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Home My WebLink About20230339 Ver 1_More Info Received_202303063/3/23, 8:24 AM BREC, P.A. Mail - Request For Comments- Contentment Golf Club- Wilkes County, NC SFiJEG Derek Goddard <derek@brec.biz> Request For Comments- Contentment Golf Club- Wilkes County, NC 2 messages Derek Goddard <derek@brec.biz> Mon, Jul 25, 2022 at 1:47 PM To: "Hamstead, Byron" <byron_hamstead@fws.gov> Byron, I hope all is well. I have attached a letter and maps requesting comments from USFWS regarding this project. We anticipate having to have a Section 404 and Section 401 CWA permits and would like to be prepared for any concerns about T and E species or habitat the service may have. If I need to send this to someone else please let me know. Have a great week. Thanks Derek Derek Goddard, PLS, GISP BREC, P.A. 1520 Meadowview Drive Wilkesboro, NC 28697 828.265.4425 336.844.4088 828.964.9349 Cell www.brec.biz derek@brec.biz Confidentiality Notice: This E-Mail transmission (and/or the documents accompanying it (Attached or uploaded to the BREC, P.A. server) may contain information belonging to the sender and/or intended recipient which is confidential, privileged and/or exempt from disclosure under applicable law. The information is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this E-Mail transmission in error, please immediately notify us by return E-Mail or telephone to arrange for return of its contents including any documents. n USFWS_COMMENT _REQUEST.pdf 6627K Hamstead, Byron A <byron_hamstead@fws.gov> Thu, Aug 25, 2022 at 8:56 AM To: Derek Goddard <derek@brec.biz> Hey Derek, We offer the following general scoping comments at this time. There is a lot here, so please reach out if you have any specific questions regarding ESA requirements and federally listed species. https://mai1.googIe.com/mail/u/0/?ik=ee92cfdc55&view=pt&search=all&permthid=thread-a%3Ar-2150200623884418141 &simpl=msg-a%3Ar65788347... 1 /4 3/3/23, 8:24 AM BREC, P.A. Mail - Request For Comments- Contentment Golf Club- Wilkes County, NC 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_ConsuItation_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.cornelI.edu/cfr/text/50/402.02 https://www.law.cornelI.edu/cfr/text/50/402.1 7 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%. 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 https://mai1.googIe.com/mail/u/0/?ik=ee92cfdc55&view=pt&search=all&permthid=thread-a%3Ar-2150200623884418141 &simpl=msg-a%3Ar65788347... 2/4 3/3/23, 8:24 AM BREC, P.A. Mail - Request For Comments- Contentment Golf Club- Wilkes County, NC 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. Proposed NLEB Reclassification According to the information provided, suitable summer roosting habitat may or may not 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: 1 5-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. 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. Concurrence After -the -Fact Project proponents should identify and employ prudent impact avoidance and minimization measures that protect listed species before impacts occur. It is not possible to complete consultation under Section 7 of the ESA for project - mediated impacts that have already occurred. Please be aware that the U.S. Fish and Wildlife Service is not authorized to eliminate the liability for "take" that may have already occurred and it is this office's responsibility to https://mai1.googIe.com/mail/u/0/?ik=ee92cfdc55&view=pt&search=all&permthid=thread-a%3Ar-2150200623884418141 &simpl=msg-a%3Ar65788347... 3/4 3/3/23, 8:24 AM BREC, P.A. Mail - Request For Comments- Contentment Golf Club- Wilkes County, NC notify the U.S. Fish and Wildlife Service Office of Law Enforcement if we believe that take under the ESA has occurred. There is a lot here. Please let me know if you have any q's. 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: Derek Goddard <derek@brec.biz> Sent: Monday, July 25, 2022 1:47 PM To: Hamstead, Byron A <byron_hamstead@fws.gov> Subject: [EXTERNAL] Request For Comments- Contentment Golf Club- Wilkes County, NC This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. 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