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HomeMy WebLinkAbout20081809 Ver 1_Meeting Minutes_20090120STATE OF NORTH CAROLINA AUG Y 20 06 06 DEPARTMENT OF TRANSPORTATI6"z&"SANDsAtER, ry MICHAEL F. EASLEY LYNDO Tipp"" GOVERNOR SECRETARY July 27, 2006 MEMORANDUM TO: File FROM: Beverly Robinson Project Development Engineer Project Development and Environmental Analysis Branch SUBJECT: Merger Team Meeting for TIP Project R-2233A, US 221 Widening from the South Carolina State Line to US 74 Bypass, Rutherford County A NEPA/404 merger team meeting for the subject project was held on May 10, 2006. The following persons were in attendance: Steve Lund US Army Corps of Engineers - Asheville Christopher Militscher US Environmental Protection Agency - Raleigh Kathy Matthews US Environmental Protection Agency- Wetlands Section Marella Buncick US Fish and Wildlife Service John Hennessy Division of Water Quality Amy Simes NCDENR - Liaison for Transportation Marla Chambers NC Wildlife Resources Commission Sarah McBride Cultural Resources - SHPO Jake Riggsbee FHWA Heather Renniger H.W. Lochner, Inc. Gregory Chnsto Isothermal RPO Brian Skeens Division 13 Roger Thomas Roadway Design Sandra Stepney Roadway Design Mike Little Roadway Design Paul Rochester Roadway Design Jay Twisdale Hydraulics Unit Carla Dagnino PDEA/Natural Environment Unit Brett Feulner PDEA/Natural Environmental Unit Zach McNeill PDEA/Natural Environment Unit Gene J. Noderino PDEA/Natural Environment Unit - Mitigation Teresa Hart Project Development and Environmental Analysis Branch Jay McInnis Project Development and Environmental Analysis Branch Andy Hussey Project Development and Environmental Analysis Branch Beverly Robinson Project Development and Environmental Analysis Branch MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET RALEIGH NC 1548 MAIL SERVICE CENTER WESSITE: WWW.DOH.DOT.STATENC.US RALEIGH NC 27699-1548 The purpose of this meeting was to gain concurrence on avoidance and minimization measures (Concurrence Point 4A) for the project. Proiect Status The last merger team meeting was held on February 14, 2006. At that meeting, the team concurred on the Least Environmentally Damaging and Practicable Alternative (LEDPA) (Concurrence Point 3). The project is divided into 5 sections. These five sections were used to evaluate alternatives. Both east-side and west-side widening were considered in each section. In addition, both a 23-foot and 46-foot median were considered within Section 5. At the February meeting, the merger team agreed on the following as the preferred alternative for the proposed project: Section 1: West side widening Section 2: East side widening Section 3: East side widening Section 4: East side widening Section 5: East side widening The entire project will have a 46-foot median divided typical section. Meeting Discussion The following avoidance and minimization measures were made to the project design following the public hearing: M The typical section for the proposed project will involve directional crossovers. This involves providing U-turn bulbs along the proposed project. Several U-turn bulbs were relocated or eliminated to minimize impacts in the project area following the public hearing. In addition, cut sections along the project will allow a saving of 3 feet minimum as a result of ditch front slopes being reduced from 18 feet to 15 feet. The proposed ditch typical section and the original ditch typical section were included in the Concurrence Point 4A handout. Several y-lines along the project were adjusted. These adjustments minimized impacts to the project area. At the last merger meeting, a request was made to evaluate the project for potential wildlife crossing. Following that meeting, accident data for the last six years was reviewed. No areas were found that meet FHWA's definition of "hot spot" for animal collisions. The NCDOT District Office mentioned there have been some deer collisions north of the Broad River, but not enough to warrant a deer crossing sign. r Dwarf-flowered heartleaf site 7 is a North Carolina Heritage Program Registered Heritage Area. Marella Buncick of the US Fish and Wildlife Service suggested trying to avoid this site. Mike Little of the Roadway Design Unit mentioned the slope stakes on the figures do not take into account the headwall for the pipes, therefore, actual impacts may be less. All streams, wetlands and dwarf-flowered heartleaf locations identified within the project limits were discussed at the meeting. As a result of that discussions the following avoidance and minimization efforts will be investigated: ¦ Stream K will be ditched instead of piped, if possible. ¦ Contact property owners at Heartleaf Sites 1 and 5 to discuss possibility for conservation easement. ¦ Extend right of way at Heartleaf Site 2 to eliminate invasives. ¦ Revise slope stakes at Heartleaf Site 6, Stream J and Wetland J if possible once hydraulic design is complete. ¦ Determine if Streams GB and Q upstream are jurisdictional. ¦ Investigate Y-line issues at Wetland Site Q. The suggestion was made to move the y-line further north. This may increase stream impacts but would avoid a wetland and reduce heartleaf impacts. ¦ Determine if 1112: l slopes can be used at Streams GA, GB and G. Site N is a not jurisdictional. There are no impacts associated with Site N There was discussion regarding possible locations along the project for stream relocation. Based on the topography of the project area, there are no locations where stream relocation is feasible. Jay Twisdale of the Hydraulics Unit mentioned a stream which was not called jurisdictional in the Natural Resources Technical Report which goes through a 4x4 culvert. During his preliminary review of this stream it appeared as if it could be relocated, but after further review he did not think relocation was possible. John Hennessy of the Division of Water Quality asked that this site be reviewed further. Mr. Hennessy said he thinks the stream could be relocated. Following the Concurrence Point 4A meeting it was determined that Stream Sites J, G and M are potential sites for mitigation. Chris Militscher, USEPA, requested information regarding locations of 2:1 slopes in the project area be included in the meeting minutes. 2:1 slopes are being used in the vicinity of the following wetlands and streams in the proposed project: Stream L Heartleaf Site 5 Stream O Stream UTI Heartleaf Site 6 Stream GB Stream J Stream GA Wetland J Stream G Heartleaf Site 7 Stream H Stream M Stream F Stream P Heartleaf Site 2 Heartleaf Site 5 Heartleaf Site 210A Stream F Stream D Stream I Stream C The signed concurrence form is attached. If there are any changes or corrections to these minutes please call me at (919) 733-7844 extension 254. Section 404/NEPA Merger Project Team Meeting Agreement Concurrence Pont No. 4A- Avoidance/ Minimization Project No./TIP No./Name/Description: NCDOT Project: 8.1891001, TIP Project: R-2233A, US 221 widening from the South Carolina State Line to US 74 Bypass Minimization The typical section for the proposed project will involve directional crossovers. This involves providing U-turn bulbs along the proposed project. Since the public hearing in September 2005 several U-turn bulbs were relocated or eliminated to minimize impacts in the project area. In addition, cut sections along the project will allow a saving of 3 feet minimum as a result of ditch front slopes being reduced from 18 feet to 15 feet. The proposed ditch typical section and the original ditch typical section are attached. Several y-lines along the project were adjusted. These adjustments minimize impacts to the project area. Additional Avoidance\Minimization Measures The Section 404/NEPA Merger Project Team concurred on the 10'h day of May 2006 with the Avoidance/Minimization measures listed above. U.S. Army Corps of Engineers /S U.S. Environmental Protection Agency U.S. Fish and Wildlife Services N.C. Wildlife Resources Commission N.C. Department of Cultural Resources N.C. Department of Environment and Natural Resources - DWQ Ti'n?lna•nl uinjavrnv A?miaaic+r.?4inn K/A N.C. Department of Transportation ,Cv, 161„rr?m, \O?Or . `19pG - o -c MEMORANDUM October 9, 2006 To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs From: Brian L. Wrenn, Transportation Permitting Unit, NC DWQ Subject: Finding of No Significant Impact for Improvements to US 221 from the South Carolina State Line to US 74 Bypass in Rutherford County, WBS Element 34400.1.1, TIP Project No. R- 2233A, State Clearinghouse No. 07-0083 This office has reviewed the referenced docunwA. 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. The Division of Water Quality offers the following comments: Document Specific Comments: 1. Section V., D. Avoidance and Minimization discusses that Streams GB and Q will be checked for jurisdictional status. Has the jurisdictional status of these streams been verified? DWQ is unaware of any field visits to verify the jurisdictional status of these streams. General Comments: 1. The environmental document should provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping. If mitigation is necessary as required by 15A NCAC 2H.0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. 2. Environmental assessment alternatives should consider design criteria that reduce the impacts to streams and wetlands from storm water runoff. These alternatives should include road designs that allow for treatment of the storm water runoff through best management practices as detailed in the most recent version of NC DWQ Stormwater Best Management Practices, such as grassed swales, buffer areas, preformed scour holes, retention basins; etc. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the Permiee is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practical. In accordance with the Environmental Management Commission's Rules { 15A NCAC 2H.0506(h)), mitigation will be required for impacts of greater than 1 acre to wetlands. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation. Noce Carolina Transportation Permitting Unit d ?'uturalll, 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http:flh2o.enr.state.nc.us/ncwetlands William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper VNIVU%.l 1, LVVV Page 2 of 4 4. In accordance with the Environmental Management Commission's Rules { 15A NCAC 2H.0506(h)), mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available for use as stream mitigation. 5. Future documentation, including the 401 Water Quality Certification Application, should continue to include an itemized listing of the proposed wetland and stream impacts with corresponding mapping. 6. DWQ is very concerned with sediment and erosion impacts that could result from this project. The Permittee should address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factors that would reduce the impacts. 7. An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The type and detail of analysis should conform to the NC Division of Water Quality Policy on the assessment of secondary and cumulative impacts dated April 10, 2004. 8. The Permittee is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact calculations. These impacts, in addition to any construction impacts, temporary or otherwise, also need to be included as part of the 401 Water Quality Certification Application. 9. Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts. However, we realize that economic considerations often require the use of culverts. Please be advised that culverts should be countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality wetlands or streams are impacted, a bridge may prove preferable. When applicable, the Permittee should not install the bridge bents in the creek, to the maximum extent practicable. 10. Sediment and erosion control measures should not be placed in wetlands or streams. 11. Borrow/waste areas should avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow/waste areas will need to be presented in the 401 Water Quality Certification and could precipitate compensatory mitigation. 12. The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management. More specifically, stormwater should not be permitted to discharge directly into streams or surface waters. 13. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an individual permit application to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final permit authorization will require the submittal of a formal application by the Permittee and written concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the maximum extent practical, the development of an vt,wvci 7, wvv Page 3 of 4 acceptable stormwater management plan, and the inclusion of appropriate mitigation plans where appropriate. 14. Bridge supports (bents) should not be placed in the stream when possible. 15. Whenever possible, the DWQ prefers spanning structures. Spanning structures usually do not require work within the stream or grubbing of the streambanks and do not require stream channel realignment. The horizontal and vertical clearances provided by bridges allow for human and wildlife passage beneath the structure, do not block fish passage and do not block navigation by canoeists and boaters. 16. Bridge deck drains should not discharge directly into the stream. Stormwater should be directed across the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of NC DWQ Stormwater Best Management Practices. 17. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 18. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and elevations. Disturbed areas should be seeded or mulched to stabilize the soil and appropriate native woody species should be planted. When using temporary structures the area should be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows the area to re- vegetate naturally and minimizes soil disturbance. 19. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 20. If multiple pipes or barrels are required, they should be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 21. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is approved under General 401 Certification Number 3494/Nationwide Permit No. 6 for Survey Activities. vcLvour Y, /-vvo Page 4 of 4 22. Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design Manual and the most recent version of NCS000250. 23. All work in or adjacent to stream waters should be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures should be used to prevent excavation in flowing water. 24. While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of Wetland Significance (NC-CREWS) maps and soil survey maps are useful tools, their inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. 25. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. 26. Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 27. Riparian vegetation (native trees and shrubs) should be preserved to the maximum extent possible. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require any additional information, please contact Brian Wrenn at 919-733-5715. cc: Steve Lund, US ACE Asheville Regulatory Field Office Marla Chambers, NC WRC Marella Buncick, USFWS Chris Militscher, USEPA Kathy Matthews, USEPA Clarence Coleman, FHWA Mike Parker, Asheville Regional Office, NC DWQ File Copy lLepartill.ellt Ul Ir'Ilvll-U11111c11L allu 1\atul al nGavu, a,ca Office of Legislative and Intergovernmental Affairs Project Review Form Project Number: 07-0083 County: Rutherford Due Date: 10/11/2006 Date Received: 09/07/2006 Project Description: Improvements for US221 from the South Carolina line to US 74 Bypass in Rutherford County: TIN R-2233A This Proiect is beinc reviewed as indicated below: Regional Office Regional Office Area In-House Review Asheville Air Soil & Water Marine Fisheries Fayetteville Water Coastal Management Water Resources Mooresville Groundwater Wildlife Environmental Health Raleigh Solid Waste Mgmt Land Quality Engineer ? Wildlife -DOT Washington Radiation Protection Forest Resources Wilmington Other Winston-Salem Land Resources Parks & Recreation Water Quality T Water Quality - DOT Air Quality Manager Sign-Off/Region: Date: In-House Reviewer/Agency: Response (check all applicable) No objection to project as proposed. No Comment Insufficient information to complete review Other (specify or attach comments) Regional Office Only: Please log into the IBEAM system and update your comments in the DSS (Decision Support System) application, SEPA module. If you have any questions, please contact: Melba McGee, Environmental Coordinator at melba.mcgee@ncmail.net filgk??1'1 8 00 V S'; 7p X06 1 US 221 From the South Carolina State Line to US 74 Bypass Rutherford County WB S Element 34400.1.1 TIP Project R-2233A ADMINISTRATIVE ACTION STATE FINDING OF NO SIGNIFICANT IMPACT N.C. Department of Transportation Division of Highways In Compliance with the North Carolina Environmental Policy Act tiQRT,F{ +4 ? p 0 F OF TR 7 a17 06 Da J. Thorpe, Ph.D. 4egory vironmental Management Director, PDEA US 221 From the South Carolina State Line to US 74 Bypass Rutherford County WBS Element 34400. 1.1 TIP Project R-2233A STATE FINDING OF NO SIGNIFICANT IMPACT ? p v ? o OF TRAMS Document Prepared in the Project Development and Environmental Analysis Branch by: ?4?+aan3aaasgPaaaa a Beverly G. Ro i son 44 -% Project Development Engineer L _ c`wm o ??? ?• O .may ?1a • ? ? ici? •°a•??i9 i ??? •• 1 V ??,' A W1c?N `'??? i •. . ,+ J es A. McInnis, Jr., E. > aaoaiaa,n, Project Engineer 7`4- D6 TABLE OF CONTENTS Page Project Commitments ..................................................................... ..................................................i I. TYPE OF ACTION ............................................................ .................................................1 II. DESCRIPTION OF ACTION ............................................ .................................................1 III. RECOMMENDED ALTERNATIVE ................................ .................................................1 IV. SUMMARY OF ENVIRONMENTAL EFFECTS ............ ................................................. 3 V. COMMENTS AND COORDINATION ................................ ................................................. 3 A. Distribution of Environmental Assessment ......... .....................................3 B. Comments on Environmental Assessment .......... ......................................3 C. Public Hearing .......................................... ............ .......................6 D. Avoidance and Minimization ........................ ......................................7 VI. REVISION TO ENVIRONMENTAL ASSESSMENT .... .....................................7 A. Project Commitments .................................. .....................................7 B. Federal Species of Concern/State Listed Species .. .....................................7 C. Types of Intersection Control/Improvements ....... ..... ..... ......................8 D. Jurisdictional Streams .................................. .....................................8 E. Figure 4A ............................................... ......................................8 VII. BASIS FOR FINDING OF NO SIGNIFICANT IMPACT ......................................8 Figures Figure 1 Vicinity Map Figure 2 Proposed Improvements Figure 3 Proposed Typical Sections Table Table 1- Summary of Environmental Effects ............................................................3 APPENDIX Appendix - Comments Received PROJECT COMMITMENTS US 221 From the South Carolina State Line to US 74 Bypass Rutherford County WBS Element 34400. 1.1 TIP Project R-2233A Geotechnical Unit The proposed project will likely require right of way from 21 potentially contaminated properties. Preliminary site assessments to identify the nature and extent of any contamination will be performed on these sites prior to right of way acquisition. Project Development and Environmental Analysis Branch Additional coordination with the US Fish and Wildlife Service regarding the project's potential effects on the federally-protected dwarf-flowered heartleaf will be conducted prior to construction of the project. Proiect Development and Environmental Analysis Branch - Office of Human Environment An archaeological survey to identify significant archaeological resources will be performed prior to construction activities. State Finding of No Significant Impact R-2233A Page 1 of 1 May 2006 i US 221 From the South Carolina State Line to US 74 Bypass Rutherford County WBS Element 34400.1.1 TIP Project R-2233A 1. TYPE OF ACTION This is a State Finding of No Significant Impact (FONSI). The North Carolina Department of Transportation (NCDOT) has determined this project will not have a significant impact on the human environment. This FONSI is based on a May 27, 2005 State Environmental Assessment (SEA), which has been independently evaluated by NCDOT and determined to adequately and accurately discuss the need, environmental issues, and impacts of the project and appropriate mitigation measures. It provides sufficient evidence and analysis for determining that an Environmental Impact Statement (EIS) is not required. The NCDOT takes full responsibility for the accuracy, scope and content of the State Environmental Assessment. II. DESCRIPTION OF ACTION The purpose of the project is to improve travel time, safety and system linkage along the existing US 221 intrastate corridor between the South Carolina State Line and US 74 Bypass in Rutherford County. The proposed project involves widening US 221 to a multi-lane facility from the South Carolina State Line to the US 74 Bypass in Rutherford County. The project is approximately 10.9 miles long. The proposed project is included in the 2006-2012 North Carolina Transportation Improvement Program (TIP). Right of way acquisition and construction are scheduled for state fiscal years 2007 and 2009, respectively, in the TIP. The current estimated cost for the proposed project is $87,937,500, which includes $60,000,000 for construction and $27,937,500 for right of way acquisition. The cost included in the 2006-2012 TIP is $56,700,000 which includes $5,700,000 for right of way acquisition and $51,000,000 for construction. III. RECOMMENDED ALTERNATIVE In the State EA (SEA), east-side and west-side widening of existing US 221 was studied. The project was divided into five sections in order to evaluate alternatives. Widening both to the east and west side of US 221 were evaluated within each section. A preferred widening scheme was selected for Sections 1, 3 and 4 in the SEA. The SEA proposed widening schemes for Sections 2 and 5 would be determined after the public hearing. At the public hearing, one alternative was shown for Sections 1, 3 and 4. An east side and a west side widening alternative were shown for Section 2. Four alternatives were shown for Alternative 5 to include east or west side widening and a 23 foot or 46 foot median. Following the public hearing, a NEPA\404 merger team meeting was held to gain concurrence from the NEPA/404 merger team on the Least Environmentally.Damaging and Practicable Alternative (LEDPA) for the proposed project. Concurrence was gained on the following alternative: Section 1: West-Side Widening Section 2: East-Side Widening Section 3: East-Side Widening Section 4: East Side Widening Section 5: East-Side Widening The proposed improvements would involve widening existing US 221 to a four- lane 46-foot median divided facility from the South Carolina State Line to SR 1150 (long Branch Road). From Long Branch Road the typical section will taper to a 16-foot median across US 74 Bypass and tie into the existing typical section north of US 74 Bypass interchange. East-side widening was selected for Section 2 to avoid impacts to Riverstone Business Park and a large dwarf-flowered heartleaf population. East- side widening for Section 2 will impact a cemetery and a powerline transmission tower on the east side of US 221. However, the merger team agreed that mitigation costs for wetlands and streams associated with west side widening for Section 2 along with proximity damages associated with Riverstone Business Park would be more expensive than building a retaining wall at the powerline transmission tower. In addition, the costs associated with impacting the cemetery will likely be minimal. East-side widening with a 46-foot median was selected as the preferred alternative for Section 5. Constructing a 46-foot median would provide a consistent typical section throughout the project corridor. In addition, east=side widening would require fewer impacts to streams, homes and businesses. Impacts for the recommended alternative are listed in Section IV below. 2 IV. SUMMARY OF ENVIRONMENTAL EFFECTS Table 1 presents a summary of the anticipated environmental effects for the recommended alternative. TABLE 1 SUMMARY OF ENVIRONMENTAL EFFECTS Residential Relocatees 105 Business Relocatees 20 Wetlands (Acres) 0.1 Streams (Linear Feet) 3,700 Dwarf-flowered Heartleaf (Acres) 0.6 Noise Impacts 37 V. COMMENTS AND COORDINATION A. Distribution of Environmental Assessment The approved EA was circulated to the following federal, state and local agencies for review and comments. Copies of the comments received are included in the Appendix of this document (note: An asterisk indicates those agencies that provided comments on the EA.) US Department of the Army - Corps of Engineers *US Environmental Protection Agency *US Fish and Wildlife Service - Asheville US Geological Survey NC Department of Administration - State Clearinghouse NC Department of Cultural Resources-State Historic Preservation Office NC Department of Environment and Natural Resources-DENR DENR-NC Division of Water Quality *DENR-NC Wildlife Resources Commission Mayor of Rutherfordton Mayor of Spindale Rutherford County Manager B. Comments on Environmental Assessment Substantive comments on the Environmental Assessment are discussed below: US Environmental Protection Agency Comment: Total stream impacts range between 3,343 linear feet and 3,601 linear feet (Tables S 1 and S2). Page iii of the EA indicates that the range is between 3,412 and 3,601 linear feet. There appears to be a typographical error on Pager iii, Summary of Environmental Effects. 3 NCDOT Response: There is a typographical error on page iii, Summary of Environmental Effects. The range of stream impacts is between 3,343 and 3,601 linear feet. Comment: EPA has reviewed Section D, Farmland Impacts on Page 14 of the EA which addresses North Carolina Executive Order 96. The EA states that US 221 crosses several areas with prime farmland soils but, based upon field observations, little land along the existing roadway is used for agricultural. The aerial photographs in Figure 2 would appear to contradict this assessment as there are numerous farms and agricultural fields along the existing US 221 corridor. EPA is requesting that an analysis and assessment be conducted by NCDOT to estimate the potential impact to state-wide important farmlands for the different alternatives and that this information be made available to EPA prior to or at the Concurrence Point 3 merger meeting. NCDOT Response: Figure 6 included in the State Environmental Assessment, along with additional information from the September 13, 2003 Community Impact Assessment Report was presented to EPA at the Concurrence Point 3 merger meeting on February 14, 2006. No additional information is required regarding this issue. Comment: The EA identified between 36 and 40 residential impacted receptors due to highway traffic noise in the project area. Pages 30 and 31 of the EA generally address the NCDOT Noise Abatement Policy but does not specifically reference which policy (e.g., 2004) was applied and which cost threshold was utilized for determining the cost effectiveness of potential noise abatement walls. NCDOT Response: The NCDOT 2004 Traffic Noise Abatement Policy was followed in the analysis conducted for the environmental assessment. Comment: EPA will defer to the US Fish and Wildlife Service (FWS) and other natural resource agencies for specific comments on federally-protected species such as the Indiana bat (Myotis sodalis) and the Dwarf-flowered heartleaf (hexastylis naniflora). However, EPA has noted that Page 18 of the EA references the Acadian flycatcher and the Louisiana waterthrush under Section b., Terrestrial Wildlife. However, on Page 27 of the EA, the Federal Species of Concern (FSC) listed for Rutherford County (Table 15), includes the Cerulean warbler (Dendroica cerulean) but does not include either the FSC Acadian flycatcher or the FSC Louisiana waterthrush. Both FSC are listed for the Appalachian Mountains but not as one of the Piedmont species. EPA requests that NCDOT clarify this issue with the FWS. NCDOT Response: As of April 6, 2006 the US Fish and Wildlife Service's Threatened and Endangered Species list does not list the Louisiana waterthrush or Acadian flycatcher as a Federal Species of Concern for Rutherford County. 4 US Fish and Wildlife Service Comment: We recognize that this project will directly impact individuals of the federally-threatened dwarf-flowered heartleaf (Hexastylis naniflora) and have worked through the merger team in informal consultation to avoid and minimize impacts to the occurrences of this plant along the project corridor. We anticipate entering formal consultation with the US Army Corps of Engineers to complete their Section 7 obligations regarding this project. In addition to impacts to the dwarf-flowered heartleaf, there is a green sheet commitment in the EA that is intended to minimize impacts to the Indiana bat. Although there are hibernation records of the Indiana bat in Rutherford County, we do not believe tree-clearing needs to be limited only to the winter. NCDOT Response: The Project Commitment regarding the Indiana bat has been removed from the list of project commitments. NC Wildlife Resources Commission Comment: Eighteen (page 23) or nineteen (page 19) streams are located in the study area, including the Broad River and Floyd's Creek, all Class C waters. We recommend floodplain culverts, where appropriate, to reconnect floodplains, spread out flood flows, and reduce damage. NCDOT Response: Nineteen streams and two ponds are in the project vicinity. Currently, nineteen streams and one pond are within the project study area. Of the nineteen streams, one stream is not jurisdictional. Floodplain culverts does not appear feasible for this project based on a preliminary assessment. Comment: We request that NCDOT identify areas of habitat fragmentation and investigate the rate of accidents that involve wildlife, such as vehicle collisions with deer. Wildlife crossings should be considered to improve safety for drivers and reconnect wildlife populations that will be further fragmented by the widening project. Floodplain culverts can serve as crossings for smaller wildlife species. NCDOT Response: Accident data does not indicate a concentrated area of wildlife collisions. Based on the accident data and thresholds required to justify wildlife crossings, no wildlife crossing is required along this portion of existing US 221. Comment: NCWRC is concerned about secondary and cumulative impacts in the project area. The SEA indicated the magnitude of induced growth is expected to be low to moderate. The widening project may create opportunities for industrial development and Rutherford County's lack of growth controls and encouragement of development may stimulate development along the roadway. We recommend controlling access to the 5 extent practicable to improve safety, maximize the length of time of acceptable level of service (LOS), and minimize future impacts to aquatic and terrestrial habitats. NCDOT Response: An ICI analysis will be performed and submitted with the application for the Section 404 Water Quality Certification. Access along this project will be controlled to the maximum extent practicable by providing partial control of access (one access per parcel). Full control of access would be impracticable due to the current development along this project. Comment: We encourage NCDOT and local authorities to use low impact development techniques to manage storm water quantity and quality in developed areas. NCDOT Response: NCDOT will follow Best Management Practices for Protection of Surface Waters during design and construction of this project. In addition, a shoulder section rather than curb and gutter is proposed for this project. The grassed shoulders will allow some filtration and absorption of stormwater. C. Public Hearing A combined formal public hearing for the project was held on September 27, 2005 at Chase High School in Rutherford County. Approximately 227 people attended this meeting. The project was divided into five sections in order to evaluate alternatives. Both east-side and west-side widening was considered within each section. The following alternatives were presented at the public hearing: Section 1- West-Side Widening Section 2 - West-Side and East-Side Widening Section 3 - East-Side Widening Section 4 - East-Side Widening Section 5 - West-Side and East-Side Widening Citizens were asked to comment on a preferred alternative for Section 2 and Sections 5. Three comments were received for west side widening for Section 2. The majority of the hearing attendees expressed opposition to utilizing directional crossovers with median U-turns for the project. No full movement at-grade intersections are proposed on this project except at intersections in close proximity to the US 74 Bypass interchange. Opposition to the directional crossovers were due mostly to the fact that this concept is new and had not been used in other parts of the state at the time of the public hearing. 6 D. Avoidance and Minimization (Concurrence Point 4a) An Avoidance and Minimization meeting was held May 10, 2006 to discuss avoidance and minimization measures for the proposed project. The merger team concurred with the following avoidance and minimization measures: The typical section for the proposed project will involve directional crossovers. This involves providing U-turn bulbs along the proposed project. Since the completion of the public hearing in September 2005, several u-turn bulbs were relocated or eliminated to minimize impacts in the project area. In addition, cut section along the project will allow a saving of 3 feet minimum as a result of ditch front slopes being reduced from 18 feet to 15 feet. Several Y-lines along the project were adjusted. The adjustments minimize impacts to the project area. ¦ Ditch Stream K if possible. ¦ Discuss possible conservation easement with landowner at Dwarf-flowered heartleaf Sites 1 and 5. ¦ Extend right of way at Dwarf-flowered heartleaf Site 2 to eliminate invasives. ¦ Slope stakes may be revised at Dwarfed-flowered heartleaf Site 6, Stream J and Wetland J once hydraulic design is completed. ¦ Stream GB and Q will be checked for jurisdictional status. ¦ Investigate possible adjustments to SR 2287 at Wetland site Q to lessen impacts to wetland. ¦ Use 112:1 slopes at Stream sites GB,GA and G if possible. VI. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT A. Project Commitments Page i of the Environmental Assessment, under the Division 13 Construction heading states " In order to minimize potential effects on the Indiana Bat, the cutting of dead trees with exfoliating bark will only be performed during the bat's hibernation period. No dead trees with exfoliating bark will be cut from late March to October." This statement has been removed from the list of project commitments. B. Federal Species of Concern and State Listed Species One Federal Species of Concern (FSC) was added and one species was deleted from the Threatened and Endangered Species list for Rutherford County as of April 6, 2006. The Mountain heartleaf was added to the list and the Diana Fritillary was deleted from the list. 7 The common name for several species changed as of April 6, 2006. The Divided- leaf ragwort was changed to Blue Ridge ragwort and Carolina saxifrage was changed to Gray's saxifrage. The scientific names for these species has not changed. In the EA, the scientific name for the Carolina saxifrage was listed as "saxifraga millefolium". This is a typographical error. The correct scientific name for this species is "saxifrage caroliniana". C. Types of Intersection Control/Improvements The SEA listed several intersections to be realigned or closed as a result of the proposed project. Since the completion of the SEA, the design has been revised and the intersection of SR 2169 with US 221 will not be closed. The intersection of SR 2236 and US 221 will be closed. SR 1113 will be realigned with the proposed project but was omitted from the list of intersections to be realigned. D. Jurisdictional Streams Page 23 of the SEA states "Eighteen jurisdictional streams and one pond are located within the study area." Page 19 however, states "Nineteen streams and two ponds are located with the project study area." Nineteen streams and two ponds are in the project vicinity. Currently, nineteen streams and one pond are within the project study area. Of the nineteen streams, one stream is not jurisdictional. E. Figure 4A Figure 4A in the SEA only presents a 23-foot median facility for Section 5. A 23- foot and a 46-foot median were studied for Section 5. Figure 4A has been revised and presents the recommended cross section for the proposed project. VII. BASIS FOR FINDING OF NO SIGNIFICANT IMPACT Based upon environmental studies and coordination with appropriate state, and local agencies, it is the finding of the North Carolina Department of Transportation that the proposed action will have no significant impact upon the quality of the human environment. Therefore, an environmental impact statement will not be required. Additional information concerning this proposal can be obtained by contacting the following person: Gregory J. Thorpe, Ph. D., Environmental Management Director Project Development and Environmental Analysis Branch NC Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Telephone (919) 733-3141 8 MILES 1 0 1 2 3 1 0 1 2 3 0 5 KILOMETERS NORTH CAROLINA DEPARTMENT t OF TRANSPORTATION G? DIVISION OF HIGHWAYS PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH US 221 SOUTH CAROLINA STATE LINE TO US 74 BYPASS RUTHERFORD COUNTY 116 TIP PROJECT R-22, FIGURE 1 LS. fi ' yhw; Mfe art. st.rya F R jr }t-y yF ` f a ?y i FS r. '{ i + ate' i { a?' # 3 1: s i` ?y 9 y °? A,? e. lYi f 4?'? t *.: (111 ?r?? 2? '-7"'?1• 4A Z x", 4 _ =+E '` tel: t Y`,r Yr t<. ? '8 ?E ` -. I 1 ! +Dr?t t t IV- 31?- W O r q rl ir• e`k w ia. y? y r a tX???n "?$$ ^? f 1 S S'? 3, 4y -f 4ii a J -:',`r? P ?? R`J'R ., ? r •i a ? ! tSx ? ? ?,ra i °` ?ou k-.4, ` ??, - i Q, 0 75re N s< t a Y:r f a A.?ii.? - t a? + - tL t '}s' q1 LL- W W r L a t `.iFit 4 LLl ,. -, x..o .? W W ? Y `.? Yt'?{ ?`?."t?3 t?` ??'? S$ •?? 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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Yw REGION 4 i Q ATLANTA FEDERAL CENTER ?? X02 61 FORSYTH STREET +''4< PRO1161 ATLANTA, GEORGIA 30303-8960 September 20, 2005 Dr. Gregory J. Thorpe, Ph.D. Environmental Manager Director, Project Development and Environmental Analysis Branch N.C. Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 F` ???+VTAL A? ? SUBJ: EPA Review of the State Environmental Assessment for the Widening of US 221 from the South Carolina State Line to US 74 Bypass, Rutherford County, TIP Project R-2233A Dear Dr. Thorpe: Pursuant to Section 309 of the Clean Air Act, the U.S. Environmental Protection Agency (EPA) has reviewed the referenced North Carolina Department of Transportation (NCDOT) Environmental Assessment (EA) for the Widening of US 221 from the South Carolina State Line to the US 74 Bypass in Rutherford County. This proposed 10.9 mile widening project has been in the NEPA/404 Merger process. The primary alternatives remaining under consideration include a four-lane divided facility with center median. EPA has no outstanding issues regarding the project's overall purpose and need and the general widening alternatives carried forward for further study. There are 5 sections to the proposed project (i.e., Sections 1 - 5). Sections 1, 3, and 4 have one remaining build alternative (i.e., West, East and Eastside widening, respectively), Section 2 has both East-side and West-side build alternatives and Section 5 has four build alternatives remaining under consideration including East-side and West-side with either 23-foot or 46-foot median widths. EPA offers the following specific comments on the EA. ? AFFECTED ENVIRONMENT * Wetlands and StreaMS - Total wetland impacts range between 0.10 and 0.13 acres. Total stream impacts range between 3,343 linear feet and 3,601 linear feet (Tables Sl and S2). Page iii of the EA indicates that the range is between 3,412 linear and 3,601 linear feet. There appears to be a typographical error on Page iii, Summary of Environmental Effects. * Prince Azl-icuhural Lands - EPA has reviewed the Section D, Farmland Impacts on Page 14 of Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable rill Hased Inks on Recycled Paper (Minimum 30% Postconsumer) We appreciate the opportunity to comment on this EA. Should you have questions regarding these comments, please feel free to contact Christopher Militscher of my staff at 919- 856-4206. Sincerely, Heinz J. Mueller, Chief NEPA Program Office Office of Policy and Management ?..: :il appreciate the opportunity to provide: these continents. If you have questions about our conuile(lts, Please contact Ms. ivlarella Buncick of our staff at 828/258-3939, Ext. 237. In any iZii:t?r f:C1IT`e517(1I? Tt? li' c(;uiceX.x?.ing (his prO:lGct, please reference our Log Nwnber 4-2-02-5! 1. Sincerely, 1 Brian P. Cole Field Supervisor wj t::l.) Cc: i'rts. Beverly G. Robinson, Project Development and Enviroiunental Analysis Branch, North Carolina Department of Transportation, 1598 Mail Service C enter, Raleigh, NC 2 ,'699-1598 N4.::_ ,Aada l. Chaunbers, Western NCDOT Permit Coordinato.c, North Carolina Wildlife Resc ,i,,es C:cnarnission, 4614 W'ilgrove-Mint Hiil Road, Suite M, Charlotte, NC 2822', y r. Steve Lund, fps 'ncville Regulatoq Field Office, U.S. Army Corps of Engineers, 151. Patton z`ive..nu., Ro4arn. x:08, Asheville, NC. 28801--5005 )-ir. Brian Wreivi, Non-th Carolina Division of Water Quality, Central Office, 2321 Crshisee Blvd., Suite 250, Raleigh, NC 27604 Mr. Chris Militscher, oho Federal Highway Administration, U.S. Environmental Protection Agtncy, Terry S miord FF.&iai Courthouse, 310 New Bern Avenue, Roorn 206, 1i a1eiglh, NC 2' "1 61--J' 1 R-2233A, US 221, SC State Line to US 74 Bypass Broad R. & Floyd's Creek, Rutherford Co. -2- April 27, 2006 collisions with deer. Wildlife crossings should be considered to improve safety for drivers and reconnect wildlife populations that will be further fragmented by the widening project. Floodplain culverts can serve as crossings for smaller wildlife species. NCWRC is concerned about secondary and cumulative impacts in the project area. The document indicated the magnitude of induced growth is expected to be low to moderate. The widening project may create opportunities for industrial development and Rutherford County's lack of growth controls and encouragement of development may stimulate development along the roadway. We recommend controlling access to the extent practicable to improve safety, maximize the length of time of acceptable LOS, and minimize future impacts to aquatic and terrestrial habitats. We also encourage Rutherford County to manage growth and use low impact development techniques (see www.lowimpactdevelopment.org for information) to manage stormwater quantity and quality from development and there should be no net gain in flood stage. 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 (Available at http://www.ncwildlife.org/pg07_WildlifeSpeciesCon/pg7c3_impacts.pdf). Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at (704) 545-3841. cc: Marella Buncick, USFWS Brian Wrenn, NCDWQ Christopher Militscher, USEPA r United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 March 28, 2006 Dr. Gregory J. Thorpe, Director Project Development and Environmental Analysis Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Dr. Thorpe: APR 0, 3 ?Or, DSftS -QUAuTy -""?WTERBR? Subject: Comments on the Environmental Assessment for TIP Project No. R-2233A, Carolina State Line to US 74 Bypass, Improvements to US 221 from the South Rutherford County, North Carolina, WBS Element 34400.1.1 As requested by the North Carolina Department of Transportation (NCDOT), we have review the State Environmental Assessment (EA) for the subject project. The following comments a provided in accordance with the Fish and Wildlife Coordination 1973, alt amended (16 16 U .S.C. 661-667e), and section 7 of the Endangered Species Act of 1531-1543). nort h to The NCDOT is proposing to widen US-221 from the South Carolia state line to the exitshe US 74 adjacent Bypass in Rutherford County, North Carolina. Widening will occur alignment, and no new location sections are proposed. provided comments a1 gnment and de ignwe are members of the Merger Team and have through the Merger Team meetings. Therefore, our comments on the EA are limited primarily to endangered species concerns for the project. We recognize that this project will directly impact worked through the Merger Team in dwarf-flowered heartleaf (Hexastylis naniflora) and have of the informal consultation to avoid and minimize impacts to the occurrences of this plt along project corridor. We anticipate entering formal consultation with the U.S. Army Corps Engineers to complete their section 7 obligations regarding this project. In addition to impacts to the dwarf-flowered heartleaf, there is a green sheet commitment rnation records of the Indiana bat in minimize impacts to the Indiana bat. Although there Rutherford County, we do not believe tree-clearing needs to be limited only to the winter. We appreciate the opportunity to provide these comments. If you have questions about our comments, please contact Ms. Marella Buncick of our staff at 828/258-3939,. Ext. 237. In any future correspondence concerning this project, please reference our Log Number 4-2-02-511. . Sincerely, Brian P. Cole Field Supervisor cc: Ms. Beverly G. Robinson, Project Development and Environmental Analysis Branch, North Carolina Department of Transportation, 1598 Mail Service Center, Raleigh, NC 27699-1598 Ms. Marla J. Chambers, Western NCDOT Permit Coordinator, North Carolina Wildlife Resources Commission, 4614 Wilgrove-Mint Hill Road, Suite M, Charlotte, NC 28227 Mr. Steve Lund, Asheville Regulatory Field Office, U.S. Army Corps of Engineers, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 Mr. Brian Wrenn, North Carolina Division of Water Quality, Central Office, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 Mr. Chris Militscher, c/o Federal Highway Administration, U.S. Environmental Protection Agency, Terry Sanford Federal Courthouse, 310 New Bern Avenue, Room 206, Raleigh, NC 27601 t United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 March 30, 2006 Mr. Vincent J. Rhea Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Mr. Rhea: 4 ? qA C? ,per /?. O Subject: Bridge Replacement No. 120 on SR 1963 over Scaly Bark Creek, Stanly County, North Carolina (TIP No. B-4279) We have reviewed the Natural Resources Technical Report (NRTR) for the subject bridge replacement project and are providing the following comments in accordance with the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the Migratory Bird Treaty Act (16 U.S.C. 703, et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543). Fish and Wildlife Resources - According to the information in the NRTR, the North Carolina Department of Transportation (NCDOT) is considering several alternatives for replacing the existing bridge over Scaly Bark Creek. At least two of those alternatives consider replacing the existing bridge with a culvert. We strongly recommend that the existing bridge be replaced with a bridge, and we request that the National Environmental Policy Act (NEPA) document for this project address an alternative of replacing the.existing bridge with a new one. If an alternative other than the replacement of the existing bridge with a new bridge is chosen (such as replacing the existing bridge with a culvert), we request that the NEPA document include an evaluation as to why an alternative of replacing the existing bridge with a new bridge was not chosen. We recommend that the design of the new bridge include provisions for the roadbed and deck drainage to flow through a vegetated buffer prior to reaching Scaly Bark Creek. This buffer should be large enough to alleviate any potential effects from the runoff of storm water and pollutants. The design of the bridge should not alter the natural stream or the stream-bank morphology or impede fish passage. Any piers or bents should be placed outside the bank-full width of the stream. The bridge and its approaches should be designed to avoid any fill that will result in the damming or constriction of the channel or floodplain. If spanning the floodplain is I not feasible, culverts should be installed in the floodplain portion of the approaches in order to restore some of the hydrological functions of the floodplain and to reduce high velocities of floodwaters within the affected area. Measures to control erosion and sedimentation should be in place prior to any ground-disturbing activities. Wet concrete should never be allowed to come into contact with the stream. Equipment should be inspected daily to ensure that there are no equipment leaks that could enter the stream. Construction material should not enter the water during demolition of the existing bridge and construction of the new bridge. In most cases we prefer that bridges be replaced in place by constructing new bridges through staged construction or by detouring traffic to existing off-site routes. When reseeding/revegetating disturbed areas, we strongly recommend that only native plant species be used or, if an adequate seed source cannot be found, that noninvasive species (such as annual rye) be used until native plants can reestablish themselves. While many of the exotic plant species typically used in erosion-control and reclamation efforts have proven beneficial to some wildlife species, we now know that the invasive nature of these species outweighs any short-term erosion-control or wildlife benefits they may provide. Exotic species, including tall fescue (native to Eurasia), Korean and Sericea lespedeza (eastern Asia species), redtop (a Eurasian species), Sudan grass and Bermuda grass (native to Africa), and Kentucky bluegrass (native to Eurasia and northern Canada), choke out native vegetation and often result in monocultures that prove to be of little benefit to wildlife and can be very detrimental to the ecosystem as a whole. Migratory Birds - The Migratory Bird Treaty Act (16 U.S.C. 703-712) prohibits the taking, killing, possession, transportation, and importation of migratory birds (including the bald eagle), their eggs, parts, and nests, except when specifically authorized by the Department of the Interior. To avoid impacts to migratory birds, we recommend conducting a visual inspection of the bridge and any other migratory bird nesting habitat within the project area during the migratory bird nesting season--March through September. If migratory birds are discovered nesting in the project impact area, including on the existing bridge, the NCDOT should avoid impacting the nests during the migratory bird nesting season (March through September). If birds are discovered nesting on the bridge during years prior to the proposed construction date, the NCDOT, in consultation with us, should develop measures to discourage birds from establishing nests on the bridge by means that will not result in the take of the birds or eggs, or the NCDOT should avoid construction and demolition activities during the nesting period. Federally Listed Species - The information provided states that no suitable habitat exists within the project area for the federally threatened bald eagle (Haliaeetus leucocephalus). We agree that there does not appear to be suitable habitat for the bald eagle within the project area. The information provided states that the North Carolina Natural Heritage Program (NCNHP) database was reviewed for the presence of the federally endangered Schweinitz's sunflower (Helianthus schweinitzii) and that no records were reported within the project vicinity. According to our records, the NCNHP database does list an occurrence of Schweinitz's sunflower approximately 3 miles east of the project area. Using a Stanly County soil survey report, the NRTR concludes that the appropriate soil types for Schweinitz's sunflower are not present within the project area. While it is true that Schweinitz's sunflower is generally found growing on soils derived from mafic rocks, Schweinitz's sunflower can be found on a variety of soil types; therefore, the presence or absence of soil type alone should not be used to determine if this species is present within a project area. The NRTR also states that the historic habitat of a prairie-like environment for Schweinitz's sunflower is not present within the project area. While historic habitat may not be present, Schweinitz's sunflower currently inhabits roadsides, power line clearings, old pastures, woodland openings, and other sunny or semi-sunny situations. This type of disturbed habitat is present within the project area; therefore, we recommend that an on-the-ground survey be conducted for Schweinitz's sunflower during its flowering period of late August through October within all areas of suitable habitat that will be disturbed by the project to ensure that no adverse effects occur to this species. If we can be of assistance or if you have any questions about these comments, please contact Ms. Denise Moldenhauer of our staff at 828/258-3939, Ext. 226. In any future correspondence concerning this project, please reference our Log Number 4-2-06-188. . Sincerely, Brian P. Cole Field Supervisor cc: Ms. Marla J. Chambers, Western NCDOT Permit Coordinator, North Carolina Wildlife Resources Commission, 4614 Wilgrove-Mint Hill Road, Suite M, Charlotte, NC 28227 Mr. Brian Wrenn, North Carolina Division of Water Quality, Central Office, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 Mr. Steve Lund, Asheville Regulatory Field Office, U.S. Army Corps of Engineers, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP C? q DA & BLDG. REF. NO. OR ROOM, LDG. A TION ? NOTE AND IL ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? y ? NOTE AND SEE ME ABOUT THIS FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: r r µ ?Eo? „yam STATE OF NORTH CAROLINA IV" ?lT MqR 1 z w'qr,C& Q? ? sro?M?4 l y DEPARTMENT OF TRANSPORTATION ArERec? MICHAEL F. EASLEY GOVERNOR March 8, 2006 LYNDO TIPPETT SECRETARY MEMORANDUM TO: File FROM: Beverly Robinso't? k!1?` ?J ifL Project Development Engineer Project Development and Environmental Analysis Branch SUBJECT: Merger Team Meeting for TIP Project R-2233A, US 221 Widening from the South Carolina State Line to US 74 Bypass, Rutherford County A NEPA/404 merger team meeting for the subject project was held on February 14, 2006. The following persons were in attendance: Steve Lund Christopher Militscher Marella Buncick Brian Wrenn Marla Chambers Sarah McBride Heather Renniger Gregory Christo Ricky Tipton Roger Thomas Sandra Stepney Mike Little Brian Robinson Paul Rochester Rick DeCola David Chang Paul Atkinson Ed Lewis Carla Dagnino Teresa Hart Jay McInnis Steve Brown Kim Gillespie Beverly Robinson MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 US Army Corps of Engineers - Asheville US Environmental Protection Agency- Raleigh US Fish and Wildlife Service teleconference NC Division of Water.Quality NC Wildlife Resources Commission Cultural Resources - SHPIO H.W. Lochner, Inc. Isothermal RPO Division 13 - teleconference Roadway Design Roadway Design Roadway Design Roadway Design Roadway Design Roadway Design Hydraulics Unit Hydraulics Unit PDEA/Human Environment Unit - PICS PDEA/Natural Environment Unit Project Development and Environmental Analysis Branch Project Development and Environmental Analysis Branch Project Development and Environmental Analysis Branch Project Development and Environmental Analysis Branch Project Development and Environmental Analysis Branch TELEPHONE: 919-733-3141 FAX: 919-733-9794 WEBS/TE. WWW.DOH.DOT.STATE.NC.US LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC The purpose of this meeting was to gain concurrence on the least environmentally damaging and practicable alternative (LEDPA) (Concurrence Point 3) for the project. Proiect Status Concurrence was reached on purpose and need and alternatives to study in detail in August 2002. Concurrence Point 2A (bridging decisions) was reached on December 17, 2003. At this meeting the project was broken into six sections. Following the Concurrence Point 2A meeting, Sections 5 and 6 were combined to form Section 5. East side and west side widening alternatives were studied for all sections along the proposed project. The east side widening alternative was eliminated from the study for Section 1. West side widening was eliminated from the study for Sections 3 and 4. The environmental assessment was approved on May 27, 2005. The public hearing for the proposed project was held September 27, 2005. Meeting Discussion NCDOT recommended the following LEDPA for the project: Section 1: West side widening Section 2: West side widening from the end of Section 1 to north of the Broad River and east- side widening from north of the Broad River to the end of Section 2. Section 3: East side widening Section 4: East side widening Section 5: East side widening The entire project would have a 46-foot median divided typical section. Impacts for NCDOT's recommended alternative are as follows: Section Stream Impacts ft Wetland Impacts (ac) Dwarf-flowered Heartleaf Impacts ac Relocatees Homes Businesses Section 1 224 0.02 0.01 6 2 Section 2 1091 0.025 0.3 5 0 Section 3 1022 0 0 21 6 Section 4 873 0.05 0.07 13 2 Section 5 592 0.04 0 64 10 Total 3802 0.135 0.38 109 20 Chris Militscher of the US EPA had concerns about the impacts for the combined widening alternative for Section 2. The team discussed the challenges with widening all to the east and all to the west. West side widening from the beginning of Section 2 to north of the Broad River was recommended by NCDOT to avoid impacting a powerline transmission tower and a cemetery on the east side of the roadway along this portion of Section 2. East side widening from north of the Broad River to the end of Section 2 was proposed as the recommended alternative by NCDOT to avoid impacts to Riverstone Industrial Park. A large dwarf-flowered heartleaf population would also be impacted with west side widening along this portion of Section 2. Mitigation costs along with possible proximity damages to the industrial park, wetland and stream impacts for the combined widening alternative for Section 2 would be higher than that of all east side widening. Ricky Tipton, NCDOT Division 13, commented that constructing a retaining wall at the powerline transmission tower because of east side widening for this portion of Section 2 is acceptable and may be less expensive than impacting the industrial park. The team decided on east side widening as the preferred alternative for Section 2. The merger team agreed on the following as the preferred alternative for the proposed project. Section 1: West side widening Section 2: East side widening Section 3: East side widening Section 4: East side widening Section 5: East side widening The entire project would have a 46-foot median divided typical section. Impacts for the preferred alternative are presented in the table below: Section Stream Impacts ft Wetland Impacts ac Dwarf-flow red Heartleaf Impacts ac Relocatees Homes Businesses Section 1 224 0.02 0.01 6 2 Section 2 666 0 0.33 1 0 Section 3 1022 0 0 21 6 Section 4 873 0.05 0.07 13 2 Section 5 592 0.04 0 64 10 Total 3377 0.11 0.41 105 20 At the next meeting, information regarding avoidance and minimization for the subject project will be presented to the merger team. Additional information requested by the merger team for the next meeting include the following: Wildlife passage areas Possible floodplain piping areas Possible stream relocations More detailed Dwarf-flowered heartleaf information The signed concurrence form is attached. If there are any changes or corrections to these minutes please call me at (919) 733-7844 extension 254. Section 404\NEPA Merger Project Team Meeting Agreement Concurrence Point No. 3 Selection of the Least Environmentally Damaging and Practicable Alternative (LEDPA) Project Description/TIP No./Project No./WBS Element: NCDOT Project Description: US 221 Widening from the. South Carolina State Line to US 74 Bypass, TIP Project No.: R-2233A, State Project No.: 8.189 WBS Element: 34509.1.1 The Least Environmentally Damaging and Practicable Alternative for the proposed project is: Section 1 West Side Widening Section 2 .<' East Side Widening West Side Widening Section 4 East Side Widening Section 5 r'( East Side Widening West Side Widening Sec 'on 3 East Side Widening The Section 404/NEPA Merger project Team concurred on the 14"' day of February 2006 with the alternates marked with an "x" listed above. U.S. Army Corps of Engineers U.S. Environmental Protection Agency U.S. Fish and Wildlife Services N.C. Wildlife Resources Commission N.C. Department of Cultural Resources N.C. Department of Environment and Natural Resources - DWQ N.C. Department of Transportation sip t4j' US 221 From the South Carolina State Line to US 74 Bypass Rutherford County WBS Element 34400. 1.1 TIP Project R-2233A STATE ENVIRONMENTAL ASSESSMENT ?° Document Prepared in the Project Development and Environmental Analysis Branch by: (J CAR0 Beverly G. binson - ?!? ESSIQ Project Development Engineer 1 SE Al Z 7Q?y ! 4Jes A. McInnis, Jr., P. E. Project Development Unit Head s/?7 05 NORTH ?, US 221 From the South Carolina State Line to US 74 Bypass Rutherford County WBS Element 34400.1.1 TIP Project R-2233A ADMINISTRATIVE ACTION STATE ENVIRONMENTAL ASSESSMENT N.C. Department of Transportation - Division of Highways In Compliance with the North ma Environmental Policy Act ?tORTy cq? '?? Qom M'OF .SANS L??b5- ' iLC4? - - Date Gregory J. Thorpe, Ph.D. e environmental Management Director, PDEA TABLE OF CONTENTS Project Commi Page tments .................................................. ........................................................ SUMMARY .......................................................... '.. 1. Type of Action ......................... .. .............................. 2. Additional Information ..................... ....................................................... ii 3. Project Purpose/Description of Proposed Action ................................................. 4. Needs to be Addressed by Project ................ ??•'•••••••"••• rr ................................................................. iii 5. Summary of Environmental Effects ................................................... .. ................................... iii 6. Permits Required ............................ ... 7. Alternatives Considered .................................................. 8. Coordination ........................ iv I. DESCRIPTION OF THE PROPOSED ACTION .......................... A. General Description ...................................... ............................................1 B. Cost Estimates ....................... 1 ......................................................... .. ................................... II. PURPOSE AND NEED FOR PROJECT .............................................. A. Project Purpose ......................................... ...1 ........................................................................ ................................... B. Traffic Volumes ............................. ..................................................1 C. Traffic Carrying Capacity .................................................................................. D. Accident Analysis """"""""' 2 M. DESCRIPTION OF EXISTING FACILITY ............................. ... .................. 2 ............................................................... A. Functional Classification ................................................................... B. Existing Typical Section ......................................... ........................................................ 2 ...... C. Existing Right of Way/Access Control ................................................................................. 2 D. Speed Limit ....................... ............... 2 ..................................................................................... E. Intersecting Roads and Types of Control .............................................................................. 3 F. Railroad Crossings .......................................... ................... 3 .................................................... G. Structures .............................................................. ............................................................. 3 ... H. Pedestrian/Bicycle Accommodations .................................................................................... 3 I. Utilities ........................... ........................................................................................................... J. School Bus Usage .................................... ................ 3 ............................................................... K. Other Highway Projects in the Area ..................................................................................... 4 IV. PROPOSED-IMPROVEMENTS ............................................................................................ 5 A. Proposed Typical Section ...................................................................................................... 5 B. Proposed Alignrrient .............................................................................................................. 5 C. Right of Way/Access Control ................................................................................................ 5 D. Speed Limit ........................................................................................................................... 5 E. Design Speed ..... .....:.............................................................................................................. 5 F. Types of Intersection Control/Improvements ........................................................................ 5 G. Service Roads ........................................................................................................................ 6 H. Railroad Crossings ................................................................... ................................... 6 .......... 1. Structures .............................:............................................. ............................................. 6 ........ J. Pedestrian/Bicycle Accommodations ..................................................................................... 6 K. Utilities ........................................................................................... L. Landscaping ...........................................................................................................................7 M. Noise Barriers ......................... .......................................................................... V. ALTERNATIVES TO THE PROPOSED ACTION .......................................................... ........................................ A. "No-Build" Alternative .............. ................................................. 7 B. Alternate Modes of Transportation .......................: ................... 7 ....................... C. Typical Section Altematives ................................. 7 ........................ D. Alignment Alternatives ..... ...............:.... ............................................................... VI. EVALUATION OF ENV """"' IRONMENTAL EFFECTS .......................................................... 12 A.. Cultural Resources ................... ............................................................................. 12 1. Historic Architectural Resources ..................................................................................... 2. Archaeological Resources ................................................................................................ 112 2 B. Social/Economic Effects ..................................................................................................... 13 1. Relocation of Homes and Businesses ................................... ...................................... 13 3. Public Facilities ................................ :. ..........................................................................13 4. Economic Effects ..... C. Land Use/Zoning .•........:...................................................................................................... 13 ............................................................. 14 D. Farmland Impacts.......: ........................................................................................................ 14 E. Secondary/Cumulative Impacts ........................................................................................... 14 F. Natural Resources .............................. ..............................................16 1. Biotic Resources .............................................................................................................. 16 a. Terrestrial Communities .................................... b. Terrestrial Wildlife .............................................. ........................................18 ................. 2. Aquatic Communities ..................................... .........................................19 ........................ 3. Summary of Anticipated Effects ......................................................................................19 a. Terrestrial Communities Effects ...................... b. Aquatic Communities Effects ..................................................................................... 19 ............................................................. 20 4. Characteristics of Surface Waters ................... ,,,•, 20 5. Ponds ..........................................................-.............. 6. Best Usage Classification and Water Quality .............................. ..................................... 21 7. Summary of Anticipated Impacts to Water Resources ................. 22 ........_.......................... 8. Jurisdictional Topics ........................................................................................................ 22 a. Waters of the United States .......................................................................:.................. 22 b. Characteristics of Wetlands and Surface Waters ......................................................... 22 c. Summary of Anticipated Effects ...................................................... 23 ............................ d. Permits ......................................................................................................................... 24 e. Avoidance, Minimization and Mitigation .................................. ............ 24 9. Rare and Protected Species .............................................................................................. 24 a. Federally-Protected Species ..................................................... ............ 24 b. Federal Species of Concern and State Listed Species ........................................ 26 .......... G. Flood Hazard Evaluation .................................................................................................... 27 H. Traffic Noise Analysis ........................................................................................................ 27 1. Ambient Noise Levels ...................................................................................................... 28 2. Analysis Results .............:................................................................................................. 28 3. Noise Abatement Alternatives ......................................................................................... 29 4. Construction Noise ....................:...................................................................................... 30 5. Summary .......................................................................................................................... 31 I. Air Quality Analysis .......................................................... 31 1. Background CO Concentrations ....................................................................... ... ............................ 31 2. Air Quality Analysis Results ........................................................ ............- 31 .................................... 3. Construction Air Quality Effects ..................................................................................... 32 4. Summary ...... .. ................................................................................................................ 32 J. Hazardous Material Involvement and Underground Storage Tank Facilities ...................... 32 VII. COMMENTS, COORDINATION AND PUBLIC INVOLVEMENT ................................ 34 A. Citizens Informational Workshop ....................................................................................... 34 B. Public Hearing ..................................................................................................................... 34 C. NEPA/404 Merger Process ................................................................................................. 34 D. Other Coordination ............................................................................................................. 35 Figures Figure 1 Vicinity Map Figure 2 Aerial Mosaic Figure 3a 2008 Traffic Volumes Figure 3b 2030 Traffic Volumes Figure 4a Proposed Typical Sections Figure 4b Proposed Typical Sections (contd.) Figure 5 Future Land Use Figure 6 Prime Farmland in Project Area Figure 7 Wetlands/Streams/Floodplains in Project Area Figure 8 Potentially Contaminated Properties in Project Area Tables Table S 1 - Widening Alternatives Studied .. . i ..................................... .............. Table S2 - Total Project Impacts for Alternative Combinations v i ............................. Table 1- Summary of Mainline Peak Hours Level of Service ................................ v 2 Table 2 - Existing Bridge Structures .................................. 3 .......................... Table 3 - Proposed Structures .................................................................... T bl 4 Wi 6 a e - dening Alternatives Studied ........................................................ Table 5 - Total Project Im acts for Alt ti C bi i 8 p erna ve om nat ons .............................. 8 Table 6 - Anticipated Relocations ..................................... 11 .......................... Table 7 - Anticipated Effects of US 221 Bypass ................................................. Table 8 - Anticipated Effects on Terrestrial Communities ............................................. 13 18 Table 9 - Streams in Project Study Area Table 10 -Jurisdictional Wetlands Within the Project Study Area .......................... 21 Table 11 - Project Effects on Wetlands ........................................... 21- ............................ Table 12 -Project Effects on Jurisdictional Streams .................................................... 22 Table 13 - Federally-Protected Species Listed for Rutherford County ........................... 23 Table 14 - Population Data for Dwarf-flowered Heartleaf Within the Project Study Area ....................:................................................ 24 ................. Table 15 - Federal Species of Concern (FSC) Listed for Rutherford County ............. 25 Table 16 - Anticipated Noise Impacts of Project Alternatives ............................... 27 Table 17 - Potentially Contaminated Sites in Project Area .................................. 32 APPENDICES Appendix A - Comments Received Appendix B - NCDOT Relocation Assistance Program/Relocation Reports I US 221 From the South Carolina State Line to US 74 Bypass Rutherford County WBS Element 34400. 1.1 TIP Project R-2233A SUMMARY 1. Type of Action This is a State Environmental Assessment. 2. Additional Information The following person may be contacted for additional information concerning this proposal and statement: Gregory J. Thorpe, Ph. D., Environmental Management Director Project Development and Environmental Analysis Branch NC Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Telephone (919) 733-3141 3. Proiect Purpose/Description of Proposed Action The purpose of the project is to improve travel time, safety and system linkage along the existing US 221 intrastate corridor between the South Carolina State Line and US 74 Bypass in Rutherford County. The proposed project involves widening US 221 to a multi-lane facility from the South Carolina State Line to the US 74 Bypass in Rutherford County. The project is approximately 10.9 miles long. The proposed project is included in the approved 2004-2010 North Carolina Transportation Improvement Program (TIP). Right of way acquisition and construction are scheduled for state fiscal years 2006 and 2008, respectively, in the draft 2006-2012 TIP. The current estimated cost for the proposed project is $87,937,500, which includes $60,000,000 for construction and $27,937,500 for right of way acquisition. The cost included in the draft 2006-2012 TIP is $56,700,000 which includes $5,700,000 for right of way acquisition and $51,000,000 for construction. ii 4. Needs to be Addressed by Proiect The proposed project will address the following deficiencies of the existing facility: • Without improvements, US 221 will operate at capacity (level of service E) in the years 2008 and 2030. • Total and fatal accident rates along US 221 are higher than the statewide average for two- lane rural US routes. 5. Summary of Environmental Effects The widening of US 221 will result in the relocation of between 97 and 112 homes and between 16 and 21 businesses, depending on the alternative chosen (see-Tables S 1 and S2 below). It is anticipated the proposed project will affect approximately 0.1 acre of wetlands and approximately 3,412 to 3,601 linear feet of streams, depending on the alternatives chosen (see Tables S 1 and S2 below). Traffic noise impacts will occur to between 36 and 40 residences with construction of the project, depending on the alternative chosen (see Tables S1 and S2 below). Sixty one receptors will be impacted by traffic noise if the proposed project is not built. Twenty three potentially contaminated properties (see Section VI-J) will require further investigation prior to right of way acquisition. 6. Permits Required Due to expected project impacts on jurisdictional streams, an individual Section 404 permit will likely be required. The Corps of Engineers will determine final permit requirements. A NC Division of Water Quality Section 401 Major Water Quality Certification will be required prior to issuance of the Section 404 permit. 7. Alternatives Considered The project was divided into five sections in order to evaluate alternatives. Both east-side and west-side widening were considered within each section. In addition, both a 23-foot and a 46-foot median were considered within Section 5. Table S-1 below presents impacts for both east and west-side widening within each section. Table S-2 presents total impacts for the project with various alternative combinations. iii Table S1 _ Wirlenina Al*Prna*;m.no Section Length Streams Wetlands Dwarf-flowered Noise Section To/From mi. Alt. (ft) (ac) Heartleaf (ac)* Homes Businesses Impacts 1 State Line/SR 2105 0 9 East 516 0.01 0.08 7 1 1 . West 224 0.02 0.01 6 2 3 2 SR 2105/S. of SR 2109 1 8 East 666 0 0.33 1 0 1 . West 855 0.02 0.24 4 0 4 S. of SR 2109/S. of East 1,022 0 0 21 6 2 3 1 4 SR 2230 . West 767 0 0 251 `-4 ` 10 4 S. of SR 2230/SR 2215 2 9 East 873 0.05 0.07 13 2 6 . West 1,063 0.03 029 22 5 _ 6 East 23' 558 0.04 0 54 6 24 East 46' 592 0.03 0 64 10 25 5 SR 2215/N. of US 74 3 9 . West 23' 571 0.04 0 53 10 24 West 46' 627 0.03 0 68 11 25 auauea anernauves are no longer being considered for the project. * Area containing Dwarf-flowered heartleaf within project construction limits. Table S2. Total Pro'ect Impacts for Alternative Combinatio Alternative Combination Dwarf- ns Section 1 2 3 4 5 Streams ft Wetlands ac flowered Heartleaf ac * Homes Businesses Noise Impacts W W E E W46 3,601 0.12 0.32 112 21 40 W W E E W23 3,545 0.13 0.32 97 20 40 W E E E W46 3,412 0.10 0.41 109 21 37 W E E E W23 3,356 0.11 0.41 94 20 36 W W E E E46 3,566 0.12 0.32 108 20 38 W W E E E23 3,532 0.13 0.32 98 16 38 W E E E E46 3,377 0.10 0.41 105 20 36 W E E E E23 3,343 0.11 0.41 95 16 36 * Area containing Dwarf-flowered heartleaf within project construction limits. "W46"=West-side widening with 46 median. "W23"=West-side widening with 23' median. "E46"=East-side widening with 46' median. "E23"=East-side widening with 23' median. 8. Coordination The following federal, state and local agencies and officials were consulted regarding this project: US Department of the Army - Corps of Engineers (Wilmington District) 1v US Environmental Protection Agency US Fish and Wildlife Service - Asheville National Park Service US Geological Survey NC Department of Administration - State Clearinghouse NC Department of Cultural Resources-State Historic Preservation Office NC Department of Environment and Natural Resources-DENR DENR NC Division of Water Quality DENR NC`Wildlife Resources Commission Mayor of Rutherfordton Mayor of Spindale Rutherford County Manager v US 221 From the South Carolina State Line to US 74 Bypass Rutherford County WBS Element 34400.1.1 TIP Project R-2233A I. DESCRIPTION OF THE PROPOSED ACTION A. General Description The North Carolina Department of Transportation, Division of Highways proposes to widen US 221 to a multi-lane facility from the South Carolina State line to the US 74 Bypass in Rutherford County. The project is approximately 10.9 miles long. The proposed project is included in the approved 2004-2010 North Carolina Transportation Improvement Program (TIP). Right of way acquisition is scheduled for state fiscal year (SFY) 2006 and construction is scheduled for SFY 2008 in the draft 2006-2012 TIP. B. Cost Estimates The current estimated cost for the proposed project is $87,937,500, which includes $60,000,000 for construction and $27,937,500 for right of way acquisition. The cost included in the draft 2006-2012 TIP is $56,700,000, which includes $5,700,000 for right of way acquisition and $51,000,000 for construction. II. PURPOSE AND NEED FOR PROJECT A. Project Purpose The purpose of the project is to improve travel time, safety and system linkage along the existing US 221 intrastate corridor between the South Carolina State Line and US 74 Bypass in Rutherford County. B. Traffic Volumes In the year 2008, average daily traffic volumes along US 221 in the project area are expected to range between 5,510 to 12,230 vehicles per day (vpd). In the design year 2030, the estimated traffic volumes are expected to range from 8,350 to 18,150 vpd. See Figures 3a and 3b for traffic volumes. C. Traffic Carrying Capacity Without the proposed improvements, portions of US 221 within the project limits will operate at level of service E in both 2008 and 2030. If US 221 is widened, it will operate at level of service A in 2008 and level of service B in 2030. Table 1. Mainline Level of Ri-rvirP R.ncl nn iTC 1711 No-Build LOS v rra Build LOS Section 2008 2030 2008 2030 SC State Line to SR 2169 E E A B SR 2169 to US 74 D E A A D. Accident Analysis During the three-year period from 1999 to 2002, 204 accidents were reported on US 221 within the project limits. Three fatalities occurred. The accident rate along US 221 within the project limits is 246.35 accidents per 100 million vehicle miles (acc/100mvm). The fatal accident rate within the project limits is 3.62 acc/100mvm. This is higher than the statewide rate for two-lane rural US routes of 167.73 acc/100mvm for regular accidents and 2.01 acc/100mv for fatal accidents. III. DESCRIPTION OF EXISTING FACILITY A. Functional Classification US 221 is classified as a Rural Minor Arterial in the North Carolina functional classification system. US 221 from the South Carolina State Line to NC 105 in Linville and NC 105 from Linville to Boone are designated an intrastate corridor. These same sections of US 221 and NC 105 are also identified as a strategic corridor. B. Existing Typical Section Existing US 221 within the project limits is a two-lane roadway, with 10-foot lanes and grass shoulders which vary from six to nine feet wide. C. Existing Right of Way/Access Control The existing right of way on US 221 in the project area varies from 60 feet to 100 feet wide. No control of access exists along US 221, with the exception of the vicinity of the US 74 Bypass interchange. D. Speed Limit The existing speed limit along US 221 in the project area is 55 miles per hour. 2 E. Intersecting Roads and TVUes of Control With the exception of US 74 Bypass, all existing intersections along US 221 in the project area are at-grade and stop sign-controlled. An interchange exists at US 74 Bypass. The ramp terminals for this interchange on US 221 are stop sign-controlled. F. Railroad Crossings Two railroad crossings exist along US 221 within the project limits. Both of these crossings are grade-separated. Railroad tracks belonging to the Carolina, Clinchfield and Ohio (CC&O) Railroad are carried over existing US 221 on a bridge approximately 0.6 mile north of the South Carolina State Line.. US 221 is carried over railroad tracks belonging to CSX Transportation on a bridge just south of SR 1136 (New Bethel Church Road). G. Structures Table 2 presents existing bridge structures along US 221 within the project limits. Table 2. Existin Brid a Structures Bridge Carries/ Clear Rdwy Width or Vertical Year Suff. No. Crosses Min. Horiz. Clearance Under Clearance Length Built Rt .* 19 CC&O RR/ US 221 6' Each Side 14' 8" 46' 1939 N/A 30 US 221/13road ' River 24 N/A 523' 1939 34.0 55 US 221/Floyd's ' Creek 25.8 N/A 150' 1940 62.6 74 US 221/CSX ' ' " RR 25.8 20 5 120' 1940 63.4 631 US 221/US 74 60' 16' 8" 264' 1989 95.3 Sufficiency Rating (out of a possible 1 UU rating points). H. Pedestrian/Bicycle Accommodations There are no existing sidewalks along US 221 in the project area. US 221 in the project area is not a designated bicycle route. NC Bicycle Route 8 (Southern Highlands Route) is signed along SR 2213 and SR 1148 in the project area. These two roads intersect US 221 just south of US 74 Bypass (see Figures 1 and 2). 1. Utilities Utilities along US 221 include telephone, power lines, water, sanitary sewer force main, fiber-optic cable lines and gas. J. School Bus Usage Approximately 30 buses use US 221 within the project limits twice daily. 3 K. Other Highway Proiects in the Area Several other highway projects are proposed in the vicinity of the subject project. These are shown on Figure III-1 and listed below: TIP Project B-4259 involves the replacement of Bridge No.342 at Richardson Creek along SR 1135. Right of way acquisition and construction are scheduled to begin in fiscal year (FY) 2005, respectively. TIP Project B-4634 involves the replacement of Bridge No. 144 at Floyd's Creek along SR 1347. Right of way acquisition is scheduled to begin in the FY 2007. Construction is scheduled to begin in FY 2008. TIP Project R-2233B involves the construction of a US 221 bypass of Rutherfordton from US 74 Bypass to SR 1353. Right of way acquisition for the bypass is scheduled to begin in SFY 2007 and construction in SFY 2009. RMERFORQ i L.. in Area In addition to the three nearby projects, two other projects are proposed along the US 221 Corridor. TIP Project R-2597, involves widening US 221 from SR 1353 in Rutherford County to SR 1153 in McDowell County. Right of way acquisition is scheduled to begin in SFY 2007 and construction in SFY 2009. TIP Project R-204 involves widening US 221-NC 226 from SR 1153 to NC 226 and US 221-NC 226 Business to SR 1434. Right of way acquisition is scheduled to begin in State Fiscal Year (SFY) 2006 and construction in SFY 2008. 4 Figure Ill-1 Other Highway Projects IV. PROPOSED IMPROVEMENTS A. Proposed Typical Section A four-lane median divided facility is proposed for US 221. The proposed median will be 46 feet wide, except from SR 2150 to just south of US 74 Bypass, where either a 46-foot or a 23-foot median is being considered due to existing development in this area. Through the US 74 interchange the proposed median will narrow to four feet across the bridge over US 74. Twelve- foot lanes and ten-foot shoulders (four-foot paved) are proposed. Figure 4A presents proposed typical sections for the project. B. Proposed Alignment The proposed additional lanes will be added to either the west-side or east-side of existing US 221. The project was divided into five sections in order to evaluate alternatives. Widening both to the east side and the west side were examined within each section. Appropriate widening schemes have been selected within three of the five sections (see Section V-D). Widening schemes within the remaining two sections will be chosen following the public hearing for the project. C. Right of Way/Access Control A total right of way width of 250 feet will be required to accommodate the proposed improvements. Partial control of access (one access per parcel) is proposed for the project. D. Speed Limit It is anticipated US 221 within the project limits will be signed with a 55 MPH speed limit. E. Design Speed A 60 MPH design speed is proposed for US 221 within the project limits, with the exception of the vicinity of the US 74 Bypass interchange, where a 55 MPH design speed is proposed. F. Types of Intersection Control/Improvements All of the intersections along the project will remain stop sign controlled following completion of the project. No full movement intersections are proposed along US 221 within the project limits except at the US 74 Bypass interchange, at an industrial driveway just south of US 74 and at SR 2171. Directional crossovers (no lefts onto US 221 or through movements across US 221 from minor roads) or right in/right out (no median opening) are proposed at all other intersections along the project. Proposed median openings will accommodate u-turns. 5 The following roadways will be realigned in order to improve the skew angle of their intersection with US 221 (see Figure 2): SR 2105, SR 2109, SR 2210, SR 1117, SR 2230, SR 2125, SR 1136, SR 2287, SR 1111, SR 1137, SR 2150, SR 2164, SR 1148 and SR 2213. SR 2171 will be relocated in order to provide more distance between this intersection and the US 74 Bypass interchange ramps. Two existing intersections will be closed with the project. The intersections of both SR 1118 and SR 2169 with US 221 will be removed and the side roads cul- de-saced. These intersections are being closed because of the intersection skew and the proximity of other intersections. G. Service Roads No service roads are proposed to be constructed as a part of this project. H. Railroad Crossings All the existing grade separated railroad crossings will remain grade separated. The bridge carrying the CC&O Railroad over US 221 will be replaced. The bridge carrying US 221 over the CSX Transportation rail line will be replaced and a second bridge constructed to carry the new lanes over the tracks. Section IV-I below describes proposed structures. I. Structures Table 3 below presents proposed structures for the project. The proposed typicafsection on bridge structures is shown on Figure 4B. Table 3. Proposed Strnehirec Carries/Crosses Proposed Structure CC&O RR/US 221 20'x 285' Brid e US 221/Broad River 2-36'x 570' Brid e Unnamed Tributary to Floyd's Creek Retain and Extend Existing 1 6' x 4' Culvert US 221/Flo d's Creek 2-36'x 170' Brid es US 221/CSX RR 2-36'x 140' Brid es Long Branch Retain and Extend Existing 2 7' x 7' Culvert US 221 /US 74 Widen Existing Bridge I Pedestrian/Bicycle Accommodations Due to the rural nature of the project area, no sidewalks are proposed for the project. No exclusive bicycle accommodations are proposed. The proposed four-foot paved shoulder will accommodate bicycle traffic. 6 K. Utilities The project is expected to have a low level of utility impacts. Utilities along the project will be relocated prior to construction. Care will be taken to prevent damage to water lines and fiber optic cables in the project area. L. Landscaping No special landscaping is proposed as a part of the project. Disturbed areas along the project will be reseeded with grass. M. Noise Barriers No noise barriers are proposed along the project (see Section VI-H-3) V. ALTERNATIVES TO THE PROPOSED ACTION A. "No-Build" Alternative The "No-Build" alternative is not recommended. While this alternative avoids the anticipated impacts of the proposed project, this alternative does not meet the purpose and need of the project to improve travel time, safety and.system linkage along the existing US 221 intrastate corridor between the South Carolina State Line and US 74 Bypass in Rutherford County. B. Alternate Modes of Transportation It was determined alternate modes of transportation would not be a practical alternative to the proposed project. Highway transportation is the dominant mode of transportation in the project area, which is primarily rural in nature. Rutherford County Transit provides bus service within Rutherfordton, Spindale and Forest City. However, no local bus service is offered along US 221 within the project area. Inter-city bus service is offered between Spindale and Charlotte. This bus service uses US 74 Bypass. The expansion of local or inter-city bus service to include the project area may reduce traffic along US 221 by a very small amount, but it would not reduce traffic enough to improve travel time along the US 221 corridor. Staggering work hours, car-pooling and van pooling are possible ways to generally reduce highway congestion; however these congestion management measures are not controlled by NCDOT. These alternatives would do nothing to address the system linkage needs that will be improved by the "Build" alternative. C. Typical Section Alternatives US 221 will be widened to a four-lane median divided section with the project. For the portion of the project from the State Line to SR 2150, only a 46-foot median was considered. From SR 2150 to just south of US 74 Bypass, both a 46-foot median and a 23-foot raised median 7 have been studied for the project. The 23-foot raised median is being considered due to the number of homes and businesses in this area. Through the US 74 Bypass interchange, opposing travel lanes will be separated by a four-foot paint striped divider. Figure 4A presents proposed typical sections for the project. D. Aft7nnment Alternatives _ The project was divided into five sections in order to evaluate alternatives. Both east-side and west-side widening was considered within each section. In addition, both a 23-foot and a 46-foot median were considered within Section 5. Figure V-1 below presents the project sections and Table 4 presents impacts for both east and west-side widening within each section. Table 5 presents total impacts for the project with various alternative combinations. Table 4. Widening Altprnatiwae Q+viAina Section Length Streams Wetlands Dwarf-flowered Noise Section To/From mi. Alt. (ft (ac Heartleaf ac)* Homes Businesses Impacts 1 State Line/SR 2105 0 9 East 516 0.01 0.08 7 , 1 1 . West 224 0.02 0.01 6 2 3 2 SR 2105/S. of SR 2109 1 8 East 666 0 0.33 1 0 1 . West 855 0.02 0.24 4 0 4 S. of SR 2109/S. of East 1,022 0 0 21 6 2 3 14 SR 2230 -West 767 - 0` 25 10 4 S. of SR 2230/SR 2215 2 9 East 873 0.05 0.07 13 2 6 . West 1,063 - 0.03 029 22 5 6 East 23' 558 0.04 0 54 6 24 East (46) 592 0.03 0 64 10 25 5 SR 2215/N of US 74 3 9 . . West 23' 571 0.04 0 53 10 .24 West ' 627 0.03 0 68 11 25 46 Shaded alternatives are no longer being considered for the project. * Area containing Dwarf-flowered heartleaf within project construction limits. 8 Table 5. Tntal Prnietrt imnante fn.. A 9"-' L: Alternative a c-mil-A LQb lvG <.V111 UlilQl.jUl1.1 Combination Dwarf- Section , flowered 1 2 3 4 5 Streams Wetlands Heartleaf Noise ft ac ac * Homes Businesses Impacts W W E E W46 3,601 0.12 0.32 112 21 40 W W E E W23 3,545 0.13 0.32 97 20 40 W E E E W46 3,412 0.10 0.41 109 21 37 W E E E W23 3,356 0.11 0.41 94 20 36 W W E E E46 3,566 0.12 0.32 108 20 38 W W E E E23 3,532 0.13 0.32 98 16 38 W E E E E46 3,377 0.10 0.41 105 20 36 W .k E E E E23 3,343 0.11 0.41 95 16 36 .rea contammg Dwart-dowered heartleaf within project construction limits. "W46"=West-side widening with 46' median. "W23"=West-side widening with 23' median. "E46"=East-side widening with 46' median. "E23"=East-side widening with 23' median. 9 10 The NEPA/404 merger team (see Section VII-C) discussed alternatives within each section and agreed on the appropriate widening scheme for Sections 1, 3 and 4. Both east-side and west-side widening are still being considered for Sections 2 and 5. Section 1 (West-Side Widening Proposed) Section 1 of the project extends from the South Carolina State Line to SR 2105 (State Line Road). As Table 4 shows, widening to the west within this section will result in less - impacts to streams, impact a smaller area containing a federally-protected plant and relocate fewer homes than widening to the east. For these reasons, the merger team agreed to drop widening to the east from consideration, even though widening to the east would affect less wetlands. Section 2 (Both East-Side and West-Side Widening Being Considered) Section 2 of the project extends from SR 2105 to approximately 0.5 mile south of SR 2109 (Island Ford Road). Both east-side and west-side widening are still being considered for this section. Section 3 (East-Side Widening Proposed) Section 3 extends from 0.5 mile south of SR 2109 to approximately 0.2 mile south of SR 2230 (New Jerusalem Church Road). East-side widening has been selected for this section because it would relocate fewer homes. Section 4 (East-Side Widening Proposed) Section 4 extends from 0.2 mile south of SR 2230 to SR 2215 (Henson Drive). East-side widening has been selected for this section because widening to the east will result in lower stream impacts, less impacts to dwarf-flowered heartleaf, and will relocate fewer homes and businesses. Section 5 (Both East-Side and West-Side Widening Being Considered) Section 5 extends from SR 2215 to just north of US 74 Bypass. Both east-side and west-side widening are still being considered for this section. Both a 23-foot and a 46-foot median are being considered for this section, as well, due to the amount of development in the Danieltown community. Through the US 74 Bypass interchange, the. proposed median will narrow. On the bridge carrying US 221 over US 74 Bypass, opposing travel lanes will be separated by a four-foot paint striped divider. Turn lanes will be provided for the US 74 ramp terminals. With either the east-side widening or west-side widening options, US 221 will be widened to the east through the US 74 interchange and north of the interchange. In order to 11 maintain the appropriate vertical clearance under the bridge carrying US 221 over the US 74 Bypass, the bridge must be widened to the east. VI. EVALUATION OF ENVIRONMENTAL EFFECTS A. Cultural Resources This project is subject to North Carolina General Statute 121-12(a). Although no federal funds will be used for the construction of the project, a permit from the US Army Corps of Engineers will be required. Section 106 of the National Historic Preservation Act of 1966, as amended, applies to federal permit areas along the project. Section 106 requires federal agencies to take into account the effect of their undertakings (federally funded, licensed, or permitted) on properties included on or eligible for inclusion on the National Register of Historic Places and to afford the Advisory Council a reasonable opportunity to comment on such undertakings. 1. Historic Architectural Resources The NCDOT Historic Architectural Resources Section surveyed the'project area. There are properties over 50 years old within the projects' area of potential effect (APE), but based on historical information available and photographs of each property, these properties are not considered eligible for the National Register and no further evaluation of them is necessary. There are no National Register-listed properties within the APE. The State Historic Preservation Office concurred with this finding on December 12, 2002. A copy of the concurrence form is included in Appendix A. 2. Archaeological Resources A comprehensive archaeological survey, consisting of background research and pedestrian survey and/or subsurface testing, is required prior to construction within the project's Area of Potential Effects (APE), which includes all potential construction limits for the project. The intensive survey APE will include those areas where the preliminary design. decisions have already been made for the project and will also extend to cover those areas where widening may go to either side of the existing road or is otherwise undecided. Potentially, based on existing knowledge of the region and previous archaeological research in the area, archaeological sites may be identified within the project corridor as a result of the archaeological survey. Each recorded site within the APE will be evaluated individually for eligibility for listing on the National Register of Historic Places and considered accordingly. The Historic Preservation Office and the Office of State Archaeology will review the resulting report, and concurrence with the conclusions and recommendations of the investigation should be established prior to construction. 12 B. Social/Economic Effects 1. Relocation of Homes and Businesses All of the alternatives under consideration for the project will require the relocation of homes and businesses. All relocations will be carried out in accordance with Federal and State laws and regulations. NCDOT's Relocation Assistance Program will be utilized to assist in finding replacement housing for residents relocated by the project. Table 6 below presents the anticipated number of homes and businesses which would be relocated by each alternative. Appendix B includes information on NCDOT's relocation assistance program, as well as the relocation reports for each alternative. Table 6_ Anflripa*arl Section - -- - Alternative vaV Homes ?.ss •aVliJ Businesses Non-Profit Organizations Section 1 West 6 2(l) 0 Section 2 East 1 0 0 West 4 0 0 Section 3 East 21(5) 6(l) 0 Section 4 East 13(2) 2 0 Section 5 East 23' S4 10 6(l) 0 West 23' 53(11) 10(3) 1 East 46' 64(15) 10(3) 2 AT..-I- West 46' 68(12) 11(3) 1 l4uuiunrb m pareninesis V maicate minority owned or occupied homes and businesses. 3. Public Facilities One school and several churches are located along US 221 in the project area. Harris Elementary School is located on US 221 just north of SR 2150 (Bridges Farm Road). 4. Economic Effects Rutherford County's economy has been in a downward cycle, with several textile plant closings over the last couple of years resulting in a loss of approximately 2,300 jobs. The towns in the county are experiencing the greatest economic effect, with a loss of almost 90% of their textile jobs. The economy of the western part of the county, which is a tourist area, is stronger than the central and southern parts of the county, which are struggling economically. Local planners believe proposed improvements along US 221 in the area will help bring jobs to the area by attracting industries due to increased access and mobility. Residential property values could decrease if the widened road comes much closer to existing homes than the existing road, causing increased noise and affecting the aesthetics of the property. However, some property values may rise because of increased mobility along the US 221 corridor. Additionally, industries may be drawn to the area, resulting in increased property values. 13 C. Land Use/Zoning The project area is mainly rural with a mixture of low-density residential and scattered commercial, industrial and institutional land uses. The commercial development is primarily businesses such as convenience stores and gas stations. A number of churches are also located in the project area. Rutherford County has a draft Land Use Plan 1993-2003 (Revised 2001) (see Figure 5). The land use plan identifies most of the land US 221 passes through in the project area as "Rural". Portions of the northern part of the project area are identified as "Limited Transition". D. Farmland Impacts North Carolina Executive Order Number 96 requires all state agencies to consider the impact of land acquisition and construction projects on prime farmland soils, as designated by the Natural Resources Conservation Service (MRCS). Land which is planned or zoned for urban development is not subject to the same level of preservation afforded other rural agricultural areas. US 221 crosses several areas with prime farmland soils. However, based on field observations, little land along the existing roadway is used for agriculture. E.. Secondary/Cumulative Impacts As discussed in Section III-K, improvements are proposed for US 221 north of the subject project. An adjacent project, TIP Project R-2233B, involves construction of a US 221 bypass of Rutherfordton. Environmental studies for the bypass are currently underway. Four alternative corridors are under consideration for the bypass. Table 7 below presents anticipated effects of the bypass alternatives. 14 Table 7. Anticipated Effects of Proposed US 221 Rutherfardtan Rvnncc* EAST 3 EAST 4 EAST 6 US 74A BYP. BYP. BYP. BYP. RESIDENTIAL 151 162 149 90 RELOCATEES BUSINESS 23 20 21 23 RELOCATEES NATIONAL REGISTER** LISTED 1 1 1 None PROPERTIES IN CORRIDOR WETLANDS AFFECTED 1.8 2.1 2.2 1.5 (AC.) STREAM IMPACTS 5,794 5,906 9,214 3,834 ?` - impacts estimated at 1 /3 total corridor impacts. * * - National Register of Historic Places NWI - National Wetland Inventory It is expected the cumulative effects of the subject project and other projects along the US 221 corridor will be limited to the sum of all the project's effects. It is not expected these projects will have a synergistic effect leading to greater impacts than the sum of the impacts. Limited indirect impacts are expected to occur due to this project. New access to property will not be created because the subject project only widens an existing roadway. The proposed widening of US 221 may create opportunities for industrial development along the US 221 corridor in Rutherford County. However, the magnitude of induced growth as a result of the project is expected to be low to moderate. Rutherford County's absence of growth controls and their encouragement of development provide the largest likelihood for induced development. However, with no new access, limited water and sewer lines, and the county's recent loss of 3,000 textile and furniture jobs, there is not an abundance of opportunities for premium access- induced growth. 15 F. Natural Resources 1. Biotic Resources a. Terrestrial Communities Seven terrestrial communities were identified in the project study area: Mesic Mixed Hardwood Forest (Piedmont Subtype), Dry-Mesic Oak-Hickory Forest, Piedmont/Mountain Levee Forest, Disturbed-Maintained Communities, Wetland Communities, Pine Plantation, and Terrestrial Wildlife. Dominant plants and animals in each community are described and discussed below. Animals observed during field investigations are identified with an asterisk (*). Mesic Mixed Hardwood Forest (Piedmont Subtype) This forest type is found throughout the Piedmont and ranges into some of the lower elevation areas of the Blue Ridge. Under natural conditions these forests are uneven-aged, with old trees present. Disturbed areas have increased amounts of pine and "weedy" hardwood species including tulip poplar and sweetgum. Scattered throughout the study area, this plant community occurs in many of the wooded areas along drainageways. Most of these areas remain wooded due to their- steep torography. However, some locations have historically been used as dumpsites, which creates disturbance in the growth of the herbaceous layer. The canopy of this forest type is dominated by species such as beech, red oak, tulip poplar and other mesophytic species. Typical understory species include hop-hornbeam, red maple, and American holly. Shrub species include deerberry, downy arrowwood, and American strawberry bush. Dry-Mesic Oak-Hickory Forest This forest type is found throughout the Piedmont and Coastal Plain and possibly ranges into some of the lower elevation areas of the Blue Ridge. Under natural conditions these forests are uneven-aged, with old trees present. Disturbed areas have increased amounts of pine and "weedy" hardwood species including red maple and sweetgum. Within the study area, this plant community is scattered throughout the uplands. This forest can be found on side slopes, upland flats, and some lower slopes where natural vegetation remains. This forest type is dominated by oaks and hickories, with white oak being the most prevalent. Other dominant species include red oak, black oak, mockernut hickory, pignut hickory and sweet pignut hickory. Virginia pine, tulip poplar, and sweetgum are also common in disturbed areas. Typical understory species include flowering dogwood, red maple, sourwood and American holly. Shrub species include deerberry, downy arrowwood and American strawberry bush. Muscadine and poison ivy are the vines present. Herbs are usually sparse and include heardeaf, downy rattlesnake orchid and pipsissewa. 16 Piedmont/Mountain Levee Forest This forest type is found on natural levees and point bar deposits on large floodplains. Within the study area, this community is located along the Broad River. Portions of this community have been cleared in the past or are currently cleared. In the areas of heaviest disturbance, invasive species may dominate the herbaceous and shrub layers. On the north side of the Broad River, this community is mostly intact, mature trees and a diverse herbaceous layer are apparent. Invasive species such as Japanese honeysuckle, Chinese privet, kudzu, blackberry and Nepal grass have invaded many areas within this community. This forest type is further characterized by the presence of sycamore, river birch and box elder. Other canopy species may include sweetgum, tulip poplar, green ash, American elm, bitternut hickory, black walnut and shagbark hickory. Understory species may include box elder, pawpaw, hornbeam and American holly. Shrubs may include spicebush, painted buckeye, yellowroot and giant cane. Woody vines, such as poison ivy, Virginia creeper, cross vine, greenbriar, trumpet creeper and grape, may be dominant. The herbaceous layer is usually lush and quite diverse. The herbaceous layer may include false nettle, river oats, violets, heartleaf aster, bottlebrush grass, wingstem and rattlesnake fern. Disturbed/Maintained Communities This community includes six types of habitat recently or currently impacted by human disturbance including regularly maintained roadside and railroad shoulders, agricultural fields, pastures, utility right-of-ways, clearcuts and residential areas. The majority of these habitats are kept in a low-growing, early successional state. The regularly-maintained roadside and railroad shoulder is mowed frequently and is dominated by herbaceous vegetation. The dominant species include various turf grasses, kudzu, goldenrods, English plantain, asters and Japanese honeysuckle. The agricultural fields in the project area contained a peach orchard, strawberries and other row crops. Along the field edges, Japanese honeysuckle, blackberry and an assortment of other mixed herbaceous species were the dominant vegetation. The pastures within the project area are dominated by tall fescue, red fescue and red clover. The edges of the pastures are dominated by many of the same species that dominate the agricultural field edges. The utility right-of-ways and clearcuts are generally covered by dense, scrubby vegetation. The clearcuts within the project area were created in the recent past. Young red maple, Virginia pine, and sweetgum are the most common woody species present. Vines such as greenbriai, blackberry, and poison ivy are also prominent. The herbaceous layer is generally dense and may include goldenrods, asters, Queen Anne's lace and other herbaceous species. The residential areas include maintained lawns and waste places near outbuildings. Residential areas are dominated by various turf grasses, ornamental and exotic vegetation. Native vegetation may also be present in transition zones between residential and natural areas. 17 Wetland Communities Several wetland areas are present within the study area. These wetlands are typically seepage areas near the headwaters of small streams. In many cases, these wetlands have been partially cleared, mowed, or otherwise disturbed. The dominant tree species include river birch, tulip poplar and red maple. Invasive exotics such as Chinese privet and Japanese honeysuckle are frequently found in the wetland areas. The herbaceous layer is typically dense or moderately dense and includes netted chain fern, jewelweed, cinnamon fern, soft rush and sedges. The wetland communities are quite small and often take on many of the characteristics of the larger surrounding communities; however, they may be classified as marginal examples of the Mesic Mixed Hardwood Community (Piedmont Subtype). Pine Plantation Pine plantations are present in several locations within the study area. These plantations are generally dominated by white pine or Virginia pine. The pine creates a dense overstory, blocking sunlight and resulting in a sparse or absent understory and herbaceous layer. Understory species may include red maple, tulip poplar, and sweetgum. Woody vines such as poison ivy and greenbriar may also be present. The pine plantations within the study area vary in age, but are generally greater than five years old. b. Terrestrial Wildlife Species that prefer open areas to feed and nest can be found in the disturbed communities. The European starling*, American robin*, Eastern fence lizard*, Eastern bluebird*, American crow* and the Virginia opossum* are all species which can be found in disturbed communities. Many species may utilize the edges of forests and clearings or prefer a mixture of habitat types. The Eastern cottontail*, White-tailed deer* and black rat snake are examples of such species. Indigo bunting* and common yellowthroat* are Neotropical migrants that inhabit dense, shrubby vegetation along transitional areas. The blue jay*, song sparrow*, eastern towhee* and Eastern bluebird* can be seen utilizing edge habitat all year round. Forested areas are important habitat for many wildlife species, providing crucial foraging, nesting, and/or denning areas. Neotropical migratory birds, in particular, are dependent on these areas. Species such as the Acadian flycatcher and the Louisiana waterthrush* thrive in wooded riparian areas, while the black-and-white warbler, black-throated green warbler and the red-eyed vireo prefer the upland woods. Species such as the downy woodpecker*, Carolina chickadee* and the tufted titmouse* are found in wooded areas throughout the year. In the leaf litter of the forested habitats, the Northern short-tailed shrew and the white- footed mouse may be found. The gray squirrel* is often observed foraging in wooded areas, both on the ground or in trees. The spring peeper and the five-lined skink can be found under forest litter and in brushy undergrowth. The Eastern box turtle* is a terrestrial turtle but will often be found near streams in hot, dry weather. 18 2. Aquatic Communities Nineteen streams and two ponds are located within the study area. No distinct areas containing significant amounts of aquatic vegetation were observed in the channels or ponds during the field assessment. A visual survey of the ponds and stream banks within the project study area was conducted to document the aquatic community. No anadramous fish species utilize streams within the project area. These streams have not been sampled in recent years, therefore no current species information is available. Fish species expected to occur in drainages within the project vicinity include rosyside dace, Santee chub, bluehead chub, fieryblack shiner, spottail shiner, yellowfm shiner and creek chub. Forested wetlands are especially appealing to mud salamanders, northern cricket frogs and the four-toed salamander. Northern water snakes*, snapping turtles and bullfrogs may be plentiful near larger waterways, while northern dusky salamanders* are common in smaller drainages. Suitable habitat exists in the project vicinity to support several bird species, including wood duck, mallard*, great blue heron*, belted kingfisher and Canada goose*. 3. Summary of Anticipated Effects a. Terrestrial Communities Effects Table 8 presents anticipated effects of the project on terrestrial communities. Table 8. Anticipated Effects on Terrestrial Communities Plant Community/Land Use Approximate Project Effects* Acres Mesic Mixed Hardwood Forest (Piedmont Subtype) 21.5 Dry-Mesic Oak-Hickory Forest 17.7 Piedmont/Mountain Levee Forest 1.3 Disturbed-Maintained 177.4 Wetland Communities 0.15 Pine Plantation 21.2 *Effects presented are one-half the amount of community within the 400-foot wide study corridor for project. The widening of existing US 221 may affect area wildlife. Due to the existing amount of urban and agricultural development in the project study area, wildlife habitat is fragmented. Although some loss of disturbed habitat adjacent to existing road shoulders may result, these 19 areas are of limited value to wildlife. Wildlife expected to utilize the project study area is generally acclimated to fragmented landscapes in this area. However, fragmentation and loss of forested habitat may impact other wildlife in the area by reducing potential nesting and foraging areas, as well as displacing animal populations. b. Aquatic Communities Effects Water resource impacts may result from disturbance of forested stream buffers within the study area. Removing streamside vegetation may increase direct sunlight penetration, which may elevate water temperatures within the stream. An increase in stream water temperatures often may stress or reduce the population of aquatic organisms. Shelter and food resources, both in the aquatic and terrestrial portions of these organisms' life cycles, may be affected by losses in the terrestrial communities. The loss of aquatic plants and animals may affect terrestrial animals that rely on them as a food source. The removal of the riparian buffer may also increase the amount of sediment released into the stream. Temporary and permanent impacts to aquatic organisms may result from this increased sedimentation. Aquatic invertebrates may drift downstream during construction and recolonize the disturbed area once it has been stabilized. Sediments have the potential to affect fish and other aquatic life in several ways, including the clogging and abrading of gills and other respiratory surfaces, affecting the habitat by scouring and filling pools and riffles, altering water chemistry and smothering different life stages. Increased sedimentation may cause decreased light penetration through an increase in turbidity. NCDOT Best Management Practices for the protection of surface waters will be strictly enforced to reduce impacts to streams. 4. Characteristics of Surface Waters The project study area is located within sub-basin (03-08-02) of the Broad River Basin, (NCDWQ 2002a) and is part of the USGS hydrologic unit for the Upper Broad River (HUCNo.03050105) (USGS 1987). Nineteen streams are located within the project study area. The locations of these streams are shown on Figure 7 and the physical characteristics of each of these streams are shown on Table 9 below. 20 Table 9_ Streams in Prninnt Stream Bank Height feet - --- - - Channel Width feet va.? va4u ALG Substrate A Water Clarity - Stream Determination C (Long Branch 2-6 16 Gravel/Rock Clear Perennial D* 2-12 8 Sand/Gravel Clear Intermittent Floyd's Creek 8-12 25 Sand/Gravel Turbid Perennial F 1-12 4 Sand/Gravel Clear Intermittent G 1-8 6 Sand/Gravel Clear Intermittent GA 2-8+ 6 Sand/Gravel Clear Perennial GB 4-20+ 6 Sand/Gravel Clear Intermittent H 1-6+ 10 Rock, Gravel, Sand Clear Perennial I 2-6 4 Gravel, Sand, Cobble, Some bedrock Slightly turbid Perennial UT I 3-6 4 Gravel, Sand, Cobble Slightly turbid Perennial J 0-2 1.5-2.5 Sand, Gravel Clear Perennial K 1-3 3.5 Gravel, Sand, Cobble Turbid Intermittent L 3-4 3 Sand, Gravel, Cobble Slightly turbid perennial M 1-12 6-15 Sand, Gravel, Cobble Slightly turbid perennial O 0.5 2-3 Sand, Gravel Clear Intermittent P 1- 2.5 Sand, Gravel Clear Perennial Q 34 3 Sand, Gravel, Cobble Clear Perennial Broad River Variable 240 Unknown Turbid Perennial UT = Unnamed tributary *Stream D was determined to be non jurisdictional from US 221 to a point 100 feet east of the roadway. Past this point, Stream D is jurisdictional. 5. Ponds Two ponds are located in the project vicinity south of the Broad River. 6. Best Usage Classification and Water Ouality A Best Usage Classification is assigned to streams based on the existing or contemplated best usage of various streams or segments of streams in the basin. All streams in the study area classified have been assigned a -Best Usage Classification of C. The unnamed tributaries not individually classified carry the same classification as their receiving streams. A Best Usage Classification of C indicates fresh waters designated for secondary recreation, fishing, aquatic life propagation and survival, wildlife and agriculture. No waters classified as High Quality 21 Water (HQW), Water Supplies (WS-1 or WS-II) or Outstanding Resource Waters (ORW) occur within one mile of the project study area. No streams within the study area are designated as North Carolina Natural and Scenic Rivers, or as National Wild and Scenic Rivers. Section 303(d) of the Clean Water Act requires the States to develop a comprehensive list of impaired waters. None of the streams crossed by the project are included on the 303(d) list of impaired streams. 7. Summary of Anticipated Impacts to Water Resources Short-term impacts to water quality, such as sedimentation and turbidity, may result from construction-related activities. Temporary construction impacts due to erosion and sedimentation will be minimized through implementation of a stringent erosion control schedule and the use of Best Management Practices (BMPs). Disturbed sites will be revegetated with herbaceous cover after construction to help reduce runoff and lessen sediment loadings. Direct discharges into streams will be avoided whenever possible. 8. Jurisdictional Topics a. Waters of the United States Surface waters and jurisdictional wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Regulations (CFR) part 328.3. Any action that proposes to place fill material into these areas falls under the jurisdiction of the US Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (CWA 33 USC 1344). b. Characteristics of Wetlands and Surface Waters Four wetland sites exist within the study area. The locations of these wetlands are shown on Figure 7. Table 10 presents information regarding the jurisdictional wetlands within the study area. Table 10. Jurisdictional Wetlands Within thn Prninn+ C+..a., A.. etland Cowardin Classification DWQ Wetland Rating Score r OF-Y Al V" Size of Wetland in Study Area acres C PFO 1 C 43 0.05 J west PFO 1 C 24 0.09 J east PFO 1 C/ PEM 1 J 51 0.04 P PFO 1 C 13 0.15 Junsdictional wetlands in the project study area are palustrine in nature. 22 Jurisdictional Streams Eighteen jurisdictional streams and one pond are located within the study area. c. Summary of Anticipated Effects The construction of the proposed project will cross surface waters and jurisdictional wetlands. Table 11 presents anticipated project effects on wetlands and Table 12 presents anticipated project effects on streams. Table 11. Praieet F.ffPete nn Wo+ia"A. Wetland aauu East-Side West-Side Project Section Widening Widening I J west N/A 0.02 J east N/A 0 2 P 0 0.02 4 Q 0.05 0.15 5 fk T .1 C 0.04* 0.03* -nom ,+o-loot ana /-s-root median would affect the same amount of wetlands. Table 12. Project Effects on TnricAu4innal c+wa Project -- Anticipated a .lia Yfll?lA Effects (Feet) Section Stream East-Side Widening West-Side Widening O N/A 0 1 L N/A 150 J N/A 80 P 100 190 M 0 220 2 Broad River 0 0 K 10 0 I 590 450 UTI 0 0 GB 250 N/A 3 G 0 N/A GA 730 N/A H 240 N/A 4 F 430 N/A Flo yd's Creek 0 N/A Q 200 N/A D 130 100 20(0) 5 N 190 180 350 320 C 160 160 160 150 23 East and west side impacts for Section 5 are based on a 46 foot median. Impacts in parenthesis Q are based on a 23 feet median for this portion of the project. d. Permits Impacts to "Waters of the United States" are anticipated from project construction. In accordance with provisions of Section 404 of the Clean Water Act, a permit may be required from the US Army Corps of Engineers for discharge of dredge or fill material into "Waters of the United States." Due to expected project impacts on jurisdictional streams, an individual Section 404 permit will likely be required. The Corps of Engineers will determine final permit requirements. A NC Division of Water Quality Section 401 Major Water Quality Certification will be required prior to issuance of the Section 404 permit. No streams within the project area carry a Trout Water (TW) designation by DWQ. However, since the project is located in a designated "trout county", NCDOT must obtain a letter of approval from the NC Wildlife Resources Commission. No construction moratoriums on in- stream work are expected since no anadramous fish species are present in any streams within the project area. e. Avoidance, Minimization and Mitigation The project involves widening an existing roadway. Complete avoidance of streams and wetlands is not possible. Wetlands and streams will be taken into consideration in the selection of widening schemes for the project. The project's effect on "Waters of the United States" will be further minimized by strict enforcement of sedimentation control Best Management Practices during the entire life of the project. All efforts will be made to minimize environmental impacts. Mitigation may be required for stream impacts exceeding 150, feet or wetland impacts exceeding 0.1 acre. 9. Rare and Protected Species a. Federally-Protected Species Species with the federal classification of Endangered (E) or Threatened (T)-are protected under the provisions of Section 7 and Section 9 of the Endangered Species Act (ESA) of 1973. As of January 29, 2003, five federally-protected species are listed for Rutherford County. These species are listed on Table 13 below. 24 Table 13. Federally-Protected S -pies List d f 1D.-A. rf e or e o rd Cuun Federal Biological Common Name Scientific Name Status* Habitat? Conclusion Indiana Bat Myotis sodalis E Yes May Affect-Unlikely to Adversely Affect Dwarf-flowered heartleaf Hexastylis naniflora T Yes May Affect-Likely to Adversely Affect Small whorled 0 oma Isotria medeoloides T Yes No Effect White irisette Sisyrinchium dichotomum E No No Effect Rock gnome lichen G noderma lineare E No No Effect E- Endangered, T- Threatened Field surveys for protected species were conducted in April and May 2003. No habitat exists in the project area for either white irisette or rock gnome lichen. The proposed project will have "No Effect" on either of these federally-protected species. Field surveys for small whorled pogonia were conducted during late April through mid-May 2003. Appropriate habitat for this species was, found in several areas within the study area; however no individuals of this species were located. No known recent occurrence of small whorled pogonia has been reported by the NC Natural Heritage Program in the project vicinity. Due to the presence of appropriate habitat, but no occurrence of the species within the project area, a biological conclusion of "No Effect" is appropriate for small whorled pogonia. No caves, mines, or other suitable shelters for hibernation (hibernacula) for the Indiana bat are present within the project study area, however appropriate roosting habitat is present. The closest known hibernacula is more than 100 miles northwest of the study area. No known occurrence of Indiana bat has been reported within the project vicinity. Due to the presence of appropriate roosting habitat, but the absence of hibernacula, the proposed project may affect, but is unlikely to adversely affect the Indiana bat. In order to minimize potential effects on this species, the cutting of dead trees with exfoliating bark should only be undertaken during the bats' hibernation period. A biological conclusion of "May Affect, Not Likely to Adversely Affect" is appropriate for Indiana bat. Concurrence from the US Fish and Wildlife Service will be obtained on this biological conclusion prior to completion of the final environmental document. The NC Natural Heritage Program records three occurrences of dwarf-flowered heartleaf in the project vicinity. Field surveys for this species were conducted in late April through mid-May 2004, when this species was in flower. Suitable habitat was encountered in many places within the study area and seven previously undocumented populations of dwarf-flowered heartleaf were identified. Individuals were in flower at each location, and all populations seemed healthy and vigorous. Table 14 lists the number of plants and the size (area) of the population sites discovered during the field investigation. The population boundaries always extended beyond the limits of 25 the study area, therefore the total area of the population as well as the area of the population within the study area is included. Table 14 Population Data for Dwarf-flowered Heartleaf Within the Prniant Q+v-A . A....., Population Site Number -- Subpopulation (if applicable) ? Approx. Number of Plants .....au cal ca Size of population in study area acres Total size of population (acres) 1 --- 250 0.002 3.01 2 A west 75 0.26 0.26 B east 25 0.05 0.05 3 A west 25 None 0.05 B east 50 None 0.04 4 --- 20 None 0.02 5 A west 300-400 0.46 5.09 B east 100 0.50 2.02 6 A west 10 0.07 0.09 B east 10 0.03 0.05 7 --- 75-100 0.06 0.23 Total 940-1065 1.43 10.91 It is anticipated the proposed project will affect sites containing dwarf-flowered heartleaf. Therefore, it can be concluded the proposed project may affect and is likely to have an adverse effect on this federally-protected .species. Additional coordination with the US Fish and Wildlife Service regarding the project's potential effects on the federally-protected dwarf-flowered heartleaf will be conducted prior to completion of the final environmental document for this project. b. Federal Species of Concern and State Listed Species Federal Species of Concern (FSC) are not legally protected under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Table 15 presents Federal Species of Concern listed for Rutherford County and their state classifications. Organisms listed as Endangered (E), Threatened (T), or Special Concern (SC) on the North Carolina Natural Heritage Program list of Rare Plant and Animal Species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. However, the level of protection given to state-listed species does not apply to NCDOT activities. 26 Table 15. Federal Sneciec of CnnrPvn !MCI i .o+oA 4 D,.al,, ..e ?a p Common Name Cerulean Warbler Scientific Name Dendroica cerulean NC Status SR Potential Habitat No Eastern small-footed m otis otis leibii SC Yes (roosting) Green salamander Aneides aeneus E No Northern pine snake Pituophis melanoleucus melanoleucus SC^ No Southern Appalachian woodrat Neotoma oridanahaematoreia SC No Diana Fritill S e eria diana SR** Yes Butternut Ju lans cinerea * Yes Carolina saxifrage Saxi a a mille olium SR-T No Divided-leaf ragwort Packera mille olium T No Granite dome goldenrod Solids o simulans S 1 # No Mountain catchfl Silene ovata SR-T_ No Sweet inesa Monotro sis odorata SR-T Yes E- Endangered, T- Threatened, SR- Significantly Rare, SC- Special Concern, SR-T- Rare throughout its range. S 1- critically imperiled * - No longer tracked by NCNHP ** - Occurs on NCNHP list but not on USFWS list # - Not listed as a FSC on NCNHP list ^ - Obscure record - Historic record (last observed over 20 years ago) No FSC species were observed during the site visit; however, one is recorded by the NC Natural Heritage Program as occurring within three miles of the project area. Single-flowered sandwort is reported to be located 2.5 miles east of US 221. This small population of less than 500 plants was last observed in 1992. Brice Rare Plant Site is an Identified Priority Area according to the NCNHP records, and is located approximately 0.75 mile southwest of the US 221 bridge over the Broad River. G. Flood Hazard Evaluation This project is located within the Broad River basin. Rutherford County is a participant in the National Flood Insurance Regular Program. The Broad River and Floyd's Creek are both located within Emergency Flood Hazard Zone A (See Figure 7). It is expected the proposed project will not adversely affect floodplains in the project area. H. Traffic Noise Analysis A traffic noise analysis was performed to determine the effect of the proposed widening on noise levels in the immediate project area. This investigation included an inventory of existing noise sensitive land uses and measurements of ambient (existing) noise levels in the study area. These ambient noise levels were compared with the predicted future noise levels to determine if traffic noise impacts will result from the proposed project. If traffic noise impacts 27 are predicted, noise abatement measures for reducing or eliminating the noise impacts must be considered. The traffic noise prediction model used to predict future noise levels was the TNM 2.1 model. Only preliminary alignments for the studied alternatives were available for use in this noise analysis. The "worst-case" topographical and traffic volume conditions were assumed. In order to determine whether highway noise levels are compatible with various land uses, the Federal Highway Administration (FHWA) has developed noise abatement criteria (NAC) and procedures to be used in the planning and design of highways. These abatement criteria and procedures are set forth in Part 772 of Title 23 of the Code of Federal Regulations. Noise abatement must be considered when a land use is exposed to noise levels approaching or exceeding the FHWA noise abatement criteria and/or the predicted design year noise levels substantially exceed existing noise levels as defined below: Existing Lea(h) 50 or less dBA 51 dBA 52 dBA 53 dBA 54 dBA 55 or more dBA 1. Ambient Noise Levels Substantial Increase if Receptor Experiences Increase of 15 or more dBA 14 or more dBA 13 or more dBA 12 or more dBA 11 or more dBA 10 or more dBA Ambient noise measurements were taken to determine existing noise levels for the identified land uses. The purpose of this noise level information was to quantify the existing acoustic environment and to provide. a base line reference for assessing the impact of future noise levels on receptors in the project area. Existing noise levels in the project area measured at 50 feet from the edge of pavement ranged from 62.3 dBA to 66.6 dBA. A background noise level of 45 dBA was used for the project in areas where traffic noise was not the predominant source. 2. Analysis Results Traffic noise impacts occur when the predicted traffic noise levels either approach or exceed the FHWA noise abatement criteria or substantially exceed existing noise levels. Consideration for noise abatement measures must be given to receptors in the project area when noise impacts are predicted to occur. Table 16 below presents the anticipated noise impacts of the project alternatives. 28 Table 16. AntiClDated Naicp Imnartc of Prninnt A U-44 Section -- - ---- To/From a.a. Alt. A]M_JL""t1v CJ Noise Impacts 1 State Line/SR 2105 East 1 West 3 2 SR 2105/S of SR 2109 East 1 . West 4 3 S. of SR 2109/S of SR 2230 East 2 . West 10 4 S. of SR 2230/SR 2215 East 6 West 6 , East 23' 24 East (46) 25 5 SR 2215/N. of US 74 West 23' 24 West 46' 25 Aii impacted receptors are homes. Shaded alternatives are no longer under consideration. The maximum extent of the 72-dBA noise level contour is 78.5 feet from the center of the proposed roadway. The maximum extent of the 67-dBA noise level contour is 118.7 feet from the center of the proposed roadway. The predicted noise level increases for this project range up to +8 dBA. When real-life noises are heard, it is possible to barely detect noise level changes of 2-3 dBA. A 5-dBA change is more readily noticeable. A 10 dBa change is judged by most people as a doubling or a halving of the loudness of the sound. 'The traffic noise impacts for the "no-build" alternative were also considered. If the proposed widening did not occur, 61 receptors are anticipated to approach or exceed the FHWA NAC. Also, the receptors could anticipate experiencing an increase in exterior noise levels of approximately 3.5 dBA. As previously noted, it is barely possible to detect noise level changes of 2-3 dBA. A 5-dBA change in noise levels is more readily noticed. 3. Noise Abatement Alternatives Traffic noise abatement alternatives considered for this project included highway alignment changes, traffic system management measures, noise barriers and buffer acquisition. Highway Alignment Changes Highway alignment shifts for noise abatement involve moving the proposed highway away from noise sensitive areas. The selection of alternative highway alignments must consider the balance between noise impacts and other engineering and environmental considerations. Due to environmental considerations, changing the highway alignment is not a viable alternative for noise abatement. 29 Traffic System Management Measures Traffic system management measures which limit vehicle type, speed, volume and time of operations are not considered appropriate for noise abatement due to the adverse effect they would have on the capacity and level of service of the proposed roadway. Noise Barriers Partial control of access is proposed for the project, which means most commercial establishments and residences will have direct driveway connections to US 221, and all but one intersection will be at-grade. For a noise barrier to provide sufficient noise reduction it must be high enough and long enough to shield the receptor from significant sections of the highway. Access openings severely reduce the noise reduction provided by the barrier. It then becomes economically unreasonable to construct a barrier for a small noise reduction. Safety at access openings (driveways, crossing streets, etc.) due to restricted sight distance is also a concern. Furthermore, to provide a sufficient reduction, a barrier's length would normally be eight times the distance from the barrier to the receptor. For example, a receptor located 50 feet from the barrier would normally require a barrier 400 feet long. An access opening of 40 feet (10 percent of the area) would limit its noise reduction to approximately 4 dBA. For the reasons explained above, noise barriery-- will not be provided as part of this project. Other Mitigation Measures Considered The acquisition of property in order to provide buffer zones to minimize noise impacts is not considered feasible due to cost. The cost to acquire impacted receptors to establish buffer zones would exceed the abatement cost effectiveness threshold established under NCDOT Noise Abatement Policy. The use of buffer zones to minimize impacts to future development is not recommended because this could be accomplished through land use controls. The use of vegetation for noise mitigation is not considered reasonable due to the amount of right of way required to make vegetative barriers effective. A vegetative barrier would have to be approximately 100 feet wide to provide a 3 dBA reduction in noise levels. A 5 dBA reduction would require an even wider vegetative barrier. The cost of the additional right of way and the plantings for a vegetative barrier would likely exceed the abatement cost effectiveness threshold. Noise insulation was also considered, however, no public or non-profit institutions will be impacted by traffic noise due to this project. 4. Construction Noise The major construction elements of this project are expected to be earth removal, hauling, grading and paving. General construction noise impacts, such as temporary speech interference for passers-by and those individuals living or working near the project, can be expected particularly from paving operations and from earth moving equipment during grading operations. 30 However, considering the relatively short-term nature of construction noise and the limitation of construction to daytime hours, these impacts are not expected to be substantial. The transmission loss characteristics of nearby natural elements and man-made structures are believed to be sufficient to moderate the effects of intrusive construction noise. 5. Summary 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 occurs, no additional noise reports will be submitted for this project. In accordance with NCDOT Traffic Noise Abatement Policy, the Federal/State governments are not responsible for providing noise abatement measures for new development for which building permits are issued after the Date of Public Knowledge. The Date of Public Knowledge is defined as the date of the public hearing for the project or the approval date of the final environmental document (FONSI or ROD), whichever comes later. For development occurring after this public knowledge date, local governing bodies and private landowners are responsible for insuring noise compatible designs are utilized along the proposed facility. I. Air Quality Analysis A microscale air quality analysis was performed to determine future CO concentrations resulting from the proposed highway improvements. "CAL3QHC - A Modeling Methodology For Predicting Pollutant Concentrations Near Roadway Intersections" was used to predict the CO concentration near sensitive receptors. Carbon monoxide vehicle emission factors were calculated for the years 2005, 2010, and 2025 using the EPA publication "Mobile Source Emission Factors" and the MOBILESB mobile source emissions computer model. L Baclu round CO Concentrations The background CO concentration for the project area was estimated to be 1.8 parts per million (ppm). Consultation with the Air Quality Section, Division of Environmental Management (DEM), North Carolina Department of Environment and Natural Resources indicated an ambient CO concentration of 1.8 ppm is suitable for most suburban and rural areas. 2. Air Quality Analysis Results The worst-case air quality scenario was determined to be in the vicinity of the intersection of US 221 and SR 2164. The predicted 1-hour average CO concentrations for the evaluation build years of 2005, 2010, and 2025 are 4.50, 4.60 and 5.00 ppm respectively. Comparison of the predicted CO concentrations with the National Ambient Air Quality Standards (maximum permitted for 1-hour averaging period = 35 ppm; 8-hour averaging period = 31 9 ppm) indicates no violation of these standards. Since the results of the worst-case 1-hour CO analysis for the build scenario is less than 9 ppm, it can be concluded the 8-hour CO level does not exceed the standard. Automobiles are regarded as sources of hydrocarbons and nitrogen oxides. Hydrocarbons and nitrogen oxides emitted from cars are carried into the atmosphere where they react with sunlight to form ozone and nitrogen dioxide. Area wide automotive emissions of HC and NO are expected to decrease in the future due to the continued installation and maintenance of pollution control devices on new cars. Hence, the ambient ozone and nitrogen dioxide levels in the atmosphere should continue to decrease as a result of the improvements in automobile emissions. The photochemical reactions that form ozone and nitrogen dioxide require several hours to occur. For this reason, the peak levels of ozone generally occur 6 to 12 miles downwind of the source of hydrocarbon emissions. Urban areas as a whole are regarded as sources of hydrocarbons, not individual streets and highways. 3. Construction Air Ouality Effects During construction of the proposed project, all materials resulting from clearing and grubbing, demolition or other operations will be removed from the project, burned or otherwise disposed of by the Contractor. Any burning will be performed in accordance with applicable local laws and ordinances and regulations of the North Carolina State- Implementation Plan for air quality in compliance with 15 NCAC 2D.0520. Care will-be taken to insure burning is performed at the greatest distance practical from dwellings and not when atmospheric conditions are such as to create a hazard to the public. Burning will be performed under constant surveillance. Also during construction, measures will be taken to reduce the dust generated by construction when the control of dust is necessary for the protection and comfort of motorists or area residents. 4. SummarK The project is located in Rutherford County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR part 51 and 93 are not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. J. Hazardous Material Involvement and Underground Storage Tank Facilities Twenty three sites were identified in the project study area that might contain hazardous materials. Twenty one of these sites are underground storage tank facilities, one property is an automobile repair facility and one landfill is located in the project area. Table 17 below describes these sites. 32 Table IT PntpntC,mlh, f ....?.....:....a a c_.__ _ Project Sit U, «s .,, rru ect area e Section No. Site Name Type of Site Location R/W Required? 1 1 Ledbetter Used Cars UST E. Side of US 221, 175' No N. of State Line 1 2 WWW Motors UST E. Side of US 221, 0.2 Yes mi. S. of CC&O RR. 1 3 Sonny's Stop & Shop UST E. Side of US 221, just Yes N. of SR 1113 2 4 Former Hind's Store UST E. Side of US 221, just Yes S. of SR 2102 2 5 Former Gas Station UST E. Side of US 221, S. of Yes Broad River 2 6 Former Gas Station UST W. Side of US 221, S. of Yes Broad River 3 7 Former Camp's Service UST E. Side of US 221, Yes Station Just N. of SR 2109 3 8 Former Huskey's Exxon UST E. Side of US 221, Just Yes S. of SR 2211 3 9 Crossroads Restaurant UST E. Side of US 221, Yes Just N. of SR 2211 3 10 Former Gibson Store UST W. Side of US 221, 325' Yes S. of SR 1117 3 11 Former Deadmon's UST E. Side of US 221, 0.4 Yes Groce mi. N. of SR 2211 3 12 Childees Quick Mart UST E. Side of US 221, 250' Yes N. of SR 2210 4 13 Henson Landfill Landfill E. Side of US 221 1200' No east of US 221 4 14 Harris Space #10009 UST W. Side of US 221, 200' Yes N. of SR 1111 4 15 Robbins Brick & Block UST W. Side of US 221, Yes 200'N. of SR 1111 4 16 NuWay Transport UST E. Side of US 221, Yes 500'S. of SR 2151 5 17 Jim Cole & Sons UST E. Side of US 221, Just Yes Towing N. of SR 1118 5 18 Former Gas Station UST W. Side of US 221, Just Yes N. of SR 1118 5 19 Former Gas Station UST E. Side of US 221, Just Yes N. of SR 2152 5 20 Danieltown Tire Garage W. Side of US 221, Yes Across from SR 2169 5 21 Donna's Quick Mart #2 UST E. Side of US 221, Just - Yes North of SR 2169 NW Quadrant of Yes 5 22 Melton's Grocery UST SR 2169/SR 2213 Intersection 5 23 Johnny Mayse Mfg. Inc. UST E. Side of US 221, Just Yes N. of SR 1150 33 The proposed project will likely require right of way from 21 of the potentially contaminated properties. Preliminary site assessments to identify the nature and extent of any contamination will be performed on these sites prior to right of way acquisition. These sites are shown on Figure 8. VII. COMMENTS, COORDINATION AND PUBLIC INVOLVEMENT A. Citizens Informational Workshop A citizens informational workshop for the project was held on March 19, 2002 at Harris Elementary School. The purpose of the workshop was to gather citizen's input prior to the design of the project. Detailed information regarding possible effects on homes and businesses was not yet available. Citizens were encouraged to complete comment sheets and provide NCDOT with their input to aid in the planning and design process. Approximately 227 persons attended the workshop. Many of the questions heard at the workshop concerned the project's schedule and the project's likely effects on individual properties. Several citizens expressed support for the project. B. Public Hearin A public hearing will be held for this project following approval of this document and prior to right of way acquisition. The alternatives still under consideration for the project will be presented to the public for comments at the hearing. The recommended alternative for the project will be selected following the hearing. Citizen comments will be taken into consideration in the selection of a recommended alternative. C. NEPA/404 Merger Process This project has followed the NEPA/404 merger process. The merger process is an interagency procedure integrating the regulatory requirements of Section 404 of the Clean Water Act into the National Environmental Policy Act (NEPA) decision making process. This project is State funded and follows the State Environmental Policy Act (SEPA). This project follows NEPA for purposes of the merger process only. Representatives of the US Army Corps of Engineers and NCDOT served as co-chairs for the merger team. The following agencies also participated on the NEPA/404 merger team for this project: US Fish and Wildlife Service - Asheville US Environmental Protection Agency NC Department of Cultural Resources _ NC Division of Water Quality 34 NC Wildlife Resources Commission National Park Service The merger team has concurred on the purpose and need, alternatives to be studied in detail and wetlands/streams to be bridged. The merger team will select the least environmentally damaging preferred alternative for the project following the public hearing. The team will also discuss and concur on further avoidance and minimization measures following selection of the preferred alternative. D. Other Coordination NCDOT has coordinated with appropriate federal, state and local agencies throughout the project development study. Comments on the project have been requested from the agencies listed below. Asterisks indicate a response was received. Copies of the comments received are included in Appendix A. *US Department of the Army - Corps of Engineers (Wilmington District) US Environmental Protection Agency *US Fish and Wildlife Service - Asheville US Geological Survey *NC Department of Administration - State Clearinghouse *NC Department of Cultural Resources-State Historic Preservation Office *NC Department of Environment and Natural Resources-DENR DENR-NC Division of Water Quality *DENR-NC Wildlife Resources Commission Mayor of Rutherfordton Mayor of Spindale Rutherford County Manager 35 FOREST CITY END PROJECT u V 1 ` O 74 74 ' 221 V / ? 221 1207 - 2152\ A - 1 , 161 21 165 I ISa J `I 1139 1138 215 2148 1 C c Y- W` Ilia 21 127 J 15 214 21 1132 w1 1 1 751 -1 2146 128 , 11°6 ?• ,730v 221 11- 221 2117 H El R F, CIR D 0 FR r, O 1195 1 1119 \ 2230 125 i 1106 . -?` 1 211 e I^ f o 2210 1214 \ CQn u 1126 n o D ?? • - C L 1106 _ _ ,'? 11 16 , . ,? ,/'• 1112 1125 • 1123 116 ,•?'-?. l X11 2114 0 2109 109 RNEf 1103 1104 1124 1112 / '2y I'?• Sw:w. 0 - -?_ 02 $ i • ~ 1105 . _ \ 1111 • BROAD ?, 21 - ?_ 1104 2102 1108 N. C ' 21 ' 21 _ p g Ilao 1102 . f2103 / S c 1110 •1111 I 4 2104 - ? - . _ 1113 2106 2105 RIA RTA NRU tO COUNTY BEGIN PROJECT . S O U T H p 221 N A 1 `1?lRO I( MILES 1 0 I 2 3 1 0 I 2 3 4 5 KILOMETERS NORTH CAROLINA DEPARTAAENT OF TRANSPORTATION i DIVISION OF HIGHWAYS 6 PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH US 221 SOUTH CAROLINA STATE LINE TO US 74 BYPASS RUTHERFORD COUNTY TIP PROJECT R-2233A FIGURE I y S + sac '? h ? <j+I? a ?jjY ? ? -: - x. .. ?qy ? '' ?? 1. ?'?r? ? ? ?6i ?€,q' ???'I? _ k?t?}?!F 3? ? .g?