20180066 Ver 1_19-325_USFWS_20201023

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 13, 2019
Megan Engel
RES
302 Jefferson Street, Suite 110
Raleigh, North Carolina 27605
Dear Ms. Engel:
Subject: Dead Oak Mitigation Project (Scoping); Buncombe County, North Carolina
Log No. 4-2-19-325
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated July 12, 2019 wherein you solicit comments regarding potential impacts to
federally protected species that may result from the proposed project. 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, enhance, and
preserve >11,000 linear feet of stream channel adjacent to the Sandy Mush Game Lands near
Alexander, North Carolina. The proposed work area and adjacent uplands are dominated by
agricultural landcover (primarily pasture).
Federally Listed Endangered and Threatened Species
According to Service records and the aerial imagery provided in your correspondence, suitable
summer roosting habitat may be present in the project area for the federally threatened northern
long-eared bat (Myotis septentrionalis). However, the project 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. In the interest of protecting habitats for this and other species, tree removal should
be selective and clearing of vegetation should be minimized to what is necessary to provide
healthy streambank and bed habitats. Reaches with well -vegetated riparian areas should be first
considered for preservation, rather than for restoration or enhancement activities to preclude
unwarranted disturbances to existing habitats. We encourage you to avoid associated tree
clearing activities during the maternity roosting season from May 15 — August 15, and
particularly during the pup season (June 1 — July 31).
Based on the information provided and Service species records, no other federally protected
species or their respective habitats occur within the project area and we require no further action
at this time. Please be aware that 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 these and other fish
and wildlife resources:
Stream Channel and Bank Restoration
A natural, stable stream system is one that is able to transport a wide range of flows and
associated sediment bed load while maintaining channel features and neither degrading nor
aggrading. Alterations to the dimension, pattern, or profile of the stream channel as well as
changes to streambank vegetation, floodplains, hydrology, or sediment input can significantly
alter this equilibrium. We understand that this stream reach is highly modified, and restoring the
site to a natural state may not be feasible. Still we offer the following recommendations:
Only the absolute minimum amount of work should be done within stream channels to
accomplish necessary reconstruction. The amount of disturbance to in -stream and
riparian areas should not exceed what can be stabilized by the end of the workday.
Restoration plans should account for the constraints of the site and the opportunities to
improve stream pattern, dimension, and profile with minimal disturbance.
2. Reconstruction work should follow natural channel design methodologies that are based
on the bank -full, or channel -forming, stage of the stream. Bank -full stage maintains the
natural channel dimensions and transports the bulk of sediment over time. Natural
channel conditions should be identified using a reference reach (nearby stream reaches
that exemplify restoration goals). Restoration design should match the pattern,
dimension, and profile of the reference reach to ensure the project's success. The Service
is available to assist with the identification of reference reaches.
All work in or adjacent to stream waters should be conducted in a dry work area to the
extent possible. Sandbags, cofferdams, bladder dams, or other diversion structures
should be used to prevent excavation in flowing water. These diversion structures should
be removed as soon as the work area is stable.
4. Equipment should not be operated in the stream unless absolutely necessary. Machinery
should be operated from the banks in a fashion that minimizes disturbance to woody
vegetation. Equipment should be: (a) washed to remove any contaminant residue prior
to project construction, (b) in good working order, and (c) checked to ensure there are no
leaks of potential contaminants (such as oil or other lubricants) prior to and during
construction.
5. Streambanks with deep-rooted woody vegetation are the most stable, and stream
restoration efforts should incorporate the use of native vegetation adapted to the site

conditions. Live dormant stakes may be used to reestablish root structure in riparian
areas.
In areas where banks are severely undercut, high, and steep, whole -tree revetment or rock
may be used as a stabilization treatment (small rock, gravel, sand, and dirt are not
recommended due to their erosive nature), and it should not extend above the bank -full
elevation (the elevation of the channel where the natural floodplain begins).
Deep -rooting woody vegetation should be established along banks where any channel
work is accomplished. Tree and shrub plantings should be spaced at intervals no greater
than 10 feet along banks. Vegetated riparian zone widths should be as wide as practical
but should extend at least 30 feet from the stream channel.
6. Adequate measures to control sediment and erosion must be implemented prior to any
ground -disturbing activities in order to minimize effects on downstream aquatic
resources. In North Carolina, non -cohesive and erosion -prone soils are most common in
the felsic-crystalline terrains of the mountain and upper piedmont regions. Therefore,
reconstruction work should be staged such that disturbed areas would be stabilized with
seeding, mulch, and/or biodegradable (coir) erosion -control matting prior to the end of
each workday. No erosion -control matting or blankets should contain synthetic
(netting) materials as they trap animals and can persist in the environment beyond
their intended purpose. Matting should be secured in place with staples; stakes; or,
wherever possible, live stakes of native trees. If rain is expected prior to temporary seed
establishment, additional measures should be implemented to protect water quality along
slopes and overburden stockpiles (for example, stockpiles may be covered with plastic or
other geotextile material and surrounded with silt fencing).
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 4-2-19-325.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor