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HomeMy WebLinkAbout20180712 Ver 1_16-040_Rocky River Road West Street Improvements_20180523United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 November 23, 2015 Mr. Brandon Phillips STV Engineers, Inc. 900 West Trade Street, Suite 715 Charlotte, North Carolina 28202-1144 Dear Mr. Phillips: Subject: Request for Evaluation, Proposed Rocky River Road West Street Improvements, Charlotte, Mecklenburg County, North Carolina Log No. 4-2-16-040 The U.S. Fish and Wildlife Service (Service) received your letter for the above-referenced project on October 27, 2015, and submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to your letter, the City of Charlotte is proposing "street improvements" to Rocky River Road West. However, your letter did not detail these improvements beyond this basic description. The proposed project area and adjacent lands are dominated by developed open space and low intensity development, but also contain Southern Piedmont dry oak-pine forest. Federally Listed Endan�ered and Threatened Species According to the information you provided and the Service's records, there may be suitable habitat in the project area for the northern long-eared bat (Myotis septentrionalis), which is currently federally listed as a threatened species. During the summer, northern long-eared bats typically roost singly or in colonies in a wide variety of forested habitats, underneath bark, or in cavities/crevices of both live trees and snags. Northern long-eared bats have also been documented roosting in man-made structures (i.e., buildings, barns, etc.) during the summer. Northern long-eared bats predominately winter in hibernacula that include caves and abandoned mine portals. It should be noted that the general habitat types described above may not be all-inclusive; additional habitat types may be identified as new information is obtained. The nearest Service record of occurrence for this species is greater than 40 miles from the project site. Since, the probability of "take" that could occur from this project is insignificant and/or discountable, we would concur with a determination that the proposed project "may affect", but is "not likely to adversely affect" the northern long-eared bat. However, we still recommend that the tree-cutting moratorium of May 15 — August 15 be incorporated into development plans. While our "not likely to adversely affect" determination is not dependent on this action, the cutting moratorium is a measure that can be implemented to further reduce the probability of "take" for this species. Based on the information you provided and the Service's records, we have no evidence for the presence of any other federally listed endangered or threatened species in the proposed project area. Therefare, at this time, the Service requires no further action and considers the consultation process to be complete. However, be aware that obligations under section 7 of the Act must be reconsidered i£ (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. The Service appreciates the opportunity to comment on this project. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-16-040. Sincerely, - - original signed - - Janet A. Mizzi Field Supervisor 2