20151295 Ver 1_Other Agency Comments_20160113

FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
January 13, 2016
Ms. Amanda Jones, PWS
Wetlands and Environmental Planning Group
1070 Tunnel Rd., Building 1
Suite 10, PMB 283
Asheville, North Carolina 28805
Dear Ms. Jones:
IffrRym,
Subject: Pre -Construction Notice for Summers Walk Residential Development (Phases 5 & 6);
Davidson; Mecklenburg and Cabarrus Counties, North Carolina
Log No. 4-2-16-106
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
letter received December 15, 2015. 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
According to the information provided, your client is seeking Nationwide Permits (numbers 14
and 29) to culvert 142 linear feet of a perennial tributary to the Rocky River and culvert a 0.09
acre forested wetland. Additionally, the project would fill a 0.001 acre forested wetland and
excavate 15 linear feet in an intermittent tributary to the Rocky River. The purpose of the
proposed project is to construct road crossings and a temporary sewer line to accommodate the
construction of a residential development located at 16008 Davidson -Concord Road in Davidson,
North Carolina.
The project site and surrounding land cover is primarily composed of southern Piedmont dry
oak -pine forest, and according to the PCN, several invasive plant species are present at the site.
Your client proposes to pay into the North Carolina Division of Mitigation Services for proposed
permanent impacts to 142 linear feet of warm water stream channel and 0.091 acres of riparian
wetlands at a 2:1 ratio.

Federally Listed Endangered and Threatened Species
According to Service records and the biological assessmenti provided with your PCN, suitable
roosting habitat occurs within the project area for the federally threatened northern long-eared
bat (Myotis septentrionalis). During the summer, northern long-eared bats typically roost singly
or in colonies in a wide variety of forested habitats, underneath bark, or in cavities/crevices of
both live trees and snags. Northern long-eared bats have also been documented roosting in
man-made structures (i.e., buildings, barns, etc.) during the summer. Northern long-eared bats
predominately winter in hibernacula that include caves and abandoned mine portals. It should be
noted that the general habitat types described above may not be all-inclusive; additional habitat
types may be identified as new information is obtained.
You have determined that the proposed project is "not likely to adversely affect" this species.
The nearest Service record of occurrence for this species is greater than 40 miles from the project
site. Since the suitable habitat appears to be minimal, the probability of "take" that could occur
from this project is insignificant and/or discountable, we concur with your determination that the
proposed project "may affect", but is "not likely to adversely affect" the northern long-eared bat.
However, we still recommend incorporating the tree -cutting moratorium of May 15 — August 15
into development plans. While our "not likely to adversely affect" determination is not
dependent on this action, the cutting moratorium is a measure that should be implemented to
further reduce the probability of "take" for this species.
Moreover, you determined that the project would not affect any other federally listed species on
the Mecklenburg and Cabarrus County lists. Therefore, we consider the consultation to be
complete at this time. However, please be aware that obligations under section 7 of the Act must
be reconsidered if (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered, (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.
The Service offers the following recommendations in the interest of protecting fish and wildlife
resources:
Stream Crossings
The ecological functionality of a stream largely depends on whether it can access its floodplain,
especially during high flow events. Accordingly, we recommend installing span bridges that
cross streams and floodplains to minimize impacts to the aquatic environment, allow for the
movement of aquatic organisms, facilitate nutrient transport, and eliminate the need to place fill
in streams and floodplains.
Your letter indicates that bottomless culverts and span bridges were deemed to be infeasible due
to their substantial cost. If culverts are the only feasible stream crossing option, they should be
sufficiently sized to mimic the stream's natural function and habitats; allow for sufficient water
depth, volume, and velocity levels that will provide adequate passage for aquatic organisms; and
accommodate the movement of debris and entrained bed material during high flow events.
' WEPG staff, Lisa R. Gaffney conducted a project site visit and evaluation of suitable habitat for federally listed
species on June 15, 2015.

Widening the stream channel must be avoided. Water depth inside the culvert must be adequate
for fish to be completely immersed and unhindered by the stream bottom. The culvert should be
designed and installed at the same slope as the stream grade to maintain an acceptable water
velocity for fish passage, and the stream's native substrate characteristics should be retained
within the culvert.
Where feasible, we recommend the use of multiple barrels (other than the base -flow barrel),
placed on or near stream bank -full or floodplain bench elevation, in order to accommodate
floodwaters within the stream corridor. In the interest of maintaining ecosystem function, these
high-flow barrel structures should connect the stream to floodplain benches. If the culvert is
40 linear feet or longer (such as that proposed in Stream Impact A), alternating or notched
baffles should be installed in a manner that mimics the existing stream pattern. These measures
aim to maintain or enhance ecological stream function by: (1) allowing for sediment deposition
(native substrate formation) within the barrel, (2) maintaining sufficient water depth and flow
regimes, and (3) providing resting places to accommodate passage for fish and other aquatic
organisms.
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling must be kept to a minimum, and existing vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be re -vegetated with native grass and tree species as soon as the project is completed.
Stormwater Management
The PCN indicates that the overall imperviousness of the proposed 81 acre project will be 21.5 —
35.4%. Since impervious surfaces (such as roofs, roads, and parking lots) collect pathogens,
metals, sediment, and chemical pollutants and quickly transmit them (via stormwater runoff) to
receiving waters, the Service recommends implementing stormwater systems that allow runoff to
infiltrate the soil. These systems have the highest documented pollutant -removal efficiency,
eliminating nearly all lead, zinc, and solids; and more than 50 percent of total phosphorous.
Ponds and wetlands, which allow contaminants to settle out of the water column or break down
in the presence of sunlight and biological activity, can remove more than 70 percent of bacteria.
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. Since the purpose of
these stormwater-control measures and best management practices is to protect streams and
wetlands, they should not be installed within any stream (perennial or intermittent), wetland, or
riparian area.
Additionally, we recommend that all new developments, regardless of the percentage of
impervious surface area they will create, implement stormwater-retention and -treatment
measures designed to replicate the hydrograph at the preconstruction condition in order to avoid
any additional impacts to habitat quality within the watershed. Rather than traditional
stormwater treatment measures like large retention ponds, we recommend implementing
low -impact -development techniques, such as reduced road widths, grassed swales in place of
curb and gutter, rain gardens, and wetland retention areas. Sufficient retention designs should be
implemented to allow for the slow discharge of stormwater, attenuating the potential adverse

effects of stormwater surges; thermal spikes; and sediment, nutrient, and chemical discharges.
These designs often cost less to install and significantly reduce environmental impacts from
development.
The Service recommends 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 (thus
preventing heated water from entering adjacent waterways). Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids
within the concrete. We also recommend (if applicable) the incorporation of rooftop gardens or
any type of green rooftop into the building construction plans. Green rooftops have many
benefits, including: (a) keeping buildings warmer by adding insulation to the roof, resulting in
lower heating and cooling costs; (b) reducing the amount and improving the quality of
stormwater runoff because water is absorbed and filtered through plants and soil; and
(c) improving overall air quality by removing particulate matter from the air. These
recommendations, along with the proposed stormwater runoff collection devices that will be
constructed, would decrease the amount of stormwater runoff while increasing its quality.
Invasive Exotic Species
Invasive plant species are present at the site and the Service is concerned that disturbances
resulting from the proposed project may allow them to spread. Without active management,
including the revegetation of native species in disturbed areas, project corridors will likely be
sources of, and corridors for, the movement of invasive exotic plant species. Exotic species are a
major contributor to species depletion and extinction, second only to habitat loss. Exotics are a
factor contributing to the endangered or threatened status of more than 40 percent of the animals
and plants on the Federal List of Endangered and Threatened Wildlife and Plants.2 It is
estimated that at least 4,000 exotic plant species and 2,300 exotic animal species are now
established in the United States, costing more than $130 billion a year to control.3 Additionally,
the U.S. Government has many programs and laws in place to combat invasive species (see
www.invasivespecies.gov). Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive
Species (February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions
that it believes are likely to cause or promote the introduction or spread of invasive species in the
United States or elsewhere." Despite their short-term erosion -control benefits, many exotic
species used in soil stabilization seed mixes are persistent once they are established, thereby
preventing the reestablishment of native vegetation. Many of these exotic plants are also
aggressive invaders of nearby natural areas, where they are capable of displacing
already -established native species. Therefore, we strongly recommend that only species native
to the natural communities within the project area be used in association with all aspects of this
project.
2D.S. Wilcove, D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species in
the United States. BioScience 48:607-615.
3D. Pimentel, L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous
species in the United States. BioScience 50:53-65.
:l

Riparian Buffers
Since potential habitat for aquatic resources occur on or adjacent to the project site, we
recommend that forested riparian buffers be preserved and/or restored. Natural, forested riparian
buffers are critical to the health of aquatic ecosystems. The Service generally recommends that
forested riparian buffers (a minimum of 50 feet wide along intermittent streams and 100 feet
wide along perennial streams [or the full extent of the 100 -year floodplain, whichever is greater])
should be created and/or maintained along all aquatic areas. Within the watersheds of streams
supporting endangered aquatic species, we recommend undisturbed, forested buffers that are
naturally vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of
200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of
all intermittent streams or the full extent of the 100 -year floodplain, whichever is greater).
Instream Construction
The amount of disturbance to soils and instream habitats should not exceed what can be
stabilized by the end of the work day. Equipment should be kept out of streams by operating
from the banks in a fashion that minimizes disturbance to woody vegetation. The site should be
inspected daily and should be maintained in order to prevent the contamination of surface waters
from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants, and
other toxic materials should be stored outside the riparian management area of the stream, in a
location where the material can be contained. Equipment should be checked for leaks of
hydraulic fluids, cooling system liquids, and fuel and should be cleaned before fording any
stream. Also, all fueling operations should be accomplished outside the riparian area.
The Service appreciates the opportunity to comment on this project. Please contact Mr. Byron
Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-16-106.
Sincerely,
- - original signed - -
Janet A. Mizzi
Field Supervisor
Electronic copy to:
Mr. William Elliott, Asheville Regulatory Field Office, U.S. Army Corps of Engineers,
151 Patton Avenue, Room 208, Asheville, NC 28801-5006
Mr. Alan Johnson, North Carolina Department of Environment and Natural Resources, Division
of Water Resources, 610 East Center Street, Suite 301, Mooresville, NC 28115
Ms. Karen Higgins, North Carolina Department of Environment and Natural Resources, Division
of Water Resources, 512 North Salisbury Street, Raleigh, NC 27604