20230056 Ver 1_USFWS Email Section 7 Concurrence 20230203_20230213

David Rabon
From: Hamstead, Byron A <[e-mail]>
Sent: Friday, February 3, 2023 9:36 AM
To: David Rabon; Reid, Rebekah N
Subject: Re: [EXTERNAL] The Cottages at Byron Forest: T&E Report of Findings and Review
Request (Henderson County)
Hey David,
We offer the following comments/concurrence to assist the action agency with making prudent effect determinations to
federally listed species:
Federally Listed Bats
Based on the information provided, suitable summer roosting and foraging habitat occurs within the proposed action
area (50CFR 402.02) for the federally endangered Northern long-eared bat (Myotis septentrionalis, NLEB), and the
proposed endangered tricolored bat (Perimyotis subflavus, see information below pertaining to this animal's federal
status at this time). We acknowledge that you did not observe caves or manmade cave -like features within the action
area and that all project -mediated tree clearing will avoid the active season for theses animals (April 1- October 15).
Therefore, we would concur with a "may affect, not likely to adversely affect" determination from the lead federal
action agency for NLEB. This measure would also support our concurrence with a "may affect, not likely to adversely
affect," determination for tricolored bat should it become listed in the future.
Appalachian elktoe
Based on the information provided (including preliminary grading plans), the proposed action may or may not impact
streams or wetlands that convey into a reach of the French Broad River that supports the federally endangered
Appalachian elktoe (Alasmidonta raveneliana). If ultimately, impacts to the streams and wetlands described in your
evaluation are not proposed, we would not object to a "no effect" determination from the action agency. If impacts to
streams and wetlands are proposed, and the applicant adheres to the erosion and sediment control measures described
below, we would concur with a "may affect, not likely to adversely affect" determination for this species.
• Employ strict erosion and sediment control measures to ensure that the downstream transport of disturbed
sediments is de minimis.
• All work should be accomplished from top of bank and no machinery should enter the active stream channel.
• Measures to control sediment and erosion should be installed before any ground -disturbing activities occur.
• Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday.
• Disturbed areas should be revegetated with native vegetation as soon as the project is completed.
Tricolored bat
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 White Nose Syndrome (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.
Monarch butterfly
Monarch butterfly (Danaus plexippus) is a candidate species, and we appreciate the project proponent's consideration
of monarch butterfly when evaluating the action area for impacts to federally listed species and their habitats. The
i

species is not currently subject to section 7 consultation, and an effects determination is not necessary. However,
incorporating proactive conservation measures on behalf of this animal may preclude the need to list it in the future. At
your request we can provide general or site -specific guidance for creating and maintaining habitats that support this
animal and other pollinator species.
Based on the information provided, suitable habitat does not occur within the action area for any other federally
protected species and we require no further action at this time. Further coordination and/or consultation may be
required under the Endangered Species Act (ESA) if: (1) information reveals impacts of this identified action which may
affect or may have affected listed species or critical habitat, (2) this 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.
Please contact me if you have any questions.
Regards,
Byron
Byron Hamstead
(he/him/his)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third
parties.
From: David Rabon <[e-mail]>
Sent: Wednesday, February 1, 2023 7:56 AM
To: Hamstead, Byron A <[e-mail]>; Reid, Rebekah N <[e-mail]>
Subject: RE: [EXTERNAL] The Cottages at Byron Forest: T&E Report of Findings and Review Request (Henderson County)
Byron,
I wanted to follow-up with you on concurrence for the subject project following my previous email (see
below).
Thank you,
David
David Rabon. Ph.D.
Senior Environmental Specialist
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
2

IRONMENTAL
From: David Rabon
Sent: Thursday, January 19, 2023 10:10 AM
To: Hamstead, Byron A <[e-mail]>; Reid, Rebekah N <[e-mail]>
Subject: RE: [EXTERNAL] The Cottages at Byron Forest: T&E Report of Findings and Review Request (Henderson County)
Byron,
Per your comments, our client has agreed to the tree moratorium (April 1 — October 15) for bat
species (Northern Long-eared Bat and Tricolored Bat) and the erosion and sediment control
measures you stated in your earlier email for Appalachian Elktoe. Based on these measures we
propose a determination of May Affect, Not Likely to Adversely Affect for these species.
Regarding the plant species (Bunched Arrowhead, Mountain Sweet Pitcherplant, Small Whorled
Pogonia, and Swamp Pink), during our site assessment we determined that suitable habitat was not
present for any of the listed species on the property during our site assessment. Although not
expected because habitat wasn't present, we still looked for any potential occurrence of the species
during our site assessment. As a result of finding no suitable habitat we proposed a determination of
No Effect for each of these species. We understand that if habitat had been present for any of these
species then a survey for the presence of the species during the (respective) optimal survey window
would be the most effective way for determining their presence. The lack of suitable habitat, though,
was the primary basis of our determination.
I hope this information is sufficient for you to conclude concurrence with our determinations. If
additional information is needed, please let me know.
Thank you,
David
David Rabon. Ph.D.
Senior Environmental Specialist
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
wreAllir-mbr:
gbh-
‘y
\VIWAA WO'
ONMENTAL
3

From: Hamstead, Byron A <byron [e-mail]>
Sent: Tuesday, January 17, 2023 11:20 AM
To: David Rabon <[e-mail]>; Reid, Rebekah N <rebekah [e-mail]>
Subject: Re: [EXTERNAL] The Cottages at Byron Forest: T&E Report of Findings and Review Request (Henderson County)
Hey David,
Based on the information provided, suitable forage and roosting habitat for NLEB and tricolored bats occurs within the
action area. The presence of nearby roadways does not discount habitat suitability for these species. Extensive intact
forest networks are not the only conditions that support these animals. For consultation purposes, please refer to the
definitions of suitable summer habitat in the Range -wide Survey Guidelines for IB and NLEB. I think Appendix A, and
particularly page 16 and its footnotes outline the operative bits. https://www.fws.gov/media/range-wide-indiana-bat-
and-northern-long-eared-bat-survey-guidelines At this time, these definitions can also be used for tricolored bat. Most
importantly, please confirm if/when your client commits to adhere to a tree clearing moratorium that avoids the active
season for these animals so that we can offer a MANLAA concurrence for NLEB and Tricolored bat.
Thanks for the stream/wetland impact info. I have little concern for project -mediated indirect effects to downstream
occurrences of the federally endangered Appalachian elktoe (Alasmidonta raveneliana). Given its proximity to known
records of this species, I anticipate the USACE will request our concurrence with a MANLAA determination. Provided
that the Applicant adheres to the erosion and sediment control measures listed in my previous email, we would concur
with MANLAA for Appalachian elktoe.
For plant survey methods, please know that conducting targeted botanical surveys during the appropriate timeframe is
the most critical guidance to follow. Any botanical surveys for listed plants conducted outside of the appropriate
timeframe cannot discount their presence.
Regards,
B
Byron Hamstead
(he/him/his)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third
parties.
From: David Rabon <[e-mail]>
Sent: Monday, January 16, 2023 2:59 PM
To: Hamstead, Byron A <byron [e-mail]>; Reid, Rebekah N <rebekah [e-mail]>
Subject: RE: [EXTERNAL] The Cottages at Byron Forest: T&E Report of Findings and Review Request (Henderson County)
Byron,
Hope you enjoyed your long weekend.
4

I wanted to send the attached file to you. It shows the aquatic areas that are proposed for impact. As
you will see it is a relatively small area, and not in any stream. With sediment and erosion control
measures we expect no adverse impacts to aquatic species.
Thank you,
David
David Rabon. Ph.D.
Senior Environmental Specialist
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
From: Hamstead, Byron A <byron [e-mail]>
Sent: Thursday, January 12, 2023 4:15 PM
To: David Rabon <[e-mail]>; Reid, Rebekah N <rebekah [e-mail]>
Subject: Re: [EXTERNAL] The Cottages at Byron Forest: T&E Report of Findings and Review Request (Henderson County)
5

Hey David,
NLEB and Tricolored bat
Can you confirm that Table 4.11 is accurate and that suitable habitat is not present within the proposed action area
(50CFR 402.02) for any listed species including tree -roosting bats? It looks to me that the proposed design plans overlap
forested habitat that would be cleared.
If suitable forage and/or roosting habitat is present within the action area, we strongly encourage the Applicant not to
rely on the 4(d) rule to satisfy consultation requirements for NLEB to avoid the need for reinitiating consultation. As you
know, the 4(d) rule for NLEB will no longer apply starting January 30. Your recommendation to your client to adhere to a
tree clearing moratorium that avoids this animal's active season is not sufficient to warrant our concurrence with a "may
affect, not likely to adversely affect" (MANLAA) determination as you propose in Section 4.2.
Confirmation that the proposed action would adhere to a tree clearing moratorium that avoids the active season for
NLEB and tricolored bat (April 1 - October 15) would warrant our concurrence with MANLAA determinations for NLEB
and tricolored bat should it become listed in the future.
Appalachian elktoe
Based on the information provided, the proposed the action area may or may not include streams that convey into a
reach of the French Broad River that supports the federally endangered Appalachian elktoe. If impacts to the streams
and wetlands described in your evaluation are not proposed, we would not have concerns for project -mediated impacts
to this species. If impacts to streams and wetlands are proposed, and the applicant adheres to strict erosion and
sediment control measures, we would concur with a MANLAA determination for this species. Consider the following
measures:
• Employ strict erosion and sediment control measures to ensure that the downstream transport of disturbed
sediments is de minimis.
• All work should be accomplished from top of bank and no machinery should enter the active stream channel.
• Measures to control sediment and erosion should be installed before any ground -disturbing activities occur.
• Ground disturbance should be limited to what will be stabilized quickly, ideally by the end of the workday.
• Disturbed areas should be revegetated with native vegetation as soon as the project is completed.
• Use only natural fiber matting (coir) for erosion control matting as synthetic netting can trap animals and persist
in the environment beyond its intended purpose.
Listed plants
We acknowledge that you did not observe suitable habitat for any listed plants. What does it mean that "Survey
methods followed applicable USFWS guidance, but did not occur during the optimal survey window?" What guidance
does that refer to?
Regards,
B
6

Byron Hamstead
(he/him/his)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third
parties.
From: David Rabon <[e-mail]>
Sent: Thursday, December 15, 2022 2:57 PM
To: Hamstead, Byron A <byron [e-mail]>; Reid, Rebekah N <rebekah [e-mail]>
Subject: RE: [EXTERNAL] The Cottages at Byron Forest: T&E Report of Findings and Review Request (Henderson County)
Yes, it does. Give me a call if you have any questions. Thank you.
David Rabon. Ph.D.
Senior Environmental Specialist
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
From: Hamstead, Byron A <byron [e-mail]>
Sent: Thursday, December 15, 2022 2:33 PM
To: David Rabon <[e-mail]>; Reid, Rebekah N <rebekah [e-mail]>
Subject: Re: [EXTERNAL] The Cottages at Byron Forest: T&E Report of Findings and Review Request (Henderson County)
Thanks David. This one's got my name all over it, eh? I have added to my list for review.
Regards,
B
Byron Hamstead
(he/him/his)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service

Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third
parties.
From: David Rabon <[e-mail]>
Sent: Thursday, December 15, 2022 2:15 PM
To: Reid, Rebekah N <rebekah [e-mail]>; Hamstead, Byron A <byron [e-mail]>
Subject: [EXTERNAL] The Cottages at Byron Forest: T&E Report of Findings and Review Request (Henderson County)
This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or
responding.
Rebekah/Byron,
Please find attached the T&E report of findings for The Cottages at Byron Forest project located in
Henderson County.
Fish and Wildlife Service comments are being requested proactively as an Army Corps of Engineers
NWP 29 may be required for the project. A preliminary site plan has been developed and is included
in the report. The Aquatic Resource Sketch Map also is included within the report along with
additional resources. Please let me know if you have any questions.
Thank you,
David
David Rabon. Ph.D.
Senior Environmental Specialist
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
a