17-248_Bryant's Land Development Project_Yancey Co

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 21, 2017
Mr. Adam Williams
Brushy Fork Environmental Consulting, Inc.
5902 Highway 421 South
Mountain City, Tennessee 37683
Dear Mr. Williams:
Subject: Bryant's Land Development Project; Swain County, North Carolina
Log No. 4-2-17-248
The U.S. Fish and Wildlife Service (Service) has received the information provided in your
correspondence received via email on February 27, 2017, wherein you request our technical
assistance to assess the proposed project's potential to impact federally protected species. You
did not provide us with a PCN for the proposed project at this time. 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.); Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) 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 (on behalf of your client), are seeking a NWP #39
for permanent impacts to approximately 50 linear feet of an unnamed tributary to Tantrough
Branch in Burnsville, North Carolina associated with the extension of an existing 48 -inch
diameter culvert. The proposed project would be permitted after -the -fact.
Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the project
area 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 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 or suitable habitat for those
species in the project area. However, be aware that since you are seeking an after -the -fact
permit, we cannot eliminate the liability for "take" that has already occurred. Additionally,
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, Concerns, and Recommendations
You indicated that you would install a rock structure downstream of the outlet to raise the water
and bed level to meet 401 permit requirements to accommodate aquatic organism passage. You
have not provided us with design plans for this proposed structure at this time. We would
support this effort provided that the design and install satisfies all permit requirements and
addresses comments and concerns from supporting agencies. Alternatively, we would be
supportive of re -placement of the culvert so that it is sufficiently sized and buried to
accommodate aquatic passage without the proposed rock structure.
The site photos provided in your correspondence depict sediment accumulation and construction
materials in the unnamed tributary downstream from the culvert. We are concerned about
impacts to the stream associated with ongoing/future site development. We offer the following
recommendations in the interest of protecting natural resources:
1) Any future instream construction activities should be staged and implemented in a
manner that ensures instream work to be done in the dry. We encourage the use of
temporary stream diversion structures and/or pump -around systems in this effort.
2) Measures to control sediment and erosion should be installed before any
ground -disturbing activities occur. Existing native vegetation should be retained
(wherever possible) to maintain riparian cover for fish and wildlife.
3) Disturbed areas should be stabilized with biodegradable matting (e.g. coir) and
revegetated with native riparian species as soon as the project is completed.
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 4-2-17-248.
Ec: William Elliott, USACE
Andrew Moore, NCDWR
Andrea Leslie, NCWRC
Sincerely,
- - original signed - -
Janet A. Mizzi
Field Supervisor
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