20220184 Ver 1_USFWS Response Letter_20220128

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United States Department of the Interior FSERVIUE
IFE
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
July 6, 2021
Michelle Measday
ECS Southeast, LLP
5260 Greens Dairy Road
Raleigh, NC 27616
[e-mail]
Dear Ms. Measday:
Subject: Stokes Danbury — Meadows Water System Interconnection; Gaston County, North
Carolina
On July 6, 2021, we received via e-mail your letter or information requesting our comments on
the subject project. We have reviewed the information that you presented, and the following
comments are provided in accordance with the provisions of the National Environmental Policy
Act (42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C.
661 - 667e); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703); 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 improvements to an
existing well, installation of a new storage tank, a new pressure reducing station, a new booster
pump station, and approximately 25,500 linear feet of water main. The proposed work would
require four stream crossings over tributaries to the Dan River.
Federally Listed Species
Suitable summer roosting habitat may be present in the project area for the federally threatened
northern long-eared bat (*otis septentrionalis), and Service records indicate multiple mist -net
captures of this animal in the project vicinity. 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 tree removal activities outside of the northern long-eared bat
pup season (June 1 to July 31) and/or the active season (April 1 to October 15). This will
minimize impacts to pups at roosts not yet identified

Your project lies within a county which has current observations of the federally endangered
Schweinitz's sunflower (Helianthus schweinitzii). However, suitable habitat surveys conducted
during May 2021 did not detect suitable habitat within the project action area. Based on the
information provided and a review of our records, we would not object to a "no effect" determination
from the appropriate federal proponent. Therefore, the requirements under section 7 of the Endangered
Species Act are fulfilled.
However, obligations under section 7 of the Endangered Species Act must be reconsidered if:
(1) new information reveals impacts of this proposed action may affect listed species or
critical habitat in a manner not previously considered, (2) this proposed 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 proposed actio
The Service appreciates the opportunity to provide these comments. Please contact Ms. Karla
Quast of our staff at [e-mail], if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-21-026.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
' 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)
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