20200790 Ver 1_USFWS Comments_20200722

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United States Department of the Interior FSERVIUE
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FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
July 22, 2020
David Brown
USACE Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Dear David Brown:
Subject: Foster Creek Stream Restoration Project; Henderson County, North Carolina
Log No. 4-2-20-338
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated June 17, 2020 wherein you solicit our comments regarding project -
mediated impacts to federally protected species and initiated 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 project aims to restore 2,740 linear fee of
Foster Creek in Mills River, North Carolina. The proposed work would entail bank grading,
installation of instream and bank structures (lithic and woody materials), and establish a native
riparian buffer in an effort to stabilize degrading habitat conditions. The proposed project would
not be constructed under dry working conditions, but would employ flow diversions away from
active work areas.
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 mayor 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 recent surveys for the federally endangered Appalachian elktoe (Alasmidonta
raveneliana) did not detect this animal in the project area, Service records indicate known
occurrences in project receiving waters (Mills River). We are concerned for potential indirect
impacts to downstream occurrences of this species via sediment loss and/or water quality

degradation. Appalachian elkote is a sessile benthic filter -feeding animal and is highly
susceptible to these impacts. We believe that if the Applicant adheres to the following
conditions (in addition to regional and general conditions outlined for NWP 27), we would
concur with a "may affect, not likely to adversely affect" determination for this species:
1) Measures to control sediment and erosion should be installed before any
ground -disturbing activities occur.
2) Disturbed areas should be revegetated with native vegetation as soon as the project is
completed.
3) Ground disturbance should be limited to what will be stabilized quickly, preferably by the
end of the workday. At a minimum, disturbed areas should be stabilized within five
working days or seven calendar days, whichever is shorter.
4) 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.
The Service has no concerns for project -mediated impacts to any other federally protected
species and we require no further action 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.
Hellbenders
Records of the eastern hellbender (Cryptobranchus alleganiensis) occur in the project vicinity.
Our office considers this animal a species of concern and it is not currently afforded legal
protection under the Act. However, incorporating proactive conservation measures on its behalf
may preclude the need to list it in the future. We encourage project proponents to consider
retaining, and/or incorporating large flat rock material into the project design that may serve as
shelters for this species. At your request, the Service is available to provide specific guidance
regarding shelter dimensions and position.
We encourage the Applicant to safely recover and relocate any hellbenders detected during
project construction. Animals should be relocated (via bucket) to the Mills River upstream of the
Foster Creek confluence and notify this office and the NCWRC.
Pollinator Habitat
Pollinators, such as most bees, some birds and bats, or other insects, including moths and
butterflies, play a crucial role in the reproduction of flowering plants and in the production of
most fruits and vegetables. The rusty -patched bumble bee (Bombus affinis) historically occurred
in North Carolina's Mountain and Piedmont provinces. Although not required, we encourage the
Applicant to consider our recommendations below to benefit pollinators. Moreover, the creation
and maintenance of pollinator habitats at this site may increase the value of the project for the
community and help reduce the spread of invasive exotic plants. Please consider the following:
1. Sow native seed mixes in disturbed areas or in designated pollinator areas with plants
that bloom throughout the entire growing season.

2. Taller growing pollinator plant species should be planted around the periphery of the
site and anywhere on the site where mowing can be restricted during the summer
months. Taller plants, left un-mowed during the summer, would provide benefits to
pollinators, habitat to ground nesting/feeding birds, and cover for small mammals.
3. Low growing/groundcover native species should be planted in areas that need to be
maintained. This would provide benefits to pollinators while also minimizing the
amount of maintenance such as mowing and herbicide treatment. Milk weed species
are an important host plant for monarch butterflies.
4. Avoid mowing of flowering plants. Designated pollinator areas show be mow only
50% of the plant height, but no lower than 8 inches.
5. Avoid mowing outside the active season for rusty -patched bumble bee and other
pollinators (April 15 — October 15).
6. Avoid the use of pesticides and specifically neonicotinoids.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail], if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-20-338.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor