20221220 Ver 1_Intra Service Section 7_BRRCD_Possum Trot Creek_July 7_ 21_final_signed_20220906

Instructions for Intra-Service Section 7 Form - Region 4
January-, 1999
REGION 4
INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM
Originating Person: _Laura Fogo, Asheville Ecological Services Field Office
Telephone Number: 828-258-3939 ext. 42228 E-Mail: _laura_fogoWws.gov
Date: June 16, 2021
PROJECT NAME (Grant Title/Number): Possum Trot Stream Restoration Project
Service Program:
_X_ Ecological Services
Federal Aid
Clean Vessel Act
Coastal Wetlands
Endangered Species Section 6
X_ Partners for Fish and Wildlife
Sport Fish Restoration
Wildlife Restoration
Fisheries
Refuges/Wildlife
II. State/Agency: NC/USFWS
III. Station Name: Asheville ES Field Office
IV. Description of Proposed Action (attach additional pages as needed):
The Possum Trot Stream Restoration project proposes to daylight 315 feet of the main branch of
Possum Trot Creek and 280 linear feet of an un-named tributary, located upstream of the Cane
River, in Yancey County, NC. The goal of the proposed stream restoration project is to improve
water quality, aquatic life, and bat habitat, by restoring the channel, associated wetlands, and
riparian buffers within Possum Trot Creek. Restoration practices include removing two barriers
(culverts), and restore hydrological function of floodplains and a natural wetlands complex
adjacent to the stream. After daylighting the stream, Blue Ridge RC&D and the landowner
propose to bio-stabilize a 50-foot riparian buffer utilizing native trees and shrubs, to protect the
stream banks, filter runoff, and shade the stream. The project is located approximately within 5.5
miles upstream of designated critical habitat for the federally endangered Appalachian elktoe
(Alasmidonta raveneliana) mussel. Improving water quality and habitat by daylighting the
stream, removing aquatic organism passage barriers, and protecting the riverbanks by planting
native vegetation will provide direct benefits to downstream Appalachian elktoe, and other
species of concern.
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Instructions for Intra-Service Section 7 Form - Region 4
January-, 1999
V. Pertinent Species and Habitat:
A. Include species/habitat occurrence map: See attached map of project area.
B.
Complete the following table:
SPECIES/CRITICAL HABITAT
STATUS'
Appalachian elktoe (Alasinidonta raveneliana)
E
Northern long-eared bat (Myotis septentrionalis)
T
Gray bat (Myotis grisescens)
E
Tricolored Bat (Perimyotis subfalvus)
At -risk
Little brown Bat (Myotis lucifugus)
At -risk
Monarch butterfly (Danaus plexippus plexippus)
C
Golden -winged warbler (Vermivor chrysoptera)
At -risk
1STATUS: E=endangered, Threatened, PE proposed endangered, PT=proposed threatened, CH=critical habitat,
PCH=proposed critical habitat, C=candidate species
VI. Location (attach map):
Str;e snEd
Il COUnty bOUnea,ias
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Instructions for Intra-Service Section 7 Form - Region 4
January, 1999
A. Ecoregion Number and Name: (Southern) Blue Ridge Ecoregion (66)
B. County and State: Yancey County, North Carolina
C. Section, township, and range (or latitude and longitude):
Location: 3263 Possum Trot Road, Burnsville, NC.
D. Distance (miles) and direction to nearest town: The project site on Possum Trot
Creek is approximately 9 miles west of Burnsville, within the Egypt Township, in
Yancey County, NC.
E. Species/habitat occurrence: From the project location, the Appalachian elktoe
(Alasmidonta raveneliana) is known to occur within 3.0 miles downstream in the
Cane River. The threatened Northern long-eared bat occurs within the county and
the endangered Gray bat (Myotis grisescens) is known to occur within 5 miles of
the project site. At -risk species found in Yancey County include the golden -
winged warbler (occurs within 5 miles), the little brown bat, and tricolored bat.
One candidate species, the Monarch butterfly, also occurs in Yancey County.
VII. Determination of Effects:
A. Explanation of effects of the action on species and critical habitats in item V. B
(attach additional pages as needed):
Discuss either the effects of the action on each listed, proposed, or candidate species and critical habitat in
the action area, or why those species or critical habitats will not be affected. For species or critical habitats
affected by the proposed action, provide the following information:
Impacts of the proposed action on species and/or critical habitat, including direct, indirect, interdependent,
interrelated, and cumulative impacts. (Quantification of effects - acres of habitat, miles of habitat, number
of individuals, etc.
B. Explanation of actions to be implemented to reduce adverse effects:
Project modification ideas may be found in recovery plans. Although section 7 of Act prohibits only those
actions by Federal agencies which are likely to jeopardize listed species or adversely modify critical
habitat, the Service has a commitment to recovering listed species and trying to prevent the need to list
additional species.
SPECIES/
CRITICAL
HABITAT
IMPACTS TO SPECIES/CRITICAL HABITAT
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Instructions for Intra-Service Section 7 Form - Region 4
January, 1999
Appalachian elktoe
(Alasmidonta
raveneliana)
Occupied habitat of the Appalachian elktoe (Alasmidonta
raveneliana) is located in the Cane River approximately 3 miles
downstream of the project site. The current conditions at the project
site do not contain habitat for the Appalachian elktoe because it was
converted to cow pasture, and the stream was filled with dredged
material, and culverted.
This project will help improve water quality and aquatic habitat in
Possum Trot Creek by biostabilizing the riverbanks. While acute
impacts are expected to water quality during project construction,
these will be short-lived and will minimize or eliminate long-term,
chronic water quality impacts from eroding streambanks. This
project is expected to result in indirect positive benefits to this
species. The direct effects of this action to this species are believed
to be discountable, and the long term and cumulative effects of this
action will be beneficial.
Northern long-
The project area contains stream corridors the threatened Northern
eared bat (Myotis
long-eared bat (NLEB) could utilize for foraging, commuting and
septentrionalis)
roosting habitat. Water quality disturbance during construction will
be short term. Long-term impacts will be beneficial, as water quality
will improve with the bank restoration. Potential impacts to
foraging/commuting NLEBs could occur from construction after
dark. Tree removal during construction could affect NLEB by
removing trees used by bats for roosting. This is primarily a concern
if tree removal occurs during the time when bats are active on the
landscape.
Gray bat (Myotis
The proposed action is to increase the riparian buffer and restore
grisescens)
stream habitat. The endangered Gray bat (Myotis grisescens)
primarily use caves and man-made structures for maternity and
roosting habitat. Streams, rivers and waterways are primarily used
for foraging and commuting corridors. Impacts from water quality
disturbance during construction will be short term. Over the long
term, streambank restoration is expected to improve water quality
and foraging habitat. Potential impacts to gray bat could occur from
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Instructions for Intra-Service Section 7 Form - Region 4
January, 1999
Tricolored Bat
(Perimyotis
subfalvus)
The project area contains stream corridors the tri-colored bat could
utilize for foraging, commuting and roosting habitat. Water quality
disturbance during construction will be short term. Long-term
impacts will be beneficial, as water quality will improve because of
bank restoration. Potential impacts to the foraging/commuting tri-
colored bats could occur from lighting if construction occurs after
dark while bats are foraging. Tree removal during construction could
impact bats by removing trees used by bats for roosting. This is
primarily a concern if tree removal occurs during the time when bats
are active on the landscape.
Little brown Bat
(Myotis lucifugus)
The project area contains stream corridors the little brown bat could
utilize for foraging, commuting and roosting habitat. Water quality
disturbance during construction will be short term. Long-term
impacts will be beneficial, as water quality will improve because of
bank restoration. Potential impacts to the foraging/commuting little
brown bats could occur from lighting if construction occurs after
dark while bats are foraging. Tree removal during construction
could impact little brown bats by removing trees used by bats for
roosting. This is primarily a concern if tree removal occurs during
the time when bats are active on the landscape.
Golden -winged
warbler (Vermivor
chrysoptera)
The project contains open habitat that is potential habitat for the
golden -winged warbler. However, it is mostly non-native pasture
grasses that is not suitable habitat. Positive effects are expected from
restoration of open fields into an orchard and native ground cover
species.
Monarch butterfly
(Danaus plexippus
plexippus)
The action of converting early successional habitat to forested habitat
with riparian buffers could impact monarch butterfly habitat. The
existing condition of the early successional habitat is poor containing
few pollinator species, exotic grasses, and no milkweed. Restoration
construction undertaken during the larval stage of the monarch
butterfly could affect reproduction and foraging abilities.
B. Explanation of actions to be implemented to reduce adverse effects:
Project modification ideas may be found in recovery plans. Although section 7 of Act prohibits only those
actions by Federal agencies, which are likely to jeopardize listed species or adversely modify critical
habitat, the Service has a commitment to recovering listed species and trying to prevent the need to list
additional species.
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Instructions for Intra-Service Section 7 Form - Region 4
January, 1999
SPECIES/
CRITICAL HABITAT
ACTIONS TO MITIGATE/MINIMIZE IMPACTS
Appalachian elktoe
(Alasmidonta
raveneliana)
During project implementation, BMP's/conservation measures
will be implemented to reduce sedimentation into the Possum
Trot Creek, and Cane River watershed.
Because one purpose of the project is to stabilize and reduce
existing sources of sediment, it is expected that any project
related effects of sedimentation will be insignificant in relation to
existing input, and the overall long-term effect of the project will
be beneficial to this species. All work will occur within the
banks and floodplain. The design attempts to minimize sediment
and other potentially negative impacts through the following
practices:
• The contractor will be required to mobilize all equipment
and materials necessary for stabilization work before
beginning any stream work. The contractor will also be
required to stage and store equipment and materials
outside of the trout buffers (25 linear feet from top of
banks). Equipment will be well maintained, cleaned
prior to mobilization, and checked daily for leaks of
petroleum products. Fueling will be performed in a
contained area at least 200 feet from surface waters. An
emergency spill plan will be required
• A contingency plan should be developed for the use of all
hazardous materials, including spill containment, clean
up, and notification of the appropriate regulatory
agencies and water purveyors in the event of a
problem. Spill kits, sorbents, and containers for disposal
should be retained on the site.
• The installation of erosion control measures and practices
will occur prior to land disturbing activities. Sediment
fence will be installed on the streamside of stockpiles and
staging areas. Sediment fence will be installed along the
toe of the slope of disturbed areas within the stream
channel as needed to control siltation into surface waters.
• The contractor will be required to stage his work such
that disturbed areas will be stabilized with seeding,
mulch and biodegradable (coir) erosion control matting
(where appropriate) prior to the end of each work day.
No erosion control matting or blankets will contain
synthetic (netting) materials. Selection of temporary seed
mixture species to plant shall be according to optimal
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Instructions for Intra-Service Section 7 Form - Region 4
January, 1999
ACTIONS TO MITIGATE/MINIMIZE IMPACTS
SPECIES/
CRITICAL HABITAT
planting dates, and a combination of heat and cold
tolerant species to maximize germination rates.
Permanent seed mixtures will include those species
native to the area and suitable for riparian plantings and
site conditions, and will be broadcast at recommended
application rates. Selection of species for permanent seed
mixture shall include optimal planting dates and soil
drainage adaptation. Selection of native woody plants
(live stakes and seedlings) will include those adapted to
site conditions.
•
All trees, utilities and other site features will be protected
unless marked for removal or relocation.
•
All work in or adjacent to stream waters should be
conducted in a dry work area to the extent possible.
Sandbags, cofferdams, bladder dams, or other diversion
structures should be used to prevent excavation in
flowing water. These diversion structures should be
removed immediately after the instream work is finished.
A pump around operation shall be used to divert flow
during construction when practical.
•
Construction should be timed to occur during low water
events for the particular channel. Stream flow data is
available online from the U.S. Geological Survey
(USGS) as follows: http://waterdata.usgs.gov/
•
The contractor will dispose of channel debris removed as
a component of the project at a suitable disposal site
agreed upon by the landowner and project stakeholders,
and outside the active channel or floodplain of any
stream.
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Instructions for Intra-Service Section 7 Form - Region 4
January, 1999
ACTIONS TO MITIGATE/MINIMIZE IMPACTS
SPECIES/
CRITICAL HABITAT
Northern long-eared bats
(Myotis septentrionalis)
Disturbance and land clearing within an open pasture will be less
than 1 acre, and no trees are present. Disturbance is not planned
to occur during the maternity roosting season and tree -clearing
moratorium (designated April 1 to October 15).
No trees will be removed during restoration. Native woody
vegetation (trees and shrubs) along riparian areas and the
floodplain of Possum Trot Creek will be planted. This project is
expected to result in indirect positive benefits to this species. The
direct effects of this action to this species are believed to be
discountable, and the long term and cumulative effects of this
action will be beneficial.
Gray bat (Myotis
grisescens)
Adverse effects will be minimized by avoiding the removal of
snags and hardwood trees during construction, or during the bat
maternity and pup -rearing season
The Service recommends avoidance of construction activities
during the active bat season, March 15- October 15th if possible.
However because the trout moratorium starts Oct. 15-April 15,
time may be needed during this period to construct the project. To
minimize impacts, avoid work during bat maternity roosting
season (June 1-July 31).
Tricolored Bat
(Perimyotis subfalvus)
Adverse effects will be minimized by avoiding the removal of
snags and hardwood trees during construction, or during the bat
maternity and pup -rearing season.
The Service recommends avoidance of construction activities
during the active bat season, March 15- October 15th if possible.
However because the trout moratorium starts Oct. 15-April 15,
time may be needed during this period to construct the project.
To minimize impacts, avoid work during bat maternity roosting
season (June 1-July 31).
Little brown Bat (Myotis
lucifugus
Adverse effects will be minimized by avoiding the removal of
snags and hardwood trees during construction, or during the bat
maternity and pup -rearing season.
The Service recommends avoidance of construction activities
during the active bat season, March 15- October 15th if possible.
However because the trout moratorium starts Oct. 15-April 15,
time may be needed during this period to construct the project.
To minimize impacts, avoid work during bat maternity roosting
season (June 1-July 31).
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Instructions for Intra-Service Section 7 Form - Region 4
January, 1999
SPECIES/
CRITICAL HABITAT
ACTIONS TO MITIGATE/MINIMIZE IMPACTS
Golden -winged warbler
(Vermivor chrysoptera)
Adverse effects will be minimized by avoiding construction
during the migratory bird breeding season, between May -July.
Monarch butterfly
(Danaus plexippus
plexippus)
Adverse effects will be minimized by avoiding construction during
the fall migration, if possible. Habitats will be improved by
planting native warm season grasses, and nectar producing
wildflowers
VIII. Effect Determination and Response Requested:
SPECIES/
CRITICAL HABITAT
DETERMINATION)
RESPONSE'
REQUESTED
NE
NA
AA
Appalachian elktoe (Alasmidonta
raveneliana)
X
Concurrence
Gray bat (Myotis grisescens)
X
Concurrence
Northern long-eared bats (Myotis
septentrionalis)
X
Concurrence
Little brown bat (Myotis lucifugus)
No jeopardy
Tri-colored bat (Perimyotis
subflavus)
No jeopardy
Monarch butterfly (Danaus
plexippus plexippus)
No jeopardy
Golden -winged warbler (Vermivor
chrysoptera)
No jeopardy
1DETERMINATION/ RESPONSE REQUESTED:
NE = no effect. This determination is appropriate when the proposed action will not directly, indirectly, or cumulatively impact, either
positively or negatively, any listed, proposed, candidate species or designated/proposed critical habitat. Response Requested is
optional but a AConcurrences is recommended for a complete Administrative Record.
NA = not likely to adversely affect. This determination is appropriate when the proposed action is not likely to adversely impact any
listed, proposed, candidate species or designated/proposed critical habitat or there may be beneficial effects to these resources.
Response Requested is asConcurrence.
AA = likely to adversely affect. This determination is appropriate when the proposed action is likely to adversely impact any listed,
proposed, candidate species or designated/proposed critical habitat. Response Requested for listed species is AFormal Consultations.
Response requested for proposed and candidate species is AConferences.
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Instructions for Intra-Service Section 7 Form - Region 4
January, 1999
Enter the Species, the Determination, and the Response Requested.
No effect/no adverse modification. For listed, proposed, or candidate species. This conclusion is reached
if the proposed action and its interrelated and interdependent actions will not directly or indirectly affect
listed species or destroy/adversely modify designated critical habitat. Response Requested action would be
the optional written concurrence is encouraged to facilitate a complete administrative record.
May Affect, but is not likely to adversely affect species/adversely modify critical habitat. This
conclusion is appropriate when effects to the species or critical habitat are expected to be beneficial,
discountable, or insignificant. Beneficial effects are contemporaneous positive effects without any adverse
effects to the species or habitat. Insignificant effects relate to the size of the impact (and should never
reach the scale where take occurs), while discountable effects are those that are extremely unlikely to
occur. Based on best judgment, a person would not: (1) be able to meaningfully measure, detect, or
evaluate insignificant effects; or (2) expect discountable effects to occur. If the Ecological Services Office
concurs in writing with the Project Leader's determination of "is not likely to adversely affect" listed
species or critical habitat, the intra-Service section 7 consultation process is completed.
May affect, and is likely to adversely affect species/adversely modify critical habitat. This conclusion
is reached if any adverse effect to listed species or critical habitat may occur as a direct or indirect result of
the proposed Service action or its interrelated or interdependent actions, and the effect is not discountable
or insignificant (see defmition of "is not likely to adversely affect". In the event the overall effect of the
proposed action is beneficial to the listed species or critical habitat, but may also cause some adverse effect
on individuals of the listed species or segments of the critical habitat, then the determination should be "is
likely to adversely affect." Such a determination requires formal section 7 consultation
Example- A refuge proposes prescribed burning for a prairie remnant to improve the habitat for
the endangered Kamer blue butterfly. The burn will substantially improve the habitat for the
species and promote its recovery in subsequent years. However, individual Kamer blue butterfly
eggs and larvae will be killed during the burn. Even though the net effect of the bum will be
highly beneficial to the listed species, the burn must be considered to have an adverse effect. A
finding of "is likely to adversely affect" is necessary.
Is likely to jeopardize proposed species/adversely modify proposed critical habitat. For proposed
species and proposed critical habitats, the Service is required to evaluate whether the proposed Service
action is likely to jeopardize the continued existence of the proposed species or adversely modify an area
proposed for designation as critical habitat. If this conclusion is reached, a section 7 conference is required.
If this conclusion is reached, intra-Service conference is required.
Is likely to jeopardize candidate species. For candidate species, the Service is required to evaluate
whether the proposed Service action is likely to jeopardize the continued existence of the candidate species.
If this conclusion is reached, intra-Service section 7 conference is required.
LA U R A F O G O Digitally signed by LAURA FOGO
Date: 2021.07.15 08:40:41 04 00'
Signature (originating station) Date
Title
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Instructions for Intra-Service Section 7 Form - Region 4
Januaiy,1999
IX. Reviewing Ecological Services Office Evaluation:
A. Concurrence _X Nonconcurrence
B. Formal consultation required
C. Conference required
D. Informal conference required
E. Remarks (attach additional pages as needed):
JANET MIZZI DDate: 2021071411J06:00 0400'
Signature Date
Field Supervisor Asheville NC ES FO
Title Office