20211206_USFWS_22-313

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
December 6, 2021
Mr. Adam Parr
Assistant State Mining Engineer
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699
Subject: Steel Gray Mine Modification in Spruce Pine, Mitchell County, North Carolina.
Dear Mr. Parr:
On November 18, 2021, 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 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); 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, Buechel Stone Corporation (BSC) proposes 1.35 acres of
additional mining associated with the Steel Gray Mine adjacent to the North Toe River and accessed from
Washburn Road and Altapass Highway in Spruce Pine, Mitchell County, North Carolina. BSC is
requesting a mining permit modification from the NC Division of Energy, Mineral, and Land Resources
(DEMLR). The entire Mine Permit Application was provided for review and includes:
• Mine Permit Application
• Mining Plan
• Stormwater Management, Erosion Control and Details
• Blasting Plan and Checklist
• Mine Reclamation and Revegetation Plan
• Adjoining Landowner Information
• 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 Mitchell County and for which we have concerns.
Species
Status'
Appalachian elktoe
Alasmidonta raveneliana
E
Gray bat
Myotis grisescens
E
Little brown bat
Myotis lucifugus
ARS
Monarch butterfly
Danaus plexippus
CAN

Mr. Parr — DEMLR
2
Species
Status'
Northern long-eared bat
Myotis septentrionalis
T
Tricolored bat
Perimyotis subflavus
ARS
Virginia spiraea
Spiraea virginiana
T
'E = endangered, T = threatened, ARS = at -risk species, and CAN =
candidate species.
Because Appalachian elktoe, gray bat, northern long-eared bat, and Virginia spiraea are known to occur in
the county, these species should be considered in any biological assessment and/or biological evaluation
(BA/BE) prepared for this project. Guidance on what is included in a complete BABE can be found at the
following links:
• https:llwww.fws.govlashevillelhtmis/project review/assessment_guidance.html
• https://www.fvs.gov/midWest/endangeredlsection7/ba_guide.html
Little brown bat and tricolored bat are at -risk species (ARS) and monarch butterfly is a candidate (CAN)
species. 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 assistance in protecting them. Although not required, we
recommend that the presence/absence of these species in the action area be addressed in any BABE
prepared for this project. Additionally, we encourage you to coordinate the project with the NC Wildlife
Resources Commission on behalf of these species.
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.
Floodplains and Riparian Buffers
Executive Order 11988 requires federal agencies (and their designated non-federal representatives) to
consider and protect floodplain functions. We believe the examples of flooding in this area of North
Carolina highlight the importance of avoiding the long- and short-term impacts associated with
occupancy and modification of floodplains and that we should avoid any direct or indirect support of
floodplain development. Therefore, we do not believe the subject project should be built in the 100-year
floodplain or in any way result in the alteration of the 100-year floodplain.
The potential detrimental effects of floodplain mining are serious and numerous. For example, stockpiles
of overburden and gravel left or abandoned in the channel or floodplain can alter channel hydraulics
during high flows; dry -pit and wet -pit mining in floodplains may reduce groundwater elevations, reduce
stream flows, increase water temperature, and create potential for fish entrapment. Additionally, the

Mr. Parr — DEMLR
destruction of the riparian zone during extraction operations can have multiple deleterious effects on the
habitat for aquatic species.'
Floodplains and terraces (former floodplains) are the sites of sediment storage in stream systems and can
contain large quantities of sand and gravel. Floodplain mining can disrupt the preexisting balance
between sediment supply and transporting capacity, which results in channel incision and bed
degradation. Additionally, a floodplain mine can cause major instability in the adjacent stream channel
when lateral channel movement or overbank flows redirect the active channel through the excavation pit.
When floodplain pits "capture" the active channel, off -channel mines become in -stream mines that then
produce the negative impacts associated with in -stream excavation. Channel capture often happens
abruptly and usually occurs where the excavation pit creates a path of least resistance, typically where the
path is a shorter distance for flow to move down a valley. Captured pits that are large (relative to the
stream channel) create lake -like environments that can locally change environmental conditions and
therefore the biological community.
Because federally regulated critical habitat for Appalachian elktoe is located downstream of the mine, it is
critical that no sediment from the mine enter the North Toe River. Sediment that is removed from
sediment traps should be disposed of in upland locations and should never be "flushed" into adjacent
waterways. Siltation has been documented to adversely affect native freshwater mussels, both directly
and indirectly.' Siltation degrades water and substrate quality, limiting the available habitat for
freshwater mussels (and their fish hosts), thereby limiting their distribution and potential for the
expansion and maintenance of their populations; irritates and clogs the gills of filter -feeding mussels,
resulting in reduced feeding and respiration; smothers mussels if sufficient accumulation occurs; and
increases the potential exposure of the mussels to other pollutants. Less than 2.5 centimeters (1 inch) of
sediment deposition causes high mortality in most mussel species. Sediment accumulations that are less
than lethal to adults may adversely affect or prevent the recruitment of juvenile mussels into the
population. In addition, sediment loading in rivers and streams during periods of high discharge is
abrasive to mussel shells. Erosion of the outer shell allows acids to reach and corrode underlying layers
that are composed primarily of calcium, which dissolves under acid conditions.
The map included with the application indicates there will be a 50-foot buffer between the mining area
and the North Toe River. In 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.) Implementation of the recommended buffers will greatly reduce the
likelihood of adverse impacts to the North Toe River and the Appalachian elktoe. Impervious surfaces,
ditches, pipes, roads, utility lines (sewer, water, gas, transmission, etc.), other infrastructure that requires
maintenance, cleared rights -of -way and/or any other project components that may compromise the
functions and values of the forested buffers should not occur within these riparian areas.
'North Carolina Chapter, American Fisheries Society. February 6, 2002. Position Paper on Instream Sand and Gravel
Mining Activities in North Carolina, www.sdafs.orglncafs/newsletters/March2002/InstreamMiningPosition.doc.
2D. W. Aldridge, B. S. Payne, and A. C. Miller. 1987. The effects on intermittent exposure to suspended solids and
turbulence on three species of freshwater mussels. Environmental Pollution 1987:17-28; M. M. Ellis. 1936. Erosion
silt as a factor in aquatic environments. Ecology. 17:29-42; L. L. Marking and T. D. Bills. 1979. Acute effects of
silt and sand sedimentation on freshwater mussels. Pp. 204-211 in J. L. Rasmussen, ed. Proc. of the UMRCC
symposium on the Upper Mississippi River bivalve mollusks. UMRCC. Rock Island, IL. 270 pp.

Mr. Parr — DEMLR 4
Reclamation
We are concerned about the introduction and spread of invasive exotic species, including Korean
lespedeza, fescue, common Bermuda, and crown vetch, 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.3 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.a 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 plants5 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.
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 U.S. Fish and Wildlife Service (Service) within 24 hours.
• 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
3D.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.
4D. Pimentel, L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous
species in the United States. BioScience 50:53-65.
5Lists 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. Parr — DEMLR
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.
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 4-2-22-313.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor