20050666 Ver 1_USFWS Comments_20050719

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United States Department of the Interior
FISH AND Rr~,l)I .TFr~ SERVICE
Asheville Field Off ce
160 ZiIlicoa Street
Asheville, North Carolina 28801
March 8, 2005
Mr. Todd Lamb
Town Manager
Town ofll~Iint FliI1
P.O. Bax 23457
Mint ~, North Carolina 28227
Dear NIs: Lamb:'
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Q~c~~od~ d
JUL 1 9 2005
DENR -WATER QUALITY "
WETLANDS AND STORMWATER BRANCH
Subject: Proppsed Construction of a Retail Development, Referred to as the Brid es at 141int
Hall, in the Goose Creek Watershed, within the City Limits of 11~nt IiiI1,11gecklenb
County, North Carolina nrg
The purpose of this Ietter is to express our concern about the potential effects of the subject
project on the federally endangered Carolina heelsplatter (Lasmigona decorata) and its
designated critical habitat in Goose Creek. We understand from recent newspaper articles and
telephone inquiries that a 1.3-million-square-foot development is prop®sed for construction near
the intersection of I-485 and Lawyers Road, on a site straddling the rixain stem of Goose Creek.
Goose Creek and one of its major tributaries, Duck Creek, support one of only seven remainin
populations of the federally endangered Carolina heelspIitter. Portions of these streams have g
beem designated as critical habitat for this species.. The Carolina heelsplatter as one of the most
critically endangered species in the southeastern United States. All of the surviving populations
of this species are restricted in range, this is especially true of the Goose Creek.popuIataon. The
species' low population levels and limited dis~ibution make the species vulnera}~le to any factors
that adversely a~'ect the quality and/or quantity of its reffia;n;n
g habitat.
Studies have shown that freshwater mussels, particularly in their early life stages, are especially
sensitive to the effects of the pollutants that are often present in storm-water runoff. In addition,
astable habitat is necessary for their survival, Imp~perly controlled storm-water runoff from
development and other land-clearing a,ctivaties not only results in stream pollution (i.e., Ails, gas,
fertilizers, heavy metals, and sediment) but also results in increased water volume aid velocity
during heavy rains, causing channel and stream-crank scourin
sedimentation of downstream habitats and instability of the channelsresulting in the degradation
and elimination of habitat for mussels and other aquatic species. Also, because mare rainwater is
running off the land rather than infiltrating and recharging the gr-oundwater IeveIs, stream flow is

abnormally reduced during dry Periods, adversely aff'ectin~
Goose Creek watershed makes d aquatic species. The geology of the
flows Burin groundwater recharge even more critical for maintaining the
g dry periods.
The protection of adequate forested riparian buffers and ~orm_water control aad treatment
important measures necessary to ensure stable are
of adequate forested buffets and storm-water treatment adequate o protwectt w~ ee ~ t~ce
prevent changes in the stream's hydrology, the development of a 1.3-milIion_ q ~' ~d
(almost 3D acres) close to Goose Creek will have adverse effects on the wat wand habit~~
of the stream and/or the Carolina, heelsplittei; The residential and commercial Q~~
ofMeckIenburg and Union Counties has contributed to de ~°~ ~ ~ area
Goose Creek and a decline is the range and health of the Carolina beef ~~tta~uatic habitat in
Monitoring conducted by the North Cazo~ ~Idh fe Resources Commission m ~ ~~~
documented a continuing decline in the range and abundance of ail native mussel p~ ~ ~
throughout Goose Creek and about a 50 percent declu1e ~ the range of the Carolina heel Litt
in this stream since the eazIy 1990s. Stream-channel and stream-bad ~i~ ~ az
freshwater mussels, has already been seriousl. de ~'~ critical to
an increase in im envious s Y ~~ throughou# the watershed as a result of
P urfaces and the loss of riparian buffers. The North Carolina
Department of Environment and Natural Resources' Division of Water
classified Goose Creek as having impaired water quality and has Laced ~htY ~W~ has
~P~'~ waters under Section 303{d) of the Clean WafesAct because ofp©imt~ d ~n ~e ~ °f
n€rnpoint-source (storm-water runofr~ pollution. Water nett
conducted by the DWQ; a private consuitan q tY monitoring is Goose Creek,
d©curn.ented levels of several poIlutants that arse to~c or Fish and Wildlife Service bioiogis~ leas
exceed the State's water ~~ to freshwater ffiussels which
q~tY standards or action/concern levels. Stogy-waterroaoff~ been
implicated as as important factor contributing to the elevated levels of many of these ollutam
P . ts.
sMuano of the streams in Charlotte and the surrounding area that are known to have historicatl
PP rted populations of the Carolina heeisplitter no longer do so because of the effects of Y
. pollution and changes in their hydrology associated with development activities. 'The ma'ori of
these streams are no longer capable of supporting any species of native mussels. J ~
We have met with both the Town of Mint Hill and consultants for the
provided them with the measures we believe are necessary to protect Goose Creekk from ~
effeects of any new development anti increased impervious surfaces within the watershed. These
measures are outlined in the NCWRC's 2002 "Guidance lblen±orandum to Address and Miti ~-
Secondary and Cumulative Impacts to A gate
Q~~' (dopy enclosed . quatic and Terrestrial Wildlife Resources and Water
Unless these or equivalent measures have been incorporated into the
Bridges at Mint Dill project, it is our belief that the proposed project may result in "take" of the
Carolina heelspIitter. Section 9 of the Endangered Species Act of 1973, as amended Act
strictly prohibits the unauthorized "take" of endangered wildlife. "Take" is defined m the Act t
include harass, harm, pursue, hunt, shoot, wound, loll o
"Harm" may include habitat modification or de ' ~' °r collect any endangered species.
behavior (e.g.; feeding giadatlon that significantly impairs essential
~, nesting, or reproduction). An incidental take
nonfederal activities wilt result in the "take" of a listed animal. Accordin t ~ inquired when
gly, unless adequate
measures for the protection of the Carolina heelspiitter are incorporated into the projec we

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believe an incidental take permit must be applied far and obtained before the Town of Hill Min
can authorize/pelmit the project and before project coastrucfion can be t
conservation plan must aceom as an ~- A habitat
the habitat conservation laan~ y aPP~c~on for an incidental take permit. The pose of
constructed while P g Process associated with the pemut is to aIIow the prajevt ~ be
making sure that the effects of any authorized incidental take are ~niinized
and mitigated so that the project can be eonstracted while endangered and threatened species and
their habitats are protected.
We are available to meet with representatives of the Town of Mint Fii1I and/or the project
Planners to discuss the proposed Bridges at Mint Hill m ec me
"take" of the Carolina heeIsplitter and/or incidental take j t' asures necessary for avoiding
a habitat eoasservahan pIaa. I can be reached at 828/258 3939, Ext. ~3 0~' and the contents of
Sincerely,
_. P~%
Brian P. Cole
Field Supervisor
Enclosure
cc:
C~iildress Klein ~perties, 301 S. College Stet, Suite 2804, Charlotte, NC 2820
IO~s. Melba McG~'ie, EF1V1I'oaffiental Coordinator, Ofr'ace of Legislative and Intergovernmental
Affairs, North Carolina Department of Environment and Natural Resources, 1601 Mali
Service Center, Raleigh, NC 27699-1601
Ms. Linda, Pearsall, Director, Natural Herita a Pro
Eavimnment and Natural Resources ~ 6I5 Mail Service C~~a~epartment of
114r. Ron LinviIIe, Western P1edmont Region Reviewer, North Carolina Wildlife Resources -1615
Comrrrission, 3855 Idlewild Road, Kernersville, NC 27284-91 g0
Ms. >}anieIle Pender, Special Projects Co©rcliaator, North Carolina Wildlife Resources
Corrunission, 1333 Trailwood Drive, Raleigb, NC 27606