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Home My WebLink About20211041 Ver 1_B-4016 Ashe County updated bat memo_20210804 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION ENVIRONMENTAL ANALYSIS UNIT 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 Telephone: (919) 707-6000 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 1000 BIRCH RIDGE DRIVE RALEIGH NC 27610 February 15, 2021 TO: Kevin Hining, Environmental Officer Highway Division 11 FROM: Melissa Miller, Environmental Program Consultant Biological Surveys Group, EAU SUBJECT: Section 7 survey results for the northern long-eared bat (Myotis septentrionalis), and gray bat (Myotis grisescens) associated with the replacement of Bridge No. 273 over Big Horse Creek on SR 1347 in Ashe County, TIP No. B‐4016. The North Carolina Department of Transportation (NCDOT, Division 11) proposes to replace Bridge 273 over Big Horse Creek on SR 1347 in Ashe County, TIP No. B-4016. The existing bridge has a timber floor with I-beam superstructure, concrete abutments, and timber guardrails. The overall length of the structure is 40 feet. The overall height of the structure is approximately 4 feet. Northern long‐eared bat The project to replace Bridge No. 273 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 February 15, 2021, NLEB is listed by USFWS (http://www.fws.gov/raleigh/species/cntylist/nc_counties.html) as “current” in Ashe 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 2021, the nearest NLEB hibernacula record is 32 miles southwest 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/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. Gray Bat The project to replace Bridge No. 273 has also been reviewed for effects on the gray bat (MYGR). As of April 28, 1976, the gray bat was listed by the U.S. Fish and Wildlife Service (USFWS) as “Endangered” under the Endangered Species Act of 1973. According to the USFWS Ashe County webpage (accessed February 15, 2021), (http://www.fws.gov/raleigh/species/cntylist/nc_counties.html), the gray bat is listed by USFWS as “current” in Ashe County. According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most recently updated in January 2021, MYGR have not been documented in Ashe County. NHP data indicate that the closest known occurrence of MYGR is approximately 61 miles southwest of the project site. In September 2019, a gray bat was found roosting in a bridge in Surry County 45 miles east of the project (personal correspondence). As of this writing, the Surry County occurrence is not yet reflected in the NHP Biotics Database. Bridge 273 is a timber bridge with a clearance of approximately 4 feet. Early evidence from several structure surveys suggests that this species prefers tall, concrete bridges. Timber bridges (which are often slathered in creosote) with low clearances tend to stay cool and damp and are not typically preferred roosting locations by bats. Bats prefer dry, elevated roost sites. Therefore, no suitable roosting habitat for MYGR is present. Based on low height and type of the bridge (timber and steel), and lack of caves or mines in the project vicinity, the proposed project will have a biological conclusion of No Effect for gray bats. If you need any additional information, please contact Melissa Miller at 919-707-6127.