20191245 Ver 1_U-4714 Mecklenburg 4(d) NLEB memo 2019_20190917

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER JAMES H. TROGDON, III
GOVERNOR SECRETARY

Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT &
ENVIRONMENTAL ANALYSIS UNIT
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
TELEPHONE: [phone]
FAX: [phone]

WEBSITE:NCDOT.GOV
Location:
CENTURY CENTER, BUILDING B
1020 BIRCH RIDGE DRIVE
RALEIGH NC 27610

July 30, 2019

TO: Erin Cheely, Environmental Program Consultant
ECAP, Environmental Analysis Unit

FROM: Chris Manley, Environmental Program Consultant
Biological Surveys Group, EAU

SUBJECT: Section 7 survey results for the northern long-eared bat (Myotis
septentrionalis) associated with the widening of SR 1009 (Old Monroe Road,
Union County/East John Street, Mecklenburg County) from SR 3448-SR 3474
(Trade Street) to SR 1377 (Wesley Chapel-Stouts Road) in Mecklenburg and
Union Counties, TIP No. U‐4714.

The North Carolina Department of Transportation (NCDOT, Division 10) proposes to widen
the existing two-lane East John Street-Old Monroe Road (SR 1009) to a multi-lane facility
from Trade Street (SR 3448-SR 3474) in the Town of Matthews in Mecklenburg County to
Wesley Chapel-Stouts Road (SR 1377) in the Town of Indian Trail in Union County, TIP No.
U-4714. The length of the project is approximately 6.5 miles long.

Northern long-eared bat
The project to widen SR 1009 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 July 30, 2019, NLEB is listed
by USFWS (http://www.fws.gov/raleigh/species/cntylist/nc_counties.html) as
“probable/potential” in Mecklenburg 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).

According to the North Carolina Natural Heritage Program (NHP) Biotics Database, most
recently updated April 2019, the nearest NLEB hibernacula record is 86 miles west of
the project and no known NLEB roost trees occur within 150 feet of the project area.

NCDOT has also reviewed the USFWS Asheville Field office website
(http://www.fws.gov/asheville/htmls/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(o) 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 Chris Manley at 919-707-6135.