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HomeMy WebLinkAbout20201278 Ver 1_USFWS Response_20-082_20201026ua United States Department of the Interior FSERVIUE IFE FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 December 13, 2019 Michael Iagnocco STV Engineers, Inc. 900 West Trade Street, Suite 715 Charlotte, North Carolina 28202-1144 Dear Michael Iagnocco: Subject: Kings Mountain Corporate Center; Gaston County, North Carolina Log No. 4-2-20-082 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated December 6, 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, the proposed project would consist of a commercial development on approximately 166 acres in Kings Mountain, North Carolina. Your correspondence suggests that the proposed work may require authorizations from USACE for impacts to jurisdictional waters of the U.S. Your correspondence indicated that onsite habitats consist of successional forest, cleared open space, riparian areas, wetlands, maintained utility rights -of -way, and transitional habitats. 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 (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 you to avoid any associated tree clearing activities during this animal's maternity roosting season from May 15 — August 15. Suitable habitats for the federally threatened dwarf -flowered heartleaf (Hexastylis naniflora) and federally endangered Schweinitz's sunflower (Helianthus schweinitzii) may occur within the project limits. To ensure that these plants are not inadvertently lost, targeted surveys should be conducted by a qualified botanist where project -mediated impacts to suitable habitats would occur. Surveys are not required where suitable habitats for these species do not occur. Members of the genus Hexastylis may be identified by characteristic evergreen leaves present throughout the year, but flowers are required to diagnose H. naniflora. The flowering window for dwarf flowered heartleaf is March — May. The survey window for Schweinitz's sunflower is late August — October (or first frost). We request that the Applicant provide our office with survey results and/or habitat evaluation to complete our review. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-20-082. Sincerely, - - original signed - - Janet Mizzi Field Supervisor