20200452 Ver 1_20-176_Raby Bates Branch Stream Restoration Project_20200401

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United States Department of the Interior FSERVIUE
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FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 9, 2020
Holland Youngman
Michael Baker Engineering
797 Haywood Road, Suite 201
Asheville, North Carolina 28806
Dear Holland Youngman:
Subject: Raby — Bates Branch Stream Restoration Project; Macon County, North Carolina
Log No. 4-2-20-176
The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated February 11, 2020 wherein you solicit our comments regarding project -
mediated impacts to federally protected species. 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
According to the information provided, the proposed project would entail bank stabilization,
installation of instream structures, and riparian planting along approximately 2,550 linear feet of
an unnamed tributary to Bates Branch, Bates Branch, and Hoglot Branch near Franklin, North
Carolina. However, final design plans and descriptions of proposed impact minimization
measures were not provided in your correspondence. The project is located approximately 450
linear feet upstream of the Little Tennessee River. According to the information provided, onsite
habitats (instream and riparian) are highly disturbed due to a legacy of agricultural landuse.
Surrounding land cover is dominated by forest and agricultural developments.
Federally Listed Endangered and Threatened Species
Service records indicate that 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.
Your correspondence indicates that suitable habitat is present onsite for the federally protected
bog turtle (Glyptemys muhlenbergii), swamp pink (Helonias bullata), and mountain sweet
pitcherplant (Sarracenia rubra spp. jonesii). However, your correspondence also indicates that

the proposed work would avoid areas containing suitable habitats. We request that the Applicant
describe proposed measures intended to avoid impacts to suitable habitats that occur onsite (e.g.
exclusion fencing, silt fencing, etc. to inform a prudent effect determination for these species.
To prevent the inadvertent loss of federally protected species, and to support an appropriate
effect determination, we typically request that suitable habitats within the proposed impact area
be surveyed for the presence of these plants and animals during their optimal survey windows.
Surveys are not required where suitable habitats for federally protected species do not occur.
Although your letter states that no critical habitat for the federally threatened spotfin chub
(Erimonax monachus) has been designated, please be aware that critical habitat for this animal
does occur in project receiving waters (Little Tennessee River) approximately 450 linear feet
downstream from the project area. We are concerned about project -mediated impacts to this
species and the potential for adverse modification of its designated critical habitat that may result
from construction disturbances. We request that the Applicant describe proposed impact
minimization measures intended to reduce the probability for take of this species and adverse
modification of it critical habitat (please refer to recommendations below).
Based on the apparent lack of suitable habitat, the Service has no concerns for any other
federally protected species. Please bear in mind that in accordance with the Act, it is the
responsibility of the appropriate federal agency or its designated representative to review its
activities or programs and to identify any such activities or programs that may affect endangered
or threatened species or their habitats. If it is determined that the proposed activity may
adversely affect any species federally listed as endangered or threatened, formal consultation
with this office must be initiated.
Records of the eastern hellbender (Cryptobranchus alleganiensis) occur in the project vicinity.
Our office considers this animal a species of concern and it is not currently afforded legal
protection under the Act. However, incorporating proactive conservation measures on its behalf
may preclude the need to list it in the future. We encourage project proponents to consider
retaining, and/or incorporating large flat rock material into the project design that may serve as
shelters for this species. At your request, the Service is available to provide specific guidance
regarding shelter dimensions and position.
We offer the following general recommendations on behalf of natural resources:
Erosion and Sediment Control
Measures to control sediment and erosion should be installed before any ground -disturbing
activities occur. Grading and backfilling should be minimized, and existing native vegetation
should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas
should be revegetated with native vegetation as soon as the project is completed. Ground
disturbance should be limited to what will be stabilized quickly, preferably by the end of the
workday. Natural fiber matting (coir) should be used for erosion control as synthetic
netting can trap animals and persist in the environment beyond its intended purpose.

Stream Channel and Bank Restoration
A natural, stable stream system is one that is able to transport a wide range of flows and
associated sediment bed load while maintaining channel features and neither degrading nor
aggrading. Alterations to the dimension, pattern, or profile of the stream channel as well as
changes to streambank vegetation, floodplains, hydrology, or sediment input can significantly
alter this equilibrium.
We offer the following recommendations for the Applicant's consideration:
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. Live dormant stakes 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.
2. Only the absolute minimum amount of work should be done within stream channels to
accomplish necessary reconstruction. Restoration plans should account for the
constraints of the site and the opportunities to improve stream pattern, dimension, and
profile with minimal disturbance.
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.
4. 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.
5. 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
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.

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. 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).
Pollinator Habitat
Pollinators, such as most bees, some birds and bats, or other insects, including moths and
butterflies, play a crucial role in the reproduction of flowering plants and in the production of
most fruits and vegetables. Declines in wild pollinators are a result of loss, degradation, and
fragmentation of habitat and disease; while declines in honey bees has also been linked to
disease. The rusty -patched bumble bee (Bombus afnis) historically occurred in North Carolina's
Mountain and Piedmont provinces. Although not required, we encourage the Applicant to
consider our recommendations below to benefit the rusty -patched bumble bee and other
pollinators. Moreover, the creation and maintenance of pollinator habitats at this site may
increase the value of the project for adjacent land owners and help reduce the spread of
invasive exotic plants. Please consider the following:
I. Sow native seed mixes in disturbed areas or in designated pollinator areas with plants
that bloom throughout the entire growing season.
2. Taller growing pollinator plant species should be planted around the periphery of the
site and anywhere on the site where mowing can be restricted during the summer
months. Taller plants, left un-mowed during the summer, would provide benefits to
pollinators, habitat to ground nesting/feeding birds, and cover for small mammals.
3. Low growing/groundcover native species should be planted in areas that need to be
maintained. This would provide benefits to pollinators while also minimizing the
amount of maintenance such as mowing and herbicide treatment. Milk weed species
are an important host plant for monarch butterflies.
4. Avoid mowing of flowering plants. Designated pollinator areas show be mow only
50% of the plant height, but no lower than 8 inches.
5. Avoid mowing outside the active season for rusty -patched bumble bee and other
pollinators (April 15 — October 15).
6. Leave slash piles, mulch piles, or loose dirt piles along woodland edges. These areas
provide nesting habitats and/or nest materials for some pollinators.
7. Avoid the use of pesticides and specifically neonicotinoids.
8. Additional information regarding plant species, seed mixes, and pollinator habitat
requirements can be provided upon request.
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The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at 828/258-3939, Ext. 42225, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-20-176.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor