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Home My WebLink About20210593 Ver 1_BR-0032 Madison County NLEB, MYGR.doc_20211012 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 Fax: (919) 250-4224 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 1000 BIRCH RIDGE DRIVE RALEIGH, NC 27610 September 8, 2021 TO: Jeff Hemphill, Environmental Senior Specialist Environmental Coordination & Permitting Group, EAU 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. 84 over Meadow Fork on NC 209 in Madison County, TIP No. BR-0032. The North Carolina Department of Transportation (NCDOT, Division 13) proposes to replace Bridge No. 84 over Meadow Fork on NC 209 in Madison County, TIP No. BR-0032. The existing bridge is a single span structure with steel beams, metal deck and guard rails, and concrete end walls. The overall length of the structure is 41 feet. Northern long-eared bat The project to replace Bridge No. 84 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 September 8, 2021, NLEB is listed in IPaC (https://ecos.fws.gov/ipac/) as occurring in Madison 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 July 2021, the nearest NLEB hibernacula record is 30 miles east 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. The closest 12 digit (060101060301) red HUC is approximately 18.5 miles away (Upper Cataloochee Creek). 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. Gray bat The project to replace Bridge No. 84 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. As of September 8, 2021, MYGR is listed in IPaC (https://ecos.fws.gov/ipac/) as occurring in Madison County. According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most recently updated in July 2021, MYGR have been documented in Madison County. USFWS, North Carolina Wildlife Resources Commission (WRC) and NHP data indicate that the closest known occurrence of MYGR is approximately 6 miles east of the project site. On June 5, 2021, NV5 biologists assessed bridge No. 84 for potential gray bat habitat. No crevices suitable for roosting were present. No evidence of bats (bats, staining, or guano) was observed. Bridge No. 84 was previously surveyed in 2018 by NCDOT biologists. No evidence of bats in any form (bats, guano, staining) was observed during that survey. No caves or mines are located within the project footprint or within line of sight of the bridge. One abandoned structure is located in the project footprint. This structure had a collapsed roof and is well ventilated offering few roosting opportunities for bats. Based on the bridge type, and the 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.