20200452 Ver 1_NCWRC_letter_20200401

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INTERNATIONAL
February 11, 2020
N.C. Wildlife Resources Commission
Attn: Ms. Andrea Leslie
Mountain Habitat Conservation Coordinator
Balsam Depot
20830 Great Smoky Mountain Expressway
Waynesville, NC 28786
RE: Project Review Request
Raby — Bates Branch Stream Restoration Project
Macon County, North Carolina
Little Tennessee River Basin (Catalog Unit — 06010202)
Dear Ms. Leslie:
Michael Baker Engineering, Inc. (Baker) respectfully requests review and comment from the North Carolina
Wildlife Resources Commission (NCWRC) as we develop the Pre -Construction Notification (PCN) form
pursuant to obtaining the United States Army Corps of Engineers (USACE) Nationwide 27 Permit and the
North Carolina Division of Water Resources (NCDWR) General Certification 408, as required under
Sections 401/404 of the Clean Water Act (33 U.S.C. 1344).
The Raby — Bates Branch Stream Restoration Project was funded as part of the Western NC Stream Initiative
(WNCSI) to reduce sediment and nutrient loading into Bates Branch, an unnamed tributary (UT), Hoglot
Branch and downstream receiving waters. The project is located in Macon County, NC, in the Little
Tennessee River Basin, Cataloging Unit 06010202 and on the Cowee, USGS 7.5-minute topographic map.
The center of the project area is at latitude 35.098209 N and longitude-83.386127 W, approximately 6 miles
south of the town of Franklin, NC. The project extent occurs collectively along approximately 2,550 linear
feet of the UT to Bates Branch, Bates Branch and Hoglot Branch; and receives drainage collectively from
3.4 square miles of primarily forested land, along with smaller areas of farmland/pasture and shrub. Please
see the enclosed Vicinity and USGS Topographic Maps for a depiction of the project site location.
The project will involve enhancement and restoration practices along project streams. These streams are not
classified as trout waters (Tr) by NCDWR or as wild trout waters by NCWR, but Macon County is entirely
within a USACE-designated trout watershed. The components of this project will serve to stabilize eroding
and unstable streambanks, improve bedform diversity, establish riparian vegetation and reduce sedimentation
throughout the project reach. This will result in improved water quality and aquatic habitat for various fish
species and other aquatic organisms in the project streams and downstream receiving waters. See Proposed
Project Work Map for additional information.
Data Review and Analvsis
Based on the Official Species List (included), Consultation Tracking Number 04EN1000-2020-SLI-0296,
generated on January 31, 2020 from the USFWS IPAC website (hit2s:Hecos.fws.gov/ipac/) the following
species may be present in the proposed project area. An impact analysis for each species was
conducted to reach a determination conclusion and a consultation review with the USFWS is being
requested.
Michael Baker Engineering, Inc.
797 Haywood Road, Suite 201, Asheville NC 288o6
Office:828.350.14o8l Fax:[phone]

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Scientific Name
Common Name
Federal
Status
Habitat
Present
Biological Conclusion
Myotis grisescens
Gray Bat
E
No
No Effect
Myotis sodalis
Indiana Bat
E
No
No Effect
Myotis septentrionalis
Northern long-eared bat
T
No
No Effect
Clemmys muhlenbergii
Bog Turtle
T
Yes
No Effect
Erimonax monachus
Spotfin Chub
T
No
No Effect
lasmidonta raveneliana
Appalachian Elktoe
E
No
No Effect
Pegias fabula
Littlewing Pearlymussel
E
No
No Effect
Sarracebua ubra ssp.
"onesii
Mountain Sweet Pitcher-
plant
E
Yes
No Effect
Isotria medeoloides
Small Whorled Pogonia
T
No
No Effect
Helonias bullata
Swamp Pink
T
Yes
No Effect
Spiraea virginiana
Virginia Spiraea
T
No
No Effect
G mnoderma lineare
Rock Gnome Lichen
E
No
No Effect
Baker conducted a two mile radius search using the Natural Heritage Program's (NHP) Data Explorer
(https://ncnhde.natureserve.org on January 3, 2020 and found no known occurrences of the above
referenced species within two miles of the Project site. However, the Little Tennessee Crayfish (Cambarus
georgiae), Eastern Hellbender (Cryptobranchus alleganiensis), Smoky Dace (Clinostomus sp. 1), Striped
Shiner (Luxilus chrysocephalus), and Yellowfin Shiner (Notropis lutipinnis) were documented as occurring
within the project area. None of these species are federally listed, but all are species of special concern in
North Carolina. As mentioned above, the project work will serve to improve aquatic habitat and water quality
by stabilizing failing stream banks, reducing erosion and sedimentation, increasing dissolved oxygen and
heterogeneity of stream channel morphology via in -stream structures, and decreasing water temperature via
establishment of riparian canopy; all factors that serve as a benefit to these species' habitat needs.
Myotisgrisescens (Gray Bat) — Endangered
USFWS optimal survey window: May15-August 15 (summer); January 15-February 15 (winter)
The gray bat is the largest member of its genus in the eastern United States, and is easily distinguishable from
all other bats within its range by its mono -colored fur. Following molt in July or August, gray bats are dark
gray, but they often bleach to chestnut brown or russet between molts (especially apparent in reproductive
females during May and June). The wing membrane connects to the foot at the ankle rather than at the base
of the first toe, as in other species of Myotis.
Gray bats roost predominantly in caves year-round. Most winter caves are deep and vertical, while cave types
vary during the 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, and are located within one half mile of a river or reservoir,
which provides foraging habitat.
No critical habitat has been designated for this species.

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Biological Conclusion: No Effect
The project site does not have any caves that would provide roosting habitat within the study area.
Additionally, a review of NCNHP records conducted on January 3, 2020 did not indicate known gray bat
occurrence within two miles of the study area. Therefore, since no roosting habitat nor foraging habitat will
be impacted, the proposed project is anticipated to have 'No Effect" on the gray bat.
Myotis sodalist (Indiana Bat) — Endangered
USFWS optimal survey window: May 15 - August 15 (summer)
The Indiana bat is a medium-sized bat, with a head and body length ranging from 1.6 — 1.9 in. The species
closely resembles the little brown bat (Myotis lucifugus) and the northern long-eared bat (Myotis
septentrionalis). Its hind feet tend to be small and delicate with fewer, shorter hairs than other bats of the
Myotis genus. The fur lacks luster. The ears and wing membranes have a dull appearance and flat coloration
that does not contrast with the fur. The fur of the chest and belly is lighter than the pinkish -brown fur on the
back, but does not contrast as strongly as does that of the little brown or northern long-eared bats.
Indiana bats winter in caves or mines with stable, but not freezing, cold temperatures. In summer they
generally roost in the loose bark of trees, either dead trees with peeling bark, or live trees with shaggy bark,
such as white oak and some hickories.
The largest reason for the species' decline is human visitation of hibernation sites, which stirs the bats, forcing
them to use up valuable fat stores intended to nourish them through the winter. Other threats come from cave
vandalism and improper cave gating and other structures that can change the flow of air in and out of the
cave and block bat passage.
Critical Habitat for the Indiana Bat was designated on September 24, 1976. Based on the IPAC Official
Species List generated, the project lies outside the critical habitat, but is located within Macon County, NC
which is a county with known Indian bat presence.
Biological Conclusion: No Effect
Baker conducted a two mile radius search using the Natural Heritage Program's Data Explorer
(hlt 2s://ncnhde.natureserve.org on January 3, 2020 and found no known occurrences of the above
referenced species within two miles of the Project site, nor are there any caves within the project area that
would provide hibernation habitat. A field review within the project area found that there were no shagbark
hickory or similar type trees nor are there any abandoned buildings or structures located within the
construction area that would provide roosting habitat. In addition, the project design has minimized tree
clearing, with all larger trees having been surveyed to avoid impacts wherever possible. All disturbed areas
will be replanted with native species, ultimately increasing the forested acreage along the creek. Therefore,
since no roosting habitat will be impacted, the proposed project is anticipated to have "No Effect" on the on
the Indiana bat.
Myotis septentrionalis (Northern Long -Eared Bat) — Threatened
USFWS optimal survey window: June 1- August 15
In North Carolina, the 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 NC. During the summer, NLEB

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roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically
>3 inches dbh). This bat has also been found, rarely, roosting in structures like barns and sheds, under eaves
of buildings, behind window shutters, in bridges, and in bat houses. Pregnant females give birth from late
May to late July. 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.
No critical habitat has been designated for this species.
Biological Conclusion: No Effect
Baker conducted a two mile radius search using the Natural Heritage Program's Data Explorer
(hops://ncnhde.natureserve.org on January 3, 2020 and found no known occurrences of the above
referenced species within two miles of the Project site. A field review within the project area found that there
were no shagbark hickory or similar type trees nor are there any abandoned buildings or structures located
within the construction area that would provide roosting habitat. Additionally, the project design has
minimized tree clearing, with all larger trees having been surveyed to avoid impacts wherever possible. All
disturbed areas will be replanted with native species, ultimately increasing the forested acreage along the
creek. Therefore, since no roosting habitat will be impacted, the proposed project is anticipated to have "No
Effect" on the NLEB.
Clemmys muhlenbergii (Bog Turtle) — Similarity of Appearance (Threatened)
USFWS optimal survey window: April 15 - June 15
The bog turtle is one of the smallest turtles in the world, with adult carapace length ranging from 3.1 to 4.5
inches. Carapace coloration is brown or black and may be marked with light lines or blotches. Head, neck
and limbs are generally dark brown with reddish or yellow spots or streaks, with a distinctive reddish -orange
blotch occurring above and behind each tympanum. Bog turtles inhabit wetland bogs in forest edges and fields,
spending time under water, buried in mud, and atop raised areas of moss or sedges. Feeding habits are
omnivorous and include plants, insects, worms and snails.
There are two distinct populations of the species, a northern population and a southern population. The
southern population which is found in western North Carolina, including Macon County, NC is listed as
threated due to "similarity of appearance" as stated in the November 4, 1997, 62 FR 59605 59623. Because
the southern population has not experienced the habitat loss of the northern population, the southern population
is not subject to Section 7 consultation requirements of the Endangered Species Act.
No critical habitat has been designated for this species.
Biological Conclusion: No Effect
A review of NCNHP records conducted on January 3, 2020 did not indicate known occurrences of the bog
turtle within 2 miles of the study area. While wetlands do occur within the project area, the proposed work
will not take place within the wetlands; therefore, the project will have "No Effect" on the species.
Erimonaxmonachus (Spotfin Chub) - Threatened
The Spotfin chub is a slender fish that does not exceed four inches in length. Grayish with silvery sides and
white belly, a dark spot sometimes visible at tail base. Breeding males are olive to tan dorsally, with bright
blue iridescence on upper sides and silvery cream -colored ventrally. Spotfin chub inhabit large creeks and

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medium-sized rivers with moderate current and gravel, boulder and bedrock substrates; and are rarely found
in areas of sandy bottom. Sexual maturity is reached at two years and the fish are not known to live beyond
three years. Spawning occurs from mid -May to mid -August, when females deposit eggs in rock crevices and
males fertilize the eggs then stay to defend the nest. Spotfin chub feed on small insect larvae along the stream
bottom.
The range of the Spotfin chub historically fell within twelve Tennessee River tributaries in VA, NC, GA and
AL. The current range is limited to four isolated tributary systems within portions of TN, VA, and NC,
including the Little Tennessee River in Macon County, NC. The decline in population size and distribution
is a result of water quality degradation in the form of sedimentation and pollution brought about by numerous
human activities. Agriculture, forestry, mining, transportation infrastructure and residential and industrial
development activities have all contributed to the soil erosion and storm -water runoff that degrades water
quality and reduces viable habitat for Spotfin chub.
No critical habitat has been designated for this species.
Biological Conclusion: No Effect
A two-mile radius search using the Natural Heritage Program's Data Explorer
(https://ncnhde.natureserve.org on January 3, 2020 found no known occurrences of Spotfin chub within 2
miles of the Project site. The project reaches are located on small creeks adjacent to and/or abutting active
agricultural pastures, with many areas of actively eroding streambank with vertical or under -cut banks. The
channels are small in nature and consist primarily of sand -gravel substrates. Due to these conditions the
project reaches do not currently provide suitable habitat for the species; therefore, the project would have
"No Effect" on the Spotfin chub.
Alasmidonta raveneliana (Appalachian Elktoe) — Endangered
USFWS optimal survey window: year round
The Appalachian elktoe has a thin, kidney -shaped shell, extending to about 4 inches. Juveniles generally
have a yellowish -brown outer shell surface, while the adults outer shell is usually dark brown to greenish -
black. Although rays are prominent on some shells, particularly in the posterior portion of the shell, many
individuals have only obscure greenish rays. The inside shell surface is shiny, often white to bluish -white,
changing to a salmon, pinkish, or brownish color in the central and beak cavity portions of the shell; some
specimens may be marked with irregular brownish blotches.
The species has been reported from relatively shallow, medium-sized creeks and rivers with cool, clean, well -
oxygenated, moderate- to fast -flowing water. The species is most often found in riffles, runs, and shallow
flowing pools with stable, relatively silt -free, coarse sand and gravel substrate associated with cobble,
boulders, and/or bedrock. Stability of the substrate appears to be critical to the Appalachian elktoe, and the
species is seldom found in stream reaches with accumulations of silt or shifting sand, gravel, or cobble.
Additional factors known to have contributed to the decline and loss of populations of the Appalachian elktoe
and threaten the remaining populations include habitat loss and alteration associated with impoundments,
channelization, and dredging operations; and the run-off of silt, fertilizers, pesticides, and other pollutants
from poorly implemented land-use/farm related activities.
Known current Appalachian elktoe distributions are located in Macon County as well as in portions of the
Little Tennessee River system. Critical Habitat for the Appalachian elktoe was designated on September 27,
2002.

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Biological Conclusion: No Effect
Based on the IPAC Official Species List generated, the project lies outside the critical habitat. Additionally,
a two-mile radius search using the Natural Heritage Program's Data Explorer
(Mips://ncnhde.natureserve.org) on January 3, 2020 found no known occurrences of the above referenced
species within two mile of the Project site. The current project streams are located adjacent to and/or abutting
active agricultural pastures and receive drainage from local roads and rural residential properties. Stream
bank conditions and/riparian conditions along the project reach are poor. Multiple areas are actively eroding
with vertical or under -cut banks. The channels are also incised and disconnected from the floodplain in many
areas. Due to site conditions, the project reach does not currently provide suitable habitat for the species;
therefore, the project would have "No Effect" of the Appalachian elktoe.
Pegias fabula (Littlewing Pearlymussel) — Endangered
USFWS Recommended Survey Window: year round
The Littelwing Pearlymussel does not exceed 1.5 inches in length and 0.5 inches in width. The periostracum
(outer surface of shell) is light green or dark yellow with darks rays of varying width along the anterior
surface. The periostracum is often eroded, giving the shell a chalky or ashy white appearance. The Littlewing
Pearlymussel lives in cool, clear, high gradient streams, usually in the headwaters of high -gradient tributary
streams in the Cumberland and Tennessee River basins. It can be found in riffles and in the transition zone
between riffles and pools, buried in the substratum or atop gravel bottoms; or buried beneath boulders.
Feeding occurs via filter -feeding on phytoplankton, zooplankton and bacteria suspended in the water column.
Historically, the Littlewing Pearlymussel was widespread though uncommon in the small tributaries of the
upper Cumberland and Tennessee River basins in AL, NC, KY, TN, AL and VA. The current distributions
are limited to six watersheds in KY, TN, NC and VA, with only a few individual observations over the past
few years and the only viable population believed to be in the Big South Fork of the Cumberland River.
No critical habitat has been designated for this species.
Biological Conclusion: No Effect
Presence or believed occurrence includes Macon County, NC, within the Little Tennessee watershed.
However, a two-mile radius search using the Natural Heritage Program's Data Explorer
(hops://ncnhde.natureserve.org on January 3, 2020 found no known occurrences of the above referenced
species within two mile of the Project site. The project streams are adjacent to and/or abutting active
agricultural pastures and receive drainage from local roads and rural residential properties. Stream bank
conditions and riparian vegetation conditions along the project reach are poor. Multiple areas are actively
eroding with vertical or under -cut banks. Due to these conditions and the location within the watershed, the
project streams do not provide suitable habitat for the species; therefore, the project would have "No Effect"
of the Littelwing Pearlymussel.
Sarracebua ubra ssp. Jonesii (Mountain Sweet Pitcher -plant) — Endangered
The Mountain sweet pitcher plant has a small range within the Blue Ridge Divide, occurring in a portion of
upstate South Carolina and in two counties in southwest North Carolina. It is a carnivorous perennial
herbaceous plant with hollow "pitcher -shaped" leaves and red flowers. Plants in bloom reach 29 inches in
height. The pitcher leaves contain liquid enzymes which digest the insects that have fallen in. The insect
body nutrients are taken up by the plant tissues.

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Mountain sweet pitcher plants grow in mountain bogs and streamsides in a small portion of the southern
Appalachian mountains. Loss of unique mountain bog habitat and collection are the main threats facing the
species.
No critical habitat has been designated for this species.
Biological Conclusion: No Effect
A review of the NC Natural Heritage Program's Data Explorer(https://ncnhde.natureserve.org_� records
conducted on January 3, 2020 indicated no known occurrences of the Mountain sweet pitcher plant within 2
miles of the study area. While wetlands do occur within the project area, the proposed work will not take
place within the wetlands. Further, given that the original site inspection on January 22, 2020 was outside of
the growing season, we will conduct a follow-up inspection in late spring to ensure the absence of listed
vegetation within the project area. Therefore, the project will have "No Effect" on the species.
Isotria medeoloides (Small whorled pogonia) — Threatened
USFWS Recommended Survey Window: mid -May — early July
Small whorled pogonia is a member of the orchid family and blooms from Mid -May through Early -July. It
is named for the whorl of five or six leaves near the top of a single stem and beneath the small greenish -
yellow flower. The plant occurs in predominantly mature (2"d or 31d successional growth) mixed -deciduous
or mixed-deciduous/coniferous forests with minimal ground cover and long persistent breaks in the forest
canopy. The species prefers moist, acidic soils that lack nutrients. Primary threats to the small whorled
pogonia include habitat loss and degradation from commercial and residential development, forestry
practices, recreational activities, and trampling.
No critical habitat has been designated for this species.
Biological Conclusion: No Effect
A review of NCNHP records conducted on January 3, 2020 did not indicate known occurrences of the small
whorled pogonia within 2 miles of the study area. The habitat type in which the plant occurs is not present
within the project area. A project site review conducted on January 22, 2020 did not find any populations or
individuals; therefore, the project will have "No Effect" on the species.
Helonias bullata (Swamp Pink) — Threatened
USFWS Recommended Survey Window: April — May
Swamp pink is a perennial herb in the lily family. It has a basal rosette of evergreen, strap -like leaves and an
upright pink to lavender flower head. The tall flower stalks (up to 4.5 feet) appear from March to May. During
the winter the leaves often turn reddish brown and lie flat or slightly raised above the ground and are often
hidden by leaf litter, but a visible button in the center of the leaves represents the next season's flower head.
Although the plant can reproduce by seed, seed dispersal is limited. Most of its reproduction is by vegetative
expansion of established plants that tend to grow in clumps, with new plants close to the parent plants.
Habitat for the swamp pink consist of a variety of wetland habitats, including mountain bogs, swampy
forested wetlands bordering smalls streams, wet meadows, and spring seepage areas. The loss of wetlands
to urban and agricultural development and timbering operations historically have been the primary threat to
the species. Known current swamp pink distributions are located in Macon County; however, no critical
habitat has been designated for this species.
Biological Conclusion: No Effect

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A two mile radius search using the Natural Heritage Program's Data Explorer
(hops://ncnhde.natureserve.org on January 3, 2020 found no known occurrences of the above referenced
species within two miles of the Project site. While wetlands do occur within the project area, the proposed
work will not take place within the wetlands. Further, given that the original site inspection on January 22,
2020 was outside of the growing season, we will conduct a follow-up inspection in late spring to ensure the
absence of listed vegetation within the project area. Lack of species presence along with no plans to disturb
the wetland result in the "No Effect" determination.
Spiraea virginiana (Virginia Spiraea) — Endangered
Virginia spiraea is a 3-10 foot tall perennial shrub of the Appalachian plateaus and southern Blue Ridge
mountains. When young, stems appear greenish -yellow, maturing to dark gray. Leaves are alternate,
serrated, narrow and tapered at the base; darker green above than below. The plant's flowers are produced
in yellowish green to pale white bunches, blooming from late May to late July. The root system is clonal,
enabling it to fragment and produce additional plants.
Virginia spiraea inhabits streamsides and riversides that experience periodic scouring floods. Its current
range is limited to isolated populations within the mountainous regions of GA, NC, TN, KY, VA, OH and
WV. Alterations in stream flow patterns such as impoundments, road construction, unrestricted development
and unmanaged river recreation, along with competition from invasive vegetation, have led to the destruction
of the species' habitat and thus its reduced numbers. Known current Virginia spiraea distributions are located
in Macon County; however, no critical habitat has been designated for this species.
Biological Conclusion: No Effect
A review of NCNHP records conducted on January 3, 2020 did not indicate known occurrences of Virginia
spiraea within 2 miles of the study area. The habitat type in which the plant occurs is not present within the
project area, as the project streams are generally incised and disconnected from their floodplain — eliminating
the needed scour events for Virginia spiraea habitat formation. A project site review conducted on January
22, 2020 did not find any populations or individuals; therefore, the project will have "No Effect" on the
species.
Gymnoderma lineare (Rock Gnome Lichen) — Endangered
USFWS Optimal Survey Window: year round
The 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 2,150 feet AMSL and do not contain the high elevation rock face

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habitat preferred by rock gnome lichen. A review of NCNHP records, conducted on January 3, 2020, did not
indicate known rock gnome lichen occurrence within one 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.
Please provide comments on any possible issues that may arise with respect to endangered species, migratory
birds or other natural resources from the construction of the proposed project. If Baker has not received
response from you within 30 days, we will assume that the NCWRC does not have additional comments or
information relevant to the implementation of this project at the current time.
We thank you in advance for your timely response, input, and cooperation. Please contact me if you have
any further questions or comments. I can be reached at [phone] or via my email address at
holland.younman&mbakerintl.com.
Sincerely,
Holland Youngman
Enclosures: Vicinity Map
USGS Topographic Map
Aerial Overview Map
Project Design
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