20210446 Ver 1_B-5808 NLEB 4d Memo_20220215

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: Jeff Hemphill, Senior Environmental Specialist Environmental Coordination & Permitting Group Western, NES - PDEA CC: Angela Sanderson, Project Development Engineer Project Development Group - Western Region, PDEA FROM: Cheryl Gregory, Environmental Program ConsultantBiological Surveys Group, NES - PDEA SUBJECT: Streamline Section 7 Consultation for the Northern Long-Eared Bat associated with the replacement of Bridge Nos. 57 & 59 over Irish Buffalo Creek on US 29-US 601 in Cabarrus County, TIP No. B-5808.
The North Carolina Department of Transportation (NCDOT, Division 10) proposes to replace Bridge Nos. 57 & 59 over Irish Buffalo Creek on US 29-US 601 in Cabarrus County, TIP No. B-5808. The project to replace Bridge Nos. 57 & 59 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, 2016, NLEB is listed by USFWS as “probable/potential in Cabarrus County (http://www.fws.gov/raleigh/species/cntylist/nc_counties.html). 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 82 miles
northwest of the project (EO ID 34299) and no known NLEB roost trees occur within
150 feet of the project area. EO 34299 represents three cave sites (Wind, Psuedosaltpeter, Limkiln) with multiple observations from 2001 to 2009.
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 itimpairs an essential behavioral pattern, including sheltering northern long-earedbats (January 1 through December 31);2)No tree removal within a 0.25 mile radius of a known hibernacula (January 1through December 31); and3)No cutting or destroying a known, occupied maternity roost tree, or any other treeswithin a 150-foot radius from the known, occupied maternity tree during the periodfrom 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 Knepp at 919-707-6102.