20230720_USFWS

P�MeNT of ryF FISH&WILDLIFE
United States Department of the Interior q RVICE
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FISH AND WILDLIFE SERVICE
''gRCH s,,a°� Asheville Field Office
160 Zillicoa Street Suite B
Asheville,North Carolina 28801
July 20,2023
Mr. Adam Parr
Assistant State Mining Engineer
Division of Energy,Mineral, and Land Resources
1612 Mail Service Center
Raleigh,North Carolina 27699
Subject: Scoping for Wallace Road Sand Mine in Kannapolis,Rowan County,North Carolina.
Dear Mr. Parr:
On July 10, 2023,we received(via email)your information requesting our comments on the subject
project. We have reviewed the information that you presented for this request and the following
comments are provided in accordance with the provisions of section 7 of the Endangered Species Act of
1973, as amended(16 U.S.C. 1531 - 1543) (Act).
Proiect Description
According to the information provided,Keller Mining, Inc. is applying for a mining permit from the NC
Division of Energy,Mineral, and Land Resources(DEMLR) associated with mining 24.9 acres at the
Wallace Road Sand Mine at 5830 Wright Road in Kannapolis,Rowan County,North Carolina.
Federally Listed Species
Under section 7 of the Act, federal agencies must consult with the U.S. Fish and Wildlife Service
(Service)when any action the agency carries out, funds, or authorizes(federal nexus)may affect either a
species listed as threatened or endangered under the Act,or any critical habitat designated for it. It is the
federal action agency's responsibility to make this determination. At this time, it is unclear if the proposed
project will have a federal nexus and be subject to section 7 consultation.
Below is a list of species known from Rowan County that may occur in the proposed project action area
and should be considered in a biological assessment and/or biological evaluation prepared for this project.
Species Status'
Schweinitz's sunflower Helianthus schweinitzii T
Tricolored bat Perimyotis subflavus PE
1T=threatened and PE=proposed endangered.
We encourage use of the Service's Information for Planning and Consultation system(IPAC,
h1t2s://ipac.ecosphere.fws.gov0 which identifies proposed and listed species, and proposed and
designated critical habitat,that may occur within the proposed project action area. Only those species
identified on the official species list generated by IPAC need analysis during project review.

Additional consultation guidance can be found at https://www.fws.gov/office/asheville-ecolo ig cal-
services/asheville-field-office-online-review-process-overview.
If there is no federal nexus for the proposed activities, then section 7 consultation is not required.
However, section 9 of the Act(Prohibited Acts) (a)(1)(B) still applies and explicitly states that it is
unlawful for any person—including private and public entities—to"take"individuals of an endangered
species and,by regulation, a threatened species(16 U.S.C. §1533(d)).
The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of
our staff at [e-mail], if you have any questions. In any future correspondence concerning
this project,please reference Log Number 4-2-23-704.
Sincerely,
--original signed--
Janet Mizzi
Field Supervisor
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