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Home My WebLink About20201533 Ver 1_Cabarrus and Stanly Co (Survey Results) (BH edits)_20201120ua United States Department of the Interior SERVIUE FISH AND WILDLIFE SERVICE Asheville Field Office ; 160 Zillicoa Street Asheville, North Carolina 28801 October 23, 2020 Jesse Brown Senior Environmental Scientist Burns & McDonnell 3650 Mansell Road, Suite 300 Alpharetta, GA 30022 Jabrown3@bumsmcd.com Dear Jesse Brown: Subject: Rocky River HDD Project; Cabarrus and Stanly Counties, North Carolina Log No. 4-2- 20-475 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated October 14, 2020, 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 entail the installation of 1,5001f of new 30 inch natural gas pipeline in Cabarrus County, NC. The purpose of this project is to replace a portion of pipeline which has corroded underneath the Rocky River. The new pipeline will cross underneath the Rocky River using horizontal directional drilling to minimize impacts, as well as cross two additional land types consisting of primarily mixed hardwood forest and agricultural fields. The proposed project area described in your correspondence is approximately 70+ acres and is composed of a diverse suite of habitat types including mixed forest, single-family residences, agricultural lands, maintained rights of way, roadsides, riparian areas, streams, wetlands, and a variety of transitional habitats. Federally Protected Species According to Service records and conclusions of your evaluation, suitable summer roosting habitat is present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final4(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 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 the Applicant to avoid any associated tree clearing activities during the maternity roosting season from May 15 — August 15. The information provided suggests that potential suitable habitat for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii), occurs onsite (e.g. transitional areas along forest edges, fencerows, roadsides, utility rights -of -way, etc.). However, targeted surveys conducted during the optimal survey window, September 22, 2020, did not detect any evidence for this species. Therefore, we would concur with a "may affect, not likely to adversely affect" determination from the appropriate action agency for this species. Based on the information provided and apparent lack of suitable habitat, we do not have 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. We offer the following comments in the interest of protecting this species and other natural resources: Our habitat suitability models predict the presence of the Eastern Creekshell (Villosa delumbis) in project receiving waters. This is a species of concern and is not afforded legal protection under the Act at this time. However, incorporating proactive conservation measures on their behalf may preclude the need to list it in the future. Like many sessile aquatic benthic macroinvertebrates, this animal is highly susceptible to perturbations in water quality and habitat loss. Project design and implementation should consider these potential impacts to avoid inadvertent impacts to these sensitive species. Utility Line Crossings All utility lines should cross streams perpendicularly. Where directional drilling is proposed, we request that the Applicant develop and implement a frac-out contingency plan to minimize potential impacts from an inadvertent spill of drilling fluid. We request that any frac-out contingency plan developed for this project provide for a pump truck to be stationed onsite so as to respond quickly in case of a spill. We also recommend that a qualified biologist monitor the work area until the work is complete in order to identify any additional on -site impact -minimization measures. The Service may be available to assist you in this effort. 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. 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); 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. To the extent that is practical, we encourage the Applicant to establish forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide along perennial streams. Please bear in mind that 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. State -Protected Natural Resources If you have not done so already, we encourage you to solicit comments from the North Carolina Wildlife Resources Commission regarding potential project -mediated impacts to state -protected natural resources. The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at byron_hamstead@fws.gov, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-20-475. Sincerely, - - original signed - - Janet Mizzi Field Supervisor