The URL can be used to link to this page

Home My WebLink About20201734 Ver 1_49-12430-A - Lane Street Industrial - Limited NEPA Report_20210127Iiiiiiiiiiiiiiiig ECS SOUTHEAST, LLP "Setting the Standard for Service" � 1. Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078 INC Registered Geologists Firm C-406 SC Registered Engineering Firm 3239 November 17, 2020 Mr. Woody Coley TC MidAtlantic Development V, Inc. 213 East Franklin Street #304 Raleigh, North Carolina 27612 Re: Limited NEPA Report Lane Street Industrial Site 2850 Lane Street Kannapolis, Cabarrus County, North Carolina ECS Project No. 49:12430-A Dear Mr. Coley, ECS Southeast, LLP (ECS) is pleased to provide our results of the Limited National Environmental Policy Act (NEPA) Database Review conducted for the above -referenced site. BACKGROUND INFORMATION The subject site is located at 2850 Lane Street in Kannapolis, Cabarrus County, North Carolina. According to Cabarrus County Online GIS the site is identified as a 95.45-acre portion of Parcel Identification Numbers (PINs) 56336777140000, 56336772400000, 56335899760000, and 56336990190000. The site currently consists of a single-family residence, wooded land, and densely vegetated open fields. The US Geological Survey (USGS) topographic map depicts a stream on the northern portion of the site. Proposed development of this site consists of an approximate 1,000,000 square foot e-commerce structure, associated paved areas, and a BMP area. PRELIMINARY THREATENED AND ENDANGERED SPECIES DETERMINATION Congress passed the Endangered Species Act (ESA) in 1973. The purpose of the ESA is to protect and recover imperiled species and the ecosystems upon which they depend. It is administered by the U.S. Fish and Wildlife Service (USFWS) and the Commerce Department's National Marine Fisheries Service (NMFS). The USFWS has primary responsibility for terrestrial and freshwater organisms, while the responsibilities of NMFS are mainly marine wildlife. Under the ESA, species may be listed as either endangered or threatened. "Endangered" means a species is in danger of extinction throughout all or a significant portion of its range. "Threatened" means a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. For the purposes of the ESA, Congress defined species to include subspecies, varieties, and, for vertebrates, distinct population segments. ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com Limited NEPA Report Lane Street Industrial Site 2850 Lane Street Kannapolis, Cabarrus County, North Carolina ECS Project No. 49:12430-A SITE RECONNAISSANCE ECS personnel conducted a site reconnaissance to identify and assess potential habitat for threatened and endangered species on October 7, 2020. The site consists of wooded land, densely vegetated open areas, and a cleared path that traverses the central portion of the site. A stream was observed on the northern portion of the site. The wooded portions of the site consist of pine and hardwoods approximately 10 to 80 years old with light understory vegetation. The surrounding properties consist of private residences, maintained fields, wooded land, and light industrial properties. DATABASE REVIEW ECS reviewed the USFWS Endangered Species Database to identify federally protected threatened and endangered species in Cabarrus County, North Carolina. The following federally protected Threatened and Endangered species were listed in Mecklenburg County, North Carolina: Common Name Scientific name Federal Status Birds Bald Eagle Haliaeetus leucocephalus BGPA Mammals Northern Long-eared Bat Myotis septentrionalis T Clams Carolina Heelsplitter Lasmigona decorata E Flowering Plants Schweinitz's Sunflower Helianthus schweinitzii E BGPA = Bald and Golden Eagle Protection Act E = Endangered T = Threatened SPECIES/HABITAT DESCRIPTION Bald Eagle Description: Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet. Sometimes confused with Golden Eagles, Bald Eagles are mostly dark brown until they are four to five years old and acquire their characteristic coloring. Habitat: Bald Eagles live near rivers, lakes, and marshes where they can find fish, their staple food. Bald Eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals and carrion. Bald Eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs, Limited NEPA Report Lane Street Industrial Site 2850 Lane Street Kannapolis, Cabarrus County, North Carolina ECS Project No. 49:12430-A rivers, and some seacoasts. In winter, the birds congregate near open water in tall trees for spotting prey and night roosts for sheltering. Conclusions: The site consists of undeveloped land with of pines and hardwoods ranging from 10 to 80 years old and light to dense understory vegetation. A stream was observed on the northern portion of the site. There are no large water features adjacent to or within the site; therefore, a steady food support base is not present on the site. Additionally, bald eagles individuals or bald eagle nests have not been observed within the site. Based on our knowledge of the site, it is ECS's opinion that suitable habitat for the bald eagle is not located within or immediately adjacent to the site, and the bald eagle will not be impacted by the proposed project. Northern Long-eared Bat Description: The northern long-eared bat (NLEB) is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. Their fur color can be medium to dark brown on the back and tawny to pale -brown on the underside. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are actually bats noted for their small ears (Myotis means mouse -eared). The northern long-eared bat is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. The species range includes 37 states. White -nose syndrome, a fungal disease known to affect bats, is currently the predominant threat to this bat, especially throughout the Northeast where the species has declined by up to 99 percent from pre -white -nose syndrome levels at many hibernation sites. Although the disease has not yet spread throughout the northern long-eared bats entire range (white -nose syndrome is currently found in at least 25 of 37 states where the northern long-eared bat occurs), it continues to spread. Experts expect that where it spreads, it will have the same impact as seen in the Northeast. Like most bats, northern long-eared bats emerge at dusk to feed. They primarily fly through the understory of forested areas feeding on moths, flies, leafhoppers, caddisflies, and beetles, which they catch while in flight using echolocation or by gleaning motionless insects from vegetation. Habitat: NLEB spend winter hibernating in caves and mines, called hibernacula. They use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. Within hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and ears visible. During the summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees). Males and non -reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting Limited NEPA Report Lane Street Industrial Site 2850 Lane Street Kannapolis, Cabarrus County, North Carolina ECS Project No. 49:12430-A roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds. Conclusions: The site consists of undeveloped land with of pines and hardwoods ranging from 10 to 80 years old and light to dense understory vegetation. A stream was observed on the northern portion of the site. There are no caves or hibernacula located within the site. The project will not include removing a NLEB known occupied maternity roost tree or any trees within 150 feet of a known occupied maternity roost tree from June 1 through July 31 or removing any trees within 0.25 miles of a NLEB hibernaculum. Therefore, it is the opinion of ECS this species will not be impacted by the proposed project. According to the USFWS Key to Northern Long-eared Bat 4(d) Rule for Non - Federal Activities (see attached), Incidental take (see Definitions below) from tree removal activities is not prohibited unless it results from removing a known occupied maternity roost tree or from tree removal activities within 150 feet of a known occupied maternity roost tree from June 1 through July 31 or results from tree removal activities within 0.25 mile of a hibernaculum at any time. You may proceed with your activity, you do not need a permit and you do not need to contact the USFWS. Incidental take is defined by the Endangered Species Act as take that is "incidental to, and not the purpose of, the carrying out of an otherwise lawful activity." Carolina Heelsplitter Description: The Carolina heelsplitter was first described in 1852. It has an ovate, trapezoid - shaped shell. The outer surface of the shell varies from greenish brown to dark brown in color, and shells from younger specimens have faint greenish brown or black rays. The nacre (inside surface) is often pearly white to bluish white, grading to orange in the deepest part of the shell. However, in older specimens the entire nacre may be a mottled pale orange. Habitat: The Carolina heelsplitter requires cool, clean, well -oxygenated water. Stable, silt - free stream bottoms appear to be critical to the species. Typically stable areas occur where the stream banks are well -vegetated with trees and shrubs. Conclusions: A stream was observed on the northern portion of the site. Proposed development plans that intersect this stream consist of an entrance driveway. A general assessment conducted in this area did not identify mussel species. Moderate amounts of silt were observed on the stream bottom and in the water column. Based on site observations, potential suitable habitat does not exist in the on -site stream; additionally, individuals of any mussel species were not identified within the proposed developed area. Therefore, ECS concludes that the planned development of this property will have no effect on the Carolina Heelsplitter. Limited NEPA Report Lane Street Industrial Site 2850 Lane Street Kannapolis, Cabarrus County, North Carolina ECS Project No. 49:12430-A Schweinitz's Sunflower Description: Schweinitz's Sunflower is a perennial herb that produces solitary stems, up to 2 m tall and bears yellow flower heads in late summer and early autumn. Habitat: Schweinitz's Sunflower occurs in clearings, and edges of, upland oak -pine - hickory woods and piedmont longleaf pine forests in moist to dryish sandy loams. The sunflower requires full to partial sun of an open habitat, which was formerly maintained over the species' range by wildfires and grazing by herds of bison and elk. Now most occurrences are confined to roadsides and powerline clearings. Conclusions: The site consists of undeveloped land with of pines and hardwoods ranging from 10 to 80 years old and light to dense understory vegetation Open areas are densely vegetated. The site does contain potentially suitable habitat for Schweinitz's sunflower, including along the roadway right-of-ways and along the cleared paths on the central portion of the site. ECS conducted a targeted survey by thoroughly transecting and assessing each area of potential habitat. Vegetation along the road right-of-ways and the cleared path on the central portion of the site was moderately to extremely dense. ECS did not identify individuals of Schweinitz's Sunflower during survey of these areas. Therefore, ECS concludes that the planned development of this property will have no effect on this species. AGENCY CORRESPONDENCE ECS composed letter requests addressed to the Natural Heritage Program (NHP) on November 16, 2020, and the USFWS, and the State Historic Preservation office (SHPO) on October 9, 2020 to determine if the PSA is located in the immediate vicinity of registered sightings or habitats for endangered species. ECS received a response from the NHP on November 16, 2020 which states that based on a query of the NHP database, no records of rare species, important natural communities, natural areas, or conservation areas are located within the PSA. A copy of this correspondence is attached. ECS received a response from Ms. Renee Gledhill -Earley, SHPO Representative, on November 10, 2020. The letter states that the SHPO has conducted a review of the project and are aware of no potential resources which would be affected by the project. Therefore, SHPO has no further comment on the project as proposed. A copy of this correspondence is attached. ECS received a letter response from Janet Mizzi, Fish and Wildlife Biologist, with the USFWS on November 16, 2020. Ms. Mizzi stated that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. Furthermore, the letter stated, "Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a) (2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must Limited NEPA Report Lane Street Industrial Site 2850 Lane Street Kannapolis, Cabarrus County, North Carolina ECS Project No. 49:12430-A 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 determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site." A copy of this correspondence is attached. Limited NEPA Report Lane Street Industrial Site 2850 Lane Street Kannapolis, Cabarrus County, North Carolina ECS Project No. 49:12430-A CONCLUSIONS ECS has conducted a preliminary threatened and endangered species determination and a preliminary historic and archaeological resources review for the site. Please note that our services did not include detailed studies for threatened and endangered species or historic and archaeological resources. Based on our knowledge, habitat description, and agency concurrence from NCSHPO, NCNHP, and the USFWS, it appears that the proposed action will not affect cultural or archaeological resources, and is not likely to adversely affect threatened and endangered species, their formally designated critical habitat, or species currently proposed for listing under the ACT at the site. It will also not effect cultural or archeological resources either. Depending on the nature of the proposed project, additional assessments may be required. In order to protect aquatic resources, erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down gradient surface waters. In addition, ECS recommends maintaining natural, vegetative buffers on all streams and surface waters on site and adjacent to the PSA. CLOSING ECS appreciates the opportunity to provide our services to you. Please contact us at (704) 525- 5152 if you have questions or require additional information. Sincerely, ECS Southeast, LLP Jenna Dew Assistant Staff Project Manager Jdewa-ecslimited.com Attachments: Figure 1 - Site Location Map Figure 2 - USGS Topographic Map Figure 3 — Aerial Map Agency Correspondence 0. rv'o.�-,4 1� ?1�11 Brandon Fulton, LSS, PSC PWS Environmental Principal Bfultona-ecslimited.com k as rL Ord 71 LL r me R(r GLI'3eva Michelle Df te ��IW[30d St 0 b T Z Ro w;2 n rn CL C 2 bn r r u .5 D� L an mar C Lalo-- Fisher � Rd -Pe_ 4f / C, If 2 CI Eli EL rg fn 500 m 12000 ft Leaat Powered by Esri City of r-har1lotte, County of Catkarrus, Rawa n County. State of North Carolina DOT, Esd, H ERE, Garmin, INCREM ENT P. . IN AW Figure 1 A Sfte Location Map ,W+ Lane Street Iridustriial $ 2850 Lane Street Kannapolis, North Carolina 28083 E5 L t \ % . . � I. IN NORTH CAROL|NA �\ loom Figure 2 « USOSTopographic Map «+ I-ane Street%dAMal $ 2850LD Street Kannapolis, \off Carolina 28083 � \\\ �\. Leaflet Ite mu sy¥th c« o�gm k_y EG cy f y.F art {: AJi 4 Ilk Ar i.l.l 1 t3 ..4i Rd �y Figure 3 Lea Flat I Powered by Esri I NU UGI k USDA Aerial Photograph Lane Street Industrial EG 2850 Lane Street Kannapolis, North Carolina 28083 ■ ■■■ Roy Cooper. Governor 00 0 NC DEPARTMENT OF Susi Hamilton, Secretary ■■L■■ NATURAL AND CULTURAL RESOURCES IN won Walter Clark, Director, Land and Water Stewardship NCNHDE-13332 November 16, 2020 Jenna Dew ECS Southeast, LLP 1812 Center Park Drive Charlotte, NC 28217 RE. Lane Street Industrial, 12430-A Dear Jenna Dew. The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodnev.butlerWncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH. NC 27699 & OFC g19.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Lane Street Industrial Project No. 12430-A November 16, 2020 NCNHDE-13332 No Element Occurrences are Documented Within a One -mile Radius of the Project Area No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Three Rivers Land Trust Easement Three Rivers Land Trust Private Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on November 16, 2020; source: NCNHP, Q3 October 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-13332: Lane Street Industrial 'on sr - O _ 'N000lawn SI � �, 85 �D _ _ _ _Englewood SI y Lip $ 11 a S, -- — - u ,. fare 3f iLn J' q` 796rc- st 8 w,F Mt Mitchell "', Lake Fisher - - sa o �, e�,�.�'r 8f0lf - - �'� nom 7 n rky ��'gak S_ BranlleY RO Orroic s+ r &rook, Hy o BS/ 'PorA° F4cre�Rw a �e "F0 ao Heilmans Mill N aZ, c % W�E s November 16, 2020 Project Boundary Buffered Project Boundary Managed Area (MAREA) I n Ra G ego 1:25,383 0 0.2 0.4 0.8 rni 0 0.325 0.65 1.3 kln Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NIPS, NRCAN, GeoBase, IGN, Kadaster NIL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Page 3 of 3 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton November 10, 2020 Jenna N. Dew Office of Archives and History Deputy Secretary Kevin Cherry jdew&ecslimited.com ECS Southeast, LLP 1812 Center Park Drive, Suite D Charlotte, NC 28217 Re: Construct industrial park, 2850 Lane Street, Kannapolis, Cabarrus County, ER 20-2217 Dear Ms. Dew: Thank you for your email of October 9, 2020, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(cr�,ncdcr. og_v. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6598 ua United States Department of the Interior FSERVIUE IFE FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 November 16, 2020 Jenna Dew ECS Southeast 1812 Center Park Drive, Suite D Charlotte, North Carolina 28217 JDew@ecslimited.com Dear Jenna Dew: Subject: Lane Street Industrial; Cabarrus County, North Carolina Log No. 4-2-21-031 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence received October 13, 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 likely entail the construction of a (1,000,000 W) industrial building with associated paved areas on approximately 95 acres in Kannapolis, North Carolina. Onsite habitats appear to consist of mixed successional forest, riparian areas, agricultural fields, and transitional edge habitats. Your correspondence indicates that jurisdictional waters of the U.S are present onsite, suggesting that the proposed development may also require USACE authorization. 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 not required, we encourage the Applicant to avoid any associated tree clearing activities during the maternity roosting season from May 15 — August 15. According to the information provided, suitable habitat occurs onsite for the endangered Schweinitz's sunflower (Helianthus schweinitzii). Your correspondence indicates that a targeted survey of potential habitats was conducted within the optimal survey window for this species. Based on the presence of its suitable habitat onsite, but negative survey results collected during the optimal survey window, we would concur with a "may affect, not likely to adversely affect determination" for this species from the applicable action agency. Based on the information provided, suitable habitat is not present onsite for any other federally protected species 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: Bald Eagle Although the Service has no record of known occurrences in the immediate vicinity, the project area lies within the range of the bald eagle (Haliaeetus leucocephalus) and suitable nesting habitat may be present onsite near Lake Fisher. The bald eagle has been removed from the federal list of endangered and threatened species due to its recovery. However, this species is afforded legal protection by the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) and the Migratory Bird Treaty Act (16 U.S.C. 703-712). The Bald and Golden Eagle Protection Act, enacted in 1940, and amended several times, prohibits anyone without a permit issued by the Secretary of the Interior from "taking" bald eagles, including their parts, nests, or eggs. "Take" includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb (16 U.S.C. 668c; 50 CFR 22.3). "Disturb" means "To agitate or bother a bald or golden eagle to the degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, causing injury, death, or nest abandonment." In addition to immediate impacts, these definitions also cover impacts that result from human -induced alterations around a previously used nest site during a time when eagles are not present if, upon an eagle's return, such alterations agitate or bother the eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits and causes injury, death, or nest abandonment. If any active nests are located within a half mile of the project site, we request that work at the site be restricted from mid -January through July in order to prevent adverse impacts to the bald eagle. This will prevent disturbance of the eagles from the egg -laying period until the young fledge, which encompasses their most vulnerable times. 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. 2 Low Impact Development The Service is concerned about the potential stormwater-mediated impacts to streams and wetlands onsite. Where detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. Since the purpose of storm -water -control is to protect streams and wetlands, no storm -water -control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. We recommend that retention ponds be located at least 750 feet from small wetlands to minimize hydrologic disturbance and ecological function. 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. 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 4-2-21-031. Sincerely, - - original signed - - Janet Mizzi Field Supervisor 3