20230966 Ver 2_Other Agency Correspondence_20230207

P�MeNT of ryF FISH & WILDLIFE
SERVICE
United States Department of the Interior
o
a9 ' FISH AND WILDLIFE SERVICE A,
gRCH 3.*a Asheville Field Office
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
February 7, 2023
Ms. Kara Webb
ECS Southeast, LLP
1812 Center Park Drive, Suite D
Charlotte, North Carolina 28217
Subject: Harrisburg Park Commercial Development in Harrisburg, Cabarrus County, North Carolina.
Dear Ms. Webb:
On January 23, 2023, we received (via email) your information requesting our review of the subject
project. We have reviewed the information that you presented for this request and the following
comments are provided in accordance with the provisions of 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).
Proiect Description
According to the information provided, an undisclosed project proponent proposes to construct an
undisclosed commercial development adjacent to Harrisburg Town Park in Harrisburg, Cabarrus County,
North Carolina.
Federally Listed Species
An assessment of suitable habitat and potential impacts for one species was conducted by environmental
specialist with ECS Southeast, LLP on August 22, 2022. The findings were compiled in the review
request submitted to our office on January 23, 2023. The following species and their associated habitats
were evaluated.
Species Status'
Schweinitz's sunflower Helianthus schweinitzii E
lE = endangered.
The review request states that suitable habitat for Schweinitz's sunflower is present on site; however, the
species was not observed during surveys. Based on negative results of visual surveys conducted on
August 22, 2022, we would concur with a "may affect, not likely to adversely affect" determination from
the lead federal action agency for this species.
Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. 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
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 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. Projects with an
existing section 7 biological opinion may require re -initiation of consultation to provide uninterrupted
authorization for covered activities. Please contact our office for additional guidance or assistance.
We believe the requirements under section 7 of the Act are fulfilled for the federally listed species
discussed above. However, obligations under section 7 of the Act must be reconsidered if. (1) new
information reveals impacts of the identified action may affect listed species or critical habitat in a
manner not previously considered, (2) the identified 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.
Fish and Wildlife Resource Recommendations
We offer the following general recommendations for the benefit of fish and wildlife resources:
Erosion and Sedimentation Control. Construction activities near aquatic resources, streams,
and wetlands have the potential to cause bank destabilization, water pollution, and water quality
degradation if measures to control site runoff are not properly installed and maintained. In order
to effectively reduce erosion and sedimentation impacts, best management practices specific to
the extent and type of construction should be designed and installed prior to land -disturbing
activities and should be maintained throughout construction. Natural fiber matting (coir) should
be used for erosion control as synthetic netting can trap animals and persists in the environment
beyond its intended purpose. Land disturbance should be limited to what can be stabilized
quickly, preferably by the end of the workday. Once construction is complete, disturbed areas
should be revegetated with native riparian grass and tree species as soon as possible. For
maximum benefits to water quality and bank stabilization, riparian areas should be forested;
however, if the areas are maintained in grass, they should not be mowed. The Service can provide
information on potential sources of plant material upon request.
A complete design manual that is consistent with the requirements of the North Carolina
Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following
website: https:lldeq.nc.govlabout/divisions/energy-mineral-land-resources.
Impervious Surfaces/Stormwater/Low Impact Development (LID). Increased development
contributes to the increased quantity and decreased quality of stormwater entering project area
waterways. Additionally, increased development outside the floodplain increases stormwater
flows already caused by the lack of or loss of riparian buffers and floodplain development. Recent
studies' have shown that areas of 10 percent to 20 percent impervious surface (such as roofs,
roads, and parking lots) double the amount of stormwater runoff compared to natural cover and
decrease deep infiltration (groundwater recharge) by 16 percent. At 35 — 50 percent impervious
surface, runoff triples, and deep infiltration is decreased by 40 percent. Above 75 percent
'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government).
Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices.
GPO Item No. 0120-A; SuDocs No. A 57.6/2: EN 3/PT.653. ISBN-0-934213-59-3.
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impervious surface, runoff is 5.5 times higher than natural cover, and deep infiltration is
decreased by 80 percent. Additionally, the adequate treatment of stormwater at project sites is
essential for the protection of water quality and aquatic habitat. Impervious surfaces also collect
pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via stormwater
runoff) to receiving waters. According to the Environmental Protection Agency, this
nonpoint-source pollution is one of the major threats to water quality in the United States, posing
one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in
human populations from exposure through drinking water and contact recreational.
Increased stormwater runoff also directly damages aquatic and riparian habitat, causing
streambank and stream channel scouring. Additionally, impervious surfaces reduce groundwater
recharge, resulting in even lower than expected stream flows during drought periods, which can
induce potentially catastrophic effects for fish, mussels, and other aquatic life. To avoid any
additional impacts to habitat quality within the watershed, we recommend that all new
developments, regardless of the percentage of impervious surface area created, implement
stormwater retention and treatment measures designed to replicate and maintain the hydrograph at
the preconstruction condition.
We recommend the use of low impact development techniques,2 such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining
and treating stormwater runoff rather than the more traditional measures, such as large retention
ponds, etc. These designs often cost less to install and significantly reduce environmental impacts
from development.
Where detention ponds are used, stormwater outlets should drain through a vegetated area prior to
reaching any natural stream or wetland area. Detention structures should be designed to allow for
the slow discharge of stormwater, attenuating the potential adverse effects of stormwater surges;
thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of
stormwater control measures is to protect streams and wetlands, no stormwater control measures
or best management practices should be installed within any stream (perennial or intermittent) or
wetland.
We also recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be
used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store
heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within
the concrete.
Use of any of the proposed stormwater collection devices described above will dramatically
decrease the quantity and increase the quality of stormwater runoff.
'We recommend visiting the Environmental Protection Agency's Web site (http://www.gpa.zoL/polluted-runoff-
nonpoint-source pollution/urban-runoff--low-impact-development) for additional information and fact sheets
regarding the implementation of low -impact -development techniques.

The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of
our staff at [e-mail], if you have any questions. In any future correspondence concerning
this project, please reference Log Number 4-2-23-330.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
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