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HomeMy WebLinkAbout20180482 Ver 1_TE_mem_20180405STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR February 28, 2018 MEMO TO: Trish Beam, Division 12 Environmental Supervisor FROM: Jeff Wyatt, Division 12 Environmental Specialist JAMES H. TROGDON, III SECRETARY SUBJECT: Threatened/Endangered S�ecies Survey for stream stabilization project, I-77 north bound lane, Iredell County Endangered Species Act Protected Species As of April 28, 2017 the United States Fish and Wildlife Service (USFWS) list three federally protected species for Iredell Counry (Table 1). A brief description of each species' habitat requirements follows, along with the Biological Conclusion rendered based on survey results in the study area. Habitat requirements for each species are based on the current best available information or from the referenced literature and/or USFWS. Table 1. Federally protected species listed for Iredell County. Scientific Name Common Name Federal Habitat Biological Status Present Conclusion Gly�te�nys mzrh�len�be�gii Bog turtle T(S/A) No Not Required Hexastylis n�an�ifXo�a Dwarf-flowered heartleaf T No No Effect Myotis septentrionalis Northern long-eared bat T Yes MA-NLAA T — Threatened T(S/A) - Threatened due to similarity of appearance MA-NLAA — May Affect — Not Likely to Adversely Affect Bog turtle USFWS optimal survey window: April 1— October 1(visual surveys); April 1-June 15 (optimal for breeding/nestiilg); May 1-June 30 (trappiilg surveys) Biological Conclusion: Not Required Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. However, this project is not expected to affect the bog turtle because no suitable habitat is present within the study area. An February 28, 2018 survey of the NCNHP database indicated there are no occurrences of the bog turtle within a one-mile radius of the project site; the Mailrng Address: Telephone: (704) 480-9020 Locatiorr: NC D1=PARTM�NT OF TRANSPORTATION Fu.r: (704) 480-5401 U 10 L-. MARiON STRI:ET DNTSTON 12 Courier: 06-.i3-03 SH�LBY, NC 28152 PO TiOX 47 SHF.LBY,NC 28151-0047 Wehsite: www.ncdot.gov nearest reported current occurrence is approximately 1.2 miles to the southeast. An on-site investigation on February 12, 2017 indicated there is no suitable habitat for the bog turtle. This project will have no effect on the bog turtle. Dwarf-flowered heartleaf USFWS Optimal Survey Window: March-May Biological Conclusion: No Effect A February 28, 2018 survey of the NCNHP database indicated there are no occurrences of the DHF within a one-mile radius of the project site; the nearest reported current occurrence is approxiir�ately 12.2 miles to the west. Ai� on-site investigatioil oi1 February 12, 2017 indicated there is no suitable habitat for the DFH. This project will have no effect on the dwarf-flowered heartleaf. Northern Long-Eared Bat USFWS Recommended Survey Window: June 1— August 15 Biological Conclusion: May Affect Not Likely to Adversely Affect During field investigations on February 12, 2017 the area was assessed for suitable bat habitat. The area being forested was found to provide suitable habitat. Natural Heritage Program records document the nearest Northern Long-Eared Bat location approximately 25.7 miles east of the proposed project area. The closest listed underground mine, per NHP database is the Powell Mine, 11.8 miles northwest of the project. There are currently no known hibernaculum or maternity roost trees in Division 12 counties for NLEB; therefore, the minor tree clearing associated with this DOT project would be exempted from incidental take under the 4(d) Rule streamlined consultation form. Per guidance from USFWS personnel, concurrence is b anted by citing the following website and a 30 day response period is waved. http://www.fws.gov/asheville/htmis/�roject_review/NLEB_in WNC.html Bald Eagle and Golden Eagle P�^otection Act The bald eagle is protected under the Bald and Golden Eagle Protection Act, and enforced by the USFWS. Habitat for the bald eagle primarily consists of inature forests in proxiir�ity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed on March 27, 2018 using 2017 color aerials. Lalce Norman is within this radius, and constitutes a suitable feeding source for the bald eagle. Because of the proximity of suitable habitat to the study area, a survey for bald eagle nests within the study area and 660 feet fi-oin the study area boundary was perforir�ed on February 12, 2018. No bald eagle nests were observed during approximately 3 survey hours. Additionally, a review of NCNHP records dated January 2018 revealed no known occurrences of this species n�ra;�;,rg ,�ddress: NC DEPARTMENT OF TRANSPORTATION DNTSTON 12 PO BOX 47 SHELi3Y, NC 2R I 51-0047 Telephnne: (704) 480-9020 Fax- (704) 480-5401 Coeu ier: 06-53-03 WeG.rite: www.ncdot.gov Locntio��: 1710 r. MARION STRrET SHT LBY, NC 2R 152 within 1.13 miles of the study area. Due to the lack of known occurrences and the lack of observed nests, it has been determined that this �roject will not affect this s�ecies. n�ra;�;,rg ,�ddress: NC DEPARTMENT OF TRANSPORTATION DNTSTON 12 PO BOX 47 SHELi3Y, NC 2R I 51-0047 Telephnne: (704) 480-9020 Fax- (704) 480-5401 Coeu ier: 06-53-03 WeG.rite: www.ncdot.gov Locntio��: 1710 r. MARION STRrET SHT LBY, NC 2R 152