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HomeMy WebLinkAbout20160329 Ver 1_Bridge 83 Davie permit application_20160405Carpenter,Kristi From: Euliss, Amy Sent: Tuesday, April 05, 2016 7:49 AM To: Thomas, John T JR SAW (John.T.Thomas.JR@usace.army.mil); Cc: Subject: Attachments: Follow Up Flag: Flag Status: andrew_henderson@fws.gov Chambers, Marla J; Carpenter,Kristi; Jones, Matthew W; Braquet, Stephanie; Wanucha, Dave RE: Bridge 83 Davie permit application NLEB-streamlined checklist_022916_Br 83 Pinebrook School Road Davie.pdf Follow up Completed I forgot to include the NLEB streamlined checklist. From: Euliss, Amy Sent: Monday, April 04, 2016 9:19 AM To: Thomas, John T JR SAW (John.T.Thomas.JR@usace.army.mil); Wanucha, Dave Cc: andrew_henderson@fws.gov; Marla Chambers (marla.chambers@ncwildlife.org); Carpenter,Kristi; Jones, Matthew W; Braquet, Stephanie Subject: Bridge 83 Davie permit application Attached is the Attachment G, permit drawings, and NLEB streamline checklist for the replacement of Bridge No. 83 in Davie County. This is a courtesy copy for DWR. NCDOT previously committed to a tree clearing moratorium from May 15-August 15 as a conservation measure to avoid disturbing potential Northern long-eared bats in their summer roosting habitat under the 'Interim 4d rule'. See attached concurrence letters. However, with the issuance of the 'Final 4d rule', NCDOT will no longer meet the moratorium. Thus, 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(0) and effective February 16, 2016. Section 7 responsibilities are therefore considered fulfilled. Amy Euliss Division 9 Environmental Officer North Carolina Department of Transportation 336 747 7802 office aeuliss(cDncdot.aov 375 Silas Creek Parkway Winston Salem, NC 27127-7167 �;�� ,,,, � Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Northern Lone-Eared Bat 4(dl Rule treamlined Concultation Form Federal agencies should use this form for the optional streamlined consultation framework for the northem long-eared bat (NLEB). This framework allows federal agencies to rely upon the U.S. Fish and Wildlife Service's (USFWS) January 5, 2016, intra-Service Prograznmatic Biological Opinion (BO) on the fma14(d) rule far the NLEB for section 7(a)(2) compliance by: (1) notifying the USFWS that an acrion agency will use the streamlined framework; (2) describing the project with sufficient detail to support the required determination; and (3) enabling the USFWS to track effects and determine if reinitiation of consultation is required per 50 CFR 402.16. This form is not necessary if an agency determines that a proposed action will have no effect to the NLEB or if the USFWS has concurred in writing with an agency's determination that a proposed action may affect, but is not likely to adversely affect the NLEB (i.e., the standazd informal consultarion process). Acrions that may cause prohibited incidenta( take require separate formal consultation. Providing this information does not address section 7(a)(2) compliance for any other listed species. Information to Determine 4(d) Rule Compliance: YES NO 1. Does the project occur wholly outside ofthe WNS Zone�? ❑ x 2. Have you contacted the appropriate agencyz to determine if your project is near X � known hibernacula or matemity roost trees? 3. Could the project disturb hibernating NLEBs in a known hibernaculum? ❑ x 4. Could the project alter the entrance or interior environment of a known � X hibernaculum? 5. Does the project remove any trees within 0.25 miles of a known hibernaculum at � x any time of year? 6. Would the project cut or destroy known occupied maternity roost trees, or any other trees within a 150-foot radius from the matemity roost tree from June 1 � x throu Jul 31. You are eligible to use this form if you have answered yes to question #1 or ves to question #2 and no to questions 3, 4, 5 and 6. The remainder of the form will be used by the USFWS to track our assumptions in the BO. Agency and Applicant� (Name, Email, Phone No.): NCDOT Division 9, aeuliss@ncdot.gov, 336-747-7802 Proiect Name: Project Location (include coordinates ifknown): 35.9655 N, 80.5125 W Basic Project Description (provide narrative below or attach additional information): Replace bridge no. 83 on SR 1436 (Pinebrook School Road) with a new single span concrete cored slab bridge with concrete substructure on H-piles. ' http://www.fws.gov/midwesUendangered/mammals/nleb/pdf/WNSZone.pdf 2 See http://www.fws.gov/midwesUendangered/mammals/nleb/nhisites.html 3 If applicable - only needed for federal actions with applicants (e.g., for a permit, etc.) who aze party to the consultarion. General Project Informafion YES NO Agencv Determination: By signing this form, the action agency determines that this project may affect the NLEB, but that any resulting incidental take of the NLEB is not prohibited by the final4(d) rule. If the USFWS does not respond within 30 days from submittal of this form, the action agency may presume that its determination is informed by the best available information and that its project responsibilities under 7(a)(2) with respect to the NLEB are fulfilled through the USFWS January 5, 2016, Prograimnatic BO. The action agency will update this determination annually for multi-yeaz activities. The action agency understands that the USFWS presumes that all activities are implemented as described herein. The action agency will promptly report any departures from the described activities to the appropriate USFWS Field Office. The action agency will provide the appropriate USFWS Field Office with the results of any surveys Office upon Signature: far the NLEB. Involved parties will promptly notify the appropriate USFWS Field a dead, injured, or sick NLEB. : � /V C �� `r-�.R ��� Date Submitted: ° Any activity that temporarily or permanently removes suitable forested habitat, including, but not limited to, tree removal from developmem, energy production and transmission, mining, agriculture, etc. (see page 48 of the BO). 5 If the project removes less than ] 0 trees aud the acreage is Luilmown, report the aaeage as less than 0.1 acre. 6 If the activity includes tree cleazing in 7une and July, also include those acreage in April to October.