20211206_9_FWS_Comment_Letter_orig

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United States Department of the Interior
' FISH AND WILDLIFE SERVICE
Asheville Field Office a,
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
June 1, 2021
Mr. Adam Parr
NCDEQ, Division of Energy
512 North Salisbury Street
Raleigh, North Carolina 27699
[e-mail]
Subject: Mining Permit Application for Boulder Associates, Stanly County, North Carolina
Dear Mr. Parr:
On April 26, 2021, we received (via email) your letter requesting our comments on the subject
project. This letter was forwarded from the U.S. Fish and Wildlife Service (Service) Raleigh,
North Carolina field office. On May 6, 2021 our office requested additional project information
which was received that same day. We have reviewed the information that you presented, 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);
and 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, the North Carolina Department of Environmental
Quality, Division of Energy, Mineral, and Land Resources, Land Quality Section is requesting
comments on an "Application for a Mining Permit" from Boulder Associates, LLC. Proposed
mine activities to include sediment ponds, stock and waste piles, haul roads and excavation areas
on approximately 297 acres in Stanly County, North Carolina. The applicant has agreed to a
minimum 50-foot wide undisturbed stream and wetland buffers as well as reseeding efforts.
Additionally, the property consists of a successional wooded areas and transitional habitats.
Surrounding habitats are dominated by agricultural fields, commercial development, and wooded
areas.
Federally Listed Species
Suitable summer roosting habitat may be present in the project area for the federally threatened
northern long-eared bat (Myotis septentrionalis), and Service records indicate multiple mist -net
captures of this animal in the project vicinity. However, the final 4(d) rule (effective as of
February 16, 2016), exempts incidental take of northern long-eared bat associated with activities
that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from
a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the
information provided, the project would occur at a location where any incidental take that may

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result from associated activities is exempt under the 4(d) rule. Although not required, we
encourage you to conduct tree removal activities outside of the northern long-eared bat
pup season (June 1 to July 31) and/or the active season (April 1 to October 15). This will
minimize impacts to pups at roosts not yet identified.
The proposed project is in a county that has occurrence records of a federally listed species and
your correspondence indicates that suitable habitat is present onsite for the federally endangered
Schweinitz's sunflower (Helianthus schweinitzii). To ensure that this species is not inadvertently
lost, targeted surveys should be conducted by a qualified botanist where the proposed work
would alter suitable habitats. In lieu of surveys, the Applicant may assume presence of this
species and employ impact avoidance and minimization measures that ensure suitable habitats
are not lost. Surveys are not required where suitable habitats for this species do not occur. Here
is a link to a list of optimal survey windows for federally protected plant species in North
Carolina:
https://www.fws.gov/asheville/pdfs/0ptimal_Survey_Windows_for listed_plants2020.pdf
We request that the Applicant provide our office with survey results to complete our review and
inform a prudent effect determination from the action agency.
In accordance with the Act, it is the responsibility of the appropriate federal agency or its
designated representative to review its activities or programs and to identify any such activities
or programs that may affect endangered or threatened species or their habitats. If it is
determined that the proposed activity may adversely affect any species federally listed as
endangered or threatened, formal consultation with this office must be initiated.
Fish and Wildlife Resource Recommendations
We are also concerned about the potential effects the project could have on other natural
resources within and surrounding the project. We offer the following general recommendations
for the benefit of fish and wildlife resources:
Erosion and Sediment 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 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://deq.nc.gov/about/divisions/energy-mineral-land-resources.
Stream Buffers. Natural, forested riparian buffers are critical to the health of aquatic
ecosystems. They accomplish the following:
1. Catch and filter runoff, thereby helping to prevent nonpoint-source pollutants
from reaching streams.
2. Enhance the in -stream processing of both point- and nonpoint-source
pollutants.
3. 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).
4. Catch and help prevent excess woody debris from entering the stream and
creating logjams.
5. Stabilize stream banks and maintain natural channel morphology.
6. Provide coarse woody debris for habitat structure and most of the dissolved
organic carbon and other nutrients necessary for the aquatic food web.
7. 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.
The Service appreciate the opportunity to provide these comments. Please contact Mrs. Karla
Quast of our staff at [e-mail] if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 21-260.
Sincerely,
-- original signed —
Janet Mizzi
Field Supervisor