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Home My WebLink About20170086 Ver 1_Caldwell #123 Bat Survey_20170120Transportation TO [K1J FROM Apri14, 2016 Pam Williams, Project Engineer Priority Projects Unit, Technical Services Heath Slaughter, Division Environmental Officer Highway Division 11 Chris Manley, Environmental Program Consultant Biological Surveys Group, NES - PDEA PAT McCRORY Governo� NICHOLAS J. TENNYSON Secretary SUBJECT: Section 7 Survey Memo for the Northern Long-Eared Bat (Myotis septentrionalis) and the Virginia big-eared bat (Corynorhinus townsendii virginianus) associated with the replacement of Bridge 123 over Estes Mill Creek on SR 1356 in Caldwell County, WBS No.17BP.11.R.120. The North Carolina Department of Transportation (NCDOT, Division 11) proposes to replace Bridge No.123 over Estes Mill Creek on SR 1356 in Caldwell County, WBS No.17BP.11.R.120. The existing bridge is a single span structure with a timber floor on I-beams, and timber caps, posts and sills with a wood guardrail. The overall length of the structure is 26• feet. The project to replace Bridge No. 123 has been reviewed for effects on the northern long- eared bat (NLEB). As of May 4, 2015, 1VLEB is listed by the U.S. Fish and Wildlife Service (USFWS) as "Threatened" under the Endangered Species Act of 1973. As of April 4, 2016, NLEB is listed by USFWS as "current" in Caldwell County (http�//www fws gov/raleigh/snecies/cntylist/nc counties.html). USFWS also established a �nal 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 final4(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 1/4 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 31J. According to the North Carolina Natural Heritage Program (IVHP) Biotics Database, most recently updated October 2015, the nearest NLEB hibernacula record is 10 miles away (EO ID 32171) and no known NLEB roost trees occur within 1/4 mile of the�project area. EO 32171 represents the Black Rock Cliffs Cave site with multiple observations from 1986 to 2011. For the proposed action, NCDOT has committed to the conservation measures listed below: �Nothing Compares=�� State,of North Carolina � Deparhnent 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 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 fuliilled. � The project to replace Bridge No. 1'23 has also been reviewed for effects on the Virginia big- eared bat (VABEB). As of November 30,1979 the Virginia big-eared bat was listed by the U.S. Fish and Wildlife Service (USFWS) as "Endangered" under the Endangered Species Act of � 1973. As of Apri14, 2016 the Virginia big-eared bat is listed by USFWS as "current" in Caldwell County (htt�//www fws gov/rale�h/snecies/cntylist/nc counties.html). According to the 1Vorth Carolina Natural Heritage Program (NCNHP) Biotics Database, most recently updated in October 2015, the closest known occurrence of VABEB is approximately 10 miles northwest of the project site. (EO ID 11901). EO 11901 represents Black Rock Mystery Hole site with multiple observations from1986-2014. A habitat assessment for VABEB was conducted on March 10, 2016 by NCDOT biologists. Bridge No. 347 was inspected and no evidence of bats was observed. A small "cave-like" feature was observed (approximately 260 feet away) from the bridge. NCDOT biologists inspected the feature and found it to be not suitable bat habitat. Two mines occur within three miles of the project footprint. These mines are noted below, but were not investigated in the field. . Mine Name � Distance to Project � Type Miller Quarry I Within 3 miles I Surface Dickson Mine Withm 3 miles Surface Based on the lack of evidence of bats during the bridge inspection, the lack of suitable caves � or mines in the project vicinity, and the distance to known occurrences of VABEB, the proposed project will have a biological conclusion of NO EFFECT for Virginia big-eared bats. If you need any additional information, please contact Chris Manley at 919-707-6135.