20201735 Ver 2_USFWS Response - 20191118_20220303

United Stal",es Dichparty-nent ofthe Interior
FISH AND WILI)LIFE, SERNK 1
R,Oeig�li� �ES FiehJ Officia
st () ffi,ce B ox 3 3 726
Ralcich,'Non[l� Carolina 27636 3726
Jon Swaim
McGill Associates, PA
103 State Farm Road
Boone, North Carolina 28607
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This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a
federally-] isted species or designated critical habitat may be affected by a proposed project. For
future projects, please visit the Raleigh Field Office's project planning website at
11tV, rq!ei,.oN JgMl. If you are only searching for a list of species that may be Vp
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaQ website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC wcbsite may be viewed
at htt s://ecosfw p ------ s— s.gavhpac/. The IPaC web site contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concernt that
are known to occur in each county in North Carolina, and other resources.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the fcderally-protectcd species list, information on the
1 The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation
does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or
impacts to federal species of concern.

species' life histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
If your project contains suitable habitat for any of the federaBy-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
1 Mill 1413,110141MAIA t4 In U 1161LIAMMIRK01014 114M ill 114y'l lim- trii==
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 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 revie rs is listed or critical habitat determined that ma?j 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 when replacing the failed dams. 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.

The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our wcbsite at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact Emily Wells of this office
at [phone] ext. 25.
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Pete Benjamin
Field Supervisor