20160585 Ver 2_FB_Greenway CatEx Final signed_20191211

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Type I and II Ground Disturbing Categorical Exclusion Action
Classification Form

STIP Project No. U-5019B
WBS Element 41503.3.1
Federal Project No. STBGDA-1302(085)

A. Project Description: (Include project scope and location, including Municipality and County.
Refer to the attached project location map and photos.)

The City of Asheville (in Buncombe County) proposes to construct a new greenway trail
that will connect the existing sections of French Broad River Greenway between the
Haywood Road bridge near Craven Street and French Broad River Park, including a
short section that lies south of the Amboy Road bridge. The proposed project follows
the river for approximately 1 mile as a 12-foot wide asphalt surface trail to support
bicycle and pedestrian travel. The project vicinity and corridor are shown in Figures 1
and 2.
B. Description of Need and Purpose:
The purpose of the project is to provide alternative transportation modes and
recreational opportunities for Asheville residents with the completion of a missing 1.0-
mile segment of the existing French Broad River Greenway.

The project is needed to connect the existing greenway segments north of Haywood
Road to French Broad River Park and the segments along Amboy Road to the south to
establish a 4-mile long continuous facility.

C. Categorical Exclusion Action Classification: (Check one)

☒ TYPE I
☐ TYPE II

D. Proposed Improvements –

3. Construction of bicycle and pedestrian lanes, paths, and facilities.

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E. Special Project Information: (Provide a description of relevant project information, which
may include: vicinity map, costs, alternative analysis (if any), traffic control and staging,
and resource agency/public involvement).

A natural resources investigation was conducted in the project study area during the
blooming windows of the federally protected species listed for Buncombe County with
habitat present within the study area on June 11, 2015.

Threatened and Endangered Species
As of August 22, 2019, the United States Fish and Wildlife Service (USFWS) lists
14 federally protected species for Buncombe County (below). A brief description
of each species’ habitat requirements follows, along with the Biological Conclusion
rendered based on survey results in the study area. Habitat requirements for each
species are based on the current best available information from referenced literature
and/or USFWS.

Federally protected species listed for Buncombe County.
Scientific Name Common Name Federal
Status
Habitat Present Biological
Conclusion
Clemmys muhlenbergii Bog turtle T(S/A) No Not Required
Glaucomys sabrinus
coloratus
Carolina northern
flying squirrel
E No No Effect
Myotis grisescens Gray bat E Yes May Affect Not
Likely to Adversely
Affect
Myotis septentrionalis Northern long-eared
bat
T Yes Compliant with 4(d)
Rule
Erimonax monachus* Spotfin chub T No No Effect
Alasmidonta
raveneliana*
Appalachian elktoe E Yes May Affect Not
Likely to Adversely
Affect
Epioblasma Florentina
walker*
Tan riffleshell E No No Effect
Solidago spithamaea* Blue Ridge goldenrod T No No Effect
Sagittaria fasciculate* Bunched arrowhead E Yes No Effect
Sarracenia rubra ssp.
Jonesii*
Mountain sweet pitcher
plant
E Yes No Effect
Geum radiatum Spreading avens E No No Effect
Spiraea virginiana* Virginia spiraea T No No Effect
Gymnoderma lineare Rock gnome lichen E No No Effect
Microhexura montivaga Spruce-fir moss spider E No No Effect
E – Endangered T – Threatened T(S/A) - Threatened due to similarity of appearance
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* - Historic record (the species was last observed in the county more than 50 years ago)

National Historic Preservation Act
A request for review from the North Carolina Department of Cultural Resources, State Historic
Preservation Office (NCSHPO) regarding this project was sent on January 8, 2016 (see
attached) in regard to evaluate potential impacts to historical resources within the project area.
The request included a description and mapping of the entire project corridor. In a letter dated
March 1, 2016 SHPO stated that they had reviewed the project area photographs and plans
and stated in the sole comment that “the proposed work will not adversely affect the West
Asheville/Riverlink Bridge (BN2260).”

Permits and Environmental Commitments
The following regulatory permits will be obtained for the project:
• NCDEQ – NPDES General Stormwater Permit NCG01000 (Sedimentation and Erosion
Control)
• City of Asheville Building Permit (Retaining Walls)
• City of Asheville Grading Permit
• City of Asheville Stormwater Permit
• City of Asheville Zoning Permit
• US Army Corps of Engineers Section 404 Permit
• NC DEQ Water Resources 401 Permit
In addition, since work will be conducted inside the regulatory floodway of the French Broad
River, a No-Rise Certification will be provided.

Right of Way and Easements
The project sponsor, the City of Asheville, owns all but one parcel on which the proposed
greenway will be constructed including to City parks. The parcel the City of Asheville does not
owned is owned by Progress Energy of the Carolinas (PIN: 9638923484), now known as Duke
Energy. The City of Asheville has reached an agreement to lease this parcel from Duke
Energy for 99 years.

Section 4(f) Resources
The proposed greenway (sponsored by the City of Asheville) will connect to the existing paved
section of the French Broad River Greenway inside of Amboy Road River Park owned by the
City of Asheville to the paved section inside French Broad River Park also owned by the City of
Asheville. In addition, a connection will be made to the northern end of the existing French
Broad River Greenway inside French Broad River Park (See Figure 8). The proposed
greenway to be constructed inside of Amboy Road River Park and French Broad River Park
will be used for recreational activities as the parks themselves are. There are no current or
intended recreational activities or uses that will be affected by the proposed greenway project.

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F. Project Impact Criteria Checklists:

Type I & II - Ground Disturbing Actions
FHWA APPROVAL ACTIVITIES THRESHOLD CRITERIA
If any of questions 1-7 are marked “yes” then the CE will require FHWA approval. Yes No
1 Does the project require formal consultation with U.S. Fish and Wildlife
Service (USFWS) or National Marine Fisheries Service (NMFS)? ☐ ☒
2 Does the project result in impacts subject to the conditions of the Bald and
Golden Eagle Protection Act (BGPA)? ☐ ☒
3 Does the project generate substantial controversy or public opposition, for any
reason, following appropriate public involvement? ☐ ☒
4 Does the project cause disproportionately high and adverse impacts relative to
low-income and/or minority populations? ☐ ☒
5 Does the project involve a residential or commercial displacement, or a
substantial amount of right of way acquisition? ☐ ☒
6 Does the project require an Individual Section 4(f) approval? ☐ ☒
7
Does the project include adverse effects that cannot be resolved with a
Memorandum of Agreement (MOA) under Section 106 of the National Historic
Preservation Act (NHPA) or have an adverse effect on a National Historic
Landmark (NHL)?
☐ ☒
If any of questions 8 through 31 are marked “yes” then additional information will be required for those
questions in Section G.
Other Considerations Yes No
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Does the project result in a finding of “may affect not likely to adversely affect”
for listed species, or designated critical habitat under Section 7 of the
Endangered Species Act (ESA)? ☒ ☐
9 Does the project impact anadromous fish? ☐ ☒
10
Does the project impact waters classified as Outstanding Resource Water
(ORW ), High Quality Water (HQW ), Water Supply Watershed Critical Areas,
303(d) listed impaired water bodies, buffer rules, or Submerged Aquatic
Vegetation (SAV)?
☐ ☒
11 Does the project impact waters of the United States in any of the designated
mountain trout streams? ☐ ☒
12 Does the project require a U.S. Army Corps of Engineers (USACE) Individual
Section 404 Permit? ☐ ☒
13 Will the project require an easement from a Federal Energy Regulatory
Commission (FERC) licensed facility? ☐ ☒
14 Does the project include a Section 106 of the NHPA effects determination
other than a no effect, including archaeological remains? ☐ ☒
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Other Considerations (continued) Yes No
15 Does the project involve hazardous materials and landfills? ☐ ☒
16
Does the project require work encroaching and adversely affecting a
regulatory floodway or work affecting the base floodplain (100-year flood)
elevations of a water course or lake, pursuant to Executive Order 11988 and
23 CFR 650 subpart A?
☒ ☐
17
Is the project in a Coastal Area Management Act (CAMA) county and
substantially affects the coastal zone and/or any Area of Environmental
Concern (AEC)?
☐ ☒
18 Does the project require a U.S. Coast Guard (USCG) permit? ☐ ☒
19 Does the project involve construction activities in, across, or adjacent to a
designated Wild and Scenic River present within the project area? ☐ ☒
20 Does the project involve Coastal Barrier Resources Act (CBRA) resources? ☐ ☒
21 Does the project impact federal lands (e.g. U.S. Forest Service (USFS),
USFWS, etc.) or Tribal Lands? ☐ ☒
22 Does the project involve any changes in access control? ☐ ☒
23 Does the project have a permanent adverse effect on local traffic patterns or
community cohesiveness? ☐ ☒
24 Will maintenance of traffic cause substantial disruption? ☐ ☒
25
Is the project inconsistent with the STIP or the Metropolitan Planning
Organization’s (MPO’s) Transportation Improvement Program (TIP) (where
applicable)? ☐ ☒
26
Does the project require the acquisition of lands under the protection of
Section 6(f) of the Land and Water Conservation Act, the Federal Aid in Fish
Restoration Act, the Federal Aid in Wildlife Restoration Act, Tennessee Valley
Authority (TVA), or other unique areas or special lands that were acquired in
fee or easement with public-use money and have deed restrictions or
covenants on the property?
☐ ☒
27 Does the project involve Federal Emergency Management Agency (FEMA)
buyout properties under the Hazard Mitigation Grant Program (HMGP)? ☐ ☒
28 Does the project include a de minimis or programmatic Section 4(f)? ☐ ☒
29 Is the project considered a Type I under the NCDOT's Noise Policy? ☐ ☒
30 Is there prime or important farmland soil impacted by this project as defined by
the Farmland Protection Policy Act (FPPA)? ☐ ☒
31 Are there other issues that arose during the project development process that
affected the project decision? ☐ ☒

G. Additional Documentation as Required from Section F
8. The USFWS has been consulted about the project and concurs with May Affect Not
Likely to Adversely Affect for gray bat and Appalachian elktoe based on the erosion
control plans, stormwater measures and minimization of tree clearing during the project.

16. While construction will take place within the existing regulated floodway, the work
will not cause any changes in widths or elevations of the floodway. An approved No-
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Rise certification and floodplain permit was issued by NC Department of Public Safety
Emergency Management on March 13, 2017 and has been provided with the project
documents.

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H. Project Commitments

Buncombe County
French Broad River Greenway West
Federal Project No. STBGDA-1302(085)
WBS No. 41503.3.1
TIP No. U-5019B

The City is responsible for the control of sediment on-site. If the approved erosion and
sedimentation control measures prove insufficient, the developer must take those additional
steps necessary to stop sediment from leaving this site, especially in the disturbed areas
adjacent to the French Broad River. Each sediment storage device must be inspected after
each storm event. Maintenance and/or clean out, is necessary anytime the device is at 50%
capacity.

Appropriate erosion control measures and best management practices will be installed to
prevent potential impacts on water quality within the French Broad River. These measures
should prevent adverse impacts to gray bats and Appalachian elktoe within the project area.

Consultation with the Eastern Band of Cherokee is currently underway. The City will work with
the tribe and NCDOT to best honor any requests by their representatives in response to the
consultation.
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I. Categorical Exclusion Approval

STIP Project No. U-5019B
WBS Element 41503.3.1
Federal Project No. STBGDA-1302(085)
Prepared By:

Date Dustin Clemens, RLA - Program Manager,
Capital Projects Department, City of Asheville Prepared For: City of Asheville

Reviewed By:

Date Roger D. Bryan, Division 13 Environmental Officer
North Carolina Department of Transportation

☐ Approved If all of the threshold questions (1 through 7) of
Section F are answered “no,” NCDOT approves this
Categorical Exclusion.

☐ Certified If any of the threshold questions (1 through 7) of
Section F are answered “yes,” NCDOT certifies this
Categorical Exclusion.

Date McCray Coates, PE, Division 13 Project Manager
North Carolina Department of Transportation

FHWA Approved: For Projects Certified by NCDOT (above), FHWA signature
required.

Date John F. Sullivan, III, PE, Division Administrator
Federal Highway Administration

8/26/2019
8/27/2019
8/27/2019
^_
Proje ct Location
H E N D E R S O NHENDERSONCOUNTYCOUNTY
M A D I S O NMADISONCOUNTYCOUNTY
B U N C O M B EBUNCOMBECOUNTYCOUNTY
Asheville
Fle tcher
Woodfin
Weaverville
Biltmore Forest
Black Mountain
PineFlat
±
Figure 1French Broad GreenwayVicinity Map
0 2 41MilesBuncombe County
NC OneMap, NC Center for Geographic Information and Analysis, NC 911Board
±Legend
Greenway Path Centerline
Greenway Path
Greenway Slope-Stake Lines
Greenway Right of Way
Wetland Areas
Existing Streams
0 500 1,000Feet
Figure 2Project Map OverviewFrench Broad Greenway
Rev: 2/19/16
Fig. 2A
Fig. 2B
±
0 250 500Feet
Figure 4USGS MapFrench Broad Greenway
Legend
Project Boundary
Asheville Quandrangle
NC OneMap, NC Center for Geographic Information and Analysis, NC 911Board
±
0 250 500Feet
Figure 7FEMA MapFrench Broad Greenway
Legend
Project Boundary
Flood Hazard Zones
Zone Type
1% Annual Chance Flood Hazard
Regulatory Floodway
Special Floodway
Area of Undetermined Flood Hazard
0.2% Annual Chance Flood Hazard
Future C onditions 1% Annual Chance Flood Hazard
Area w ith Reduced R isk Due to Levee
Zone AE(1% Annual ChanceFlood Hazard)
Area of Minimal FloodHazard - Zone X
Area of Minimal FloodHazard - Zone X
0.2% Annual ChanceFlood Hazard
FIRM Map ID: 37021CData Version: 1.1.1.0

Renee Gledhill-Earley January 8, 2016
State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617

Subject: French Broad River West Greenway Project in Buncombe County

Dear Ms. Gledhill-Earley,

The City of Asheville proposes to construct a greenway project along the French Broad
River in the French Broad River basin. The proposed greenway will extend from the French
Broad River Park to the New Belgium Greenway, a distance of approximately 1.14 miles.
The project is across the French Broad River from the Harris Rees Sons Tannery (ID
BN0414, a study list site), and includes passage under the West Asheville Riverlink Bridge
(ID BN2260), which is part of the NRHP listed Riverside Industrial Historic District (ID
BN1827). The project is not anticipated to require modification of the existing historic
bridge, as the greenway will pass under the structure, as shown on page 9 of the enclosed
preliminary plans.
We are requesting your input as we develop the Pre-Construction Notification (PCN) form
pursuant to obtaining the Nationwide 13 Permit for both the North Carolina Division of
Water Resources and the United States Army Corps of Engineers (USACE), as required
under Sections 401/404 of the Clean Water Act (33 U.S.C. 1344).
To assist you in your review, we have attached:
 Vicinity Map
 Topo Quad Map
 Historic resource map from the North Carolina State Historic Preservation Office
GIS Web Service website (http://gis.ncdcr.gov/hpoweb/)

We thank you in advance for your timely response and cooperation. Please feel free to
contact us with any questions that you may have associated with this project.
Sincerely,
Ken Gilland, P.G.
Michael Baker Engineering, Inc.
8000 Regency Parkway, Suite 600
Cary, NC 27518
Phone: [phone] Email: [e-mail]

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory Office of Archives and History
Secretary Susan Kluttz Deputy Secretary Kevin Cherry

Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

March 1, 2016

Ken Gilland [e-mail]
Michael Baker Engineering, Inc.
8000 Regency Parkway, Suite 600
Cary, NC 27518

Re: French Broad River West Greenway Project, Buncombe County, ER 16-0068

Dear Mr. Gilland:

Thank you for your email of February 12, 2016, regarding the above-referenced undertaking. We have
reviewed the project area photographs and construction plans for the trail you submitted and offer the
following comments.

Based on the additional information received, it appears the proposed work will not adversely affect the
West Asheville/Riverlink Bridge (BN2260).

The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36
CFR Part 800.

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or
[e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.

Sincerely,

Ramona M. Bartos

cc: Jack Byers, [e-mail]
Stacy Merten, [e-mail]
STRONGER BY DESIGN
223 S. West Street Raleigh, NC T 919. 380. 8750
Suite 1100 27603 F 919. 380. 8752
August 22, 2019
USFWS Threatened and Endangered Species Addendum
Michael Baker International conducted Threatened and Endangered Species Review for the French
Board River West Greenway (TIP# U-5019B) project in March 2016. That review was included and
approved as part of the Programmatic Categorical Exclusion in April 2016.
The project is scheduled for bid and construction in late 2019/2020. Review of the USFWS TES
listing for Buncombe County indicated a change in the Habitat Status for two species:
•American elktoe: The 5-Year Review (8/28/17) reports that the population is expanding in
the main stem French Broad River throughout a 32-km section and that it is becoming more
widespread and may reach long-term viability in the future.
•Gray bat: Gray bats are present throughout the project area. Gray bats often roost in caves,
though they are also known to roost in human-made structures like bridges. Most winter
caves are deep and vertical; all provide large volume below the lowest entrance and act as
cold air traps. A much wider variety of cave types are used during spring and fall transient
periods. In summer, maternity colonies prefer caves that act as warm air traps or that
provide restricted rooms or domed ceilings that are capable of trapping the combined body
heat from thousands of clustered individuals.
While both species have habitat within the project vicinity, consultation with USFWS has been
conducted and they concur that the determination of “may affect not likely to adversely affect” for
these two species. This designation has been revised in the CE documentation from those reported
in original species review table.
Todd Delk, PE
Mobility Manager

Marella Buncick March 2, 2016
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Subject: French Broad River West Greenway Project in Buncombe County
Dear Ms. Buncick,
The City of Asheville proposes to construct a greenway project along the French Broad
River in the French Broad River basin. The proposed greenway will extend from the French
Broad River Park to the New Belgium Greenway, a distance of approximately 1.14 miles.
We are requesting your input as we develop the Pre-Construction Notification (PCN) form
pursuant to obtaining the Nationwide Permit for both the North Carolina Division of Water
Resources and the United States Army Corps of Engineers (USACE), as required under
Sections 401/404 of the Clean Water Act (33 U.S.C. 1344).
To assist you in your review, we have attached:
 Vicinity Map
 Project Wetlands Map
 Soils Map
 Topo Quad Map
As shown in the evaluation below, the project is anticipated to have either No Effect or
compliant with 4(d) rule for federally protected species listed for Buncombe County.
Threatened and Endangered Species Review
As of October 30, 2015, the United States Fish and Wildlife Service (USFWS) lists fourteen
federally protected species for Buncombe County (below). A brief description of each
species’ habitat requirements follows, along with the Biological Conclusion rendered based
on survey results in the study area. Habitat requirements for each species are based on the
current best available information from referenced literature and/or USFWS.
Table 1. Federally protected species listed for Buncombe County.
Scientific Name Common Name Federal
Status
Habitat
Present Biological Conclusion
Clemmys muhlenbergii Bog turtle T(S/A) No Not Required
Glaucomys sabrinus
coloratus
Carolina northern
flying squirrel E No No Effect
Myotis grisescens Gray bat E No No Effect
Myotis septentrionalis Northern long-eared
bat T Yes Compliant with 4(d) Rule
Erimonax monachus* Spotfin chub T No No Effect
Alasmidonta raveneliana* Appalachian elktoe E No No Effect

Epioblasma florentina
walker* Tan riffleshell E No No Effect
Solidago spithamaea* Blue Ridge goldenrod T No No Effect
Sagittaria fasciculate* Bunched arrowhead E Yes No Effect
Sarracenia rubra ssp.
Jonesii*
Mountain sweet
pitcher plant E Yes No Effect
Geum radiatum Spreading avens E No No Effect
Spiraea virginiana* Virginia spiraea T No No Effect
Gymnoderma lineare Rock gnome lichen E No No Effect
Microhexura montivaga Spruce-fir moss
spider E No No Effect
E - Endangered
T - Threatened
T(S/A) - Threatened due to similarity of appearance
* - Historic record (the species was last observed in the county more than 50 years ago)
Bog turtle
USFWS optimal survey window: April 1 – October 1 (visual surveys); April 1-June 15
(optimal for breeding/nesting); May 1-June 30 (trapping surveys)
Habitat Description: Bog turtle habitat consists of open, groundwater supplied (spring-fed),
graminoid dominated wetlands along riparian corridors or on seepage slopes. These habitats
are designated as mountain bogs by the NCNHP, but they are technically poor, moderate, or
rich fens that may be associated with wet pastures and old drainage ditches that have
saturated muddy substrates with open canopies. Plants found in bog turtle habitat include
sedges, rushes, marsh ferns, herbs, shrubs (tag alder, hardhack, blueberry, etc.), and wetland
tree species (red maple and silky willow). These habitats often support sphagnum moss and
may contain carnivorous plants (sundews and pitcher plants) and rare orchids. Potential
habitats may be found in western Piedmont and Mountain counties from 700 to 4,500 feet
elevation in North Carolina. Soil types (poorly drained silt loams) from which bog turtle
habitats have been found include Arkaqua, Chewacla, Dellwood, Codorus complex,
Hatboro, Nikwasi, Potomac – Iotla complex, Reddies, Rosman, Tate – Cullowhee complex,
Toxaway, Tuckasegee – Cullasaja complex, Tusquitee, Watauga, and Wehadkee.
Biological Conclusion: Not Required
Species listed as threatened due to similarity of appearance do not require Section 7
consultation with the USFWS. However, this project is not expected to affect the bog turtle
because mountain bog habitat is not present within the study area. Freshwater wetlands
within the study area are disturbed freshwater marshes in a maintained powerline easement.
A review of NCNHP records, updated October 2015, indicates a known bog turtle
occurrence within 1.0 mile of the study area, but not within the study area.
Carolina northern flying squirrel
USFWS optimal survey window: May-October
Habitat Description: There are several isolated populations of the Carolina northern flying
squirrel in the mountains of North Carolina. This nocturnal squirrel prefers the ecotone

between coniferous (red spruce, Fraser fir, or hemlock) and mature northern hardwood
forests (beech, yellow birch, maple, hemlock, red oak, and buckeye), typically at elevations
greater than 4,500 feet above mean sea level (AMSL). In some instances, the squirrels may
be found on narrow, north-facing valleys greater than 4,000 feet AMSL. Both forest types
are used to search for food and the hardwood forest is used for nesting sites. Mature forests
with a thick evergreen understory and numerous snags are most preferable. In winter,
squirrels inhabit tree cavities in older hardwoods, particularly yellow birch.
Biological Conclusion: No Effect
The study area does not occur at the proper elevation to support habitat for the Carolina
northern flying squirrel. Elevations within the study area are approximately 2,000 feet
AMSL. In addition, an ecotone between a coniferous forest and a northern hardwood forest
is not present with the study area. A review of NCNHP records, updated October 2015, does
not indicate known Carolina northern flying squirrel occurrence within 1.0 mile of the study
area. Therefore, since no habitat is present, the proposed project is anticipated to have No
Effect on the Carolina northern flying squirrel.
Gray Bat
USFWS optimal survey window: May15-August 15 (summer); January 15-February 15
(winter)
Habitat Description: Gray bats are known mainly from the cave regions of the Southeast
and Midwest. They live in colonies in caves, utilizing different caves for summer roosting
and winter hibernating. Summer caves are usually within one half mile of a river or
reservoir, which provides foraging habitat. During the summer, females give birth and rear
the young in maternity caves, while males and yearlings roost in separate bachelor caves.
Caves preferred for hibernation are typically deep, vertical caves with a temperature
between 42 and 52 degrees Fahrenheit. Gray bats are highly selective in choosing suitable
caves, and nine known caves are thought to provide hibernation space for 95 percent of the
population. Migration from summer to winter caves begins in September and is mainly
complete by the beginning of November.
Biological Conclusion: No Effect
While the French Broad River could potentially provide forging habitat for gray bat, no
direct impacts would occur to the river and no riverine habitat would be lost. In addition, no
caves that would provide roosting habitat were found in the study area. A review of NCNHP
records, updated October 2015, does not indicate known gray bat occurrence within 1.0 mile
of the study area. Therefore, since no roosting habitat is present and the proposed project
would not impact foraging habitat, the proposed project is anticipated to have No Effect on
the gray bat.
Northern Long-Eared Bat
USFWS optimal survey window: June 1- August 15
Habitat Description: In North Carolina, the Northern long-eared bat (NLEB) occurs in the
mountains, with scattered records in the Piedmont and coastal plain. In western North

Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not
known to be a long-distance migrant, and caves and subterranean mines are extremely rare
in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern North
Carolina. During the summer, NLEB roost singly or in colonies underneath bark, in
cavities, or in crevices of both live and dead trees (typically ≥3 inches dbh). Males and non-
reproductive females may also roost in cooler places, like caves and mines. This bat also
been found, rarely, roosting in structures like barns and sheds, under eaves of buildings,
behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides
and ridges, and occasionally over forest clearings, over water, and along tree-lined corridors.
Mature forests may be an important habitat type for foraging.
Biological Conclusion: Compliant with 4(d) Rule
The Haywood and Amboy Road Bridges over the French Broad River and forested habitats
containing trees at least 3-inch dbh in the study area provide suitable habitat for NLEB. No
work would occur to either of the bridges in the study area, so no impacts would occur to
the potential roosting habitat in the study area. A review of NCNHP records, updated
October 2015, does not indicate known NLEB populations within 1.0 mile of the study area.
Buncombe County does not contain any confirmed hibernation and maternity sites for the
NLEB. As such this project does not require any prohibited intentional take and has met the
requirements of the 4(d) rule and any associated take is exempted.

Potential impacts to northern long-eared bat were analyzed using the Key to the Northern
Long-Eared Bat 4(d) Rule for Non-Federal Actions that May Affect Northern Long-Eared
Bats.1 The proposed project would follow the key as follows:
 Action does not include a purposeful take;
 Action is located within the White-nose Syndrome Zone;
 Action would not take place with a hibernaculum or alter the entrance to
a hibernaculum;
 Action would require tree removal;
 Purpose of Action is not to remove hazardous trees;
 Action is not removing a known occupied maternity roost tree or trees
within 150 feet of a known occupied maternity roost tree and is not
removing trees within 0.25-mile of a known hibernaculum.

Following this framework results in the determination that tree removal activities are not
prohibited. A permit is not required and coordination with the USFWS is not required.

1 USFWS, Key to the Northern Long‐Eared Bat 4(d) Rule for Non‐Federal Activities, 
http://www.fws.gov/midwest/endangered/mammals/nleb/KeyFinal4dNLEB.html (February 9, 2016).  

Spotfin Chub (=Turquoise Shiner)
USFWS optimal survey window: September-November (tributaries); year round (large
rivers)
Habitat Description: The spotfin chub occurs in the Little Tennessee River drainage system.
This minnow typically inhabits moderate to large streams, 49-230 feet in width. However,
they have been documented utilizing smaller tributaries in the fall. These streams should
have a good current, clear water, cool to warm temperatures, and pools alternating with
riffles. Specimens of spotfin chub have been taken from a variety of substrates but rarely
from significantly silted substrates. This species has been observed spawning under loose
rocks over bedrock.
Biological Conclusion: No Effect
The proposed project is within the French Broad River basin, not the Little Tennessee River
basin. A review of NCNHP records, updated October 2015, does not indicate known spotfin
chub occurrences within 1.0 mile of the study area. Therefore, habitat for the spotfin chub
is not present within the study area and the proposed project would have No Effect on this
species.
Appalachian Elktoe
USFWS optimal survey window: year round
Habitat Description: The Appalachian elktoe is known from the French Broad River
watershed in North Carolina. The Appalachian elktoe has been observed in moderate- to
fast-flowing water, in gravelly substrates often mixed with cobble and boulders, in cracks of
bedrock and in relatively silt-free, coarse, sandy substrates. Apparently, stability of the
substrate is critical to this species, as it is seldom found in stream reaches with
accumulations of silt or shifting sand, gravel, or cobble.
Biological Conclusion: No Effect
The two stream reaches that the project would cross are slow flowing first order streams that
do not provide the fast-flowing water preferred by Appalachian elktoe. The French Broad
River would potentially provide habitat, but no impacts to the French Broad River would
occur with the implementation of the proposed project. A review of NCNHP records,
updated October 2015, indicates only historic (pre-1887) occurrences of the Appalachian
elktoe in the vicinity of the proposed project. As the streams within the study area do not
currently provide suitable habitat and no impacts would occur to the French Broad River,
the proposed project would have No Effect on Appalachian elktoe.
Tan Riffleshell
USFWS optimal survey window: year round
Habitat Description: Historic occurrences of the Tan riffleshell are known from the French
Broad and Hiawassee Rivers in North Carolina. Currently, the only known viable population
of this species is located in Tazwell County, Virginia. Individuals are typically found in
headwaters, riffles, and shoals in sand and gravel substrates.

Biological Conclusion: No Effect
The two streams that would be crossed by the proposed project have been historically
impacted by channelization, flow restriction, and piping for the construction of an access
road for a power line easement. These impacts have resulted in stream reaches that are not
likely suitable habitat for tan riffleshell. A review of NCNHP records, updated October
2015, does not indicate known tan riffleshell occurrence within 1.0 mile of the study area.
Therefore, since the streams within the study area do not provide suitable habitat and no
impacts would occur to the French Broad River, the proposed project would have No Effect
on tan riffleshell.
Blue Ridge Goldenrod
USFWS Optimal Survey Window: July-September
Habitat Description: Blue Ridge goldenrod, endemic to the Appalachian Mountains of North
Carolina and Tennessee, occurs in the High Elevation Rocky Summit natural community
generally at or above elevations of 4,600 feet AMSL along cliffs, ledges, balds, and dry rock
crevices of granite outcrops of the higher mountain peaks. This early pioneer herb usually
grows in full sun on generally acidic soils of shallow humus or clay loams that are
intermittently saturated. The encroachment of woody vegetation such as ericaceous shrubs
can eliminate the goldenrod through competition and shading. Roan Mountain bluet,
Heller’s blazing star, and spreading avens are a few of its common associate species.
Biological Conclusion: No Effect
The study area does not occur at the proper elevation to support habitat for Blue Ridge
goldenrod. Elevations within the study area are approximately 2,000 feet AMSL and does
not contain the High Elevation Rocky Summit natural community preferred by Blue Ridge
goldenrod. A review of NCNHP records, updated October 2015, does not indicate known
Blue Ridge goldenrod occurrence within 1.0 mile of the study area. Therefore, since
suitable habitat is not present, the proposed project would have No Effect on Blue Ridge
goldenrod.
Bunched Arrowhead
USFWS Optimal Survey Window: May 15-August 15 (summer); January 15-February 15
(winter).
Habitat Description: Bunched arrowhead, endemic to the southern Appalachian Mountains
of North Carolina and upper Piedmont of South Carolina, is rooted in shallow water seepage
areas of bogs, wooded swamps, and deciduous woodlands. This early-successional perennial
herb occurs in Swamp Forest-Bog Complex (Typic Subtype) and Southern Appalachian
Bog (Southern Subtype) natural communities. A known occurrence also occurs in a
maintained power line right of-way along the headwaters of a river. The plant requires a
slight but continuous and steady flow of cool, clean water that saturates or floods but does
not stagnate. The species typically occurs in sandy loam soils found underneath a 10-24 inch
deep layer of muck, sand, and silt. Undisturbed occurrences are usually located just below
the origin of the seep on gently sloping terrain at the bluff-floodplain ecotone. While shaded
areas contain the most vigorous plants, it will also grow in either full sun or partial shade

beneath red maple, black gum, and alder at the base of steep slopes.
Biological Conclusion: No Effect
Since the potential habitat in the form of headwater streams within a maintained powerline
right-of-way are present within the study area, a field survey to determine the presence or
absence of bunch arrowhead occurred during the optimal survey window. Surveys for
bunched arrowhead focused on the stream/wetland systems within the study area. While
wetland/stream systems are present within the study area, the project has been designed to
avoid all wetland impacts. The entire wetland areas were surveyed for specimens with
special attention paid to the groundwater seep areas with flowing water. No specimens of
bunched arrowhead were found during pedestrian surveys. A review of NCNHP records,
updated October 2015, does not indicate known bunched arrowhead occurrence within 1.0
mile of the study area. Therefore, since suitable habitat is present within the study area, but
no specimens were found during field surveys, no impacts to suitable habitat would occur,
and there are no known NCNHP occurrences within 1.0-mile, the proposed project would
have No Effect on bunched arrowhead.
Mountain Sweet Pitcher Plant
USFWS Optimal Survey Window: April-October
Habitat Description: Mountain sweet pitcher plant, endemic to the Blue Ridge Mountains of
North and South Carolina, is found along stream banks and in shrub/herb-dominated,
seepage-fed mountain bogs (Southern Appalachian Bog Southern Subtype). Both stream
bank and bog habitats are usually situated along intermittently exposed to intermittently
flooded level depressions associated with valley floodplains. These habitats, typically on
soils of the Toxaway or Hatboro series, contain deep, poorly drained, saturated soils of
loam, sand, and silt with a high organic matter content and medium to high acidity. A few
occurrences of the pitcher plant also grow in cataract bogs, either in thin strips along the
edges of waterfalls or on soil islands over granite rock faces, where sphagnum and other bog
plant species line the sides. This early successional species relies on natural disturbance
(e.g., drought, water fluctuation, periodic fire, ice damage) to maintain its habitat by
preventing the establishment of later successional woody seedlings.
Biological Conclusion: No Effect
Since the potential habitat in the form of headwater streams with associated wetlands are
present within the study area, a field survey to determine the presence or absence of
mountain sweet pitcher plant occurred during the optimal survey window. While
wetland/stream systems are present within the study area, the project has been designed to
avoid all wetland impacts. Surveys for mountain sweet pitcher plant focused on the
stream/wetland systems within the study area. The entire wetland areas were surveyed for
specimens with special attention paid to the groundwater seep areas and along stream banks.
No specimens of Mountain sweet pitcher plant were found during pedestrian surveys. A
review of NCNHP records, updated October 2015, does not indicate known mountain sweet
pitcher plant occurrence within 1.0 mile of the study area. Therefore, since suitable habitat
is present within the study area, but no specimens were found during field surveys, no

impacts to suitable habitat would occur, and there are no known NCNHP occurrences within
1.0-mile, the proposed project would have No Effect on mountain sweet pitcher plant.
Spreading Avens
USFWS Optimal Survey Window: June-September
Habitat Description: Spreading avens occurs in areas exposed to full sun on high elevation
cliffs, outcrops, and bases of steep talus slopes. This perennial herb also occurs in thin,
gravelly soils of grassy balds near summit outcrops. The species prefers a northwest aspect,
but can be found on west-southwest through north-northeast aspects. Forests surrounding
known occurrences are generally dominated by either red spruce-Fraser fir, northern
hardwoods with scattered spruce, or high-elevation red oaks. Spreading avens typically
occurs in shallow, acidic soil (such as the Burton series) in cracks and crevices of igneous,
metamorphic, or metasedimentary rocks. Soils may be well drained but almost continuously
wet, with soils at some known occurrences subject to drying out in summer due to exposure
to sun and shallow depths. Known populations occur at elevations ranging from 4,296 to
6,268 feet AMSL. Blue Ridge goldenrod, Heller’s blazing star, and Roan Mountain bluet
are a few of its common associate species.
Biological Conclusion: No Effect
The high elevation cliff, outcrop, and talus habitats preferred by spreading avens are not
present within the study area. A review of NCNHP records, updated October 2015, does not
indicate known spreading avens occurrence within 1.0 mile of the study area. Therefore,
since suitable habitat is not present within the study area, the proposed project would have
No Effect on spreading avens.
Virginia Spiraea
USFWS Optimal Survey Window: May-early July
Habitat Description: Virginia spiraea occurs in flood-scoured, high-gradient sections of
rocky river banks of second and third order streams, often in gorges or canyons. This
perennial shrub grows in sunny areas on moist, acidic soils, primarily over sandstone. The
shrub tends to be found in thickets with little arboreal or herbaceous competition along early
successional areas that rely on periodic disturbances such as high-velocity scouring floods to
eliminate such competition. Virginia spiraea also occurs on meander scrolls and point bars,
natural levees, and other braided features of lower stream reaches, often near the stream
mouth. Scoured, riverine habitat sites are found where deposition occurs after high water
flows, such as on floodplains and overwash islands, rather than along areas of maximum
erosion. Occurrences in depositional habitats are found among riparian debris piles, on fine
alluvial sand and other alluvial deposits, or between boulders.
Biological Conclusion: No Effect
While potential habitat for Virginia spiraea could occur along the flood scoured banks of the
French Broad River, the proposed project would occur upslope of the scoured areas and
project limits would not encroach into these areas. A review of NCNHP records, updated
October 2015, does not indicate known Virginia spiraea occurrence within 1.0 mile of the

study area. Therefore, No Effect to Virginia spiraea is anticipated to occur as a result of
the proposed project.
Rock Gnome Lichen
USFWS Optimal Survey Window: year round
Habitat Description: Rock gnome lichen occurs in high elevation coniferous forests
(particularly those dominated by red spruce and Fraser fir) usually on rocky outcrop or cliff
habitats. This squamulose lichen only grows in areas with a great deal of humidity, such as
high elevations greater than 5,000 feet AMSL where there is often fog, or on boulders and
large outcrops in deep river gorges at lower elevations. Habitat is primarily limited to
vertical rock faces where seepage water from forest soils above flows only at very wet
times. The species requires a moderate amount of sunlight, but cannot tolerate high-intensity
solar radiation. The lichen does well on moist, generally open sites with northern exposures,
but requires at least partial canopy coverage on southern or western aspects because of its
intolerance to high solar radiation.
Biological Conclusion: No Effect
The study area does not occur at the proper elevation to support habitat for rock gnome
lichen. Elevations within the study area are approximately 2,000 feet AMSL and does not
contain the high elevation rock face habitat preferred by rock gnome lichen. A review of
NCNHP records, updated October 2015, does not indicate known rock gnome lichen
occurrence within 1.0 mile of the study area. Therefore, since habitat is not present, No
Effect to rock gnome lichen is anticipated to occur as a result of the proposed project.
Spruce-Fir Moss Spider
USFWS Recommended Survey Window: May-August
Habitat Description: This species is known only from spruce-fir forests in the Appalachian
mountains of North Carolina and Tennessee. The spruce-fir moss spider occurs in well-
drained moss and liverwort mats growing on rocks or boulders. These mats are found in
well-shaded areas in mature, high elevation (> 5,000 feet AMSL) Fraser fir and red spruce
forests. The spruce-fir moss spider is very sensitive to desiccation and requires
environments of high and constant humidity. The need for humidity relates to the moss
mats, which cannot become too parched or else the mats become dry and loose. Likewise,
the moss mats cannot be too wet because large drops of water can also pose a threat to the
spider. The spider constructs its tube-shaped webs in the interface between the moss mat
and the rock surface. Some webs have been found to extend into the interior of the moss
mat.
Biological Conclusion: No Effect
The study area does not occur at the proper elevation to support habitat for spruce-fir moss
spider. Elevations within the study area are approximately 2,000 feet AMSL and does not
contain the high elevation Fraser fir and red spruce forest habitat preferred by spruce-fir
moss spider. A review of NCNHP records, updated October 2015, does not indicate known
spruce-fir moss spider occurrence within 1.0 mile of the study area. Therefore, since

habitat is not present, No Effect to spruce-fir moss spider is anticipated to occur as a result
of the proposed project.
We thank you in advance for your timely response and cooperation. Please feel free to
contact us with any questions that you may have associated with this project.
Sincerely,
Jacob Byers PE
Michael Baker Engineering, Inc.
797 Haywood Road, Suite 201
Asheville, NC 28806

1
Byers, Jake
From:Buncick, Marella <[e-mail]>
Sent:Wednesday, March 02, 2016 11:16 AM
To:Byers, Jake
Subject:Re: NLEB
Jake,

With receipt of this email and the attached documentation for the subject project, I agree that implementing the
French Broad River Greenway West is compliant the 4d rule exemptions for northern long-eared bat and your
consultation responsibilities are completed.

If you have further questions please let me know.

Marella

On Wed, Mar 2, 2016 at 10:50 AM, Byers, Jake <[e-mail]> wrote:
Marella,

Please find attached Baker’s conclusions regarding T and E species and the French Broad River Greenway West 
project.  Please let me know if you have any concerns or questions.

Thanks,

‐Jake

****Please note my new direct telephone number as of 11/2/15****
Jacob “Jake” Byers, PE | NC Ecosystem Services Manager | Michael Baker Engineering, Inc., a unit of Michael Baker 
International 
797 Haywood Road, Suite 201 | Asheville, North Carolina 28806 | [O] 828‐412‐6101 | [M] 919‐259‐4814 
[e-mail] | www.mbakerintl.com

2

From: Buncick, Marella [mailto:[e-mail]]  
Sent: Wednesday, March 02, 2016 10:00 AM 
To: Byers, Jake <[e-mail]> 
Subject: NLEB

http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html

--
Marella Buncick
USFWS
160 Zillicoa St
Asheville, NC 28801
[phone] ext 237
fax [phone]

--
Marella Buncick
USFWS
160 Zillicoa St
Asheville, NC 28801
[phone] ext 237
fax [phone]