20230130_ltr_FWS_Corps_SwiftieSite

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
January 30, 2022
Kim Isenhour
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Re: Water and Land Solutions LLC; Swiftie Mitigation Site/ SAW-2019-00630/ Edgecombe
County
Dear Ms. Isenhour:
The U.S. Fish and Wildlife Service (Service) has reviewed the draft mitigation prospectus for the
Swiftie Mitigation Site. Water and Land Solutions LLC (WLS) proposes a wetland and stream
mitigation project along Swift Creek, in the Tar River basin near Leggett, Edgecombe County,
North Carolina. The project includes potential stream restoration, enhancement, and
preservation of approximately 9,265 linear feet of stream reaches and the restoration,
enhancement, and preservation of 140.47 acres of riparian and non -riparian wetlands. We regret
that Service staff were unable to participate in the field meeting at the site on January 17, 2023.
Federallv Listed Sbecies
The site is adjacent to occupied habitat for the Neuse River waterdog (NRWD) (threatened), and
the Carolina madtom (endangered), as well as critical habitat for both species. In addition, mist -
net surveys in July of 2018 captured a tricolored bat (Perimyotis subflavus) (TCB) close to the
project boundary.
Tricolored Bat
The TCB is proposed for listing as endangered and a decision to list may be made as soon as
September 2023. If work is not completed (particularly tree removal and any culvert
modification/removal) before the listing decision, the U.S. Army Corps of Engineers (Corps)
will need to consult with the Service on impacts from the project construction to TCB. The
prospectus and mitigation plan should document the occurrence of TCB on the property and
acknowledge that reinitiation of consultation will be required if the TCB is listed prior to
completion of the project. The Service hopes to have programmatic solutions in place prior to a
listing decision.
In the piedmont, TCB roost in trees during warmer months and roost or hibernate in culverts and
potentially bridges year-round. It is not well-known whether they may come out of the culvert
roost on warm winter nights, or whether they may roost in trees for any part of the winter. Tree
removal and culvert removal or modification may affect TCB if individuals of the species are
present. Until we have more information, we will probably treat the TCB similar to the northern
long-eared bat in the piedmont and rangewide. This means (if and when it is listed) that there
will be time of year restrictions on tree -cutting and also probably an acreage threshold in order to
make a determination of "may affect, not likely to adversely affect." In general, the Service will

expect tree cutting to avoid the late spring/summer pupping season. The pup season may begin
earlier in Edgecombe County than other parts of the range. For areas in the coastal plain (not far
east of this project) we will also likely have time of year restrictions to avoid the coldest months
when bats may be hibernating in trees and culverts (which makes it harder for them to wake up
and flee a felled tree or culvert that is being removed/modified). However, Edgecombe County
is not currently considered part of this year-round active area.
Neuse River Waterdog and Carolina Madtom
The Service is pleased to see the proposed restoration, enhancement, and preservation of
wetlands and buffers within and adjacent to the Swift Creek floodplain. No direct impacts are
anticipated to NRWD and Carolina madtom or the critical habitat for those species. The project
will likely benefit the aquatic species.
In Section 4.2.6 of the prospectus, the Service recommends adding a statement that the NRWD
and Carolina madtom are present in Swift Creek adjacent to the project, and there is the potential
for both species to be found in the lower tributaries of the site. The designation of critical habitat
for NRWD and Carolina madtom in this stretch of Swift Creek should also be discussed in
Section 4.2.6. The Service recommends deletion of the following sentence: "No potential
protected species occurrences were observed during initial site investigations." Because NRWD
and Carolina madtom are relatively small aquatic species that live on or near the bottom of
streams, the Service would not expect anyone to observe them during basic site investigations
without entering the water and conducting rigorous surveys. In addition, the last sentence of the
section should acknowledge that during the permitting process for the PRM project, the NRWD
and Carolina madtom were not listed, and critical habitat was not yet designated.
The Service recommends that the mitigation plan commit to implement stringent erosion control
measures during construction, including:
• A double row of silt fence, to ensure that erosion is captured effectively.
• Silt fence and other erosion control devices should not include outlets that discharge
closer than 50 feet to the top of bank of any stream.
• Silt fence outlets for each row of silt fence should be offset to provide additional
retention of water and sediment in the outer row.
• Conduct twice -weekly inspections of all erosion and sedimentation controls. In
addition to twice -weekly inspections, inspect also within 24-hours of rain events
(including a 1-inch total rain event or an event where rainfall rates are 0.3 inch/hour
or greater). Inspect all of the erosion and sedimentation controls to ensure the
integrity of the devices.
• Maintain all controls as necessary to ensure proper installation and function. Repair
and replace sections of controls as needed to minimize the potential for failure.
• Revegetate with native species as soon as possible.
• Any spills of motor oil, hydraulic fluid, coolant, or similar fluids into the riparian
wetlands or floodplain must be reported to the Corps and Service immediately.
• Educate the construction crew about the presence of sensitive species by providing
information or installing signs on the silt fence. Attached is an example of such a
sign.
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The Service appreciates the opportunity to review and provide comments on the mitigation site
prospectus. Should you have any questions regarding the project, please contact Kathy
Matthews at [e-mail].
Sincerely,
Pete Benjamin,
Field Supervisor
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