20160667 Ver 1_Other Agency Comments_20160727

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
July 27, 2016
Mr. Brady Dodd
U.S. Forest Service
160 Zillicoa Street, Suite A
Asheville, North Carolina 28801
Dear Mr. Dodd:
Subject: South Toe River Streambank Stabilization Project; Yancey County, North Carolina
Log No. 4-2-16-519
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence and PCN dated June 28, 2016. 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, you are applying for a NWP 27 to restore aquatic
habitats along 250 linear feet of the South Toe River near Busick, North Carolina. According to
the information provided, the stream reach and its banks have destabilized due to the degradation
of remedial stabilization activities (boulder fill) installed following the 2004 hurricane storms.
To stabilize the stream reach and specifically reduce shear stress to the right descending bank,
you propose to install a boulder boulder vane, excavate an associated pool, and grade/vegetate a
bankfull bench. The proposed work would be conducted in the "wet" though you will install
water diversion structures to pass flow outside of work areas.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present on site for the
federally threatened northern long-eared bat. 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 (which may require tree clearing) would occur at a location
where any incidental take that may result from associated activities is exempt under the 4(d) rule.

The Service has record of no other federally protected species in the project area. Therefore, we
consider the requirements under the Act to be complete and require no further action at this time.
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.
Comments and Recommendations
The Service supports the stabilization and restoration objectives of this project. We appreciate
your commitment to stabilizing any disturbed areas at the end of each workday and diverting
flow from work areas when working in the dry is not possible. In addition to the impact
avoidance and minimization measures you propose, we encourage you to incorporate the
following into project plans:
1) Install measures to capture instream sediments (e.g. turbidity curtains) to reduce
degradation of downstream habitats.
2) Conduct post -completion monitoring at discrete stations (e.g. cross sections above and
below installed boulder vane) and periodically photograph the project to identify
potential repair needs.
The Service appreciates the opportunity to review 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 4-2-16-519.
Sincerely,
- - original signed - -
Janet A. Mizzi
Field Supervisor
Ec: William Elliott, USACE
Andrea Leslie, NCWRC
Andrew Moore, NCDEQ-DWR
2