20151321 Ver 1_USFWS Comments_20160120 (6)

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
January 20, 2016
Ms. Amanda Jones
Wetlands and Environmental Planning Group
1070 Tunnel Road, Building 1
Suite 10, PMB 283
Asheville, North Carolina 28805
Dear Ms. Jones:
Subject: Pre -Construction Notice (PCN) for the Asbury Chapel Thoroughfare and Walden
Subdivision; Huntersville, Mecklenburg County, North Carolina
Log No. 4-2-16-149
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
letter and PCN received December 23, 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 (permit
numbers 14 and 29) for the proposed developments referenced above. Specifically, the proposed
project would impact 0.23 acres of headwater wetland and 215 linear feet of perennial and
intermittent unnamed tributaries to North Prong Clark Creek via excavation, fill, and culvert
installation. The proposed 76 acre development currently consists of pasture/hay and southern
Piedmont dry oak -pine forest. Transitional and ecotonal habitats are present at the site along
fence lines and maintained rights-of-way. Streams that intersect the project site are bordered by
riparian buffers that are generally narrow or absent.
Federally Protected Species
The Service has reviewed the information provided in your Protected Species Evaluation. You
have identified suitable roosting habitat for the federally threatened northern long-eared bat
(Myotis septentrionalis) at the project site. The final 4(d) rule for the northern long-eared bat
was published on January 14, 2016. This rule exempts "take" of northern long-eared bat for any
tree -cutting activity that occurs more than 0.25 miles from a known hibernation site or more than

150 feet of a known maternity roost during the pup -rearing season (June 1 through July 31)1.
Because your project meets the "exempt" criteria, any associated take has been addressed in the
Biological Opinion for the 4(d) rule and we require no further action under section 7 of the Act
for this species.
Since this project occurs within the known range for the northern long-eared bat, we request that
you incorporate conservation measures' into development plans. While our determination does
not depend on the implementation of these measures, they should be considered to further reduce
the probability of take and aid species recovery.
Based on the information provided, suitable habitat is present at the site for Schweinitz's
sunflower, Michaux's sumac, and smooth coneflower, but these species were not observed
during your survey. According to Service records, no other federally threatened or endangered
species or their respective suitable habitats occur in the project area. Therefore, we consider
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 Carolina darter (Etheostoma collis) is a federal species of concern that is known from North
Prong Clark Creek. The streams and wetlands in the project area drain directly into this
document occurrence location. The Service offers the following recommendations in the interest
of protecting this and other natural resources that may be impacted by the proposed project:
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). In the
interest of reducing potential impacts to aquatic resources in North Prong Clark Creek, the
Service strongly encourages you to restore a 100 foot wide riparian buffer along perennial stream
B (adjacent to lots 53 — 59, 23 — 26 and 45), and a 50 foot wide buffer along intermittent stream
H. Coupled with your plans for a nature trail, we believe that restoring naturally vegetated
riparian buffer areas would provide a unique and marketable facet of the development consistent
with your client's objectives.
1 Occupied roost trees may be removed when necessary to address a direct threat to human life and property.
2

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.
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. 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 (like that proposed in Impact Area #1 on Stream B), 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.
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.
Stormwater Management
As proposed, the imperviousness of the project site would increase dramatically. 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.
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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, wherever 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
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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.
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 4-2-16-149.
Sincerely,
- - original signed - -
Janet A. Mizzi
Field Supervisor
Electronic copy to:
Mr. William Elliott, U.S. Army Corps of Engineers
Ms. Karen Higgins, Division of Water Resources
Mr. Alan Johnson, Division of Water Resources
'Recommended conservation measures to protect northern long-eared bats:
a. Conduct tree removal activities outside of the NLEB pup season (June 1 to July 31) and/or the
active season (April 1 to October 31). This will minimize impacts to pups at roosts not yet
identified.
b. Avoid clearing suitable spring staging and fall swarming habitat within a 5 -mile radius of known
or assumed NLEB hibemacula during the staging and swarming seasons (April 1 to May 15 and
August 15 to November 14, respectively).
c. Manage forests to ensure a continual supply of snags and other suitable maternity roost trees.
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.
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d. Conduct prescribed burns outside of the pup season (June 1 to July 31) and/or the active season
(April 1 to October 31). Avoid high-intensity burns (causing tree scorch higher than NLEB
roosting heights) during the summer maternity season to minimize direct impacts to NLEB.
e. Perform any bridge repair, retrofit, maintenance, and/or rehabilitation work outside of the NLEB
active season (April 1 to October 31) in areas where NLEB are known to roost on bridges or
where such use is likely.
£ Do not use military smoke and obscurants within forested suitable NLEB habitat during the pup
season (June 1 to July 31) and/or the active season (April 1 to October 31).
g. Minimize use of herbicides and pesticides. If necessary, spot treatment is preferred over aerial
application.
h. Evaluate the use of outdoor lighting during the active season and seek to minimize light pollution
by angling lights downward or via other light minimization measures.
L Participate in actions to manage and reduce the impacts of white -nose syndrome on NLEB.
Actions needed to investigate and manage white -nose syndrome are described in a national plan
the Service developed in coordination with other state and federal agencies.
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