20140033 All Versions_Complete File_20000511

Mate of North Carolina
epat -ment of Environment
T
:a nd Natural Resources 4'
Division of Water Quality
NCDENR
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Directcr
May 11, 2000
I ' 1A 'VDUNNI
TO William D. Gilmore, P.E., Manager, NCDOT
PrpjPC;t Development & Environntent:tl _ir?,llysis
F ROUGH: John R. Dorne
FROM: Cynthia F. Van Der Wiele, NC Division of Water Quality
SUBJECT: Scoping comments on the proposed improvements to NC 209 from 0.2 mi.
j_'o-.k t of US 19/23/74 to SR 1523 in Haywood Cot.cnty, State Project No.
8.1944301, TIP R-4047.
In reply to your correspondence dated April 3, 2000 in which you requested comments for
the referenced project, preliminary analysis of the project reveals no potential for direct
impacts to perennial streams or jurisdictional wetlands in the project area. Lake
Junaluska and Richlands Creek are noted to-be adjacent to the project site and have a
water quality classification of B. However, in the event that the project corridor shift.,,
the Division of Water Quality requests that NCDOT send notification of any proposed
impacts to wetlands and streams with corresponding mapping.
The NCDWQ appreciates the opportunity to provide comments on your project. il'you
have any questicns, please call me at 733.5715.
CVDW/cvdw
pc: Steve Lund, Corps of Engineers
Mark Cantrell, USFWS
David Cox, NCWRC
File Copy
Central Files
1621 Mail Service Center, Raleigh, North Carolina. 27699-1621 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recvcled/ 10% post-consumer paper

DEPARTMENT OF TRANSPORTATION,
JAMES B. HUNT JR.
GOVERNOR
April 3, 2000
MEMORANDUM TO:
FROM:
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STATE OF NORTH CAROLINA
Mr. John Hennessy
Division of Water Quality/Wetlands
1621 Mail Service Center
3 'mnn
DAvI D MCCOY
SECRETARY
William D. Gilmore, P. E., Manager lr;dc
Project Development and Environmental Analysis Branch
SUBJECT: NC 209 from 0.2 mile North of US 19-23-74 to just North of
SR 1523, Haywood County, F. A. No. STP-209(2), State Project
No. 8.1944301, TIP No. R-4047
The Project Development and Environmental Analysis Branch of the Division of
Highways has begun studying the proposed improvements to NC 209. The project is included in
the 2000-2006 North Carolina Transportation Improvement Program and is scheduled for right
of way in fiscal year 2002 and construction in fiscal year 2004.
The project is Stage II of the improvements to upgrade NC 209. The original project was
state funded under TIP Project No. R-2117, State Project No. 6.941013. The project involves
widening NC 209 to a three or four lane section. The existing Norfolk-Southern Railroad bridge
and track will be relocated to the southwest of its original location.
We would appreciate any information you might have that would be helpful in evaluating
potential environmental impacts of the project. If applicable, please identify any permits or
approvals which may be required by your agency. Your corni-ients will be used in the
preparation of a Federally funded Re-evaluation of a State EA/FONSI. This document will be
prepared in accordance with the National Environmental Policy Act. It is desirable that your
agency respond by June 2, 2000 so that your comments can be used in the preparation of this
document.
If you have any questions concerning the project, please contact Karen B. Capps, PE,
Project Development Engineer, of this Branch at [phone]. Ext. 240.
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NORTH CAROLINA DEPARTMENT
OF TRANSPORTATION
DIVISION OF HIGHWAYS
PROJECT DEVELOPMENT AND
?^?r. M• ENVIRONMENTAL ANALYSIS
NC 209
UPGRADING FROM US 19-23-74
NEAR LAKF, XNALUSKA TO SR 1523
R-4047
FIGURE
SCALE
0 MILES I

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
May 30, 2000
MEMORANDUM
A74 n
NCDENR
TO: Melba McGee, Environmental Coordinator
Office of Legislative and Intergovernmental Affairs
THROUGH: John R. Dorne
FROM: Cynthia F. Van ,& Wiele, NC Division of Water Quality CUck J
SUBJECT: Scoping comments on the proposed improvements to NC 209 from 0.2 mi.
North of US 19/23/74 to SR 1523 in Haywood County, State Project No.
1944301, TIP R-4047.
In reply to your correspondence dated April 3, 2000 in which you requested comments for
the referenced project, preliminary analysis of the project reveals no potential for direct
impacts to perennial streams or jurisdictional wetlands in the project area. Lake
Junaluska and Richlands Creek are noted to be adjacent to the project site and have a
water quality classification of B. However, in the event that the project corridor shifts,
the Division of Water Quality requests that NCDOT send notification of any proposed
impacts to wetlands and streams with corresponding mapping.
The NCDWQ appreciates the opportunity to provide comments on your project. If you
have any questions, please call me at 733.5715.
CVDW/cvdw
pc: File Copy
Central Files
1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
United States Department of the Interior
FISH AND WILDLIFE SERVICE -?
Asheville Field Office B
160 Zillicoa Street J JUN I 3
Asheville, North Carolina 28801
June 9, 2000 ?.- t 3ECTC
r/ I
Mr. William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Gilmore:
Subject: Proposed Improvements to NC 209 from 0.2 Mile North of US 19-23-74 to just North
of SR 1523, Haywood County, North Carolina, F.A. No. STP-209(2), State Project
No. 8.1944301, TIP No. R-4047
We have reviewed the subject project as requested by your letter of April 3, 2000 (response
requested by early June), and are providing the following comments in accordance with the
provisions of 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).
The North Carolina Department of Transportation proposes to widen NC 209 to a three- or
four-lane section from 0.2 mile north of US 19-23-74 to just north of SR 1523. This action also
includes moving the existing Norfolk-Southern Railroad bridge and track southwest of its current
location.
Enclosed is a list of species from Haywood County that are on the Federal List of Endangered
and Threatened Wildlife and Plants and species of Federal concern that may occur in the project
impact area. Although our records indicate no known locations of these species in the project
area, we recommend surveying the area for them prior to any further planning or on-the-ground
activities to ensure that no adverse impacts occur to these species. Species of Federal concern
are not legally protected under the Act and are not subject to any of its provisions, including
Section 7, unless they are formally proposed or listed as endangered or threatened. We are
including these species in our response to give you advance notification. The presence or
absence of these species in the project impact area should be addressed in the reevaluation of the
Environmental Assessment/Finding of No Significant Impact prepared for this project.
Based on our field review, it appears that the project area is primarily an urban, human-altered
environment. The one small stream near the existing railroad trestle is heavily impacted by
culverts and the existing development in the area. While it is not completely clear, it doesn't
appear that this project will further impact the stream. However, the reevaluation document
should contain the following information, if pertinent:
(1) A description of the fishery and wildlife resources within existing and
required additional rights-of-way and any areas, such as borrow areas, that
may be affected directly or indirectly by the proposed road improvements.
(2) The acreage and a description of wetlands that will be filled as a result of the
proposed road improvements. Wetlands affected by the proposed project
should be mapped in accordance with the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands. We recommend contacting the
U.S. Army Corps of Engineers to determine the need for a Section 404 Clean
Water Act permit.
(3) The extent (linear feet as well as discharge) of any water courses that will be
impacted as a result of the proposed project. A description of any streams
should include the classification (Rosgen 1995, 1996) and a description of the
biotic resources.
(4) An analysis of the crossing structures considered (i.e., spanning structure,
culvert) and the rationale for choosing the preferred structure(s). We prefer
stream crossings that span the bank-full width of the stream and do not
impede natural stream functions or fish passage.
(5) The mitigation measures that will be employed to avoid, eliminate, reduce, or
compensate for habitat value losses (wetland, riverine, and upland) associated
with any phase of the proposed project.
We appreciate the opportunity to provide these scoping comments and request that you continue
to keep us informed as to the progress of this project. 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 4-2-00-132.
Sincerely,
Brian P. Cole
State Supervisor
Enclosure
cc:
Mr. Steve Lund, U.S. Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton
Avenue, Room 143, Asheville, NC 28801-5006
Ms. Cynthia Van Der Wiele, North Carolina Department of Environment and Natural Resources,
Division of Water Quality, Wetlands Section, 1621 Mail Service Center,
Raleigh, NC 27699-1621
Mr. Owen Anderson, Eastern Piedmont Region Coordinator, North Carolina Wildlife Resources
Commission, 1142 I-85 Service Road, Creedmoor, NC 27522
ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND FEDERAL
SPECIES OF CONCERN, HAYWOOD COUNTY, NORTH CAROLINA
This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a
listing, for Haywood County, of North Carolina's federally listed and proposed endangered, threatened, and
candidate species and Federal species of concern (for a complete list of rare species in the state, please
contact the North Carolina Natural Heritage Program). The information in this list is compiled from a
variety of sources, including field surveys, museums and herbariums, literature, and personal
communications. The North Carolina Natural Heritage Program's database is dynamic, with new records
being added and old records being revised as new information is received. Please note that this list cannot
be considered a definitive record of listed species and Federal species of concern, and it should not be
considered a substitute for field surveys.
Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated.
Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur.
However, projects may have effects on downstream aquatic systems in adjacent counties.
COMMON NAME SCIENTIFIC NAME STATUS
HAYWOOD COUNTY
Vertebrates
Southern Appalachian saw-whet owl Aegolius acadicus FSC
Bog turtle Clemmys muhlenbergii T(S/A)'
Olive-sided flycatcher Contopus borealis FSC
Hellbender Cryptobranchus alleganiensis FSC
Cerulean warbler Dendroica cerulea FSC
Eastern cougar Felis concolor couguar Endangered*
Carolina northern flying squirrel Glaucomys sabrinus coloratus Endangered
Bald eagle Haliaeetus leucocephalus Threatened
Southern Appalachian red crossbill Loxia curvirostra FSC
Southern rock vole Microtus chrotorrhinus carolinensis FSC
Southern Appalachian woodrat Neotomo floridana haematoreia FSC
Alleghany woodrat Neotoma magister FSC
Southern Appalachian black-capped Parus atricapillus practicus FSC
chickadee
Southern water shrew Sorex palustris punctulatus FSC
Southern Appalachian yellow-bellied Sphyrapicus varius appalaciensis FSC
sapsucker
Appalachian cottontail Sylvilagus obscurus FSC
Appalachian Bewick's wren Thryomanes bewickii altus FSC
Invertebrates
Appalachian elktoe Alasmidonta raveneliana Endangered
Tawny crescent butterfly Phyciodes batesii maconensis FSC*
Diana fritillary butterfly Speyeria diana FSC
Vascular Plants
December 20, 1999 Page I of 2
COMMON NAME SCIENTIFIC NAME STATUS
Fraser fir Abies fraseri FSC
Piratebush Buckleya disticophylla FSC
Mountain bittercress Cardamine clematitis FSC
Manhart's sedge Carex manhartii FSC
Tall larkspur Delphinium exaltatum FSC*
Glade spurge Euphorbia purpurea FSC
Smoky Mountain manna grass Glyceria nubigena FSC
Small-whorled pogonia Isotria medeoloides Threatened
Butternut Juglans cinerea FSC
Fraser's loosestrife Lysimachia fraseri FSC
Rugel's ragwort Rugelia nudicaulis FSC
Carolina saxifrage Saxifraga caroliniana FSC
Mountain catchfly Silene ovata FSC
Alabama least trillium Trillium pusillum var. I FSC
Nonvascular Plants
Rock gnome lichen Gymnoderma lineare Endangered
A liverwort Plagiochila sharpii FSC
A liverwort Plagiochila sullivantii var. sullivantii FSC
A liverwort Sphenolobopsis pearsonii FSC
KEY:
Status Deflnition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
FSC A Federal species of concern--a species that may or may not be listed in the future (formerly
C2 candidate species or species under consideration for listing for which there is insufficient
information to support listing).
T(S/A) Threatened due to similarity of appearance (e.g., American alligator )--a species that is
threatened due to similarity of appearance with other rare species and is listed for its protection.
These species are not biologically endangered or threatened and are not subject to Section 7
consultation.
Species with 1, 2, 3, or 4 asterisks behind them indicate historic, obscure, or incidental records.
*Historic record - the species was last observed in the county more than 50 years ago.
**Obscure record - the date and/or location of observation is uncertain.
***Incidental/migrant record - the species was observed outside of its normal range or habitat.
****Historic record - obscure and incidental record.
'In the November 4, 1997, Federal Register (55822-55825), the northern population of the bog turtle (from New
York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to
Georgia)was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A)
designation has no effect on land-management activities by private landowners in North Carolina, part of the
southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service
considers the southern population of the bog turtle as a Federal species of concern due to habitat loss.
December 20, 1999 Page 2 of 2