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Home My WebLink About20190337 Ver 1_B-5830 NLEB MYGR Ashe_20190315. �,�STAT£o; � �y w m nn 1'0�4 9.�''y i �`� �+� . � �' s i <J�y" _ (�~ `�� '� �, �,��,� ,a�6 �a�„��, ,> ��..,.. � ROY COOPER GOVERNOR �i� CC: FROM: STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Apri125, 2017 JAMES H. TROGDON, III SECRETARY Carla Dagnino, Western Regional Manager Environmental Coordination & Permitting Group Western, NES - PDEA Pam Williams, Project Development Engineer Project Development Group - Western Region, PDEA Chris Manley, 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 177 over Beaver Creek on SR 1181 in Ashe County, TIP No. B-5830. The North Carolina Department of Transportation (NCDOT, Division 11) proposes to replace Bridge No. 177 over Beaver Creek on SR 1181 in Ashe County, TIP No. B-5830. The existing bridge is a single span structure with timber floor on I-beams superstructure, with timber caps, timber posts and concrete sills. The guardrail is constructed of wood. The overall length of the structure is 51 feet. Northern long-eared bat The project to replace Bridge No. 177 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 April 25, 2017, NLEB is listed by USFWS (http://www.fws.gov/raleigh/snecies/cn , list/nc counties.html) as "current" in Ashe 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 final4(d) rule to prohibit the take of IVLEB from certain activities within areas where they are in decline. This incidental take protection applies only to known IVLEB 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 maternity tree during the pup season (June 1-July 31). Mailing Address: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT & ENVIRONMENTAL ANALYSIS UNIT 1598 MAIL SERVICE CENTER RALEIGH NC 27699-1598 TELEPHONE.• 919-707-6000 FAX• 919-212-5785 WEBSITE:NCDOT.GOV Location: CENTURY CENTER, BUILDING B 1 OZO BIRCH RIDGE DRIVE RALEIGH NC Z761 O According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most recently updated January 2017, the nearest 1VLEB hibernacula record is 26 miles west (EO ID 32171) and no known NLEB roost trees occur within 150 feet of the project area. EO 32171 represents Black Rock Cliffs Cave with multiple observations from 1986 to 2011. NCDOT has also reviewed the USFWS Asheville Field office website (http://www.fws.gov/asheville/htmis/�roject 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 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(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. Gray Bat The project to replace Bridge No. 177 has also been reviewed for effects on the gray bat, Myotis grisescens (MYGR). As of April 28, 1976 the MYGR was listed by the U.S. Fish and Wildlife Service (USFWS) as "Endangered" under the Endangered Species Act of 1973. MYGR is listed by USFWS as "probable/potential" in Ashe County htt�//www.fws.gov/raleigh/snecies/cntvlist/nc counties.html (accessed Apri125, 2017). According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most recently updated in January 2017, MYGR have not been documented in Ashe County. This summer, staff from North Carolina Wildlife Resources Commission (NCWRC) have observed MYGR roosting in bridges in western NC. Their records indicate that the closest known occurrence of MYGR is approximately 59 miles southwest of the project site (EO ID 36756). EO 36756 represents an observation record over the Cane River. Bridge 177 is a timber bridge with a clearance of approximately 7 feet. Early evidence from several structure surveys suggests that this species prefers tall, concrete bridges. Timber bridges (which are often slathered in creosote) with low clearances tend to stay cool and damp, and are not typically preferred roosting locations by bats. Bats prefer dry, elevated roost sites. Therefore, no suitable roosting habitat for MYGR is present. Based on the height of the bridge and type of the bridge (timber) see picture below, the proposed project will have a biological conclusion of No Effect for MYGR. �'� . . �.�'r'1R:v i1 �. i" t � �� i�� T`�., d' � ��" x 4 .��i,�j 1 k i� 4 n, a .. ,, ,7��,�4� 4z� �.,,ii"$,�„ ,rXr� � �! 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"�c � . ��a �:' ,�� . ��{ 4 � F �; +F #' , r .- � � � �,� .r 5 �*.•' y:� a� i � " � . � 4> � r �yj � i . �4�� _ . +}� � s a r.'��a � - �, µYi}t .�� z 4 N „"<� i?,u ':4"f. w'w" 5 .;^. �. ..,F�ry . . , a � .:+r y .Y .. .� ,�+ . � W' "+' y`� h - ,^ � AS . 1 4�� . : l +( . � :. a�. � r . # J �l� - '. J'' M1 �. �{ .� � ... :�,�'� -• k � �.c�,'o�, r �a �lrQ° '.7 .f �t��''°4 �;- �.73.� � ;�� iw. '�,r �., ., r y�,'.�'^' ie �r_`I,r , s � 9, c� h ' ,�<.'y� { � t.�c Nir.1.s,�i� ,< x ��,y,� � �.'-e'� �! ~�.- �.�. r .. . � r �� . � . - : . . L �� '+b'4 4� .t� 4 ! � �cY r ��] ° �i� # � xb . , • l , Er 's � >. . , �. �13r r� �� : a 9 � .. _ '7' ti'¢ If you need any additional information, please contact Chris Manley at 919-707-6135.