20201935 Ver 1_U-6251 Buncombe USFWS Response Letter_20210318

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

May 13, 2020
Bryan Ro ger
Division 13 Environmental Officer
55 Orange Street
Asheville, NC 28801

Subject: 20-271; U-6251 Enka Park Access Road; Buncombe Co, NC

Dear Bryan Roger,

This responds to your email received by our office on April 20, 2020, concerning the subject
project. We have reviewed the information presented and submit the following comments and
recommendations in accordance with the provisions of Section 7 of the Endangered Species Act
of 1973, as amended (16 U.S.C. §§1531-1543); the Fish and Wildlife Coordination Act, as
amended (16 U.S.C. §§661-667e); the Clean Water Act (33 U.S.C. §1251 et seq.); the Migratory
Bird Treaty Act (16 U.S.C. §§703-712); and the National Environmental Policy Act (42 U.S.C.
§4321 et seq.).

Project Summary

The North Carolina Department of Transportation (NCDOT) proposes to construct .20 miles of
industrial access for a new manufacturing facility in Enka Commerce Park of Buncombe County,
NC. Project includes the installation of a traffic signal and completing the bridge construction
over Hominy Creek. Surrounding land use is dominated by commercial and residential
developments. This, along with maps, was the only information provided.

We offer the following recommendations in the interest of protecting federally threatened and
endangered species, migratory birds, as well as other fish, wildlife, and natural resources.

Federally Listed Endangered and Threatened Species
In accordance with section 7 (a)(2) of the Endangered Species Act and 50 CFR Part 402.01,
before any federal authorization/permits or funding can be issued for this project, it is the
responsibility of the appropriate federal regulatory/permitting and/or funding agency(ies) to
determine whether the project may affect any federally endangered or threatened species (listed
species) o r designated critical habitat. A species list for counties in North Carolina can be found
online here: https://www.fws.gov/raleigh/species/cntylist/nc_counties.html. If it is determined
that this project may affect any listed species or designated critical habitat, you must initiate
section 7 consultation with this office. Please note that federal species of concern are not legally
protected under the Endangered Species Act and are not subject to any of its provisions,
including section 7, unless they are formally proposed or listed as endangered or threatened.

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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 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 conduct any associated tree clearing activities outside the pup season
(June 1 to July 31) and/or active season (April 1 to October 31) to reduce the chance of
impacting unidentified maternity roosts.

Migratory Birds
The MBTA (16 §U.S.C. 703-712) prohibits the intentional taking, killing, possession,
transportation, and importation of migratory birds, their eggs, parts, and nests, except when
specifically authorized by the Department of the Interior. To avoid impacts to migratory birds,
we recommend conducting a visual inspection of any migratory bird nesting habitat within the
project area during the migratory bird nesting season of March through September and avoiding
impacting the nests during the migratory bird nesting season. If birds are discovered nesting near
the project area during years prior to the proposed construction date, we recommend that the
NCDOT, in consultation with US Fish and Wildlife Service, develop measures to discourage
birds from establishing nests within the project area by means that will not resu lt in the take of
birds or eggs; or avoid construction activities during the nesting period.

Erosion and Sedimentation Control
Construction activities near streams, rivers, and lakes have the potential to cause water pollution
and stream degradation if measures to control site runoff are not properly installed and
maintained. In order to effectively reduce erosion and sedimentation impacts, best management
practices specific to the extent and type of construction should be designed and installed during
land-disturbing activities and should be maintained until the project is complete and appropriate
stormwater conveyances and vegetation are reestablished on the site.

A complete design manual, which provides extensive details and procedures for developing
site-specific plans to control erosion and sediment and is consistent with the requirements of the
North Carolina Sedimentation and Pollution Control Act and Administrative Rules, is available
at:

http://portal.ncdenr.org/web/lr/publications

For maximum benefits to water quality and bank stabilization, riparian areas should be forested;
however, if the areas are maintained in grass, they should not be mowed. We recommend
planting disturbed areas with native riparian species. The U.S. Fish and Wildlife Service can
provide information on potential sources of plant material upon request.

Stream Buffers

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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 flood s) 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.

Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide
along perennial streams [or the full extent of the 100 -year floodplain, whichever is greater])
should be created and/or maint ained along all aquatic areas. Within the watersheds of streams
supporting endangered aquatic species, we recommend undisturbed, forested buffers that are
naturally vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of
200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of all
intermittent streams, or the full extent of the 100 -year floodplain, whichever is greater.)
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.

Stream Crossings
In the event that the project requires stream crossings, we recommend the following:

Bridges or spanning structures should be used for all permanent roadway crossings of streams
and associated wetlands. Structures should span the channel and the floodplain in order to
minimize impacts to aquatic resources, allow for the moveme nt of aquatic and terrestrial
organisms, and eliminate the need to place fill in streams and floodplains.

Bridges should be designed and constructed so that no piers or bents are placed in the stream,
approaches and abutments do not constrict the stream c hannel, and the crossing is perpendicular
to the stream. Spanning some or all of the floodplain allows the stream to access its floodplain
and dissipate energy during high flows and also provides for terrestrial wildlife passage. When
bank stabilization is necessary, we recommend that the use of riprap be minimized and that a
riprap-free buffer zone be maintained under the bridge to allow for wildlife movement. If fill in
the floodplain is necessary, floodplain culverts should be added through the fill t o allow the
stream access to the floodplain during high flows.

If bridges are not possible and culverts are the only option, we suggest using bottomless culverts.
Bottomless culverts preserve the natural stream substrate, create less disturbance during

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construction and provide a more natural post -construction channel. Culverts should be
sufficiently sized to mimic natural stream functions and habitats located at the crossing site;
allow for water depth, volume (flow), and velocity levels that will permit aquatic organism
passage; and accommodate the movement of debris and bed material during bank -full events.
Widening the stream channel must be avoided.

If you have questions about these comments ple ase contact Ms. Claire Ellwanger of our staff at
828/258-3939, Ext. 42235. In any future correspondence concerning these projects, please
reference our Log Number 20-271.

Sincerely,

-- original signed –

Janet Mizzi
Field Supervisor