Record Locator: 973-19202699 5
Determination Key Result
Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a
result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at
50 CFR § 17.40(o).
Qualification Interview
1. Is the action authorized, funded, or being carried out by a Federal agency?
No
2. Will your activity purposefully Take northern long-eared bats?
No
3. Is the project action area located wholly outside the White -nose Syndrome Zone?
Automatically answered
No
4. Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases — the availability of this data varies state -by -state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases is available at www.fws.gov/midwest/endangered/mammals/nleb/
nhisites.html.
Yes
Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No
6. Will the action involve Tree Removal?
No
11/22/2019 IPaC Record Locator: 973-19202699
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type Win questions 1-3.
1. Estimated total acres of forest conversion:
❑I
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
0
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type Win questions 4-6.
4. Estimated total acres of timber harvest
U
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type Win questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type Win question 10.
11/22/2019 IPaC Record Locator: 973-19202699
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?