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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
October 7, 2005
Mr. Brian Wrenn
DENR - Div. Of Water Quality/Wetlands
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Mr. Wrenn:
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9A A.
LYNDO
SUBJECT: Federal Finding of No Significant Impact (FONSI) for Franklin, SR 1323
(Riverview Street) and NC 28 (Bryson City Road) Improvements, From SR 1729 (Depot
Street Extension) to SR 1378 (Bennett Road), Macon County, Federal Project Number
STP-28(1), State Project Number 8.1970801, T.I.P. Project Number R-2408
Attached for your information is a copy of the approved FONSI for the subject proposed
highway improvement. This report records the determination that implementing the proposed
action will not have a significant effect upon the quality of the human and natural environment.
Director
Environmental Analysis Branch
GJT/plr
Attachment
MAILING ADDRESS:
INC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH INC 27699-1548
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWW NCDOT.ORG
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH INC
Sincerely,
SR 1323 (Riverview Street) and NC 28 (Bryson City Road) Improvements
From SR 1729 (Depot Street Extension) to SR 1378 (Bennett Road)
Franklin, Macon County
WBS Element 34427. 1.1
Federal Project Number STP-28(l)
State Project Number 8.1970801
TIP Project Number R-2408
ADMINISTRATIVE ACTION
FINDING OF NO SIGNIFICANT IMPACT
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
submitted pursuant to 42 U.S.C. 4332(2)(C)
Cooperating Agency
APPROVED:

Tennessee Valley Authority
Xtd--
VAte G egory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch, NCDOT

Ll /? os (V -W- 5&na,1A
Date /?_, John F. Sullivan III, P. E., Division Administrator
ederal Highway Administration
SR 1323 (Riverview Street) and NC 28 (Bryson City Road) Improvements
From SR 1729 (Depot Street Extension) to SR 1378 (Bennett Road)
Franklin, Macon County
WBS Element 34427. 1.1
Federal Project Number STP-28(1)
State Project Number 8.1970801
TIP Project Number R-2408
FINDING OF NO SIGNIFICANT IMPACT
September 2005
Documentation Prepared in the Project Development and Environmental Analysis Branch by:
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Bryan 15. Kluchar, PE
Project Development Engineer
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Linwood Stone, CPM
Project Engineer
SR 1323 (Riverview Street) and NC 28 (Bryson City Road) Improvements
From SR 1729 (Depot Street Extension) to SR 1378 (Bennett Road)
Franklin, Macon County
WBS Element 34427.1.1
Federal Project Number STP-28(1)
State Project Number 8.1970801
TIP Project Number R-2408
FINDING OF NO SIGNIFICANT IMPACT
September 2005
Documentation Prepared in the Project Development and Environmental Analysis Branch by:
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Bryan 15. Kluchar, PE ".,.F r 4
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Linwood Stone, CPM
Project Engineer
PROJECT COMMITMENTS
SR 1323 (Riverview Street) and NC 28 (Bryson City Road) Improvements
From SR 1729 (Depot Street Extension) to SR 1378 (Bennett Road)
Franklin, Macon County
WBS Element 34427. 1.1
Federal Project Number STP-28(1)
State Project Number 8.1970801
TIP Project Number R-2408
Roadway Design Unit and Division 14
• The proposed action includes 4-foot paved shoulders. The paved shoulder will provide
bicycle accommodations throughout the length of the project.
• Consider reducing cut slope impacts (with shoulder berm gutter, expressway gutter, or
steeper slopes) to minimize relocation impacts.
• Evaluate shifting the alignment westward just south of the SR 1323 and NC 28
intersection to minimize residential impacts.
Proiect Development and Environmental Analysis Branch.
Roadway Design Unit, and Division 14
• The proposed fill on the east side of NC 28 between Stations 117+00 and 119+00 will be
placed without removing the existing topsoil. This section of the project has been
identified as an environmentally sensitive area.
Hydraulics Unit
• A TVA Section 26a permit is required for all proposed obstructions involving streams or
floodplains in the Tennessee River drainage basin. The TVA is a cooperating agency fot
this project.
• Coordinate with the Federal Emergency Management Agency and local authorities in the
final design stage to ensure compliance with applicable floodplain ordinances.
Investigate the feasibility of constructing a bottomless culvert over Rocky Branch. If a
bottomless culvert is not feasible, the traditional culvert will be appropriately sized and
placed.
Finding of No Significant Impact page 1 of 2
September 2005
Roadway Design Unit, Hydraulics Unit, and Roadside Environmental Unit
• The proposed project is located within a critical habitat area for the federally protected
Appalachian elktoe mussel, littlewing pearlymussel, spotfin chub, and the Virginia spirea.
Therefore, NCDOT will implement erosion and sedimentation control measures, as
specified by NCDOT's "Design Standards in Sensitive Watersheds" (15A NCAC
04B.0124). Detailed plans for the placement of appropriate hydraulic drainage structures
will be determined during the final design of the project.
Roadway Design Unit, Roadside Environmental Unit, and Division 14
• To avoid or reduce impacts to the federally protected Indiana Bat, NCDOT will:
1. Leave damaged and dead trees as long as they do not create a safety hazard.
2. Avoid, to the extent practicable, stream degradation by channelization, siltation, or
other pollution to protect macroinvertebrate food sources for bats.
Division 14
• To minimize impacts to the spotfin chub and other listed species, in-stream work and
land disturbance in riparian areas will be conducted, to the extent practicable, between
the months of May through October.
Finding of No Significant Impact page 2 of 2
September 2005
TABLE OF CONTENTS
Page
1. TYPE OF ACTION .............................................................................................................1
H. DESCRIPTION OF PROPOSED ACTION .....................................................:.............1
III. ACTIONS REQUIRED BY OTHER AGENCIES ........................................................2
IV. SUMMARY OF ANTICIPATED BENEFICIAL AND ADVERSE
ENVIRONMENTAL IMPACTS .....................................................................................3
V. CIRCULATION OF THE ENVIRONMENTAL ASSESSMENT ............ ................. 4
VI. COMMENTS RECEIVED ON THE ENVIRONMENTAL ASSESSSMENT..»..... 4
A. Tennessee Valley Authority .........................................................................................4
B. North Carolina Department of Environment and Natural Resources
Division of Water Quality .................................................................................5
C. North Carolina. Wildlife Resources Commission ......................................................... 7
D. North Carolina Department of Crime Control and Public Safety,
Division of Emergency Management ................................................................9
VII. COMMENTS RECEIVED DURING AND
SUBSEQUENT TO THE PUBLIC HEARING ...........................................................9
VIII. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT ....................................10
A. Cumulative Effects .......................................................................................................10
B. Relocation Impacts .......................................................................................................10
C. Environmental Effects ................................................................................................. I 1
1. Federally Protected Species ...............................................................................11
2 Jurisdictional Topics ..........................................................................................14
3. Noise .................................................................................................................15
IX. BASIS FOR FINDING OF NO SIGNIFICANT IMPACT .........................................16
TABLES
Table 1 Summary of Impacts ..........................................................................................3
Table 2 Relocation Impacts ............................................................................................. 11
Table 3 Federally protected species of Macon County ..................................................12
Table 4 Fish Species and Relative Abundance for Iotla Creek and Rocky Branch ....13
Table 5 Summary of Anticipated Impacts to Jurisdictional Surface Waters ..............14
FIGURES
Figure 1 Project Location
Figure 2 Typical Section
APPENDIX
Appendix 1 ......... NCDOT Relocation Report
Appendix 2 ......... Noise Tables
Appendix 3 ......... Comments Received from Federal and State Agencies
Finding of No Significant Impact
Prepared by the
Project Development and Environmental Analysis Branch
of the North Carolina Department of Transportation
In Consultation with the Federal Highway Administration
I. TYPE OF ACTION
This is a Federal Highway Administration (FHWA) Administrative Action, Finding
of No Significant Impact (FONSI). The FHWA has determined this project will not have any
significant impact on the human or natural environment. This FONSI is based on the
Environmental Assessment, which has been independently evaluated by the FHWA and
determined to adequately and accurately discuss the environmental issues and impacts of the
proposed project.
The Environmental Assessment provides sufficient evidence and analysis for
determining that an Environmental Impact Statement is not required. The FHWA takes full
responsibility for the accuracy, scope, and content of the Environmental Assessment.
U. DESCRIPTION OF PROPOSED ACTION
The North Carolina Department of Transportation (NCDOT) proposes to improve
SR 1323 (Riverview Street) and NC 28 (Bryson City Road) from SR 1729 (Depot Street
Extension) to SR 1378 (Bennett Road). The proposed action extends northward from the
Town of Franklin into Macon County and ends approximately 700 feet south of SR 1378.
Figure 1 shows the location of the project. The purpose of this project is to correct existing
roadway deficiencies by improving the vertical and horizontal alignment and widening the
travel lanes and shoulders. The total length of the project is approximately 3.5 miles.
The improvements to SR 1323 (Riverview Street) and NC 28 (Bryson City Road) are
both state and federally funded. Project Number R-2408 is included in NCDOT's latest
approved Transportation Improvement Program (TIP). The project is divided into sections A
and B for right of way acquisition and construction in the 2006-2012 TIP. Section A (state
funded) begins at SR 1729 (Depot Street Extension) and ends near the junction of NC 28.
Section B (federally funded) begins near the junction of NC 28 and ends north of SR 1378
(Bennett Road). Right of way and construction for Section A are scheduled in state fiscal
years 2006 and 2007, respectively. Right of way and construction for Section B are
scheduled for federal fiscal years 2007 and 2009, respectively. The total estimated cost of
the project is $9,456,000 consisting of $5,300,000 for construction and $4,156,000 for right
of way acquisition.
Alternate 3 was selected as the preferred least environmentally. damaging practicable
alternative for the project. Alternate 3 provides the best balance between roadway
improvements and social and environmental impacts throughout the length of the project.
The proposed typical section maintains one 12-foot travel lane in each direction with 8-foot
shoulders. Shoulders include four feet of pavement, which will accommodate bicycles.
During final design, consideration will be given to reducing cut slope impacts (with shoulder
berm gutter, expressway gutter, or steeper slopes) to minimize relocation impacts. The
typical section is shown on Figure 2.
The proposed right of way width varies throughout the length of the project and is
dependent on the terrain, slope of the cut and fill section, and typical section details. The
travel lanes and shoulders require a minimum right of way width of 40 feet. The overall
proposed right of way width is approximately 100 feet. Beyond 100 feet, additional
construction will be included in easements along SR 1323 and NC 28. No control of access
will be used for the proposed improvements along SR 1323 and NC 28.
At-grade intersections will be used throughout the proposed project. All intersections
will remain unsignalized. All intersections will be stop sign controlled. The current speed
limits along SR 1323 and NC 28 will likely be maintained with the proposed improvements.
At the southern terminus of the project, SR 1323 currently has a posted speed limit of
35 miles per hour within the Franklin corporate limits. The speed limit increases to 45 miles
per hour north of Franklin and continues to just north of SR 1321 (Windy Gap Road) on
NC 28. From just north of SR 1321 (Windy Gap Road) to the northern project terminus, the
speed limit increases to 55 miles per hour. The design speed is typically 5 miles per hour
higher than the posted speed limit. No noise barriers or sidewalks are proposed as part of this
project.
III. ACTIONS REQUIRED BY OTHER AGENCIES
Constructing the proposed action will result in impacts to surface waters. In
accordance with Section 404 of the Clean Water Act (33 U.S.C. 1344), an Individual Permit
will be required from the US Army Corps of Engineers. NCDOT will implement erosion and
sedimentation control measures, as specified by NCDOT's "Design Standards in Sensitive
Watersheds" (15A NCAC 04B.0024).
The proposed project will also require a 401 Water Quality General Certification
from the North Carolina Department of Environment and Natural Resources, Division of
Water Quality. Section 401 of the Clean Water Act requires that the state issue or deny water
quality certification for any federally permitted or licensed activity that may result in a
discharge into Waters of the United States. Section 401 Certification allows surface waters
to be temporarily impacted for the duration of the construction or other land manipulation.
The proposed project is located in the Tennessee River Watershed. A permit pursuant
to Section 26a of the TVA Act is required for all obstructions involving streams or
floodplains in the Tennessee River drainage basin.
Existing flood hazards along adjacent properties at all stream crossings will be
evaluated in detail in the final hydraulics design to ensure measures are taken to the extent
practicable to minimize flooding problems to upstream properties and to ensure the proposed
roadway improvements and associated drainage accommodations.will not have an adverse

affect on the existing floodplain area, nor on the associated flood hazards. The NCDOT
Hydraulics Unit will coordinate with the Federal Emergency Management Agency and local
authorities in the final design stage to ensure compliance with applicable floodplain
ordinances.
IV. SUMMARY OF ANTICIPATED BENEFICIAL AND ADVERSE
ENVIRONMENTAL IMPACTS
The proposed action will improve the vertical and horizontal alignment and widen the
travel lanes and shoulders along SR 1323 and NC 28. Table 1 contains a summary of the
quantifiable impacts associated with the project.
. Table 1
Summary of Impacts
Category Units Proposed Action
Length miles 3.5
Residential Relocations total 15
minority 0
Business Relocations total - I
minority 0
Total Relocations total 16
Non-Profit Relocations total 0
Potential Hazardous Mat. Sites each 1
Wetlands acres 0
Stream Impacts linear feet 563
Noise impacted properties
(residence and business 4
Historic Architecture Properties 0
Archaeology Sites No Adverse Effect on 2 sites
Air Quality 1-Hour carbon monoxide (parts per million) Neutral Project
Construction Cost Dollars $5,300,000
Right of Way Cost Dollars $4,156,000
Total Cost Dollars $9,456,000
National Ambient 1-hour Air Quality Standards: 35 ppm
V. CIRCULATION OF THE ENVIRONMENTAL ASSESSMENT
The Environmental Assessment was approved by the Federal Highway
Administration and the North Carolina Department of Transportation in April 2004. The
Environmental Assessment identified three alternates under consideration for the project.
Alternate 3 is the option selected for the proposed action.
The approved Environmental Assessment was circulated to the following federal, state,
and local agencies for review and comment. The TVA commented as a cooperating agency
on a preliminary draft of the Environmental Assessment by letter of March 30, 2004 in
addition to the letter in Appendix 3. An asterisk (*) indicates a written response was
received from the agency. Copies of the correspondence received are included in
Appendix 3.
US Army Corps of Engineers - Asheville
US Army Corps of Engineers - Wilmington
US Fish and Wildlife Service - Asheville
US Environmental Protection Agency - Raleigh
* Tennessee Valley Authority
NC Department of Administration, NC State Clearinghouse
NC Department of Public Instruction
NC Department of Cultural Resources - SHPO
* NC Department of Environment and Natural Resources- Asheville
* Division of Water Quality
* Division of Environmental Health
Division of Soil and Water Conservation
Division of Forest Resources
Division of Land Resources
Division of Parks and Recreation
* NC Wildlife Resources Commission
NC Department of Crime Control and Public Safety
* Division of Emergency Management
Macon County
Town of Franklin
VI. COMMENTS RECEIVED ON THE ENVIRONMENTAL
ASSESSMENT
A. Tennessee Valley Authority
Comment: "Prior to issuance of a TVA permit, the Section 7 consultation issues will need
to be resolved. Please recognize FHWA as the lead agency and TVA as an
action agency in consultations with the U.S. Fish and Wildlife.Service."
Response: Formal Section 7 consultation with the US Fish and Wildlife Service is not
required for the proposed action. The "unresolved" biological conclusions in
the Environmental Assessment are also included in this FONSI. Based on the
site assessments, fisheries surveys, and current project description,
construction of this project is not likely to affect the spotfin chub. In addition,
given the lack of a mussel fauna in the small streams actually crossed by this
project and the current project dimensions, completion of this project is not
likely to adversely affect the Appalachian Elktoe and Littlewing Pearlymussel.
However, the US Fish and Wildlife Service has not concurred with the
Biological Conclusions at this time.
B. North Carolina Department of Environment and Natural Resources - Division of
Water Quality
Comment: "DWQ agrees with the purpose and need for the project. DWQ agrees with
the preferred alternative which includes a combination of Alternates 1 and 2.
DWQ has some concerns associated with controlling storm water from the
expressway gutters proposed for the project. Outlets from the expressway
gutter system should not discharge storm water directly into waters of the
State. We recommend that storm water be directed to discharge into the
adjacent floodplain. In addition, we prefer that appropriate Best Management
Practices (BMPs) be used to provide diffuse flow at nonerosive velocities.
DWQ will work with the DOT to develop and implement flow spreader
devices and other BMPs for this project."
Response: The preliminary design for the proposed action has not been submitted to
NCDOT's Hydraulics Unit for drainage design. NCDOT will implement
erosion and sedimentation control measures, as specified by NCDOT's
"Design Standards in Sensitive Watersheds" (15A NCAC 04B.0124).
Detailed plans for the placement of appropriate hydraulic drainage structures
will be determined during the final design of the project.
Comment: "Table 14 lists 100 feet of impacts to the Ut to Rocky Branch. Figure 2 does
not show a Ut to Rocky Branch in the project area. However, Jacobs Branch
is shown in Figure 2 as a tributary to Rocky Branch. Is Jacobs Branch
considered the Ut to Rocky Branch? Please clarify this issue."
Response: Figure 1 shows the location of Rocky Branch and the associated Uts. Jacobs
Branch is not a Ut to Rocky Branch.
Comment: "In accordance with the Environmental Management Commission's Rules
115A NCAC 2H.0506(b)(6) ), mitigation will be required for impacts of
greater than 150 linear feet to any single perennial stream and for impacts or
1 acre or greater of any wetlands. In the event that mitigation is required, the
mitigation plan should be designed to replace appropriate lost functions and
values. In accordance with the Environmental Management Commission's
Rules 115A NCAC 2H.0506(h)(3)), the NC Ecosystem Enhancement
Program may be available for use as stream mitigation."
Response: Comments noted.
Comment: "After the selection of the preferred alternative and prior to an issuance of the
401 Water Quality Certification, the NCDOT is respectfully reminded that
they will need to demonstrate the avoidance and minimization of impacts to
wetlands (and streams) to the maximum extent practical."
Response: Comments noted.
Comment: "DWQ prefers replacement of bridges with bridges"
Response: There are no bridges within the limits of the proposed action.
Comment: "Any new culverts must be countersunk to allow unimpeded fish and other
aquatic organisms passage through the crossing."
Response: Comments noted.
Comment: "If applicable, DOT should not install the bridge bents in the creek, to the
maximum extent practicable.
Response: There are no bridges -within the limits of the proposed action.
Comment: "If foundation test borings are necessary; it should be noted in the document.
Geotechnical work is approved under General 401 Certification number
39027/Nationwide Permit No. 6 for Survey Activities.
Response: There are no bridges within the limits of the proposed action.
Comment: "Sediment and erosion control measures should not be placed in wetlands.
Response: There are no wetlands impacted within the limits of the proposed action.
Comment: "Borrow/waste areas should avoid wetlands to the maximum extent
practicable. Impacts to wetlands in borrow/waste areas could precipitate
compensatory mitigation"
Response: Comments noted.
Comment: "The 401 Water Quality Certification application will need to specifically
address the proposed methods for storm water management. More
specifically, storm water will not be permitted to discharge directly into the
creek. Instead, storm water should be designed to drain to a properly designed
storm water detention facility/apparatus."
Response: Comments noted.
I
6
?I
Comment: "While the use of National Wetland Inventory (NWI) maps and soil surveys is
a useful office tool, their inherent inaccuracies require that qualified personnel
perform onsite wetland delineations prior to permit approval."
Response: There are no wetlands impacted within the limits of the proposed action based
on qualified personel performing onsite wetland surveys.
C. North Carolina Wildlife Resources Commission
Comment: "The Little Tennessee River is inhabited by a number of state and federally
listed species and NCWRC has designated it as a priority aquatic conservation
area. The river is also designated as critical habitat for the spotfin chub
(Cyprinella monacha), federal and state Threatened (T), by the US Fish and
Wildlife Service. The spotfin chub is expected to use Rocky Branch and Iotla
Creek for fall and winter habitat. In addition to the spotfin chub, other
federally listed species with an "Unresolved" Biological conclusion include
the Appalachian elktoe, (Alasmindonta raveneliana), federal and state
Endangered (E), and the littlewing pearlymussel (Pegias fabula), federal and
state E. The document indicated that additional fish and mussel surveys will
be required; if so, these surveys should include state listed species, as well,
and the results should be provided to NCWRC. A survey has been conducted
for the Indiana bat (Myotis sodalis), federal state E. No federally protected
bat species were found, however, if a state-listed species was found, we
request consultation. We concur with NCDOT's commitments to minimize
impacts to the Indiana bat."
Response: Fish surveys/evaluations were conducted along the project site on August 18,
2004. No spotfin chub were collected from Iotla Creek or Rocky Branch.
Fish species that were collected during the surveys are typical of small,
slightly disturbed mountain streams and are summarized in Table 3 of the
document. Based on the site assessments, fisheries surveys, and current
project description, construction of this project is not likely to affect the
spotfin chub. However, the US Fish and Wildlife Service has not concurred
with the Biological Conclusion at this time.
No mussels of any species were found during the field investigations for this
project. Given the lack of a mussel fauna in the small streams actually
crossed by this project and the current project dimensions, completion of this
project is not likely to adversely affect the Appalachian Elktoe and Littlewing
Pearlymussel. However, the US Fish and Wildlife Service has not concurred
with the Biological Conclusions at this time.,
Comment: `"The document indicated that only Rocky Branch, an unnamed tributary (UT)
to Rocky Branch and an UT to the Little Tennessee River are expected to have
direct impacts from the project. No bridges are involved in the project;
however, a single-barrel box culvert on Rocky Branch is expected to be
replaced with a double-barrel box culvert. Fish passage and stream stability
are important for the spotfin chub and other listed species. NCDOT should
consider a bottomless structure for this site. If a traditional double-barrel box
culvert is used, it should be properly sized hydraulically and so that one
barrel, properly buried, carries the base flow while the other is connected to
the floodplain. Baffles in the base flow barrel may be warranted to ensure fish
passage. NCDOT is committed to sediment and erosion control measures that
adhere to the design standards for sensitive watersheds throughout the project.
Strong well maintained sediment and erosion control measures will be very
important for this project. While we do not propose a moratorium for game
fish for the project at this time, we believe negative impacts to the spotftn
chub and other listed species would be minimized if in-stream work and land
disturbance in riparian areas would be conducted in the months of May
through October."
Response: The NCDOT Hydraulics Unit will investigate the feasibility of constructing a
bottomless culvert on Rocky Branch. If a bottomless culvert is not feasible,
the traditional culvert will be appropriately sized and placed. To the extent
practicable, NCDOT will limit in-stream work and land disturbance in
riparian areas between the months of May through October.
Comment: "Indirect and cumulative impacts are a significant concern for this project.
This project (TIP No. R-2408) together with the completed Depot Street
Extension project (TIP No. U-2929), provide an alternate route to and from
the downtown area, which is expected to alleviate traffic congestion within
downtown Franklin, and may lead to long term growth and development for
the town. Often, commercial growth is stimulated along new routes into or
around a town. The SR 1323 section of the project appears most likely to
experience increased growth and changes in character of neighborhoods along
the corridor. This section lies in close proximity to the Little Tennessee
River. We are pleased that a greenway, Suli Marsh Greenway, lies between
the river and the project along a portion of this section, protecting it from
development and providing wildlife habitat and water quality benefits."
Response: When combined with recent and future transportation improvements in Macon
County and the Town of Franklin, the proposed action should still generate
minimal development pressure within the area. Since the proposed
improvements consist of widening an existing road's lanes by two feet in each
direction through a primarily rural area, with no increase in the traffic carrying
capacity of the roadway, the prospects for altering development patterns
within the area are slim.
Comment: "It is likely, however that additional measures will be necessary to protect the
sensitive species and water quality in the Little Tennessee River and to
preserve the character of the area over the long term. We strongly encourage
local authorities to adopt regulations and measures that would provide
significant protection to the sensitive natural resources in their care.
Numerous studies have shown that when 10-15% of a watershed is converted
to impervious surfaces, there is a serious decline in the health of receiving
waters (Schueler 1994) and the quality of fish habitat and wetlands are
negatively impacted (Booth 1991, Taylor 1993). Measures to mitigate
secondary and cumulative impacts can be found in the Guidance
Memorandum to Address and Mitigate Secondary and Cumulative Impacts to
Aquatic and Terrestrial Wildlife Resources and Water Quality (NCWRC
2002). We also encourage NCDOT and local authorities to use low impact
development techniques to manage stormwater quantity and quality in
developed or developing areas (see www.lowimpactdevelonment.org for
information)"

Response: Comments noted
D. North Carolina Department of Crime Control and Public Safety,
Division of Emergency Management
Comment: "Some portion of the project - within the Town of Franklin and just outside in
Macon County - may cross existing water courses. Often the Floodway has
not been mapped. It will take on the limit of the setbacks required in the
particular jurisdictions Flood Loss Prevention Ordinance. Before the project
begins, the local'determination of any floodways in the project area should be
detemiined."
Response: The following NCDOT Hydraulic Design Unit commitment is included in the
Project Commitment (greensheet) section of the document:
The Hydraulics Unit will coordinate with the Federal Emergency
Management Agency and local authorities in the final design stage to ensure
compliance with applicable floodplain ordinances.
VII. COMMENTS RECEIVED DURING AND SUBSEQUENT TO
THE PUBLIC HEARING
Following the circulation of the Environmental Assessment, an informal Design
Public Hearing was held at the Macon County Community Facilities Building, in Franklin on
November 4, 2004. The Public Hearing was held between the hours of 4:00 p.m. and 7:00
p.m. The Design Public Hearing Map was on display to illustrate the improvements
associated with Alternate 3, the proposed action. Comments received are noted below:
Comment: Several comments were received from property owners near the intersection
of NC 28 and SR 1323 (Riverview Street). Property owners were concerned
about the slope impacts cutting off driveways and removing large portions of
properties. They suggested widening to the opposite side of the road, on
property they own.
Response: During final design, consideration will be given to reducing cut slope impacts
(with shoulder berm gutter, expressway gutter, or steeper slopes) to minimize
relocation impacts. In addition, consideration will be given to shifting the
alignment to the west. This information is included in the Project
Commitments section of this document.
Comment: There was opposition to the intersection design of Windy Gap Road (SR
1321) and Lee Talent Road as presented on the Design Public Hearing Map.
Citizens were concerned about accident potential due to sight distance and the
impacts to a field with poor drainage caused by relocated Lee Talent Road..
Response: Lee Talent Road will be realigned along the Revis /Crisp property line to
minimize impacts.
Comment: Several citizens were concerned about increased noise levels.
Response: No noise barriers are proposed for the project. However, during final design,
steeper cut and fill slopes will be evaluated to reduce loss of natural areas
along the project.
Comment: Several citizens were concerned about tree impacts from the proposed
construction.
Response: During final plans, steeper cut and fill slopes will be evaluated to reduce loss
of natural areas along the project. The Department will work to protect and
re-establish existing vegetation in order to preserve the natural rural character
of the area.
Comment: Citizens suggested constructing an exclusive left-turn lane at the NC 28 and
Iotla Church Road intersection.
Response: NCDOT Congestion Management does not recommend installing an exclusive
left-turn lane at the intersection of NC 28 and Iotla Church Road.
VIII. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT
A. Cumulative Effects
When combined with recent and future transportation improvements in Macon
County and the Town of Franklin, the proposed action should still generate minimal
development pressure within the area. Since the proposed improvements consist of widening
the existing travel lanes by two feet in each direction through a primarily rural area, with no
increase in the traffic carrying capacity of the roadway, the prospects for altering
development patterns within the area are slim.
The proposed project, in conjunction with TIP Project Number U-2929, should
basically serve as a downtown Franklin Bypass, improving the overall safety of NC 28,
reducing truck traffic downtown, and providing an alternative route to and from the
downtown area. Cumulatively, these improvements could have a positive effect on the
economic vitality of downtown by alleviating traffic and reducing trucks in the downtown
area, thereby making it more appealing to tourists and residents.
B. Relocation Impacts
An updated relocation report was prepared for the proposed action. Table 2 compares
the relocation information provided in the Environmental Assessment to the updated
relocation report. The Environmental Assessment identified 10 residences and 4 business
displacees. Based on more detailed plans, the updated relocation report estimates 15
residences displaced and one business. There are no minorities displaced. A copy of the
relocation report is located in Appendix 1.
10
Table 2
Relocation Impacts
Relocations Identified in the
Environmental Assessment Updated Relocation
Information
Owners 6 10
Tenants 4 5
Residences
Total
10
15
Minority 0 0
Total 4 1
Minority 0 0
Businesses Total 4 1
Minorit 0 0
Farms 0 0
Non-Profit Organizations 0 0
C. Environmental Effects
1. Federally Protected Species
The proposed project involves the Little Tennessee River and several
tributaries in Macon County. Named tributaries to the Little Tennessee River in the project
area include Rocky Branch and Iotla Creek as well as unnamed tributaries (UTs). The
federally threatened fish, spotfin chub (Erimonax monacha), and two endangered mussels,
Appalachian elktoe (Alasmidonta raveneliana) and littlewing pearlymussel (Pegias fabula)
are listed by the U.S. Fish and Wildlife Service as occurring in Macon County.
The spotfin chub is a fairly small species that has an elongate body with an
inferior/sub-terminal mouth that has small barbels in the corners. Juveniles and adult females
are olive colored on the back with largely silver sides and white underneath. During the
breeding season, mature males have a brilliant turquoise/royal blue coloring on the back,
head, and along the sides.' Their fins also have blue coloring with white edges during peak
color.
Preferred habitat for spotfin chub consists of wide, moderately large to large
streams (70 to 230 feet average width) which have clear water, good current, and pool/riffle
streambed morphology. This species has been found in a wide range of water temperatures
and substrates, although not from heavily silted sites. Spotfin chub are visual feeders,
selecting individual insect larvae from clean sand, gravel, and rock substrates.
The Appalachian elktoe is a freshwater mussel reaching a length of up to 4
inches. The shell is thin and kidney-shaped. The periostracum (outer shell) of the adult
Appalachian elktoe is dark brown in color, while juveniles have a yellowish-brown color.
Green rays may be prominent or obscure. Known populations of the Appalachian elktoe in
North Carolina are in the Nolichucky River (including its tributaries of the Cane River and
the North Toe River), the Little Tennessee River and its tributaries, and the Pigeon River.
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. The substrate is usually stable, relatively
11
silt-free, coarse sand and gravel associated with cobble, boulders, and/or bedrock. Stability
of the substrate appears to be critical to the Appalachian elktoe.
The littlewing pearlymussel is a small freshwater mussel averaging 1.5 inches
in length. The periostracum (outer shell) is usually eroded, giving the shell a chalky or ashy
white appearance. If the periostracum is present, it is light green or yellowish-brown with
dark rays on the anterior surface that vary in width. The anterior portion of the shell is
evenly rounded and semi-circular. It has well developed but incomplete hinge teeth and the
lateral teeth are either vestigial or completely lacking. The little wing pearly mussel inhabits
small to medium sized streams with low turbidity, cool water, and a high to moderate
gradient. This mussel can be found buried in gravel or beneath boulders and slabrock, lying
on top of the substratum in riffles, partly buried or on the surface of the substratum in the
transition zone between long pools and riffles.
Plants and animals with federal classifications of Endangered (E), Threatened
(T), Proposed Endangered (PE), and Proposed Threatened (PT) are protected under the
provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended.
As of April 2005, the US Fish and Wildlife Service lists seven federally protected species for
Macon County as shown in Table 3.
Table 3
Federally protected species of Macon County
Scientific Name Common Name Federal
Status Biological
Conclusion
Clemm muhlenbe ii Bo turtle T S/A N/A
M Otis sodalis Indiana bat E May Affect
Cyprinella monaeha Spotfin chub T May Affect
Alasmidonta raveneliana Appalachian elktoe E May Affect
Pe ias fabula Little-win earl mussel E May Affect
Isotna medeoloides Small-
whoded o onia T No Effect
S iraea vi iniana r
Vi inia s iraea T No Effect
Endangered (E) - is defined as a taxon that is threatened with extinction throughout all or a significant portion of its range.
Threatened (T) - A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of
it's range"
T(S/A) - "Similarity of Appearance" (a species that is listed as threatened due to similarity of appearance with other rare
species).
a. Survey Location and Methods
Mussel surveys and habitat evaluations were conducted for the project on
June 12, 2001 by NCDOT biologists. Biologists also conducted fish surveys/evaluations
along the project site on August 18, 2004. The primary habitat for the spotfin chub in the
project vicinity is, found in the Little Tennessee River near the NC 28 bridge below Lake
Emory. The Little Tennessee River was not sampled in this area due to its large size and
moderately deep areas and the fact that spotfin chub are known to use the river in the area of
the NC 28 crossing. Iotla Creek empties into the river beside the NC 28 bridge. Spotffn
chub have been documented from Iotla Creek above the project area. A fisheries survey was
conducted on Iotla Creek just above its confluence with the Little Tennessee River. Rocky
12
Branch at the NC 28 crossing has no spotfin chub habitat above the current culvert and is
difficult to access below. The fisheries survey for Rocky Branch was conducted downstream
at the SR 1337 (Riverbend Road) crossing. The largest unnamed tributary (UT) evaluated
was in the SR 1323 (Riverview Street) section of the proposed project. The UT offered little
spotfin habitat due to very shallow water and a high sediment load and was only 3 feet wide.
b. Results and Discussion
Physical water chemistry measurements were fairly typical of small mountain
streams during late summer. No spotfin chub were collected from Iotla Creek or Rocky
Branch. Fish species that were collected during the surveys are typical of small, slightly
disturbed mountain streams and are summarized in Table 4.
Table 4
Fish Species and Relative Abundance for Iotla Creek and Rocky Branch
Species Iotla Creek. Rock Branch.
Central stoneroller, Cam ostoma anomalum Abundant Abundant
River chub, Nocomis micro 0 on Not found Common
Yellowfin shiner, Notro is luti Innis Common Common
W aint shiner, Luxilus cocco ems Abundant Abundant
Tennessee shiner, Notro is leuciodus Common Common
Telescope shiner, Notro is telescn us Not found Common
Blacknose dace, Rhinichth s atratulus Not found Common
Rock bass, Amblo hites ru estris Not found Rare
Northern ho sucker, H entelium ni ricans Common Common
Redhorse, Moxostoma s Rare Not found
Greenfin darter, Etheostoma chlorobranchium Common Rare
Banded darter, Etheostoma zonale Common Not found
Guilt darter, Percina evides Common Not found
Mottled scul in, Cottus bairdi Not found Abundant
The habitat in Iotla Creek was variable and somewhat degraded. Although
there were areas of cobble and gravel, significant areas of sediment deposition were also
observed. Areas of severe bank erosion were noted in the survey segment. Instream habitat
in Rocky Branch was similar but with less bank erosion. The lack of severe bank erosion in
Rocky Branch may have been due to the small stream's lower banks.
Spotfin Chub
Biological Conclusion: Unresolved
As currently outlined, the northern terminus of the project is before the bridge over
the Little Tennessee River. This end point also should not affect Iotla Creek. Rocky Branch
is the only named stream actually crossed by the project and provides only marginal spotfin
habitat below the road crossing. The unnamed tributaries crossed by the project are smaller
than Rocky Branch and have less potential habitat. Based on the site assessments, fisheries
13
surveys, and current project description, construction of this project is not likely to affect the
spotfin chub. However, the US Fish and Wildlife Service has not concurred with the
Biological Conclusion at this time.
Appalachian Elktoe and Littlewing Pearlymussel
Biological Conclusion: Unresolved
No mussels of any species were found during the field investigations for this project.
As stated in the fisheries portion of this memorandum, the project will not directly affect any
streams containing these federally listed mussels. Given the lack of a mussel fauna in the
small streams actually crossed by this project and the current project dimensions, completion
of this project is not likely to adversely affect the Appalachian Elktoe and Littlewing
Pearlymussel. However, the US Fish and Wildlife Service has not concurred with the
Biological Conclusion at this time.
2. Jurisdictional Topics
a. Waters of the United States
Surface waters and wetlands fall under the broad category of "waters
of the United States," as defined in Section 33 of the Code of Federal Register (CFR) Part
328.3. There are no wetland impacts associated with the proposed action. However, the
improvements to SR 1323 and NC 28 will impact jurisdictional surface waters. These
impacts are calculated based on the linear feet of the stream located within the slope-stake
limits or easements of the proposed action. Table 5 compares the surface water impacts
identified in the Environmental Assessment to the updated impacts associated with design
changes.
Table 5
Summary of Anticipated Impacts to Jurisdictional Surface Waters
Surface Water Impacts Identified in the
Environmental Assessment Updated Impacts
Ut to Little Tennessee River 70 linear feet 70 linear feet
Ut to Roc Branch 100 linear feet 0
Roc Branch near Airport Road Y6 305 linear feet 306 linear feet
Roc Branch (Lee Talent Road Y5) 0 90 linear feet
UT2 to Rocky Branch (Windy Gap
Road Y4) 0 97 linear feet
Totals: 475 linear feet 563 linear feet
UT = unnamed tributaries
The surface water impacts to Rocky Branch at Lee Talent Road are
estimated at 90 linear feet. This updated impact is associated with relocating the intersection
of SR 1381 (Lee Talent Road) and NC 28. Figure 1 shows the location of Rocky Branch and
the unnamed tributaries.
14
The UT to the Little Tennessee River is currently transported through
SR 1323 (Riverview Street) by a 48-inch by 72-inch corrugated metal arch pipe. A 8-foot by
7-foot reinforced concrete box culvert is proposed for the crossing.
The updated surface water impact on UT2 to Rocky Branch is
associated with improvements along Windy Gap Road (SR 1321). The UT2 to Rocky
Branch impact is anticipated to be 97 linear feet.
The improvements to NC 28 near Airport Road (SR 1434) require
relocating Rocky Branch. Currently, Rocky Branch is transported through a 6-foot wide by
6-foot high culvert under NC 28. A double barrel 8-foot wide by 8-foot high culvert is
recommended for the crossing. The updated impact to Rocky Branch is anticipated to be
306 linear feet.
b. Permits
The final roadway design of the proposed project will indicate the
quantity of impacts to surface waters. Impacts to waters of the United States come under the
jurisdiction of the USACE and NCDWQ as authorized by the Clean Water Act (CWA).
In accordance with Section 404 of the CWA (33 U.S.C. 1344), a
permit will be required from the USACE for the discharge of dredged or fill material into
waters of the United States. An Individual Permit will likely be necessary, since anticipated
impacts will be greater than thresholds for Nationwide Permits. Final determination of
permit applicability lies with the USACE.
A Section 401 General Water Quality Certification is also required for
any activity that may result in a discharge into waters of the United States or for which a
federal permit or license, is issued. This certification allows surface waters to be temporarily
impacted during construction activities. A Section 401 Certification is required before a
Section 404 Permit can be issued. Section 401 Certifications are administered through the
NCDWQ. A Tennessee Valley Authority Section 26a permit is required for all proposed
obstructions involving streams or floodplains in the Tennessee River drainage basin.
3. Noise
In accordance with NCDOT 2004 Traffic Noise Abatement Policy, the
Federal/State governments are not responsible for providing noise abatement measures for
new development which building permits are issued within the noise impact area of a
proposed highway after the Date of Public Knowledge. The Date of Public Knowledge of
the location of a proposed highway project will be the approval date of CEs, FONSIs, RODS,
or the Design Public Hearing, whichever comes later. For development occurring after this
public knowledge date, local governing bodies are responsible to insure that noise compatible
designs are utilized along the proposed facility. As part of the NCDOT 2004 Traffic Noise
Abatement Policy, updated noise analysis tables are included in Appendix 2.
The number of receptors in each activity category for each section predicted to
become impacted by future traffic noise is shown in Table N5 (Appendix 2). These are noted
in terms of those receptors expected to experience traffic noise impacts by either approaching
15
or exceeding the FHWA NAC or by a substantial increase in exterior noise levels. Under
Title 23 CFR Part 772, 2 residences and 1 business are predicted to be impacted due to
highway traffic noise in the project area by the proposed action. The impacts can be found in
Table N5 (Appendix 2).. The maximum extent of the 72-dBA noise level contour is less than
37.0 feet from the center of the proposed roadway. The maximum extent of the 67-dBA
noise level contour is 62.7 feet from the center of the proposed roadway. Contour
information in Table N5 (Appendix 2) shows this contour information by section. This
information should assist local authorities in exercising land use control over the remaining
undeveloped lands adjacent to the roadway within local jurisdiction. For example, with the
proper information on noise, the local authorities can prevent further development of
incompatible activities and land uses with the predicted noise levels of an adjacent highway.
Table N6 (Appendix 2) exhibits the exterior traffic noise level increases for
the identified receptors by roadway section. There are no substantial noise level impacts
anticipated by the proposed action. The predicted noise level increases for this project range
up to +5 dBA. The amount of substantial noise level impacts for each alternate can be found
in Table N6 (Appendix 2). When real-life noises are heard, it is possible barely to detect
noise level changes of 2-3 dBA. A 5-dBA change is more readily noticeable.
Traffic noise impacts are an unavoidable consequence of transportation
projects especially in areas where there are not traffic noise sources. All traffic noise impacts
were considered for noise mitigation. Based on these preliminary studies, traffic noise
abatement is not recommended, and no noise abatement measures are proposed. This
evaluation completes the highway traffic noise requirements of Title 23 CFR Part 772, and
unless a major project change develops, no additional noise reports will be submitted for this
project.
IX. BASIS FOR FINDING OF NO SIGNIFICANT IMPACT
Based upon a study of the proposed project documented in the Environmental
Assessment and upon comments received from federal, state and local agencies and the
public, it is the finding of the North Carolina Department of Transportation and the Federal
Highway Administration that this project will not have a significant adverse impact upon the
human or natural environment. The project is not controversial from an environmental
standpoint. No significant impacts to natural, ecological, cultural, or scenic resources are
expected. The proposed project is consistent with local plans and will not disrupt any
communities. In view of the above evaluation, it has been determined a Finding of No
Significant Impact is applicable for this project. Therefore, neither an Environmental Impact
Statement nor further environmental analysis will be required.
16
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NORM CAROLINA
DEPAR7MEN7 OF 7RANSPORTATION
PROJEC7 DEVELOPMENT AND
EN@tE®R9fI EN7AL ANALYSIS BRANCH
SR 1323 (RIVERVIEW ST) AND NC 28
IMPROVEMENTS FROM SR 1729
TO SR 1378 (BENNETT RD)
FRANKLIN. MACON COUNTY
TIP PROJECT NO. R-2408
FIGURE I PROJECT LOCATION
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EIS RELOCATION REPORT
® E.I.S. ? CORRIDOR ? DESIGN
North Carolina Department of Transportation
RELOCATION ASSISTANCE PROGRAM
WBS: 34427.1.1 COUNTY Macon Altemate 1 of 1 Altemate
I.D. NO.: R-2408 F.A. PROJECT STP-28 1
DESCRIPTION OF PROJECT: NC 28 from SR 1729 (Depot St. Ext.) to SR 1378 Bennett Rd.

ESTIMATED DISPLACEES INCOME LEVEL
Type of
Displacees
Owners
Tenants
Total
Minorities
0 15M
15.25M
25-35M
35-50M
50 UP
Residential 10 5 15 0 12 3
Businesses 1 VALUE OF DWELLING DSS DWELLING AVAILABLE
Fanns Owners Tenartts For Sale For Rent
Non-Profit 0-20M $0.160 0.20M $ 0450
ANSWER ALL QUESTIONS 2040M 150-250 2040M 150-250
Yes No Explain all 'YES' answers. 40-70M 250400 40-70M 250400
X 1. Will special relocation services be necessary? 70-IMM 400400 70-100M _ 400-600
X 2. Will schools or churches be affected by 100 up 10 600 up 5 too UP 20 800 ur 10
displacement? TOTAL 10 5 20 10
X 3. Will business services still be available REMARKS (Respond b Number
after project?
3. YES, business services available as before
X 4. Will any business be displaced? If so,
indicate size, type, estimated number of
employees, minorities, etc. 4. YES, possible service station
X 5. Will relocation cause a housing shortage? 11. YES, public housing available through HUD
6. Source for available housing (list).
X 7. Will additional housing programs be
needed? 12. YES, several houses available in the area for sale or rent
X 6. Should Last Resort Housing be
considered?
X 9. Are there large, disabled, elderly, etc. 14. YES, several commercial sites available
families?
X 10. Will public housing be needed for project?
X 11. Is public housing available?
X 12. Is it felt there will be adequate DSS housing
housing available during relocation period?
X 13. Will there be a problem of housing within
financial means?
X 14. Are suitable business sites available (list
source).
15. Number months estimated to complete
RELOCATION? 9 ..,41,

p10-1&2004 ut.
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' _1X_d144
A
O
T.L. Greene 10-18-2004
Frankie J. Dills Jr. Date
Right of Way Agent

?r Relocation Coordinator Date
FRM15-E Revised 09-02 Original & 1 Copy. Relocation Coordmalor
TABLE N1
HEARING: SOUNDS BOMBARDING US DAILY
140 Shotgun blast, jet 30m away at takeoff PAIN
Motor test chamber HU MAN EAR PAIN THRESHOLD
130 - -- - -
- --- --
Firecrackers
120 Severe thunder, pneumatic jackhammer
Hockey crowd
Amplified rock music UNCOMFORTABLY LOUD
110-- - - - -- - - ------- - - - - ---- --------
Textile loom
100 Subway train, elevated train, farm tractor
Power lawn mower, newspaper press
Heavy city traffic, noisy factory LOUD
90

D Diesel truck 65 kmph at 15m away
E 80 Crowded restaurant, garbage disposal
C Average factory, vacuum cleaner
I Passenger car 80 kmph at 15m away MODERATELY LOUD

B 70-
E Quiet typewriter
L 60 Singing birds, window air-conditioner
S Quiet automobile
Normal conversation, average office QUIET
- -- ---- -
50 - - ---
Household refrigerator
Quiet office VERY QUIET
40 -- ------------ ---- ----- ------------------- - -
Average home
30 Dripping faucet
Whisper at 1.5m away
20 Light rainfall, rustle of leaves
AVERAGE PERSON'S THRESHOLD OF HEARING
Whisper JUST AUDIBLE

10
0 THRESHOLD FOR ACUTE HEARING
Sources: World Book, Rand McNally Atlas of the Human Body, Encyclopedia
America, "Industrial Noise and Hearing Conversation" by J. B. Olishifski
and E. R. Harford (Researched by N. Jane Hunt and published in the
Chicago Tribune in an illustrated graphic by Tom Heinz.)
TABLE N2
NOISE ABATEMENT CRITERIA
CRITERIA FOR EACH FHWA ACTIVITY CATEGORY
HOURLY A-WEIGHTED SOUND LEVEL - DECIBELS dBA)
Activity
Category Le (h) Description of Activity Cate o
A 57 Lands on which serenity and quiet are of extraordinary significance
(Exterior) and serve an important public need and where the preservation of
those qualities are essential if the area is to continue to serve its
intended purpose.
B 67 Picnic areas, recreation areas, playgrounds, active sports areas,
(Exterior) parks, residences, motels, hotels, schools, churches, libraries, and
hospitals.
C 72 Developed lands, properties, or activities not included in Categories
(Exterior) A or B above.
D Undeveloped lands.
E 52 Residences, motels, hotels, public meeting rooms, schools,
(Interior) churches, libraries, hospitals, and auditoriums.
Source: Title 23 Code of Federal Regulations (CFR) Part 772, U. S. Department of Transportation,
Federal Highway Administration.
CRITERIA FOR SUBSTANTIAL INCREASE
HOURLY A-WEIGHTED SOUND LEVEL - DECIBELS (dBA)
Existing Noise Level increase in dBA from Existing Noise
in Le (h) Levels to Future Noise Levels
<= 50 >= 15
51 >= 14
52 >= 13
53 >= 12
54 >= 11
>= 55 >= 10
Source: North Carolina Department of Transportation Noise Abatement Policy (09/02/04).
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APPENDIX 3
Comments Received from Federal and
State Agencies
V7A
Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, Tennessee 37902-1499
July 15, 2004
Gregory J. Thorpe, Ph.D.
Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
ENVIRONMENTAL ASSESSMENT (EA) - SR 1323 (RIVERVIEW STREET) AND NC 28
(BRYSON CITY ROAD) IMPROVEMENTS FROM SR 1729 (DEPOT STREET
EXTENSION) TO SR 1378 (BENNETT ROAD), MACON COUNTY, NORTH CAROLINA,
WBS ELEMENT 34427.1.1, FEDERAL PROJECT NUMBER STP-28(1), STATE
PROJECT NUMBER 8.1970801, TIP PROJECT NUMBER R-2408
Thank you for the opportunity to review the EA for the proposed improvements to SR
1323 (Riverview Street) and NC 28 between the Little Tennessee River and Franklin. It
appears that the major environmental issues have been addressed.
Prior to the issuance of a TVA permit, the Section 7 consultation issues will need to be
resolved. Please recognize FHWA as the lead. agency and TVA as an action agency in
consultations with U.S. Fish and Wildlife Service.
TVA appreciates the opportunity to serve as a cooperating agency on this project. Upon
completion of the Federal Highway Administration FONSI, please send a copy to me.
Should you have any questions, please contact Harold M. Draper at [phone] or
[e-mail].
Sincerely,
Jon M. Lone , Manager
NEPA Administration
Environmental Policy and Planning
cc: John F. Sullivan III, P.E.
Division Administrator
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601-1418
l \
State of North Carolina Reviewing Office:
NCDENR Department of Environment and Natural Resources
Project Number: ?'t Due Date: 7,-/
INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS
After review of this project it has been determined that the DENR permit(s) and/or approvals indicated may need to be obtained in order for this project
to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional office indicated on the reverse of this form.
All applications, information and guidelines relative to these plans and permits are available from the same Regional Office.
PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process rme'
(StatutoryTime Limit)
? Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction 30d ays
facilities, sewer system extensions & sewer systems contracts. On-site inspection Post-application technical conference usual. (90 days)
not discharging into state surface waters.
I? NPDES-permit to discharge into surface water and/or Application 180 days before begin activity. On-site inspection preappiication
permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater treatment 90-120 days
discharging into state surface waters. facility-granted after NPDES. Reply time, 30 days after receipt of plans or issue (N/A)
of NPDES permit-whichever is later.
? Water Use Permit Preapplication technical conference usually necessary - 30 days
(N/A)
? Well Construction Permit Complete application must be received and permit issued prior to the 7 days
installation of a well. (IS days)
Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. 55 days
On-site inspection. Preapplication conference usual. Filling may require Easement (90 days)
- - to Fill from N.C Department of Administration and Federal Dredge and Fill Permit.
? Permit to construct& opere.e Air Pollution Abatement
facilities and/or Emission Sources as per 15 A NCAC N/A 60 days
(20.0100,2Q.0300,2H.0600)
Any open burning associated with subject proposal
must be in compliance with 15 A NCAC 2D.1900
? Demolition or renovations of structures containing
asbestos material must be in compliance with 60 days
15 A NCAC 2D.1110 (a) (1) which requires notification N/A (90 days)
and removal prior to demolition. Contact Asbestos
Control Group 919-733-0820.
? Complex Source Permit required under 15 A NCAC
`
2D D800 '
The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation 20 days
v control plan will be required if one or more acres to be disturbed. Plan filed with proper Regional Offi e (Land Quality Section) at least 30 (30 days)
days before beginning activity. A fee of $50 for the first acre or any part of an acre. Pf ?--'1

? The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referenced Local Ordinance. 30 ays
? [Sedimentaat'tion and erosion control must be addressed in accordance with NCDOTS approved program. Particular attention should be
given design and installation of appropriate perimeter sediment trapping devices as well as stable stormwater conveyances and outlets.
? Mining Permit On-site inspection usual. Surety bond fled with DENR. Bond amount varies with
type mine and number of acres of affected land. Any are mined greater than 30 days
one acre must be permitted. The appropriate bond must be received before (60 days)
the permit can be issued - '
? North Carolina Burning permit On-site inspection by N.C. Division of Forest Resources if permit exceeds 4 days 1day
(N/A)
? Special Ground Clearance Burning Permit-22 counties On-site inspection by N.C. Division of Forest Resources required 'if more than five 1 day
in coastal N.C.with organic soils. acres of ground clearing activities are involved. inspections should be requested (N/A)
at least ten days before actual burn is planned.'
? Oil Refining Facilities N/A 90 -120 days
(N/A)

PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process T

?
Dam Safety Permit ime
Istatuto Time Clime
If permit required, application 60 days before begin construction. Applicant .
must hire N.C. qualified engineer to: prepare plans, inspect construction, certify
con
struction is according to DENR approved plans. May also require permit under
mosquito control program, and a 404 permit from Corps of Engineers
30 days
An inspection of site is necessary to verify Hazard Classification. A minimum
fee of $200.00 must accompany the a
li
i (60 days)
pp
cat
on. An additional processing fee
based on a percentage or the total project
ill

? cost w
be required upon completion.
Permit to drill exploratory oil or
a
ll
g
s we
File surety bond of 55,000 with DENR running to State of N.C conditional that any
well opened by drill o
e
at
h
1
d

_ p
r
or s
all, upon abandonment, be plugged according
to DENR rules and regulations. (
ays
(N/A)
? Geophysical Exploration Permit
Application filed with DEAR at least 10 days prior to issue of permit Application
by letter. No standard application form. 10 days
_ ?
State Lakes construction Permit (N/q)
Application fees based on structure size is charged. Must include descriptions
& drawings of structure & proof of own
hi
f 15 - 20 days

Q ers
p o
riparian property.
401 Water Quality Certification (NIA)
N/A 55 days

C]
CAMA permit for MAJOR development (1
30 days)
'
5250.00 fee must accompany application 60 days
?
CAMq Permit for MINOR development $50.00 fee must accom
an
a
li (130 days)
p
y
pp
cation 22 days

?
Several geodetic monuments are located in or near the project area
If an
mo (25 days)
.
y
nument needs to be moved or destroyed, please notify:
N.C Geodetic Survey, Box 27687 Raleigh, N.C 27611
? Abandonment of any wells, if required must be in accordance with Title 15A. Subchapter 200100.
? Notification of the proper regional office it requested if'orphan' underground storage tanks (USTS) are discovered during any excavation operation.
? Compliance with 15A NCAC 2H 1000 (Coastal Stormwatec Rules) is required.
45 days

Other comments (artach additional pages as necessary, being certain to cite comment authority) (N/A)

+?yAFCF2ct7y
VIP
REGIONAL OFFICES
Qtions regarding these permits should be addressed to the Regional Office marked below.
Asheville Regional Office ? Mooresville Regional Office ? Wilmington Regional Office
S9 Woodfin Place 919 North Main Street 127 Cardinal Drive Extension
Asheville, N.C. 28801 Mooresville, N.C. 287 15 Wilmington, N.C. 28405
[phone] [phone]
[phone]
? Fayetteville Regional Office ? Raleigh Regional Office
225 11 Winston-Salem Regional Office
! Green Street, Suite 714 3800 Barrett Drive, P.O. Box 27687 585 Waughtown Street
Fayetteville,N.C.28301 Raleigh, N.C. 27611
Winston-Salem, N.C. 27107
[phone] [phone]
[phone]
? Washington Regional Office
943 Washington Square Mall
Washington, N.C.27889
[phone]
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
July 28, 2004
MEMORANDUM
To: Ms. Melba McGee, Environmental Coordinator
NCDENR Office of Legislative & Intergovernmental Affairs
'7 J
From: Brian L. Wrenn, NCDWQ i
Subject:. Environmental Assessment for SR 1323 and NC 28 Improvements in Franklin, Macon
County, Federal Aid Project No. STP-28(1), State Project No. 8.1970801, TIP Project R-
2408. State Clearinghouse Project No. 04-0374.
This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible
for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the
U.S., including wetlands. It is our understanding that the preferred alternative, as presented in the EA.
will result in impacts to jurisdictional strearm. The project will have impacts to streams associated with:

Stream Name River Basin Stream Classification Stream Index Number
Little Tennessee River Little Tennessee River C 2-(1)
Rock Branch Little Tennessee River C 2-26
Iotla Creek Little Tennessee Rivet C 2-27
DWQ offers the following comments on the referenced document:
Proiect Soecifrc Comments
a DWQ agrees with the purpose and need for the project.
• DWQ agrees with the preferred alternative which includes a combination of Alternates I and 2.
DWQ has some concerns associated with controlling storm water from the expressway gutters
proposed for the project. Outlets from the expressway gutter system should not discharge storm
water directly into waters of the State. We recommend that storm water be directed to discharge
into the adjacent floodplain. In addition, we prefer that appropriate Best Management Practices
(BMPs)be used to provide diffuse flow at nonerosive velocities. DWQ will work with the DOT
to develop and implement flow spreader devices and other BMPs for this project.
• Table 14 lists 100 feet of impacts to the Ut to Rocky Branch. Figure 2 does not show a Ut to
Rocky Branch in the project area. However, Jacobs Branch is shown in Figure 2 as a tributary to
Rocky Branch. Is Jacobs Branch considered the Utto Rocky Branch? Please clarify this issue:
401 Transportation Permitting Unit
- -
1650 Mad Service Center, Raleigh, North Carolina 27699.1650 T?TOne L, 1
2321 Crabtree Boulevard, Suite 250, Raleigh. North Carolina 27604 1 ? OrthCarOlina
Phone: [phone]/ FAX [phone] Internet httr?/th2o enr start nc .s/ncwttlands Natura //ff
General Comments
• In accordance with the Environmental Management Commission's Rules { 15A NCAC
2H.0506(b)(6)j, mitigation will be required for impacts of greater than 150 linear feet to any
single perennial stream and for impacts of 1 acre or greater of any wetlands. In the event that
mitigation is required, the mitigation plan should be designed to replace appropriate lost functions
and values. In accordance with the Environmental Management Commission's Rules (15A
•*NCAC 2H.0506 (h)(3) ), the NC Ecosystem Enhancement Program may be available for use as
stream mitigation.
• After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the NCDOT is respectfully reminded that they will need to demonstrate the
avoidance and minimization of impacts to wetlands (and streams) to the maximum extent
practical.
• When practical, the DWQ requests that bridges be replaced on the existing location with road
closure. If a detour proves necessary, remediation measures in accordance with the NCDWQ
requirements for General 401 Certification No. 3366/Nationwide Permit No. 33 (Temporary
Construction, Access and Dewatering) must be followed.
• DWQ prefers replacement of bridges with bridges.
• Any new culverts must be countersunk to allow unimpeded fish and other aquatic organisms
passaga through the crossing.
• If applicable, DOT should not install the bridge bents in the creek, to the maximum extent
practicable.
• If foundation test borings are necessary; it should be noted in the document. Geotechnical work
is approved under General 401 Certification Number 3027/Nationwide Permit No. 6 for Survey
Activities.
• • Sediment and erosion control measures should not be placed in wetlands.
• Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to
wetlands in borrow/waste areas could precipitate compensatory mitigation.
• The 401 Water Quality Certification application will need to specifically address the proposed
methods for storm water management. More specifically, storm water will not be permitted to
discharge directly into the creek. Instead, storm water should be designed to drain to a properly
designed storm water detention facility/apparatus.
• While the use of National Wetland Inventory (NWI) maps and soil surveys is a useful office tool,
their inherent inaccuracies require that qualified personnel perform onsite wetland delineations
prior to permit approval.
The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any
questions or require any additional information, please contact Brian L. Wrenn at 919-733-5715.
cc: Angie Pennock, USACE Asheville Field Office
Marella Buncick, USFWS, Asheville Field Office
Marla Chambers, NCWRC
File Copy

`?ilv3'(IS481AD?B'fC? r
ashewilleRegtonalrD?EPARTMENT OF ENVIRONMENT AND
JUL 15 2004 NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH
Inter-Agency Project Review Response

Project Number
04-03 74
County
Project Name NC DOT & US DOT-Macon Co. Type of Project improvements on SR 1323 (Riverview
Comments provided by:
FK1
Name:
Telephone number:
Program within Division of Environmental Health
Date:
7-9-04
Public Water Supply \\\`15 ?a 1516 j 6
? Other, Name of Program:
uc CI

Response (check all applicable): D
0 ,b
roject as proposed
B No objection to U
s ?A
p
? No comment

? Insufficient information to complete review
? Comments attached
? See comments below

Return to:
Public Water Supply Section
Environmental Review Coordinator
for the
Division of Environmental Health
Regional Program Person
Street) & NC 28 (Bryson City Rd) from
SR 1729 (Depot St Ext) to SR 1378
(Bennett Road) in Franklin
Regional Supervisor for Public Water Supply Section
Central Office program person
Harold Saylor
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH
Project Number
County
Inter-Agency Project Review Response
Project Name
Type of Project
( The applicant should be advised that plans and specifications for all water system
improvements must be approved by the Division of Environmental Health prior to the
award of a contract or the initiation of construction (as required by 15A NCAC 18C
.0300et. seq.). For. information, contact the Public Water Supply Section, (919)
733-2321.
? This project will be classified as a non-community public water supply and must comply
with state and federal drinking water monitoring requirements. For more information the
applicant should contact the Public Water Supply Section, [phone].
? If this project is constructed as proposed, we will recommend closure of _ feet of
adjacent waters to the harvest of shellfish. For information regarding the shellfish
sanitation program, the applicant should contact the Shellfish Sanitation Section at (252)
726.6827.
? The soil disposal area(s) proposed for this project may produce a mosquito breeding
problem. For information concerning appropriate mosquito control measures, the
applicant should contact the Public Health Pest Management Section at [phone].
? The applicant should be advised that prior to the removal or demolition of dilapidated
structures, a extensive rodent control program may be necessary in order to prevent the
migration of the rodents to adjacent areas. For information concerning rodent control,
contact the local health department or the Public Health Pest Management Section at
[phone].
? The applicant should be advised to contact the local health department regarding their
requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et.
sep.). For information concerning septic tank and other on-site waste disposal methods,
contact the On-Site Wastewater Section at [phone].
? The applicant should be advised to contact the local health department regarding the
sanitary facilities required for this project.
03/ If existing water lines will be relocated during the construction, plans for the water line
relocation must be submitted to the Division of Environmental Health, Public Water
Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North
Carolina 27699-1634,[phone].
? For Regional and Central Office comments, see the reverse side of this form.
-7_E? A, 1310
Reviewer Section/Branch Date
SAPws\Angela W\Clearinghouse\Review Response Pgs 1 and 2 for input.doc
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
TO: Melba McGee, Environmental Coordinator
Office of Legislative and Intergovernmental Affairs, DENR
FROM: Marla Chambers, Highway Projects Coordinator ?? /G (IlC?rn? ?-
Habitat Conservation Program, NCWRC
DATE: July 27, 2004
SUBJECT: Review of the Environmental Assessment for improvements to SR 1323
(Riverview Street) and NC 28 (Bryson City Road) from SR 1729 (Depot Street
Extension) to SR 1378 (Bennett Road), Franklin, NC, Macon County, North
Carolina. TIP No.R-2408.
North Carolina Department of Transportation (NCDOT) has submitted for review an
Environmental Assessment document for the subject project. Staff biologists with the North
Carolina Wildlife Resources Commission (NCWRC) have reviewed the information provided
and visited the site on July 14, 2004. These comments are provided in accordance with the
provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
NCDOT proposes to improve SR 1323 (Riverview Street) and NC 28 (Bryson City Road)
from SR 1729 (Depot Street Extension) to SR 1378 (Bennett Road) in Franklin, NC, for a project
length of approximately 3.6 miles. Improvements include providing two 12-foot travel lanes
with 8-foot shoulders (4 foot paved for bicycles) and vertical and horizontal alignment
improvements. No control of access is proposed. The project runs along the Little Tennessee
River (Class C waters) and is within its watershed. Several of its tributaries, including Rocky
Branch and Iotla Creek (both Class C waters), cross the project corridor.
The Little Tennessee River is inhabited by a number of state and federally listed species
and NC WRC has designated it as a priority aquatic conservation area. The river is also
designated as critical habitat for the spotfin chub (Cyprinella monacha), federal and state
Threatened (T), by the US Fish and Wildlife Service. The spotfm chub is expected to use Rocky
Branch and Iotla Creek for fall and winter habitat. In addition to the spotfm chub, other federally
listed species with an "Unresolved" Biological Conclusion include the Appalachian elktoe
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Teleohone: [phone] ext. 231 • Fax: [phone]
SR 1323 & NC 28, Franklin, NC 2 July 27, 2004
Little Tennessee R. drainage, Macon Co.
(Alasmidonta raveneliana), federal and state Endangered (E), and the littlewing pearlymussel
(Pegias Tabula), federal and state E. The document indicated that additional fish and mussel
surveys will be required; if so, these surveys should include state listed species, as well, and the
results should be provided to NCWRC. A survey has been conducted for the Indiana bat (Myotis
sodalis), federal and state E. No federally protected bat species were found, however, if a state-
listed species was found, we request consultation. We concur with NCDOT's commitments to
minimize impacts to the Indiana bat.
The document indicated that only Rocky Branch, an unnamed tributary (UT) to Rocky
Branch and an UT to the Little Tennessee River are expected to have direct impacts from the
project. No bridges are involved in the project; however a single-barrel box culvert on Rocky
Branch is expected to be replaced with a double-barrel box culvert. Fish passage and stream
stability are important for the spotfm chub and other listed species. NCDOT should consider a
bottomless structure for this site. If a traditional double-barrel box culvert is used, it should be
properly sized hydraulically and so that one barrel, properly buried, carries the base flow while
the other is connected to the floodplain. Baffles in the base flow barrel may be warranted to
ensure fish passage. NCDOT is committed to sediment and erosion control measures that
adhere to the design standards for sensitive watersheds throughout the project. Strong well-
maintained sediment and erosion control measures will be very important for this project. While
we do not propose a moratorium for game fish for the project at this time, we believe negative
impacts to the spotfin chub and other listed species would be minimized if in-stream work and
land disturbance in riparian areas would be conducted in the months of May through October.
Indirect and cumulative impacts are a significant concern for this project. This project
(TIP No. R-2408), together with the completed Depot Street Extension project (TIP No. U-
2929), provide an alternate route to and from the downtown area, which is expected to alleviate
traffic congestion within downtown Franklin, and may lead to long term growth and
development for the town. Often, commercial growth is stimulated along new routes into or
around a town. The SR 1323 section of the project appears most likely to experience increased
growth and changes in character of neighborhoods along the corridor. This section lies in close
proximity to the Little Tennessee River. We are pleased that a greenway, Suli Marsh Greenway,
lies between the river and the project along a portion of this section, protecting it from
development and providing wildlife habitat and water quality benefits.
It is likely, however that additional measures will be necessary to protect the sensitive
species and water quality in the Little Tennessee River and to preserve the character of the area
over the long term We strongly encourage local authorities to adopt regulations and measures
that would provide significant protection to the sensitive natural resources in their care.
Numerous studies have shown that when 10-15% of a watershed is converted to impervious
surfaces, there is a serious decline in the health of receiving waters (Schueler 1994) and the
quality of fish habitat and wetlands are negatively impacted (Booth 1991, Taylor 1993).
Measures to mitigate secondary and cumulative impacts can be found in the Guidance
Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and
Terrestrial Wildlife Resources and Water Quality (NCWRC 2002). We also encourage NCDOT
and local authorities to use low impact development techniques to manage stormwater quantity
SR 1323 & NC 28, Franklin, NC 3 July 27, 2004
Little Tennessee R. drainage, Macon Co.
and quality in developed or developing areas (see ?wvw lowimpactdevelopment.org for .
information).
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at [phone].
Literature Cited:
Booth, D. 1991. Urbanization and the natural drainage system-impacts, solutions, and
prognoses. Northwest Environmental Journal. 7(1):93-118.
NCWRC (North Carolina Wildlife Resources Commission). 2002. Guidance Memorandum to
Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial .
Wildlife Resources and Water Quality. NCWRC, Raleigh. Available:
http:Hwww.ncwildlife.org/pg07_WildlifeSpeciesCon/pg7cI_impacts.pdf. (February
2003).
Schueler, Torn. 1994. The Importance of Imperviousness. Watershed Protection Techniques.
1:3 (pp100-111).
Taylor, B.L. 1993. The influences of wetland and watershed morphological characteristics and
relationships to wetland vegetation communities.. Masters thesis. Dept. of Civil
Engineering. University of Washington. Seattle, WA.
cc: Marella Buncick, USFWS
Brian Wrenn, NCDWQ
Sarah, McRae, NCNHP

N ST'??
North Carolina Department of Crime Control and lic Safety,
_ Division of Emergency Management
Floodplain Management Branch
Michael F. Easley, Governor
Bryan E. Beatty, Secretary
Division of Emergency Management
National Flood Insurance Program
STATE NUMBER: 04-E-4220-0374
APPLICANT: NC Dept. of Transportation -.
DESC: Improve SR1323'and NC28 from SR 1729 to SR 1378 extending northward from
Town of Franklin to Macon County.
Some portion of the project = within the Town of Frant:!in ar,d jug' ^utsrle-in flacon
Flood Loss Prevention Ordinance. Before the project begins, the local determination of
any floodways in the project area should be determined.
Any portion of the project that affects a floodway must obtain a "No Impact Certification"
or a "Conditional Letter of Map Revision" (CLOMR), or must comply fully with section
65.7 of 44 CFR. All CLOMR requests must be approved by local officials prior to being
submitted to FEMAI?
Dave Lentzner (.
Division of Emergency Management- NFIP
919-715-8000 extension 351
MAILING ADDRESS:
Disaster Recovery Operations
Center (DROC)
4713 Mail Service Center
Raleigh, NC 27699-4713
Fax: [phone]
www.ncem.org
NC Division of Emergency
Management
OFFICE LOCATION:
1830-B Tillery Place
Raleigh, NC 27604
Telephone: [phone]x351
r
An Equal Opportunity/Affirmative Action Employer
IVA
Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, Tennessee 37902.1499
July 15, 2004
Gregory J. Thorpe, Ph.D.
Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
ENVIRONMENTAL ASSESSMENT (EA) - SR 1323 (RIVERVIEW STREET) AND NC 28
(BRYSON CITY ROAD) IMPROVEMENTS FROM SR 1729 (DEPOT STREET
EXTENSION) TO SR 1378 (BENNETT ROAD), MACON COUNTY, NORTH CAROLINA,
WBS ELEMENT 34427.1.1, FEDERAL PROJECT NUMBER STP-28(1), STATE
PROJECT NUMBER 8.1970801, TIP PROJECT NUMBER R-2408
Thank you for the opportunity to review the EA for the proposed improvements to SR
1323 (Riverview Street) and NC 28 between the Little Tennessee River and Franklin. It
appears that the major environmental issues have been addressed.
Prior to the issuance of a TVA permit, the Section 7 consultation issues will need to be
resolved. Please recognize FHWA as the lead agency and TVA as an action agency in
consultations with U.S. Fish and Wildlife Service.
TVA appreciates the opportunity to serve as a cooperating agency on this project. Upon
completion of the Federal Highway Administration FONSI, please send a copy to me.
Should you have any questions, please contact Harold M. Draper at [phone] or
[e-mail].
Sincerely,
Jon M. Lone , Manager
NEPA Administration
Environmental Policy and Planning
cc: John F. Sullivan III, P.E.
Division Administrator
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601-1418
A State of North Carolina Reviewing Office:
NCDENR Department of Environment and Natural Resources /1 '0
Project Number: - Cl? Vs5?/t,?/ Due Dace: /?_
INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS
After review of this project it has been determined that the DENA permit(s) and/or approvals indicated may need to be obtained in order for this projer
to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional office indicated on the reverse of this for,
All applications, information and guidelines relative to these plans and permits are available from the same Regional Office.
PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process Time
(Statutory Time Limit
? Permit to construct& operate wastewater treatment Application 90 days before begin construction or award of construction

facilities, sewer system extensions & sewer systems
contracts. On-site inspection. Post-application technical conference usual. 30days
(90 days)
not discharging into state surface waters.
? NPOES-permir to discharge into surface water and/or Application 180 days before begin activity. On-site inspection preapplication
permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater treatment 90- 120 days
discharging into state surface waters facility-granted after NPOES. Reply time, 30 days after receipt of plans or issue (N/A)
- of NFOES permit-whichever is later.
? Water Use Permit Preapplication technical conference usually necessary 30 days
(N/A)
? Well Construction Permit Complete application must be received and permit issued prior to the 7 days
installation of a well. (15 days)
Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. 55 days

' On-site inspection. Preapplication conference usual. Filling may require Easement (90 days)
to Fill from N.C. Department of Administrationand Federal Dredge and Fill Permit
? Permit to construct & operate Air Pollution Abatement
facilities and/or Emission Sources as per 15 A NCAC N/A 60 days
(20.0100, 20.0300, 2H.0600)
Any open burning associated with subject proposal
must be in compliance with 15 A NCAC 20.1900
? Demolition or renovations of structures containing
asbestos material must be in compliance with

15 A NCAC 2D.1110 (a) (1) which requires notification
N/A 60 days

and removal prior to demolition. Contact Asbestos (90 days)
Control Group 919-733-0820.
? Complex Source Permit required under 15 A NCAC
-
2DOB00 .
The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentition 20 days
control plan will be required if one or more acres to be disturbed Plan filed with proper Regional Off(sGGa (Land Quality Section) at least 30 (30 days)
days before beginning attivity.Afeeof 550 for the first acre or any part of an acre.Tr
`'. (;i
t% P? -1
,-,
s
.

? The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referenced Loal Ordinance. 30 ays
? Sedimentation and erosion control must be addressed in accordance with NCDOTs approved program. Particular artention should be
given to design and installation of appropriate perimeter sediment trapping devices as well as stable stormwater conveyances and outlets.
? Mining Permit On-site inspection usual. Surety bond filed with DENR. Bond amount varies with
type mine and number of acres of affected land. Any are mined greater than 30 days
one acre must be permitted The appropriate bond must be received before (60 days)
the permit an be issued '
? North Carolina Burning permit On-site inspection by N.C.Division of Forest Resources if permit exceeds4days Iday
'(N/A)
? Special Ground Clearance Burning Permit-22 counties On-site inspection by N.C.Division of Forest Resources required-if more than five 1 day
In coastal N.C. with organic soils. acres of ground clearing activities are involved. Inspections should be requested (N/A)
at least ten days before actual bun is planned.'
? Oil Refining Facilities N/A g0-120 days
(N/A)

Dam safer/ Permit
rCRlYlll)
SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process Time
Permit to drill exploratory oil Or gas well
10 days
(N/A)
? I Geophysical Exploration Permit
? I State Lakes Construction Permit
401 Water Quality Certification
LAMA Permit for MAJOR development
?I CAMA Permit for MINOR development
If permit required, application 60 days before begin construction. Applicant
must hire N.C. qualified engineer to: prepare plans, inspect construction, certify
construction is according to DE NR approved plans. May also require permit under
mosquito control program, and a 404 permit from Corps 0f Engineers.
An inspection of site is necessary to verify Hazard Classification. A minimum
fee of 5200.00 must accompany the application An additional processing fee
based on a percentage or the total project cast will be required upon completion.
File surety bond of 5S.000 with DENR running to State of N.C. conditional that any
well opened by drill operator shall, upon abandonment. be plugged according
to DENR rules and regulations.
Application filed with DENR at least 10 days prior to issue of permit Application
by letter No standard application form.
Application fees based on structure size is charged. Must include descriptions
6 drawings of structure 8 proof of ownership of riparian property.
N/A
$250.00 fee must accompany application
$50.00 fee must accompany application
? I Several geodetic monuments are located in or near the project area. If any monument needs to be moved or destroyed, please notify:
1 NC-Geodetic Survey. Box 27687 Raleigh, N.C. 27611
30 days
(60 days)
10 days
(N/A)
15.20 days
(N/A)
55 days
030 days)
60 days
0 30 days)
21 days
(25 days)
Abandonment of any wells, if required must be in accordance with Title 15A. Subchapter 2C.0100.
L-11 Notification of the proper regional office is requested if *Orphan' underground storage ranks (LISTS) are discovered during any excavation operation.
? Compliance with 15A NCAC 2H 1000 (Coastal 5tormwater.Rules) is required.
45 days
_7 Other comments (attach additional pages as necessary, being certain to cite comment authority) (N/A)

5
REGIONAL OFFICES
F ti0ns regarding these permits should be addressed to the Regional Office marked below.
eville Regional Office ? Mooresville Regional Office
oodfn Place ? Wilmington Regional Office
919 North Main Street 127 Cardinal Drive Extension
Asheville, N.C.28801 Mooresville, N.C.28115
[phone] [phone] Wilmington, N.C.28405
[phone]
? Fayetteville Regional Office ? Raleigh Regional Office Winston-Salem Re .' "
225 Green Street, Suite 714 3800 Barrett Drive, P,O. Box 27687 El 85 Waughtown Streetnal Office
Fayetteville, N.C. 28301 Raleigh,N.C.27611
[phone] Winston-Salem, N.C. 27107
[phone] [phone]
? Washington Regional Office
943 Washington Square Mall
'Washington, N.C.27889
[phone]
11 - 'A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
July 28, 2004
MEMORANDUM
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
To: Ms. Melba McGee, Environmental Coordinator
NCDENR Office of Legislative & Intergovernmental Affairs
J
From: Brian L. Wrenn, NCDWQ i?
Subject: Environmental Assessment for SR 1323 and NC 28 Improvements in Franklin, Macon
County, Federal Aid Project No. STP-28(1), State Project No. 8. 1970801, TIP Project R-
2408. State Clearinghouse Project No. 04-0374.
This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible
for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the
U.S., including wetlands. It is our understanding that the preferred alternative, as presented in the EA,
will :e alt in impacts to jurisdictional streams. The project will have impacts to streams associated with:
Stream Name River Basin Stream Classification Stream Index Number
Little Tennessee River Little Tennessee River C 2-(1)
Rock Branch Little Tennessee River C 2-26 -
Iotla Creek Little Tennessee Rivet C 2-27
DWQ offers the following comments on the referenced document:
Project Soeci{tc Comments
• DWQ agrees with the purpose and need for the project.
• DWQ agrees with the preferred alternative which includes a combination of Alternates 1 and 2.
DWQ has some concerns associated with controlling storm water from the expressway gutters
proposed for the project. Outlets from the expressway gutter system should not discharge storm
water directly into waters of the State. We recommend that storm water be directed to discharge
into the adjacent floodplain. In addition, we prefer that appropriate Best Management Practices
(BMPs)be used to provide diffuse flow at nonerosive velocities. DWQ will work with the DOT
to develop and implement flow spreader devices and other BMPs for this project.
Table 14 lists 100 feet of impacts to the Ut to Rocky Branch. Figure 2 does not show a Ut to
Rocky Branch in the project area. However, Jacobs Branch is shown in Figure 2 as a tributary to
Rocky Branch. Is Jacobs Branch considered the Utto Rocky Branch? Please clarify this issue.
401 Transportation PemtitNtg Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 *TOne t,,
2321 Craotree Boulevard, Suite 250, Raleigh, Ncrth Carotina 27604 1? o1thCarolina
Phone: [phone] FAX [phone] Internet: huo-//h2o.cn' 5[aMnc.us/ncwe:lands ` 1ut-affil
General Comments
• In accordance with the Environmental Management Commission's Rules 115A NCAC
21-1.0506(b)(6)), mitigation will be required for impacts of greater than 150 linear feet to any
single perennial stream and for impacts of 1 acre or greater of any wetlands. In the event that
mitigation is required, the mitigation plan should be designed to replace appropriate lost functions
and values. In accordance with the Environmental Management Commission's Rules (15A
NNCAC 2H.0506 (h)(3) ), the NC Ecosystem Enhancement Program may be available for use as
,,,,stream mitigation.
• After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the NCDOT is respectfully reminded that they will need to demonstrate the
avoidance and minimization of impacts to wetlands (and streams) to the maximum extent
practical.
• When practical, the DWQ requests that bridges be replaced on the existing location with road
closure. If a detour proves necessary, remediation measures in accordance with the NCDWQ
requirements for General 401 Certification No. 3366/Nationwide Permit No. 33 (Temporary
Construction, Access and Dewatering) must be followed.
• DWQ prefers replacement of bridges with bridges.
• Any new culvert s must be countersunk to allow unimpeded fish and other aquatic organisms
passage through the crossing.
• If applicable, DOT should not install the bridge bents in the creek, to the maximum extent
practicable.
• If foundation test borings are necessary; it should be noted in the document. Geotechnical work
is approved under General 401 Certification Number 3027/Nationwide Permit No. 6 for Survey
Activities.
• Sediment and erosion control measures should not be placed in wetlands.
• Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to
wetlands in borrow/waste areas could precipitate compensatory mitigation.
• The 401 Water Quality Certification application will need to specifically address the proposed
methods for storm water management. More specifically, storm water will not be permitted to
discharge directly into the creek. Instead, storm water should be designed to drain to a properly
designed storm water detention facility/apparatus.
• While the use of National Wetland Inventory (NWI) maps and soil surveys is a useful office tool,
their inherent inaccuracies require that qualified personnel perform onsite wetland delineations
prior to permit approval.
The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any
questions or require any additional information, please contact Brian L. Wrenn at 919-733-5715.
cc: Angie Pennock, USACE Asheville Field Office
Marella Buncick, USFWS, Asheville Field Office
Marla Chambers, NCWRC
File Copy

gtvaitlralR??'{c ?r
AshevillsRea+onalrDEPARTMENT OF ENVIRONMENT AND
JUL 15 20 NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH
Inter-Agency Project Review Response
Project Name NC DOT & US DOT-Macon Co.
Comments provided by:
? Regional Program Person
® Regional Supervisor for Public Water Supply Section
Telephone number:
Program within Division of Environmental Health:
El" Public Water Supply
? Central Office program person
Name: Harold Saylor
? Other, Name of Program:
Response (check all applicable):
13No objection to project as proposed
Project Number
County
Type of Project Improvements on SR 1323 (Riverview
Street) & NC 28 (Bryson City Rd) fron
SR 1729 (Depot St Ext) to SR 1378
(Bennett Road) in Franklin
Date:
q ??ED
4
005*
? No comment
? Insufficient information to complete review
? Comments attached
? See comments below

Return to:
Public Water Supply Section
Environmental Review Coordinator
forthe
Division of Environmental Health
7-9-04
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH
Inter-Agency Project Review Response
Project Name
Project Number
County
Type of Project
The applicant should be advised that plans and specifications for all water system
improvements must be approved by the Division of Environmental Health prior to the
award of a contract or the initiation of construction (as required by 15A NCAC 18C
.0300et. seq.). For information, contact the Public Water Supply Section, (919)
733-2321.
? This project will be classified as a non-community public water supply and must comply
with state and federai drinking water monitoring requirements. For more information the
applicant should contact the Public Water Supply Section, [phone].
? If-this project is constructed as proposed, we will recommend closure of _ feet of
adjacent waters to the harvest of shellfish. For information regarding the shellfish
sanitation program, the applicant should contact the Shellfish Sanitation Section at (252)
726-6827.
? The soil disposal area(s) proposed for this project may produce a mosquito breeding
problem. For information concerning appropriate mosquito control measures, the
applicant should contact the Public Health Pest Management Section at [phone].
? The applicant should be advised that prior to the removal or demolition of dilapidated
structures, a extensive rodent control program may be necessary in order to prevent the
migration of the rodents to adjacent areas. For information concerning rodent control,
contact the local health department or the Public Health Pest Management Section at
[phone].
? ' The applicant should be advised to contact the local health department regarding their
requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et.
sep.). For information concerning septic tank and other on-site waste disposal methods,
contact the On-Site Wastewater Section at [phone].
? The applicant should be advised to contact the local health department regarding the
sanitary facilities required for this project.
If existing water lines will be relocated during the construction, plans for the water line
relocation must be submitted to the Division of Environmental Health, Public Water
Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North
Carolina 27699-1634,[phone].
? For Regional and Central Office comments, see the reverse side of this form.
s i?1?/ ?w5 131o
Reviewer Section/Branch Date

SAPws\Angela W\Clearing house\Review Response Pgs 1 and 2 for input.doc
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
TO: Melba McGee, Environmental Coordinator
Office of Legislative and Intergovernmental Affairs, DENR 71 fJ ?
FROM: Marla Chambers, Highway Projects Coordinator 777C CltCLnL61Z D-
Habitat Conservation Program, NCIY?RC
DATE: July 27, 2004
SUBJECT: Review of the Environmental Assessment for improvements to SR 1323
(Riverview Street) and NC 28 (BrysonCity Road) from SR 1729 (Depot Street
Extension) to SR 1378 (Bennett Road), Franklin, NC, Macon.County, North
Carolina. TIP No.R-2408.
North Carolina Department of Transportation (NCDOT) has submitted for review an
Environmehtal Assessment document for the subject project. Staff biologists with the North
Carolina Wildlife Resources Commission (NC WRC) have reviewed the information provided
and visited the site on July 14, 2004. These comments are provided in accordance with the
provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended-, 16 U.S.C. 661-667d).
NCDOT proposes to improve SR 1323 (Riverview Street) and NC 28 (Bryson City Road)
from SR 1729 (Depot Street Extension) to SR 1378 (Bennett Road) in Franklin, NC, for a project
length of approximately 3.6 miles. Improvements include providing two 12-foot travel lanes
with 8-foot shoulders (4 foot paved for bicycles) and vertical and horizontal alignment
improvements. No control of access is proposed. The project rums along the Little Tennessee
River (Class C waters) and is within its watershed. Several of its tributaries, including Rocky
Branch and Iotla Creek (both Class C waters), cross the project corridor.
The Little Tennessee River is inhabited by a number of state and federally listed species
arid NC WRC has designated it as a priority aquatic conservation area. The river is also
designated as critical habitat for the spotfin chub (Cyprinella monacha), federal and state
Threatened (T), by the US Fish and Wildlife Service. The spotfm chub is expected to use Rocky
Branch and Iotla Creek for fall and winter habitat. In addition to the spotfin chub, other federally
listed species with an "Unresolved" Biological Conclusion include the Appalachian elktoe
Mailing Address: Division of Inland Fisheries • 1721 Nlail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 231 • Fax: (919) 7t5-7643
SR 1323 & NC 28, Franklin, NC 2 July 27, 2004
Little Tennessee R. drainage, Macon Co.
(Alasmidonta raveneliana), federal and state Endangered (E), and the littlewing pearlymussel
(Pegias fabula), federal and state E. The document indicated that additional fish and mussel
surveys will be required; if so, these surveys should include state listed species, as well, and the
results should be provided to NCWRC. A survey has been conducted for the Indiana bat (Myotis
sodalis), federal and state E. No federally protected bat species were found, however, if a state-
listed species was found, we request consultation. We concur with NCDOT's commitments to
minimize impacts to the Indiana bat.
The document indicated that only Rocky Branch, an unnamed tributary (UT) to Rocky
Branch and an UT to the Little Tennessee River are expected to have direct impacts from the
project. No bridges are involved in the project; however a single-barrel box culvert on Rocky
Branch is expected to be replaced with a double-barrel box culvert. Fish passage and stream
stability are important for the spotfm chub and other listed species. NCDOT should consider a
bottomless structure for this site. If a traditional double-barrel box culvert is used, it should be
properly sized hydraulically and so that one barrel, properly buried, carries the base flow while
the other is connected to the floodplain. Baffles in the base flow barrel may be warranted to
ensure fish passage. NCDOT is committed to sediment and erosion control measures that
adhere to the design standards for sensitive watersheds throughout the project. Strong well-
maintained sediment and erosion control measures will be very important for this project. While
we do not propose a moratorium for game fish for the project at this time, we believe negative
impacts to the spotfin chub and other listed species would be minimized if in-stream work and
land disturbance in riparian. areas would be conducted in the months of May through October.
Indirect and cumulative impacts are a significant concern for this project. This project
(TIP No. R-2408), together with the completed Depot Street Extension project (TIP No. U-
2929), provide an alternate route to and from the downtown area, which is expected to alleviate
traffic congestion within downtown Franklin, and may lead to long term growth and
development for the town. Often, commercial growth is stimulated along new routes into or
around a town. The SR 1323 section of the project appears most likely to experience increased
growth and changes in character of neighborhoods along the corridor. This section lies in close
proximity to the Little Tennessee River. We are pleased that a greenway, Suli Marsh Greenway,
lies between the river and the project along a portion of this section, protecting it from
development and providing wildlife habitat and water quality benefits.
It is likely, however that additional measures will be necessary to protect the sensitive
species and water quality in the Little Tennessee River and to preserve the character of the area
over the long term We strongly encourage local authorities to adopt regulations and measures
that would provide significant protection to the sensitive natural resources in their care.
Numerous studies have shown that when 10-15% of a watershed is converted to impervious
surfaces, there is a serious decline in the health of receiving waters (Schueler 1994) and the
quality of fish habitat and wetlands are negatively impacted (Booth 1991, Taylor 1993).
Measures to mitigate secondary and cumulative impacts can be found in the Guidance
Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and
Terrestrial Wildlife Resources and Water Quality (NCWRC 2002). We also encourage NCDOT
and local authorities to use low impact development techniques to manage stormwater quantity
SR 1323.& NC 28, Franklin, NC
Little Tennessee R. drainage, Macon Co.
July 27, 2004
and quality in developed or developing areas (see www.lowimpactdevelopment.org for
information).
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at [phone].
Literature Cited:
Booth, D. 1991. Urbanization and the natural drainage system-impacts, solutions, and
prognoses. Northwest Environmental Journal. 7(1):93-118.
NCWRC (North Carolina Wildlife Resources Commission). 2002. Guidance Memorandum to
Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial
Wildlife Resources and Water Quality. NCWRC, Raleigh. Available:
http://www.ncwildlife.or-a/pg07_WildlifeSpeciesCoivpg7c3_impacts.pdf. (February
2003).
Schueler, Tom 1994. The Importance of Imperviousness. Watershed Protection Techniques.
1:3 (pp100-111).
Taylor, B.L. 1993. The influences of wetland and watershed morphological characteristics and
relationships to wetland vegetation communities.. Masters thesis. Dept. of Civil
Engineering. University of Washington. Seattle, WA.
cc: Marella Buncick, USFWS
Brian Wrenn, NCDWQ
Sarah McRae, NCNHP
e
r? 3
s- - S
J?
5?a yy ??
North Carolina Department of Crime Control and T?Plic Safety,/
Division of Emergency Management "i` 6 `
Floodplain Management Branch
Michael F. Easley, Governor Bryan E. Beatty, Secretary

Division of Emergency Management
National Flood Insurance Program
STATE NUMBER: 04-E-4220-0374
APPLICANT: NC Dept. of Transportation
DESC: Improve SR1323 and NC28 from SR1729 to SR1378 extending northward from
Town of Franklin to Macon County.
Some portion of the project = within the Town of Fran*!in all-d JUSI OUiside-in Macon
Flood Loss Prevention Ordinance. Before the project begins, the local determination of
any floodways in the project area should be determined.
Any portion of the project that affects a floodway must obtain a "No Impact Certification"
or a "Conditional Letter, of Map Revision" (CLOMR), or must comply fully with section
65.7 of 44 CFR. All CLOMR requests must be approved by local officials prior to being
submitted to FEMA?
-DaveLentzner t?
Division of Emergency Management- NFIP
919-715-8000 extension 351
MAILING ADDRESS:
Disaster Recovery Operations
Center (DROC)
4713 Mail Service Center
Raleigh, NC 27699-4713
Fax: [phone]
www.ncem.org
NC Division of Emergency
Management
OFFICE LOCATION:
1830-B Tillery Place
Raleigh, NC 27604
Telephone: [phone]x351
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