20201296 Ver 1_9b_20201116_USFWS_Response (KQ-BH)_20201202

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801

November 16, 2020

Chris Tinklenburg
Kimley-Horn
200 South Tryon Street, Suite 200
Charlotte, North Carolina 28202

Dear Chris Tinklenburg:

Subject: Cross Charlotte Trail; Mecklenburg County, North Carolina Log No. 4-2-21-032

The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated October 9, 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, a trail project would be constructed on approximately
fouracres in Charlotte, North Carolina. Your correspondence indicates that Jurisdictional Waters
of the U.S. are present onsite, and that you anticipate needing authorization from the USACE for
project-mediated impacts to those features. However, impacts to natural resources resulting from
the proposed action 1, and proposed impact avoidance measures were not described in your
correspondence. Onsite habitats are composed of right-of-ways, railroad crossings and
sidewalks. Surrounding land use is dominated by residential and commercial developments and
highly disturbed from a legacy of development activities.

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

1 Pursuant to 50 CFR §402.02, the Action Area includes all areas to be affected directly or indirectly by the Federal
action and not merely the immediate area involved in the action. Moreover, the Effects of the Action are all
consequences to listed species or critical habitat that are caused by the proposed action, including the consequences
of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it
would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur
later in time and may include consequences occurring outside the immediate area involved in the action (see also 50
CFR §402.17)
2

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.

Albeit low quality, suitable habitats also occur onsite for the federally endangered smooth
coneflower (Echinacea laevigata), Michaux’s sumac (Rhus michauxii), and Schweinitz’s
sunflower (Helianthus schweinitzii). Onsite areas that may support these plants were surveyed
October 2020, but no occurrences were detected at that time. Based on the information provided,
we would concur with the proposed “may affect, not likely to adversely affect determination” for
these species from the appropriate action agency 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.

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 4-2-21-032

Sincerely,

- - original signed - -

Janet Mizzi
Field Supervisor