HomeMy WebLinkAbout20220207 Ver 1_NLEB Consultation and 4(d) Rule Consistency 2022-01-31_20220201United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
http://www.fws.p,ov/nc-es/es/coupiyfr.html
In Reply Refer To:
Project code: 2022-0000419
Project Name: Coleman Drive Project
January 31, 2022
Subject: Consistency letter for the 'Coleman Drive Project' project indicating that any take of
the northern long-eared bat that may occur as a result of the Action is not prohibited
under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o).
Dear Kara Cometti:
The U.S. Fish and Wildlife Service (Service) received on January 31, 2022 your effects
determination for the 'Coleman Drive Project' (the Action) using the northern long-eared bat
(Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC)
system. You indicated that no Federal agencies are involved in funding or authorizing this
Action. This IPaC key assists users in determining whether a non -Federal action may cause
"take"M of the northern long-eared bat that is prohibited under the Endangered Species Act of
1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.).
Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a
result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at
50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that
your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to
result in unauthorized take of the northern long-eared bat.
Please report to our office any changes to the information about the Action that you entered into
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation.
If your Action proceeds as described and no additional information about the Action's effects on
species protected under the ESA becomes available, no further coordination with the Service is
required with respect to the northern long-eared bat.
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species that also may occur in your Action area:
• Carolina Heelsplitter Lasmigona decorata Endangered
01/31/2022 IPaC Record Locator: 526-109261949
• Michaux's Sumac Rhus michauxii Endangered
• Monarch Butterfly Danaus plexippus Candidate
• Schweinitz's Sunflower Helianthus schweinitzii Endangered
• Smooth Coneflower Echinacea laevigata Endangered
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above.
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].
01/31/2022 IPaC Record Locator: 526-109261949 3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Coleman Drive Project
2. Description
The following description was provided for the project'Coleman Drive Project':
Proposed development
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/035.273030750000004,-80,68542332140544,14z
Determination Key Result
This non -Federal Action may affect the northern long-eared bat; however, any take of this
species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50
CFR §17.40(o).
Determination Key Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.
The purpose of the key for non -Federal actions is to assist determinations as to whether proposed
actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule.
If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed
animal species, we recommend that you coordinate with the Service.
01/31/2022 IPaC Record Locator: 526-109261949 4
Determination Key Result
Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a
result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at
50 CFR §17.40(o).
Qualification Interview
1. Is the action authorized, funded, or being carried out by a Federal agency?
No
2. Will your activity purposefully Take northern long-eared bats?
No
3. [Semantic] Is the project action area located wholly outside the White -nose Syndrome
Zone?
Automatically answered
No
4. Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases — the availability of this data varies state -by -state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases and other sources of information on the locations of northern long-
eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/
mammals/nleb/nhisites.html.
Yes
Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No
6. Will the action involve Tree Removal?
Yes
7. Will the action only remove hazardous trees for the protection of human life or property?
No
8. Will the action remove trees within 0.25 miles of a known northern long-eared bat
hibernaculum at any time of year?
No
01/31/2022 IPaC Record Locator: 526-109261949
9. Will the action remove a known occupied northern long-eared bat maternity roost tree or
any trees within 150 feet of a known occupied maternity roost tree from June 1 through
July 31?
No
01/31/2022 IPaC Record Locator: 526-109261949
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type `0' in questions 1-3.
1. Estimated total acres of forest conversion:
0
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
0
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type `0' in questions 4-6.
4. Estimated total acres of timber harvest
0
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type `0' in questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type `0' in question 10.
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?
0