SR 1660 and SR 1662 (13)

United States Department of the
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
June 23. 2009
Dr. Gregory J. Thorpe, Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
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Dear Dr. Thorpe:
Subject: Review of the State Finding of No Significant Impact for the New Route from SR 1660
(Siler Road) to SR 1662 (Wiley Brown Road) South of US 64/23/441. Macon County:
North Carolina (TIP Project No. R-4748. WBS Element No. 40118.1,1)
We have reviewed the State Finding of No Significant Impact (SFONSI) provided by the North
Carolina Department of Transportation (NCDOT) for the subject project. The following ,
comments are provided in accordance with the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) (Act). We previously provided comments during merger meetings
(before this project was removed from the merger process) and in subsequent written comments
on the environmental assessment-(in the SFONSI) and an elevation brief.
Ms. Marella Buncick of our staff met on May 4, 2009, with Division 14 staff to address
hazardous spill protection and bridge deck drainage designs for the crossing of the Little
Tennessee River in this project. In addition, a field meeting was held on June 11, 2009, to
further discuss these protective measures and their construction. Because these measures were
finalized later, they are not included in the Environmental Assessment for this project and are not
currently environmental commitments in the SFONSI but are shown on the final plans. We
believe that these measures, if implemented as proposed on the plans, provide a substantial level
of protection to the river from emergency spills and discharge from the roadway and bridge deck
and address some of our concerns for the direct impacts of this project.
Given that the stated purpose for this project is to provide access to-land slated for development
-and that plans-exist to expand the community college, we remain concerned about the potential
for indirect and cumulative impacts of the project to the Little Tennessee River from increases in
storm-water runoff and impervious surface area. We appreciate the fact that the Town of
Franklin has adopted a Unified Development Ordinance (UDO) addressing retention/designation
of open space and requiring storm-water controls for new developments. The UDO provides for
30-foot buffers along waterways and designates floodways, floodway fringes, and natural water
courses and their buffers as Primary Conservation Areas to be included in open-space
requirements. We do not believe these measures are protective enough for water quality and
aquatic habitat in the project area. In areas containing federally listed species, we recommend
the preservation of intact, forested riparian buffers that are 200 feet wide on perennial streams
and 100 feet wide on intermittent streams, at a minimum, to protect sensitive species and their
habitats. We strongly encourage the NCDOT to continue to work with the Town of Franklin and
Macon County to provide the appropriate protection for this very sensitive area. Otherwise, the
indirect effects of the proposed project may affect federally endangered and threatened species
and designated critical habitat in the Little Tennessee River, and consultation (in accordance with
the provisions of section 7 of the Act), should be initiated with our office.
We also question the "Basis for State Finding of No Significant Impact" section of the document.
In particular, the level of controversy regarding this project has been significant, especially the
concerns of the resource agencies. The fact that this project was elevated during the merger
process and that the basis for elevation was environmental concerns indicates that this project is
environmentally controversial. We continue to believe that this project and the development that
it is intended to facilitate is inappropriate for an area this close to the Little Tennessee River and
its sensitive resources.
If you have questions about these comments, please contact Ms. Marella Buncick of our staff at
828/258-3939, Ext. 237. In any future correspondence concerning this project, please reference
our Log Number 4-2-06-386.
Sincerely,
Brian P. Cole
Field Supervisor
cc:
Ms. Marla J. Chambers, Western NCDOT Permit Coordinator, North Carolina Wildlife
Resources Commission, 12275 Swift Road, Oakboro, NC 28129
Mr. Brian Wrenn, North Carolina Division of Water Quality, Central Office, 2321 Crabtree
Boulevard. Suite 250, Raleigh, NC 27604
Mr. Chris Militscher, U.S. Environmental Protection Agency, 1313 Alderman Circle,
Raleigh, NC 27603