20230566 Ver 1_Re_ [EXTERNAL] FW_ City of Morganton Bethel Park Stream Restoration Project T&E review_20230418

From: Hamstead, Byron A
To: Win Taylor
Subject: Re: [EXTERNAL] FW:City of Morganton Bethel Park Stream Restoration Project T&E review
Date: Thursday,January 26,2023 9:55:50 AM
Thanks Win.
10-4 on your plan for plant surveys and confirmation of LOD. Please let me know if you have any q's
along the way.
We dont have significant concerns for non-tree-clearing activities that may occur during the "active
season" like those you described. We expect that various non-tree removal activities which may
involve noise/percussive disturbance, will be underway for at least a portion of the "active season".
However, we believe that these noise-mediated disturbances will be insignificant and/or
discountable.
With that said, and to the extent that is practicable, we encourage project proponents to accomplish
all work which may result in "noise disturbance" outside of the active season - and especially the pup
season (June 1 -July 30), which is the most biologically sensitive time of year for this animal. The
critical bit is to accomplish tree clearing of suitable habtiat outside of the "active season".
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: Win Taylor<[e-mail]>
Sent:Tuesday,January 24, 2023 12:29 PM
To: Hamstead, Byron A<[e-mail]>
Subject: RE: [EXTERNAL] FW: City of Morganton Bethel Park Stream Restoration Project T&E review
Byron,
Thanks for the detailed email correspondence. It is a lot of information as you indicated but I think I

understand what you need from us. To start with the project code for the IPaC species list is as
follows: 2023-0013980. I've also attached the document as well.
Your assumption about proposed stream restoration activities occurring within areas identified as
having suitable habitat is correct. We are currently working through design plans and will have a
defined limit of disturbance (LOD) in the coming months that I can pass along. As of now, the
proposed LOD will overlap in portions of identified habitat for Dwarf-flowered heartleaf, small
whorled pogonia, Northern long-eared bat, and tri-colored bat.
With this being said I will plan on a follow up site visits to document presence/absence of the plant
species.
As for the Northern long-eared bat and tri-colored bat, we understand that proposed tree clearing
activities can not occur during the active season for these species (April 1- October 15). Can other
non-tree clearing construction activities occur during this moratorium? We would target conducting
all construction outside of these dates, but in the event construction overlaps a portion of this
moratorium, I just want to make sure we could sequence the activities. For example,there is a good
portion of the stream restoration activities that will occur within the open existing park area and just
want to make sure that conducting activities that did not involve tree clearing would be compliant.
Thanks for your help with this. Let me know if you need anything else from me to help address my
additional questions.
Thanks, Win
. . . . . . . . . . . . . . . . . . . . . .. ...........................
Win Taylor PWS, FPC I Senior Environmental Scientist
0: 843.277.6221 x102 M: 843.412.6314
Wildlands Engineering. Inc.
497 Bramson Ct, Suite 104
Mount Pleasant, SC 29464
From: Hamstead, Byron A<[e-mail]>
Sent: Friday,January 20, 2023 4:06 PM
To: Win Taylor<[e-mail]>
Subject: Re: [EXTERNAL] FW: City of Morganton Bethel Park Stream Restoration Project T&E review
Hey Win,
I think your original request may have bounced to my Spam folder. I have added your email address
and wildlands' email domain to my "do not bounce" list. I hope that fixes that issue.
We offer the following comments regarding project-mediated impacts to federal trust resources:

General Comments
Please send along your Official IPaC species list when you get a minute. Specifically, I need the
"project code" associated with that species list.
The Species Conclusions Table in your correspondence indicates that you observed suitable habitat
onsite for several federally listed species. Based on the information provided, I assume that "suitable
habitat present" means that it is present within the "action area" (50CFR 402.02). Any project
design plans and ideally, proposed limits of disturbance prepared at this time may help define and
refine the action area. In lieu of those plans, we will have to make some assumptions that err on the
side of caution for the natural resource.
Appropriate timeframes for conducting botanical surveys can be found
here: https://www.fws.gov/story/2022-03/north-caroIinas-federally-threatened-endangered-and-
risk- Ip ant-s ep cies
North Carolina's federally
threatened, endangered,
and at-risk plant species
U.S. Fish & Wildlife Service
- FWS.aov
These survey windows were determined
using information from species recovery
plans, field observations, herbaria
specimens, and NC Natural Heritage
Program information. If suitable habitat
for species is present in the proposed
www.fws.gov
Dwarf-flowered heartleaf
The information provided indicates that suitable habitat is present within the action area for the
federally threatened dwarf-flowered heartleaf(Hexastylis naniflora, DFH). We acknowledge your
November 17, 2022 survey effort. Members of the genus Hexastylis can be positively identified
year-round using diagnostic characteristics of its evergreen leaf. However,floristic characters are
needed to differentiate DFH from its congeners and would require that surveys be conducted during
the spring flowering season (March - May). If no members of the genus Hexastylis were detected
during your November surveys, we would concur with a "may affect, not likely to adversely affect"
determination from the action agency for this species.
Small whorled pogonia
Your correspondence indicates that suitable habitat is present within the proposed action area for
the federally threatened small whorled pogonia (Isotria medeoloides). However, botanical surveys

conducted outside of this species' appropriate survey window (mid-May-early-July) cannot be used
to discount its presence. Where suitable habitat is present within the action area, targeted botanical
surveys should be conducted during the survey window described above. If surveyors do not detect
this species during appropriate survey windows, we would concur with a "may affect, not likely to
adversely affect" determination from the action agency for this species. If suitable habitat is not
present within the action area for this species, we would not object to a "no effect" determination
from the action agency and our concurrence with "no effect" determinations from action agencies is
not required.
Gray bat
According to Service records, no known hibernacula and/or roosts for the federally endangered gray
bat (Myotis griscecens) occur in the project vicinity. Based on the information provided, suitable
roosting habitat (bridges and box culverts) occur within the proposed action area and we
acknowledge that no evidence for bat use (staining, guano, live or dead bats, etc) was observed in
these structures. Provided that these structures are inspected within two weeks prior to their
disturbance, we would concur with a "may affect, not likely to adversely affect" determination from
the action agency for this species.
Northern long-eared bat
Based on the information provided, suitable summer roosting and foraging habitat occurs within the
proposed action area for the federally endangered northern long-eared bat (Myotis septentrionalis,
NLEB). Provided that proposed tree clearing activities do not occur during the active season for this
animal (April 1 -October 15), we would concur with a "may affect, not likely to adversely affect"
determination for this species.
Tricolored bat
On September 14, 2022, the U.S. Fish and Wildlife Service (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 and are not subject
to section 7 consultation requirements; 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.
Based on the information provided, suitable summer roosting and foraging habitat for the
proposed endangered tricolored bat (Perimyotis subflavus) occurs within the proposed action
area. Provided that all proposed tree clearing will avoid the active season for this animal (April
1 - October 15), we believe the proposed action may affect,but is not likely to adversely affect

this species. Moreover, this determination can be adopted as concurrence with the lead federal
action agency if this species becomes listed in the future.
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 species is not subject to section 7 consultation, and an
effects determination is not necessary. General recommendations for pollinators can be provided
and would be protective of monarch butterfly should the project proponent like to implement them
in the future.
Bog turtle
The information provided indicates that suitable habitat is present within the action area for
the federally threatened bog turtle (Glyptemys muhlenbergii). Based on aerial imagery and the
information provided, it seems unlikely that onsite habitats would support this species. Please
pass along any site photography of the areas that provide suitable habitat for this species. This
animal is known to occur in shallow spring-fed fens, sphagnum bogs, marshy meadows, and
pastures with thick, grassy cover crossed by slow, muddy-bottomed streams. Nearly all of the
known habitats supporting this animal in North Carolina are open and sunny. As stated in your
correspondence, this species is not subject to consultation requirements at this time. However,
incorporating proactive conservation measures on its behalf may preclude the need for
additional federal protections in the future.
Based on the information provided, suitable habitat does not occur within the action area for
any other federally protected species. Please be aware that 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.
I know there is a lot here. Please contact me if you have any questions. I am happy to set up a
time for a chat at your request.
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: Hamstead, Byron A<[e-mail]>
Sent:Tuesday,January 17, 2023 3:34 PM
To: Win Taylor<[e-mail]>
Subject: Re: [EXTERNAL] FW: City of Morganton Bethel Park Stream Restoration Project T&E review
Sorry for my delay, Win. This request is on my list for this week.
I try to respond to these w/in 30d, but I failed to add it to my list.
Apologies,
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: Win Taylor<[e-mail]>
Sent: Friday, January 13, 2023 7:14 AM
To: Hamstead, Byron A<[e-mail]>
Subject: [EXTERNAL] FW: City of Morganton Bethel Park Stream Restoration Project T&E review
This email has been received from outside of DOI - Use caution before clicking on links,
opening attachments, or responding.
Mr. Hamstead,
I just wanted to follow up with you on the information I sent back in December as it relates to
potential concerns/constraints for the proposed stream restoration project in Morganton, NC. If you
can please let me know if you need any additional information and/or would like to discuss further
over the phone that would be great. Thanks again for your assistance.
Win Taylor
.. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. ... ... ... ... ...

Win Taylor PWS, FPC I Senior Environmental Scientist
0: 843.277.6221 x102 M: 843.412.6314
Wildlands Engineering. Inc.
497 Bramson Ct, Suite 104
Mount Pleasant, SC 29464
From: Win Taylor
Sent: Friday, December 2, 2022 8:02 AM
To: [e-mail]
Subject: City of Morganton Bethel Park Stream Restoration Project T&E review
Mr. Hamstead,
I've attached information as it relates to T&E species associated with a planned stream restoration
project in Morganton, NC. This project is being funded through various grants (NC Land and Water,
NCDEQ DWR, and Golden LEAF Foundation) awarded to the City of Morganton to implement the
project. Please let me know if you need additional information and/or if you would like to discuss
the project further. Thanks in advance for your response.
Win Taylor
.. . .. . .. . .. ... . . . . . . . . . . .. ........................
Win Taylor PWS, FPC I Senior Environmental Scientist
0: 843.277.6221 x102 M: 843.412.6314
Wildlands Engineering, Inc.
497 Bramson Ct, Suite 104
Mount Pleasant, SC 29464