20210920_USFAW_21-414_Lithium_comments

QPP�MENT OF FISH &WILDLSERV
IFE
United States Department of the Interior
o
- ; a9 ' FISH AND WILDLIFE SERVICE
gRCH 31 �� Asheville Field Office
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
September 20, 2021
Mr. Patrick Brindle
Piedmont Lithium Carolinas, Inc.
32 N Main Street, Suite 100
Belmont, North Carolina 28012
Subject: Scoping for the Carolina Lithium Project in Cherryville, Gaston County, North
Carolina.
Dear Mr. Brindle:
On August 31, 2021, we received (via mail) 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 the National
Environmental Policy Act (42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as
amended (16 U.S.C. 661 - 667e); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703);
the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d); and section 7 of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act).
Project Description
According to the information provided, Piedmont Lithium Carolinas, Inc. proposes mining
associated with the Carolina Lithium Project on approximately 1,548 acres adjacent to St. Marks
Church Road, Whitesides Road, and Hephzibah Church Road in Cherryville, Gaston County,
North Carolina. The entire Mine Permit Application was provided for review which includes:
• Mine Permit Application
• Overall Site Plan and Reclamation Map
• Associated Concentrate Operations Drawings
• Associated Lithium Hydroxide Conversion Plant Drawings
• Technical Memorandums
• Section 404/401 Individual Permit Approvals
• Adjoining Landowner Information and Land Entry Agreements
• Other Supporting Documentation
Federally Listed Species
The proposed project is in a county that has potential or known occurrence records of species
with federal designations. Below is a list of species known from Gaston County and for which
we have concerns.

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Species
Status'
Bald eagle
Haliaeetus leucocephalus
BGPA
Bog turtle
Glyptemys muhlenbergii
T(S/A)
Dwarf -flowered heartleaf
Hexastylis naniflora
T
Georgia aster
Symphyotrichum georgianum
CCA
Little brown bat
Myotis lucifugus
ARS
Monarch butterfly
Danaus plexippus
CAN
Northern long-eared bat
Myotis septentrionalis
T
sunflower
Helianthus schweinitzii
E
ESchweinitz's
red bat
Perimyotis subflavus
ARS
'E = endangered, T = threatened, T(S/A) = threatened due to similarity
of appearance, ARS = at -risk species, CAN = candidate species, and
BGPA = Bald and Golden Eagle Protection Act.
Because bald eagle, dwarf -flowered heartleaf, northern long-eared bat, and Schweinitz's sunflower
are known to occur in the county, these species should be considered in a biological assessment
and/or biological evaluation (BA/BE) prepared for this project. Guidance on what is included in
a complete BA/BE can be found at the following links:
• https:llwww.f4,s.govlashevillelhtmislproject_review/assessment—guidance.html
• https:llwww.fws.govlmidWestlendangeredlsection7lba_guide.html
Additionally, we recommend surveying the "action area" for suitable habitat for these species
prior to any on -the -ground activities. The action area includes all areas to be affected directly or
indirectly by the federal action and not merely the immediate area involved in the action. In the
event suitable habitat is present for any species, we recommend that species surveys be
conducted during the appropriate timeframe to ensure that no populations of rare species are
inadvertently affected by the proposed project. As a reminder, those completing animal surveys
must have a Section 10(a)(1)(A) permit from the U.S. Fish and Wildlife Service (Service) in the
event an animal is captured and handled. A condition of the permit is to coordinate with the
Service prior to surveys so that we can determine if a survey and potentially handling animals is
absolutely necessary.
Bog turtle is federally listed as threatened (due to similarity of appearance) and is not subject to
section 7 consultation; however, if suitable habitat is identified on the property, we encourage
you to coordinate the project with the Service and the NC Wildlife Resources Commission
(NCWRC) on behalf of bog turtle and other state listed species.
Little brown bat and tricolored bat are at -risk species (ARS) and monarch butterfly is a candidate
species (CAN). ARS and CAN are not legally protected under the Act and are not subject to any
of its provisions, including section 7, unless they are formally proposed or listed as endangered
or threatened. While lead federal agencies are not prohibited from jeopardizing the continued
existence of an ARS, CAN, or proposed species until the species becomes listed, the prohibition
against jeopardy and taking a listed species under section 9 of the Act applies as soon as the
listing becomes effective, regardless of the stage of completion of the proposed action. We are
including these species in our response to give you advance notification and request your

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assistance in protecting them. Although not required, we recommend that the presence/absence
of these species in the action area be addressed in the BA/BE prepared for this project.
Additionally, we encourage you to coordinate the project with the NCWRC on behalf of these
species.
It was determined in September of 2014 that Georgia aster did not warrant listing; therefore, the
species is not subject to section 7 consultation. However, we would appreciate consideration of
Georgia aster when evaluating the action area for impacts to federally listed species and their
habitats. The species is the subject of a Candidate Conservation Agreement which binds
signatories to monitoring and management guidelines. Currently, Piedmont Lithium Carolinas,
Inc. is not a signatory to this agreement; however, the recommendations can be provided should
they like to implement them in the future.
In accordance with section 7(a)(2) of the Act and 50 CFR Part 402.01, before any federal
authorization/permits or funding can be issued for this project, it is the responsibility of the
appropriate federal regulatory/permitting and/or funding agency(ies) to determine whether the
project may affect any federally endangered or threatened species (listed species) or designated
critical habitat. If it is determined that this project may affect any listed species or designated
critical habitat, you and the federal action agency must initiate section 7 consultation with this
office.
Fish and Wildlife Resource Recommendations
We are also concerned about the potential effects the proposed project could have on other
natural resources. We offer the following general recommendations for the benefit of fish and
wildlife resources:
• Equipment Use in Riparian Areas and In -Stream. Equipment should be operated
from the streambank. If in -stream work is necessary, stone causeways, work bridges, or
mats (designed for the specific location and type of equipment) should be used. Work
pads on streambanks or approaches to in -stream work areas should minimize disturbance
to woody vegetation. Equipment operated in riparian areas and in/near aquatic resources
should be inspected daily and maintained regularly to prevent contamination of surface
waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials.
Construction staging, toxic material storage, and equipment maintenance, including
refueling, should occur outside of the riparian area. The project proponent should report
any toxic material spills in riparian areas and/or aquatic resources to the Service within
24 hours.
• Erosion and Sedimentation Control. Construction activities near aquatic resources,
streams, and wetlands have the potential to cause bank destabilization, water pollution,
and water quality degradation if measures to control site runoff are not properly installed
and maintained. In order to effectively reduce erosion and sedimentation impacts, best
management practices specific to the extent and type of construction should be designed
and installed prior to land -disturbing activities and should be maintained throughout
construction. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persists in the environment beyond its intended purpose.
Land disturbance should be limited to what can be stabilized quickly, preferably by the

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end of the workday. Once construction is complete, disturbed areas should be revegetated
with native riparian grass and tree species as soon as possible. For maximum benefits to
water quality and bank stabilization, riparian areas should be forested; however, if the
areas are maintained in grass, they should not be mowed. The Service can provide
information on potential sources of plant material upon request.
A complete design manual that is consistent with the requirements of the North Carolina
Sedimentation and Pollution Control Act and Administrative Rules, can be found at the
following website: https:lldeq.nc.govlabout/divisions/energy-mineral-land-resources.
• Invasive, Exotic Species. We are concerned about the introduction and spread of
invasive exotic species in association with the proposed project. Without active
management, including the revegetation of disturbed areas with native species, project
corridors will likely be sources of (and corridors for) the movement of invasive exotic
plant species. Exotic species are a major contributor to species depletion and extinction,
second only to habitat loss. Exotic species are a factor contributing to the endangered or
threatened status of more than 40 percent of the animals and plants on the Federal List of
Endangered and Threatened Wildlife and Plants! It is estimated that at least 4,000
exotic plant species and 2,300 exotic animal species are now established in the United
States, costing more than $130 billion a year to control.2 Additionally, the United States
Government has many programs and laws in place to combat invasive species (see
www.invasivespeciesinfo.gov). Specifically, Section 2(a)(3) of Executive Order
13112 - Invasive Species (February 3, 1999) directs federal agencies to "not authorize,
fund, or carry out actions that it believes are likely to cause or promote the introduction
or spread of invasive species in the United States or elsewhere." Despite their short-term
erosion control benefits, many exotic species used in soil stabilization seed mixes are
persistent once they are established, thereby preventing the reestablishment of native
vegetation. Many of these exotic plants are also aggressive invaders of nearby natural
areas, where they are capable of displacing established native species. Therefore, we
strongly recommend that only species native to the natural communities within the
project area be used in association with all aspects of this project.
• Stream Buffers. Natural, forested riparian buffers are critical to the health of aquatic
ecosystems. They accomplish the following:
o Catch and filter runoff, thereby helping to prevent nonpoint-source pollutants
from reaching streams.
o Enhance the in -stream processing of both point- and nonpoint-source pollutants.
o Act as "sponges" by absorbing runoff (which reduces the severity of floods) and
by allowing runoff to infiltrate and recharge groundwater levels (which maintains
stream flows during dry periods).
1D.S. Wilcove, D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species in
the United States. BioScience 48:607-615.
ID. Pimentel, L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous
species in the United States. BioScience 50:53-65.
'Lists of invasive exotic plants can be found on the Internet at http://www.tneppc.orgl and
http://www.invasive.org/eastern/srs/(exotic wildlife links).

Mr. Brindle Piedmont Lithium
o Catch and help prevent excess woody debris from entering the stream and
creating logjams.
o Stabilize stream banks and maintain natural channel morphology.
o Provide coarse woody debris for habitat structure and most of the dissolved
organic carbon and other nutrients necessary for the aquatic food web.
o Maintain air and water temperatures around the stream.
Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100
feet wide along perennial streams [or the full extent of the 100-year floodplain,
whichever is greater]) should be created and/or maintained adjacent to all aquatic areas.
Within the watersheds supporting federally listed aquatic species, we recommend
undisturbed, forested buffers that are naturally vegetated with trees, shrubs, and
herbaceous vegetation. These buffers should extend a minimum of 200 feet from the
banks of all perennial streams and a minimum of 100 feet from the banks of all
intermittent streams (or the full extent of the 100-year floodplain, whichever is greater.)
Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission,
etc.), and other infrastructure that requires maintenance, cleared rights -of -way and/or
compromise the functions and values of the forested buffers should not occur within
these riparian areas.
• Stream Crossings. Bridges or spanning structures should be used for all permanent
roadway crossings of streams and associated wetlands. Structures should span the
channel and the floodplain in order to minimize impacts to aquatic resources, allow for
the movement of aquatic and terrestrial organisms, and eliminate the need to place fill in
streams, wetlands, and floodplains.
Bridges should be designed and constructed so that no piers or bents are placed in the
stream, approaches and abutments do not constrict the stream channel, and the crossing is
perpendicular to the stream. Spanning some or all of the floodplain allows stream access
to the floodplain, dissipates energy during high flows, and provides terrestrial wildlife
passage. When bank stabilization is necessary, we recommend that the use of riprap be
minimized and that a riprap-free buffer zone be maintained under the bridge to allow for
wildlife movement. If fill in the floodplain is necessary, floodplain culverts should be
added through the fill to allow the stream access to the floodplain during high flows.
If bridges are not possible and culverts are the only option, we suggest using bottomless
culverts. Bottomless culverts preserve the natural stream substrate, create less
disturbance during construction, and provide a more natural post -construction channel.
Culverts should be of sufficient size to leave natural stream functions and habitats at the
crossing site unimpeded. Culvert installation and presence should not change water
depth, volume (flow), or velocity levels that permit aquatic organism passage; and
accommodate the movement of debris and bed material during bankfull events.
Widening the stream channel must be avoided.

Mr. Brindle Piedmont Lithium
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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 4-2-21-414.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor