20171338 Ver 1_B-5152 NLEB email_Memo_20171020

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Barrett, William A
From:Barrett, William A
Sent:Monday, January 30, 2017 10:35 AM
To:[e-mail]
Cc:Dagnino, Carla S; Matthews, Monte K SAW ([e-mail]);
'[e-mail]'
Subject:B-5152 NLEB
Attachments:B-5152 NLEB sec 7 4d.pdf
TrackingTracking:Recipient Delivery
[e-mail]
Dagnino, Carla S Delivered: 1/30/2017 10:35 AM
Matthews, Monte K SAW
([e-mail])
'[e-mail]'
Hi Andrew,
Please find attached a Memo for NLEB for , dated March 17, 2016, for the replacement of Bridge No. B-5152
95 over Blanket Creek on SR 1100, in Forsythe County.
With this submittal, 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 7 4(d) rule, codified at 50
C.F.R. 17.40(o) and effective February 16, 2016. Section 7 responsibilities are therefore considered fulfilled
for NLEB.
Please let me know if you have any questions or would like to discuss further.
Thanks
Bill

William A. Barrett 
Environmental Coordination & Permitting 
PDEA-Natural Environment Section 
North Carolina Department of Transportation

919 707 6103 office
[e-mail]

1598 Mail Service Center
Raleigh, NC 27699-1598

1020 Birch Ridge Drive 
Raleigh, NC 27610 

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Email correspondence to and from this address is subject to the 
North Carolina Public Records Law and may be disclosed to third parties. 
_____________________________________________________________ 

March 17, 2016 TO: Bill Barrett, Environmental Senior Specialist Environmental Coordination & Permitting Group Western, NES - PDEA CC: Gene Tarascio, Project Development Engineer Project Development Group - Western Region, PDEA FROM: Cheryl Gregory, Environmental Program Consultant Biological Surveys Group, NES - PDEA SUBJECT: Streamline Section 7 Consultation for the Northern Long-Eared Bat associated with the replacement of Bridge 95 over Blanket Creek on SR 1100 in Forsyth County, TIP No. B-5152. The North Carolina Department of Transportation (NCDOT, Division 9) proposes to replace Bridge No. 95 over Blanket Creek on SR 1100 in Forsyth County, TIP No. B-5152. The existing bridge is a single span structure that consists of a reinforced concrete deck on a steel girder floor beam system with an asphalt wearing surface. The end bent abutment walls consist of mass concrete with no interior bents. The substructure appears to share a foundation with the adjacent house and spillway. The left guardrail is also constructed of concrete, the right guardrail is metal. The overall length of the structure is 41 feet. The replacement structure will be approximately 130 feet in length. The bridge will be of sufficient width to provide for two 11 foot travel lanes, two 5-foot bike lanes, and a 5.5-foot sidewalk on the north side. The replacement structure will be on a new parallel alignment south of the existing structure. This requires roadway curvature on each end that mimics the existing curvature, but results in new roadway grades on the approaches and bridge. A brief temporary offsite detour may be necessary due to traffic control needs near the end of construction. The project to replace Bridge No. 95 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 March 10, 2016, NLEB is listed by USFWS (http://www.fws.gov/raleigh/species/cntylist/nc_counties.html) as “Probable/Potential” in Forsyth 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).
State of North Carolina | Department 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
According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most recently updated October 2015, the nearest NLEB hibernacula record is 77 miles away (EO ID 32171) and no known NLEB roost trees occur within 150 feet of the project area. EO 32171 represents Black Rock Cliffs Cave sites with multiple observations from 1986 to 2011. 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(o) and effective February 16, 2016. Service concurrence with this determination is not required. If the service does not respond within 30 days of notice, NCDOT may presume its determination is informed by best available information and consider Section 7 responsibilities fulfilled for NLEB. If you need any additional information, please contact Cheryl Gregory at 919-707-6142.