20180457 Ver 1_USFWS Comments_20180329

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801

March 21, 2018

Ms. Paige Seago
Brushy Fork Environmental Consulting Inc.
5902 Highway 421 South
Mountain City, Tennessee 37683

Dear Ms. Seago:

Subject: Mossy Creek Investments Winkler Creek Streambank Restoration Project; Watauga
County, North Carolina
Log No. 4-2-18-186

The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated February 28, 2018, wherein you solicit scoping comments regarding
potential impacts to federally protected species that may result from the proposed project. 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
On behalf of your client, you are seeking a NWP for proposed impacts associated with stream
restoration activities along 110 linear feet of Winkler Creek in Boone, North Carolina.
Restoration efforts would include instream structures (i.e. rock j-hooks, and a boulder toe wall).

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 (Myotis septentrionalis). 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 or may not 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.

According to our records and a review of the information presented, no other federally protected
species or their habitats occur within the project vicinity. 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
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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 proposed project’s receiving waters reach of the South Fork New River support two federal
species of concern, hellbender salamander (Cryptobranchus alleganiensis) and seep mudalia
snail (Leptoxis dilatata). Although federal species of concern are not currently afforded legal
protections under the Act, incorporating proactive conservation measures to sustain healthy
populations may help to preclude the need to list them in the future. Hellbenders respire through
their skin and thus are sensitive to pollutants and perturbations in water quality. Adults utilize
large flat shelter rocks with entrances or openings either on the downstream end or sides. The
seep mudalia are known from large cobbles and slab boulders in areas with high flow velocities.
This snail is an omnivorous grazer and is semelparous (dies after spawning).

We offer the following recommendations in the interest of protecting these and other fish and
wildlife resources:

Stream Channel and Bank Restoration
A natural, stable stream system is one that is able to transport a wide range of flows and
associated bed load (sediment) while maintaining channel features and neither degrading
(accelerating the erosion of banks and scour of the channel bed) nor aggrading (accelerating the
deposition of sediment within the channel). Alterations to the dimension (cross-sectional view of
the channel), pattern (the sinuosity of the channel), or profile (longitudinal slope) of the stream
channel as well as changes to streambank vegetation, floodplains, hydrology, or sediment input
can significantly alter this equilibrium. Accordingly, we recommend the following:

1. Only the absolute minimum amount of work should be done within stream channels to
accomplish necessary reconstruction. The amount of disturbance to in-stream and
riparian areas should not exceed what can be stabilized by the end of the workday.
Restoration plans should account for the constraints of the site and the opportunities to
improve stream pattern, dimension, and profile with minimal disturbance.

2. As proposed, all reconstruction work should follow natural channel design methodologies
that are based on the bank-full, or channel-forming, stage of the stream. Bank-full stage
maintains the natural channel dimensions and transports the bulk of sediment over time.
Natural channel conditions should be identified using a reference reach (nearby stream
reaches that exemplify restoration goals). Restoration design should match the pattern,
dimension, and profile of the reference reach to ensure the project’s success. The Service
is available to assist with the identification of reference reaches.

3. All work in or adjacent to stream waters should be conducted in a dry work area to the
extent possible. Sandbags, cofferdams, bladder dams, or other diversion structures
should be used to prevent excavation in flowing water. These diversion structures should
be removed as soon as the work area is stable.

4. Equipment should not be operated in the stream unless absolutely necessary. Machinery
should be operated from the banks in a fashion that minimizes disturbance to woody
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vegetation. Equipment should be: (a) washed to remove any contaminant residue
prior to project construction, (b) in good working order, and (c) checked to ensure
there are no leaks of potential contaminants (such as oil or other lubricants) prior to
and during construction.

5. Streambanks with deep-rooted woody vegetation are the most stable, and stream
restoration efforts should incorporate the use of native vegetation adapted to the site
conditions. Biodegradable erosion-control materials may be incorporated into
bank-restoration design in order to stabilize soils as vegetation becomes established.
Live dormant stakes (such as black willow) may be used to reestablish root structure in
riparian areas. In areas where banks are severely undercut, high, and steep, whole-tree
revetment or rock may be used as a stabilization treatment (small rock, gravel, sand, and
dirt are not recommended due to their erosive nature), and it should not extend above the
bank-full elevation (the elevation of the channel where the natural floodplain begins).
Deep-rooting woody vegetation should be established along banks where any channel
work is accomplished. Tree and shrub plantings should be spaced at intervals no greater
than 10 feet along banks. Vegetated riparian zone widths should be as wide as practical
but should extend at least 30 feet from the stream channel.

6. Adequate measures to control sediment and erosion must be implemented prior to any
ground-disturbing activities in order to minimize effects on downstream aquatic
resources. In North Carolina, non-cohesive and erosion-prone soils are most common in
the felsic-crystalline terrains of the mountain and upper piedmont regions. Therefore,
reconstruction work should be staged such that disturbed areas would be stabilized with
seeding, mulch, and/or biodegradable (coir) erosion-control matting prior to the end of
each workday. No erosion-control matting or blankets should contain synthetic
(netting) materials as they trap animals and can persist in the environment beyond
their intended purpose. Matting should be secured in place with staples; stakes; or,
wherever possible, live stakes of native trees. If rain is expected prior to temporary seed
establishment, additional measures should be implemented to protect water quality along
slopes and overburden stockpiles (for example, stockpiles may be covered with plastic or
other geotextile material and surrounded with silt fencing).

The Service appreciates the opportunity to provide these comments and for your proposed efforts
to avoid and minimize impacts to natural resources and their habitats. 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 4-2-18-186.

Sincerely,

- - original signed - -

Janet Mizzi
Field Supervisor