20061223 Ver 4_FWS Letter_20240417

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607
Phone: [phone] Fax: [phone]
In Reply Refer To: 03/21/2024 20:12.00 UTC
Project code: 2024-0066474
Project Name: Brookstone Subdivision
Federal Nexus: no
Federal Action Agency (if applicable):
Subject: Technical assistance for'Brookstone Subdivision'
Dear Linwood Stroud:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on March 21, 2024, for
'Brookstone Subdivision' (here forward, Project). This project has been assigned Project Code
2024-0066474 and all future correspondence should clearly reference this number. Please
carefully review this letter. Your Endangered Species Act (Act) requirements are not
complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must he followed for the ESA determination to remain valid.
Determination for the Northern Long -Eared Bat
Based upon your IPaC submission and a standing analysis, your project is not reasonably certain
to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15
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.

Project code: 2024-0066474 IPaC Record Locator: 836-140508922 03/2112024 20:12:00 UTC
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
■ American Alligator Alligator rnississippiensis Similarity of Appearance (Threatened)
■ Monarch Butterfly Danaus plexippus Candidate
• Neuse River Waterdog Necturus lewisi Threatened
• Tricolored Bat Perimyotis subflavus Proposed Endangered
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species and/or critical habitat listed above. Note that if a new species is listed that
may be affected by the identified action before it is complete, additional review is recommended
to ensure compliance with the Endangered Species Act.
Next Steps
Coordination with the Service is complete. This letter serves as technical assistance. All
conservation measures should be implemented as proposed. Thank you for considering federally
listed species during your project planning.
We are uncertain where the northern long-eared bat occurs on the landscape outside of known
locations. Because of the steep declines in the species and vast amount of available and suitable
forest habitat, the presence of suitable forest habitat alone is a far less reliable predictor of their
presence. Based on the best available information, most suitable habitat is now expected to be
unoccupied. During the interim period, while we are working on potential methods to address
this uncertainty, we conclude take is not reasonably certain to occur in areas of suitable habitat
where presence has not been documented.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2024-0066474 associated
with this Project.
DKey Version Publish Date: 02/26/2024 2 of 7

Project code: 2024-0066474 IPaC Record Locator: 836-140508922 03/21/2024 20:12:00 UTC
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis
septentrionahs).
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handlinglencountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. Your project overlaps with an area where northern long-eared bats may be present year-
round. Time -of -year restrictions may not be appropriate for your project due to bats being
active all year.
Do you understand that your project may impact bats at any time during the year and time -
of -year restrictions may not apply to your project?
Yes
3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service
currently has data to support the presumption that the northern long-eared bat is present.
Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely
to be present in the action area?
Bat occurrence data may include identification of NLEBs in hibernacula, capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data
on captures, roost tree use, and acoustic detections should post-date the year when white -
nose syndrome was detected in the relevant state. With this question, we are looking for
data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife
Set -vice.
No
4. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
DKey Version Publish Date: 02/26/2024 4 of 7

Project code: 2024-0066474 IPaC Record Locator: 836-140508922 03/21/2024 20:12:00 UTC
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
No
DKey Version Publish Date: 02/26/2024 5 of 7