20201372 Ver 1_Bat 2_20210203

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY

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 B
1020 BIRCH RIDGE DRIVE
RALEIGH NC 27610

May 1, 2017

TO: Carla Dagnino, ECAP Western Regional Manager
Environmental Coordination & Permitting Group Western, NES - PDEA

CC: Pam Williams, Project Development Engineer
Project Development Group - Western Region, PDEA

FROM: Chris Manley, Environmental Program Consultant
Biological Surveys Group, NES - PDEA

SUBJECT: Streamline Section 7 Consultation for the Northern Long-Eared Bat associated
with the replacement of Bridge 72 over Buffalo Creek on SR 2226 in
Cleveland County, TIP No. B-5848.

The North Carolina Department of Transportation (NCDOT, Division 12) proposes to
replace Bridge No. 72 over Buffalo Creek on SR 2226 in Cleveland County, TIP No. B-5848.
The existing bridge is a six span structure with a concrete deck on I-beams superstructure,
and RC cap and PPC pile bents. The guardrail is also constructed of concrete. The overall
length of the structure is 300 feet.

The project to replace Bridge No. 72 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 May 1, 2017,
NLEB is listed by USFWS (http://www.fws.gov/raleigh/species/cntylist/nc_counties.html)
as “probable/potential” in Cleveland 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 ¼ 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 January 2017, the nearest NLEB hibernacula record is 43 miles west
(EO ID 32166) and no known NLEB roost trees occur within 150 feet of the project
area. EO 32166 represents Breakdown Cave sites with multiple observations from 2001 to
2010. NCDOT has also reviewed the USFWS Asheville Field office website
(http://www.fws.gov/asheville/htmls/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 hibernaculum’s 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 Chris Manley at 919-707-6135.