20071134 Ver 1_Mitigation Plans_20040719

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~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
TO: Jeff Hemphill, Natural Environment Unit
N. C. Department of Transportation
FROM: Marla Chambers, Western NCDOT Permit Coordinator ~~'~` C~~'ml''~-'
Habitat Conservation Program, NCWRC
DATE: July 19, 2007
SUBJECT: Moratoria for the US 19E widening project from I-26 in Madison County to the
existing multilane section west of Spruce Pine in Mitchell County. TIP Nos. R-
2518, R-2519A, and R-2519B.
As requested, this is to provide a list of moratoria recommended for the portion of the US 19 E
widening project from Madison County to Mitchell County, specifically TIP Nos. R-2518, R-
2519A, and R-2519B. These recommendations were originally made in our comment letters and
communications at earlier stages of the project planning process for specific segments of the
project. Recent fish sampling by NCDOT (May 2006 and May 2007) and NCWRC (August
2006) has provided information that allows the appropriate moratoria to be determined for
specific bodies of water. They are provided below for your convenience.
Our comments dated May 23, 2003 and November 21, 2005 for R-2519B and February 24, 2005
for R-2518 and R-2519A, as well as email comments dated February 6, 2007, which referred to
all three project segments, provided moratoria recommendations. A clarification should be noted
regarding the two comment letters for R-2519B; Big Crabtree Creek was erroneously referred to
as Cranberry Creek in both letters. This correction was also announced at a recent Concurrence
meeting (April 17, 2007).
On the western end, we are not requesting a moratorium for Middle Fork Creek or its unnamed
tributaries. An in-water work moratorium from April 1 to June 30 will apply to Cane River and
South Toe River to protect federal and state listed species, including the federally Endangered
Appalachian elktoe (Alasmidonta raveneliana). Smallmouth bass, an important game fish, will
also receive some reproduction protection with this moratorium.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

R-25 ] 8, R-2519 A & B, US 19 E moratoria 2 July 19, 2007
Madison, Yancey, and Mitchell Counties
The remaining perennial streams within the project will need to adhere to a trout moratorium
prohibiting in-stream work and land disturbance within the 25-foot trout buffer from October 15
to April 15 for streams containing brook or brown trout or from January 1 to April 15 for streams
in which the only trout species occurring is rainbow trout. Current data lead us to recommend
the October 15 to April 15 trout moratorium for Big Crabtree Creek and the January 1 to April
15 trout moratorium for California Creek, Bald Creek, Little Crabtree Creek, Prices Creek,
Brushy Creek, and Long Branch. Unnamed tributaries should use the moratorium appropriate
for the named stream they flow to, unless survey data indicate otherwise.
To summarize, we recommend the following work moratoria for waters within the R-2518, R-
2519A, and R-2519B projects:
April 1 to June 30 in-water work moratorium: Cane River and South Toe River
October 15 to April 15 trout moratorium: Big Crabtree Creek
January 1 to April 15 trout moratorium: California Creek, Bald Creek, Little Crabtree
Creek, Prices Creek, Brushy Creek, and Long Branch
We hope this information clarifies the moratoria needed for the subject project segments. These
recommendations are subject to change if new information is presented. If you have any
questions, please contact me at [phone].
cc: David Baker, USACE
Brian Wrenn, NCDWQ
Marella Buncick, USFWS
Christopher Militscher, USEPA

~ North Carolina Wildlife. Resources Commission ~
Richard B. Hamilton, Executive Director
TO: Jeff Hemphill, Natural Environment Unit
N. C. Department of Transportation
FROM: Marla Chambers, Western NCDOT Permit Coordinator ~~'~` C~-a~m~,
Habitat Conservation Program, NCWRC
DATE: June 28, 2007
SUBJECT: Moratoria for the US 19E widening project from I-26 in Madison County to the
existing multilane section west of Spruce Pine in Mitchell County. TIP Nos. R-
2518, R-2519A, and R-2519B.
As requested, this is to provide a list of moratoria recommended for the portion of the US 19 E
widening project from Madison County to Mitchell County, specifically TIP Nos. R-2518, R-
2519A, and R-2519B. These recommendations were originally made in our comment letters and
communications at earlier stages of the project planning process for specific segments of the
project. They are provided below for your convenience.
Our comments dated May 23, 2003 and November 21, 2005 for R-2519B and February 24, 2005
for R-2518 and R-2519A, as well as email comments dated February 6, 2007, which referred to
all three project segments, provided moratoria recommendations. A clarification should be noted
regarding the two comment letters for R-2519B; Big Crabtree Creek was erroneously referred to
as Cranberry Creek in both letters. This correction was also announced at a recent Concurrence
meeting (April 17, 2007).
On the western end, we are not requesting a moratorium for Middle Fork Creek, Bald Creek or
their unnamed tributaries. An in-water work moratorium from April 1 to June 30 will apply to
Cane River and South Toe River to protect federal and state listed species and smallmouth bass
reproduction. The remaining perennial streams, including Big Crabtree Creek, will need to
adhere to a trout moratorium prohibiting in-stream work and land disturbance within the 25-foot
trout buffer from October 15 to April 15, unless it can be demonstrated that the only trout species
inhabiting that stream in the project vicinity is rainbow trout. The rainbow trout moratorium is
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

R-2518, R-2519 A & B, US 19 E moratoria
Madison, Yancey, and Mitchell Counties
June 28, 2007
from January 1 to April 15. It is expected that some of the smaller streams that cross the project
may be rainbow trout streams and, if verified by sampling, can use the shorter trout moratorium.
NCWRC sampled Big Crabtree Creek and Little Crabtree Creek in August 2006. Big Crabtree
had an excellent wild brown trout population. Little Crabtree Creek had a good rainbow trout
fishery and will only need the short trout moratorium (January 1 to April 15).
We hope this information clarifies the moratoria needed for the subject project segments. If you
have any questions, please contact me at [phone].
cc: David Baker, USACE
Brian Wrenn, NCDWQ
Marella Buncick, USFWS
Christopher Militscher, USEPA