20221004_22-379_UnkAA_Oaks Commerce_Gaston Co.pdf

QPP�MENT OF FISH &WILDLSERV
IFE
United States Department of the Interior
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. ; a9 ' FISH AND WILDLIFE SERVICE
gRCH 31 �� Asheville Field Office
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
October 4, 2022
Ms. Kara Webb
ECS Southeast, LLP
1812 Center Park Drive, Suite D
Charlotte, North Carolina 28217
Subject: Oaks Commerce Site in Belmont, Gaston County, North Carolina.
Dear Ms. Webb:
On May 31, 2022, we received (via email) your information requesting our review of the subject project.
We received updated project information on September 30, 2022.We have reviewed the information that
you presented for this request and the following comments are provided in accordance with the provisions
of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.) and section 7 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act).
Proiect Description
According to the information provided, an undisclosed project proponent proposes to construct a
commercial development and associated infrastructure on approximate 44 acres at Hickory Grove Road
and Oak Street in Belmont, Gaston County, North Carolina.
By email dated September 30, 2022, the following additional project information was provided:
• Result of the on -site Schweinitz's sunflower (Helianthus schweinitzii) survey.
Federally Listed Species
An assessment of suitable habitat and potential impacts to four species was conducted by environmental
specialists with ECS Southeast on May 25 and September 15, 2022. The findings were compiled and
included in the review requests submitted to our office on May 31 and September 30, 2022. The
following species and their associated habitats were evaluated.
Species
Status'
Bog turtle
Glyptemys muhlenbergii
T(S/A), ARS
Dwarf -flowered heartleaf
Hexastylis naniflora
T
Northern long-eared bat
Myotis septentrionalis
T, PE
Schweinitz's sunflower
Helianthus schweinitzii
E
lE = endangered, PE = proposed endangered, T= threatened, T(S/A) =
threatened due to similarity of appearance, and ARS = at -risk species.
Bog turtle is federally listed as threatened (due to similarity of appearance) and was petitioned for listing,
resulting in an at -risk species (ARS) designation, on January 13, 2022. Bog turtle is not currently subject
to section 7 consultation; therefore, an effects determination is not necessary. However, it is a species of

concern for our office, and we appreciate the project proponent's consideration of bog turtle when
evaluating the action area for impacts to federally listed species and their habitats. If bog turtle or suitable
habitat is identified on future projects within the proposed action area or proposed activities will impact
hydrology of suitable habitat (i.e., changing drainage patterns to/from wetlands), we recommend
coordinating the project with the U.S. Fish and Wildlife Service (Service) and the NC Wildlife Resources
Commission.
The review request states that suitable habitat for dwarf -flowered heartleaf is present on site; however, the
species was not observed during surveys. Based on negative results of visual surveys conducted on May
25, 2022, we would concur with a "may affect, not likely to adversely affect" (NLAA) determination
from the lead federal action agency for this species.
On September 21, 2022, the Service updated the consultation range for northern long-eared bat based on
the best available scientific data. The action area for this project is no longer within the consultation range
for the species. Therefore, we believe the project will have "no effect" on the northern long-eared bat.
The review request states that suitable habitat for Schweinitz's sunflower is present on site; however, the
species was not observed during surveys. Based on negative results of visual surveys conducted on
September 15, 2022, we would concur with a NLAA determination from the lead federal action agency
for this species.
Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14,
2022, the Service published a proposal in the Federal Register to list the tricolored bat as endangered
under the Act. The Service has up to 12 months from the date the proposal published to make a final
determination, either to list the tricolored bat under the Act or to withdraw the proposal. The Service
determined the bat faces extinction primarily due to the range -wide impacts of WNS. Because tricolored
bat populations have been greatly reduced due to WNS, surviving bat populations are now more
vulnerable to other stressors such as human disturbance and habitat loss. Species proposed for listing are
not afforded protection under the Act; however, as soon as a listing becomes effective (typically 30 days
after publication of the final rule in the Federal Register), the prohibitions against jeopardizing its
continued existence and "take" will apply. Therefore, if you suspect your future or existing project may
affect tricolored bats after the potential new listing goes into effect, we recommend analyzing possible
effects of the project on tricolored bats and their habitat to determine whether consultation under section 7
of the Act is necessary. Conferencing procedures can be followed prior to listing to ensure the project
does not jeopardize the existence of a species. Projects with an existing section 7 biological opinion may
require re -initiation of consultation to provide uninterrupted authorization for covered activities. Please
contact our office for additional guidance or assistance.
We believe the requirements under section 7 of the Act are fulfilled for the federally listed species
discussed above. However, obligations under section 7 of the Act must be reconsidered if. (1) new
information reveals impacts of the identified action may affect listed species or critical habitat in a
manner not previously considered, (2) the identified 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 identified action.
Fish and Wildlife Resource Recommendations
We offer the following general recommendations for the benefit of fish and wildlife resources:
• Erosion and Sedimentation Control. Construction activities near aquatic resources, streams,
and wetlands have the potential to cause bank destabilization, water pollution, and water quality
degradation if measures to control site runoff are not properly installed and maintained. In order
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to effectively reduce erosion and sedimentation impacts, best management practices specific to
the extent and type of construction should be designed and installed prior to land -disturbing
activities and should be maintained throughout construction. Natural fiber matting (coir) should
be used for erosion control as synthetic netting can trap animals and persists in the environment
beyond its intended purpose. Land disturbance should be limited to what can be stabilized
quickly, preferably by the end of the workday. Once construction is complete, disturbed areas
should be revegetated with native riparian grass and tree species as soon as possible. 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. The Service can provide
information on potential sources of plant material upon request.
A complete design manual that is consistent with the requirements of the North Carolina
Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following
website: https:lldeq.nc.govlabout/divisions/energy-mineral-land-resources.
Impervious Surfaces/Stormwater/Low Impact Development (LID). Increased development
contributes to the increased quantity and decreased quality of stormwater entering project area
waterways. Additionally, increased development outside the floodplain increases stormwater
flows already caused by the lack of or loss of riparian buffers and floodplain development. Recent
studies' have shown that areas of 10 percent to 20 percent impervious surface (such as roofs,
roads, and parking lots) double the amount of stormwater runoff compared to natural cover and
decrease deep infiltration (groundwater recharge) by 16 percent. At 35 — 50 percent impervious
surface, runoff triples, and deep infiltration is decreased by 40 percent. Above 75 percent
impervious surface, runoff is 5.5 times higher than natural cover, and deep infiltration is
decreased by 80 percent. Additionally, the adequate treatment of stormwater at project sites is
essential for the protection of water quality and aquatic habitat. Impervious surfaces also collect
pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via stormwater
runoff) to receiving waters. According to the Environmental Protection Agency, this
nonpoint-source pollution is one of the major threats to water quality in the United States, posing
one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in
human populations from exposure through drinking water and contact recreational.
Increased stormwater runoff also directly damages aquatic and riparian habitat, causing
streambank and stream channel scouring. Additionally, impervious surfaces reduce groundwater
recharge, resulting in even lower than expected stream flows during drought periods, which can
induce potentially catastrophic effects for fish, mussels, and other aquatic life. To avoid any
additional impacts to habitat quality within the watershed, we recommend that all new
developments, regardless of the percentage of impervious surface area created, implement
stormwater retention and treatment measures designed to replicate and maintain the hydrograph at
the preconstruction condition.
We recommend the use of low impact development techniques,' such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining
and treating stormwater runoff rather than the more traditional measures, such as large retention
'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government).
Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices.
GPO Item No. 0120-A; SuDocs No. A 57.6/2: EN 3/PT.653. ISBN-0-934213-59-3.
'We recommend visiting the Environmental Protection Agency's Web site (http://www.gpa. ooLlpolluted-runoff-
nonpoint-source pollution/urban-runoff--low-impact-development) for additional information and fact sheets
regarding the implementation of low -impact -development techniques.

ponds, etc. These designs often cost less to install and significantly reduce environmental impacts
from development.
Where detention ponds are used, stormwater outlets should drain through a vegetated area prior to
reaching any natural stream or wetland area. Detention structures should be designed to allow for
the slow discharge of stormwater, attenuating the potential adverse effects of stormwater surges;
thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of
stormwater control measures is to protect streams and wetlands, no stormwater control measures
or best management practices should be installed within any stream (perennial or intermittent) or
wetland.
We also recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be
used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store
heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within
the concrete.
Use of any of the proposed stormwater collection devices described above will dramatically
decrease the quantity and increase the quality of stormwater runoff.
The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of
our staff at [e-mail], if you have any questions. In any future correspondence concerning
this project, please reference Log Number 4-2-22-379.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
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