20221671 Ver 1_USFWS_PN Comments_20230106

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
January 6, 2023
Amanda Fuemmeler
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
[e-mail]
Subject: Woodfin Wave Recreational Development; Buncombe County, North Carolina
Dear Amanda Fuemmeler:
The U.S. Fish and Wildlife Service (Service) reviewed the information provided in the
December 6, 2022, public notice for the proposed action referenced above wherein the U.S.
Army Corps of Engineers (USACE) requests consultation with our office. We submit the
following comments in accordance with the provisions of the Fish and Wildlife Coordination
Act, as amended (16 U.S.C. 661-667e); 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).
Project Description
Based on the information provided, the Applicant (Town of Woodfin) proposes to expand
recreational facilities at the existing 12-acre Riverside Park within, and adjacent to, the French
Broad River in Woodfin, North Carolina. The Applicant proposes to redevelop the park, install
numerous recreation amenities within the floodplain, and install a recreational standing
whitewater wave structure within the river.
The public notice provided draft design plans for the portion of the proposed action area (50CFR
402.02) involving the redevelopment of the park facility within riparian habitats. Plans detailing
proposed erosion and sediment controls for both the park and standing wave were also provided.
However, the public notice did not provide design plans for the standing wave structure that
detail the proposed structure's dimensions, elevations, materials, construction sequence, or
construction duration.
According to design plans for the proposed park redevelopment, facilities would be expanded to
include additional greenway access, river access, beach area, pavilions, picnic areas, access
ramps, changing rooms, interpretive signage, a variety of playground areas, foot wash station,
dog waste station, bike racks, natural -surfaced and paved walkways, and parking areas with
appurtenances for cars and trailers.

Tables 1 and 2 of the public notice indicate that the proposed action would authorize proj ect-
mediated impacts to approximately 3.13 acres of stream channel, open water, and riverbank
resulting in the permanent loss to 0.057 acre of Waters of the United States (WotUS). The
information provided indicates the Applicant does not propose any compensatory mitigation for
project -mediated impacts to WotUS.
The Applicant proposes to avoid or minimize impacts to natural resources and the habitats that
support them by: 1) employing coffer dams to accomplish some instream work under "dry"
conditions; 2) implement various sediment and erosion control measures that are consistent with
state requirements; 3) stabilize and revegetate disturbed areas with native species; 4) retain
certain native riparian vegetation; 5) remove invasive vegetation during construction, and; 6)
stabilize certain reaches of streambank adjacent to proposed disturbance activities.
Biological Assessment Request
By public notice, the USACE requests consultation with our office under section 7 of the Act but
did not indicate the species effect determinations for which they are seeking our concurrence. To
inform prudent effect determinations from the USACE for project -mediated impacts to federally
protected species, we strongly encourage project proponents to prepare a comprehensive
biological evaluation or biological assessment (BE/BA) for the proposed project and we reiterate
our August 17, 2022, guidance for doing so (see Appendix A). We remind project proponents
that our concurrence with an action agency's findings depends on the level of detail in their
BE/BA as well as the cogency of the biological rationale for effect findings. To conduct our
review and offer substantive comments, at a minimum, we need enough information to discern
the action area, the effects of the action, and where suitable habitat is present within the action
area. It is the responsibility of project proponents to determine if suitable habitat and/or listed
species are present within the action area. Please refer to 50 CFR 402.02 and 50 CFR 402.17 for
definitions of the terms above.
We request that any BE/BA prepared for this project provide the following information:
1. Design drawings and written descriptions of the proposed wave structure that describe the
proposed dimensions, elevations, materials, and methods for installing and maintaining
the structure. We encourage the Applicant to detail any consideration given to
alternatives to the chosen project design, including any alternatives which exclude the
construction of the standing wave.
2. A Gannt chart detailing the proposed construction sequence and timeline for the park and
the standing wave. We are particularly interested and concerned about the duration of
instream activities that may affect federally listed species and their habitats. We request a
description for any proposals from project proponents to notify agencies in instances of
construction delays or unforeseen impacts to natural resources.
3. A description of proposed contingencies intended to be protective of natural resources,
life, and property for instances of high flow events during construction.
2

4. A description of any proposed long-term maintenance activities related to the standing
wave structure and park (for example, debris removal, frequency and methods for
inspecting the wave structure, methods for addressing erosion from recreational
disturbance, invasive species maintenance, tree maintenance, etc.). We are particularly
interested and concerned for maintenance activities which may affect federally listed
species and their habitats later in time that are reasonably certain to occur.
5. A description or design plan for proposed seeding and planting within the action area.
Specifically, we request seed lists related to the installation, timing, and maintenance of
planted areas (see comments below on behalf of Monarch butterfly).
6. A description of project -mediated impacts to the hydrology or hydraulic characteristics of
aquatic habitat within the action area. We encourage project proponents to reference any
HEC-RAS data prepared for this project in their BE/BA. We are particularly interested
and concerned for project -mediated impacts that may affect flow conditions at the
streambed (where mussels may occur). We are also concerned for project -mediated
effects to the safe, timely, and effective passage (upstream and downstream) of fish
(including mussel host fish) and aquatic invertebrates.
7. A description and/or design plans for any temporary or permanent lighting associated
with the proposed action. We are particularly concerned for project -mediated impacts to
federally protected bat species which are averse to light. At the Applicant's request, we
can assist with the development of a bat -friendly permanent lighting design and provide
examples (see General Comments for "Lighting" below).
8. A description of proposed interpretive signage or passive outreach features that promote
natural resource conservation. At the Applicant's request, we can assist with the
development of these design elements.
We offer the following additional comments and guidance which reflect some changes to the
status of species since we provided our August 17, 2022, guidance.
Federally Listed Species
Project proponents should first generate a list of federally protected species from
https://ipac.ecosphere.fws.gov/. This list of species should be considered in a BE/BA. See
Appendix B for preparing an official species list via IPaC.
Appalachian elktoe (Alasmidonta raveneliana)
Based on the information provided, known records of the federally endangered Appalachian
elktoe occur in the French Broad River in the vicinity of the proposed project and suitable habitat
may occur within the proposed action area. Moreover, this reach of the French Broad River is an
important location for habitat improvement efforts that may support this animal's recovery. A
BE/BA should fully evaluate potential project -mediated effects of the action to this animal
including potential direct, indirect, and cumulative effects. If suitable habitat for this animal
occurs within the action area, project proponents may choose to assume presence of this species
rather than conduct species surveys, as detection probability for this animal is inherently low. If
3

targeted mussel surveys have been or will be conducted, we request that the findings be
presented in a BE/BA prepared for this project.
Like most benthic, sessile, filter -feeding macroinvertebrates, this animal is highly susceptible to
alterations to physical and chemical habitat conditions. Therefore, stringent stormwater, erosion
and sediment control measures should be established to ensure that project -mediated
disturbances do not convey into the French Broad River. Proper erosion and sediment controls
should reduce the probability for incidental take of this animal where its suitable habitats occur
within the action area (see General Comments for Erosion and Sediment Controls below).
Northern Long Eared Bat (Myotis septentrionalis, NLEB)
Suitable habitat for the federally endangered NLEB may occur within the proposed action area.
On November 30, 2022, the Service published a final rule to reclassify NLEB as endangered
under the Act. The bat, previously listed as threatened with a 4(d) rule, faces extinction due to
the range -wide impacts of white -nose syndrome (WNS), a deadly fungal disease affecting cave -
dwelling bats across the continent. Once effective (January 30, 2023), the final rule will remove
the 4(d) rule for the NLEB, as these rules may be applied only to threatened species.
Given the effective date of this reclassification and feasible project timelines, we highly
encourage project proponents not to rely on the 4(d) rule for this animal to satisfy consultation
requirements. If suitable roosting and foraging habitat for this animal is present within the action
area, avoiding project -mediated disturbance to these habitats during its active season (April 1 —
October 15) would reduce the probability for incidental take of this animal.
Tricolored bat (Perimyotis subflavus)
Suitable habitat for tricolored bat may occur within the proposed action area. 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 project proponents suspect that the proposed 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.
Generally, impact avoidance and/or minimization measures that reduce the probability for take
of NLEB and other tree -roosting bats will also be protective of this animal. We welcome project
proponents to contact our office for additional guidance or assistance if project proponents
determine that suitable habitat is present within the proposed action area.
4

Monarch butterfly (Danaus plexippus)
Suitable habitat may occur within the proposed action area for the Monarch butterfly which is a
candidate specie for listing under the Act. While this species is not subject to section 7
consultation at this time, and an effects determination is not necessary, we encourage project
proponents to consider project -mediated impacts to its habitats. At the Applicant's request, we
can provide general recommendations to benefit pollinators which would also be protective
and/or beneficial for monarch butterfly (see Appendix C).
Gray bat (Myotis grisescens)
Records and/or roosts for the federally endangered gray bat occur in the project vicinity and
suitable habitat for this animal may occur within the action area. In addition to caves, this animal
also occupies manmade cave -like structures such as bridges, culverts, buildings, and dams. We
request that the Applicant confirm that no manmade cave -like structures are present within the
action area that may provide suitable roosting habitat for this or other federally protected
animals. Any cave -like structures within the action area should be evaluated for evidence of bat
use and/or the presence of this species before construction begins.
During its active season (March 15 — November 15), gray bats forage for insects along rivers,
reservoirs, ponds, and wetlands. Rivers serve as the main commuting areas for this migratory
species, but gray bats will also commute over land. Based on the information provided, suitable
forage and commuting habitat for this animal is very likely to occur within the action area.
Project -mediated tree clearing, grading, and lighting activities may affect these suitable habitats
and may result in take of this animal. Avoiding project -mediated impacts to suitable forage and
commuting habitats during this animal's active season described above should minimize the
probability of incidental take of this animal.
General Comments and Concerns
Lighting
Species in the genus Myotis, including gray bat are light averse and the addition of permanent
night lighting may repel foraging or commuting bats from affected habitats. We encourage
project proponents to minimize exterior lighting to what is necessary to ensure reasonable human
safety and use fully shielded downcast lighting directed away from the French Broad River. We
encourage the Applicant to consider the feasibility of additional measures outlined in Appendix
D that are intended to reduce lighting impacts to light -averse animals. At the Applicant's request,
our office can assist with the development and/or review of a proposed lighting design for this
project. These impact avoidance and minimization measures would reduce the probability for
incidental take of federally protected bat species.
Erosion and Sediment Control Measures
We acknowledge and appreciate the Applicant's proposed sediment and erosion control
measures provided in this public notice. Measures to control sediment and erosion should be
installed before any ground -disturbing activities occur. Grading and backfilling should be
minimized, and existing native vegetation should be retained (if possible) to maintain riparian
cover for fish and wildlife. Disturbed areas should be revegetated with native vegetation as soon
5

as the project is completed. Ground disturbance should be limited to what will be stabilized
quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for
erosion control as synthetic netting can trap animals and persist in the environment beyond its
intended purpose.
Removal of Craggy Dam
The Craggy Dam occurs on the French Broad River approximately 0.6 river miles downstream
of the proposed standing wave. The Service supports cogent and comprehensive proposals to
remove barriers to aquatic organism passage, which may include Craggy Dam in the future. We
are concerned for any project -mediated affects which may impair the ability or feasibility of
removing this barrier should the owner become willing and able to do so.
The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail] if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-23-442.
Sincerely,
Digitally signed by JANET
JANET M I ZZ I Date:12023.01.06 10:06:20
-05'00'
Janet Mizzi
Field Supervisor
6

Appendix A — Guidance for Preparing a Biological Evaluation or Biological Assessment

12/7/22, 12:39 PM Mail - Hamstead, Byron A - Outlook
RE: [EXTERNAL] Woodfin Wave T/E Meeting
Owen Carson <[e-mail]>
Wed 8/17/2022 1:30 PM
To: Fuemmeler, Amanda J CIV USARMY CESAW (USA) <[e-mail]>;Hamstead, Byron A
<[e-mail]>
Yes, a ia! ins:
Confirmed, I'll be there. And Byron, thanks for the contextual information.
Best,
Owen Carson
Botanist / Senior Ecologist
40•0 EQUINOX
balo+tce trough properplonrrrr,q
37 Haywood Street, Suite 100
Asheville, NC 28801
[phone] extension 204
Mobile: [phone]
Check out our website and b!og! Visit us at www.equinoxenvironmental.com
From: Fuemmeler, Amanda J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, August 17, 2022 1:27 PM
To: Hamstead, Byron A <[e-mail]>
Cc: Owen Carson <[e-mail]>
Subject: RE: [EXTERNAL] Woodfin Wave T/E Meeting
Thanks..just sent a MS Teams invite for 10 am on Friday Sept. 2nd
Amanda Jones
828-271-7980 ext. 4225
From: Hamstead, Byron A byron [e-mail]
Sent: Wednesday, August 17, 2022 10:48 AM
To: Fuemmeler, Amanda J CIV USARMY CESAW (USA) [e-mail]
Cc: Owen Carson <[e-mail]
Subject: [URL Verdict: Neutral][Non-DoD Source] Re: [EXTERNAL] Woodfin Wave T/E Meeting
Thanks Amanda,
I can meet Friday Sept 2 before noon. How about 1000?
I think the next step for consultation would be to prepare/submit a biological evaluation or biological assessment
for the project. Below is a bunch of guidance for doing that. I think for App elktoe, assuming presence and
identifying impact avoidance and minimization measures is the best path forward. If proposed impact avoidance
https://outlook.office365.com/mail/id/AAQkAGE3NjJIN213LTVmY21tNDU2Ny04NGU0LTQ1YjhmODZIODNkMwAQAAAkFut3hUeUhzT418Mf4ho%3D 1/4

12/7/22, 12:39 PM Mail - Hamstead, Byron A - Outlook
and minimization measures reduce the probability for take of App elktoe to a level that is "insignificant" and/or
"discountable" (see definitions below), we would concur with a MANLAA determination from the USACE.
Scoping Comments and Concurrence Requests
We always encourage project proponents (action agencies, their representatives, or Applicants) to prepare a
biological evaluation/biological assessment (BE/BA) to support a prudent effect determination to federally listed
species from the action agency and/or findings pursuant to the National Environmental Policy Act. Should project
proponents choose to prepare a BE/BA, below are some guidance resources that you may find useful for this and
future projects:
https://www.fws.gov/office/asheville-ecological-services/asheville-field-office-online-review-process-overview
Project proponents can view and download the Endangered Species Act Consultation Handbook from the
following website: https://www.fs.fed.us/r6/icbemp/esa/files/ESA_Section7_Consultation_Handbook_1998.pdf
Project proponents can generate a list of federally protected species from the following website that should be
considered in any BE/BA: https://ipac.ecosphere.fws.gov/. This IPaC website is the best source to generate a
species list at this time.
Generally, our concurrence with an action agency's findings depends on the detail of the information provided by
project proponents as well as the cogency of the biological rationale for effect findings. To conduct our review
and offer substantive comments, at a minimum we need enough information to discern the action
area, the effects of the action, and if suitable habitat is present within the action area. It is the responsibility of
project proponents to determine if suitable habitat and/or listed species are present within the action area.
Please refer to 50CFR 402.02 and 50CFR 402.17 for definitions of the terms above:
https://www.law.cornell.edu/cfr/text/50/402.02
https://www.law.cornell.edu/cfr/text/50/402.17
Effect Determinations
The effects of the action, and proposed impact avoidance and minimization measures may vary widely for each
project, but we generally employ the following rationale for making cogent effect determinations.
"No effect" — A "no effect" determination from the action agency is appropriate when suitable habitat is not
present within the action area._
"May affect, not likely to adversely affect" — Our concurrence with "may affect, not likely to adversely affect"
determinations from the action agency is appropriate when the probability for incidental take is insignificant
and/or discountable. Insignificant effects relate to the size of the impact and should never reach the scale
where take occurs. Discountable effects are those 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.
"May affect, likely to adversely affect" — Formal consultation is required. Project proponents must submit a
comprehensive BA to the Service. The Service will write a Biological Opinion and Incidental Take Statement
within 90 days of receiving a complete BA.
Surveys
The lack of known species records in the action area does not completely discount the presence of listed species.
Survey records for listed species are incomplete, imprecise, and all suitable habitats for listed species have not
been evaluated recently. If suitable habitat is present within the action area, we encourage project proponents to
conduct targeted plant or animal surveys to inform a prudent effect determination from the action
agency. Detectability is inherently low for listed species and we acknowledge that a surveyor's effectiveness and
detection probability is less than 100% accurate. Therefore, the probability for "take" or inadvertent loss of a
species where its suitable habitat is present is greater than 0%.
https://outlook.office365.com/mail/id/AAQkAGE3NjJIN213LTVmY21tNDU2Ny04NGU0LTQ1YjhmODZIODNkMwAQAAAkFut3hUeUhzT418Mf4ho%3D 2/4

12/7/22, 12:39 PM Mail - Hamstead, Byron A - Outlook
In lieu of surveys, project proponents may choose to assume presence of listed species within the action area and
identify impact avoidance and/or minimization measures that reduce the probability of incidental take or
inadvertent loss to a level that is insignificant or discountable.
Plant species (seeds, tubers, etc.) may remain dormant belowground for years, and may also disperse, germinate,
propagate, in previously undocumented locations. For Endangered Species Act consultation purposes, plant
survey results are valid for 1-2 years depending on the species:
https://www.fws.gov/story/2022-03/north-carolinas-federally-threatened-endangered-and-risk-plant-species
Some survey methods for listed animals may result in incidental take. Section 10(a)(1)(a) permits may be required
in some situations.
Concurrence and Reinitiating Consultation
Our concurrence with action agency effect determinations rely on the cogency and accuracy of the information
provided. 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.
Concurrence not required
Our concurrence with "no effect" determinations from action agencies is not required. In accordance with the
ESA, it is the responsibility of the appropriate federal action agency or its designated representative to review its
activities or programs and to identify any such activities or programs that may affect endangered or threatened
species or their habitats. If it is determined that the proposed activity may adversely affect any species federally
listed as endangered or threatened, formal consultation with this office must be initiated.
NLEB and Proposed Reclassification
According to Service records, suitable summer roosting habitat may be present in the action area (50CFR 402.02)
for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule,
(effective as of February 16, 2016) exempts incidental take of northern long-eared bat associated with activities
that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known,
occupied maternity roost during the pup season (June 1—July 31). Based on the information provided, the
project would occur at a location where any incidental take that may result from associated activities is exempt
under the 4(d) rule for this species. Although not required at this time, we encourage the Applicant to avoid any
associated tree clearing activities during this animal's pup season, maternity roosting season (May 15 — August 15)
and/or active season (April 1— October 15). If adhered to, a tree clearing moratorium would also support our
concurrence with a "may affect, not likely to adversely affect" determination from the action agency for this
animal.
Additionally, please note that on March 23, 2022, the Service published a proposal to reclassify the northern long-
eared bat (NLEB) as endangered under the Endangered Species Act. The U.S. District Court for the District of
Columbia has ordered the Service to complete a new final listing determination for the NLEB by November 2022
(Case 1:15-cv-00477, March 1, 2021). The bat, currently listed as threatened, faces extinction due to the range -
wide impacts of white -nose syndrome (WNS), a deadly fungal disease affecting cave -dwelling bats across the
continent. The proposed reclassification, if finalized, would remove the current 4(d) rule for the NLEB, as these
rules may be applied only to threatened species. Depending on the type of effects a project has on NLEB, the
change in the species' status may trigger the need to re -initiate consultation for any actions that are not
completed and for which the Federal action agency retains discretion once the new listing determination
becomes effective (anticipated to occur by December 30, 2022). If your project may result in incidental take of
NLEB after the new listing goes into effect this will need to be addressed in an updated consultation that includes
an Incidental Take Statement. If your project may require re -initiation of consultation, please contact our office for
additional guidance.
Regards,
https://outlook.office365.com/mail/id/AAQkAGE3NjJIN213LTVmY21tNDU2Ny04NGU0LTQ1YjhmODZIODNkMwAQAAAkFut3hUeUhzT418Mf4ho%3D 3/4

12/7/22, 12:39 PM Mail - Hamstead, Byron A - Outlook
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: Fuemmeler, Amanda J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, August 17, 2022 10:21 AM
To: Hamstead, Byron A <byron [e-mail]>
Subject: [EXTERNAL] Woodfin Wave T/E Meeting
This email has been received from outside of DOI - Use caution before clicking on links, opening
attachments, or responding.
Byron,
Hope all is well. I wanted to reach out and coordinate a meeting between USFWS, Corps and Owen Carson with
Equinox to discuss next steps on Section 7 consultation requirements. The application will likely be forthcoming in
the next month or so and I think it would be good to get you caught up on where they are at and discuss a path
forward for consultation on Elktoe. Owen and I are available Friday, September 2nd (before noon) and anytime on
Wednesday, September 7th (except 9-10am). We can do in -person, virtual, or phone so just let me know your
preference, thanks!
Amanda Jones
Regulatory Specialist
USACE-Asheville Regulatory Field Office
828-271-7980 ext. 4225
https://outlook.office365.com/mail/id/AAQkAGE3NjJIN213LTVmY21tNDU2Ny04NGU0LTQ1YjhmODZIODNkMwAQAAAkFut3hUeUhzT418Mf4ho%3D 4/4

Appendix B — Guidance for Generating Official Species Lists
Thank you for submitting a project to our office for review. We've recently made some changes
to our review process to streamline consultations. To continue processing your request, we ask
that you visit the US Fish and Wildlife Services' Information, Planning, and Conservation (IPaC)
website to generate an official species list and project code. Please forward your official
species list and project code to the consultation biologist reviewing your project, then we
can proceed with our review.
If you have already started this project in IPaC and received an official species list after February
1, 2022, please provide the project code that is on the top of the "Species List: Asheville
Ecological Services Field Office" PDF that was generated by IPaC. If you started this project in
IPaC prior to February 1, 2022, please request an updated species list and provide the project
code that is on the updated PDF.
For those new to IPAC*, follow these steps to create an official species list and project code:
1. Visit https://ipac.ecosphere.fws.gov/ and select "Get Started."
2. Map your project area. Use the 3-step process to find, define, and confirm your project
location. This generates a non -official species list. If you click "Print Resource List", the
PDF will have a "Not for Consultation" watermark across all pages. If you do not plan to
consult with us, you may stop here and use this resource list to view potential species in
your project area. Note that this list (and the official species list) do not include at -risk
species. To continue with consultation and request an official species list, go to Step 3.
Click the "Define Project" link under "What's Next." You will be prompted to login to
IPaC (if you do not have an account- create one). Once you have logged in, name your
project — including a descriptive "Project name" with project type and County name is
helpful. Please also include a project description. Click "save".
3. On the Project Home page, request a species list (manila box to the right, "Request
Species List").
4. Confirm you would like to request an official species list. Please note - Requesting an
official species list is only for consultants and agencies that intend to consult with
the USFWS under section 7 or are otherwise seeking technical assistance for their
project.
5. Provide the requested information and "Submit Official Species List Request".
6. Wait for the request to process, then download the PDF.
Your Project and Official Species List will always be available in your "My Projects" list.
Additional functionality is being developed within IPaC to further streamline our environmental
review process. Please continue to explore the options that will be available for your office on
the IPaC website.
*Click here to watch an 8-minute step-by-step video for requesting an official species list and
generating a project code.

Appendix C — General Pollinator Habitat Guidance
Pollinators, such as most bees, some birds and bats, and other insects, including moths and
butterflies, play a crucial role in the reproduction of flowering plants and production of most
fruits and vegetables. Over 75 percent of flowering plants and about 75 percent of crops are
pollinated by these types of fauna. A recent study of the status of pollinators in North America
by the National Academy of Sciences found that populations of honey bees (which are not native
to North America) and many wild pollinators are declining. Declines in wild pollinators are a
result of disease and the loss, degradation, and fragmentation of habitat. Because loss of habitat
and diminished native food sources have decreased the populations and diversity of pollinators
throughout the country, we recommend that development projects be sited in areas that are
previously disturbed (fallow fields, closed industrial sites, etc.) or sites that do not impact mature
forests, streams, or wetlands.
We have records of rare species of pollinators in the area, including monarch butterfly (Danaus
plexippus plexippus), a federal candidate for listing.1 Monarch butterflies east of the Rocky
Mountains used to number in the hundreds of millions but the population has declined by
approximately 80 percent. Loss of habitat due to genetically modified crops, overuse of
herbicides and insecticides, urban, suburban and agricultural development, disease, climate
change, and overwintering site degradation are the leading causes of monarch decline. Adults
use a wide variety of flowering plants throughout migration for nectar and breeding. However,
milkweed plants (Asclepias spp.) are essential to monarch breeding as these are the only genus of
plants that can host monarchs in their larval form. For a regional and seasonal list of plants
important to monarch butterflies, please visit the Xerces Society website at:
http://www.xerces.org/monarch-nectar-plants/.
Although the provisions of section 7 of the Act do not currently apply to candidate species or
other non -listed pollinators, we would greatly appreciate your assistance in determining if
monarch butterflies or suitable habitat for the species is present on the proposed project site. If
individuals or suitable habitat is present, impacts should be avoided. More specific information
about monarch butterfly can be found at the Service website dedicated to the species at:
https://www.fws.gov/savethemonarcht
To reduce development impacts to monarch butterflies and other pollinators and/or to increase
the habitat and species diversity within the project area, we recommend the following measures
be incorporated into project designs:
1. Throughout the site, avoid non-native seed mixes and plants. Instead, sow native seed
mixes and plant species that are beneficial to pollinators.
1"Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological
vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not yet
been issued because this action is precluded at present by other listing activity. Development and publication of
proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as
other affected parties to give consideration to these taxa in environmental planning" (Federal Register, February 28,
1996). Taxa formerly considered as "Category 1" are now considered as "candidates."

a. Avoid seed mixes and plants that have been pre-treated with insecticides, such
as neonictinoids.
b. Taller -growing pollinator plant species should be planted around the periphery
of the site and anywhere on the site where mowing can be restricted during the
summer months. Taller plants, not mowed during the summer, would provide
benefits to pollinators, habitat for ground-nesting/feeding birds, and cover for
small mammals.
c. Native low-growing/groundcover species should be planted in areas that need
to be maintained. This would provide benefits to pollinators while also
minimizing the amount of maintenance, such as mowing and herbicide
treatment.
d. Using a seed mix that includes milkweed species is especially beneficial for
monarch butterflies. The following website provides additional information
and a comprehensive list of native plant species that benefit pollinators:
http://www.xerces.org/pollinator-resource-center/mid-atlantic. We also offer
our assistance with developing seed mixes that can be used in conjunction with
fast growing erosion control seed mixes for overall soil stability and pollinator
benefits.
e. Additional information regarding plant species, seed mixes, and pollinator
habitat requirements can be provided upon request.
2. Mowing and grounds maintenance, including pesticide use, should be scheduled to not
interfere with monarch breeding or nectaring at project sites that occur along the
migration route. To reduce harm, we advise mowing in the fall or winter when
flowers are not in bloom.
3. Provide nesting sites for pollinator species. Different pollinators have different needs
for nesting sites. Therefore, we recommend project designs include a diverse array of
habitats to accommodate varied pollinators. For example:
a. Hummingbirds typically nest in trees or shrubs.
b. Many butterflies lay eggs on specific host plants.
c. Most bees nest in the ground and in wood or dry plant stems.
d. For additional information and actions that can be taken to benefit pollinators,
please visit the following website: https://www.fws.gov/pollinators/.
4. Minimize effects of outdoor light pollution. Recent studies indicate that artificial
lighting disrupts the natural reproduction and feeding patterns of nocturnal pollinators
such as beetles and moths. This disruption results in a decrease of pollination rates in
plants and a decrease in the health and diversity of nocturnal pollinators. When
developing an outdoor lighting plan or installing any outdoor lighting devices, we
recommend the following measures be considered to minimize potential adverse
effects of outdoor lighting:
a. Decrease the number of light fixtures, as practicable, to meet lighting
objectives.
b. Install lighting only in areas that need illumination for safety (e.g. paths, roads,
etc.). Avoid lighting landscape features such as trees, shrubs, or building
facades.
c. Install fully shielded lights that direct light downward.

d. Use only low-pressure sodium (LPS), high-pressure sodium (HPS), or light
emitting diode (LED) light sources that emit "warm" light. "Warm" light
sources are those that contain low amounts of blue light in their spectrum.
Choosing light sources with a color temperature of no more than 3,000 Kelvins
will minimize the effects of blue light exposure.
e. For additional information and actions that can be taken to reduce outdoor
light pollution, please visit the following website:
https://www.darksky.org/our-work/lighting/lighting for-citizens/lighting-
basics/.

Appendix D — General Lighting Avoidance and Minimization Measures for Myotis sp.
When developing an outdoor lighting plan, installing any outdoor lighting devices, performing
maintenance at existing lights, or modifying lighting, we recommend consideration for the
following measures on behalf of bats that are adverse to lighting. For additional information and
practices to reduce outdoor light pollution, please visit https: //www. darksky. org/our-
work/lighting/lighting for-citizens/lighting-basics/.
• Reduce the amount of lighting needed for all activities to the maximum extent practicable
while meeting lighting objectives.
• Install lighting only in areas that need illumination for safety (e.g. paths, roads, etc.).
• Avoid lighting landscape features such as trees, shrubs, building facades, adjacent
wooded areas, or the surface waters of rivers and streams that provide suitable habitat for
bats, pollinators and other wildlife species.
• Use the shortest light pole that meets safety requirements.
• Use light fixtures with a Backlight-Uplight-Glare (BUG) rating of 1-0-3 or less. The goal
is to be as close to 0 for all three ratings with a priority for "uplight" rating of 0 and
"backlight" rating as low as practicable.
• Use light fixtures with a lower lumen output, reducing overall brightness.
• Use light fixtures with a more rectangular light pattern as well as house side or fully
shielded lights to minimize lighting outside of the pavement area and direct light
downwards.
• Use only low-pressure sodium (LPS), high-pressure sodium (HPS), or light emitting
diode (LED) light sources that emit "warm" light. "Warm" light sources are those that
contain low amounts of blue light in their spectrum. Choosing light sources with a color
temperature of no more than 3,000 Kelvins will minimize the effects of blue light
exposure (Downs 2003).
Construction Lighting
• Between March 15 and November 15 (active season for gray bat), limit all construction -
related lighting to whatever is necessary to maintain safety in active work areas.
• Limit night work that requires artificial light.
• Restrict lighting to where active construction is occurring.
• If installing lighting on construction sites to ensure safe passage for river users, install
steady-state, solar -powered red lighting to avoid additional noise from generators.