20220882 Ver 1_B-6018 Buncombe 4(d) NLEB MYGR_20220629

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS UNIT
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX: [phone]

WEBSITE:NCDOT.GOV
Location:
CENTURY CENTER, BUILDING B
1020 BIRCH RIDGE DRIVE
RALEIGH NC 27610

May 31, 2019 TO: Jessica Earley, Project Executive Priority Projects Team, PMU 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. 536 over Newfound Creek on SR 1296 in Buncombe County, TIP No. B-6018. The North Carolina Department of Transportation (NCDOT, Division 13) proposes to replace Bridge No. 536 over Newfound Creek on SR 1296 in Buncombe County, TIP No. B-6018. The existing bridge is a single span structure with steel beams, timber deck, guard rails and end walls. The overall length of the structure is 31 feet. Northern long-eared bat The project to replace Bridge No. 536 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 May 31, 2019, NLEB is listed by USFWS (http://www.fws.gov/raleigh/species/cntylist/nc_counties.html) as “current” in Buncombe 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 April 2019, the nearest NLEB hibernacula record is 18.5 miles north
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 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. 536 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 Buncombe County webpage (accessed May 31, 2019), (http://www.fws.gov/raleigh/species/cntylist/nc_counties.html), the gray bat is listed by USFWS as “current” in Buncombe County. According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most recently updated in April 2019, MYGR have been documented in Buncombe County. NHP data indicate that the closest known occurrence of MYGR is approximately 8 miles
south of the project site. On May 15, 2019 NCDOT biologists assessed the bridge project footprint for potential MYGR habitat. No evidence of bats (bats, staining or guano) was observed. No caves or mines are located within the project footprint or within line of sight of the bridge. Therefore, no suitable roosting habitat for MYGR is present. Based on the lack of evidence of bats during the bridge inspection, 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.