20200186 Ver 1_USFWS 19-308_Apple Creek Corporate Center Phase 3_Gaston Co_20200204

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 12, 2019
Brandon Phillips
STV Engineers, Inc.
900 West Trade Street, Suite 715
Charlotte, North Carolina 28202-1144
Dear Mr. Phillips:
Subject: Apple Creek Corporate Center Phase 3; Gaston County, North Carolina
Log No. 4-2-19-308
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The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated July 24, 2019 (received July 29, 2019), wherein you solicit our comments
regarding project -mediated impacts to federally protected species. We submit the following
comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as
amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321
et seq.); 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, Gaston County Economic Development Commission and
Alfred Benesch & Company propose to construct a new corporate park on 340 acres near Dallas,
North Carolina. Onsite habitats are diverse, consisting of agricultural fields, mixed
hardwood/pine forest, meadows, forested wetlands, herbaceous wetlands, open water ponds, and
multiple unnamed tributaries to Long Creek. Surrounding landcover is dominated by residential,
commercial, and agricultural developments.
Project design plans, or a description of proposed project -mediated impacts to natural resources
(including waters of the U.S.) were not provided in your July 24, 2019 correspondence. We
request that you provide us with this information, as well as a description of proposed
impact avoidance, minimization, and/or mitigation measures to better inform our
comments.
Federally Listed Endangered and Threatened Species
Suitable summer roosting habitat may be present in the project area for the federally threatened
northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule for this species
(effective as of February 16, 2016), exempts incidental take of this animal 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 (which may or may not require tree clearing) would occur
at a location where any incidental take that may result from associated activities is exempt under
the 4(d) rule for this species. Although not required, we encourage you to avoid any
associated tree clearing activities during this animal's maternity roosting season from May
15 — August 15.
Attached is a list of federally protected species known to occur in Gaston County. Suitable
habitat for these species may be present onsite based on aerial imagery, species records, and the
information provided in your correspondence. Moreover, Service records indicate the presence
of bog turtle (Glyptemys muhlenbergii) and bald eagle (Haliaeetus leucocephalus) in the project
vicinity. To ensure that the species on the list provided are not inadvertently lost, suitable
habitats within the proposed impact area should be surveyed by a qualified biologist
during the appropriate survey window (species survey windows also attached).
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.
We offer the following general recommendations in the interest of protecting natural resources:
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. To the extent that is practical, any associated instream work should occur under
dry conditions utilizing a temporary diversion/pump-around system or other impact minimization
methods. Grading and backfilling should be minimized, and existing native vegetation should be
retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be
revegetated with native grass and tree species as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.
Riparian 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);
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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; and
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 along all aquatic areas. Impervious surfaces, ditches, pipes,
roads, utility lines (sewer, water, gas, transmission, etc.), and other infrastructures that require
maintained, cleared rights -of -way and/or compromise the functions and values of the forested
buffers should not occur within these riparian areas.
Road Crossings
We encourage you to consider the use of bridges or spanning structures 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 and floodplains.
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
sufficiently sized to mimic natural stream functions and habitats located at the crossing site;
allow for water depth, volume (flow), and velocity levels that will permit aquatic organism
passage; and accommodate the movement of debris and bed material during bank -full events.
Widening the stream channel must be avoided.
In the event that a traditional culvert is the only option, the culvert design should provide for a
minimum water depth in the structure during low-flow/dry periods. Sufficient water depth
should be maintained in all flow regimes so as to accommodate both the upstream and
downstream movement of aquatic species. Water depth inside the culvert must be adequate for
fish to be completely immersed and all other aquatic life to move freely. The culvert should be
designed and installed at the same slope as the stream grade to maintain an acceptable water
velocity for aquatic life passage and for stream substrate characteristics to be retained within the
culvert.
Where feasible, we recommend the use of multiple barrels, in addition to the low -flow barrel(s),
to accommodate flood flows. Floodplain barrels should be placed on or near stream bank -full or
floodplain bench elevation and discharge onto floodplain benches. Where appropriate, install
sills on the upstream end of floodplain barrels to restrict or divert the base stream flow to a single
barrel. If the culvert is longer than 40 linear feet, alternating or notched baffles should be
installed in a manner that mimics the existing stream pattern. This will enhance the passage of
aquatic life by: (1) depositing and retaining sediment in the barrel, (2) maintaining channel
depth and flow regimes, and (3) providing resting places for fish and other aquatic organisms.
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Low Impact Development
The Service is concerned about the potential stormwater-mediated impacts to streams and
wetlands onsite. Where detention ponds are used, storm -water outlets should drain through a
vegetated area prior to reaching any natural stream or wetland area. Detention structures should
be designed to allow for the slow discharge of storm water, attenuating the potential adverse
effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges.
Since the purpose of storm -water -control is to protect streams and wetlands, no
storm -water -control measures or best management practices should be installed within any
stream (perennial or intermittent) or wetland. We recommend that retention ponds be located
at least 750 feet from small wetlands to minimize hydrologic disturbance and ecological
function.
We also recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can
be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and
store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids
within the concrete.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at 828/258-3939, Ext. 42225, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-19-308.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
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