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HomeMy WebLinkAbout20170261 Ver 1_signed_NLEB_consultation_form_20170306Northern Lon -Eared Bat 4 d Rule Streamlined Consultation Form Fedaral agencies should use this form for the optional streamlined consultation framework for the northezn long- eared bat (NLEB). This framework allows federal agencies to rely upon the U.S. Fish and Wildlife Service's {i]SFWS) January 5, 2016, intra-Service Programmatic Biological Opinion (BO) on the fina14(d) rule for the NLEB for section 7(a)(2) co�npliance by: (1) notifying the USFWS tt�at an action agency �will use the streamlined framework; {2) describing the project with suffcient detail to support the required det ;nation; and (3) enabling the USFWS to track effects and deter�nine if reinitiatian of consultation is required per 50 CFR 402.I6, This farm is not necessary if an agency determines that a proposed action will have no effect ta the NLEB or if the USFWS has concurred in writi.ng with azi agency's determination that a proposed action may affect, but is not likely to adversely affect the NLEB (i.e., the standard informal consultation pmcess). Actions that rnay cause prohibited incidental take require separate formal consultation. Praviding this zn�'ormation does not address section 7{a)(2) compliance for any other listed species. Information to Determine 4(d) Rul.e 1. Does the project occur wholly outside of the WNS Zone�? 2. Have you contacted the appmpriate agencyz to determine if your proj ect is near known hibernacula or materni roost trees? 3. Cou1d the project disturb hibernating NLEBs in a known hibernaculuin? �. Could the proj ect alter the entrance or interior environment of a l�own hibernacul�m? 5. Does the project remove any trees within 0.25 miles of a l�own hibernaculum at an time of year? b. Would the project cut or destroy known occupied matemity roosi trees, or any other trees r�vithin a 150-foot radius from the mateznity roost tree from June 1 through Julv 31. You are eligible to use this form if yau have answered yes to question #i or yes to question #2 and no to questions 3, 4, 5 and 6. The remai�der of the form wil� be used by the USFWS to track our assumptions in tb�e BO. Agency and Applicant� (Name, Email, Phone No.): NCDOT, Division 12, Trish Beam, pdbeam(a7ncdot.�, 704-480-9(}44 Project Name: Bridge #177 replacement, SR 1$37 over Hoyle Creek (Hoyles Creek Road), Gaston County Project Location (include coordinates if known}: 35.3698�5 -81.946175 B�sic Project Description (provide narrative below or attach additional information}: Replacement of 121-foot long, 3 span timber and steel bridge with a 130-foot long, 3 span concrete bridge in the same location. 1 http;//www.fws.govlmidwesdendangered/mammalslnleblpdflWNSZone.pdf Z See http:l/www.fws.gov/midwest/endangered/m8mmals/nlebinhisites.htzzil 3 If applicable - only needed for federal actions with applicants {e.g., for a permit, etc.) who are party to the consultation. A�v Determination: By signing this form, the action agency determines that this project may affect the NLEB, but that any resulting incidental take o£ the NLEB is not prohibited by the fina14(d} ru1e. If the USFWS does nat respond within 3Q days from subrnittal af this form, the action agency may presuxne 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, 201b, Programn�atic BO. The action agency will update this deternunation annually for multi-year activities. The action agency understands that the USFWS presumes that all activities are implemented as described herein. The action agency will prornptly report any departures from the described activities to the appropriate USFWS Field Office. The acnon agency will provide the appropriate USFWS Field Office with the results of any surveys conducted for the NLEB. Involved parkies wili promptly notify the appropriate USFWS Field Office upon finding a dead, injured, or sick NLEB. Signature: Date Submitted: � T � — 4 Any activity that temporarily or permanen�ly removes suitable forested habitat, including, but nat limited to, tree removal from development, energy production and tzamsmission, mining, agriculture, etc. (see page 48 of the �O). 5 If the project removes less than 10 trees and the acreage is unlrnown, report the acreage as less than 0.1 acre. 6 If the activity includes tree clearing in June and July, also include those acreage in April to October.