20180243 Ver 1_B-5393 NLEB Cleveland_20180220

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I�VICHC]LAS J. TEI�I'�YSON
Secretary
October 21, 2016
Erin Cheely, Environmental Senio►- Specialist
Environmental Coordination & Permitting Group Western, NES - PDEA
Natalie Lockhart, Project Development Engineer
Project Development Group - Western Region, PDEA
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 192 over Maple Creek on SR 1662 in
Cleveland County, TIP No. B-5393.
The North Carolina Department of Transportation (NCDOT, Division 12) proposes to
replace Bridge No. 192 over Maple Creek on SR 1662 in Cleveland County, TIP No. B-5393.
The existing bridge is a three span structure with a timber superstructure, steel I-beams,
timber bents and bulkheads. The guardrail is also constructed of wood. The overall length of
the structure is 91 feet. The replacement structure will be a triple barrel, 12-foot wide by
12-foot high reinforced concrete box culvert. The approach roadway will extend
approximately 180 feet from the west end and 207 feet from the east end of the new culvert.
Traffic will be detoured off-site during the construction period.
The project to replace Bridge No. 192 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 August 31, 2016,
NLEB is listed by USFWS (http://www.fws.gov/raleigh/species/cntylist/nc counties.html)
as "probable/potential" in Cleveland 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 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 materniry tree during the pup season (June 1-July 31).
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St�[e of Nortli Carolina I Departmeut of Tinnsportalion I PDL-.A-Natural �nviroument Sectio❑
1020 Birch Ridgc Drivc. 27610 I 1593 Nlail Sorvice Ccntcr I Ralcigh, North Carolin.i 27699-1598
919-707-G000 T 919-212-ti7A5 F

According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most
recently updated July 2016, the nearest NLEB hibernacula record is 37 miles west of the
project (EO ID 32166) and no known NLEB roost trees occur within 150 feet of the
project area. EO 32166 represents Breakdown Cave site with multiple observations from
2001 to 2010.
IVCDOT has also reviewed the USFWS Asheville Field office website
(http://www.fws.gov/asheville/htmis,[project review/NLEB in WNC.html) for consistency
with NHP records. This project is located entirely outside of the red highlighted areas (12-
digit HUC) that the USFWS Asheville Field Office has determined to be representative of an
area that may require consultation.
For the proposed action, NCDOT has committed to the conservation measures listed below:
1) No alterations of a known hibernacula 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. 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.