20220901_USFWS_22-717

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 1, 2022
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 the Bart's Place in Maggie Valley, Haywood County, North Carolina.
Dear Mr. Parr:
On August 15, 2022, 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, William Barton Campbell and Regina Pace Hunter propose to
mine boulders and large rock at Bart's Place mine on approximately 50 acres off Campbell Creek Road in
Maggie Valley, Haywood 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
mine will have a federal nexus and be subject to section 7 consultation.
If a federal nexus is established, below is a list of species known from Haywood County that should be
considered in a biological assessment and/or biological evaluation prepared for this project.
Species
Status'
Carolina northern flying squirrel
Glaucomys sabrinus coloratus
E
Gray bat
Myotis grisescens
E
Indiana bat
Myotis sodalis
E
Northern long-eared bat
Myotis septentrionalis
T, PE
Rock gnome lichen
Gymnoderma lineare
E
Small whorled pogonia
Isotria medeoloides
T
Spreading avens
Geum radiatum
E
'E = endangered, PE = proposed endangered, and T = threatened.

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).
Fish and Wildlife Resource Recommendations
We offer the following general recommendations for the benefit of fish and wildlife resources:
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 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.
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 4-2-22-717.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
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