20210345 Ver 1_B-4626_NLEB_20210319

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

April 11, 2017

TO: Jason Dilday, Environmental Senior Specialist
Environmental Coordination & Permitting Group – Eastern Region, NES -
PDEA

CC: John Williams, Project 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 No. 3 over the Yadkin River and the Winston
Salem SB Railroad on NC 49 in Rowan County, TIP No. B-4626.

The North Carolina Department of Transportation (NCDOT, Division 9) proposes to replace
Bridge No. 3 over the Yadkin River and the Winston Salem SB Railroad NC 49 in Rowan
County, TIP No. B-4626. The existing bridge is a 13 span, reinforced concrete deck
superstructure with I-beams, steel girders, reinforced concrete caps, piles, abutments, and
concrete guardrails. The overall length of the structure is 1094 feet. Construction plans for
the new structure have not been finalized as of this writing.

The project to replace Bridge No. 3 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 April 11, 2017,
NLEB is listed by USFWS (http://www.fws.gov/raleigh/species/cntylist/nc_counties.html)
as “Probable/Potential” in Rowan 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 99 miles
northwest of the project (EO ID 32171) and no known NLEB roost trees occur within
150 feet of the project area. EO 32171 represents Black Rock Cliffs cave site with
multiple observations from 1986 to 2011.

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 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 Chris Manley at 919-707-6135.