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Home My WebLink About20051804 Ver 1_USACE Correspondence_20060216~s-IRo~ United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 February 7, 2006 Ms. Lillette Grande U. S. Army Corps of Engineers Wilmington Regulatory Field Office P.O. Box 1890 Wilmington, North Carolina 28402-1890 ~ D ~ ~~~ r ~ ,Wp,T~R~~~QR~H ~,:iLL ~.~ ~~,o~. Subject: Action ID No. 200401502; John Koenig, Faircloth Property, Cumberland County, North Carolina Dear Ms. Grande: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated January 3, 2006. The applicant, Mr. John Koenig, has applied for a Department of the Army (DA) permit to fill 0.434 of an acre of jurisdictional, riparian wetlands and impact 143 linear feet (lf) of a tributary to the Cape Fear River in Cumberland County. These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection offish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of the impacts of the project, as proposed in the PN, pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). The PN states that the project area, designated as the Faircloth property, contains 327.56 acres and is adjacent to the Cape Fear River. The area was formerly used for timber production and is currently undeveloped. The applicant proposes to develop a 444-lot, single-family, residential subdivision on site. In order to access the interior of the tract, the applicant must cross jurisdictional wetlands. To this end the applicant has requested a DA permit to fill 0.434 of an acre of riparian wetlands and impact 143 if of stream. The impacts would occur at two sites on the tract. With regard to avoiding and minimizing the impacts of the proposed action, the PN states that the applicant indicates that the wetlands cannot be bridged "due to the cost of a bridge." The applicant has not proposed any wetland/stream restoration to compensate for the loss of these resources, but has agreed to preserve any remaining wetlands on the tract. Federally Protected Species The PN states that the Corps has determined that, based on available information, the proposed project would have no effect on federally listed threatened or endangered species or their 2 formally designated critical habitat. The Service has also reviewed available information on federally-threatened or endangered species known to occur in Cumberland County. We have reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the special status species, both federal and state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project-specific information on species which should be considered in permitting this project. The project area is located in the Vander quad. The occurrence data of special status species within this quad can be obtained on the Internet under the database search heading of < httn://www.ncnhp.or /g/Pages/heritagedata.html >. Our review indicates that there are no known occurrences of federally protected species in the immediate vicinity of the project area. Therefore, the Service would concur with a determination by the District Engineer that the action is not likely to adversely affect species designated as threatened, endangered, or their designated critical habitat. However, the requirement of section 7 would need to 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 determined that maybe affected by the identified action. However, the database search indicates that four state-listed freshwater mussels have current records in the Vander quad. These include the pod lance (Elliptio folliculata), Roanoke slabshell (E. roanokensis), yellow lampmussel (Lampsilis cariosa), and eastern creekshell (Villosa delumbis). The Roanoke slabshell is state threatened and the yellow lampshell is state endangered. The latter is also a Federal Species of Concern (FSC). A FSC is a species for which the Service has concerns, but further biological research and field study are needed to resolve the conservation status of the taxon. Although FSCs receive no statutory protection under the ESA, the Service encourages all parties to be alert to their potential presence, and to make every reasonable effort to conserve them if found. While there is no evidence indicating the presence of these species in the streams to be impacted, there is also no evidence that streams on the tract have been surveyed for the presence of mussels. Therefore, impacts to freshwater mussels which are not federally listed are unclear. Service Recommendations Overall, the Service is concerned about the unmitigated loss of riparian wetlands, potential hydrologic disruption of stream flow, and the permanent loss of aquatic habitat in the project area. While riparian zones constitute a small percentage of the landscape, they frequently perform important ecological functions and contain a disproportionately high number of wildlife species in comparison to most upland habitats (Fischer et al. 2000; Knutson and Naef 1997). The American Fisheries Society strongly urges that riparian areas be considered unique and distinctly valuable habitats, and that such areas should be of critical environmental concern (American Fisheries Society 1985). Riparian areas perform many functions that are essential to maintaining water quality, aquatic species survival, and biological productivity. These areas enhance water quality by stabilizing stream banks and filtering stormwater runoff. Riparian buffers provide travel corridors and habitat for wildlife displaced by development. Riparian wetlands can provide important feeding, roosting, and nesting habitat for migratory birds. Overall, the Service recommends denial of the DA permit for the work described in the PN. We believe that the fish and wildlife benefits provided that the wetlands and streams to be impacted should lead the Corps' public interest review to conclude that greater avoidance and minimization should be required, specifically that the waters of the United States should be bridged. There should be no loss of aquatic resources on the Faircloth property. The Service appreciates the opportunity to comment on this PN. Please advise us of any action taken by the Wilmington District, Corps of Engineers. If you have questions regarding these comments, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at < howard hall@fws.gov >. Sincerely, ~~ ~ ~ ,Pete Benjamin Ecological Services Supervisor Literature cited American Fisheries Society. 1985. AFS policy statement #14: Strategies for stream riparian area management. AFS, Bethesda, Maryland. Available: http://www. fisheries.org/Public_Affairs/Policy_Statements/Index~olicy_statements. sht ml. (May 2002). Fischer, R. A., C. O. Martin, and J. C. Fischenich. 2000. Improving riparian buffer strips and corridors for water quality and wildlife. Pages 457-462 in P. J. Wigington, Jr. and R. L. Beschta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi-land use watersheds, Portland, Oregon. Knutson, K. L., and V. L. Naef. 1997. Management recommendations for Washington's priority habitats: riparian. Washington Department of Fish and Wildlife, Olympia. cc: Ron Sechler, NOAA Fisheries, NMFS, Beaufort, NC Ronald Mikulak, USEPA, Atlanta, GA John Dorney, NC Division of Water Quality, Raleigh, NC Steve Everhart, NC Wildlife Resources Commission, Wilmington, NC