20201589 Ver 1_B-5845 Section 7 Consultation NLEB_20220112

State of North Carolina | Department of Transportation | PDEA-Natural Environment Section
1020 Birch Ridge Drive, 27610 | 1598 Mail Service Center | Raleigh, North Carolina 27699-1598
919-707-6000 T 919-212-5785 F

June 15, 2016 TO: Michael Turchy, Environmental Program Consultant Environmental Coordination & Permitting Group Western, NES - PDEA CC: Angela Sanderson, Project Development Engineer Project Development Group - Western Region, PDEA FROM: Cheryl Gregory, 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. 25 over Buffalo Creek on SR 2033 in Cleveland County, TIP No. B-5845. The North Carolina Department of Transportation (NCDOT, Division 12) proposes to replace Bridge No. 25 over Buffalo Creek on SR 2033 in Cleveland County, TIP No. B-5845. The existing bridge is a five span structure with a concrete superstructure, I-beams, and concrete abutments and bents. The guardrail is also constructed of concrete. The overall length of the structure is 225 feet. The project to replace Bridge No. 25 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 20, 2016 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 2016, 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 site 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 Cheryl Gregory at 919-707-6142.