20200847 Ver 1_FWS_Response_20200625

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SERVIUE .Fe
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
June 4, 2020
Johanna Velasquez
HDR
440 S. Church Street, Suite 1000
Charlotte, NC 28202
Dear Johanna Velasquez:
Subject: Upper McApline Creek Sewer; Mecklenburg County, North Carolina
Log No. 4-2-20-309
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated May 26, 2020 wherein you solicit our comments regarding project -mediated
impacts to federally protected species and initiate informal consultation. 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, the proposed work would require a Section 404 Nationwide
Permit from the U.S. Army Corps of Engineers and entail the installation of approximately 12,000 linear
feet of new gravity sewer line in Charlotte, North Carolina. Your correspondence also indicates that the
proposed work would increase capacity of municipal sewer collection. Onsite habitats consist of
maintained utility rights -of -way, maintained lands/lawns, and mixed successional forest. The project
area extends approximately 30 acres and aligns with McAlpine Creek and unnamed tributary.
Surrounding land cover is dominated by residential and commercial developments.
Federally Listed Endangered and Threatened Species
According to Service records, 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
(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 (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.
Although not required, we encourage the Applicant to avoid any associated tree clearing activities
during the maternity roosting season from May 15 — August 15.
The site was evaluated for federally protected plant and animal species known to occur in Mecklenburg
County on August 13, 2019 and September 10, 2019, but no evidence for these species were detected at

that time. Based on these negative survey results, we have no concerns for project -mediated impacts to
federally protected species, and we require no further information at this time.
Please be aware that obligations under section 7 of the Endangered Species Act must be reconsidered if:
(1) new information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that
was not considered in this review, or (3) a new species is listed or critical habitat is determined that may
be affected by the identified action.
We offer the following general recommendations on behalf of natural resources:
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing activities
occur. 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 vegetation 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.
Utility Line Crossings
If directional boring cannot be used and open trenching is determined to be the only viable method,
every effort should be made to ensure that impacts to in -stream features are minimized and stable upon
completion of the project. Our past experiences with open -trench crossings indicate that this technique
increases the likelihood for future lateral movement of the stream (which could undercut or erode
around the utility line), and the correction of such problems could result in costly future maintenance
and devastating impacts to natural resources. Therefore, as much work as possible should be
accomplished in the dry, and the amount of disturbance should not exceed what can be successfully
stabilized by the end of the workday. Regardless of the crossing method, all utility lines should cross
streams perpendicularly.
Special consideration should be made with regard to sewer lines associated with crossing areas. These
lines should be maintained at all times in a manner that prevents hazardous discharges to land or surface
waters and should be constructed of ductile iron or a material of equal durability.
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 4-2-20-309.
Sincerely,
J A N ET Digitally signed
by JANET M1771
MI Z Z I 09: 9 077z04 00'4
Janet Mizzi
Field Supervisor