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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)?