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HomeMy WebLinkAbout20041053 Ver 2_Application_20111222� �r - � � 5�3 � � � STV/R�I�h i�ciitehead Ass.�cr�tes lYN�C Blue L�ne Exteros�on Pro�ect Office S 0 D E a s t 4 t h S t r e e t Charfatte No th Carolrna 28202 (78�#j 432 259A �ax �T04) �32 2593 To N(, Dept of Environ & Nah�ral Res DWQ 512 N Sal�sbury St 9th Floor Rale�gh NC 27604 Transmattal No 01409 ��� � � � il� �� =zi Date 12/21/2011 Job No 2513745 WBS 06 24 Water Resources Attenhon Ian McM�llan Reference Sect�on 404/401 Permit Apnlicahon WE ARE SENDING � Attached � Separate Cover V�a �/�� � Shop Drawmgs � Pnnts � Samples � Change Order v �pl / D� d/ � o �2 z ��D � Letter � Pians � Spec�ficat�ons � � Other CD check FNR �j% ACTION Appro ed as S:�hmitled Fo Yottr Use For A iova! ��OS��S 0 RQ�'��7Y ❑ � � PP R���R�q� � Appro ed as Noted � As Rey��esled � For Revtcnv and Commeitt -"'��/ Item No Rev No Quantity Descr�pt�on Achon Code 1 1 1 CD of LYNX BLE Ind�v�dual Permrt Apphcat�on Rev 00 dated December For Your Use 21 2011 2 5 Hard Cop�es of LYNX BLE Individuat Permrt Apphcat�on Rev 00 dated For Approval December 2] 20t 1 3 1 Check for appl�catton fee m the amount of $570 00 For Your Use Remarks Ian Attached please find five copies of the LYNX BL� Ind�v�dual Permrt Apphcat�on for processmg Please do not hesrtate to contact M�chael Tagnocco �f you need addit�onal mformat�on We look forward to workmg wrth you m the pern»ttmg process Cop�es Kelly Goforth F�le Copy Bob Baughman Exp d t� S�gned � � R bert ghman P E an employee owned conrpany proveding qualrtv serv�ce �rnce 19J2 Corps Submittal Cover Sheet Please provide the following information: 1. Proj ect Name _LYNX Blue Line Extension Northeast Corridor Li�ht Rail Proj ect 2. Name of Property Owner/Applicant:_Charlotte Area Transit Svstem 3. Name of Consultant/Agent: STV/Ralph Whitehead Associates *Agent Authorization needs to be attached. 4. Related/Previous Action ID number(s):_200901062 5. Site Address: North Trvon Street 6. Subdivision Name: N/A 7. City: 8. County. Mecklenbur� 9. Lat: _35.226948° N Long: _-80.838727° W (At south end start to) Lat: _35.312192° N Long: _-80.735289° W (at north end terminus) 10. Quadrangle Name: Charlotte East, Derita and Harrisbur�, NC 11. Waterway: Little Su�ar Creek and unnamed tributaries, unnamed tributaries to Briar Creek, unnamed tributarv to Dobv Creek, Tobv Creek and unnamed tributaries. 12. Watershed: Catawba and Yadkin Pee-Dee 13. Requested Action: Nationwide Permit # General Permit # Jurisdictional Determination Request Pre-Application Request X Individual Permit -----------------� ----------------------------------------------------------------- The following information will be completed by Corps office: � I� Prepare File Folder Assign Number in ORM Begin Date Authorization: Section 10 Section 404 Proj ect Description/Nature of Activity/Proj ect Purpose: Site/Waters Name: Keywords: � �{- December 21, 2011 Via FEDERAL EXPRESS U.S. Army Corps of Engineers Ashevilie Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Attention: Ms. Amanda Jones Subject: Request for Individual Permit LYNX Blue Line Extension Northeast Corridor Light Rail Project City of Charlotte, Mecklenburg County, NC USACE Action I.D. #200901062 STV/RWA Project No. 2513745 Dear Ms. Jones: On behalf of the Charlotte Area Transit System (CATS), in cooperation with the Federal Transit Administration (FTA), SN/Ralph Whitehead Associates, Inc. (SN/RWA) is requesting authorization under a Section 404 Individual Permit for unavoidable impacts to jurisdictional wetlands and/or waters of the United States associated with the above referenced project. CATS is proposing the transit improvements in the Northeast Corridor of the Charlotte-Mecklenburg region that includes the LYNX Blue Line Extension Northeast Corridor Light Rail Project (LYNX BLE) which would extend the existing LYNX Blue Line from the East 7�h Street terminus, approximately 9.4 miles to the University of North Carolina at Charlotte. CATS has contracted SN/RWA to be the acting agent and perform wetland-permitting services for this project. Enclosed, please find a permit request package that includes: an ENG Form 4345 (Attachment A); Addresses of Adjoining Property Owners (Attachment B); Figures and Permit Drawing Sheets (Attachment C); Photographs of the jurisdictional features present within the study area (Attachment D); Agency Correspondence (Attachment E); Alternatives Analysis (Attachment F); Indirect Cumulative Effects Assessment (Attachment G); and General Construction Sequence (Attachment H). Additional detailed information regarding the LYNX BLE project can be found in the Final Environmental Impact Statement (EIS) completed in August 2011 that has been prepared for the project. The Final EIS has been distributed to the United States Army Corps of Engineers (USCOE) in addition to other Federal, State and local regulatory agencies with jurisdictional authority over the project. CATS understands its responsibility in providing all required information to constitute a complete notification and any compensatory mitigation necessary to comply with the USCOE, Wilmington Regulatory DistricYs requirements. Furthermore, CATS will ensure compliance with the terms and conditions of the approved permit. As necessary, CATS will obtain and provide the USCOE with all appropriate state certifications, including the North Carolina Division of Water Quality 401 Water Quality Certification. A pre-application meeting was held with you and other USCOE representatives and the North Carolina Division of Water Quality (NCDWQ) on October 20, 2011 at the CATS offices in Charlotte. This meeting was attended by CATS, Charlotte Mecklenburg Storm Water Services, the FTA as well as STV/RWA and their subcontractors. The current project scope, permit application materials, project schedules, project impacts and mitigation were discussed. 1000 WEST MOREHEAD STREET, SUITE 200 AN EMPLOYEE-OWNED COMPANY PROVIDING QUALIT"Y SERVICE SINCE 1912 ' CHARLOTTE, NC 28208 ! 704-372-1885 FAX: 704-372-3393 Construction activities associated with the proposed project would result in unavoidable permanent impacts to jurisdictional waters of the U.S., including cut and fill impacts to freshwater wetlands and streams (RPW's). The project would result in impacts to waters of the U.S. totaling 3,312 linear feet of stream and 0.524 acre of wetlands. These impacts are necessary for the widening of the existing railroad embankment, piping of streams, riprap protection and new access roadways. To compensate for wetland impacts, CATS proposes to purchase the required credits from the USCOE-approved Charlotte Umbrella Bank for impacts to streams in combination with the North Carolina Ecosystem Enhancement Program (EEP) In-Lieu Fee for wetland impacts. A total of 3,312 linear feet of stream mitigation credits will be required for permanent project impacts. Stream impacts requiring mitigation in the Lower Catawba River Basin will total 3,268 linear feet, and stream impacts requiring mitigation in the Yadkin-Pee Dee River Basin will total 44 linear feet. A total of 1.25 acres of wetland mitigation credit will be required for permanent project impacts. Wetland impacts requiring mitigation in the Lower Catawba River Basin will total 0.754 acre and wetland impacts requiring mitigation in the Yadkin-Pee Dee River Basin will total 0.057 acre. One acre of credit will be purchased from the EEP for impacts in the Lower Catawba River Basin and 0.25 acre of credit will be purchased from the EEP for impacts in the Yadkin-Pee Dee River Basin. STV/RWA, on behalf of CATS, is requesting that the USCOE extend the timeframe for this requested Individual Permit to a period of time beyond the standard five-year expiration date. Due to the complexities of the proposed LYNX BLE, it is possible that unanticipated delays may occur that would affect the project schedule. CATS is requesting an Individual Permit that is valid for ten years to prevent any additional issues and delays if the project schedule were to be extended beyond the currently planned completion of 2016. On behalf of CATS, we hereby request that this project be authorized under an Individual Permit. Sincerely, STV/ LPH WHITEHEAD ASSOCIATES �� Brandon Phillips, C.H .M. Sr. Environmental Specialist Attachments: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Attachment H: Michael A. lag c, P.W.S. Senior Scienti ENG Form 4345 Addresses of Adjoining Property Owners Figures Photographs Agency Correspondence Alternatives Analysis Indirect Cumulative Effects Assessment General Construction Sequence cc: Kelly Goforth, CATS lan McMillan, DWQ (5 copies) ��F'�'�� : fiG9'//fli7 ' 4RFi} 77R.4�L5JT 5F ���fJ LYNX Blue Line Extension (Northeast Corridor) Light Rail Project Contract #: 08-477 W BS #: 6.24 Req uest for I nd ivid ual Perm it Prepared by: STVIRaI�h �Vhitehead Ass��: _ =�tes 1000 W. Morehead Street, Suite 200 {�- Charlotte, NC 28208 �� - `� F, �� � Prepared for: _y `_ �- ,� City of Charlotte f � - �, Charlotte Area Transit System Project #: 2513745 December 21, 2011 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension TABLE OF CONTENTS COVER LETTER REQUEST FOR INDIVIDUAL PERMIT 1.0 PROPOSED PROJECT BACKGROUND AND DESCRIPTION ..........................1 2.0 PROPOSED PROJECT LOCATION ...................................................................2 3.0 PURPOSE AND NEED .......................................................................................3 4.0 JURISDICTIONAL WATERS OF THE U.S ..........................................................5 4.1 Jurisdictional Streams ....................................................................................6 4.2 Jurisdictional Wetland Areas ..........................................................................8 5.0 IMPACTS TO WATERS OF THE U.S . ..............................................................10 6.0 AVOIDANCE, MINIMIZATION AND MITIGATION ............................................14 7.0 PROTECTED SPECIES ....................................................................................22 8.0 STORMWATER MANAGEMENT ......................................................................26 9.0 ALTERNATIVES ANALYSIS ............................................................................29 10.0 INDIRECT CUMULATIVE EFFECTS ................................................................29 11.0 CULTURAL RESOURCES ................................................................................30 12.0 CLOSING ..........................................................................................................35 ATTACHMENT A: ENG FORM 4345 ATTACHMENT B: ADDRESSES OF ADJOINING PROPERTY OWNERS ATTACHMENT C: FIGURES ATTACHMENT D: PHOTOGRAPHS ATTACHMENT E: AGENCY CORRESPONDENCE ATTACHMENT F: ALTERNATIVES ANALYSIS ATTACHMENT G: INDIRECT CUMULATIVE EFFECTS ASSESSMENT ATTACHMENT H: GENERAL CONSTRUCTION SEQUENCE December 2011 Page i Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit TABLES Table 1: Table 2: Table 3: Table 4: Table 5: Table 6: Table 7: Table 8: Table 9: Table 10 Goals and Objectives for the LYNX BLE ....................................................4 Summary of Estimated Stream Impacts ...................................................14 Summary of Estimated Wetland Impacts ..................................................14 Stream Impacts in the Lower Catawba River Basin ..................................19 Wetland Impacts in the Lower Catawba River Basin ................................20 Stream Impacts in the Yadkin-Pee Dee River Basin .................................21 Wetland Impacts in the Yadkin-Pee Dee River Basin ...............................21 Federal and State-Listed Species in Mecklenburg County ........................23 Federally Endangered/Threatened Species in Mecklenburg County .........24 Summary of Potential Historic Resource Impacts .....................................32 December 2011 Page ii Rev. 00 LYNX Blue Line Extension Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension 1.0 Proposed Project Background and Description The Charlotte Area Transit System (CATS) proposes to extend the existing LYNX Light Rail service from its terminal station at the 7th Street Station to the northeast to the University of North Carolina at Charlotte (UNC Charlotte) campus. This project is located within the City of Charlotte and Mecklenburg County, North Carolina. CATS and the Federal Transit Authority (FTA) are the joint lead agencies for the project, which is currently in the 65% design phase of project development. CATS is seeking federal funding through the FTA's discretionary Section 5309 New Starts grant program (49 USC§5309). A Notice of Intent to conduct an Alternatives Analysis and to prepare an Environmental Impact Statement (EIS) was published in the Federal Register on September 29, 2000. The Final EIS for the project has been completed and the Final EIS was published by the FTA in August 2011 and has been distributed to the regulatory agencies including the United States Army Corps of Engineers (USCOE) and the North Carolina Department of Environmental and Natural Resources (NCDENR) Division of Water Quality (NCDWQ). The proposed project would extend the existing LYNX Blue Line light rail system by approximately 9.4 miles and provide 11 transit stations, including seven walk-up stations and four stations with park-and-ride facilities, as well as a feeder bus system to support the light rail system. The proposed alignment would begin at the LYNX 7th Street Station and travel along CATS-owned right-of-way until approximately 12th Street where it would cross over the CSX rail tracks and then enter the existing Norfolk Southern and North Carolina Railroad (railroad) rights- of-way to the middle of the alignment, near Old Concord Road, where it would then transition into the median of North Tryon Street/US-29. The line would remain in the median until approximately 1,000 feet north of the existing entrance to UNC Charlotte's Charlotte Research Institute, where it would enter the campus crossing under the existing travel lanes of North Tryon Street/US-29. The proposed project would terminate at the UNC Charlotte Station (Attachment C- Figure 1). The project would be designed to accommodate two light rail tracks, one for northbound service and one for southbound service. In general, the tracks would be located at-grade. Some portions would be elevated to go over existing freight tracks, water features or roads. The proposed LYNX Blue Line Extension Northeast Corridor Light Rail Project (LYNX BLE) would include the depression of 36th Street under the existing railroad freight tracks and the proposed light rail tracks. A depression of the light rail tracks under the existing northbound travel lanes of North Tryon Street/US-29 would also occur where the alignment turns southeast to enter the UNC Charlotte campus. Sugar Creek Road would be depressed under or carried over the existing railroad tracks as planned and undertaken as a separate project by the North Carolina Railroad (NCRR) and North Carolina Department of Transportation (NCDOT) Rail. At this time, it is anticipated that the proposed LYNX BLE Project would be at existing grade with Sugar Creek Road elevated. CATS, NCRR and NCDOT Rail have agreed on the layout of the tracks to accommodate existing freight, passenger rail, and new tracks for the LYNX BLE, as well as future high speed rail. As part of the development of the lease agreement to operate light rail in the NCRR corridor, CATS was required to consider the ultimate cross-section. This cross-section required the separation between freight and light rail, and also determined the location of the light rail tracks. Due to safety considerations for the customers using the transit system, the light rail tracks are placed on the outer edge of the existing corridor. The proposed LYNX BLE Project and future high speed rail are independent, separate and complete projects. The timing of the high speed rail is unknown at this time. December 2011 Page 1 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Additionally, a multi-use path would be constructed between Sugar Creek Road and the Old Concord Road Station to allow safe pedestrian and bicycle access along this portion of the alignment. The approximate 1.2-mile multi-use path was initially proposed in April 2011, as a result of the City's Northeast Corridor Bicycle Vision Study. Based on current conceptual design, the multi-use side path would be constructed parallel to the light rail between the Sugar Creek and Old Concord Road Stations. The path would facilitate bicycle and pedestrian connectivity to the light rail stations and maintenance access by providing a direct connection between stations. The 12' to 14' wide path would include a full paved section, or incorporate a shoulder with a grass strip or fence depending on the surrounding constraints and drainage issues. A fence would be constructed along the entire section separating the light rail tracks and the multi-use path. The multi-use path follows, for a majority of the corridor, the grade of the proposed LYNX BLE. It is further anticipated that the majority of the multi-use path would be designed within the right-of- way for the LYNX BLE. The National Environmental Policy Act (NEPA) Record of Decision (ROD) for the Final EIS was signed on December 5, 2011 and has been posted for public review on the CATS website at http://charmeck.org/city/charlotte/cats/planning/BLE/Pages/FEIS.aspx. Publication of the ROD in the Federal Register is pending. CATS anticipates that it will receive approval to enter final design in May of 2012, and the design will be refined through May of 2014. The construction of the LYNX BLE is scheduled to begin in September of 2013 and is expected to continue into September of 2016. It is anticipated that the LYNX BLE will be constructed in three segments concurrently. CATS anticipates that the LYNX BLE will be operating and collecting revenue by late 2016 or early 2017. 2.0 Proposed Project Location The proposed LYNX BLE is located entirely within the Charlotte Belt of the Piedmont Physiographic Province of North Carolina, which is characterized by broad, gently rolling interstream areas and by steeper slopes along drainageways. Based on topographic mapping (Attachment C— Figures 2-A through 2-F), elevations in the study area range from approximately 580 feet above National Geodetic Vertical Datum (NGVD) to 800 feet NGVD. The highest elevations in the study area are located along North Tryon Street/US-29 east of the proposed Old Concord Road Station. The lowest elevations in the study area are located at the proposed crossing at Toby Creek. According to the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS), the study area contains four interspersed general soil types: Cecil, Cecil-Urban, Wilkes- Enon and Monacan, with small pockets of other soil types, such as Mecklenburg, Pacolet and Helena (Attachment C— Figures 3-A through 3-G). These soils formed in residuum from acid igneous and metamorphic rock. Cecil soils are gently sloping to strongly sloping, well-drained upland soils that have a clay loam surface layer and predominantly clayey subsoil. Historical uses for this soil group include cropland or pasture. The woodland potential productivity is listed as moderate with clay being the major limitation. These soils are generally found in the central portion of the study area. Cecil-Urban soils are found in nearly level to strongly sloping urban areas. These soils are well- drained upland soils that have a clay loam surface layer and clayey or predominantly clayey subsoil. These soils are used almost entirely for urban development and do not have a woodland rating. This mapped soil unit is generally found in the southern portion of the study area. December 2011 Page 2 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Wilkes-Enon soils are gently sloping to steep, well-drained soils that have predominantly clayey subsoil. These soils formed in residuum from diorite, hornblende schist and other basic rock, or from mixed acidic and basic rock. These soils are used mainly as pasture and woodland. Erosion, slope and the depth to bedrock are the main limitations. The woodland potential productivity is listed as moderate. This mapped soil unit is generally found in the northern portion of the study area. Monacan soils are nearly level, somewhat poorly drained soils that have a sandy loam surface layer and clayey or loamy subsoil formed in fluvial sediment on floodplains. Historical uses for this soil group include cropland or pasture. The woodland potential productivity is listed as very high with clay being the major limitation. This soil type is on the hydric soils list for the County because of hydric inclusions of Wehadkee undrained soils. These soils are generally found in the northern portion of the study area in the Toby Creek floodplain. Helena soils are moderately well-drained soils on broad ridges, gentle side slopes and in depressions and low areas around the heads of drainageways. The surface layer is light olive brown sandy loam. These soils have a low potential for most urban uses and moderate-to-high potential for woodland and crops. This soil type is on the hydric soils list for Mecklenburg County because of hydric inclusions of Wehadkee undrained soils and Worsham undrained soils. These soils are generally found in the area of the Sugar Creek Station proposed park-and-ride lot, the Old Concord Road Station proposed park-and-ride lot and along the railroad right-of-way between the Sugar Creek Station proposed park-and-ride lot and the Old Concord Road Station proposed park-and-ride lot. Mecklenburg soils are nearly level to strongly sloping, moderately well-drained and well-drained soils that have predominantly clayey subsoil. The surface layer is dark reddish brown fine sandy loam and the subsoil is yellowish red clay. Mecklenburg soils are mainly used as cropland and pasture with erosion and wetness being the main limitations for farming. This unit has a moderate potential for woodland. These soils are generally found in areas along the railroad right-of-way between the Sugar Creek Station proposed park-and-ride lot and the Old Concord Road Station proposed park-and-ride lot. Pacolet soils are gently sloping to steep, well-drained soils that have predominantly clayey subsoil. The moderately steep to steep Pacolet soils are adjacent to drainageways. The surface layer is very dark grayish brown sandy loam and the subsoil is red clay or clay loam. Pacolet soils are mostly in the forest. Erosion and slope are the main limitations to development. These soils are generally found south of and adjacent to the study area near the northern and southern termini of the project corridor, respectively. Wilkes soils are gently sloping to steep, well-drained upland soils that have a loamy surface layer and clayey subsoil. Historical uses for this soil group include woodland or pasture. The woodland potential productivity is listed as moderate, with insignificant limitations or restrictions. These soils are generally found in the area of the UNC Charlotte campus. 3.0 Purpose and Need The purpose of the proposed LYNX BLE is to ensure future mobility by providing a transportation alternative in a highly congested travel corridor and to support the region's land use policies and goals for a sustainable growth and development pattern. The proposed project would provide high-capacity, fixed guideway transit service in the corridor. This new service would offer a convenient, time-competitive travel alternative and reduce dependence on single-occupant December 2011 Page 3 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension automobiles. As an extension of the LYNX Blue Line, the proposed project would enhance the operating effectiveness of CATS' light rail service and leverage the public investment already made in the South Corridor. The proposed project would also support the Centers, Corridors and Wedges Growth Framework (August 2010) for the Charlotte-Mecklenburg region. As envisioned in the region's combined transit and land use plans, future development would be focused into areas that can support new development or are in need of redevelopment and away from areas that cannot support new growth. The highest density development would be encouraged around light rail stations. By focusing future growth in corridors with multiple travel alternatives, the region would be able to grow in a manner that promotes continued access and mobility and that enhances the quality of life for residents and employees. Specifically, the land use and environmental goals and objectives of the project reflect the regional and corridor needs and are based on the principles developed for the integrated transit and land use plans. The project goals and objectives are detailed in Table 1. Table 1 Goals and Objectives for the LYNX BLE Goals Ob'ectives Land Use . Provide improvements that are consistent with land use plans Support the region's Centers, and policies. Corridors and Wedges Growth . Provide improvements that are compatible with existing or Framework desired community character as well as neighborhood preservation. • Provide connections to transit-supportive areas. • Support existing and planned land use patterns. • Promote transit-supportive development within station areas. • Provide a strong link to integrating land use and transportation. • Promote growth in an area that can support new development and awa from areas that cannot su ort new rowth. Mobility . Offer people a choice in meeting mobility needs. Improve access and mobility in the . Reduce dependence on grid-locked roadways. corridor and throughout the region; . Increase transit ridership. Increase transit ridership; . I ncrease transit mode share. Improve quality of transportation . Provide travel time savings. service . Provide service for transit dependent populations. • Provide connections to activity centers, special event venues, and cultural sites. • Im rove convenience and reliabilit of transit service. Environment . Minimize disruptions to communities. Preserve and protect the . Minimize negative effects on natural resources. environment . Minimize negative effects on cultural resources. • Support air quality improvements. • Su ort sustainable rowth in the re ion. Financial . Ensure capital and operating and maintenance costs are Develop affordable, cost-effective consistent with funding levels. transportation solutions . Minimize operating and maintenance costs. • O timize cost-effectiveness. System Integration . Develop improvements that provide through-service and Develop transportation connections to other corridors. improvements that function as part . Ensure operating efficiency. of the larger transportation system . Balance use of s stem ca aci . December 2011 Page 4 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension The City of Charlotte, North Carolina is at the heart of the rapidly growing Charlotte-Mecklenburg region, which boasts one of the most robust economies in the United States. Charlotte serves as the commercial capital of the Carolinas and has become one of the nation's largest banking centers. With its reputation as an excellent place to live and do business, the region is thriving. The last several decades have seen record increases in population and employment, both in Center City Charlotte and in outlying activity centers. A large amount of growth is anticipated for the Charlotte-Mecklenburg region in the next 25 years. Much of the past growth has occurred in a dispersed pattern of jobs and residences with limited connectivity between uses. If future growth follows past development trends, area residents will continue to be dependent on the automobile for their travel needs, and peak period congestion will worsen. This congestion presents a significant threat to mobility, air quality, public safety, economic vitality and the overall quality of life in the Charlotte-Mecklenburg region. Several major roadways and intersections in the Northeast Corridor currently experience peak hour volumes that exceed capacity, including North Tryon Street/US-29, W.T. Harris Boulevard, Sugar Creek Road, Mallard Creek Church Road and University City Blvd./NC-49. Despite widening projects and intersection improvements that are planned or programmed for most of these roadways, peak period congestion is projected to increase significantly. The Northeast Corridor is a heavily traveled transit route, as it provides a vital connection between Center City Charlotte and the University City area. The route along North Tryon Street/US-29 also provides an alternative to travel on Interstate 85 (I-85) between these two activity centers. As of January 2009, there were 16 bus routes operating in the Northeast Corridor, including local bus routes, UNC Charlotte shuttle routes, neighborhood circulator routes and express bus routes. However, existing transit services must operate in mixed traffic on congested roads. This congestion often causes delays to transit service and results in longer transit travel times that cannot provide a time-competitive alternative to auto use. As such, these conditions limit the probability that people with a choice would use transit rather than driving alone. Recognizing the consequences of uncontrolled growth to the region's attractiveness as a place to live and do business, decision-makers initiated efforts to coordinate land use and transportation planning, and encourage growth in a way that will enhance regional mobility. The City of Charlotte and Mecklenburg County adopted the Centers and Corridors Concept Plan (1994) and the updated Centers, Corridors and Wedges Growth Framework (August 2010) to build on the region's existing framework of centers and corridors, focusing future development in these areas and preserving lower density development and open space between corridors. Additional detailed discussion on the Purpose and Need of the proposed LYNX BLE is presented in Chapter 1.0: Purpose and Need of the Final EIS prepared for the project. 4.0 Jurisdictional Waters of the U.S. Field reviews and wetland delineations of the proposed study area, including proposed stations and park-and-ride facility locations, were conducted from September 2008 through February 2009. Additional field reviews for areas added to the project were conducted on June 6, July 21 and 28, October 1, and November 5, 2009. The results of the on-site field review conducted by STV/RWA environmental scientists indicate that there are 14 jurisdictional streams and nine jurisdictional wetland areas located within the study area. Representative photographs of these jurisdictional features are included in Attachment D. Jurisdictional wetland boundaries and other waters of the U.S., including streams and open waters, were delineated and flagged in the field December 2011 Page 5 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension with blue and white striped surveyors tape. The boundaries were approximated with a Trimble GeoXT hand-held GPS unit capable of submeter accuracy and mapped using ArcGIS 9.1 software. Each stream and wetland feature located within the study area is described in the following subsections. All jurisdictional stream and wetland area boundaries have been verified by the USCOE (Action I.D. 200901062). The USCOE Notification of Jurisdictional Determination is included in Attachment E— Agency Correspondence. Drainages were evaluated to determine whether these potential jurisdictional features were Relatively Permanent Waters (RPW, i.e., perennial streams), seasonal RPW's (i.e., intermittent streams), or non-jurisdictional ephemeral, i.e., seasonal or stormwater channels, as defined by the USCOE and NCDWQ guidelines. Stream jurisdictional and non-jurisdictional determinations, as well as the hydrologic classification were field-verified by the USCOE and NCDWQ on July 21, 2009. Subsequent to this agency field review the USCOE issued a Notification of Jurisdictional Determination dated October 21, 2009. Additional properties were added to the study area as a result of proposed project refinements after the Jurisdictional Determination was issued including additional properties at the University City Boulevard (Blvd.) Station. An additional jurisdictional feature was subsequently delineated and this information was transmitted to the USCOE on November 6, 2009. The amended Jurisdictional Determination including the additional jurisdictional feature was issued on November 24, 2009 (Attachment E— Agency Correspondence). Potential wetland communities were first identified by reviewing National Wetlands Inventory (NWI) maps and hydric soil lists for the study area and then by conducting field visits to verify the presence/absence of a wetland. Jurisdictional wetland delineations were performed. Jurisdictional wetlands are defined in the field as areas that exhibit positive evidence of three environmental parameters: hydrophytic vegetation, wetland hydrology and hydric soils. Boundaries of the wetlands were determined through observations of vegetation and surficial hydrology, as well as soil samples. Soil samples were taken where hydrology and vegetation indicated the potential presence of a wetland. Soil samples were evaluated using a shovel to a depth of approximately 16 inches. Soils were compared to a Munsell Color chart (1994) to evaluate chroma values and to note the presence of mottling and oxidized root channels, which indicate the presence of hydric soils. 4.1 Jurisdictional Streams Fourteen stream channels are located within the project corridor. Six of the streams are classified as perennial RPW's, one stream included both seasonal RPW (intermittent hydrology) and RPW (perennial hydrology) reaches, and seven are classified as seasonal RPW's (intermittent hydrology) according to the NCDWQ Stream Identification Forms and regulatory field review. The proposed project corridor is located in two drainage basins, the Catawba and Yadkin-Pee Dee River Basins. The southern portion of the study area (i.e., the portion of the project corridor located south of Eastway Drive) is located within the Lower Catawba portion of the Catawba River drainage basin, which is referred to as the Santee River Basin by the U.S. Geological Survey (USGS). The northern portion of the study area is located within the Rocky River portion of the Yadkin-Pee Dee River drainage basin, which is referred to as the Upper Pee Dee River Basin by the USGS. Major streams in the southern half of the project region (Upper Little Sugar Creek and Briar Creek in the Catawba River Basin) generally flow in a southerly direction, while streams in the northern half of the project region (tributaries to Mallard Creek in the Rocky River portion of the Yadkin-Pee Dee River Basin) generally flow in a northeasterly direction. The eight- digit Hydrologic Unit Code (HUC 8) for the lower Catawba Watershed is 03050103 and the HUC 8 for the Rocky River Watershed is 03040105. December 2011 Page 6 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Stream C(Attachment C- Figure 4) is a perennial RPW and unnamed tributary to Little Sugar Creek located in the Little Sugar Creek Watershed Catawba River Basin. Stream C begins at a pipe culvert that is located under the railroad right-of-way and flows for approximately 306 linear feet southeast from the railroad right-of-way, under North Brevard Street, to Little Sugar Creek (Attachment D — Photograph 1). Stream D(Attachment C- Figure 4) is a seasonal RPW with intermittent hydrology and an unnamed tributary to Stream C located in the Little Sugar Creek Watershed, Catawba River Basin. Stream D begins at a pipe culvert that is located under the railroad right-of-way, becomes intermittent and flows for approximately 396 linear feet northeast to Stream C, parallel to the railroad right-of-way embankment (Attachment D— Photograph 2). Stream F(Attachment C- Figure 5) is a perennial RPW (Little Sugar Creek) located in the Little Sugar Creek Watershed, Catawba River Basin. Stream F flows from north to south for approximately 662 linear feet, across the proposed LYNX BLE Project alignment and under North Brevard Street (Attachment D— Photographs 3 and 4). Stream J(Attachment C- Figure 5) is a perennial RPW and unnamed tributary to Stream F located in the Little Sugar Creek Watershed, Catawba River Basin. Stream J begins at a pipe culvert that is located under North Brevard Street and Matheson Avenue and flows for approximately 103 linear feet to the southwest, north of and parallel to the proposed LYNX BLE alignment into a pipe culvert to Stream K and then to Stream F(Attachment D— Photograph 5). Stream K(Attachment C- Figure 5) is a perennial RPW and unnamed tributary to Stream F located in the Little Sugar Creek Watershed, Catawba River Basin. Stream K begins at a pipe culvert from Stream J and flows for approximately 192 linear feet to the northwest to Stream F. Stream N(Attachment C- Figure 6) is a seasonal RPW with intermittent hydrology located in the Little Sugar Creek Watershed, Catawba River Basin. Stream N begins on the south side of the railroad right-of-way as a detention pond, and flows for approximately 77 linear feet north though a pipe culvert that is located under the railroad right-of-way to Linear Wetland Y(Attachment D— Photograph 6). The primary function of seasonal RPW Stream N is to convey stormwater. Stream A(Attachment C- Figure 7) is both a perennial RPW and seasonal RPW with intermittent hydrology and unnamed tributary to Stream F located in the Little Sugar Creek Watershed, Catawba River Basin. Intermittent Stream A begins at a pipe culvert that is located under North Davidson Street and flows for approximately 791 linear feet as a seasonal RPW with intermittent hydrology to the west, north of and parallel to North Davidson Street as a tributary to the perennial RPW portion of Stream A. At this point, perennial RPW Stream A flows north for approximately 218 feet through a pipe culvert under the railroad right-of-way and continues flowing north and west to RPW Stream F(Attachment D— Photographs 7, 8 and 9). Wetland A is located on both sides of the intermittent portion of seasonal RPW Stream A. Stream B(Attachment C- Figure 8) is a seasonal RPW with intermittent hydrology located in the Little Sugar Creek Watershed, Catawba River Basin. The non-jurisdictional ephemeral west branch of Stream B begins at a twin pipe culvert that is located in the backyard of a residential dwelling on the north side of Bearwood Avenue. The pipe culverts discharge to the north and the stream turns right and flows to the east, south of and parallel to the railroad right-of-way. The seasonal RPW with intermittent hydrology east branch of seasonal RPW Stream B begins from a drainage ditch located near the Howie Acres Park playground off of Howie Circle that collects stormwater and discharges it through a concrete flume to the northwest. At the end of the December 2011 Page 7 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension concrete flume, the intermittent east branch of seasonal RPW Stream B flows northwest for approximately 122 linear feet to join the non-jurisdictional ephemeral west branch of Stream B and drains through a pipe culvert north, under the railroad right-of-way (Attachment D— Photographs 10 and 11). The primary function of seasonal RPW Stream B is to convey stormwater. Stream P(Attachment C- Figure 8) is a seasonal RPW with intermittent hydrology. The two west branches of seasonal RPW Stream P begin at drainage ditches that are located in the back of Raleigh Street industrial facilities on the north side of the railroad right-of way. The drainage ditches flow east, parallel to each other, on either side of a railroad spur, north of and parallel to the railroad right-of-way. The east branch of seasonal RPW Stream P begins from a pipe culvert discharging from a Leafmore Drive residential property. The east branch of seasonal RPW Stream P flows west to join the west branch at a pipe culvert that is the low point in this drainage feature that totals approximately 1,666 linear feet (Attachment D— Photograph 12). The primary function of seasonal RPW Stream P is to convey stormwater. Stream Z(Attachment C- Figure 9) is a seasonal RPW with intermittent hydrology and unnamed tributary to Briar Creek located in the Briar Creek Watershed, Catawba River Basin. Seasonal RPW Stream Z begins as two non-jurisdictional ephemeral drainage ditches on the northwest side of the railroad right-of-way. The non-jurisdictional ephemeral west branch begins as a drainage ditch adjacent to the railroad right-of-way and the non-jurisdictional ephemeral east branch begins at a pipe culvert that is located south of the Old Concord Road Station. The two non-jurisdictional ephemeral branches join and discharge to the south, under the railroad right-of- way through a concrete box culvert that flows as seasonal RPW Stream Z for approximately 84 linear feet to the south (Attachment D— Photographs 13 and 14). Stream E(Attachment C- Figure 10) is a seasonal RPW with intermittent hydrology and unnamed tributary to Briar Creek located in the Briar Creek Watershed, Catawba River Basin. The drainage to Seasonal RPW Stream E begins at a pipe culvert that is located under Old Concord Road and flows as a non-jurisdictional ephemeral drainage channel to the south through the proposed Old Concord Road Station park-and-ride lot. Seasonal RPW Stream E then changes to a stream with intermittent hydrology near Wetland E and flows for approximately 577 linear feet to the south to the railroad right-of-way (Attachment D— Photograph 15). Stream X(Attachment C- Figure 11) is a seasonal RPW with intermittent hydrology and unnamed tributary to Doby Creek located in the Mallard Creek Watershed, Yadkin-Pee Dee River Basin. Seasonal RPW Stream X begins within the wooded area of the western portion of the proposed University City Blvd. Station park-and-ride lot, and flows as an intermittent stream for approximately 622 linear feet northwest through Wetland X and under Ikea Road to Doby Creek. Stream U(Toby Creek) is a perennial RPW tributary to Mallard Creek located in the Mallard Creek Watershed, Yadkin-Pee Dee River Basin (Attachment C- Figure 12). RPW Stream U flows for approximately 768 linear feet across the project corridor and drains to Mallard Creek across the wooded area of the western portion of the UNC Charlotte campus (Attachment D— Photograph 16). 4.2 Jurisdictional Wetland Areas Linear Wetland C(approximately 0.02 acre) is a small, palustrine emergent wetland located west of, adjacent to, and parallel to, the railroad right-of-way south of East 16th Street (Attachment C- Figure 4). This wetland is located within a drainage swale that discharges stormwater from East December 2011 Page 8 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension 16th Street. The wetland is dominated by herbaceous species that include soft rush (Juncus effusus), broom sedge (Andropogon virginicus) and various grasses. This linear wetland drains into a concrete lined stormwater flume and into a pipe culvert that discharges to Stream D, which in turn drains to Stream C(Attachment D— Photograph 17). Linear Wetland Y(approximately 0.14 acre) is a palustrine forested wetland located north of the railroad right-of-way and west of East 36th Street. This wetland is located in a drainage swale between the railroad right-of-way and the commercial industrial buildings located on Cullman Avenue (Attachment C- Figure 6). The wetland is dominated by an overstory of willow (Salix sp.), sweetgum (Liquidambar styraciflua) and red maple (Acer rubrum). Understory shrub species were dominated by Chinese privet (Ligustrum sinense), silky dogwood (Cornus amomum), and American holly (Ilex opaca). Herbaceous species included Japanese honeysuckle (Lonicera japonica) (Attachment D — Photograph 18). Linear Wetland A(approximately 0.012 acre) is a small, palustrine forested wetland located north of the railroad right-of-way and west of E. Craighead Road. This wetland is located in a drainage swale between the railroad right-of-way and the commercial industrial buildings located on E. Craighead Road (Attachment C- Figure 7). The wetland is dominated by an overstory of sweetgum and red maple. Understory shrub species were dominated by silky dogwood and blackberry (Rubus allegheniensis). Herbaceous species included Japanese honeysuckle. Wetland A(approximately 0.22 acre) is a small, palustrine scrub-shrub/emergent wetland located on either side of intermittent Stream A, located north of N. Davidson Street. This narrow wetland is approximately three feet wide (including seasonal RPW Stream A) located in a drainage swale between the railroad right-of-way and N. Davidson Street and was created as a mitigation wetland for a N. Davidson Street drainage improvement project (Attachment C- Figure 7). The wetland is dominated by a shrub layer of willow and silky dogwood. Herbaceous species included cattail (Typha latifolia) and soft rush (Attachment D— Photograph 9). Isolated Wetland P(approximately 0.02 acre) is a small, isolated, palustrine open water/emergent wetland located adjacent to and west of the railroad right-of-way in the backyard of a residential dwelling located at the end of Leafmore Drive. This isolated wetland may be the result of a former excavation and does not possess a significant nexus to other waters of the U.S. Wetland P may have a subsurface connection to Stream P, which is located approximately 25 feet to the northwest (Attachment C- Figure 8). The wetland is primarily an open water system, but has herbaceous emergent vegetation such as sedges (Carex spp.) and woolgrass (Scirpus cyperinus) in the eastern portion (Attachment D— Photograph 19). This wetland does not appear to be directly associated with any stream system, and thus, is considered hydrologically isolated and is not considered jurisdictional by the USCOE. Based on discussions during the pre-application meeting, the NCDWQ will exert jurisdiction over this wetland pursuant to the State's Isolated Wetlands Rules. Isolated Wetland O(approximately 0.16 acre) is an isolated, palustrine forested wetland located behind the Northpark Mall, west of the railroad right-of-way (Attachment C- Figure 9). This wetland is located at the terminus of a stormwater culvert and concrete flume that conveys stormwater away from the Northpark Mall parking lot into what appears to have been a former detention basin that has not been maintained and does not possess a significant nexus to other waters of the U.S. since there is no apparent outlet. The overstory of this wetland is dominated by American sycamore (Platanus occidentalis), sweetgum, and river birch (Betula nigra). Understory species include saplings of the aforementioned tree species, as well as red maple and blackberry. Herbaceous groundcover consisted of uptight sedge (Carex stricta), soft rush and December 2011 Page 9 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension various other sedges. Vines of poison ivy (Toxicodendron radicans) and greenbriar (Smilax rotundifolia) were also abundant (Attachment D— Photographs 20 and 21). This wetland does not appear to be directly associated with any stream system, and thus, is considered hydrologically isolated and is not considered jurisdictional by the USCOE. Based on discussions during the pre- application meeting, the NCDWQ will exert jurisdiction over this wetland pursuant to the State's Isolated Wetlands Rules. Wetland E(approximately 0.06 acre) is a small, palustrine forested wetland located at the Old Concord Road Station proposed park-and-ride lot in a wooded area adjacent to a kudzu (Pueraria montana var. lobata) monoculture (Attachment C- Figure 10). This wetland had the presence of standing water from a groundwater seep. Vegetation within the wetland consisted of red maple and sweetgum in the overstory. Understory vegetation included American hornbeam (Carpinus caroliniana) and elderberry (Sambucus canadensis). Herbaceous species included arrowhead (Sagittaria latifolia) and kudzu. This wetland is directly abutting Stream E(Attachment D— Photograph 22). Wetland X(approximately 0.36 acre) is a palustrine forested wetland located at the University City Blvd. Station park-and-ride deck at the downstream end of Stream X(Attachment C- Figure 11). Wetland X ends at a headwall and pipe culvert that was recently built for the IKEA access road. Vegetation within the wetland consisted of red maple and sweetgum in the overstory. Understory vegetation included red maple and sweetgum saplings. Herbaceous species include jewelweed (Impatiens capensis), sedge and false nettle (Boehmeria cylindrica). This wetland is directly associated with Stream X. Isolated Wetland R(approximately 0.07 acre) is a small, isolated, palustrine forested wetland located on the UNC Charlotte campus, west of the proposed UNC Charlotte Station and east of Toby Creek (Attachment C- Figure 12). This wetland is located at the terminus of a stormwater drainageway that is located parallel to Cameron Boulevard. The wetland is dominated by an overstory of sweetgum and red maple with an understory of American hornbeam and Chinese privet. Stormwater is discharged from a culvert located adjacent to Cameron Boulevard and drains west through a sloped, upland area that is forested. The wetland is located at the bottom of the slope, east of and adjacent to the UNC Charlotte running trail/sanitary sewer line that parallels Toby Creek. The construction of the running trail/sanitary sewer line has created a berm that impedes the drainage of the stormwater to Toby Creek. The accumulation of this stormwater has created the wetland conditions in this area. Isolated Wetland R appears to be fed by rainwater and surface water run-off. This wetland does not appear to possess a significant nexus to other waters of the U.S. so is not directly associated with any stream system. Thus, Wetland R is considered hydrologically isolated and is not considered jurisdictional by the USCOE. Based on discussions during the pre-application meeting, the NCDWQ will exert jurisdiction over this wetland pursuant to the State's Isolated Wetlands Rules. The wetland is located adjacent to the proposed alignment. 5.0 Impacts to Waters of the U.S. Multiple jurisdictional features along the proposed 9.4 mile alignment will be impacted by the construction of the LYNX BLE. Figures have been prepared depicting the jurisdictional areas to be impacted and a key map of these impact figures is located in Attachment C— Figure 13. All work to be done in jurisdictional waters shall be performed after sediment and erosion control measures have been put into place and after the hydrology has been rerouted in order to work in the dry. Measures will be taken to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with waters of the U.S. until the concrete has hardened. New pipe culverts December 2011 Page 10 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension shall be partially buried as per the NCDWQ Section 401 water quality certification requirements, except in cases where existing at-grade culverts are to be extended. Activities on the project site involving impacts to waters of the U.S. will be required to follow the conditions of the Individual Permit, and applicable State consistency conditions. STV/RWA Senior Environmental Specialist Brandon Phillips, C.H.M.M. has received training in, and has been certified in the use of the N.C. Wetland Assessment Method (NC WAM). NC WAM was created by an interagency team of federal and state agency staff to develop an accurate, consistent, and rapid method to determine the level of function of a wetland relative to a reference condition for each of 16 North Carolina general wetland types. The NC WAM wetland types have been presented for the wetland areas that will be impacted by the LYNX BLE. Stream C is an unnamed tributary to Little Sugar Creek located in the Little Sugar Creek Watershed Catawba River Basin. Stream C will need to be piped, extending from the existing pipe culvert, in order to widen the railroad right-of-way embankment for the proposed LYNX BLE Project. A riprap stilling basin would be placed in Stream C at the discharge point for the extended pipe and will impact approximately 80 linear feet of Stream C. Riprap will be countersunk into the stream bed. Riprap shall be clean and free from loose dirt or pollutant. An existing sewer line will be re-routed across Stream C and will have additional impacts to an estimated 32 linear feet of Stream C. The feasibility of an aerial sewer crossing at this location will be evaluated during final design in an effort to avoid impacts associated with this sewer crossing. A total of approximately 112 linear feet (0.062 acre) of impact in this location is anticipated (Attachment C— Figure 14). An estimated 150 cubic yards (Cl� of riprap, 25 CY of soil, 20 CY of concrete and 5 CY of steel will be discharged into Stream C based on 65% design plans. Stream D is an unnamed tributary to Stream C located in the Little Sugar Creek Watershed, Catawba River Basin. Approximately all 396 linear feet (0.135 acre) of Stream D would be filled to enlarge the existing rail embankment and Stream D will be relocated to the toe of the embankment as a drainage channel that would be created for the proposed LYNX BLE Project to provide the same drainage function as Stream D(Attachment C— Figure 14). An estimated 575 CY of soil will be discharged into Stream D based on 65% design plans. Stream F is a stream (Little Sugar Creek) located in the Little Sugar Creek Watershed, Catawba River Basin. Stream F flows from north to south, across the proposed LYNX BLE Project alignment and under North Brevard Street. Stream F would be bridged for the LYNX BLE Project and no direct impacts to Stream F would result (Attachment C— Figure 15). Stream J is an unnamed tributary to Stream F located in the Little Sugar Creek Watershed, Catawba River Basin. The entire estimated 103 linear feet (0.031 acre) of Stream J located within the project corridor would be piped/filled for the construction of a new access to the Duke Energy substation (Attachment C— Figure 16). An estimated 330 CY of soil will be discharged into Stream J based on 65% design plans. Stream K is an unnamed tributary to Stream F located in the Little Sugar Creek Watershed, Catawba River Basin. Pipe replacement and the subsequent addition of a riprap apron would disturb approximately 44 linear feet (0.006 acre) of Stream K(Attachment C— Figure 16). An estimated 30 CY of riprap will be discharged into Stream K based on 65% design plans. Stream N is a stormwater drainage feature located in the Little Sugar Creek Watershed, Catawba River Basin. Approximately 56 linear feet (0.016 acre) of Stream N would be piped/filled by the December 2011 Page 11 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension embankment created for the proposed LYNX BLE Project (Attachment C— Figure 17). An estimated 70 CY of soil will be discharged into Stream N based on 65% design plans. Stream A is an unnamed tributary to Stream F located in the Little Sugar Creek Watershed, Catawba River Basin. Approximately 100 linear feet (0.053 acre) of RPW Stream A would be piped or channelized by the embankment created for the relocated freight tracks associated with the proposed light rail alignment. Seasonal RPW Stream A is located parallel to North Davidson Street in the Little Sugar Creek Watershed, Catawba River Basin. Seasonal RPW Stream A drains to RPW Stream A on the south side of the railroad right-of-way. 791 linear feet (0.018 acre) of seasonal RPW Stream A would be enclosed within a box culvert to raise the alignment to the planned elevation (Attachment C— Figure 18). An estimated 65 CY of riprap, 170 CY of soil, and 160 CY of concrete will be discharged into Stream A based on 65% design plans. Stream B is a stormwater drainage channel located in the Little Sugar Creek Watershed, Catawba River Basin. Stream B would be avoided by the proposed LYNX BLE Project, which would stay on the north side of the railroad right-of-way (Attachment C— Figure 19). Stream P is a stormwater drainage channel/basin. The entire estimated 1,666 linear feet (0.11 acre) of Stream P would be piped/filled for the new rail embankment and the proposed multi-use path (Attachment C— Figure 19). An estimated 1800 CY of soil will be discharged into Stream P based on 65% design plans. Stream Z is an unnamed tributary to Briar Creek located in the Briar Creek Watershed, Catawba River Basin. Pipe replacement and the subsequent addition of a riprap apron will create fill impacts to Stream Z totaling approximately 44 linear feet (0.007 acre) (Attachment C— Figure 20). Riprap will be countersunk into the stream bed and will be placed over filter cloth. Riprap shall be clean and free from loose dirt or pollutant. An estimated 35 CY of soil will be discharged into Stream Z based on 65% design plans. Stream E is an unnamed tributary to Briar Creek with non-jurisdictional ephemeral tributaries located in the Briar Creek Watershed, Catawba River Basin. Impacts to Stream E would be avoided by the proposed Old Concord Road Station park-and-ride lot that would be constructed for the proposed LYNX BLE Project (Attachment C— Figure 21). Stream X is an unnamed tributary to Doby Creek located in the Mallard Creek Watershed, Yadkin-Pee Dee River Basin. Impacts to Stream X would be avoided by the proposed University City Blvd. Station park-and-ride lot that would be constructed for the proposed LYNX BLE Project. Stream U(Toby Creek) is a tributary to Mallard Creek located in the Mallard Creek Watershed, Yadkin-Pee Dee River Basin. Stream U would be bridged for the LYNX BLE Project and no direct impacts to Stream U would result (Attachment C— Figure 22). Linear Wetland C(approximately 0.07 acre) is a small, linear palustrine emergent wetland located west of, adjacent to, and parallel to, the railroad right-of-way south of East 16th Street. Based on 65% Preliminary Engineering Design Plans, it is anticipated that no part of Linear Wetland C would be directly impacted by the proposed project. Linear Wetland Y(approximately 0.142 acre) is a linear palustrine forested wetland (NC WAM = Basin) located north of the railroad right-of-way and west of East 36th Street. The entire estimated 0.142 acre of Linear Wetland Y would be filled by the construction of an embankment and a retaining wall for the planned relocation of the existing freight tracks (Attachment C— December 2011 Page 12 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Figure 17). An estimated 550 CY of soil will be discharged into Wetland Y based on 65% design plans. Wetland A(approximately 0.223 acre) is a small, palustrine scrub-shrub/emergent wetland (NC WAM = Headwater forest) located south of the railroad right-of-way and north of N. Davidson Street on either side of seasonal RPW Stream A. The entire estimated 0.223 acre of Wetland A and seasonal RPW Stream A would be enclosed within a box culvert to raise the alignment to the planned elevation without disrupting the existing drainage pattern (Attachment C— Figure 18). An estimated 1,100 CY of soil will be discharged into Wetland A based on 65% design plans. Linear Wetland A is a small (approximately 0.012 acre) palustrine forested wetland (NC WAM = Basin) located north of the railroad right-of-way and west of Craighead Road. It is anticipated that approximately all 0.012 acre of Linear Wetland A would be filled by the planned relocation of the existing railroad spur (Attachment C— Figure 18). An estimated 190 CY of soil will be discharged into Linear Wetland A based on 65% design plans. Isolated Wetland P(approximately 0.02 acre) is a small, isolated, palustrine open water/emergent wetland (NC WAM = Basin) located adjacent to and west of the railroad right-of-way in the backyard of a residential dwelling located at the end of Leafmore Drive. It is anticipated that all 0.02 acre of Isolated Wetland P would be directly impacted by fill for the proposed project embankment and multi-use path (Attachment C— Figure 19). An estimated 95 CY of soil will be discharged into Isolated Wetland P based on 65% design plans. Isolated Wetland O(approximately 0.16 acre) is an isolated, palustrine forested wetland (NC WAM = Basin) located behind the Northpark Mall, west of the railroad right-of-way (Attachment C — Figure 20). It is anticipated that no part of Isolated Wetland O would be directly impacted by the proposed LYNX BLE Project. Wetland E(approximately 0.06 acre) is a small, palustrine forested wetland (NC WAM = Seep) located at the Old Concord Road Station proposed park-and-ride lot in the woods adjacent to a kudzu (Pueraria montana var. lobata) monoculture. It is anticipated that 0.057 acre of Wetland E would be directly impacted by the fill required for the proposed Old Concord Road Station park- and-ride lot entrance road (Attachment C— Figure 21). An estimated 190 CY of soil will be discharged into Wetland E based on 65% design plans. Wetland X(approximately 0.36 acre) is a small, palustrine forested wetland located in the northwest corner of the University City Blvd. Station park-and-ride lot. It is anticipated that no part of Wetland X would be directly impacted by the proposed University City Blvd. Station park-and- ride lot. Isolated Wetland R(approximately 0.07 acre) is a small, isolated, palustrine forested wetland (NC WAM = Basin) located on the UNC Charlotte campus, west of the proposed UNC Charlotte Station and east of Toby Creek. It is anticipated that approximately all 0.07 acre of Isolated Wetland R would be directly impacted by construction activities and the temporary fill for check dams for the proposed project bridge abutment construction adjacent to the UNC Charlotte Station and excavation for the creation of a drainage ditch (Attachment C— Figure 22). An estimated 5 CY of riprap and 55 CY of temporary stone fill will be discharged into Wetland R based on 65% design plans. December 2011 Page 13 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension A Summary of Estimated Stream Impacts is located in Table 2. A Summary of Estimated Wetland Impacts is located in Table 3. Table 2 Summary of Estimated Stream Impacts Jurisdictional Type of Jurisdictional Impacts Figure Length of Area Area (Attachment C) Permanent Impact (If) Stream C Perennial Stream Figure 14 112 Stream D Intermittent Stream Figure 14 396 Stream J Perennial Stream Figure 16 103 Stream K Perennial Stream Figure 16 44 Stream N Intermittent Stream Figure 17 56 Stream A Perennial Stream Figure 18 100 Stream A Intermittent Stream Figure 18 791 Stream P Intermittent Stream Figure 19 1666 Stream Z Intermittent Stream Figure 20 44 Permanent Impact Totals: Table 3 Summary of Estimated Wetland Impacts 3,312 If Jurisdictional Type of Jurisdictional Impacts Figure Area of Permanent Impact Area Area (Attachment C) Wetland Y Linear Wetland Figure 17 0.142 acre (6,165 sq. ft.) Wetland A Linear Wetland Figure 18 0.012 acre (530 sq. ft.) Wetland A Scrub-shrub/ Emergent Figure 18 0.223 acre (9,704 sq. ft.) Wetland Wetland P Isolated Wetland Figure 19 0.02 acre (854 sq. ft.) Wetland E Forested Wetland Figure 21 0.057 acre (2,465 sq. ft.) Wetland R Forested Wetland Figure 22 0.07 acre (3,049 sq. ft.) Permanent Impact Totals: �0.524 acre (22,767 sq. ft.) General Construction Sequence As outlined on the plans created for the LYNX BLE, the construction contractor shall follow the phasing as described in Attachment H: General Construction Sequence. Construction phases may be performed concurrently, except where noted. All work described in the project phasing shall be performed by the contractor, except where it is specified for certain work to be performed by others. The construction sequencing descriptions refer to the entire project and are not limited to the jurisdictional waters of the U.S. No construction access or staging in waters of the U.S. is proposed. Construction fencing will be used to prevent people and equipment from accidentally entering jurisdictional areas that have not been permitted for impacts. 6.0 Avoidance, Minimization and Mitigation In an effort to avoid and minimize impacts to jurisdictional stream crossings and wetlands, measures and strategies have been considered and utilized throughout the project planning process. These strategies and reduction measures include the following: December 2011 Page 14 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Impacts to Perennial RPW Stream C will result from the extension of the existing culvert located under the existing railway embankment that will require widening to accommodate the additional rail tracks. Since the alignment has been placed between the existing townhomes and existing freight railroad tracks, no other feasible alternatives exist to avoid this impact. Impacts from the proposed riprap stilling basin have been minimized to the greatest extent possible by reducing the size of the riprap lining to the minimum required to prevent erosion. The relocation of the existing sanitary sewer line impacting 32 linear feet of Perennial RPW Stream C may be performed by an aerial crossing to avoid additional impacts and will be evaluated further during final design. No impacts to Linear Wetland C are anticipated. Impacts to Seasonal RPW Stream D will result from the widening of the existing railway embankment. Since the alignment has been placed between the existing townhomes and existing freight railroad tracks, no other feasible alternatives exist to avoid this impact. The stream channel will be relocated to the toe of the proposed widened embankment incorporating natural stream channel design elements. Impacts to Perennial RPW Stream F will be avoided through the construction of a 3-span concrete bridge over the stream channel. The piers for the proposed bridge will be placed outside of the top of banks to ensure that no impacts will occur to this stream. Preliminary floodplain modeling has been conducted to determine the potential impacts to flood levels resulting from the construction of the proposed bridge. It is anticipated that there will be no impact to the area flood elevations. A"No-Rise" certification application will be submitted to the Mecklenburg Floodplain Administrator after the final design has been completed. Impacts to Perennial RPW Stream J and Perennial RPW Stream K will result from the piping of these streams that is required due to the relocation of the existing Duke Power substation. Since the proposed light rail alignment would be located where the existing entrance is located, the new access road would go under the light rail bridge to provide an entrance to the electrical substation from the west side. Alternative alignments for the relocation of this substation access road were reviewed in an effort to avoid impacts. In order to avoid impacts to these streams, an additional at-grade crossing of the rail line would be required. An additional at-grade crossing would create major safety concerns in addition to increased costs, so the consideration of this alternative to avoid Perennial RPW Stream J and Perennial RPW Stream K was rejected. An additional design requirement for the size of the turning radius on the Duke Power access roadway to accommodate the large tractor-trailer vehicles that will be using the road necessitates the impacts to these streams. Impacts to Seasonal RPW Stream N will result from the extension of the existing pipes under the rail line and the relocation of the Norfolk Southern freight tracks. The relocation of the proposed alignment to avoid and minimize impacts would result in impacts to nearby historic buildings and so has been rejected as a minimization and avoidance alternative. Previous project designs proposed impacts to all 77 linear feet of Seasonal RPW Stream N which has been reduced to 56 linear feet of impacts. Impacts to Linear Wetland Y will result from the construction of relocated Norfolk Southern freight tracks. The relocation of the proposed alignment to avoid and minimize impacts would result in impacts to nearby historic buildings and so has been rejected as a minimization and avoidance alternative. December 2011 Page 15 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Impacts to Perennial RPW Stream A will result from the widening of the existing railway embankment and the extension of the existing pipe culverts under the embankment. Any changes to the alignment in this area would have major impacts to nearby historic buildings. Additionally, there is a requirement to stay within the existing railroad right-of-way, so the consideration of another alternative was rejected. Previous project designs proposed impacts to 111 linear feet of Perennial RPW Stream A which has been reduced to 100 linear feet of impacts. Impacts to Seasonal RPW Stream A will result from the widening of the existing railway embankment and the placement of a box culvert between the proposed retaining wall and North Davidson Street. Any changes to the alignment in this area would have major impacts on North Davidson Street, which would require relocation. Additionally, there is a requirement to stay within the existing railroad right-of-way, so the consideration of another alternative was rejected. Impacts to Linear Wetland A will result from the relocation of the existing railroad spur. The LYNX BLE tracks, freight tracks and future passenger tracks must fit within the existing railroad right-of- way. If the proposed tracks are moved outside the existing railroad right-of-way, North Davidson Street would have to be relocated, which would be a significant cost increase. The existing spur track must be relocated to accommodate the realigned freight tracks near Craighead Rd. so the consideration of another alternative was rejected. Impacts to Wetland A will result from the widening of the existing railway embankment and the placement of a box culvert between the proposed MSE wall and North Davidson Street. Any changes to the alignment in this area would have major impacts on North Davidson Street, which would require relocation. Additionally, there is a requirement to stay within the existing railroad right-of-way, so the consideration of another alternative was rejected. No impacts to Seasonal RPW Stream B are anticipated. Impacts to Seasonal RPW Stream P will result from the widening of the existing railway embankment and the placement of a multi-use path parallel to the railway. Seasonal RPW Stream P is located between the railway embankment and industrial properties, and has been determined to be of low quality by the NCDWQ during a site review conducted on April 4, 2011. The proposed LYNX BLE alignment is necessary to avoid the freight tracks and the historic buildings located within the area, so the consideration of another alternative was rejected. The Light Rail Alternative — Sugar Creek Design Option avoided impacts to Stream P, but was rejected due to the impacts that would have occurred to cultural resources located along that alignment as well as visual and financial resources. The preliminary conceptual engineering design of the multi-use path developed an alignment to account for the least impacts along the corridor. The need to place the multi-use path between the light rail and the surrounding industrial properties minimizes available alternatives. The path cannot be placed on the opposite side of the light rail as it would then be located between the light rail and freight rail tracks. Comparing the LYNX BLE design without the path, the addition of the multi-use path would result in impacts to the entire reach of Stream P, a low quality drainage feature, resulting in an additional incremental stream impact of 493 If. Impacts to Isolated Wetland P will result from the widening of the existing railway embankment and the placement of a multi-use path parallel to the railway. Isolated Wetland P is located between the railway embankment and a residential property, and no opportunities to change the alignment are available. December 2011 Page 16 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Impacts to Seasonal RPW Stream Z will result from the placement of a new pipe under the embankment and the associated riprap apron proposed. The existing location of the stream and pipe make this impact unavoidable. Previous project designs proposed impacts to 53 linear feet of Seasonal RPW Stream Z which has been reduced to 44 linear feet of impacts through the reduction in the amount of riprap placed at the end of the discharge pipe. No impacts to Isolated Wetland O are anticipated. No impacts to Seasonal RPW Stream E are anticipated. Impacts to Wetland E will result from the construction of the entrance roadway to the Old Concord Station Road Park-and-Ride. In order to avoid this wetland, the number of parking spaces available would need to be greatly reduced and/or the walking distance would be much greater for the people using the park-and-ride. This would cause a major impact in ridership which would impact long term revenue for the project so this was eliminated as an alternative. Previous project designs proposed impacts to 0.06 acre of Wetland E which has been reduced to 0.057 acre of impacts. No impacts to Seasonal RPW Stream X are anticipated. No impacts to Wetland X are anticipated. Impacts to Perennial RPW Stream U will be avoided through the construction of a multi-span concrete bridge over the stream channel. The piers for the proposed bridge will be placed outside of the top of banks to ensure that no impacts will occur to this stream. No impacts to Perennial RPW Stream U are anticipated. Preliminary floodplain modeling has been conducted to determine the potential impacts to flood levels resulting from the construction of the proposed bridge. It is anticipated that there will be no impact to the area flood elevations. A"No-Rise" certification application will be submitted to the Mecklenburg Floodplain Administrator after the final design has been completed. Impacts to Isolated Wetland R would result from the creation of the railway embankment and bridge abutment as well as the proposed drainage ditch conveying the stormwater from upstream areas to Toby Creek (Perennial RPW Stream U). Existing stormwater drainage from the roadways and parking lots is already being routed to this wetland. Changing the alignment of the rail line in this area would move the proposed station away from roadway and make the use of station impractical for riders to use. The Council on Environmental Quality (CEQ) has defined mitigation in 40 CFR Part 1508.20 to include: avoiding impacts, minimizing impacts, rectifying impacts, reducing impacts over time and compensating for impacts. Three general types of mitigation include avoidance, minimization and compensatory mitigation. Compensatory mitigation consists usually of the restoration of existing degraded wetlands or waters, or the creation of waters of the U.S. of equal or greater value than the waters to be impacted. This type of mitigation is only undertaken after avoidance and minimization actions are exhausted and should be undertaken, when practicable, in areas near the impact site (i.e., on-site compensatory mitigation). Since jurisdictional streams and wetlands in the study area intersect the project corridor, impacts to waters of the U.S. as a result of the proposed LYNX BLE are largely unavoidable. The use of the existing rail right-of-way includes the requirement to maintain enough distance from the existing railroad tracks to accommodate future high speed rail service, and this need has December 2011 Page 17 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension established the requirements for the size of the proposed rail embankment and pushes the proposed LYNX BLE line to the edge of the right-of-way. Avoidance and minimization strategies would be utilized in all segments of the project where feasible and practicable. In addition, bridges are also being included where the proposed LYNX BLE would cross Little Sugar Creek and Toby Creek. Following the implementation of impact avoidance and minimization design strategies, it is anticipated that compensatory mitigation will be required for all remaining permanent unavoidable impacts to streams and wetlands in the study area. A Section 404 permit application must include a discussion of the measures taken to avoid/minimize impacts to waters of the U.S., and must also include a compensatory mitigation proposal to offset permanent losses of waters of the U.S., as well as a statement describing how temporary losses would be minimized to the maximum extent practicable. It is anticipated that the Charlotte Umbrella Stream and Wetland Mitigation Bank (Umbrella Bank) will be utilized to provide off-site mitigation to satisfy the federal Clean Water Act compensatory mitigation requirements in the event that mitigation is required for this project and on-site mitigation is not feasible and/or practicable. The purchase of stream credits from the Umbrella Bank will satisfy the LYNX BLE's mitigation requirements. Based on discussions during the October 20, 2011 pre- application meeting, the City anticipates that the Umbrella Bank would have 3,312 linear feet of available stream credits (3,268 linear feet in the Lower Catawba River basin and 44 linear feet in the Yadkin-Pee Dee River Basin) to accommodate the LYNX BLE Project. The Charlotte Umbrella Bank acceptance letter is included in Attachment E. In accordance with the "Memorandum of Agreement Among the North Carolina Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the U.S. Army Corps of Engineers, Wilmington District" (MOA), July 22, 2003, the NCDENR Ecosystem Enhancement Program (EEP) will also be requested to provide off-site wetland mitigation via purchase of in-lieu fee credits. A 2:1 mitigation ratio has been requested for the impacts to 0.377 acre of wetlands located within the Lower Catawba River Basin and a 1:1 mitigation ratio for the 0.057 acre of wetlands located within the Yadkin-Pee Dee River Basin for a total of 1.25 acres of wetland mitigation credits required; please refer to Tables 4, 5, 6 and 7— Stream and Wetland Impacts Tables by Basin for a summary of these impacts. Pursuant to SL 2008-152, the use of the EEP to satisfy mitigation requirements must include written acknowledgement by the applicant of the laws' requirements and compliance with them. The EEP acceptance letter is included in Attachment E. A final determination regarding mitigation for impacts to waters of the U.S. rests with the USCOE and NCDWQ and compensatory mitigation for impacts will be resolved during the permitting phase of the project. In the case of public transportation projects, the mitigation plan must be implemented before the proposed project is open to the traveling public. Tables 4, 5, 6, and 7 summarize the stream and wetland impacts by river basin. The NCDWQ has requested these tables to be included in the Request for Individual Permit. December 2011 Page 18 Rev. 00 N = = O J y Z � N JOOW � N a f� 7 � .; � � w N N 7 a N � I � c� N O a � t � L 0 � L � U r+ N f� N t � � z � •N � m d � (� � (� f� U L � d d O � J � � i +N+ t� � Q � � � L � 0 y O O O 0 0 O O �� Ct N N N �� �� N N i C.0 O�' '-` �.L R R � � � � � � � � � � � � � (6 (6 (6 � � (6 (6 � N � ._ w w w � � w w Nj N��C. 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Additional field reviews were conducted along the railroad right-of-way portion of the alignment on February 9, February 11, and February 13, 2009. Additional field reviews for areas added to the project were conducted on June 6, July 21 and 28, October 1, November 5, 2009, July 23, 2010 and May 5, 2011. The field investigators walked the following locations: the proposed project right-of-way, which measures approximately 200 feet wide; the proposed station locations; and the proposed park-and-ride facility locations. Stream crossings were examined and plant communities and their associated wildlife were identified and recorded. Wildlife identification involved using one or more of the following observation techniques: active searching, visual observations and identifying by characteristic signs of wildlife sounds, scat, remains, tracks and burrows. Prior to the field site visits, STV/RWA reviewed the North Carolina Natural Heritage Program (NCNHP) database, which provided existing data concerning the potential occurrence of federally threatened and endangered species in Mecklenburg County. The list of federally endangered and threatened species known to occur in Mecklenburg County was reviewed, and evaluations were performed to determine the likelihood of the presence of each species within the project study area. STV/RWA environmental scientists conducted field reviews in the project study area that matched descriptions of preferred habitat for the federally protected species listed below. Table 8 shows the Federal and State-Listed Species in Mecklenburg County. December 2011 Page 22 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Table 8 Federal and State-Listed Species in Mecklenburg County Common Name Scientific Name Federal Status State Status Vertebrates American eel Anguilla rostrata FSC None A carpsucker Carpoides sp. cf. velifer None SC Star-nosed mole Condylura cristata pop. 1 None SC Timber rattlesnake Crotalus horridus None S3 Carolina darter Etheostoma collis collis FSC SC Bald eagle Haliaeetus leucocephalus BGEPA T Loggerhead shrike Lanius ludovicianus None SC Invertebrates Carolina birdsfoot- trefoil Acmispon helleri FSC SR-T Carolina elktoe Alasmidonta robusta None SX(extirpated) Tall larkspur Delphinium exaltatum FSC E-SC Smooth coneflower Echinacea laevigata E E-SC Piedmont aster Eurybia mirabilis FSC SR-T Schweinitz's sunflower Helianthus schweinitzii E E Shoals spiderlily Hymenocallis coronaria FSC None Carolina heelsplitter Lasmigona decorata E E Michaux's sumac Rhus michauxii E E-SC Creeper Strophitus undulatus None T Georgia aster Symphyotrichum georgianum C T Carolina creekshell Villosa vaughaniana FSC E Federal Protection Status E=Endanqered —A taxon in danger of extinction through all or a significant portion of its range. T=Threatened — A taxon likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. C=Candidate — A taxon under consideration for official listing for which there is sufficient information to support listi ng. BGEPA=BaId and Golden Eaale Protection Act — In the July 9, 2007 Federal Register, the bald eagle was declared recovered, and removed (de-listed) from the Federal List of Threatened and Endangered wildlife, effective on August 8, 2007. The bald eagle continues to be afforded protection pursuant to the Bald and Golden Eagle Protection Act. FSC=Federal Species of Concern — A species under consideration for listing, for which there is insufficient information to su ort listin at this time. Source: USFVVS website, nttp:�mc-es.tws.gowes�cnty�ist�mecK�enburg.ntm�. ,�,ccessed uecember, 1UUtt. General reviews were conducted by STV/RWA within the study area for the federally listed species with the exception of the Carolina heelsplitter. Charlotte-Mecklenburg Land Use and Environmental Services Agency (LUESA) regularly tests stream systems for fish, macroinvertebrates and benthos. The Carolina heelsplitter has not been located within Mecklenburg County within recent years and is believed to be extirpated from Mecklenburg County (North Carolina Natural Heritage Program website). Table 9 shows the Federally Endangered/Threatened Species in Mecklenburg County. December 2011 Page 23 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Table 9 Federally Endangered/Threatened Species in Mecklenburg County Species Federal County Potential Biological Status Occurrence Habitat Conclusion (Y�n) Common Name Scientific Name Smooth Coneflower Echinacea laevi ata E Current No Effect Bald Ea le Haliaeetus leucocephalus BGEPA Current n No Effect Schweinitz's Sunflower Helianthus schweinitzii E Current No Effect Carolina Heels litter Lasmi ona decorata E Current No Effect Michaux's Sumac Rhus michauxii E Historic No Effect 13GtF'H=13ald and Golden tagle F'rotection Hct — In July 9, "LUU/ Federal Kegister, the bald eagle was declared recovered, and removed (de-listed) from the Federal List of Threatened and Endangered wildlife, effective on August 8, 2007. The bald eagle continues to be afforded protection pursuant to the Bald and Golden Eagle Protection Act. T= Threatened, E= Endangered Reference: North Carolina Natural Heritage Program, Accessed December 2008. Smooth Coneflower (Echinacea laeviqata), State and Federal Listed Endanqered The smooth coneflower grows up to 1.5 meters tall and contains large (approximately 20 centimeters (cm) in length and 7.5 cm in width) basal leaves. The stem of the plant is smooth with few leaves. The flower consists of rays that are light pink to purplish, usually drooping and are 5 to eight cm long. This perennial plant generally occurs in basic to circumneutral soils of ineadows and woodlands. The plant, which typically blooms in June, has been found growing in habitats that include upland oak-hickory or mixed oak-pine forests, old field habitat, transmission line rights-of-way and roadsides. Smooth coneflower is an associate of the Piedmont Prairie community type often found growing with populations of Schweinitz's sunflower. This plant is listed as a current record for Mecklenburg County and there is one documented population located approximately 12 miles northwest of Charlotte. The study area may provide the proper habitat requirements preferred by this species. No individuals of smooth coneflower were observed during field reviews of the study area conducted by HARP during the last week of September and the first week of October, 2007 and by STV/RWA between September 2008 and November, 2009. BIOLOGICAL CONCLUSION: No Effect Schweinitz's sunflower (Helianthus schweinitzi►), State and Federal Listed Endanqered Schweinitz's sunflower is a perennial herbaceous plant limited to the Piedmont counties of North and South Carolina. The plant grows from one to two meters tall from a cluster of tuberous roots. The sunflower consists of a flower with a yellow disk and ray flowers formed on small heads. The disc is less than 1.5 cm across and the petals are two to three cm long. The lanceolate leaves are opposite on the lower stem and alternate near the flowers. The typical habitat for this plant includes roadsides, old pastures, transmission line rights-of-way, open areas and edges of upland woods. Periodically maintained rights-of-way are typically considered good potential habitat for the Schweinitz's sunflower. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, soils that are clayey in texture (and often with substantial rock fragments), soils that have a high shrink- swell capacity and soils that vary over the course of the year from very wet to very dry. Flowering December 2011 Page 24 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension occurs from August to the first frost of the year. Records indicate that 12 known populations exist within the County. The study area may provide the proper habitat requirements preferred by this species. One population was found in 1994-1995 along the project corridor about one and one-half miles southwest of the Charlotte Motor Speedway. NCNHP Program biologists searched for this population in 2003 and 2005, but were unable to locate the population, so it was assumed extirpated. Scientists from HARP examined the project corridor during the last week of September and the first week of October, 2007 and did not find any specimens. The study area was searched by STV/RWA scientists between September 2008 and November 2009, during the blooming period for Schweinitz's sunflower and no specimens were found. BIOLOGICAL CONCLUSION: No Effect Carolina heelsplitter (Lasmiqona decorata), State and Federal listed Endanqered The Carolina heelsplitter has an ovate, trapezoidal shell. The surface of this species is yellowish, greenish or brownish with greenish, blackish rays. The inner shell ranges from iridescent to mottled pale orange. The average size of the Carolina heelsplitter is 78 millimeters (mm). The Carolina heelsplitter is found in small to large streams and rivers as well as ponds over a variety of substrates usually near stable, well-shaded stream banks. Most individuals are found in undercuts and along shaded banks stabilized with extensive tree roots, buried logs or rocks. The Carolina heelsplitter requires waterways with well oxygenated clean water. This mollusk is listed as an historical occurrence in Mecklenburg County. Six populations of this mussel are presently known to exist, two of which occur within North Carolina. One small remnant population occurs in the Catawba River system in Waxhaw Creek in Union County and another small population occurs in a short stretch of Goose Creek, a tributary to the Rocky River in the Pee Dee River system, also in Union County. Potential habitat may exist within Toby Creek located within the project corridor. Potential habitat characteristics such as undercut shaded banks with extensive root systems and buried logs and rocks within the channel were observed in Toby Creek. However, existing water quality may be a limiting factor in the occurrence of Carolina heelsplitter within this stream. The general stagnant and apparent non-oxygenated conditions of the water make this habitat considerably less than optimal. No field investigations were made. Given the degraded habitat and the lack of any recent records of this mussel occurring in Mecklenburg County, the likelihood that this mussel occurs in the study area is concluded to be remote. BIOLOGICAL CONCLUSION: No Effect Michaux's sumac (Rhus michauxi►), State and Federal listed Endanqered Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from one to three feet in height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets. Most plants are unisexual; however, more recent observations have revealed plants with both male and female flowers on one plant. The flowers are small, borne in a terminal, erect, dense cluster, and colored greenish yellow to white. Flowering usually occurs from June to July; the fruit, a red drupe, is produced through the months of August to October. Michaux's sumac grows in sandy or rocky open woods in association with basic soils. This plant reportedly survives best in areas where some form of disturbance has provided an open area. This plant is restricted to seven counties in North Carolina and is listed as historic in Mecklenburg County. December 2011 Page 25 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension No individuals of Michaux's sumac were observed within the project corridor. The NCNHP was contacted to provide the locations of the nearest populations of Michaux's sumac. The NCNHP determined that no populations of Michaux's sumac were present within several miles of the study area. The study area lacks the proper habitat requirements preferred by this species and there are no known populations within the proximity of the site, so it is unlikely that Michaux's sumac would be found in the study area. BIOLOGICAL CONCLUSION: No Effect In addition to on-site field reviews, information was requested from the USFWS regarding protected species information within the project study area. In a letter dated December 2, 2005, the USFWS indicated that a historic population of Schweinitz's sunflower (Helianthus schweinitzii) had been found near the project corridor's northern terminus and recommended a detailed botanical analysis be conducted for the project, which was completed during the preparation of the Natural Resources Technical Report (NRTR) that was completed July 2, 2010. Correspondence from the NCNHP indicates that a historic population of Schweinitz's sunflower (Helianthus schweinitzii) was found near the project corridor in 1994-1995 but has not been found since then. The NCNHP correspondence also indicates that a population of Federal Species of Concern and State-Significantly Rare Carolina birdsfoot-trefoil (Acmispon helleri) was found in 1994 in scattered locations along the project corridor, between the Charlotte Motor Speedway and the I- 85 interchange. Carolina birdsfoot-trefoil was found by Habitat Assessment and Restoration Program, Inc. (HARP) scientists at three sites along the railroad right-of-way portion of the project corridor during the last week of September and the first week of October, 2007. The most recent field review held specifically to find the Carolina birdsfoot-trefoil was performed on May 5, 2011. The remains of one plant persisting from the 2010 growing season was found during this review, indicating that the species may still be present within the project corridor during project construction. No live plants were identified. Correspondence from the NCNHP and the USFWS is found in Attachment E— Agency Correspondence. For the Carolina birds-foot trefoil, prior to construction, the contractor will be required to confirm the presence of the plant in the corridor. If present, then seeds from the plant will be collected and subsequently sown/scattered in newly disturbed areas, such as along road/rail embankments associated with project construction. Additionally, seeds will be donated to the North Carolina Botanical Garden for deep freeze purposes; and CATS will coordinate with the North Carolina Natural Heritage Program (NCNHP) to update their records. In summary, the proposed LYNX BLE Project is anticipated to have no effect on federally protected species of Mecklenburg County. The U.S. Department of the Interior informed the FTA that Section 7 requirements were satisfied in a December 2010 letter (Attachment E). 8.0 Stormwater Management A Stormwater Management Plan (SMP) will be prepared for this project to document the design process and to develop the stormwater management system for the LYNX BLE. STV/RWA and CATS understand and are committed to providing a stormwater management plan that achieves erosion and sediment control during construction and provides treatment of stormwater runoff post construction. The SMP will be submitted to both the NCDWQ and the City of Charlotte as part of final design. The City of Charlotte is a Certified Local Government by NCDENR, and the SMP will be submitted to the City for review and approval as part of final design. The NCDWQ confirmed in an e-mail from Polly Lespinasse on October 31, 2011, that the SMP will be reviewed December 2011 Page 26 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension and certified by the City of Charlotte since the City operates a delegated Phase II program (Attachment E). For the LYNX BLE through the existing rail corridor, the primary stormwater collection system will consist of grass swales. In areas of elevated or constrained tracks, stormwater will be filtered through washed stone (ballast) and collected in underdrain systems. Off-site drainage areas will be collected in culverts, channels and/or pipe systems and routed through the LYNX BLE project limits. For the LYNX BLE through the Center City Charlotte (downtown) area and North Tryon Street/US 29 corridor, stormwater will be filtered through washed stone and collected in underdrain systems which connect to pipe systems that convey street runoff. Due to the limitations and constraints imposed on this linear project from right-of-way limitations and railroad requirements, the stormwater management measures to be located in the rail right-of-way will be designed to provide measures to the "maximum extent practicable." For some previously developed areas that will be used by the LYNX BLE, large areas of impervious concrete and asphalt pavement will be removed by the project. Most of these areas will be replaced by ballasted tracks for the rail yard. Some new impervious surfaces will be created for the service building, parking, and access paths. Runoff will be collected in grass swales, underdrain systems, and a pipe system. Treatment is proposed to be provided by a surface sand filter. The park-and-ride facilities include inlets, drainage pipes and/or open grassed channels and sheet flow drainage to provide conveyance of stormwater run-off to downstream existing systems or natural channels. The park-and-ride site plans were designed in accordance with the City of Charlotte Post-Construction Controls Ordinance (PCCO) as part of the NPDES permitting process. Retention ponds or underground stormwater vaults were specified at sites where the proposed development will result in an increase of impervious area compared to the existing condition. The post-developed run-off rate for the 10 year and 25 year 6-hour storm event was controlled to match the pre-developed discharge rate for each respective storm event. Where possible, wet detention ponds and/or bio-retention water quality treatment best management practices (BMP's) were designed in accordance with City and State guidelines to provide 85% Total Suspended Solids (TSS) removal from the stormwater run-off. The PCCO allows flexibility for development within transit areas and as an option additional retention volume to store the run- off volume from the 1-year 24-hour rainfall event can be provided in place of 85% TSS removal. This additional retention volume, known as the channel protection volume, was provided at park- and-ride facilities where above ground water quality BMP's were not practical. Walk-up stations where no new parking facilities were added were designed with piped connections to the track drainage system or adjacent existing stormwater systems. BMP measures for the Protection of Surface Waters will be implemented during project construction. Accordingly, sandbags, cofferdams, or other diversion structures will be used, where possible, to prevent excavation in flowing water. If a dry work area is not necessary to place/cure concrete, special measures will be taken to ensure that water in contact with the concrete operations is contained and treated prior to releasing back into the receiving waters. Techniques such as cofferdams and/or pumping to special containment areas will be evaluated on a case-by-case basis during construction, if necessary. During construction, side ditches will not drain directly to adjacent/nearby stream channels. Ditch water will be diverted into a sump or stable forested vegetation where sediment can be filtered appropriately before entering nearby/adjacent stream channels. Likewise, measures such as sandbags, cofferdams, or other diversion structures will be used, where possible, to minimize flow December 2011 Page 27 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension of water into approach ditches at culvert sites and from surface runoff from roads. Where discharges to streams occur (Streams C, D, K, A, and Z) appropriate riprap armoring of the channel as required will be utilized to prevent the release of disturbed sediment into the stream channel. Heavy equipment will be prohibited from operating within stream channels, without appropriate measures. Stormwater basins will be designed and built at each of the proposed stations that encompass surface parking lots. These basins will capture surface water run-off, thereby reducing the amount of runoff into nearby waterways. BMP measures will comply with federal, state and local guidelines on sediment discharge thresholds, particularly the City of Charlotte PCCO. A detailed analysis of the sediment load from the proposed project will be generated in addition to BMP measures that would be employed. These analyses will be outlined in the Erosion and Sediment Control Plans developed during final design. Old Concord Road Station Park-and-Ride The post-developed site stormwater run-off for this facility will be conveyed through a combination of pipes, grassed swales and sheet flow to stormwater treatment and volume structural controls on the site prior to discharge (Attachment C— Figure 21). Based on current design, two bio- retention cells located within the parking area will provide 85% TSS removal from the stormwater run-off prior to discharging to the adjacent, jurisdictional Stream E. The wet pond and bio- retention cells have been designed in accordance with the Charlotte-Mecklenburg BMP Design Manual and the City of Charlotte PCCO. Sugar Creek Station Park-and-Ride Based on current design, the post-developed site stormwater run-off for this facility will be conveyed by pipe to two separate underground stormwater retention vaults. These underground vaults, one in each parking area have been designed to store the post-developed run-off volume created by the one year 24-hr storm event (also known as the channel protection volume). The volume will then be released in a period of time not less than 48 hours. The PCCO allows for flexibility of development within defined transit districts such as where this site is located. The proposed development has the option of providing 85% TSS removal, storage of the channel protection run-off volume, or paying a mitigation fee based on new site impervious area. The underground vaults will discharge to the existing stormwater system in Greensboro Street north of the site. University City Blvd. Station Park-and-Ride Based on current design, the post-developed site stormwater run-off for this facility will be conveyed by pipe to a wet detention pond on the site for water quality treatment and quantity control. The wet pond will treat stormwater run-off from the parking deck, proposed public roadways and undeveloped parcels within the site. The wet pond will provide volume control and 85% TSS removal for the entire site. The wet pond discharges to the existing jurisdictional Stream X located to the west of the site. The wet pond and bio-retention cells have been designed in accordance with the Charlotte-Mecklenburg BMP Design Manual and the City of Charlotte PCCO. JW Clay Blvd. Station Park-and-Ride Based on current design, the post-developed site stormwater run-off for this facility will be conveyed by pipe to an underground stormwater retention vault. This underground vault has been designed to store the post-developed run-off volume created by the one year 24-hr storm event (also known as the channel protection volume) and has been designed as per the Charlotte December 2011 Page 28 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension PCCO requirements in lieu of 85% TSS removal. The underground vault discharges to the existing stormwater system on the site. 9.0 Alternatives Analysis As per Clean Water Act Section 404(b)(1), a thorough consideration of project alternatives has been conducted to ensure that the proposed project represents the least environmentally damaging alternative that meets the purpose and need of the project. The Alternatives Analysis has been previously submitted to the regulatory agencies including the USCOE and NCDWQ for review as part of the Final EIS prepared for the project. Alignment alternatives for the multi-use trail were studied as part of the NECI bicycle report. The LYNX BLE project's comprehensive alternatives analysis narrative is presented in Attachment F. In summary, it has been determined that the LYNX BLE Project will impact all of seasonal RPW Stream P(1,666 linear feet), which would not have been impacted by the Light Rail Alternative - Sugar Creek Design Option. The LYNX BLE also will impact a portion of Wetland E(0.057 acre) that may not have been impacted by the Light Rail Alternative - Sugar Creek Design Option. The Light Rail Alternative - Sugar Creek Design Option would have impacted all of perennial RPW Stream S(211 linear feet), but would have avoided impacts to seasonal RPW Stream P and possibly Wetland E. Therefore, the LYNX BLE impacts more linear feet of stream (1,455 linear feet) and possibly more wetland (0.057 acre) than the Light Rail Alternative - Sugar Creek Design Option. It has been determined however, that the impacts to streams and wetlands is necessary to avoid the impacts to historic and visual resources, as well as the additional costs associated with the Light Rail Alternative - Sugar Creek Design Option. 10.0 Indirect Cumulative Effects The Section 401 Water Quality Certification Program requires that the NCDWQ determine that a project "does not result in cumulative impacts, based upon past or reasonably anticipated future impacts, that cause or will cause a violation of downstream water quality standards" (15A NCAC 2H). Cumulative impacts of this proposed railway extension project have been evaluated on the basis of Section 401 Certification policy, which requires an examination of cumulative impacts as they relate to downstream water quality standards. Impacts associated with the development of the proposed project include, but are not necessarily limited to, non-point source pollution emanating from stormwater run-off, direct stream impacts, and wetland reduction impacts. An environmental inventory of the study area was completed to identify potentially affected water bodies, their characteristics, water quality classifications, relevant water quality protection regulations, and the general extent of current impervious cover within the watersheds. This assessment establishes a cause and effect relationship between past, present, and reasonably foreseeable future actions and downstream water quality. The potential for growth and land use changes in the overall northeast corridor as a result of the proposed project is low-to-moderate under the LYNX BLE. Most of the northeast corridor contains neighborhoods in an urban or suburban setting, and the proposed project is not likely to cause a substantial change in type or intensity of land use throughout the corridor. The northeast portion of Charlotte will experience growth and development in the study time frame with or without the proposed project, as evidenced by population and employment projections. The proposed project is not likely to influence if growth will occur in the corridor, but rather where and how the growth would occur. It is reasonably foreseeable that the project will result in infill development, December 2011 Page 29 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension revitalization and redevelopment around the station areas, consistent with the City's land use plan. The Indirect Cumulative Effects analysis prepared for the project is located in Attachment G. In summary, induced growth as a result of the project could have an indirect effect on water resources and water quality. Overall growth resulting from the proposed project would occur at a low-to-moderate rate in the overall northeast corridor. Without this project, it is expected that this same growth would still occur within the overall corridor; but would occur at lower densities and in a less concentrated manner. The LYNX BLE would shape the location and intensity of this growth in station areas; therefore, the LYNX BLE is predicted to have fewer overall effects on water resources and water quality in the project corridor than the No-Build Alternative. In addition, water quality will be further mitigated by the many regulations and local ordinances enacted to protect these valuable resources. 11.0 Cultural Resources Archaeological Resources The Archaeology Identification Survey of the Proposed LYNX Blue Line Extension (Coastal Carolina Research, 2009) and its addendum of December 2009 were completed to identify new or previously recorded sites listed in or eligible for listing in the National Register (NR) within the area of potential effect (APE). The survey identified that two previously recorded precontact Native American sites were located within the APE, but were destroyed in the 1970s by development. Therefore, no known archaeological sites were found to be located within the APE. No archaeological resources were found within the APE or at any of the proposed station locations. However, as these resources are underground and not visible, impacts to archaeological resources cannot be dismissed until construction activities begin. Historic Resources The existing conditions within the study area, or APE, are further documented in the Phase 11 Historic Resources Survey Report (Mattson, Alexander & Associates (MAA), 2008). The survey meets the guidelines for architectural surveys established by the North Carolina SHPO and the North Carolina Department of Transportation (October 2003). Fieldwork, conducted during October and November 2008, consisted of an architectural survey and site inspections of selected properties and neighborhoods that warranted intensive analysis. All residential, commercial, and the LYNX BLE would have No Effect on archaeological resources industrial historic districts, as well as individual buildings, were examined. Potential historic properties identified during the research and fieldwork phase were evaluated against the Section 106 criteria for eligibility for listing in the National Register (36 CFR 60.4.). The resources determined to be in or eligible for listing in the NR are described in this section. Phillip Carev Companv Warehouse (NR-Listed) (1): 301 East 7th Street, a two-story, brick building with a low-pitched, front gable roof. This warehouse served commercial establishments along the rail corridors within Center City Charlotte. It is a rare surviving warehouse in downtown Charlotte that dates to the early 20th Century and as such is listed in the National Register. It was locally-designated by the Charlotte Landmarks Commission in 1983. McNeil Paper Companv Warehouse Complex (NR-Eligible) (2): 301-307 East 8th Street, two masonry buildings that occupy a site along the former Southern Railway frontage within Center City Charlotte. This complex of buildings is a rare vestige of the numerous commercial storage buildings that once lined the rail corridors of Charlotte. It is recommended for the December 2011 Page 30 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension National Register due to its importance of commerce in the early 20th century. It was added to the North Carolina Division of Culture and History's Study List in 2001 and was listed as a Local Historic Landmark in 1989. • Orient Manufacturinq Companv/Chadwick Hoskins No. 3(NR-Listed) (3): 311 East 12th Street, currently known as the Alpha Mill, was listed on the National Register in 2006 and 2007 as part of the certified rehabilitation of the property for use as apartments. The mill is listed for its importance with industry in Charlotte during the early 20th Century and for its architecture. The mill is one of a small group of surviving Charlotte cotton mills and is a substantial, brick, Romanesque Revival factory. It was the second textile mill erected in Charlotte. It was listed as a Locally Designated Historic Landmark in 1984. • Chadbourn Hosierv Mills (NR-Eligible) (4): 451 Jordan Place, a large, rectangular, masonry mill constructed in 1947. This mill represents the largest example of a hosiery mill in Charlotte and is one of two hosiery mills remaining in town. It is recommended eligible for the National Register due to its association with early industry and for its architecture. The mill is a stylish example of the postwar textile mill. • North Charlotte Historic District (NR-Listed) (5): bound by the railroad tracks on the north, just south of Anderson Street on the east, Spencer Street to the southeast, Charles Avenue on the southwest and just north of Matheson on the west. This district was nominated to the National Register in 1990 for its association with industry and architecture. This historic district contains Charlotte's largest concentration of intact cotton mills and mill housing related to the rise of textile manufacturing in the Piedmont region of the U.S. The district encompasses 155 acres and over 400 resources. The majority of buildings date from 1903 and circa 1915. The district is oriented towards the former Southern Railway, now the North Carolina Railroad (NCRR), and North Davidson Street. This area is locally known as "NoDa." • Herrin Brothers Coal and Ice Companv Complex (NR-Eligible) (6): 315 East 36th Street, a well-preserved complex of functional, frame, brick, metal and concrete buildings historically associated with a small-scale fuel and ice operation. This complex is recommended eligible for the National Register for its association with commerce and for its architecture. It is one of two intact examples of such fuel and ice facilities remaining in Charlotte. • Standard Chemical Products Plant (NR-Eliqible) (7): 600 East Sugar Creek Road, a modernist office and laboratory that faces Sugar Creek Road at the former Southern Railway tracks, now the present day NCRR tracks. This 1956 building is recommended for the National Register for its association with early Charlotte industry and architecture. The plant is a notable example of post-World War II modernist architecture in Charlotte. • Republic Steel Corporation Plant (NR-Eligible) (8): 601 Sugar Creek Road, a one-story office at the northwest corner of the property facing Sugar Creek Road and an expansive, brick and corrugated steel warehousing and fabrication units to the rear. This circa 1956 plant was recommended eligible for the National Register based on its association with early Charlotte industry and architecture. It is a modernist architectural style building with historic rail uses. • General Motors Corporation Traininq Center (NR-Eligible) (9): 5500 North Tryon Street, is a large one-story, masonry facility with a flat roof, front office, adjacent auditorium, and a long classroom wing. The building was constructed in 1954 and served as a regional training center. It is recommended eligible for the National Register based on its association with early Charlotte commerce and its architecture. It is a fine, low-rise modernist building of the postwar era. The determination of effects on historic architectural resources is documented in the Evaluation of Effects Report (MAA, 2009) and SHPO correspondence (Attachment E), and is summarized in Table 10. The LYNX BLE Project would have No Effect on three of the historic resources listed in or eligible for the National Register, and would have No Adverse Effect on the Orient December 2011 Page 31 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Manufacturing Company/Chadwick Hoskins No. 3; North Charlotte Historic District; Herrin Brothers Coal and Ice Company Complex; Standard Chemical Products Plant; and the General Motors Corporation Training Center. The proposed project would not alter any of the characteristics that qualify the historic resources listed in Table 1 for inclusion on the National Register. This is due primarily to the fact that no historic properties would be altered or removed by the proposed project, and the proposed project would not greatly alter the urban, industrial and rail-oriented view sheds of the historic resources. De minimis Section 4(fl findings are proposed for these resources. A general and detailed noise and vibration assessment was conducted in accordance with the Federal Transit Administration's Transit Noise and Vibration Impact Assessment guidance manual, May 2006. There will be no operational noise or vibration impact on historic resources with the exception of the Orient Manufacturing Company site. There would be an effect on this property due to these two elements, but this effect would not be adverse and would not alter the characteristics for which this resource is listed on the National Register. Table 10 Summary of Potential Historic Resource Impacts Resource LYNX BLE Section 4(f) 1. Philip Carey Company No Effect n/a Warehouse 2. McNeil Paper Company No Effect n/a Warehouse Complex 3. Orient Manufacturing de minimis Company/Chadwick Hoskins No. No Adverse impact 3 Effect 4. Chadbourn Hosiery Mills No Effect n/a 5. North Charlotte Historic District No Adverse de minimis Effect impact 6. Herrin Brothers Coal and Ice No Adverse de minimis Company Complex Effect impact 7. Standard Chemical Products No Adverse de minimis Plant Effect impact 8. Republic Steel Corporation Plant No Effect n/a 9. General Motors Corporation No Adverse de minimis Training Center Effect impact Source: Evaluation of Effects Report (MAA, 2009) as concurred with by the SHPO on October 1, 2009, January 11, 2010, February 7, 2011, May 20, 2011, and November 29, 2011. The following summarizes the effects of the LYNX BLE on each of the historic resources identified: • Phillip Carev Companv Warehouse (NR-Listed) (1): The proposed project would have No Effect on this resource. The light rail vehicles would run on the existing LYNX Blue Line tracks located behind this building, which would be relocated slightly to the north (away from the structure), and along tracks to be installed for the southbound trains. No additional right- December 2011 Page 32 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension of-way would be needed from this resource. The introduction of light rail near this resource would not alter the characteristics for which this resource is listed on the National Register. • McNeil Paper Companv Warehouse Complex (NR-Eliqible) (2): The proposed project would have No Effect on this resource. The light rail vehicles would run on the existing LYNX Blue Line tracks located behind this building, which would be relocated slightly to the north (away from the structure), and along tracks to be installed for the southbound trains. The 9th Street Station would be located one block to the north of the property. The proposed project would not require the acquisition of land from the property. The introduction of light rail near this resource would not alter the characteristics for which this resource is listed on the National Register. • Orient Manufacturinq Companv/Chadwick Hoskins No. 3(NR-Listed) (3): The proposed project would have a No Adverse Effect on this resource. Although the trackway would be constructed within the historic boundary of the property, the new tracks would be built within existing railroad right-of-way which has always overlapped the parcel boundaries of the historic mill. A retaining wall and bridge structure would be constructed along the north side of the property to elevate the light rail tracks over the existing CSX rail line. A potential moderate noise impact would occur for the current residential use of this property; however, there would be no effect on the property as a historic resource because light rail operations would not create noise or vibration levels greater than the historic operations of the freight trains through the area and would not alter the historic character and function of the property. While the retaining wall and bridge would alter the views to and from the property, this would occur within the context of the property where views are historically industrial and rail- oriented and the views to the south are already compromised by the existing I-277 structures. There would be an effect on this property due to these two elements, but this effect would not be adverse and would not alter the characteristics for which this resource is listed on the National Register. • Chadbourn Hosierv Mills (NR-Eliqible) (4): The proposed project would have No Effect on the Chadbourn Hosiery Mills. This resource is located across Brevard Street from the proposed location of the LYNX BLE. The building does not have windows and, therefore, no views from the building would be altered. The existing Duke Energy electrical substation is located across the street and comprises the views from the building. The context of the resource is industrial and the light rail would not alter this resource or the characteristics which make it eligible for the National Register. • North Charlotte Historic District (NR-Listed) (5): The proposed project would have a No Adverse Effect on this historic resource. The LYNX BLE would include two tracks that parallel the south side of the existing railroad right-of-way, a station at 36th Street, relocation of the existing freight tracks, and the depression of 36th Street under the future light rail and existing freight tracks. At 36th Street, the proposed light rail line and relocated freight tracks would be approximately eight feet above the existing grade. Near 36th Street, the National Register boundaries for the North Charlotte Historic District overlap the existing railroad right- of-way. Portions of the proposed alignment and retaining walls would lie within the historic boundary. The action would occur largely within the existing right-of-way; however, minor land acquisition would be required within the North Charlotte Historic District at the Johnston Mill property for station access. Additionally, the rear loading area of the former Grinnell Manufacturing Company Building, a contributing resource to the historic district located at 36th Street and the railroad, would be eliminated. However, this would not alter the structure or its current use, as loading no longer occurs at this location. Additionally, as part of the depression of 36th Street, a retaining wall would be constructed along 36th Street adjacent to the Grinnell Manufacturing Company Building. Retaining walls deflect, or move, and engineering analysis determined that the deflections in the retaining wall along 36th Street could cause structural impacts to the Grinnell Manufacturing Company Building due to its December 2011 Page 33 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension close proximity. In an effort to protect this contributing historic resource, CATS has proposed the use of an underpinning system (i.e., the use of foundation brackets) to support the building and protect it from deflections of the retaining wall. The underpinning system is located completely underground, and CATS would not require permanent acquisition of any of the property, including the building, to achieve this proposed action. Rather, additional temporary easements would be needed for installation of the foundation brackets. The proposed action would not result in negative impacts to the Grinnell Manufacturing Building. SHPO concurred with a No Adverse Effect on the North Charlotte Historic District as a result of this action (Appendix E- Agency Correspondence). The 36th Street Station staircase and bicycle and pedestrian walkways, and the depression of 36th Street would also occur within the National Register boundaries of this district. All access to resources within the district would be maintained. This depression of 36th Street would result in an alteration of one of the streets within the district, but this alteration would not change the characteristics which make it eligible for the National Register. The existing freight track relocation would occur outside of the National Register boundaries. No structures within the historic district would be demolished or altered as a result of the proposed project with the exception of a non- contributing timber trestle. • Herrin Brothers Coal and Ice Companv Complex (NR-Eligible) (6): The proposed project would have a No Adverse Effect on this resource. An effect would occur as a result of the depression of 36th Street under the future light rail and relocation of existing freight tracks adjacent to this resource. A minor amount of land (approximately 5,874 square feet, less than 2 percent) would be acquired, but no buildings located on the property would be altered or demolished. The relocated freight tracks would extend through the southern edge of the property within the existing rail corridor. The proposed action would not require the alteration or demolition of any structures located on site. Access to the site would be maintained at its current location; however a temporary construction easement would be required to construct the retaining wall for the depression of 36th Street. The 36th Street Station would be constructed on the south side of the rail corridor, away from this resource, introducing a relatively minor, but new visual element to this resource. While some effects would occur as a result of the proposed project, these alterations would not change the characteristics which make it eligible for the National Register. Changes in acquisition needs since the Draft EIS (due to engineering refinements and acquisition of more-detailed survey data) were discussed with SHPO. • Standard Chemical Products Plant (NR-Eligible) (7): The proposed project would have No Adverse Effect on this resource. The proposed light rail line would be constructed within the existing railroad right-of-way which is outside the National Register boundary for the property. An effect would occur as a result of the placement of the Sugar Creek Station within the existing railroad right-of-way approximately 300 feet south of Sugar Creek Road, which the North Carolina Railroad is planning to depress under the railroad. The station would be at the existing grade. The southeast corner of the property would need to be acquired to accommodate a sidewalk and ramp for the station. The area needed for the sidewalk and ramp is now part of a paved loading area, and no buildings or significant features would be demolished for the proposed project. While some effects would occur as a result of the proposed project, these alterations would not change the characteristics which make it eligible for the National Register. • Republic Steel Corporation Plant (NR-Eligible) (8): The proposed project would have No Effect on this resource. The proposed project would be constructed within the existing railroad right-of-way which is outside the National Register boundaries of the property. Due to the industrial nature of this setting, the proposed project would not alter the characteristics which make this resource eligible for the National Register. No permanent acquisition of the property would be needed, but a temporary construction easement would be required. December 2011 Page 34 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension General Motors Corporation Traininq Center (NR-Eligible) (9): The proposed project would have a No Adverse Effect on this resource. The proposed project would require the acquisition of minor amounts of land (approximately 10 percent of the property) from the southeast corner of the property within the National Register boundaries. The proposed project would leave much of the existing parking lot for the building intact. The retaining walls for the bridge over the Old Concord Road/North Tryon Street/US-29 intersection would begin to ascend along the rear of this property. Because this property is surrounded by commercial and industrial land uses and this retaining wall would be constructed near the rear of the property, this change would not alter the views of this property. While these effects would occur as a result of the proposed project, the alterations would not change the characteristics which make it eligible for the National Register. 12.0 Closing STV/RWA, on behalf of CATS, is requesting that the USCOE extend the timeframe for this requested Individual Permit to a period of time beyond the standard five-year expiration date. Due to the complexities of the proposed LYNX BLE, it is possible that unanticipated delays may occur that would affect the project schedule. CATS is requesting an Individual Permit that is valid for ten years to prevent any additional issues and delays if the project schedule were to be extended beyond the currently planned completion of 2016. December 2011 Page 35 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension ATTACHMENT A ENG FORM 4345 U.S. ARMY CORPS OF ENGINEERS OMB APPROVAL NO. 0710-0003 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES: 31 AUGUST 2012 3 CFR 32 Pubilc reporf(ng for thls colledion of intortnation is estlmated in average 11 hours per response, includinp the Ume for reviewing instructlons, searching e�dsdng dafa souroes, gathering and maintatning the data needed, and completing and reviewinp Uie collec:Uon of infortnatlon. Send commeMs regaMing this burden estimete or any other a�ed of the coliedton M infortnatlon, including sugpestlons for redudng this burden, to Departrnerri oi Defense, Washington Headquarters, Executive Serviaes and Communications Diredorate, informatlon Manepement Dlvision and to the Offlce of Manapemertt and BudQet, Paperwork ReducUon Projact (0710-0003). Respondenfs should be aware tliat norivithstanding any ofher provision of law, no person shall be subject to arnr penaUy for fa�tng to comply wifh a colledion of infamatlon if R does nat display a cuRently valid OMB wntrol number. Please DO NOT RETURN your fortn to eiTher of those addresses. Completed applicaUons must be submitted to the Distrid Engineer having jurisdicGon over the IocaUon of ihe proposed acdvHy. PRIVACY ACT STATEMENT Authorides: Rivars and Harbors Act, Sectlon 10, 33 USC 403; qean Water Act, Section 404, 33 USC 1344; Marine Protecdon, Research, and Sanctuaries Act, Secdon 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Finei Rule 33 CFR 320.332. Prindpal Purpose: infortnation provided on this fortn will be used In evaivating the appllcaUon for a permit Routlne Uses: This Information may be shared wfth the Departmer�t of Justice and other federal, state, and bcai govemment agendes, and the pubiic and may be made availeble as part oi a pubHc notEae as requked by Federei law. Submisslon of requested irttormatlon is voluntary, however, H infortnation is not provided the permit applicatlon cannot be evaivated nor can a pertnR be issued. One set of originel drawtngs or good reprodudble copies whk� show the iocatlon and charac0ar of the proposed activity must be attached to this epplicatlon (see sample drawings and/or instrudions) and be submltted to the Distrid Engineer having jurisdidia► over the location of the proposed activity. An appllcation that is not oompieted in full wIU be retumed. (ITEMS 1 THRU 4 TO BE FlLLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE F/LLED BYAPPUCANTJ 5. APPLICANTS NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) Flrst - Danny Middle - Last - Rogers First - MiChael Mlddie -A Last - Iagnocco Company - City of Charlotte, Charlotte Area Transit System Company - STV/Ralph Whitehead Associates E-mail Address -drogets(a�Ci.charlotte.nc.us E-maU Address -michael.iagnocco(c�stvinc.com 6. APPLICANTS ADDRESS: 9. AGENTS ADDRESS: ,address- 600 East Fourth Street �4ddress 1000 West Morehead Street City - Charloue State - NC Zip - 28202 Coumry -USA City - Charlotte State - NC ap - 28208 Cournry -USA 7. APPLICANTS PHONE NOs. w/AREA CODE 10. ACiENTS PHONE NOs. w/AREA CODE a. Residence b. Business c. Fax a. Residenoe b. 8usiness c. Fex (704)432-3033 (704)432-2729 (704)372-1885 (704)372-3393 STATEAIIENT OF AUTHORQATION 11. I hereby auUrorize, Michael A. lagnooc� to act in my behaif as my agent in fhe proCessing of this eppllcaUon and to tumish, upon request, supplemeMai iMormatlon in support of this pertnit applicaUon. TURE F PLICANT DATE� NAAAE, LOCATION, AND DESCRIPTION OF PROJECT OR ACTMTY 12. PRQJEC7 NAME OR TITLE (see instructlons) LYNX Blue Line Extension Northeast Corridor Light Rail Pmject 13. NAME OF WATERBODY, IF KNOWN (if appiicabie) 14. PROJECT STREET ADDRESS (if applicabie) Little Sugar Creek and unnamed tributaries, unnamed tributaries to Briar Creek, unnamed tributary to Doby Creek, Toby Creek and unnamed tributaries From the East 7th Street terminus of the LYNX Blue Line, approximately 9.4 miles to the University of North Carolina at Chazlotte Latitude: •N 35.2900 Longftude: •W -80.7570 16. OTHER LOCATION DESCRIPTIQNS, IF KNOWN (see instructions) State Tax Pa�ce11D Munidpality Secdon - 7ownship - Range - ENG FoRN14345, c7c:T zu� u EDiTiON OF OCT Z0041S OBSOLETE Proponmt CECYM-0R ��. �i�c�oNS ro rHE s� o get to the existing LYNX Blue Line terminus at the 7th Strcet Station from Asheville, NC, take I-26 East to US 74 East Then take I-85 orth to exit 36 - NC 16. Take NC 16 W I-277 South. Take exit 2A to 4th Street and take a left onto East 4th Street Then take the first right onto South McDowell Street. Turn left onto Fast 7th Strcet and continue to the 7th Street Station. Please refer to Se�tion l.0 of the Request for Individual Permit for more information. 18. Nature of Activity (Descriptlon of proJed, indude all features) The Northeast Corridor is located within the City of Charlotte and Mecklenburg County, North Carolina. The proposed LYNX BLE would be an extension of the LYNX Blue Line (formerly called the South Corridor Light Rail Project) light rail service that opened in November 2007. The proposed project would extend approximatsly 9.4 miles and provide 11 transit stations, including seven walk-up stations and four stations with park-and-ride facilities, as well as a feeder bus system to support the light rail system. Plesse refer to Section 1.0 of the Request for Individual Permit for more information. 19. Project Purpose (Des<xibe the reason or purpose of the project, see Instrucdo�) The purpose of the proposed LYNX BLE is Lo ensure futwe mobility by providing a transportation altemative in a highly congested travel wrridor and to support the regions land use policies and goals for a sustainable growth and development pattern. The proposed project would provide high-capacity, fixed guideway transit service in the corridor. As an extension of the LYNX Blue Line, the proposed project would enhance the opera6ng effecdveness of CA'TS light rail savice and leverage the public investrnent already made in the South Corridor. As envisioned in the regions combined transit and land use plans, future development would be focused into areas that can support new development or are in need of redevelopment and away from areas that cannot support new growth. the highest density development would be encouraged around light rail stations. By focusing future growth in corridors with multiple travel alternatives, the region would be able to grow in a manner that promotes condnued access and mobility and that enhances the quality of life for residents and employees. Please refer to Section 3.0 of the Request for Individual Permit for more information. USE BLOCKS 20-25 IF DREDCiED AND/OR FlLL d1ATERIAL IS TO BE DISCHARGED 20. Reason(s) tor Dlsdrerge The discharge of soil, riprap and concrete into jurisdictional waters of the U.S. is a nece.ssary component of the LYNX BLE Project The creation of new rail ernbankments, the widening of the existing rail embankments, station construction, park-and-ride construc6on and the wnstrucdon of the Duke Access Road will require the discharge of approximately 5,095 cubic yards (Ci� of soil into the streams and wetlands that are located along the project corridor in order to prepare an even and level rail line and associated projed components. Please refer to Secdon 5.0 of the Request for Individual Permit for more information. 21. Type(s) of Material Being Discharged and the Amourd of Each Type In Cubic Yards: Type Type Type Amount In Cubic Yar�ds AmouM in Cubic Yards AmouM In Cubic Yards Soi1= 5,095 CY; Riprap = 290 CY; Concrete = 180 CY; Stee1= 5 CY. Refer to Section 5.0 for more information. 22. SuAace Mea In Aaes of Wetlands or Other Waters FAled (see Instrucdons) Acres 0.524 acre of wetlands or Unear Feet 3,3121inear f�t of streams 23. Descriptlon ofAvoidarxe, Minimizatlon, and Compensadon (sea instructlons) Avoidance and minimization strategies would be utilized in all segments of the project where feasible and practicable, and bridge would be used at the crossings of Little Sugar Creelc and Toby Creek. The Charlotte Umbrella Bank will be utilized to provide off-site stream mitigation to satisfy the LYNX BLE midgation requirements. The NCDENR Ecosystem Enhancement Program will also be utilized to provide off-site wetland mitigation via purchase of in-lieu credits. Please refer to Section 6.0 of the Request for Individual Permit for more information. ENQ FORM 4345, OCT Y070 24. Is My Portion of the Work Already Complete? QYes X�lo IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses otAdjoinf� Properly Owners, Lessees, Etc., Whose Property Adjoins the Waterbody �r mwe n,m, can ee ar�rea nero, qeace mma, a wppemarKei na�. a. Address- Ptease refer to Attachment B of the Request for Individual Permit for more information. Ciry - State - Z1p - b. Address- Cily - S1ete - Z1p - a Address- ctb - s�e - z�p - d. Address- Gty - Stete - Zlp . e. Address- �y_ �e. �p. 26. Llst ot Other Certificates or Approvals/Denlals recaived from other Federal, State, or Locai Agendes for Work Desaibed in This Appiicadon. AGENCY TYPE APPROVAL• �DENTIFlCATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER USCOE JD 200901062 2009-11-09 2009-11-24 " Would indude but is not restricted to zoning, building, and flood plaln permits 27. ApplicaUon is hereby made for permk or pertnita to auUwrtze tl�e work desaibed in tlds applicatlon. I certHy tliet thls iMortnadon in this appilcatlon is complete and acwrate. I Turther certify that I possess the authority to undertake esatbed hereln or am ad(ng as the duly authortzed agent ot ihe appticant - -j J tz.t�.11 G OF L CANT DATE SI F ENT DATE The Application must be signed by the person who desires to undeRake the proposed activity (a plicant) or it may be signed by e duly authorized agent if the statement in block 11 has been filled out and signed. 1 S U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any departrnerrt or agency of the United States knowingly and wilifully falsifies, conceals, or covers up any tridc, scheme, or disguises a material fact or makes any false, ficGttous or fraudulent statements or represerrtations or makes or uses any false writlng or documerrt knowing same to contain any false, fictitious or fraudulent staiements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, OCT 2010 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension ATTACHMENT B ADDRESSES OF ADJOINING PROPERTY OWNERS 85 CITY PARTNERS LLC 8600 CHARLOTTE PROPERTIES LLC WILLIAM SIDNEY ABERNETHY, III 13900 CONLAN CR #245 300 WILMOT RD 1901 FAIR FOREST DR CHARLOTTE, NC 28277 DEERFIELD, IL 60015 MATTHEWS, NC 28105 ABI NORTH PARK LP 810 7TH AV 28TH FL NEW YORK, NY 10019 MARK C ADERHOLT 2330 FREEDOM DR CHARLOTTE, NC 28208 ALLTEL CAROLINA INC PO BOX 428 MATTHEWS, NC 28106-0428 AMANAT FASHIONS CORPORATION 6633 N TRYON ST CHARLOTTE, NC 28213 AOA LEASING CO PO BOX 31144 CHARLOTTE, NC 28231 ARNC001 LLC C/O OAK STREET PARTNERS LLC 70 WEST MADISON ST, SUITE 5720 CHICAGO, IL 60602 JAMES L ATKINSON 8816 SOFTWIND DR CHARLOTTE, NC 28273 AUTO CRAFT INVESTMENTS INC 900 SOUTHWEST 38TH AV OCALA, FL 34474 VINCENT B SRABLE, SR DOROTHY W ABLE 3913 BEARWOOD AV CHARLOTTE, NC 28205 JOSEPH ADU 10320 KATELYN DR CHARLOTTE, NC 28269-1401 ALLTELL CELLULAR ASSOC OF THE CAROLINAS PO BOX 2177 LITTLE ROCK, AR 72203-2177 GEORGE A ANAGNOSTOPOULOS 5517 WEDGEWOOD DR CHARLOTTE, NC 28210 APPLE NINE NORTH CAROLINA LP C/O APPLE REITT NINE / BRIAN PEERY 814EMAINST RICHMOND, VA 23219 ARROWOOD-SOUTHERN COMPANY 110 FRANKLIN RD SE ROANOKE, VA 24042-0002 HENRY H ATWELL DONNA L ATWELL 1421 EMERYWOOD DR CHARLOTTE, NC 28210 AUTOBELL CAR WASH INC 1521E3RDST CHARLOTTE, NC 28204 ADAM�S AUTO GROUP INC PO BOX 562059 CHARLOTTE, NC 28256 ALLSTATES CONST CO INC PO BOX 11066 CHARLOTTE, NC 28209 ALPHA MILL LLC 227 WEST TRADE ST #800 CHARLOTTE, NC 28202 BARRY DEAN ANDERSON CLARA SUE ANDERSON 3239 DALLAS CHERRYVILLE HWY DALLAS, NC 28034-7712 ARK PROMOTIONS INC C/O ARK VENTURES INC 19401 OLD JETTON RD, STE 101 CORNELIUS, NC 28031 ATAPCO UEP INC ESTATE C/O AMERICAN TRADING REAL 8307 UNIVERSITY EXEC PARK DR CHARLOTTE, NC 28262-3355 WADE HAMPTON AUSTIN RACHEL GERALDINE AUSTIN 12354 HENNIGAN PLACE LN CHARLOTTE, NC 28214 BAKIS ASSOCIATES INC 6600 ROCKY FALLS RD CHARLOTTE, NC 28211 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SCOTTSDALE RD # NCC03 SCOTTSDALE, AZ 85255 SHANNON HARINGX 403 WOODLAWN AVE GREENSBORO, NC 27401 HENRY R HELMS 3009 GRIFFITH ST CHARLOTTE, NC 28203 HIGHLAND MILL LANDLORD LLC C/O WINTER PROPERTIES LLC 590 MEANS ST NW, SUITE 220 ATLANTA, GA 30318 OCTAVIA GARCIA CINDY GARCIA 352 LEAFMORE DR CHARLOTTE, NC 28213 JOHN D GLENN ALBERTA M GLENN 1711 VANTAGE PL CHARLOTTE, NC 28216 HARVEY W GOUCH LOUISE G GOUCH 21230 RIO ORO DR CORNELIUS, NC 28031 GRIFFIN BROTHERS AUTO CENTERS 19141 W CATAWBA AVE CORNELIUS, NC 28031 MARY E HAMILTON 4001 BEARWOOD AVE CHARLOTTE, NC 28205 JEFFREY A HARPER MARIANNA M HARPER 121 W. TRADE ST, STE 2800 CHARLOTTE, NC 28202 HERRIN BROTHERS COAL & ICE CO PO BOX 5291 CHARLOTTE, NC 28225 HIGHLAND MILLS INC PO BOX 33775 CHARLOTTE, NC 28233 GATEWAY HOMES LLC 11121 CARMEL COMMONS BV CHARLOTTE, NC 28226 GLORYLAND BAPTIST CHURCH 3001 GLORYLAND AV CHARLOTTE, NC 28206 ALFRED MARK GREEN 7305 N TRYON ST CHARLOTTE, NC 28262-5049 HRH641LLC 110 NORTHCHASE DR CHARLOTTE, NC 28213 HARBOR BAPTIST CHURCH 5801 OLD CONCORD RD CHARLOTTE, NC 28213 LOUIS M HELMS, JR ANITA B BOJANGLES 506 6910 NC HWY 49 N MT PLEASANT, NC 28124 HERRIN BROTHERS COAL & ICE CO 315 E 36TH ST CHARLOTTE, NC 28206 BRYAN C HIGHT 9528 N TRYON ST CHARLOTTE, NC 28262-3484 ROBERT MICHAEL HILL FRANCES T HILTON ELISE HUNTER HOOD ELAINE M HILL 9404 PINENOLL LN C/O HARRIETTE BONKEMEYER 6639 KEMP ST CHARLOTTE, NC 28215 1203 DOUBLE OAKS RD CHARLOTTE, NC 28213 GREENSBORO, NC 27410 HR OF CAROLINAS LLC LARRY L HUNEYCUTT ROBERT LEONARD HUNTER C/O CPAC 425 E ARROWHEAD DR 600 OWEN BLVD PO BOX 92129 CHARLOTTE, NC 28213 CHARLOTTE, NC 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' �, ry i�. � ,:j'�'x' :�����Ik� , a • � k � l � � � . �4 �#�� �����+:Y�. .f �,t ] �+��4'i ��'� � 1�} S� �.1�..' �� Photograph 14 :���� � �t � t� R.#����� pe�� . ��.�' � + � • � � • }�� �� � �� f � . � ' � • �/ � �} �ii � " � '=1:�.:�!.�d'� ` 4�J�,.A_+�i=s�?�� � View of Stream Z, on the southeast side of the railroad right-of-way. December 2011 Page 7 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit �� �:���- .. ;� .s►, iir•• .� � ,..'_.,' t� �� � . 'j"�� LYNX Blue Line Extension t Fe {� 7�_�y/ 7+��- - :� J! .y -.' ;. -r � r. y���.1 ���'J{�'� �Y - 'Y' ...'�i�T'��'r_ i�.. � 1*�.� 5 '� 4: k`'.�'�1. S` _4��� '�i.._ '�� �_ � . � � .. . ^�r1 T� ,_� ± � � ' ��� • �y�' -. �;�' . s _ .. V '�1 , �. �`.:' ` ��': �1� �, : ;,'� �_ L �1L� �qy �� `y i 4 ` M1 � .` ` . Y .• � � � �lr.' ljf�'�M!En�f� t `l;;' � � . _ � :, l a . ;; l�G�w l�"� :�!-+ � � e A- . ��' ��:�# . �: �� � � �+� ,r 1 ' , � r�• , � ��, t ,1 a,,,�� t= � v. �r`•z, S4'. 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' _•� - .�roi y�' -�`+�., • _ �*�7� _-,��„+� ti � � A i }' �� y � � y. i : �• •r�r��i� '#.4,� �1�,�''/ ��'`�x�a •�A'�'.,t� �'�`�d� 4� � . �.'� -�`� �,.� +���� `'�;'� ����� • . �'�;'.-,-, �''� Photograph 15. View of the proposed Old Concord Road Station park-and-ride facility Stream E. � z. .�;��: , ; �' : �a,., �� ts,1 . - ;.a �. .�,-ti:. . z::._+s��.,� ., ► � • s �s r ;� •-: � � s� ' � �^ ... .�i•. 4..�� '- - . is._rr.yy,.� �:_. _}aH:��,`},"g,. � �'�q . :���`�� :i'.� ;J�t�i•E•= r � `�ti:5" -.. ,x�.�. . .. - :��r� r.y4��_ . f . �. �L"a�'lG�.s.�a...�-:i�� .nrat�. Photograph 16. View of Toby Creek (Perennial Stream U) at the LJNC Charlotte campus. December 2011 Page 8 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension �� � � � •. �, �,/...�F �' •,�l... � , # �' + ' : � � . . k., � . � � .� 14. , ����- �� �r��,Y � i' � y `�� };4i �' �... .f}. {, �� i�'� L Fa' { 1� 1f� . L�� �� •� }f. �T. 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'�:%�:e:.�`' c � �e ��"�` t ..�� "� � �' - -� y _ - �� 'a�'�-'-.;;.l�i� �� .iN�' �� .� �.��-'4}���.1�.�,?-.'�.`-.-.��f�„ Photograph 17. View of the linear Wetland C, as it drains into the concrete flume to Stream D on the northwest side of the railroad right-of-way. t; `� . ,{ �'�: � ��. � 1f�/ ' '" .�.$ {'? Y F fF " � �" 4�r ���� w /�� . . � �r .� � . f��'� - ' .� ,.�.1.� �� ry ,: x . � , .� . � -•- `�,3'� �1�"'>�' • - - �.p�� � -. . � . _ r� .¢ '''y �� � ' �, t �1 � �+ �4.. ..4�' 4 { {�r'� Y � `�•� �� 16 5 ' +� ' ' ��' ¢ ■ y�_ /.� ' ... t � ' ++_ ��� Photograph 18. View of the linear Wetland Y, behind the industrial facility on Cullman Avenue, on the north side of the railroad right-of-way. 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'.- ' ' +' ' i�, ` ' . . 1 �, . F+- . " .itira6�.^ r'�".� �'.�r�f'7..y '�'�,{:'''k ;yy{,.� �r.'� .�l ~TM . ` / � t}..i+��.. ���+."�;�4K��`fy�� �y�: � �ir �,�Y�. _#�/ �. "� _ -. �� _ r ��• .. 'T � * �;�s. £t.�'~ � i/'.' ' a: , 2r. ".l���'' f i,���Lr�°jF +����"a...�,"� �}�4 . f y� ; �� +t r �.' �_ . �„ � = � ., ' �,� ' } ' /'' r-� y=. ' R ' .��='f_,} � �� ar: -. .� . �� _ _ ���,*� ','� . � 4!4v.��. ''I . ;�. ;,�. �..�. ._� t�- � ' .� kT l r��� � �f� �-��r.,�..F;�� .�V��:�1,��F 5 �-.. �1�*'�d�S:_i � 1��•r�'. Photograph 20. View of Wetland O in a stormwater detention basin behind the Northpark Mall. December 2011 Page 10 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit .+ ` �,*#, ,� � .�I�" , _ ��� "aF. k�... `+.. .�� .� ' . ry � �~h���.��� . f . - . • ��.��'�,+1 ,� � � '��" ��7 t ��il . �Y'/� �4" }��` . � �x��v�L'� �. �� �;;��_� -�_,�M1 . �} �R Y� }.. - �'. sr'�r :�� . •. �'�a ��'�. . � � x =. �. 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View of Wetland O and the stormwater pipe+discharging to this detention basin behind the Northpark Mall. �. . 3{ '��`, Y . . ��i, .,*' ; .: ^ � � � ���' �: `� .d.., ry'�� � r7p �r : ��- ��r;rr ,. �._. v�� _;�.x,.. •- +., , --r �- � i , � ..f s � ,. : �ti''-r. *, }'" qi..� . �l��.iir * � r1��` �y_, . ' - .,'�w; ti��.�r� � �f r •��Y'�y�*�� � _ "�!�r ����' � - �� ' -t � �-�hi.- � - _�'.r��7 � ..':,-�?;�� -` 41�!;� n',w._ � 9 ,x.�. - _ 0... r ��'JV',�. lrr, � r � /��"'wr . _ '' . . � ., . . �� "r ' .,,y��f r . rr �� ��.� JC ` � ' F � rl* {� ^ ' •��4 �. � �� * � '• � k �� �� � . rv � r `` ��' F' �� ' � � „ ' '� . '� " � .� � �#- rt. � -- � r V �. ���, 'r,s .�`� �.'j ` �:� . . � r r �' F � . �� �}J� 4�`_� � �. �, )' • � ,'Y. .'�'C.�� ���'i�' ' � I +�' , w . � . ' . •��i .-✓-'��� V'J'�4�� - � t � . ; ��r ��*�� ���._ Photograph 22 � View of Wetland E, located at the proposed Old Concord Station Road park- and-ride facility. December 2011 Page 11 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension ATTACHMENT E AGENCY CORRESPONDENCE U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT tl.ckioii ld. 20D901062 C011lltj': A'ICCICICiII]l1I'� U.S.G.S. Quad: Cl��rlotie East N�TIFICATIQN OF JURISDICTIONAL DET�RMINATION Property O�v�fer/Agent; Citv vf Cliarlotte - CL�rlotte Are� Tr�nsit System �, 11� f��7 ��r �� Address: 600 Last Foiu•ti� St. j `� �' � Cl��rlotte, NC 28202 f _ I� t� C: l 2� 2009 � Telepiione No.: Property cfescriptio�i: "� 3 y--=--� -��� Sizc (lcres) 514 :�cr�es (stucly corriclor) I�Tearest Town Cliai•lotte �.�=��V` Nearest Water�vay Littic St�e��' Cr.IToby C��.I11-i�llard Cr. River Basi�i C�ta�vbalY�dltiu USGS HUC Coordivates N 35,2900 W-80.75'70 Location descriptioti CATS LYNX BLE �'ortlieast Coi'ri[ior I,i ht R�il �ro'ect lacated frvz» tlte intersection of E;�sf 6��' Street a�icl the e�istin rail liue anel extenciin to the inkersection of N. Tr �on St. aucl Ui�iversit � Bl��d. Indic�tte Whict� of the I+ollo`��in� Appl�: A. Preli���iaaaa•y Deter•rninatiav _ S�sed on prclinuuary infoemation, tiiere i�iay be «retlands ou tlie nbove described property. lVe strongly suggest you l�ave this property i�is}�ected ta detercni�ie tl�e e�tei�t of Department of Ikie Army (DA) jurisdictio�i. To be cansidered ti�}al, a jurisdiction�il deterEUination miist be veritied by tkie Coi-��s. Tiiis prelinunary detennination is not aii appealable ackio�i under the Rcgulatoi�y Program Admiiiistracive Appeal Process ( Refere�tice 33 CFR Part 331}. R. Approved DeteE'ii11IlRH011 _ Tl�ere are Navigablc Waters of tlie United St�tes �vitliin the above described property suUject to the pea�mit requirements of Section 14 of tl�e Rivea�s a�id Ha►bors Act ai�d Section 404 of tl�e Clean I�Vater Act. U�iless there is a cl�a��ge iii the la�v or our pub3ished regi�latio�is, this deter►tnnation may be relied upo�i for a��eriod �iot to exceed tive years fi�o�ii tl�e dake of tl�is ►iotiiicatio�i. X There are �vaters of the U.S. includiug �vetlands on the lbove described projeck area subject to tlte pernut rec�uirements of Section �1Q4 ot tlze Clean Water Acf (CWA)(33 USC y 13�44). U�iless tliere is � cliange in tlie la�v or oi�r pt�btisl�ed regiilations, this dcter�fiination n�ay be rclicd t�po�i for a period �iot to eYCeed five years fi�on� the date of tl�is notificatio��, _��Ve strongly suggest you have thc �veflands on your properly c9elineated. Due to the size of your property aEici/o�� our present �ti�orkload, tlie Cotps may not be able ta accomplish this �vetland del�neatioG� in �I i11I12Ij� ]ll�llllef. FOi' �l Il1Dl'e �11t1C�y delineation, you it�ay wisEi to obtain a cons�ilta��t. Ta 6e cozisidered fiiial, any delineatio�� must be ��ej-ified l�y tlie Coips. l Tlie �vaters of fhe U.S, including �vetland o�i yottr project are� have been delineated aitid the delineation h�,s t�een verified vy the Coips. We stro�igly suggest you have this delineation surveyed. Upon completiou, this sur�-ey should be reviewed and veriried by the Co�ps. Once verified, tliis survey �vill provide au lccurate depictian of al[ areas sut�jecl to CWA jtu•isdictio►t on your ��roperty �vl�ich, pro�ided there is no change in the la�v or our pubiished regulations, n�ay Ue relied upon for a period not to exceed five years. _ The �vetla�ids l�ave been deli�ieated a�id sur��eyed and �re �ccuratefy depicted on tkie plat si��ied by tlie Corps Regulatory Official identifed bela«� o�i . Unless there is a clia�ige ici tiie fa�v or otir published regulations, iiiis detenni�iatioii may he relied t�poti for a period »ot to exceed fi��e ye�rs from tkie d�te of tiiis nociFicatioii. _ Tiie��e are iio �vaters of tlie U.S., to i�iclude �ti�etla�ids, prese�it on the abo��e described property ���hich �tre stibject ta tlte perniit rec�uirements of Sectioia �1Q�4 of tlie Clea�i �Vater Act {33 USC 1344). Unless there is a change in tlie la�v or oi►r ])lli]�15�1ed CC�I]Iilfl0l]S� tkiis deter�ni�iation ntay be relied upon for a period not to e�ceed iive years from the date of tliis IlOil{�ICatl011, _ T1ie pro}�erty is ioc�ted in one of the 26 Coasta] Counties subject to regulation under the Coastal Area Manabemeni Act (CAMA). Yoii should co�itact the Divisio�i of Coastal Ma3tagement in 1�'�shingto�t, NC, at {252) 946-fi481 to detcr�fune tlieir requirements. Placement o#'dredged or �ill material «�itk�iia �vakci's of the US and/or �vetlands withoiEt � Deparri�tent of the flr�ny permit �nay co��stihite a violation ot Section 301 of tlie Cleait Water Act (33 USC � 1311). lf you l�a�e ai�y questions regardieig tliis detennination aiicllar the Co�ps regulatory progrant, please contact Steve Ch� �t (828) 271-7980 �224. C. Basis Fo�• Deterifiin�tioai l�I�llard Creek�Rock � Rivcr�Yadlcin River `��hich is ua��i able-in-fact ;�t Ble�4�eti F�IIs d;�m. Liftle Su �r Creel<�Su ar Creek�Cata►vb� River ►vtiich is n�evi�able-iii-fact �t Lalce «,r,lie, D. Re�n�R•ks E. A�pe�ls Zaafo�•�n�tion (`I'his iniorm�tion �pplies anly to �����ro��ed jt�risdictional deteri��in�tions as iuclic�ted in B, abo�e) Tl�is correspondeitice co�fstihites ��l approved jurisdictional deterttii»ation far tlie abo<<e described site. lf yoli object to tliis detcrmi�iatio�f, you may request an adini�iistrafi��e appeal u�ider Coi�s regulafions at 33 CFR part 33l . F.nclosed yoti will fiiid a Notification of Appeal Pracess (NAP) fact sheet �nd request for appeal (RFA) for��f, Ff you request to appell this determi��atia�� yot� nn�st submit a coznpleted RP�1 form ta tlie follo�vi�ig address: District Engineer, Wilnungton Regulafory Division Atrif:Steve Chapi�i, Project Managcr, Asiieville Re�ulatory Field Office 151 Yaiton Aveneie, Room 208 Askieville, North Caroli�fa 2880I-5006 In order for an RFA to be accepted by the Coips, tl�e Co���s nnisE deternune tliat it is co�uplctc, that it meets the criteria for appeal u�ider 33 CFR p�rt 331,5, and cliat it llas been reccived by tiie Disirict Office within GU clays ot'tl�e date of tEic NAP. Should yo�i decide to submit �n RFA for�u, it must be received at tiie aUove address by 12121/09. "'•`lt is nat necessary to submit an RFA form to the District Oftice if you do uot object to t�ie determin�ttion in tltis corres�ondance. *" � Co�ps Regulatory Official; � �- �,pi� Dake 10121120U9 Ex��ir�tion Date 10121/2U14 Tl7e Wil«iuigton District is co�ivnitted to j�roviding the higiiest level of support to tlze public. To help us ensu��e �ve conlinue to do so, please complete tlie attaclied customer Satisfackiou Survey or visit 17tt��:/1�v�v�v.saw.usace.arm��.i�liI/WET'LANF�Sliitdcx.html ko complete tlie survey online, Action Id. 200901062 , c)'�� Ci`�f ;�k15..��t.�t-� U.S. ARMY CORPS OF [;NGI1�'E�RS WILMINGI'ON DISTRICT Cowtty: vlecklenburE U.S.G.S. Qu�d: Charlotte F,ast NOTIrICATION OF JURISDICTIONAL DETCRM Property O���ner/Abent: Cih� of Clzarlotte - Ciifirintte Ares► T1•��nsit 5��stein Adch-ess: 600 i;�st To�u�tli St, c���►�•i�rfc, yc 2a2oz 'Celephone No.: � . � �� � � � 3..�,.;3 _, ... . �� r� � i_ . . ,, c! 1, l��CIJ = ,; ; .._ , ._ . _ _ Property descriplion: Sizc (acres) 514 acres (shul�� corridor) Ne�rest 1'o��m Cl�;�rlotte Ncarest Watcr���ay Little Su�ar t:rJ'I'ob)' Cr./1Ylallard Cr. Ri��er f3asin Cata�vba/Y�dkiu CIS(iS EIUC Coordivates N 35,29QQ 17V -80.7570 I.ocation clescription CATS I,1'Nt I3I.F, Northeast Corridoi• Lielit Rail rn•oiect loeated i'rom tl�e iiitersectiori of East C`�' Street aud ttie existins� r:rii liuc �ud e�tendin� tu tlic interscction of N. 'Cr��on St. nncl Uiiiversitv Bh�d. l�idicate VVhicli of tt�� Follo�vin� A��ply: A. YY•eliutiu�»��� Deter�ni�intiou � �3ased ot� preliu�inary informati�n, tf�ere niay be ���ettaiids �ii the above described property. �'Ve sti•ongty suggrst you Iia��e tl�is prc�perty iuspccted to cletermine the extent of Deparhnent of tlic Arury (DA) jueisdictiou. "fo be cousidered final, a jiu isdicticmal cietenuinalion inusf be verified by tlie Coips. This preliininary determivation is uot an appcalable action uoder thc Rcgulatory Pcogrini Aclminish��ti��e Appe�l Process ( Rcfereucc 33 (:FR Yart 331). I3. Approved Determiu�tiou _ There are Na��igable \�Jaters oPthe CJnitcd States ���itliin the above descrihed propert}� subject to the pertuit requircmeius of Sectiou 10 af the Iti��ers atid Harbors Act and Section 404 of tlie Cleau Water Act Unless tl�ere is a cl��nge in the la��� or aur published regulatians, diis cleteniunatiou may be relied upon for a period not ro esceed tive years from the date of this iiotificatic�ii. X There �re waters of the Li.s. incliidin� ���edands ou tltc at�ovc described prnject area subject t� the permit i-eqtiireme�its of Sectioii 4Q�3 of the Cleaii W��ter Act (CtiVA}(33 USC � 1344). Unlcss tliere is a chai��;e in the l���v or ow• publislteci regulations, this cleterminaliou uiay be relied upon for R period uot to exceed fi��e years fi��n� tlie date of tliis notitic��tiai. _ �i�TC strougly sug�;est you li���e thc ���ctlands on yo�u� j�roperq� delineatccl. llue t� lhe size of your property �incUor our presc�it «�orklo�d, die C;�r�fs may not bc able to �cco�upliski this �vetlauci deliiieatiou iu a tiniely niau�ier, f�or a iiiore timely dclincatican, you may �+�ish to obtain a consiilt�ut. Ta be cnnsiclered ti�i�l, �ny dcliue��tion uiust be verified by the Corps. X'I"l�e w,iters of tl�e 11.5, inchidin�; wetlaud on your project area lzave beeir delii�eated anci the detineatiou lias been ��eritied by the Coi7�s. Wc straaigly sugbest you have this dcliueation survcyed. LJpon completion, this siu•vcy SltplllC� �� reviewed and verified by tiie Coips. Once ve�iiied, this sur��ey �vill provide an accurate depiction of all areas su}�ject to CWA jurisdictioii oi7 your propeaty �vl�icl�, pro��ided tliere is no change iii U7e ta�v or our ptiUlislied regalations, uiay be relied upon for a period not to exceed five yeai:s. `I'he ���etl�nds liave been. delineated smd sur��cyccl and are accm�ately depictcd on tlie plat si�ncd by the Cor��s Regulalacy Ofticinl ide.nfitied belo�v Ull . UIlII'SS lllCl'� 1S fl CI1k111�;C Ill IIIC l.��v or our published re�ulRtions, this determivaYion may be relied upon lor a period tiot to e�ceed five years fi•om the date of this notification. _ `i7iere are na ����Iers of the U.S., to iuclude �vctlands, pr�seut on the abovc descriE�ed property wliicli are sol�ject to tlie pern�it requirements of Seclion �304 of the Clean 4lrater Ac! (33 USC L344). Unless there is a change ii� Uie la��� or aur puhlished re�;ulations, this cieternunation iziay be reliecl upou for a period not ro exceed tive years fi•oiu tlie date of tliis ncatilic�tic>n. _ '['he property is loc�ted in oue of U�e 20 Coastal Couniies sut�ject to r�gul7tion under the Caastal tlrea A4auagen�eut tict (CAA9A). You should contact the Division of Coastnl �lauagcn�ent in Washiugton, NC, at (252) 946-6481 to deterniine thcir rei�uircmcuts. Placcinent of <h�edge<f or• fill �uateri�l �vithin «�aters of the US and/or ivetlands �vitli�ot a Dep�irtrnent of the Ariuy permit may coustitote � violation of Sectic>n 30 ( of the Clean �Vatcr Act (33 USC j 131 I). If you have a��y c�uestrons regarding this detenuivatiou aud/or the Coi-��s rcgulatarY Fn-ograu�, please cantact Steve Cl�in at f828) 271-798Q x224. C. I3�sis Tor Detei•minatior� i�I;illard Creelc>Rocl<y River>Y:�clkiu River wiiich is n,t��ikable-in-fnct nt 131e���et1 I+AIIS iI1C11. LII�IC Stifl:l�' C:recl�>Su�tv C'recl<>Cata�vb:► ltive�- �4�l�icl� is n���i�;nble-in-f:�ct ;�t l:�ke 1�'ylie. D. Remai•ks "Cl�is is .� m��1i(ic�tion �t'tl�e previous JD verificati�n issued untler tla� snta�e Actio�� ID. o�� 101211fJ9. Stnce�ihis datc, adrlitionafl n�°onerties have E�e�en added to ti�e sl��ci�� �arefi. E. Aj�pestls Informatio�i (�r>>�5 ;��ro��„��r�o„ ��>>>i��s or�iy to ap�n•oved jt�risciictio��al cleter•min��liuns as indicatecl i�i I3. abo��c} Tl�is correspondence coi�stttutes an approved jurisdietional deternunation for the above deseribcd site. If you object to this determin�tiou, you may requcst �n ad�ninistrativc �pE�eal under Coips regulations at 33 CFR part 331. Encl�sed you �viil find a Notificatiou oi ilppeal Pracess (�1Ai') fact sheet �nd rec�uest for appeal (1Zl�A) foi�in. ICyou requcst to a��peal this determiiiatian you if�ust subulit a cc»upleted Ri'r1 fonn ta the follo�ving address: Dictrict Nuginccr, ���ilniingfoi� Regul�tory Division Attu:Steve Ch�pin, Project Mat�ager, Aslicville Rcgul�to�y F'ield Office ! 51 Patto�� Avenue, R�oin 20$ fisheville, Nortl� Carolina 2�$01-5006 In orcier ti�r au RFA to be acce�ried by tlie Corps, the C�rps must detcr�niuc tli�t it is coiuplete, that it merts tl�e criteria #'ar� appeal undcr 33 CI�R part 331.5, and that it Las been receiveci by thc District Of'fice «�ithiii 60 days of tl�e rlate of the NAP. Sl�ould yc�u decide tn subiuit an RFA f'ozm, it n�ust be receivecl at fhe abave acldress by 1/2�109. "*lt is uot necessary tu subn�it an RFf� fnrrn to the Disti-icf �ftice i1'you do not object to the detennivatioit in Qlis cori'es}>c>ndence."* Cor���sI2egul��tc�ryC.)fiicial: _ ������_ i _� Date I t/2dl2409 I�apiratiou I)ate I1/2412Q14 The 1���ilnungton District is com�uittecI to prn��iding the liighest level of supp�rt to Q�� public. To hel�� iis eusure «�e contim�e tc� do so, please co�nplete thc attached customer Satisfaction Su��vey or visit htt��://�v�v�v.saw.us�ce.army.u�il/G4F3'['I.ANI)S/iudez.ht�ul to complete the siu���ey onlinc. Charl otte-Mecklenburg .STORM � WATER Services --'� December 6, 2011 Brandon J. Phillips, C.H.MM. STV/Ralph Whitehead Associates, Inc. 1000 W. Morehead St., Suite 200 Charlotte, NC 28208 Dear Mr. Phillips, 600 E. Fourth Street Charlotte, NC 28202 Fax 704.336.6586 The City of Charlotte Umbrella Stream and Wetland Mitigation Bank (Umbrella Bank) has received your request for stream mitigation credits resulting from unavoidable impacts to waters of the US associated with the CATS LYNX Blue Line E�tension Project. The credit request is summarized as follows: USGS Hydrologic Unit Watershed Name Credits Requested #03040103 Lower Catawba 3,268 credits #03050104 Rocky 44 credits The Umbrella Bank does not currently have enough credits to cover this request, however pending credit releases will adequately cover the request. The Umbrella Bank will continue to coordinate with the US Army Corps of Engineers (USACE) on pending credit releases to ensure the requested number of credits are available before the Individual Permit is issued by the USACE. When adequate credits are released from the USACE, the Umbrella Bank will issue an Acceptance Letter confirming the Umbrella Bank's commitment to providing mitigation for this project. If you have any questions concerning this matter, please don't hesitate to contact met at (704) 432-0966 or ikarl o charlottenc.gov. Thank you. Sincerely, � � � -- _ � Jarrod Karl Mitigation Administrator • �� To report pollution or drainage problems, call: 311 �;� � http://stormwater.charmeck.org �';:� (:II �RI.11'I"I'I; ., � ��. �°���.� PROGRAM October 18, 2U11 Danny Aogers, PE Charlotte Area Transit System 600 East 4th S#. Gharlotte, NC 28202 Projeci: Charlotte Area Transit System LYNX Blue Line Ext. Expiration of Acceptance: April �8, 20.12 County: Mecklenburg The purpose of this letter is to no#ify you that the North Carolina Ecosystem Er�l�tancement Program (NCEEP} is willing to accept payment for compensatory mitigation for impacts associated with the abo�e referenced proj ect as indicated 'ui ti�e table below. Please note that this decision does not assure that participation in the NCEEP will be approved by the pertnit issuing agencies as mitigation for praject impacts. Ii is th.e responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also com 1 with all other state federal or locaI ovemment ermits re lations or authorizations associated with the proposed activitv including SL 2009-337: An Act to Promote the Use of Coax�pensatory_Mitigation Banks as amended by S.L. 2011-343. This acceptance is valid for six months from the date of �his letter and is not transferable. If we have not received a copy of t�e issued 404 Permit/40I Certi�cationlCAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibiliYy to send copies oi the permifs to NCEEP. Once NCEEP receives a copy of the permit(s) an in�oice will be issued based on the required mitigation in that permit and paymer�t must be made �rior to canducting tha autharized wark. The amaunt of the In Lieu Fee to be paid to NCEEP by an applicant is calcula.ted based upon the Fee Sc�edule and policies Iisted at www.nceep.net. Based on the infonmation supplied by you in your request to use the NCEEP, the impacts that may require com.pensatory zr�itigation are summaz-ized in the followir�g table. The amount of znitigation required far this impact is datermined by permittisig agencies. Impact Tmpact River Basin C� Location Cold Yadkin 03040105 0 Catawba 03050103* 0 Stream {feet} Cool Warm Ri arian N 0 0 O.I27 0 0 0397 Coastal MarsE� 0 Buffer I Buffer II (Sq. Ft.) (Sq. Ft.) *EEP wi11 acce t a ment for the re uired rniti ation endin a roval of use of the C�ta�vba 0305�103 Ex anded Service Area. Upon xeceipt of payzz�.en.t, EEP will take respansibili#y for praviding the compensatory mitigation. The raitigation wiIl be perfoz-med in accordance wi#i� the N.C. Department af Environment and Natural Resources' Ecosystem Enhancement Pzogram In-Lieu k'ee Instrument dated 7uly 28, 20l 0. Thax�k you £or your znterest in the NCEEP. If you have any quesiions or need additional information, please contact Kel�y Williams at (919)71b-1921. 5incerely, �:J • Mich. 1 Ellison Deputy Director cc: Karen Higgins, NCDWQ Wetlands/401 Unit Amanda 7ones, USACE-Asheville (AID 2Q09-01062} Polly Lespinase, NGDWQ-Mooresville Michael Iagn.occo, agent File R.P�St4Yl,G�... � � ... ,�YDtP,,GtGGI� Dl�t-{'' StLt,tP� - j 11 � �''�� NCD�NR iVorih Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, F2aleigh, NC 27699-9 652 /91 9-715-0476 1 www.nceap.net �� � �rw.r.rr� ����� Nort� �aroli�a� �eparkrn�nt af Envi�onr�er�t and Nai�ral F�esa�r�c�s �Ifr.h�el F, �asley� �o�+erno�` W�Ilam �. F�s Jr., Secre�Y I�ovem�ic� 1�, �005 �in�ze��► R Ma�k Idorthe�t �orridor Light Rail F�oject 64� �a�t 4tt� Sh�et Chaurla�t�, �I� �8��� �egardiug: �?ata Raquest - �CH File #OS-�0�00�-U 144 �Iortheast �o�rido� Liglit R�il P'�o}e�ct Dcar Mr. lufock, 1'�e �� I�at�ral �3�itagts Pmg�amx �as two �ecor�s �#'rare �pecxes �fpl�m#� within t�ae projoct are� �hown an thc g�ner�] �x�p i�cluded v�rith yo�r lette� of 3 t�ctob�t` �00�. �1ea�e� �ee t�ie a�tachded �p �o�r ap�roxi�ate locations, 1�e iwo popuiations of rare pl�uts knov�r� to occur ala�g t�ie pr��act corrid�' are �vca�ed in t�x� general, vicin,ity of t�e pro�osed I-4�5lI�. "I�+ran �ta��n � Og-kion �. O�nc popu�ation of �`ederally and �tar#e End�xg�cred �c�w�i#�'� stmf�owcr (�alianthus achv�reimtz�i. occr��uae #�37� was found iu 19�4-�995 alouag �he �J� �9 carrEdo� a�out 1.� mil�s �o�thwest of �hc Charlattc I++�o�o�' S�eodw�y, an the roa�.side bsn�c om the north side of tlac F�glx�nve�yF aboa� �4-S� mcters east of a 61�e-�+ellow abandoned buildi�,�. In subscq� sear�hes in �UO3 �td �00�, b�ol�giats from I�I� P1a�xt �on��v�atio� Program, I�� I�Iatu�a� �3er�trkga �rog�ram, and I�� Dep�qut of Tr�orkation a►erc u�la to x`e�oca�e �he popu�atian, and it was p�es�ned axt�rpatp� .�i populatio� o� Federal �pocfes of �o�aertx a�d �#ate-�i,�if canti�+ Rare ��rolina Birdf�ot-�'e�oil {7,utus heller� occ�Irence # Q49� was found in 1�94 a� �c�red l�tiana �long �he U� 29 c�aaxidoar bet►+vc�m the Charlotte �otor �pcedwa�+ aad t�a exclxang� with T]�te�'st�e �� a�a zao�t areas o� the road �an�€s with #1a�t �e�ets#ian. �Io �awn subsequent seaxch�s for t�is �p�ies ha�e b� �n€luc�ed �n thc araa. Because of the curr�t or fornacr pres�cc of ��tateJk`eder�l list+ed plant a� a Fedcral �e�i,es of C�on�ern �n the close r+�ty ofthe pr�jec� an� bec��se of the very large size of the proj�ct, the�re is � good chancc that ona or both of these s�ocics, fa��ng woo�land bor�eers a� roadsides, cor�ld occur withi� t�c �ro�eci are� R�c �eel that a razts spcc��s stiuve�+ is warranted. Duc ta the �otc�tial �or the sunflowcr to occlr� wit,hitt �he �ro�osed 1�Ject sitc, a fomda.al �ection ��on�ul�ati� vc►ith t�'ie U� Fis� and �Y'ildli�e �ervice may be necessary. Thc Ash�ville o€i[�ic� of �h�c �.�. Fi�, and �ild�ife �civicc xnay be coz�tac-i�d a� ��8-255-3�39. If x�ute �1�nts are faund wittun the project a�ea, sp�cial planning and �are uritl be �eeded #� rninim��� di��nce to #he �lants a�d aoil. Ti he U� Y�is� a�d W�l�,life �erv�ce and t�c N� Plant Conservatio� 1'rogram shauld he co�ted iF any im��ts �re antiaipa#ed. ����i i��f� ��lYlC� �BF36Ef, ���91�i1, �0l��1 ��117� ����-��� �II� ����� Pho�e: 9fi9-�1�-�670� � FAX: �'�9-�1�3�8� 1�n#�met wvv�w.ncnh�.�r,� ���'�I�� Aui Equ�lOppOr6un�� Affirn►aifvs AGta�t Err� .50 !i Reoyd4d � 10 % Ros! �or�s�mer A'�peu � A.1#�houg� aur ma�s do r�ot show a�ddltianal �rds of natt�l heritage elc�rnenLs in t�e proj�t �rea, we have no evidence tha�k rare species ar� not preset�#. 7'he are� simply m�y not b,ave been �rveyed. 'Y`he �se of I�Iatural Herita�e �ogram data shouFd n�t be s�k�s�ituted for actual fi�ld surtveys, paiticularlp ifthe pmject are.� c�tains su�ta�le hab�tat f�r rare sp�cies, significant r��ua�al communiti�s, or priority natura] are�s. ��u �tay wxsh to checic #]xe I�attzz�al YI�-itage Pro�am d�xal�ase v�►e�sitc art w�w.ncnhp.org for �► lis�ng of raare plants an� amirn�als ar� s�gnificaurYt natural �a�r�u�ities in th� c5ounty and o� the topogr�phia quad r�p. �lease �o nat b,esitate tn �ontact me at 919-71 �-87� if you �ave queations o� ne�d itrr#hcr information. Si�xcere]y, f ��;� ��� � Misty ��in, �o#antst N� I���a�a! Heritag�e 1'rograrn �� ��'O�� ������� F '�*• �'*�k• f x � +'y; i �. i �ry '" - L ;� " ,� � �• `►Y ,++I �*�� � �' � *1�*��+ � •. � i*% �� I •5 / i ` �•_ _+•+'_._ F ` �`�M• /� ' �� - ` ' .' `'4 F _�' �#Y; ,r'r � ti f y i� � 1 � �"+� y[' + 1 1� 5 �r-, ti , `•. .. . � `. + *�� , � , � . . + y �+ � �4�f+ , +� + `4Y* � y . 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' �,.[°<' r �r~ *�`•<� x r. -Y 'Y�+�3+y +' : T '4 �}�y.,y,rC_ • f � •e a ` +rt-'_�r�_i � , ' 'w��� � ��w �e - �� :..� �J i F 5 `` .. y" xrt" .K �' _ �j+ �Y ' � : _Y - ..� �F�h� . �� ti{� `l fl�.. �� , i�. F' ' �_ R i.i"� ~'�� ■ "a.. ��V . �` •'�4`,rh�'�jf} � � �'�• 4'Y �e �� . . k, + y� � `Mr.��• � F ia • • � • ' � 1� �I 53�� i,�� ' ' •� `* �i�y� .- '1~ i Y . � 'ti�l + / i` . ioRrN�►sY caRw� I.IGHT {�AfL PROJECT QC��C � 1 k �� I�T�I�3 C."8DD11A�1 �� ��[1t8�g�B �ld�t`3�#Il ��ce of�or�s�v��n at�d �nity Af�i�s 16�� I4+f�l Service C:e�pt�r l�a�eigE� I�oit,� �a�alina �7G6�-1�01 Re$e�din� L1�ta Requ�st �G�i ��� #p�-�OD00-�Q Y 04 IVorth�ast Coxiridnr Light Ra� Fr�je�t T'k�a Federal Transi# Admiafstr�ion (1�1`A} a�d #� Char�o#te Are�'�'raas�t �y�te� (�AT�� area c�urre�t[y P�epar� a� Dra� �.nvi�ra�mer��1 Isnp�ct �ta�ema� (�]�3} fi�r t� p�n�ed �Jorthea�t Carridnr J_�gl�t lt� F�oject. '1'he Pi'+�P'�� P'�J� � located in Ch�t`Iu#tc, �rfecklea��i�g �;ouuty, �orth �i�a. � bshal��#'CA'I`5, I am reqwest�g a d�ta search �r #he pro�oae� �raject. The I�Fof#h�ast C.��ridor i� orie+ated �]orrg I�t�e �5 (I-85�k I�orth'I'r�+van S�JCI�-��, �#he I�orth �arolina R�iaroad (i�G�R�, exter�d�g ap�roxi�k�ty Y� rni1e� fr�m Ca�atear �ity C�arlottc to t��e Mec,%lexu�urg-��bamia C��fy Lina T'he pm�� would be �f'ig�re,d wrt� two tracks, one �ar �rthh�umd �ervic� a¢�d one f�r south�vup,� service. In general, the tr�ts wnu1� �e l�cate� at�gra,de. Some p�orti��s �+ou1d �c el�++�ed due t� �eo��ic oor�str�iata �r ba �'vo�d oan�icts wi� other t�ans�o�ta�i,�n f�aci�itics. � aan Iaol�g fior �y �nfnrm�a.�ion the st�t� �ay have rega�d�g sigm.fica�t eoo�ogecel r�pt��, se� as endanger�� axdd threrste�ed sp�ie�, �e�eu�i areas, hi�-qual�tY �� �vFnrnuni#ies and o#�er specoial f�i�rc�, in tlxe v�icir�ty ofthe pr�posed ��ect. A a� showing �a pr�p��sed Liglrt R,ail Altern�t�v� has b� at#ach� to t�is re�quest. ��ou1d }�ou t�ave a�y qucstio� regar�in�g this re4�t, Pte�ae fi�t �ree #o caI] me at (704) 43�-0478. Y �l ""..�"� J'''u�' i � ��� �t14�iC°9V �. �pC�C �i531S�8]]� ��OJ@C# ���T #OS-Fr00��-�104 �� ��� Flgrrr� X-X ;�� Ali�i1�1"�+I���"i �''_�il?1?EI"�f'�I� I 1�"=R.E�` I�A1E A1 T�DAIATI�fG . � �Tnited ��tes D�p�rtrn�nt af �l� In��x�i�� �rsx .� w�,�p�,� s�v�c� .��;v����a a�� ���;x��� s��� Asheviiie, North Carolina ZB�Ui Deoemb�r 2, ��OS N�r. An�re�ov �k.. Mock Assistant� Proje�# Manager North��t ��ridor Light Rail Pr�jcct Charto#t� Araa T�ausit Syat�m G00 East 4�' �tr�ect Charlott�, Idorth Carolina �8�� Ilear Mr. Iufoc�c: S�b�ec#: Sa�ping Lct#er for �t�c �a=alion of a DraB E�r�irvnmcntal hnp�ct S�t�cme�rt for the . I�Foxthcast �o�idatr �.,ight Rai�[ Project,.�haxlor�te, I�iecklcnl�g �aur,�ry, I�ax#h C;a�ala�a In�yqourle�fo£October3�b��QS,,youreqqea��a.�c�rmaer�#sonthesubjecC�rojec� We�have �eviewa� �the. i�tfo�matioie �u pre�en#ad ac�d aro�provis�ing ikh@ foilo�c�.mg corr�nts in.ac�or�rpce wi#h thcpnovisio� �f`th�Fi�h a�ad Wild]�fe�Gnordinaiion �ict, a�.amenc�d �1� [3.�.�. ��1-667e), and se�ti�n 7 of#he En�ang�ed �pecies.Act:of I.9�3, as ame�ded (1G U.�.�. 1�31-I �43� �Act�. �our 1c�Ger indicate� that the Charlotoe Traz�sit Au�thnrity is in the proveas of pr�.pa�ing a d�ft E�tvi�onmen�l Im�ac# �ta�em�rt for a proposed 1ig}rt rail gr+�j�c# that will extend about i� rniies, frorn �c�ster City �iatte to the I+�+lecklcnburgl�rrus County 1ine. `�'he pr�ject �ould be van�igurred with two �raaks, o�e for nn�th�vund service �nd oyac for southbound service. `�'he trac3cs would 6e iocatad at grade a�d vrould raugh]Y P�ralial I�orth T�yo� Slrectl'[.XS �, Y`au do not �rescnt �videnc� ofany surveys of the project ar�a far federally ]isEed sp�ciea l�avun frorn I�ecklce3burg Cnunty. Un]ess an ar�a has been �p�ecifica]]y s�uve�r� fox lisGed species a�r nn appropri��e ha�tat exists, a surnp shou]d be conducted tn ensure that thesc 1`es�auces ar� nat i�tad�erten#]y iast. Because #he federal�y e�dang�ered 9ch�veitri#z's su�nflowe€ (I�e1�a�tJ�us �c�we�r�f�ri�} }�� beer� found very �tcar �he northe� �mimu.s of the �ru�osed proj ec� we would lik� to see a d�taiied aacount ofth� �rntarnca] ar�alysis far #hi� project. Sohwcinitz's sun#Yowcr is difficult to ide�ify at any time, but evcn mo�c so outai�e thc flowering �cason (]�te �ngust ta Octo�er�. �urvcys should be conducted du�ing �he f�owe�g scasnn tn ensu.re proper identification. F,rjclo�ed is a iist af. fcde�all� cadaxrgcred and thr�a�encd speci�s and fcdcra,l sp�ctes .of can�em�t for il�iac�cicnbui^gaCo�nty. � In accordanoc r�h the Act, it is� #h� respo�bili#y of the aqa�opa�a�e fe�era] ager�cy or its �d�aignatcd rep�csc�tix�� #a re�±iew its. �c��iti es or prog�rarn� �d to iderrtify. any auch activiries or pro�ra�ns that ma}� at�'oct r.r�d,�ngcred a� th�reataned sp�.ies or t��r.ixahitats. I�'it is det�nnine� �hat t�� prop�o�ed aclivity may �dver�el� af�`ect an�► species fedcaral.ty li�ted as en��mgere� or t�reaten�d, farn7a] coasulta�ion with this afif'ic� rnu�t i�c initiated. F1ea�e notc �hat f�deral species of concern are not tegall�+ �rv�ecte� umder the Act aa�d are not �ubje�t to any o#' its grovisia�s, ir�ch�ding �om 7, unlc�s thcy are f�mally �ropvse� a� listed as e�ttgcrad or t�re�tened. We axe includir�g the�� s�ecies in our respo�ae tn give you ad�vance notificatio� �r�d to requ�at y�osff assi�tance in pr�toctmg them. `Fo protect and arnscr+re fish and wildl�fc re�otucee, we o�E'er thc �llowing rec (vs►t�ere applica�le� to help ad�ess #hc �oten�art nega�vc imp�cts {direat, �econ�,a13', at�d c��aaulative� a,s�aciated wikh #hia �ec� t. Thc consutr� of trave� coir�dors can produce s�o�t��erm dia�ect irnp�cxs a$ we11 aa lang-t�m cumnlalive e�'ects. �tudi�a have shown � scri�n� d�cline m the health ofrecei�ng wa#ers whe� imp�r�rious surfaces �cr�ase withi� a�hcd. I�vperv�ou� surfaccs alwuld be limited to no m�e t� 7 pcncex�, c� aad gubpar shoald 6e litnited in nc+�r developmc�#s, and tha diract di�charge of atarm wat�rr in#�o s�e�rr� �hottld 6e pr�ve�xted. The �oject �hould incltude or�-�ite �omx-wabc,r rnanagement {i.e., bio�etemtion a�rea�� t�at will r�sult iu ttia ttet c}�ng$ in the hydrology of �he wat�hed. �. Strittgc�nt rne�sures to oo�tro] sedimcrrt �d �xasiorx slroartd be tmpleme�ed prior to a�►�+ g�r+ound diaturbance and ��ould �e ma�in#ained tbavoug�ont p�oject co�str�ctron. `Fcmgorary � pern�ane� �erbaceaua vege#a�an ahau]d Fic pla�arted an al] bare Qai] as soan a.s poss�ble. i�Ie rc�cc�rmmcnd revegctatin� wit�tin 5�,. but no ]on�er t�t 15 daysF af�' ground-disturbin� �ctivitre,s in ordcz' t� provid� ]ung-#�rm emosion control. ��`o�#s should 6e rnade to avoid the rernoval af large �ocs at tlxe edgrs of construction cor�idors. r]isdxrb�d ar� aitould 6e r�eedad vs+ith aeed rnix�tuea that a�,c bcn�c�al to wil�l�fe. Fesrue-6a�ed rtuxtures ahou3d lx av�ided; fa�cuc �a iuvasive awd pro�+ides ]ittic 6enefrt t� wildlife. Na�ivc a�ual srnal� g�na agprop�iate for tfle se.��an are prefemed and reoo�mncnd�sd. Wftcre fe��'b��, u�c woody de.6ti� and log� frnm carridor cleating ta es�blis}� 6meh �i�es and downed logs at the e�g�cs {j ust in the wood,s} of thc cleared rights--of-wa�+ ta �rove h$bi�t fior wil�i�f�, �llowing the �iglit-�f-way to dc�relop int� a bruahlsce�u6 habitat would maxi�nir�e bene�its ta wirt�life. Righ-t-of-way main�enan�ce shoul� be mini�ec�, an� mowing s�ould be �rtn}���ited bet�recn �,p�i1 1 a�xd Ocbaber 1 in ard�r ta rednce imp�ots to ne�ting ws"]dlifa. Vife s�gg�est a maintenance ac�sednle that incoxporat�s a poreon of the �rea (e.g., one-third) each year insbead n�tl�e er�tirc p�oject cr►ery �� 3 year�. �1�ditionell}r, he�icr�es slxould nnt be uscd is� wetland ar�aa or ttcar �r�ama. �. All w�tland{sir�arn �;ross�ngs ahnnld be rnade pe�pendicular to thc s�k and sp�anx��g �iru�i�.rrea shoald }� n�d t�thcr t�aa �ul�. �. Wctlanclfs�eam buffer$ (a mi�ai.mum af 10Q fe�t � perennial stream� an� �0 fcet an intermitt�nt s�ear�s and wet�ands} shauld lx mamtained t�ougbout the p�v�ect area. 2 G. Al� wor�e in or �djaceat ��hcams shonld be caaiduct�d in a dry �+ror� arca. R�here �ossible, sandhags, ooffcr��, or other divcrsnon s�n�ctur� shouid lx vsed �a grevent excav�tio� in fiowing �waber, T#�e�e di�ion struct�tre� �haasZd be rem�ve� im�+adiately after #he ina�rea�� �vorl� ia finished. 7. Brid�e su�pax#s (bauts) shou�d no# �x placed in �]xe s€ream. Bridge� can be svgp�ted by varioua means, isrclu�ng 1vg csibs, stecl pnpe�, seeel bin �valis, �ast-in-place oancre#e, a�xd �re-ca�t ]ock 61ock walls, �rinbe�, and pier�. Whero pr�ctic��e. it�r�e�te piers sltould 6e a�vidcd. Picrs can o�ll�# del�s dKUin� flood evcnts, r�]tirig i� #�e �oouring of bridge foundations. Instr�eam picrs cau a]�o resu�t in hydrological cl�ang�s, aucl, as iaedload scot� o� depo�ition, which �na3r adveirsely� aff�.t in�cr�am habita� S. Deck dt�ms �f s�a�,ning �trucb�ues shouid r�t discharg� direcfly �nto a s#rea�n; instegd, �ey s�ould drain t]�rough a vegetatad �rea before �ntering a strea�. �� Sidc dit�ches should �tot be allvwad to drain �rect�y i�to #hc s#re�. Di►►ert ditch watcr into a cv�stnact�d sunnp or, v�►her� pas���ia. �to stable for�ted vegetation �t can fite� aedimcnt beforc i�c vv�ter reachee the s�. En�ure that adeyuate c�rv�a �nagc is in placa bet��re the cuivert approach in �rde�r to min;���� #�re water vo�urne directe�d inGo ap�o�ch di�c�r.a �t cvlvext si�as. �omside� t�rc use of ralling grad�a to divett surt`acc runo� Where �ro�s�itche� arc nsod, ense�rc that the�► are proP�rip aY'more� a� thc outict and along the Fyasc. 10. �a no� allow wes cv�cretc to oontact at�y strea,m or �n�r ot�er wa�er that haa the pote���I � cnt�r a�cam. Uncure� cor�crc#a or g�rons ca�x kil] ac}uat�c arga�sms, inclvding �xsh, by alterit►g tlte p.Y3 of the wattr. Preca�t cor�xctc auxd oarefuliy prntec�cd grout ahou�d bc ased #a eliminaGe t�e risk to f�sI�. Howcver, whau c�st-in-place concrete ia require� ali work should be don� "in the dry,° and the sibe sho�ald he efFectivcly i�olated $am a�� water t�at may en#er tlxe s�aam �ar � minirntrrn o#'48 hoxu�s. 1 I.�f` culve�ts ar+e used {instead �f a�ri�gc�, they �hould be �8 inche�s or laigcr in dia�ctcr a��d skonld �e burie� ap�rnximat�c]y � foos i��o �]xe �ream6ed; culv$rts that are less thar� 48 iachca in diam�tcr shou[d be bxuied to s dep#h ectuai tn crr greatcr than ZO p�r�ent vftheir size to a�lvw fot' aquatic life pasaa�e. Theae r�easuxem�nts rnust be based on r�al�uural t�►al�eg d�ptha. An}► perched vutle#s shoul� be oornected dtiring caaislrucEian. �L� this sta�� ofp�a,�ect develvpmaut and wi#ho�t rnore sp$cifics abou� con.stn�c#ion iocations vr techniques, i# is dif�icult for us to assess posentral er�vironmcntsi imp�cts �dircc� indire�ct, and c�rnulaeive). �e thercfoFr� r�comuiend #hat a�y cn�iramment�� documcnt p�epared £or thi5 pxoject i�clude t�c follo�v�tg (ifapplicable�: �. � compicte ar�al�rsis and compsri�nn of #hc avai�ablc �lt���ves (the lyui�d and no-buf�d aitcrn�tives�. �. A�escriptiaQx ofthc fish�ry anc# wil�life resnnzce� within exis�in� and r�q,uirad addi�onai nght�-of wa}� and an}► artas, s�tch as t�mTOw are�s, that rnay � afFected di�actly or indirectly�}►#he propa�ed p�oject. The acreagc and a descriptian o�the we#�anc3� #hat wi13 bc fille� a� a r�sult o� the p�opvaed groject �'etl�nds �'e�f�d by thc pr�posed groje�t �ould be uiap�ed in accrn�darxx with #hc Fed�era� �lanr�alfor!'d�;fy�r�g a,�d D��i�ea�ireg Jrr,�sd�ct�ai �efla�dd. R�� �+ecom�ncnd contacting t�ae CJ.�. Army �orp� of Enginecre �o d�te�na�ne t�e nee� � a$ecti�n 4�4 C�ean Watar Act �ermik Avoiding a�d minintiz�tg wc#lanc3 img�c#s is a p� of the �J, �. A�my �nrps of �ngi�eer�� P�rr,'lltting Prace.ss, and we wil� considcr othezpot�ti�l �lterna�ives � t�e review of any pein�it�. 4. Tiie extent {linear feet a� well a� dia�ha�gc� of ax�� w�t�er coenraes #ha�# wiil be im�pa�ted as a xe��]t o� #he pmn�osed p�ojoct. A dc�crip�ioa of any s#r�ms sh�auld inc�udc the classificatian (Rosgen � 99�, � 99b} and a dc�crip#�on nf the biatic re�ources. 5. 'Fh� acr�eage of upland habitat, by cover #yp�, #hat �avil� bo elir�i�ratcd btcausc of the prol�ase� �nn]ect- . 6. A des�crip#iaEt of all expoc#ed aecondary a�d cumulative environmen#al imp�cts associ�ted with thrts pr�poacd work. 7. 1� di�cusaia� about the extient �a which the pm�ect w�`il re�3t in t�c 1 a�s, dcgxa�a�on, a� �a�eTMta�an of wi�d�ife habi�at fi�rnn �irect oonstr+�c�ion im�ac� and fro�n �econ�ary develop�aerit imp�. 8. I�It�R�&17�A 111C�9Li[C8 �I]&# W1A �C C1YL���yC� �I} AVqC1l� eliminatex roduce, or corn}�enaate Sor habi#at va�ue l�sscs �wct�and, riva�ine, and npl�nd� as�o�ciated v�i#� any phase af #hc pro�ro�ed pro�oct. �Ve ap�eciaote the oppvrtu�i#y �o p�ovide #he�e co�amez�ts. Ifwe ran �e uf any as�iska�roe o� ifyou ]xavc any q�cs#ions, pleasc do nort hcsitate ta cantact Mr. Allen �katzla�' of oux �ff �t �2,81258-3 �3$, �xt. 229. �ri �ny f�tt'urrc corresponde�cc cono�rnin� this projec� Fleasc rcfcrenc� o�u �.o� I+7�nbcr 4-�-4b�45�. Enclosurc Sincere3Y, �� �� ' Brian P. ���e �, Field �upervisor r� W �l\3#l1��L' �n"J.�� lIIi1L#Yli;+l��'+�y fl� �#31\���{.i7�,�� 57����Er�7 J"LL1� PL' �L' 1�fS� ��L��� C�F ��1�C'�RN,14'�E�TCLEI�BU1�� ��UN`i'Y, �Y�IR'i'H �ALt�I�A 1'!�s li�t was ada�bed fiom thc North �arolms I+�atxu�l He�tirtage Pm�n's �o�ty S�eci�s Lis#. It i� a ]�s#ing, fur Meckiaubu,rg Cow�ty, of Idarth C'�arolina'S federally li�ted and pa�po�ad �rxlang�rcd, #,hrcat�ncd, �nd car�d€daGe spe�ies and Federal spcci�s ofcoacenn {�or a�pl�tc ]ist nfrare sp�ccies i�t thc �tat�, please cou�tact the No�th Caroliaa Nattual Heritagc Program}. Thc i�fc�tttatiar� iu this list is carnpilad trom a v�riety o� �ourc�s, imcluding �ield survcys, mu�a.u�e en� hcrb�ria, liter�t�e., and person�l corr�unicatro�. The North Caro}in� Na#ura] Y3erit�ge Progr�m's cla�ab� is dynamic, wi#h rtew recorda be��g added and old ttixortd8 �ing rcvi�ed as ne�v �f'ornlaiaa� is reoeived. Plesse note that t1�is ]i st caunot be cons�dered a deimitivc roco�d af lisked specics a�d �'ederal sgec� of concera, and it s�,nuld not bo camsiderod a sv�tute fc�r fi�ld surv�ys. Crttie�� Labit�#: {�itical ha�itat �s ttot�d, wit� a dcscripti�n, for the crnmties where it ie des3�tcd ur Pe�v�osed. Ayu�#ic speeies: Fish� and aquat�� imv�tt�brates are notcd fr�r coxurties v�+h�r� t�ty are ]mown �a nccia. Haw�r, P�ajects tba�r 3��e offec� oat doamslre�m aquatr� syatem� in adj �cent �ountie.�. �14#A��� NA14�� 9C�1�1'ITn',�C NAI� S'i'A�,'[JS 14��I�I.rE��TBiJR� CO�'I'1� �ertelfrate� G�t'o] i�a d�rt�Cr Bald eagle Invert�l'atcs �arolttta �eels�liu�r �arolin$ cree�cshr,l] c �aseul�r �3a�t� f3enr�ia �ster Ta]l lark�pur Smaot� concflow�r Schweini�'s s�flower Virgia�ia quil�cvort Y3�l��r'� tr�f'oil Mic�ta�u'a sumac �E�: Staw� Tndaa�ered �tcieed C� Ei�easfoara ca##�,s c�l#is Ha�fiaee�us 1�eplru�us L�igo�¢a de�o��x1u �#losa vaaegl�aiar� .4ster geor�tex�trs Delphira�re� exa�ta�era Ech�r�ucea �aevig�ta I�el:untJ�us s�Jix+��ils�i Isoe�es v�tgirtica �olrss he�fet� �us rntckax�ri� FSC 'I7sreatencd (p�apo�ad f�nr deli�tin� Endar�g�red �'SC C� F3�* �ndangcred* Fx�d�ngere� �SC FS� �ndangerea* Delinttion �• tax�u m o exeaotic�n t�aoughout all ffr a s:�ica� pnrtiou of its saa��." A taxon "7floc�y to became end�ag�ercd u�it�u,n #he fozraoo�b� future iburn�ghnut all n� a siguif`�at por�am of ifa r�g�," A t�xaa uuider �i�erati�n far afficial Fist�r,g �ar w���h #here is sn#�eient infarn�atiou to sup�artt listing. �Vovember ,�2 ��3 p�� } ��� �'�� A Fadcra] a�ecic� of concern--a spccie� it�at mmy � ms� not bc Liated 'nu th� �ixbo��e (�a�mer�y C2 can�datG specics c�' speCUS ua�eer ounaidaraSian �pr listmg for urhich these f� �Cient 3af�rmetiaa4 #�v sup�ourt fistio�g). 3peci�s with 1, 2, 3, n� � as�orial� be�iad tir�m iadicat�s his�n�iC, abscure, or iuxciden�i r�aorde. *I3ia�a�ia reorrrd - the �+� last o�erved ia the county q�e �aa 5� yem� ago. w w�bs�urc racazd -�SC ��e ea�dlo� ]ncatin� of obsavatio� is u�oa�miu, "* sInciden�U��ant rec�a'd - tho spacies �a+se o�s�+►cd oartside of ite noma�,l raa�e or hebi#at «�*s��ytaric retoard - ob*cure a�d mcid�ata] raaa�d � Noven�ber !1, 2UU3 Page � of � pP,�a,kN OF ?y�i �� �� � � � = 9 �ApCH 3 1aa E R � �1726 United S�a�es Depa�tmen� o� the Interio.r �"� OF�TCE OF TH� SECRETARY �J Was6ington, DC 20240 ���MER�GA 9043.1 Mr. Keith Melton Community Planner Federal Trar�sit Admir�istration, Region IV 230 Peachtre�, NW, Suite 800 A#lar�ta, Georgia 30303 Dear Mr. Meltan: ;p�C �: 2 �Q�f� PEP/NRM � � � �., � �� -.� � � ru � � The Department of the Interior (Depar�ment) has reviewed the Draft Environmental Impact Sfafement (DE[S) and Section 4(f) Evaluation for the LYNX Blue Line Extensi,an Northea�# Corridor.Light;Rail (LYNX BLE) ProJect, Northeast of Ghar��tte„ Mec�C�e�iburg County, North Ca�rolina. The Depar�men� offers t�e. � ,, followirng com�ments for your consideratia�. � General Comm�nfs The �roject consists of constructin� an � �-mi[e exfens[on of the LYNX Blue �ine with 13 proposed stations. The Blue Line Extension wi[l extend from Ninth Street [n Center City thraugh the North Da�idson (NoDa} and Uni�ersity ar�as to [-485 north of UNC Char�otte. The service wilf operate generally wifhin the existing rai[road right of way from Cen�er City to NoDa, then remain with[n tf�e Nort� Tryon_Street lUS 29} right-o#-way from Ufd �ancord Roac{ nor�h to I-48�. A d�sign option, calieti �n� Light [�ail Alfiernaiive — Sugar Cree�C Design Opfion, is also preser�ted and provides an alignmerit option with two different station ]ocafions. A majority of fhe LYNX BL.E wifl be constr�cted in previo�sly impactedlurbanized ar�as; howeve�, impacts to aquafic resources wil! accur. Th� Light Rai� Afternative will result in 3,262 [inear feet (If} of stream impacts {about 23,256 sq�are #eet) and about '1.522 acras of wetland impact. The Light Rail Aiterr�afive — Sugar Creek Design Option will resu[t in im�acts fo about 2,149 If of stream channel (18,599 s��are fe�t) and about '[ .442 acres ofi wetfands, Both a[terna�i�es will impact about 8;902 square feet of f�� FEMA f(oodway, Though it has less aquatic impacts f�i�r� #he„Li�ht Rai[ Alt�rnati�e, the construction of the Sugar Creek Design Opfion would result in an additiona� ex�et�diture,of about �$59 mEi[ion. S�ecific Comments Ground water S�ctions 11.1.1, 'i'�.2.2.'I, and 11.3.1.9 The DEIS do�s not contain su�fficien# information on the area groundwater to support the fin�ing o# no impact. Th� document does not contain informa�ion on the depth �o groundwater, flow direction, aquifers currently used, nor th� quantity of wa#er wiihdrawn for domestic and ��ablic water supply in the vicinity of the �rojeet. The document indicates that i�t some places the water ta�fe may �e very shalfow (a few feet below land surface), this increases the poiential #or contamination from spills cluring � constructior� or operation. Th� [acat�on of domestic a�d pubfic water supply wells as far as 2,OQ0 feet trom the ral co�ridor does not preclude contaminants from migrating through ti�e gro�ndwater #o t�tese pum�ed wells. Ti�e Deparfinen# suggests that the Final �IS address th� groundwater issue mare compfete�y. Section 11.3.'� .1, Pg. 'I 1 �'! 2 The sfatement that "efforts will be implemented to r�dttce the �ffects .,. on groundwat�r resources" implies t�►at effects wilf occur, yet none of these effec#s are descri�ed in the DE1S. The Depariment sugg�sts that possible im�acts and mitigation actions be docum�nted in fhe �'inal E1S. One possible source far informafion fha# might be included in th� repor� is the USGS, NorEh Caro[ina Waier Science Cen�er waterdata. usgs.gov/nclrtwisl). Endangered Species The Depar�mertt concurs wi�h #he DEIS conclusion t#�at no listed species occ�ar within the projec# area. We do nof beiie�e any �ndangerecf or threatened species wifi be affected by the proposed project; tY�er�fore, fhe requirements under Section 7 of ti�e Act are fulfilfe�, Howe�er, obligations unde� Section 7 of the Act musf 6e reconsidered if: (1 } r�ew ir�formation revea[s impacts of this [de�tified action that may affeci listed species or crii�caf habifat �n a mar�ner not previous{y consiciered, {2) #his actior� is subsequent�y modified i� a manner that was noi considered in fhis review, or (3} a new species is [isted or crifical habitat is identified t�tat may be aff�cted �y fhe proposed action. Migratory Birds The Migratory Bird Trea�y Act (16 U.S.C. 703-7� 2) proh�bits t�e taking, killing, passessian, transpor#ation, and im�ortatian of migratory birds, iheir �ggs, par#s, and nesfs, except when specificaily autharized by the D�partment, Impfementing regulations define "take" under the Migratory Bird Treaty Act as �o °pursue, hun�, shoot, wound, kill, tra�, capture, pass�ss, or collect.° Unlike the Endangered Species Act, neith�r fhe Migrafory Bird Treaty Act nor its impiementing regulations at 50 CF'R Par� 21, provides for #h� permi�tir�g of "incid�ntaf take" of mEgra#ory �irds. To avoid impacts to migratory birds, the Department recommends condueting a visual inspection of migratory bird nest�ng habita# w�thin the project area during fhe nesting season of March through Septem��r. If migratory birds are discovered nesting in the project impact area, avoid impacting the nests during #he migratory bird nesting season (March �hrough Se�t�mber). Ba[d and golden eagles are afforded additional le�af protecfion under fhe Bafcf and Golden Eagle Protection Act (16 U.S.C. 668-668d). Fis� and Witdlife Resources The D�partment offers �he followi�g t�ecammendations to help adcfress the direct, ir�dir�cf, and cumulative �mpacts that may be assaciated wiih this project an� �o hefp mEnimize impacts to fish and wildfife reso�rces: 9. Use s�anning structures for al[ permanent roadway cross�ngs of streams an� associated wetfands to minimize im�acts to aquafic r�sources, allow tor the movement of aquatic organisms, and e[iminafe the �eec� to fifl and install culverts, If culver�s are the oniy optian, we suggest using bottomless culve�ts. Bottomless ct�fverts need not be buried, thereby mEnimizing aci�erse impacts fo str�ams. The use of a cammon ra�a�d culvert s�tould be a�ast resort, and it should be buried at [east a foot below the natural sir�am�ed to alfow for proper water de�th and the mo�ement of aqua�ic organisms. Ur�der no cir�cumstances shnuld stream-cnannel widening for culver�s occur nor should riprap be placed i� the stream ct�anneE. We also recommend that all wetlandlstream crossings be made perpendicular to the stream. 2. Mainfain and/or restore wetlandlsfream buffers throug#�out the project area. Forested riparian buffers, a minim�m of 100 feet wide alot�g perennial streams and 50 feet wide afong intermittent streams, should be created andlor maintainecf afong all a�t�atic areas. W� are cancerned about impacts to any aqua#ic Y�ai�itat, i�icluding the removal of #h� riparian zone, whECh may occur in the project area. Vegetafed areas afong stream ar�d river banks a[low for a variety of exfremefy �afuable functions that incfude providing fish and wi�d[ife habifat, moderating water tempera�ure, stabilizing banEcs, [imiting eros�on, impraving water q�aiity hy filtering pollutants anc[ �xcess n��rients from t�e water, and minimizi�g the im�acts of f(ood events. Construction activities near streams, rivers, and [akes have th� potentiai to cause water pollut�or� and stream degradation if measures �o control erosio� an� sediment ar� not pro��rly ins�alfed and main#aine�. Ta effectively re��c� erosian and sedimentation im�acts, Best Management Practices should be designed, install�d, and mai�tained d�ring Iand-disturbing activfties. A camplete d�sign manual, which provides extensive details and proced�res for devefoping 3 site-specific pfans to control erosion and sedim�nt and is consistent with the requiremer�ts of #he No�th Caro��na Sedimentatior� and Po[lution Control Act and Adminisfrative Rules, is available ai: http:llwww.dir.enr.state.r�c.uslpaqes/publieations.htm[. For maximum benefits fo water ualit and �ank sta�iliz .�.. �.... q y ation, riparian areas should not be mowed. We recommend plan�ing disturbed areas with natiWe riparian species. 5uggested species include �lack locusi (on dry rocky banks), silky wii[ow and/or black wllow (Salix s�p.), ald�r (Alnus spp.}, clog hobble (Leucofhoe sp�.}, cane (At'undinaria giganfea), andlor rhododendron {Rhadadendron cafawbiense} (not� r�f�r�nce �e[ow for additional species). We can pro�ide informa�ion on poten�ial sources of plant material �a�on request. � 3. Implemenf stringent measures ta ca�trol sediment and erosion prior to any ground disturbance and maintain them thro��hoUt proj�ct construction. Temporary (e.g., rye grain, wheat, milfef) or permanent herbaceous vegetatior� shaulcf b� planted on al! bare soil within 5 days of ground-disturbing acti�ities fo pro�icie long-ferm erosion con#ro[. Native annual sma[1 grains and herbs appropriate for the season are recommended. Biodegradable erosion-ca��rol matting shou(d �� used in conjunction with appropriate seeding on �istt�rbed soils in st�ep slo�e and riparian areas. Matfing sho�ld be secured i�t place with stap[es, stakes, or live sfakes of native irees (whenever possib[e}. 4. Mair�iain a dry wor[c area for all worEc in or adjacent to the stream. Sandbags, cofferdams, or other diversion strt�ctures should be used, where possible, to prevent exca�at�on in fiowing water. These diversion struct�ares should be ramo�ed immediatefy after t�e in-stream work is finishe�. 5. Di�er� ditch water into a cpnstructed sump or, where possible, onto stable forested vegetatior� that can filter sediment before fhe watar reaches the straam. Side ditehes shou[d not be a[lowed to drain directly into the stream. EnsUre that adequate crass drainage is in place before the culvert a�proac}� to minimize the water volum� directed ir�to approach ditches at c�lver� sites. Consider the use of roliing grades to �ivert surface r�r�off from roads. Where cross ditches are used, ensure tha� th�y are prop�rly armored at the outlet and along the base, 6. K�ep equipment oui of streams by operating firam t�e banks in a fashion �hat minimizes disturbance to woody vegetatio�. [t should �e ins�ected cfaily and maintainecl to �re�en# the contaminatioh of surFace waters from � leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubr[car�ts, and oth�r toxic materia[s shou(d be stored outside t�e ripar[an management area of the sfream in a focatian where the material can be containe�. Equipment sho�ld be c}�ecked for leaks of 1�ydrau[ic fluids, coo[ing system liquids, and fuef and should b� cl�aned before fording any stream. Also, all #ueling ope�ations shoc�ld be accomplished outside the ripariar� managemeni area. 7. Keep wet concrete fram contacting the stream or any other water �haf has the potent�al to �r�t�r the stream. Uncured concrete or grout can kill aquafic organisms, including fish, by altering the pH of the water. Precast concrete sho�Icl be usea td eliminate fhe risk to fish. [-[owever, when casf-in-place concrete is required, ail work si�oUld be canciucted "in the dry," and fhe site s�ould be effectively isolated from any water that may enter the stream for a m�nim�m of 48 hours. 8. Minimize fhe amount of impervious surFace area that wfl[ result from this project. We recommend #hat all parking areas be constructed of a perv�ous ma�erial (i.e., �ervious concrete, inter[ockinglopen paving blocks, etc.). Pervious matarials are less likely fo a�sarb and store heat and are less likely fo allow th� caol�r t�mp�ratures of fhe earkh beEow to cool tF�e pavemenf. Penrious concre�e a[so requires less maintenanc� and is less suscept[ble to freeze/thaw cracking due to large void spaces within the concre#e, Pervious parking areas minimize changes to the hydro�ogy of �he watershed, can be Used to facilitate �roundwafer recharge, and often eliminate the r�ead for curb and gUtter far drainage. 9. [mplement low-impact-de�e[opmen� designs in�o the project plans. Where feas��le, we recammend that a rooftop garden, ar a"greer�" rooftop, design �e ir�corporaied �nto any "statio�lbuilding" construction plans. Green rooftops ha�e many benefits, including (a) �Ceeping buildings warmer by addinc� a layer of insufation to the roof and keeping buifdings coaler by al[owing pfants fo #aice in wafer that evaporates into the atmosphere, res�lt�ng in [ower heatin� and cooling bills, {�) reducing the amount and impro�ing #he quality of starm-water runoff because water is absorbed and filtered thrau�h plants and soif; and {c} improving overall air quality by remov�ng particulate matfer from fhe air. Th�s, along wifh the proposed storm-water runoff collectior� devices that will be constructe�, will dramatical�y decrease the amo�nt and increase the quality of storm-water runof#. Mifi�ation Tl�e DEfS indicates fha� a C[ean �Nater Act 4041401 permit ap�lication (from the U.S. Army Gorps of Engineers) wil] be submitted because streams or wetlands will �e impacted. Any Clean 1Na�er Act �-09-1�401 permit applications should clearly show why impacts are unavoida�[e and how impacts that are unavoida�le hav� �een minimized. Unavoidable impacts wil� requi�e mitigatian. The DE1S also indicates tha� mi�igation wil! b� provided by Char[otte`s Umbrella Stream and Wetiand Mitigation Barik. Our normaf �rac�ice is to recommend t}�at all direcf impacfs ta both wetfands and streams be mitigated with �he resforatior� of comparable on-s�t� streams and wetlands at a minimum ratio of 2:1. Nowev�r, we are aware that many of the streams that will be impacted by the proposed project are in "poor" cand�tion with fitfle or no aqua#ic resource vaf�e; tF�erefore, we be[ieve a 1: � mitigatior� ratio for s�ream impacts wou[d �e sufficieni. From aur recent experiences worki�g with the Gity of Char[otte, wa do not belie�e that the Umbrefla Stream and Mitigation BanEc has enough credits to ofF-set the impacts of ttt[s project. If the Mi#igation Bank does not have enaugh credits, and if an an-sitel[n-kind mitigation plart cannot �e established, then we recommend a payment to the Norkh Caro[ina Ecosyst�:m Enha��cement Program to compensate far ihe una�oidaE�[e impacts. The same recommended rafio of 2:'[ for wetlands and 1:'f for streams sho�fd be used to ca[cu[ate the paym�nt amount. Section 4(� Resources There are thr�e Sec#ion 4(f) resources in the area of po�entiaf effect: The Kirk Farm Fields, Toby Creek Greenway (pfanr�ed}, and the Mallard Creek Greenway Extension (�lanned). The FederaE Transit Autf�ority and t�e Charfotte Area Transit system have coordinated with the Mecklenburg County Par�cs a�d Recreatfon Depa�tment. Tha Director o# ihe Meckl�nburg County Parks and Recreatian Depa�ment has conc�rred that tl�e project will not adverse[y affect the activities, features, artd aftriE�uf�s of the Kirk Farm Fields, the �fanned To�y Creek Gr�enway, and the pEanrted Malfard Creek Greenway Extensio�. The �e�eral Transit Administra�ion intends to make a de minimis findirtg. The De�ar�menf concurs that there is no feasib[e art� �rudent alternati�e to #he proposeci use and that all possible planning has been don� to minimize harm to the Seciion 4(f) resources. The Department i�as a continui�g interest in working with t}�e Federal Transit Administration and �he Charlotte Area Transit System fo ens�re that impacis to resources af concern to �he De�artment are adequately a�dressed, If you have any quesiions concerning groundwater comments, �lease contact Mr. Gary LeCain, U.S. Geologica[ Survey at 3�3-236-5a50, ext.229 or at gdiecain(a�usgs.qov. A[1 o#her quest[ons concerning commenfs shaul� �e diracted to Mr. Bryan Tompkins, Fish and Wildlife Service at 828-258-3939, ex�. 2�-0. P[ease reference L.og Number 4-2-06-05'� . W� appreciate the opportu�ity to r��few and comment on fhis pro��ct. Sinc r�ly, _ ��� -� � Wiflie R. Taylor Direcfor, Office of Environmental Policy and Com�liartce �a ��� �� � �� � �� .���. North Carolina Departrnent o� Cultu�al Resouxces State Histotic Preservatiorx Of�ce Pctcr 13. Sandbcck, rldministraror Bevcrly Ear-es Perdue, Gavernor l,inda A. Carlisle, Secre[ary �effrey J. Cro�v, Deputy Secretary �lpril S, 2Q09 I�elly Gofortih Chariotte Area TYansit System 600 East Fourth Street Charlotte, NC 28202 L L� � LS � L� � A�� 1 � 2009 OFficc oC:lrchiccs �nd 1 Iistary I�i� ision oF I isctnric2l Rcsources Da�•id Broak, l�irtctor Re: Archaeological Survey of the I'roposed LYNX Blue Line �xtension, Charlotte Area Transit System, Mecklenburg Caunty, ER 06-1957 Dear Ms. Goforth: Thank you fo� you�-letter of March 25, 2009, transmitting the archaeolo�;ical suivey report by Dennis Gosser of Coastal Carolina Kesearch, Inc. for the above project. We have reviewed the report and offer the following comments. DurirAg Yhe course of the survey, no Native American ox �aistoric period archaealogical sites were located within the area of potential effect (APE). One site, 31MK1075** was recarded within a proposed station location that has since been eliminated from the project and will not be affected. Due to the a�sence af cuZtutal resources, Mr. Gosser has recommended that no furthcr archaeological investigatian be conducted in connection with this �roject. We concur with this recommendation since the project will not involve significant archaeological resaurces. The report meets our office's guadelines and those of the Sccretary of the Interior. The above comments axe made pursuant to Section 106 af the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compiiance with Section 106 cadified at 3G CFR Part 800. Thank you for yaur cooperation and consideration. If yo�a have questions concerning the above comment, please contact Renee Ciledhill-Farley, environmental review coordinator, at 919/807-6579. In all future communicatian concerning tl-tis project, please cite the above referenced tracking number. Sincerely, ,�� ' �� ; �. �� � ��.� -k-�n.�. �--�Peter Sandbeck ., cc: Loretta Lautzenheiser, Coastal Carolina Research, Inc. Locatinn: 109 East Jones Street, i2alefgh N(; Z7601 MdiGng Address: 4G17 M;u3 Scn'ice Centcr, Raleigh N(: 27G99-�tG17 Telephone/Fax: (419) 807-057i}/SU7-G599 • � �� f;F�:ART.(ITTF . September 21, 2Q09 Ms. Renee Gledhill-Earley En�ironmenta! Re�iew Coordinatar NC State H�storic Prese�ation Office 4617 Mail Service Center Raleigh: NC 27699-4�17 SEP 2 5 2009 NlSTORiC ARES�R4�,qp�QN 0 fF� t� �� -lR�� pjC�C�����V�f� ���T 0 7 200� RE: Determinations of Effects, Proposed LYNX Blue Lin� Extension, Northeast Corridor Light Rail Project, Charlotte Area Trar�sit System (CATS), Charlotte, Mecklenburg County, ER # 06-'i 957 Dear Ms. Glednill-Earley: Thank you for mesting with aur team to discuss the September 4, 20a9 E�aluation of Effects Report prepared by Mattson Alexander and Associations for the LYNX Blue Line Extensian Northeast Corridor Light Rai! Project. As summarized from our meeting af September � 5, 20D9, the effects for the LYNX Blue Line Extension were determined to be: Lic�ht Rail A�temative: Phillip Carey Company Warehouse — No E#fect McNeil Paper Company Warehouse Complex — No Effect Orient Man�fact�ring CompanylChaciwick-Hoskins No. 3— No Ad�erse Effect Chadbourn Hosiery M�IIs — No Effect North Charlotte Historic District — Nn Adverse Effect Herrin Brothers Coal and Ice Com�ar�y Complex — No Adverse Effect Standard Chemical Praducts Plant — No Adverse Effect Republic Steel Corporation Plant — No Effect General fVfot�rs Training Facilfty -- No Aaverse Effect Lic�ht Rail Afternati�e - Suaar Creek Desi_c�n Op#ion: Standard Chemical Products Plani — No Effect Republic S#eel Corporation Pla�t — No Adverse Effect Genera! Moiors Training Facili#y — No Effect ,��.� St � 1 C?l �1IJ?'r9l7.E A.19E=1 13�.=1 ��!�'i/.T -57FT��7 continued . . . www.ridekransit.org B00 East Fourth Street Charlotte, NC 28242 PH: 704-336-fi917 FAX: 704-353-D797 Page 2 Renee Gledhill-Earley September 21, 2009 In accordance with Section 106 and NEPA, these results will be reparted in the Draft E15 anticipated tv be released fiar public and agency comments next spring. We appreciate the opportunity to consult with you on the eff�cts of our project on hisioric resources and look forward to recei�ing your concurrence on the line below identifying yaur agreement with the determinations documented on the first page of this letfer. Please feel free to cantact m� at {704) 336-3513 with any questians_ aC.+�:�v�'i��y, %��/��(., �/ " / � ✓� _ _/ Kelly Goforth Assistant Project Manager Concurrence: f � ����..�` --��9 �� - a . �l Renee Gledhill-Early te c: Keith Melton, FTA Region IV John Muth, fnterifin CEO, CATS Danny Rogers, Senior Project Manager, CATS � � � � � V � JA�1 2 � 2010 ey Dece�ber 28, 2009 Ms. Renee Gledhill-Earfey Environmental Review Coordinatar NC State Historic Preser�ation Office 4617 Mail 5ervice Center Ralei h NC 27699 ci ������ � , ,�f ll �'! �f n ��'n"I!'�'+; �� �aN � zn�a 41�S�'04� �R�S�RVA�� ��tGE � o� - I�5 �- 9� I ��. � � lq 1 lo RE: Historic �valuatio� of Effects Report Addendurn, Sugar Creek Park-and-Ride Option 2, Proposed LYNX Blue Line �xtension, Charlofte Area Transit System {CATS}, Charlotte, Mecklenburg Caunty, ER # 06-�i957 ❑ear Ms. Gledhill-Earley: �nclosed pleas� find two copies of the abo�e referenced report addendum for your review in accordance wifh Secfion 106 of fhe National Historic Preservation Act. ln October, your office provided a review of the proposed LYNX Blue Line Extension. Since that kime, an additior�al location option for a proposed park-and-ride gara�e has been added to the project and is referer�ced as the "Sugar Cresk Park-and-Ride Option 2." The enclosed report provides informatian to document t�at "no effecY' would occur at the newly proposec� locatian. We would iike to request your re�iew and concurrence on khis projec# change. If you cor�cur, please sign on the concurrence line provided below an� return this letter. Thank you in advance for your assistance an this project. Please feel fre� to contact me af (704) 336-3513 wikh any questions. Sinc�rsly, ��� Kelly R. Gaforth Project Development Manager Concurrence: 8�/�la G��� ���o�' LJ � �' Renee Gle�hill-Early �,�-�;,, z I� �I-�a[a Date c: Keith Melton, FTA, Region IV John Mukh, Interim CEO, CATS (wlo report) Danny Rogers, Senior Project Manager, CATS (wlo report) ��==� �� t/- -; � � � � ,(�f �> �' vrww.ridetransit.org - - --- �v �r���iir�>. �ur:•� �;r�r�a�.�;i� .�%r���, � 600 E�sf Fourth 5treel Charloite, NC 28202 PH: 7Q4-336-69� 7 FE1X: 704-353-0797 6.� �p� 4` �, ,,.Ym,m � � � �� � ��,�a .�. .� .���,. North Carolina Department of Cu]tuxal. Resources State Historic Pteservation Office Petcr R. Sandbcdc, r\dminsstrator Betrerly Eavcs Ycrdue, Goc•crnnr Linda A. CarGsle, Secretary� �cFfre�� ). Crn�v, Deputy 5ccretary� January 25, 2a10 Kelly Go£orth Charlotte Area Transit 5ystem 600 East FoL�th Stree* Charlotte, NC 28202 Of Fs�e of ;lxclu�res and [ Cistary T�ivision of ] lisrorical Rcsuurccs T�asid Braok, L)ircctoi � � � � � � � � FFaorz�rQ Re: A�chaeological Survey Addendum of the Pzoposed LYNZ Blue Line Extension, C11`1'S, Mecl�lenburg County, ER O�i-1957 Dear Ms. Gofoith: Thanlc you for your Zetter of January 5, 2010, transrnitting the archacological survey feport by the staff of Coastal Caiolina Research, Inc. %f the above project. During tlle couise of the survey, no Native American or historic period aichaealogical sites we�e located �vithin tl�.e project area. Due to the absence of archaeological resources, Mr. Gosser has recommended that no fuither archaeological investigation be conducted in connect'ton with this project. We concur with this recommendation since the p�-oject will not involve significant a�chaeological resources. T'he above comments are made pursuant to Sectian 106 of the National Historic Preseivation 11ct and the Advisoiy Council on Historic Preservatian's Regula�.ons �or Compliance with Section 10G codified at 36 CF�t Part 800. T'hank you for your cooperarion and considerat'ton. I£ you have questians canceining the above con2tnent, please contact Renee Gledhill-�ariey, enviranmer�tal review coordiilatot�, at )I9/807-6579. In all fiiture communication concefning this project, please cite the above referenced tracking number. Sincetely, � �� r � ter Sandbccic cc: Loretta Lautzenheisef, Coastal Ca�o�Zn� Reseaxcl�, Inc. Location: I(]9 i�;�st �ones Streci, Ralci�h NC 27C01 Mai[in�* 13,ddress: 4G17 Altil Serrice (:en�cr, Ralci,�h NC 27(i99-4fi 17 Telephone/Fax: (9 i9) ft(}7-b57O/R07-0599 �������� FES 1 7 2010 c�� ����� �. �[��,1�'� i'! I��� ,��'�°l�'��; (Ill `" `� � u �-/ !� [1 FEB a 2 2d 1d NiS �'pR1C P��ScR I/A TlON OFF'10E f�Z- a� ' fq � �- January 2$, 2090 ,�.n� �/���o � �j Ms. Renee Gledhill-Earley Environmental Review Coordinator NC State Historic Preservation Office 4617 Mail Service Center i Raleigh, NC 27699 �„� �ll� l la f:E: Proposed ��(PJX ��ue Lire Exi�nsion, Cha�lc;tte Area Transif Sysiem (CA7S), Charlatte, Mecklenburg County, ER # 06-1957 Dear Ms. Gledl�ill-Earley; The Federal Transit Administration (FTA) and the Charlotte Area Transit Syskem (CATS) are currently planning the 10.6 mile extension of the existing LYNX Blue Line light rail service to the Northeast Corridor. The project is �roposed to be consiructed with local, state, and federal funding. As such, an �nvironmental Impact Stat�ment (EIS), in accordance with the National Environmental Policy Act, is in the prvicess of being devefoped that will documer�t the potential for impacts to historic resources. The project's impacts are also evaluafed pursuant to Section 1 Q6 and Section 4{�, a pro�ision of federal transportation law at Title �9, 11SC 303 that affords certain �ratections to public parks, historic sites, and wildlife refuges. Pursuant to the requirements of Section 106 of the National Historic Preser�ation Act, on 1011/2009, you concurred with the determinations of No Effect and No Advers� Effect by the LYNX Blu� Line Exkension I�ight Rail Project on historic resources. In additian, on 1I1112010, you concurred with the No Effect determination for a second park and ride optiar� for the Sugar Creek station. Based on your No Adverse Effect �eterminations on these properties, de mimrmis impacts are Pxpected for #he following resources: • Orient Manufacturing CampanylChadwick Haskins No. 3{NR Listed) -- The histo�ic baundary for th3s property extends into the exisking railroad right-of-way, awned by the City of Charlokte. The light rail tracks would be constructed within khe exisiing righk-of- way. Temporary use of the property during construction may occur. The uses would not alker the characteristics for which this resource is listed on the National Register. • North CharEofte Historic Districf (fVR Listed) -- The existing North Carolina Railroad right-of-way lies within the historic district baundary. 7he light rail tracks would be added at t�e location of the exisfing freighk tracks and t�e freight tracks would be si�ifted within the existing right-of-way to the nflrkh. Ter�porary use of property during construction would occur due ta khe grade separakion of 36th Street. The uses, p�rmanent and - a-- :� ,,� �� '�; � � e�f-° Cl/�lll�rlflL-"_�lFl£..1 �l;.�lr#'YI753,f:TE77 Continued next page. . . 'T� www.rideiransit.org 600 �ast Fourth Streei Charloite, NC 28262 PH: 7Q4-33fi-6917 FAX: 704-353-0797 Ms, Renee Gledhill-Earley Page 2 temporary, wo�ld not alter the characteristics for which this resource is listed on the National Regisker. • Herrin Brothers Coal and Ice Company Plant (NR Eligible) — The historic boundary for this pTOperty extends into the existing North Caralina Railroad right-of-way. The relocated freight tracks would be locate� within the existing railroad right-af-way. A temporary conskruction easement would also be required. The uses would not �emolish any structures and would not alter the characteristics which mak� it eligible for the National Register. • Standard Chernical Produc#s Plant (NR Eligible) — Permanent acquisition of minor amounts of property for sid�walks and landscaping. Temparary use of property during construction. The uses would not demolish any structures and would not alter the characterisfics which make it eligible for fhe National Register. • Republic Steel Corporation Plant (NR Eligible) (�ight Raii Alternative - Sugar CreeK Design O�tion only) — Permaneni acquisitian of property for alignment wauld bisect areas used for storage. Temporary use of property during consfruction. No demolition of contributing resources or buildings. Access ko t�e site would not be restricted by t�e pro�ect, except during constructior�. The uses would not demolish any structures anc4 would nok alter the characteristics which make it eligible for the Nationaf Register, • General Motors Corporation Training Plant (NR �ligible) - Permanent acquisition of minar amounts of property. Temporary use of property during construckion. The uses would not �emolish any structures and would not alter the charackeristics which make it eligible for khe National Register. CATS is seeking your concurrence w�th these findings for inclus�an in the Draft �IS. Following the release and public review of the Draft EIS, your concurrence wili permit FTA to conclude its Section 4(f} responsibility, with respect to these resources, with a determination that the project will have de mrnimr's impacts on these resources. If yau concur, please sign and date this letter in the spaces below and return a copy. We a�preciate your review and consideration. If yau have any questions or concerns, please contact me at (704} 336-3513 or kaoforth ,charlattenc.qov. Sincerely, /�� 1 ��r:/�-��C 4 Kelly R. Goforth Project De�elopment Manager LYNX Blue Line Extension Light Rail Project C: Keith Melton, FTA Region IV Danny Rogers, CATS As the official with jurisdiction o�er the referenced historic resources, in accordance with Section 106 of the National Historic Preser�ation Act, I cancur that the proposed Ms. Renee Gledhill-Earley Page 3 LYNX Blue Line �xtension project, as described in this letter, will not ad�ersely affect the activities, features, anc! aEtributes o# the Orient Manufacturing CompanylChadwick Hoskins No. 3{NR-Listed), North Charlotte Historic District, Herrin Brothers Coal and Ice Company Plant, Stanclard Chemical Products Plant, Re�ublic Steel Corporat+an Plant (Light Rail Aliernati�e - Sugar Creek Design Qption on[y), and the General Motors Carporation Training Plant. I have a[so been informed that, based on my concurrence in the Section 106 determinafion, the FTA intends to make a de minimis finding regarding impacts to these resources, thus satisfying the requirements of Section 4(f). S i g n at u re: -�-- 0� �� i�-� 4� Re�ee Gledhill-Eariy NC State Histaric Preservation 4ff[ce Date: �Y � �� � fia STN'[ 4� � µn.xi�� � F � �J � � �( � �li •� �lV 1��� North Carolina Department of Cultural Resources Statc Historic Preservatiati 4ff�ce Pctcr S. tiaudbrck, Adininistratnr Bc�•crlr l�;acc; Pcr�luc•, Gu�crnor Lind� A. Cnrlicic, Sccrctar}. ]rflrc}• f. Cron�, l�cPt�n' Sccret:�n• Fe�ruai�� 7, 2011 Kell�� Gofortli Cliarlotte Aica Trafisit System G00 �ast Fourtli Sticct Cliarlotte, NC 282U2 ������� 6�� ��a i a i I`��`� �v-.._� y� �� 2�11 Ofllcr nt ;lrchi�•rc aud l liston� Di� inion t�F I lis{oncal Rc:ourcey ll.iti id 13roak, l�ireetor RE: 30% ciesigfl cl�aiiges for LYNZ — Blue Line EYte�ision \ioitl�cast Coiridor Ligiit R�il Pcaject, Ch�rlottc, \-Ieckle,�b�u�� Cour�r}�, N:R OG-�957 Deaz ��Is. Goforth: Tliank ��ozi foi ��oiir letter of October 26, 2010, t�aE�siivtti�lg the 3a% dcsi�i ch;�nges at t4iree lor�tioiis aloiig t�ie 131ue i,irac noitlicast co�ridor eitcnsiori. �Ve apologize fo�� oui inucli dela}�ed respoi3se, Hai�iiig ievie�ved the c����igcs benveen die 15% aud 30% designs at the tliiee locations tE�nt invol�red fiistoric pioperties, �ve offer tlie %llo�ving commcnts, MeNeil Papex Coxt���ariy ��ilarelzouse Cox�iplex —��fe co�icur d��t r��e cl�anges sho.vn in the 30% desigiis will nat affect tliis Natioiial Register-eligible piope�t��. Caie s�iould be tal�en during coe�sttuction to atroid t�ie site eithei tl�iough constt•iiction Eencing or soi��c otl�er clearE}� L�Eiderstood const�uction/staging tccluuque. Herrin Brottters Co�l attd Ice Coinpany Coiu�le�. —�vc coticur t��at die chatiges s�io�vn in the 30% ciesi�ri �vill not advcrscly affcct t�ac N�tion�l Registcr-cligible site, if t�1e iie�vlj� ulcluc�ed retainiE�g ���all do not take anST iig��t-of-wa�z froin t�ie I�istoiic piopeity� aild t��at the use of ��ile/paclei �valls does not czeate vibrations that could ciamagc tl�c liistoric structt�ics. Stayiclard Chemieal Produets Plant -�ve concui tl�at tl�e �ie�v, tliird optio�i (lA) �vill tiot aci�rersel�� affect tlie I��ational Register-eligible piopeit}', if no adclitional right-of-�va�r is requited. '1'lie above co�a�t»ents aec axaadc ��ursunc�t to Scctio�� l06 of tlic Nat�anal Historic Pieset�Tation Ilct and tlie abo�Te conunents aLe n�ade puLS�iaut to Section 10G of the National Historic i'rescr�=ation s�ct and tlie tld<<isoiy Conncil oti Historic Preservation's Regiilations Far Compliaiice ���ith Section 10G caciified at 36 CrR Pait 800. Location, lU9 I�ast]one. titreet, Raleigh t(; 27GIIl Ak�iling Adclress; 4(17 \Fail Sen ice Center, Rnle�gh \(:27(S19�qC17 Telepl�one/I�:u;: (919) 807-657U/SS17-G599 '1'hauk }�ou £ar }iour cooperation and considcratio�i. If �rou lfa�Te questions concer�ung r��e abo�Te co�i�i�ent, plc�se cautact Renee [Tledliill-1-i;arle}�, eiivironniental ie�rie��r coorduiator, at 9"19-$07-G579. Ir� all fl�tuLe coii�iiurucatior� concernu�g tlus pioject, ��le�se cite die al�ove-ieFereE�ced t�acktng nuinbei. Suicerel��, �`�`�� '`"�`.w'� ,����� �Claudia Brotiv�� cc. Tiances AleY�ncie�, i1-fatteson & 111esancier, fale,��lder3_ci,caroli�l:i.i•c•.co�1� ���4 �,d "."a� �. �� �� � � t F Y � / 1 C �� � ,� Q�4Y1�'�Y North Ca�olina Depas�tment of Cultural Resources State Histotic Prescrvatiosa Office Claudia R. Rrrnvn, ;lctin�; :1�iministr�mr F3crccl5' I?.i��cs Pcr�iuc, Cn�'crnnr I.isid.i :1. (:�,irG.lc, Secrcniry �cftrcj• �. Ccrnc�, llcputy Setrct�ary' March 2�, 2011 Kelly R. Goforth LYNX Blue Line Extensian Light Rail Praject CA"I'S 600 East Fotzr•th Street Chaclotte, NC 28202 � ������.Y.�� � MAR 3 4 2��1 �� ��_� :_ ��� (1f Iite nl ;lrehfres ;tn�3 [ Iistury� I)it i>inn e�l I{istuiic�l Rc:nttrccs l)aciJ k3rauk, Dfrettr�r RE: LYNX- Blue Line Extensiaxi, NE CorricEor Light Rail Project, Her��ii� Brothers Coal ar�d Ice, Cliarlotte, Meckle�iburg Cot�tity, ER06-1957 Deaz� Ms. Gofortlf: Thatilc you fot• your Marc�i 17, 201 i lettez- concerui�ig tlie a6o�re reterence u�idertaking at�d tiie zzeed far additiozial rigiit-of way at Heri•in Brot�iers Coal aiid Ice, a�>�•operty deteF�mined eligible foi• listi��g in t�ie Natioi��l Registe�• of I-Iistoric P�aces. We undetsta�tcf froi7� yot�r letter tkaat CATS ���ill ►leed to obtai�l 5874 square feet of additio��al rigl�t-of-way in #t�ont of atic� along the t��ack side of fhe l�isto�•ic p►�operty. `I'he i•easo�l is to accommodate the sidewalk ai�d retairiitag wall along 36'�' Street aud n�ai�iteilance of the t�-ai�li�ig wall alot�g ihe ri�ackside of the He�•i•izi Brothers p��operty. We have re�iewed the uiatErials st�bmitted and still Uelieve tt�at the proposed ��ndertafcitig within tlie li�a�its showii ��ill ��ot adversely affcct the qualities, which c�ualify He��rin Brothers Coa� at7d Ice for listing in the National Register canditioned upo�l no additioilal need for eighl-of=way, \'ll�l'3t101� ll1011ilOi'1�1� CiLlT'lIl�' conski•uction (i#'warranted by t��e vibi•ation analysis), and our revicw of the ��ro�osed pilelpaiiel walls ala��g the edges of tlie ��istoz•ic propei•ty. The abave conwients are made pursu�nt to Sectiou laG of �l�e Nationat Historic Ptese���atian Act and the 1ldvisoi�� Council oii Histoiic Piese��Tatio�i's Regulations far Coinpliance �vith Section lOb codified nt 36 C�'R Part 800. T�iank you Eoi ��oui coopc��ation and consideiatio��. If �=ou lia�-e yucstions coiicertun� the aborre coiiuiiei�t, contact Renee Gledhill-Earley, enz�uoilniental revierv cooidinator, at 919-807-G579. It� al! future co�nmu�ucatioci cancerning tl�s project, please cite the 1ba�Te refeienced t�acking i�u�i�be�:. Suicercly, �-�a.a_- I�.c-��'"� � �Clauciia R. Bio�vn Lacation, illt L,ast Jones Strcet, Ralci�h NC 27GU1 Afailing Address: 4G17 \i,ul tien�icr (:entur, Ralci�,h \'C 27G99-4617 Tcleplione/Pax: (9l'J) ft117-657�1/8U7-G597 `�„-, t��. �� �1 � � .1�:1 �=��r� �'''� �aaY ;� �r 2oi� �' i _� Ms. Renee Gledhili-Earley Environmenial Re�iew Coordinator NC State Historic Preservation O#fiee 4617 Mail Ser�ice Center Raleigh, NC 27699 � ��� `z Q �� i�ih; fl���T i� ��i���a, May 10, 2011 Re: E.YNX-Blu� Line Extension Northeast Corridor Lighk Rail Projeet Historic E�aluation, ER # 06-1957 Dear Ms. Gledhill-Eariey: � �c�.�a� ��� � � 4v;;�Y 7 2 2011 1�I�T(�4��C �IZ�StI�V�ilO�k OFF1C� t �t� P�, n,,,,� � Zp( [ t , ���r ���'` ` � �:) ��� ��i f`�`> 1 TIlfS letter is notify you of a design consideration for the subject projeet tha# invofves t�e Grinnell Manufacturing Building, a contributing resource of the f�orth Chariotte Historic District. As presented in the �valuakion o# �ffects report (Se�tember 4, 2009), portions of the proposed LYNX Blue Line Extension Northeast Corridor Light Rail Project (LYNX BL�) lie within the boundary of ihe IVorti� Chariofte Historic District. Several act�ons including new track installation, new alignment, retaining walls, the depression of 36th Skreet, development of the 36th Sfreet Station, and consfruction of a new freight line and bridge would occ�r near #o andlar within the area of the North Charlo#te Historie District. 4f particular note, and the pur�ase of fhis letter, is ti�e proposed retaining wall that woufd be built along 36th Street, adjacent to the Grinnefl Manufacfuring Building (see attached exhibik). The tops of Tetaining wafls deflect, or rrtove slightfy when placed under laad. While normally not a problern, further de�eloprrtent of our engineering analysis has determined that khe deflections of khe previously proposed refaining wall along 36th Street could potenkially cause structural impacfs to the GrinRell ManufacturiRg Building due to its close proxirnity. Ir� an effort ta protect ti�is hiskoric resource, the LYNX 8LE engineering team e�aluated two fypes of suppor� systems for khe rekaining wall. The conventional support system includes the use of a tieback system, which would intrude further onto the Grinnell Manufacturing Building property an� could still result in some sligi�t movernent of the building. The second type of support system evaluated is the use of an underpinning system beneath the foundations of the building to support the building and protect if fram deflect+ons of the retaining waU. Essentially, this techniqu� involves khe use of helical pier supports (i.e., steel supports with helix-shaped bearing plates thak are screwed into the ground) beneath the foundations of the building. Rugged steel galvanized helical piers would be installed in khe soil to fransfer the weight of the historic building onto compekent, load-bearing strata or bedrock. Durir�g the installation, helical pier supports woufd be mechanically screwed into the soif. Once appropriate depths and capacities are reached, a heauy-duty steel foundation bracket would be connected to the piers and secured ko the building foundation's footing (see Figures 1 and 2 in the attached exi�ibit). The weight of the building would then carefully be transferred to the piers and anto the compekent soils below, preventing any future settlement of ti�e buiiding. It should be nated that while this technique waulci require a physical aktachment to fhe buiiding, its purpase is to protect the building from damage and it is located completely underground. Use of the underpinning system could allow for a slightly thinner wall, but the overall length and height would be the sarr�e as previously shown. From the building and street viewshed, there would be no noticeable difference in the wall from what has been proposed to date. - -1 . � `� _. v'' � � -:� �� �. ��� '' L:'7�!/ljf/I/E.�lI:F�1 J:l�•IrJ'r7ISSf�Tr3J Continued . . . www.ridelransit.arg 606 East Fourth Street Charlolte, iVC 28202 PH: 7Q4-336-6917 FAX: 7D4-353-0797 Ms. Renee Gledhill-Earley Page 2 CATS would nok req�ire permanent acquistion of any of the properly, including any porEion of t�e Grinnell Manufacturing Building. However, addikional temporary construction easements would be needed for instalfation of the foundation brackeks. It is ankicipated khat un�erpinning would need ko be placed around the en#ire side of the building that faces 36ti� Street, and pateniially up to a�proximately 20 additional feet along tha per�endicular faces of the building (see attached ex�ibit). It is ankicipated that an approximake 5-foot temporary construction easement would be r�eeded beneath the building for subsurface construction in fhese three areas. While no additional temporary construction easement woufd be needed on t�e exterior of the builcfing along 36ti� Street (because the property �oundary is located aEong the exterior of ti�e building}, a tem�orary construction easement of approximately 10 feet would be needed along the exterior perpendicular faces of ti�e building in fhe area of underpinning. The atkached exhibit shows a plan view of the proper#y and a typical section showing the proposed easements and the building foundation underpinning. As detailed, the proposed action would not result in negative impacts to fhe Grinnell Manufacturfng Building. As such, we feel tha# the previously-determined Finding of No Adverse Effect for the North Charlotte Hisforic Disfrict is still �alid. Additionally, based on this No Adverse Effect determination, it is the intent of the Federal Transit Administraiion to make a de miriimis Section 4(� finding for the North Chariokte Historic District as the proposed acEian does not constitute a constructi�e use of the proper#y. We ap�reciaie the opportunity to consult with you on the effects of the project an historic resources. If you agree with the determinations documented in fhis letter, nameiy No Adverse Effec# to t3�e North Charlotte Historic Dis#rict, we look fann+ard to receiving yaur concurrence on the line below. If, however, you disagree, or require any additional information, please da rtot hesitate ta contaci me at (704} 336-3513. Sincerely, � �-/� Keliy forth Project De�elopment Manager Enclosure Danny Rogers, CATS Senior Pro}ect Manager Keith Meltan, Community Planner, FTA Region IV �obert Baughman, Project Manager, STVIRWA Jennifer Schwaller, En�ironmental Task Manager, SNIRWA Concurrence: Finding of No Adverse Effect - North Charlotte Historic District _.Q_,� t��e�����_� -- zc�_ � �7�1 � l Renee Gledhill-Earley Date NC State Nistoric Preser�ation Qffice V � Z i 3 = �o � � 3 Q � � ` � _ Z o G O � w -Qs �� � �, ,, � d�fN5�92��J��� N �d9N�IS �� , � �J,J N � (� W O � � � W � � � W \ i S� �d'S I � I I W Z , U F- W W � � � 2 H (� M �li �� �� , �o , i C I � I i -_ �' I I c I C I� � � � �Z I �Or w � ��� i ��� i LL Z W W i ��� � � + � �� I � J � m Z� �� U� � ��� � Z J J W Z Z � (� N W HU' O � T � W � � �,.,, � \ ........_ \ \ \ � z w C9 w J W o Wo a °w� ��z ��z �w �� �� v�Z qa�w ��w o� �a �p aa� aaiw ai�w » X�Z XO �W� w0¢ �O¢ m0 wa� wF aa� FUw v�Uw CS� �` , d ^ � � �� � � �� � � o\ � °�\ �, i� �i . 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LL � r � S a w � � 'O 'O 'O -p 7 U � N� ¢^ � � ,y N N N N N 4 �`�;� {] w� t�� v�pU � O O O O O x }��"'. �t w 0 Q Q Q Q Q z ',F'-. �11 O O O p �.�i •� +�'S '.IL LL � '��°a _ raa o 0 �� '�f �-.�'-.�l' ,�i � Mc� ti�crand o dd d dd - � � � ,.�� l l'y "' 1 � � 1 Grinnell Manufacturing Buildin�SHPO update_Rev00.pdF � � �� �'� ����k��.�'�"R'�:,., I�avemher 29, 2fl11 Ms. Renee Gledhill-Eariey En�ironmental Review Coordinatar I�C State Historic Presetvation �fFice A617 Maii 5ervice Center Raieigh, NC 276�J9 Re: LY�Vx-E3i«e Line Extensian Northeast Carridor Light Rail Praje�t f-�istoric Evaluation, ER # 06-195T Qear Ms. �led}�ill-�ariey: Thank yQU tor your emai# �f November 1 d, 201 i relative to concerns of tf�e property awn�r of the Jahnston and Me�kl�rib��rg Mills property in ti�e North Charfotte Historic Qistrfct. Wsth regard ta those can�erns, we �ffer the follawing: Machine 5torac�e Bi�iiclinc�,— Johrisfon Mill Regar��ing �aatential impacts to the Machine Sforage [3�►ildir�g �National Ftegister element 342by resufting from tfie prv�osed LYNX 61ue Zir�e Extension Nartf�east Corridor Lfgfit Rail Praject {l.YN7{ BLE} retaining walls, the Machine Starage Buflding �also kr�awn as the "Boxing Academy Building°} no lang�r exists. In 2010, the Cfiarlatte-Me�klen�urg Historic Landmarks �ammission isstied a Certificate of Apprapria#eness for demafition af the huilding �see Aftachment A; a c«rrer�t aerial photagraph is also attached which sh�ws tf�at the ��uilding no langer existsj. It shoultl t�e noted that CATS was nat involved in this demalitian and it was not perfarm�d ir� �rder to accomrnadate �he LYN7C E3LE. Grinnell Manufacturir�n 6uildiri Regarding t17e potential irnpa�ts ta the Grinnell Manaifact��rinc� Quilding fcarrt propased LYNX BL� retaining walls, CATS has been in discussion with Merrifield Patrick Vermiliian �MPV} regarding �ot�ntial irr�pacts #o that property. CATS, FiA and SHP� r�et with MI'V on Novemher 2, 2�11 to C�lSCLlSS �oncerns. As cfiscussed at the meeting, tiie addition of a retaining wall for a relativefy shart �orfion of 35"' 5treet wo�ild noi consfif«te an adverse effect. Additionally, througf� ti�e canstrirction flf the r�taining wall and praposed underpinr�ing of tlie Grinneli Mant�fact��ring Biiilding, CATS has avoided direct irrtpacts to the b��ilding structfire. All materials relativ� to the afo�emerttionecf ineeting and deferminations have heen pra�ided to 5HP❑ previa�isfy. Ftailraar! 7restle -- Mecklenhi�rn Mill ihe Natronal RegiS#er indi�ates tliat a firnber railroad tresfle �Nafiortal Register element 344a), circa 19fl5, is located behind the Mecklenbtirg Mi�l. The location of t�is trestie is stiown hehind the westerr� partion of the huilding and was thougi�t to no fonger ba in existence. However, CA7S has naw canfirmed that tf�e frestle does still exis#, hut is located hehind the eastern portian of t}�e building within an overgrown wQOded area, wefl within ti�e existing raifroad rigf�t-af-way. Tfie railraad trestle is designated in fhe Natianal Register listing as a c�ntributing resatirce to the Meck�enb«rg Mill, wiiich in turn is a contributing resaur�e of tfie fVorth Charlatte Historic ❑isfrict. New track iR�stallafian for the proposed L.YNX BLE woufd _ ,� ��'�7�`��' _ r,�1•i1�»!!JL•'.-71,'1.'-1 irrl,t��;���y:��ra� Continiied... �vw►v.ridefrar�sif,org 600 East Fauri�i Siraet Charlofie, NC 282D2 PH: T�4-336-6�iT �AX: 704-353-0797 Ms. RP��ee Glecll,i�l-rarley r'a�e 1 nscessifale der7talition oF tiie timl�er railraad fres�le. A team carr�F7rised af slrE�ctisral er�gineers a�ui h+storians have aval«ted fi�e lirnher railro��cl lrasile, an�l c�otails are ir�cl�uleci i�i fi�e aftachetl lef�er re��orl �Altachmen� C3}. This repo�t in[llaales lhaf: o Tfie re�ajor cort�parler�ls of !!ie exisfinc3 raifroa�l lresfle ff►a� reinairt have F�een reE�lacecl aver firl�e. Tl�erefora, wliat exfsts �atiay Fs nof tl�e ariyirial 13D5 lres�l�. • 7he 3rack r�il and crosslies no lon�er exist �nri ��7r� r;xisting tr�stle is in a slat� nf ciisre��air. ■ 7iie exis�i��g finil�er suhslrucf�fre �aostdafos the E}arioci of si�r�ificarlce !ar !#te Norili Ci3arlofie Histaric District. � Tf�e rzaairi c�elivery I�ack attd railroa�f s��ur have i�eer� removed, al�sct�rir�g tire arigirial desi�n arui f�mctinri of llie coal distrilxitian systern. Tlierefnre, CnTS pro{�nsPS f�iat t�ie �irnl��r raifro7d trestle r�n lnn��r r.nriirihutes fn Ihn Me�klerit��rrg Mil! or to ihe Nork}� Cfiarfotle Nis#or{c Disirict. fls such, the praposed ciemofi�ion of tiie tresile wof�ici n�f result in r�ec�alive ri3�pacls to f��e Mecklenf3urg Mill or fa the i�arlii Chariolfe f listoric C]isfrict. �l�l�erefare, �ve feel �l�at llie ��revio�isly-detert77ine[f fi�ufin� of NQ flcfverse Cffe�t for lhe iVvrlh Cliarlatle Historic i3is�ri�� is s1+ll valicf. f1ciclilfonaliy, it is slilt fit� fnferit of ihe �'ecleral l�ransif flciminis�rattort ta rtiake a de f��rirrr»ls Sectia�i �i(f} fi�uiiri� for il�e Narlh Cl�arlalle H{sfari� ❑isirict as tiie �rvpase�l acliot� cfoes nat consfiiufe a canstrt�cti�e use af ifie praF�erty. F"iA is c��rre�il#y ttevefa��ir�c� �lie Recor[i of De�isiol► far �I�� LYf�x l3LC. The RC]D �A�ill talce inlv cansiderazio�� a�! cami7�er�ts receiveri on fit� Finaf CI5 �3ncf will includ� res{�onses to aq�nr,y �nd pulali� �amrnents fhat wer� received. "��his letler will ��e ir�cicrded in �h�: ROI]. If you �yree wilh tlie cieterniina#rorls doc�finer����i in f�iis lette��, riamely Nn Ilc�verse C:(fect to flie �farfl� Charlo�te Histaric f�is�rict, �ve laok forwarci to teceivfng ya«r' canc�rrrer�ce oEt ti�a fine below, If, ftowev�r, you disar�ree, or rec{uire any aciciitional ir7fo�rnaiian, please da itof i�esifaf� �o can#acf ine at (704} 33G-35'13, If is anficipafeti E��ai tite F2�17 WfII k}8 155Ued !Il IafL 2O1'I, SUI)SP.t�UEfl# f0 f�1B Ii�I3, fll� I��7fl S�B�)S 1�+QlI�tI E)L �7Cq�]0ffy c�CC�iliSft{DIl ar�c! ffnal tlesic�r�, iollowed I�y conslrt��lio��. Il is curret�#iy ar��icipaled lftaf tl�e LYNx 8l.� wauld ape►� for rev�r�t�e servi�e in late 2QiG ! early �09 7, We aF�precia�e lhe o����orf��nity fo ca+�sEilt 4vith yoa� or► lfie effecls of !h� projec[ a� liislari� resot�rces. Sir�cere�y, '� : ��.����__ . _ Kelly R.'Goforlh PrnjPr,t ❑�:v�lnpmel�� Manar�er Enclos�fre Danny F2o�ers, CATS �3LE Project ❑irecfor ICeili� Melfon, Cornr7���nify Pfar��tc;r, FiA Region IV Briar� Sr��art, �nvirann�ental Profec�fa�� 5pecialist, �TII f�e�io�� IV Ca�icirrre���o; Cf�ir11��� ai �10 R[lverse Cffact an tlio Nartfti Cfiarlotke Hisforie I]istrict ��_O �, �d �a . rw � fter�ee Cledhill-Earley �iaie NC Stake Hisforic f'reservatian �Ifice ATTACHMENT A MACHINE STORAGE BUILDING INFORMATION �F � � � ��"�.� ��` Cha��(oi�e-Mecklenburg K��%r�c I�ndr���rk� Cornrni��ion S�ptel�lber 7, 2010 Pete�• Zeiler Hp�ising Services 60� E. Trade Street Cliarlotte NC, 2$209 Mr. Zeiler, t_.. t r : � _� , . B i .�.' ` � , � : . � ... +- �', � . ' i f � . , ,. ., ._- . . � ,. . _.. - > �'�.. ^ , � .. ,... , , _ . 4 �,'; ��i�t' I % i[)!I.) , r � S _ ` � _. � � 7 � {f P F� 4'4` � � .';��'. iv � E � . � � E. : �.:_,_....: �. � : .__�_... _.._:.... , .... .. � . . _. � .,_.� Tl�is is ta coz���-x�� that Cet•Eificafe of Approp��iateness 09-03 fo�� the Johnsio�� Mill, loc�tec� at 407 E. 3G��' St�•eet, has beei� isstted to you, so t1�at you may materially alter the pi•o�et•ty. Please �� ad��ised that tl�e �work rn��st conform in alI res�ects ta the descriptian co�ltaiii�d in the attacl�ed Certifieate. PEease coi�tact tl�is office once yoii l�ave compietec� the �vo�-k, so tl�at we can make any ueeessary inspections. Sincerely, �' ` �.�-��.'_� te���art Gra �'�-eservation PIa��3er Ei�cl. Cc: Dr. Dan Morriil, Cc���sl�lting Di�•ector Wi�liam T, Hob6s, III,, HLC Cl�airina�z � �-� �J'�J � �Gu,i L�t��s���•n�Cr,� � 210a RANbOLPH ROAD • CHARLOTT�, N.C. 2i320i �(704) 376-9115 • FAX (704} 372-4584 CERTIFiCATE OF APPROPRYATENESS C�RTIFICATE NUMBER: U9-03 ISSUED T4: 1��A11�1E �F LANDMARK: ADDREBS OF LANDMARK: TAX PARCEL NUMBER: ADDRESS �Z+' APPLYCANT: DATE ISSUED: 9f7110 Petei• Zeiler Johustoi� Nlill (Boxing Academy) 407 E. 3G'f' Street Claar[otte, NC 09110I54 600 E. Trac[e Street Ch�rlotte, NC 282�9 A�'PLICANT'S TEL�PHONE NUMBER: (704)-432-2989 The Histaric La��dmai•ks Commission l�as reviewed the p�•oposed aciivity aud has fou�id the follo�viitg aspects ta be iu complia��ce �vith the Sec��etar�� of tl�e Inte�•iar's Standai•ds far Ret�abilitatio� and Guidelii�es for Reha�uili�atirig Historic Btrildi�i�s aa�d, tl�e�•efore, has fou�id them to be approp�•iate: Den�olitiot� of a builc�ing ki�o�vn as the "Boxing Acaden�y Buiidin�," Iocated oi� tl�e property of the Jo�u�stou 1VIil1, lac�ted at 3315 N. Da�idsott Street in Cha��Iotte, N.C. T�iis Certificate of Approp�•iate�iess is vali� #h�•ongh July 1, 201�. Failure to prociire � build'rug o�• demolitiou permit �vithiii this time frame �viil be co��sidex•ed as � failure to compiy �vith this Ce�•tific�ie, and t�e Certificate ivill become iuvalid, If a building or demolitia�i permit is not reqaired, the app��oved activity must be co�npieted b;y JYrly l, 2011. Tlais Certificat� can be rene�ved �y the Histo��ic Landmarks Commissiou upou rvr•ittei� reqe�est fo�� the applicant �vitli a vatid i•easou foa• failua�e to comply �vit�� the cie�dline. This Ce�•tificate ii� ua �vay removes the r•esponsibilit3� of t��e a���ier of a structure in a local liisforic dist�•ict to obtai�� a Certific�tte of Ap � priateness fi•o�x� the Cliai•lotte Historic District Com�nissiou. By: - , P��eservatio�a Plai�uer, Charlotte- �Ieciclenburg La�adm s Cammissioif. � �-�� , , , � • � s�ri w�' � • '� � :'� f � j,� .� .�•' . s � i ; �i. .� r ; 0 }� � � * � . � r V' -- — ��� ��� { , � � �y ^'�'► ► y . � '� r' ��'� � _, �' • ' ��r K�,� • • rt�� i�. . �4 �, f , � �k,i ° ■ r + j�• �' �� ' ,� . . � : � . 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' � �•� . , .. , . -, , . . . • �� - � . �• _��'�.�: .�... � � �.', . . - . � '. i • y. � '� �'�Ya� _ � � ' • � � f ;� .t• f-' ; � " •1 !� � � i/ � ' � �y . � `r. . � i � . � _ " t �• y { ' , � +y" � �� ,� �►� � ��' •� -�; � � � � � : �p'° , o • ` �,; • � • � n��� _ ti . .� � ��. ���. � . . .=��� ,. • , � � a�fer�nC�: +fir#ualCh�dotte,Cli�rlOtteG`iS; Ida�rnber2Q11 ATTACHMENT B REASSESSMENT OF NATIONAL REGISTER ELIGIBILITY MECKLENBURG MILL TRESTLE � STV/Ralph Whitehead Associates LYNX Blue Line Extension Project Office 6 0 0 E a s t F o u r t h S t r e e t Charlotte, North Carolina 28202 (704) 432-2584 fax: (704) 432-2593 November 29, 2011 Charlotte Area Transit System 600 East Fourth Street Charlotte, North Carolina 28202 Attention: Kelly Goforth Project Development Manager Subject: Reassessment of National Register Eligibility — Mecklenburg Mill Trestle LYNX Blue Line Extension Northeast Corridor Light Rail Project Mecklenburg County, North Carolina STV/RWA Project 2513745 Dear Ms. Goforth: STV/Ralph Whitehead Associates (STV/RWA) has completed a review of the timber trestle located behind (north ofl the Mecklenburg Mill in the North Charlotte Historic District for the referenced project. Our findings and conclusions are as follows: Backqround Background research was conducted prior to and in conjunction with field investigations. Sources consulted include the following: • National Register listing for the Mecklenburg Mill • Local Historic Landmark Commission records • Sanborn maps • Railroad valuation maps • Railroad maintenance records Field Survev Field surveys were conducted by structural engineers from STV/RWA and historians from Mattson Alexander & Associates between November 16, 2011 and November 22, 2011. The field investigators examined the timber trestle, obtained measurements and photographs, and assessed the overall condition of the trestle. Findinqs Original Structure • According to the North Charlotte Historic District National Register nomination, the original structure was constructed in 1905 around the time that the Mecklenburg Mill was constructed (1903-1905). • Coal was delivered to the Mecklenburg Mill via a rail spurline A spur track was located behind the Mecklenburg Mill and the coal trestle was located at the end of this bermed track (see Exhibit 1). • Further details of the original structure, including original plans and maintenance records are not available. However, it is typical for timber components to be replaced every 40 to 50 years and for ties and guardrails to be replaced every 20 to 25 years. Existing Structure • Dimensions o The trestle measures approximately 72.5' long, and is comprised of 6 spans and 7 substructure units (Exhibit 2). o The stringers are comprised of three 9"x16" timbers. The two stringers are approximately 5' on centers. o The cap is 12"x12"x12' long (Exhibit 3) o The piles are 12"x12" timbers o There is typically one cross support member that measures 2.5"x8" o The outer two piles are battered, the inside two piles are plumb. Condition o Most of the architectural and historical integrity has been lost. Only a vestige (the substructure), remains. The steel track rail and crossties have been removed from the top of the trestle. The walkway/platform for accessing the rail cars and/or conveyor equipment has also been removed. o The structural integrity of the timber on the existing trestle is fair, though there is some section loss in spots (Exhibits 4 and 5). Timber dating to 1905 would have experienced severe deterioration after more than 100 years of exposure to the elements. o The current structure would require significant structural upfit to allow the trestle to return to its original function of carrying train cars. o There is a sill beam that the piles connect to at ground level (Exhibit 6). Sill beams are typically placed on top of old piles that have been cut at ground level due to rot. As such, the sill beam serves as evidence that the existing structure is not the original structure. o Based on the condition of the timber, the estimated age of the existing trestle is approximately 50 to 55 years (circa mid 1950s to early 1960s). o A modern cooling tower is on top of the stringers above spans 1 and 2(Exhibit 7). o There is a portion of a conveyor on the stringers above spans 3 and 4(Exhibit 8). The conveyor, manufactured by the Kewaunee Machinery and Conveyor Belt Company, is likely a mid-twentieth century addition. o Much of the trestle is covered in unmaintained vegetative overgrowth (Exhibit 9). o The single track behind the Mecklenburg Mill has been removed (Exhibit 10). The spur track between the main track and timber trestle is also no longer there (Exhibit 11). Assessment of Eliqibilitv and Inteqritv Much of the trestle's integrity of design, workmanship, and materials has been lost through deterioration and alterations. Only a vestige of the trestle, the substructure, remains somewhat intact, and according to the engineers' field inspections and typical maintenance schedules, even the substructure appears to be a 1950s or 1960s replacement. The steel track rail and crossties have been removed from the top of the trestle, and the walkway/platform for accessing the rail cars and/or conveyor equipment has collapsed. A portion of the conveyor, manufactured by the Kewaunee Machinery and Conveyor Belt Co. of Illinois, remains, but it, too, appears to be a mid-20th century addition. Furthermore, the trestle has lost much of its integrity of setting, association, and feeling. The setting is heavily overgrown, and the loss of the spurline tracks obscures the original feeling and the association of the trestle to the mill. The coal trestle for the Mecklenburg Mill was listed as a contributing resource to the North Charlotte Historic District, the period of significance for which ended in 1939. The trestle was altered significantly after 1939, outside the period of significance, with a replacement substructure and the removal or collapse of trackage and the walkway/platform. Because the trestle has lost most of the seven aspects of integrity needed for eligibility, the principal investigators recommend that the trestle no longer contributes to the North Charlotte Historic District. Conclusion Based on the information presented in this letter, STV/RWA, in conjunction with Mattson, Alexander and Associates, Inc., has determined that the subject trestle is not the original 1905 trestle and that the existing timber substructure is a replacement that postdates the period of significance for the North Charlotte Historic District. The coal trestle's platform, deck, and railing are ruinous or now gone. The main delivery track and the railroad spur have both been removed, obscuring the original design and function of the system. Therefore, we recommend that the trestle no longer contributes to the North Charlotte Historic District. We appreciate the opportunity to provide our services. If you have any questions or require additional information, please contact us. RespectFully submitted, STV/Ralph Whitehead Associates Robert H. Baughman, P.E. Vice President Exhibit 1: Excerpt from a 1953 Sanborn Map, illustrating the coal-delivery system at the Mecklenburg Mill. 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"� _ ?� , ` � ' Y, �` v �. - +'�i *y r `• ''� " r ' f - �'y �rT.l ..�,,,. :.�.�- .. �a ; , � i�. � r,�`" Y � • A �' ,+'" � ,� .{:.' �y' . _ �, . �: � � :{�. �;�Cti;, ��F "�" _ �''�� �'�, . �. . - � �'�'.; -..,;; . _ � - � � ,.� �° � .r ` ��� , F � „ `" �l�S� � - • � .�� r. a�` �;� ',� � _ �. ��-.. .. :z. �'�� � �[ * �k�� � �4�1ii . y�� ' ti { T£ '�l. � . b Exhibit 6: Representative photo of section loss. Exhibit 7: Representative photo of cooling tower, affixed to east end of the existing trestle. � 415 ' f } � I l � • �, I ` t r ^� � y � } } k , .� ,;�F � �—, - '" � 3 .L Y.. �� x �� ,�� F '� � � f. �� � , .. � �*'- �f ' �, , �f� � ���j } : � _ �� .3 � � ��� � J� k :.' . . 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'�`�r��� 1}; i ��� �r'�f � f I�. �, : ' Si�. � '•1 . y. f �y � ' I -: �r. „f. �;�:;,�"' � r� .�.�,��, f,• � {.� �.�1 '�� .rh� ;��4�r �'�� ii''� .�: i : ._M F � l+ e� t ! '�'� �� �. � ' '} . � •�. .' .*z: �. : . ., �}.,l'� � �' i �� : . ;' - � + � b ��+7a,w y+ � r�/��'� 4. 5��' ��. �,i'a y'i i st ��'I �: r"rif F * .� � {k�.� �+� . fy r . "'�. . �� �� ! �'�'L� �r �;'�. � . ".��., � � � °.d? I ': 4i: _ '�lr t ��' • r� �J�* _ � � _��'�'� •-i: �'� t � \�y' .� ' x'd �G'� _���"� S �'�. � : [ �,' �� '�yw� �� IR �` � . _1 ,f- � �: e... _ s 4 Exhibit 9: Representative photo of vegetative overgrowth. �}` _ {a. ; � Exhibit 10: North side of Mecklenburg Mill, loading dock adjacent to where main railroad tracks were (highlighted in yellow in Exhibit 1). Exhibit 11: West end of trestle; at-grade. The spur track that tied the trestle to the main line/loading dock is no longer there. Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension ATTACHMENT F ALTERNATIVES ANALYSIS Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Attachment F - Alternatives Analvsis This Alternatives Analysis for the LYNX Blue Line Extension Northeast Corridor Light Rail Project (LYNX BLE) Individual Permit application was prepared using the detailed information that is found in the Final Environmental Impact Statement (EIS) completed in August 2011 that has been prepared for the project. Alternative transportation systems for the Charlotte region have been under consideration for the past 17 years, with the final decision to pursue a light rail transit system made by the Charlotte-Mecklenburg Planning Commission in 1994. Rail line alignments for the LYNX light rail transit system have been under consideration for the past 13 years, with the South Corridor LYNX Blue Line light rail alignment set 11 years ago. The LYNX Blue Line along the South Corridor opened for service at the end of 2007. The requirement to extend the light rail service from the existing LYNX terminus at the 7th Street Station limited the available alternative alignments that were considered for the LYNX BLE. A summary of the timeline and decision making for the transit alternatives considered for the Charlotte region follows: In 1994, the Charlotte-Mecklenburg Planning Commission adopted the Centers and Corridors Concept Plan, a vision to modify the region's existing growth patterns by concentrating development and redevelopment in five radial corridors extending from Center City Charlotte out to the Mecklenburg County line: South, North, Northeast, Southeast and West Corridors. The overall goal was to make the best use of existing and future infrastructure investments by focusing growth. The plan identified a county-wide rapid transit system that included rapid transit service in each of the identified corridors where existing interstate infrastructure is already present and where growth should be focused. The Northeast Corridor is one of the corridors identified in the Centers and Corridors Concept Plan. [This plan was recently updated to the Centers, Corridors and Wedges Growth Framework, Draft January 2010.] In 1998, the 20251ntegrated Transit/Land Use Plan advanced the Centers and Corridors Concept Plan a step further by evaluating specific transit options (alignment/mode) and outlined land use initiatives that were intended to promote the focusing of development in the transit emphasis corridors. The guiding principle for plan implementation was a mutually supportive strategy linking transit and land use decisions. The plan recommended rail in the South and North corridors and Bus Rapid Transit (BRT) in the Northeast, Southeast and West corridors. This plan was the basis for a public referendum for implementing a'/-percent sales tax increase to fund the plan's transit/land use concepts. Although the 20251ntegrated Transit/Land Use Plan identified a preferred strategy for each of the five corridors, it was recommended that the final alignment and a modal technology be determined through a more detailed Major Investment Study (MIS) process for each corridor. In 1999, Charlotte Area Transit System (CATS) initiated their first MIS on the South Corridor to begin implementation of the 2025 Integrated Transit/Land Use Plan. The South Corridor MIS was completed in 2000 resulting in the selection of a light rail transit alignment as the Locally Preferred Alternative (LPA). That project, now called the LYNX Blue Line, began revenue service in November 2007. Between 2000 and 2002, CATS completed MIS documents for the North, Northeast, Southeast and West corridors to examine a full range of transportation alternatives. The LPA selected for the Northeast Corridor at the conclusion of the MIS was light rail between Center City Charlotte and the University of North Carolina Charlotte (UNC Charlotte) to Interstate 485 (I-485) and BRT between the University Area to Concord. The results of the Northeast Corridor MIS, along with the other corridor MIS documents, were incorporated into the regional long-range transportation planning process and adopted in the 2025 Corridor System Plan. In 2004, CATS moved forward with the conceptual engineering of the light rail element of the MIS LPA. This phase allowed for a more detailed analysis of the Preferred Alternative and resulted in refinements to the proposed alignment and station locations. During this time, CATS, along with the Charlotte Department of Transportation (CDOT), City of Charlotte Engineering & Property Management (E&PM), City of Charlotte Economic Development Office (EDO) and the Charlotte-Mecklenburg Planning Department (Planning), worked to refine the alignment and identify station locations for the proposed LYNX BLE. Alternatives Analysis Page 1 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension A Refined Locally Preferred Alternative (R-LPA) was adopted by CATS' governing board, the Metropolitan Transit Commission (MTC), in June 2006. The R-LPA incorporated alignment refinements that occurred between 2004 and 2006, prior to the adoption of the updated 2030 Transit Corridor System Plan in November 2006. The updated plan remains consistent with the land use plans and policies set forth in the Centers and Corridors Concept Plan as well as the 20251ntegrated Transit/Land Use Plan. In November 2007, CATS received Federal Transit Administration (FTA) approval to initiate the next phase of project development, Preliminary Engineering. As part of the Preliminary Engineering phase, further refinements were made to the LPA. The plans continue to be consistent with the recently updated Centers, Corridors and Wedges Growth Framework Draft, January 2010. On October 28, 2009, the MTC adopted the proposed LPA as described and evaluated in the Final EIS. The LPA included 13 stations and was approximately 10.7 miles long. The following sections describe the process of identifying, evaluating and refining alternatives for the LYNX BLE in previous studies. The selection of the LPA by the MTC and the refinement of the LPA in subsequent engineering phases are described. Early Alternatives Considered in the 2025 Integrated Transit/Land Use Plan The 2025 Integrated Transit/Land Use Plan, completed in 1998, involved an initial study of rapid transit improvements for all of the corridors identified in the Centers and Corridors Concept Plan. Initially, a full range of alternatives was developed for each corridor and these alternatives were based on field work, professional assessments of appropriate technologies and alignments and community input. The number and type of modes and alignments were then narrowed to one rail option and one BRT option for each corridor. The selection of the two options was based on an evaluation of each candidate's potential to shape future growth, capital cost, ease of implementation and potential environmental or social fatal flaws. For the Northeast Corridor (called the University Corridor in the 2025 Integrated Transit/Land Use Plan), the following BRT and rail options were selected: • BRT Alternative: Center City Charlotte to UNC Charlotte via Graham Street, I-85 and Mallard Creek Church Road. • Rail Alternative: Center City Charlotte to UNC Charlotte via the Norfolk Southern "O" line to Derita, the IBM rail spur to University Research Park and a new alignment extending east to the UNC Charlotte campus. The initial range of alternatives included: BRT options that used W.T. Harris Boulevard; University City Blvd./NC-49; North Tryon Street/US-29; the IBM rail spur rail options that used the North Carolina Railroad (NCRR); and University City Blvd./NC-49. These options were not considered promising for the Northeast Corridor. The rail and BRT options selected for each corridor were refined and subjected to additional evaluation. Measures included potential job and household growth for each option, capital cost, capital cost-per-mile, ridership, long-term need for congestion relief and long-term land use opportunities. Following the evaluation, a single conceptual alternative was recommended for each corridor based on what would best support focused development in the region. In the Northeast Corridor, the plan recommended BRT as an efficient and cost effective option for serving existing centers and supporting future development opportunities in the corridor. A more detailed MIS was recommended to study both BRT and rail alternatives for the corridor. Alternatives Considered in the Northeast Corridor Major Investment Study The Northeast Corridor Major Investment (MIS) Study was initiated in 2000 to advance the recommendations of the 2025 Integrated Transit/Land Use Plan and the Centers and Corridors Concept Plan and to conduct a more detailed study of rail transit and modal alternatives for the Northeast Corridor. A Notice of Intent to Prepare an EIS was published by the FTA on September 29, 2000. A comprehensive Alternatives Analysis Page 2 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension range of rail/transit modes was considered for the study, including BRT, light rail, streetcar and commuter rail. Alternatives were initially developed based on recommendations from the 2025 Integrated Transit/Land Use Plan and suggestions made during the scoping process initiated at the beginning of the study. The initial list of alternatives was screened to eliminate those alternatives that were "fatally flawed" from an engineering or environmental perspective or would be unlikely to meet project goals and objectives. The remaining alternatives were carried forward for more detailed evaluation in the MIS. The alternatives carried forward for detailed evaluation after the initial screening are listed in Table 1. Three modal alternatives — BRT, light rail and streetcar — were included. Some of these modes were considered on different alignments. The commuter rail alternative was eliminated from further consideration because it was decided the mode could not adequately serve the current and future planned activity centers in the Northeast Corridor. The right-of-way available for commuter rail service is located at the eastern edge of the corridor and is heavily used by existing freight and passenger services. Moreover, commuter rail technology is more appropriate for longer distance trips (25 to 60 miles and beyond) with infrequent stops than for the kind of service needed in the Northeast Corridor. Table 1 Alternatives Studied in Detail in MIS Name Transit Type To/From Via NE-2' Baseline Alternative NE-3z BRT Center City Charlotte to Statesville Avenue, Asbury Avenue, North Concord Mills Graham Street, I-85 NE-4 LRT Center City Charlotte to I-485 NCRR, Brevard Street, North Tryon Street/US-29 NE-5 LRT Center City Charlotte to I-485 North Tryon Street/US-29 Streetcar Center City Charlotte to US- North Tryon Street/US-29 29/NC-49 "weave" NE-6 gRT (branch 1) Center City Charlotte to same as NE-3 Concord Mills BRT (branch 2) University Research Park to North Tryon Street/US-29, Salome Church Road I-485 LRT Center City Charlotte to UNC same as NE-4 Charlotte NE-7 University Research Park to I-85, new Busway, University City Blvd./NC-49, BRT (loop) Concord Mills North Tryon Street/US-29, Mallard Creek Church Road Notes: 'Alternative numbering begins with NE-2, because the initial list of alternatives included a No-Build Alternative (NE�1) and a Transportation System Management (TSM) Alternative (NE-2). During FTA coordination, it was agreed that the No-Build and TSM alternatives would be replaced by a single Baseline Alternative for the Northeast Corridor MIS. ZThis alternative is a modified version of the BRT alternative recommended in the 20251ntegrated Transit/Land Use Plan. Source: Northeast Corridor Major Investment Study, 2002. Alternatives were evaluated to determine how well each supported regional land use, mobility, environmental, financial and system development goals. Prime considerations included the following: • Support for existing land use patterns; • Potential for future transit-oriented development; • Estimated ridership; • Travel time savings; • Connections to activity centers and event sites; • Support for regional air quality goals; • Potential for effects on the built and natural environments; • Capital and operating costs; • The ability to function as part of an overall regional system; and, • Engineering feasibility and equity of service. Alternatives Analysis Page 3 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension The detailed evaluation results showed that the key differences between alternatives were a function of support for future development patterns, anticipated ridership and costs. Environmental and system development considerations were not differentiators because all alternatives would have minimal to no affect on the built and natural environments, as well as comparable air quality and system development benefits. The BRT alternatives would serve existing land use patterns better than the light rail alternatives, but light rail would have more potential to support the desired shape of future development called for in the 2025 Integrated Transit/Land Use Plan. The BRT alternatives would have more total available land to develop but less transit-oriented development potential. The light rail alternatives, on the other hand, would yield more land use and economic development advantages because they would have better pedestrian access, a better mix of uses and more transit-oriented development potential. The relative costs of alternatives were varied but the multi-modal alternatives were generally more expensive to build and operate. All alternatives were found to have similar order-of-magnitude costs. Selection of a Locally Preferred Alternative and Adoption of a Transit Corridor System Plan Guided by the Northeast Corridor MIS findings and the land use, mobility, environment, financial, and system development goals, the MTC selected an LPA for high capacity transit in the Northeast Corridor on November 20, 2002. The LPA combined light rail and BRT elements studied in the MIS. The light rail portion of the LPA (Alignment NE-4 in the MIS) would extend the LYNX Blue Line light rail from Center City Charlotte to the I-485 vicinity near the county line. The BRT portion was planned to serve the University Research Park and Concord Mills, connecting to the light rail line at UNC Charlotte. To lower capital costs, the BRT portion of the LPA was a reduced version of what was considered in the MIS. Together, the light rail and BRT elements were planned to serve the multiple markets in the Northeast Corridor. The primary purpose of the LPA and the regional transit system defined in the adopted 2025 Corridor System Plan was to promote the Centers and Corridors Concept Plan vision of corridor-focused development and provide an alternative to driving. The intention of the selected LPA is to enrich key activity centers and leverage investments in the transportation system. Light rail was selected as the primary component of the LPA because it has more potential for transit oriented development in the Northeast Corridor than BRT. Therefore, light rail would better support the region's Centers and Corridors Concept Plan vision and implement the 2025 Integrated Transit/Land Use Plan. A light rail extension would also improve the operational effectiveness of the existing LYNX Blue Line light rail service in the South Corridor and leverage the investment already made by CATS. Conceptual Engineering LPA Refinements In the summer of 2004, the light rail component of the LPA was advanced to a conceptual engineering phase, based on a Memorandum of Understanding between CATS and FTA. This advancement of the proposed project allowed CATS to achieve the following: • Obtain more detail-oriented level engineering mapping; • Identify specific station locations and provide for greater transit-oriented station area development; • Continue public involvement efforts and refine the alignment based on further public and agency comment; and, • Minimize or avoid environmental impacts along the corridor. As more planning, environmental and engineering data was developed, it was necessary to make refinements to the alignment to reflect updated conditions and to identify the best project alignment to advance into future phases of project development. Representatives from CATS, their engineering consultants, City Departments, and the City's station area planning consultants worked collaboratively to identify the best station locations and refine the alignment. The refinements included the addition of a light rail station that would directly serve the UNC Charlotte campus and terminating the line south of I- 485. Details of alignment refinements can be found in the Re�ned LPA Report (August 2007). Alternatives Analysis Page 4 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension In addition to the internal coordination that occurred within the City Departments, CATS continuously solicited public input on each station location and alignment refinement as the design progressed. See the Final EIS Chapter 22.0: Public Involvement and Agency Coordination for additional detail. Adoption of a R-LPA and an Updated Transit Corridor System Plan On June 28, 2006, the MTC adopted the R-LPA for the Northeast Corridor. This R-LPA, along with the refined LPA's for the other corridors being studied by CATS, was incorporated into the agency's 2030 Transit Corridor System Plan that was adopted by the MTC on November 15, 2006. The 2030 Transit Corridor System Plan includes the prioritization of the region's transit projects, a plan for implementation based on updated capital cost estimates and the source of funding for each transit corridor. Preliminary Engineering LPA Refinements In November 2007, the FTA approved CATS' application to enter into the Preliminary Engineering phase of project development and these activities started immediately thereafter. Due to the overwhelming success of the LYNX Blue Line light rail, it was apparent that the proposed LYNX BLE project needed to re-examine some key design decisions in order to accommodate higher projected ridership, and to reflect new projects in the area. These considerations, as well as input received during public meetings and in coordination with North Carolina Department of Transportation (NCDOT), NCRR, Carolinas Medical Center—University, UNC Charlotte and Norfolk Southern (NS), led to additional refinements of the alignment and station locations during preliminary engineering. These refinements are described in the supporting Refinement of Alternatives Report (July 2010), and were adopted by the MTC on April 22, 2009 and October 28, 2009. Following public input, refinements to the LPA remained consistent with CATS' adopted 2030 Transit Corridor System Plan. The LPA is represented in this document as the Preferred Alternative and is based on 30% Preliminary Engineering Design Plans, completed in March 2010. As part of it adoption of the R-LPA in 2006, the MTC determined that a design option for the Sugar Creek area should be studied further. In 2008, CATS, in partnership with the Charlotte-Mecklenburg Planning Department and the City of Charlotte's Economic Development Office, conducted an Alternatives Analysis on the Light Rail Alternative — Sugar Creek Design Option. This study is available under separate cover as the CATS Blue Line Extension Sugar Creek and North Carolina Railroad Alignment Alternatives Study (February 2009). In late 2008, CATS presented the study findings to public and the MTC. The results of this Alternative Analysis and additional detail on the potential environmental impacts, including costs, are provided throughout the EIS. This information will document the examination of the design option and allow additional public comment. Definition of Alternatives The following alternatives are described in this section: • The No-Build Alternative, in which no changes to transportation service or facilities would be implemented in the corridor beyond already committed projects; • The TSM Alternative, in which low to medium cost improvements to the operations of the CATS local bus service would be implemented, in addition to the currently planned transportation improvements in the corridor; • The Preferred Alternative, in which light rail would be constructed between Center City Charlotte and I-485 near the Mecklenburg-Cabarrus County line, primarily using existing railroad rights-of-way and North Tryon Street/US-29. The light rail line would be constructed as an extension of the existing LYNX Blue Line light rail line; and • The Liqht Rail Alternative — Suqar Creek Desiqn Option, a design option for the light rail alignment between Sugar Creek Road and Old Concord Road and the two stations located in this segment. It was determined that the TSM Alternative did not meet the Purpose and Need of the proposed project. Therefore, only the No-Build and Preferred Alternatives were evaluated in the LYNX BLE Final EIS. Alternatives Analysis Page 5 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension No-Build Alternative The No-Build Alternative includes: transit services; highway and transit facilities; and railroad improvements that are planned to exist in 2030. The No-Build Alternative provides the underlying foundation for comparing the travel benefits and environmental impacts of the other alternatives. The No- Build Alternative includes: • The existing highway network; • Highway improvements that NCDOT has scheduled in the State Transportation Improvement Program (STIP); • Highway improvements from the financially constrained 2030 Long Range Transportation Plan; • Roadway improvements in the City of Charlotte's 25-year Transportation Action Plan; • Existing transit routes and schedules as of January 2009; • Other new bus services to which CATS has committed, including expansion of bus services in the other rapid transit corridors; • New bus services to serve areas that would be developed by 2030; and • Routine replacement of existing transit facilities and equipment at the end of their useful life. The transit component of the No-Build Alternative includes light rail and bus service expansion. Transit services under the No-Build Alternative represent the existing transit services, planned expansion of existing bus services, plus more frequent light rail service in the South Corridor. For the No-Build Alternative, one new route would add service in the Northeast Corridor. Several other existing routes in the corridor would have more frequent service. Table 2 shows the bus service operating in the Northeast Corridor for the No-Build Alternative. Table 2 Bus Service in Northeast Corridor for No-Build Alternative Routes Frequency Type Change from Existing Peak Midda Ni ht 3-The Plaza 20 30 45 Local Increase eakfre uenc . 4-Countr Club 30 30 45 Local No Chan e 11-North T on 10 10 30 Local No Chan e 13-Nevin Rd. 30 30 30 Local No Chan e. 22-North Graham St. 30 30 40 Local No chan e 23-Shamrock 15 30 45 Local Increase eakfre uenc . 29-UNC Charlotte/South Park* 45 45 --- Local No Chan e 39-Eastwa 35 45 45 Local No Chan e 54x-URP Ex ress 12 --- --- Ex ress No Chan e 80x-Concord 20 --- --- Ex ress No Chan e 204-Lasalle 30 30 60 Local No Chan e 211-Hidden Valle 20 20 30 Local No Chan e Note: "--" refers to no service being operated during those frequencies. " txisting UN(; (;harlotte shuttle routes would also be operated, but are not modeled in the travel demand model. Source: AECOM Metrolina Travel Demand Model, 2011. TSM Alternative The TSM Alternative is a low capital cost approach for addressing the need for transit improvements in the Northeast Corridor. Under federal guidelines, it provides the baseline for evaluating the cost- effectiveness of the build alternatives. The TSM Alternative includes the highway and transit improvements associated with the No-Build Alternative in the Northeast Corridor, along with additional service and facilities to improve service along the Northeast Corridor to Center City Charlotte and University City. These improvements include two skip-stop bus routes. Skip-stop services operate with fewer stops than local routes to minimize travel times. One skip-stop service route would deviate from North Tryon Street/US-29 and follow I-85 into Center City Charlotte. The second skip-stop service route would begin at the I-485/N. Tryon Station and travel along North Tryon Street/US-29 into Center City Charlotte. Skip-stop bus service improvements include revisions or additions to the existing bus service, Alternatives Analysis Page 6 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension upgraded stops with ticket vending machines and closed circuit televisions, bus queue jumpers at select intersections (including signal prioritization), and the construction of seven new park-and-ride lots with pedestrian and bicycle facilities. Additionally, two signals would be installed at the University City Blvd. and I-485/N. Tryon Street park-and-ride lots. This alternative also assumes the procurement of hybrid buses to reduce air quality emissions, as well as upgrades to the existing CATS South Tryon Street Bus Maintenance Facility to provide space for the additional bus fleet. No changes to transit service outside the corridor would be made. Table 3 shows the proposed bus service improvements and Table 4 shows the park-and-ride locations for the TSM Alternative. Table 3 Bus Service in Northeast Corridor for TSM Alternative Routes Frequency Type Change from No-Build Peak Midday Night 3—The Plaza 20 30 45 Local Reroute to provide more direct service alon The Plaza Remove open loop to better serve the 4-Country Club 30 30 45 Local NoDa community and provide transfer to 604 Ski Sto 2 11-North T on 20 20 30 Local Decrease eak fre uenc Extend route to serve areas previously 13-Nevin Rd. 30 30 30 Local served by No Build Rt 22-Graham as well as to provide transfer to skip stop services 604-2 and 613x 22- Graham St. 30 30 40 Local Rerouted to provide transfer to 604-NE Ski Sto 2 23-Shamrock 15 30 45 Local Increase eakfre uenc Streamline route for more efficient 29-UNC Charlotte/South Park* 40 40 --- Local service as well to provide transfer to 613-NE Ski Sto Ex ress Route becomes a crosstown service, 39-Eastway 30 30 30 Local providing transfer to skip stop services 604-1 and 613x as well as serving social services and medical facilities 54x-URP Ex ress 12 --- --- Ex ress No chan e. 80x-Concord 20 --- --- Ex ress No chan e. New route providing service to Concord 110-Concord Mills Mall 30 30 60 Local Mills Mall and Mallard Creek Church Rd and transfer to 613-NE Ski Sto X New route developed from No Build Rt. 22-Graham St that provides service to 125-Derita/Prosperity Church 30 30 40 Local Prosperity Church Rd, Mallard Creek Rd, and the Derita Community, as well as transfer to skip stop services 604-2 and 613x 204-Lasalle 30 30 60 Local No Chan e Streamline route through the Hidden 211-Hidden Valley 20 20 30 Local Valley Community in orderto provide more efficient transfer to 604-NE Skip Sto 2 New route to provide skip-stop service 604—NE Skip Stop 2 10 15 20 Local along North Tryon Street/US-29 from Ci Boulevard to Center Cit Charlotte. New route to provide skip-stop service along North Tryon Street/US-29 from I- 613—NE Skip Stop Express 10 15 20 Local 485 to University City Blvd./NC-49, then non-stop on I-85 to Center City Charlotte Note: "--" reters to no service being operated during tnose trequencies. ' Existing UNC Charlotte shuttle routes would also be operated, but are not modeled in the travel demand model. Source: AECOM and the Metrolina Travel Demand Model, 2011. Alternatives Analysis Page 7 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Table 4 Park-and-Rides in Northeast Corridor for TSM Alternative Park-and-Ride Location Su ar Creek Su ar Creek Road and North T on Street/US-29 Old Concord Road Old Concord Road and North T on Street/US-29 Universit Cit Blvd. Rock River Road and North Tr on Street/US-29 JW Cla Blvd. JW Cla Blvd. and North T on Street/US-29 As noted, the TSM Alternative did not meet the Purpose and Need of the proposed project. Therefore, only the No-Build and Preferred Alternatives were further evaluated in the LYNX BLE Final EIS. Scope Reduction In November 2010, subsequent to the circulation of the Draft EIS (August 2010), the MTC received a report on the financial capacity of CATS and its ability to deliver the 2030 Transit System Plan. Based on the analysis presented, it was determined that the LYNX BLE proposal could not be achieved due to financial constraints. In order to advance the LYNX BLE, the financial capacity study recommended a reduction in the projected capital and operating costs of the proposed project. The MTC directed CATS staff to reduce the project scope by 20 percent and reduce the operating and maintenance costs by approximately 6.5 percent. It was determined that additional cost savings could also be captured by accelerating the project schedule to begin revenue service in 2016. Extensive coordination was undertaken with partner departments, UNC Charlotte, NCDOT and the FTA. In order to reduce the capital and operating costs, the following changes were recommended: • Reduce project length by 1.2 miles, terminating at the UNC Charlotte Station and eliminating the Mallard Creek Church Road Station and I-485/N. Tryon Station (yielding lower capital costs) • Reduce service frequency by operating 2-car trains every 7.5 minutes initially and 3-car trains every 10 minutes by 2035 (yielding lower operating and maintenance costs) • Reduce number of vehicles to be purchased from 26 to 18 (yielding lower capital costs and lower operating and maintenance costs; feasible by reduction of the project length and change in operating plan, which reduces the vehicle requirement) • Eliminate the Vehicle Light Maintenance Facility at the existing Norfolk Southern Intermodal Yard; construct a storage yard only at the existing Norfolk Southern Intermodal Yard and make minor improvements to the existing South Boulevard Light Rail Facility (yielding lower capital costs) • Construct surface lots at the Sugar Creek Station instead of a parking garage (yielding lower capital costs) • Eliminate park-and-ride facilities at Tom Hunter Station (a Value Engineering recommendation made in July 2010) and McCullough Station (yielding lower capital costs) Terminating the proposed project at the UNC Charlotte Station would result in an estimated $92 million in net savings. A large part of the savings is attributed to the elimination of approximately 1.1 miles of mostly bridge structure that crosses wetlands/streams and a grade separation of Mallard Creek Church Road. In addition, the changes at the Sugar Creek Station result in an estimated net savings of $9 million. The reduction in vehicle fleet size results in a savings of approximately $38 million, with a savings of $26 million attributed to the reduction in the Vehicle Light Maintenance Facility needs. The overall net savings resulting from the listed changes is approximately $165 million. By shortening the project, CATS is able to keep key project elements that ensure a high quality system, reliable service, and safe and secure operations. Despite elimination of the 2,000 space parking garage at the I-485/N.Tryon Station, it was determined that approximately 90 percent of ridership would be retained and that most of the ridership would redistribute to other nearby stations, namely the JW Clay Blvd. Station and the University City Blvd. Station. To accommodate increased ridership at these two stations, the proposed project now includes increased parking (approximately 1,485 spaces) in a parking deck at the University City Blvd. Station and the addition of a parking deck (approximately 690 spaces) at the JW Clay Blvd. Station. Approximately $40 million in budget was retained to replace the parking previously proposed for the I-485/N. Tryon Station. Additionally, a right/through lane along North Tryon Street/US-29 from Orchard Trace to Shopping Center Drive has been added to accommodate the additional traffic that would result from the Alternatives Analysis Page 8 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension University City Blvd. Station park-and-ride facility. A public meeting was held on January 12, 2011 at the Oasis Shriner's Center to review these proposed changes and gather input from the public (see the Final EIS Chapter 22.0: Public Involvement and Agency Coordination for additional detail). The proposed project changes were generally accepted by the public, and on January 26, 2011 the MTC approved a revised LPA alignment and station locations for the proposed LYNX BLE. Based on this approval, the proposed project would now terminate at the UNC Charlotte Station rather than at I-485/N. Tryon Station, removing approximately 1.2 miles of the alignment and two stations. Selection of the Preferred Alternative Following circulation of the Draft EIS (August 2010) and the MTC's approval of the revised LPA, a NEPA Preferred Alternative was selected. The revised LPA is the NEPA preferred alternative. The NEPA Preferred Alternative is that which causes the least damage to the biological and physical environment, while best protecting, preserving and enhancing historic, cultural and natural resources. It was determined that the Light Rail Alternative — Sugar Creek Design Option would result in less impact on jurisdictional streams and wetlands than the Preferred Alternative, and would avoid noise and vibration impacts to properties along Leafmore Drive and St. Anne's Place. However, the Light Rail Alternative — Sugar Creek Design Option would result in additional impacts to several other resources, including: • Historic resources: The Light Rail Alternative — Sugar Creek Design Option would directly impact the Republic Steel Corporation property, which is eligible for the National Register of Historic Places. Human resources: The Light Rail Alternative — Sugar Creek Design Option would require significantly more acquisitions and displacement of businesses. Approximately 10 more business displacements, 19 more partial acquisitions and six more full acquisitions than the Preferred Alternative would result. • Visual resources: The Light Rail Alternative — Sugar Creek Design Option would result in two more potential visual and aesthetic impacts than the Preferred Alternative. Specifically, there would be greater visual impacts along North Tryon Street/US-29 from Dorton Street to Old Concord Road; and there would be a greater negative visual impact to the Republic Steel Corporation property. • Financial resources: Capital costs for the Light Rail Alternative — Sugar Creek Design Option would be greater than for the Preferred Alternative. The 15 Percent Cost Estimate indicated that the Light Rail Alternative — Sugar Creek Design Option would be approximately $57.9 million greater than the Preferred Alternative due to the grade separation required over Eastway Drive and the additional right-of-way acquisition and relocations. Therefore, it was determined that the Light Rail Alternative — Sugar Creek Design Option would be eliminated from further consideration and that the revised LPA would carry forward as the NEPA Preferred Alternative. As such, only the revised LPA was evaluated in the LYNX BLE Final EIS and is referred to as the Preferred Alternative. It has been determined that the Preferred Alternative will impact all of seasonal RPW Stream P(1,666 linear feet), which would not have been impacted by the Light Rail Alternative — Sugar Creek Design Option. The Preferred Alternative also will impact a portion of Wetland E(0.057 acre) that may not have been impacted by the Light Rail Alternative — Sugar Creek Design Option. The Light Rail Alternative — Sugar Creek Design Option would have impacted all of perennial RPW Stream S(211 linear feet), but would have avoided impacts to seasonal RPW Stream P and possibly Wetland E. Therefore, the LPA impacts more linear feet of stream (1,455 linear feet) and possibly more wetland (0.057 acre) than the Light Rail Alternative — Sugar Creek Design Option. It has been determined however, that the Preferred Alternative's impacts to streams and wetlands is necessary to avoid the impacts to historic and visual resources, as well as the additional costs associated with the Light Rail Alternative — Sugar Creek Design Option. Alternatives Analysis Page 9 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Alternatives Considered in the Final EIS The following alternatives were included in the Final EIS: The No-Build Alternative, in which no changes to transportation service or facilities would be implemented in the corridor beyond already committed projects; The TSM Alternative, in which low to medium cost improvements to the operations of the CATS local bus service would be implemented, in addition to the currently planned transportation improvements in the corridor; and The Preferred Alternative, in which light rail would be constructed between Center City Charlotte and UNC Charlotte, primarily using existing railroad rights-of-way and North Tryon Street/US-29. The light rail line would be constructed as an extension of the existing LYNX Blue Line light rail line. The TSM Alternative was used in the Draft EIS (August 2010) as a baseline alternative for comparison in the Evaluation of Alternatives Chapter, as required under the FTA's New Starts program, and is also used in the Final EIS for the same purpose. It was determined in the Draft EIS (August 2010) that the TSM Alternative does not meet the Purpose and Need of the proposed project. Therefore, only the No-Build and Preferred Alternatives were evaluated in the Final EIS. Preferred Alternative The proposed Preferred Alternative would begin in Center City Charlotte at the terminus of the CATS' LYNX Blue Line light rail line near 7th Street and extend 9.4 miles northeast to UNC Charlotte. The proposed Preferred Alternative would include bus services to support and supplement the light rail system. The trackway would be configured with two tracks, one for northbound service and one for southbound service. The proposed project would generally exist within either existing railroad or roadway right-of-way. Some portions would be elevated up and over existing freight tracks, roads or other geographic constraints. In one location, the tracks would be depressed under an existing road. The Preferred Alternative and a design option called the Light Rail Alternative — Sugar Creek Design Option, are described in more detail in the following sections. Alignment The Preferred Alternative alignment was identified by the MTC as the LPA, or preferred route, for the proposed project. One design option presented in this Draft EIS that deviates from the base alignment of the Preferred Alternative is known as the Light Rail Alternative — Sugar Creek Design Option. The proposed Preferred Alternative would begin at the northern terminus of the existing LYNX Blue Line light rail at 7th Street in Center City Charlotte and would follow the former railroad right-of-way north through Center City Charlotte. The right-of-way is owned by the City of Charlotte up to 12th Street and was purchased for transit use in 1998. The proposed Preferred Alternative would then travel at the existing street level and gated light rail crossings would be used at 7th Street, 8th Street, 9th Street, the proposed 10th Street, and 12th Street. A single track is located between 7th and 9th Street, and a Trolley station is located at 9th Street. The LYNX Blue Line provides light rail service to the 7th Street Station but utilizes the track between 7th and 9th Street to stage extra vehicles for special events. The proposed Preferred Alternative would eliminate the Trolley station at 9th Street. North of 12th Street, the proposed alignment would transition up a retaining wall and onto a bridge in order to pass over the existing CSX Corporation (CSX) rail line, and then return to ground level just before 16th Street. The proposed Preferred Alternative would cross 16th Street at the existing street level with a gated light rail crossing. The alignment would then shift south and run between the southern edge of the Norfolk Southern Intermodal Facility and the northern side of North Brevard Street. A proposed North storage yard would be located on the site of the Norfolk Southern Intermodal Facility, which NS plans to relocate to the Charlotte-Douglas International Airport as a separate project. The Preferred Alternative would continue along the northern edge of North Brevard Street and cross over Alternatives Analysis Page 10 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Little Sugar Creek on a bridge and then under the 30th Street Bridge. No changes to Brevard Street would occur. Just beyond 30th Street, the alignment would ascend up a retaining wall and over a bridge to pass over the existing Aberdeen, Carolina & Western Railway Company (AC&W) rail line. The proposed alignment would return to ground level and run parallel to the existing freight tracks on the south side of the NCRR right-of-way until Craighead Road. A new access road for the Duke Energy Substation would be constructed off of North Brevard Street, north of the existing driveway, since the proposed light rail alignment would be located where the existing entrance is located. The new access road would go under the light rail bridge to provide an entrance to the electrical substation from the west side, as well as to provide access to a proposed signal house for the light rail, and potentially provide additional access to an adjacent parcel. Between 30th Street and Old Concord Road, the light rail would operate in the NCRR right-of-way. . � : _�� � w�^;— — -- � aiik�y�nA�n,. �h f ���� i�, rc - . �,�� f _� �� .� f. � � . �����° _. � _� � •'3'rvh:;,� ..'. � � �`�t .. __ r 5�.,.�`, , �•r ` 1_� �� ` � � �-' � � � «;:,,t�: � � , �. � �`� ; - �� '��y{ .__ `'� . �t '3 NS operates th2 2XIStlllg freight service that IS Proposed Duke Energy Substation access road. active in this segment of the corridor. The proposed Preferred Alternative would include a separation of approximately 54 feet between the freight tracks and the proposed light rail track. At 36th Street, the proposed light rail would travel within the NCRR right-of-way on the southeast side of the existing freight tracks. Existing 36th Street would be depressed under the existing freight and proposed light rail tracks to alleviate traffic and pedestrian safety and traffic delay concerns and to improve freight operations. The existing freight tracks would be shifted to the north, and the freight tracks and the proposed light rail tracks would be placed on a bridge structure to allow the road to be constructed as an underpass. Just south of Craighead Road, the proposed alignment would go up and over Craighead Road, crossing over the existing freight tracks on a bridge and then return back to ground level on the western side and continue to the northeast. - -�� :.:, ���; ,��;.} .- _� �.. � �: __..:_ � .;�.��r. :�, i�.'h{�"�ti7�.'���Y��_y.*`�_ .�"A�I`Q� 4 ._ _ •�� . NCDOT plans to grade separate Sugar Creek Road with either an underpass (depression) or overpass (bridge) with the existing freight tracks that are currently at street level due to safety concerns. CATS has worked with NCRR and NCDOT Rail to develop plans that allow the light rail tracks to be constructed adjacent to the freight tracks, also grade separated from the road. The current design of the LYNX BLE Preferred Alternative assumes that Sugar Creek Road would be depressed under the railroad. Due to the fact that the horizontal and vertical alignment of the LYNX BLE Preferred Alternative would be the same in either case, the impacts of the LYNX BLE Preferred Alternative are not expected to be significantly different. ��� .'.�','.�, :.+�,� �i� ��'� � � �.h y,py�j jL{ _ : 2��� .T'�'�� ir.P� yy �,�.,,,:�..� • . �..� , �:-. ��: �-M� + y� — � 'ti :Y-_ yT�y='� ^-x- r �r — . . �yIC . �: : 4�� °��# Y' -- x"S''w l„� . �� � ��;..,�. Rendering of the current LYNX BLE Preferred Alternative design; illustrating the depression of Sugar Creek Road under the existing freight tracks and LYNX BLE Preferred Alternative. Approximately 2,600 feet north of Eastway Drive, the alignment would depart from the NCRR right-of-way and turn northwest towards the intersection of Old Concord Road and North Tryon Street/US-29 through private property. Due to high traffic volumes, vehicular safety concerns (for motorists and light rail vehicles), and traffic operations at this location, a bridge would be constructed to take the light rail up and over Old Concord Road and the outbound travel lanes of North Tryon Street/US-29. The proposed light Alternatives Analysis Page 11 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension rail would return to street level approximately 1,000 feet north of the North Tryon Street/US-29 - Old Concord Road intersection and continue in the median to just north of JW Clay Boulevard and the entrance to the Charlotte Research Institute. Where North Tryon Street/US-29 meets University City Blvd./NC-49, commonly referred to as the "weave", NCDOT and CDOT have designed safety improvements that convert the weave configuration into two at-grade, signalized intersections. Construction of the improved intersections began in 2010. To pass through the reconfigured intersections, the proposed light rail alignment would begin to ascend onto a bridge structure to pass over the realigned I-85 Connector Road - North Tryon Street/US-29 intersection. The alignment would return to street level south of the University City Blvd. Station park-and- ride entrance, where there would be a signalized intersection provided to access the park-and-ride lot. Beyond Stetson Drive, the alignment would again ascend to an aerial structure and pass over the realigned University City Blvd./NC-49 and City Boulevard intersection and return to street level just north of Brookside Lane. The proposed alignment would continue at street level in the median of North Tryon Street/US-29, past McCullough Drive. Just north of Ken Hoffman Drive, the alignment would transition to an aerial structure, crossing over W.T. Harris Boulevard and returning to street level just south of JM Keynes Drive/Hospital Drive. After the proposed light rail alignment passes through the intersection of North Tryon Street/US-29 and UNC Charlotte Research Drive, the alignment would begin to descend below the existing street elevation of North Tryon Street/US-29. The alignment would then turn to the southeast towards the UNC Charlotte campus, crossing under the northbound travel lanes of North Tryon Street/US-29, continuing to turn southeast, bringing the light rail alignment onto the campus of UNC Charlotte. The alignment would continue towards the northeastern edge of the existing Charlotte Research Institute buildings. The alignment would cross over Toby Creek and the planned Toby Creek Greenway on a bridge and then travel along the northern side of Cameron Boulevard, across from the Laurel Hall dormitory. Stations The Preferred Alternative would include 11 stations, as well as a feeder bus system to support the light rail system. Passengers would board or alight the light rail vehicles at stations. Stations would be configured with center or side platforms, depending on the available site conditions, and most stations would be located at existing ground or street level. All stations would have level boarding to be Americans with Disabilities Act (ADA) accessible. The 36th Street Station would be located on a bridge structure that would support the station and light rail tracks while the respective roadway would be depressed underneath. Platforms are planned to be 300 feet long to accommodate a three-car train. Along North Tryon Street/US-29, stations would be located in the median with pedestrian access via crosswalks. All stations would include facilities for bicyclists, such as bike racks or bike lockers. All stations would include: • Shelters, garbage cans and benches; • Lighting; • Self-serve ticket-vending machines (TVM); • Closed Circuit Television cameras (CCTV); • Passenger Assistance Telephones (PAT); • Variable Message Signs (VMS); • Public Address System (PA); • Blue light emergency phones; and, • Customer information, such as maps and schedules for the light rail line and connecting bus routes. In the more urban areas of the corridor, access to stations would primarily consist of pedestrians, bicyclists, or passengers transferring from bus services; otherwise known as "walk-up" customers. Walk- up stations are more conducive to urban environments where higher land densities exist. Automobile Alternatives Analysis Page 12 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension parking would not be provided at walk-up stations; therefore less land acquisition would be required for walk-up stations. On-street bus transfers would take place in proximity to the station locations to facilitate mobility between bus service and the light rail. Four stations would have park-and-ride facilities with ADA accessible parking. The park-and-ride facilities would vary in size based on projected ridership and available land. Park-and-ride facilities have been designed to accommodate access by bus, automobile, bicyclists and pedestrians. Additionally, bus bays and bus stops, would be accommodated at select stations based on available land and projected demand. Parking garages are planned at the University City Blvd. and JW Clay Blvd. Stations. All other parking would be provided at surface parking lots. Table 5 summarizes the basic characteristics of the proposed stations for the Preferred Alternative. Table 5 Proposed 5tations for the Preferred Alternative Platform Parking B y Station Access Type Spaces" Ba s/ sto s* 9th Street Station Walk-up Side 0 None Parkwood Street Station Walk-up Side 0 None 25th Street Station Walk-up Center 0 None 36th Street Station Walk-up Center 0 2 Stops Sugar Creek Station Park-and-ride Center 665 3 Bays Old Concord Road Station Park-and-ride Side 330 2 Bays Tom Hunter Station Walk-up Center 0 2 Stops University City Blvd. Station Park-and-ride Center 1,510 3 Bays McCullough Station Walk-up Center 0 2 Stops JW Clay Blvd. Station Park-and-ride Center 690 2 Bays UNC Charlotte Station Walk-up Center 0 2 Bays ' Reflects the Project Layout Approved for Development of 65% Design and the Final EIS, March 21, 2011. Grade Separations Based on an evaluation of safety and projected traffic volumes and delays, grade separations are proposed as part of the project to provide safe operations and reduce delay to vehicles at intersections through the corridor. The locations of the proposed grade separations are: • 11th Street (existing) • I-277 (existing) • CSX Railroad tracks between I-277 and 16th Street • AC&W railroad tracks just north of 30th Street/Duke Energy access road • 36th Street • E. Craighead Road • Sugar Creek Road • Eastway Drive (existing) • North Tryon Street/US-29 northbound lanes (entrance to median) • I-85 Connector Road • University City Blvd./NC-49 • W.T. Harris Boulevard • Northbound lanes of North Tryon/US-29 just north of Grove Lake Dr (underpass/median exit) Alternatives Analysis Page 13 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Rail and Street Modifications Modifications that would need to occur to existing infrastructure that would result directly from the Preferred Alternative include: • Construction of a new access driveway off of North Brevard Street for access to the existing Duke Energy substation; • Grade separation of 36th Street and the NCRR, including construction of a sidewalk along 36th Street under the future freight and light rail bridges; • Modifications to North Tryon Street to accommodate light rail in the median, described below. North Trvon Street Modifications The existing right-of-way along most of North Tryon Street/US-29 where the proposed light rail would be located is 120 feet. The required right-of-way width for incorporating light rail into the median is 147 feet plus additional width at intersections to accommodate turn lanes and in station locations. The typical section would include: two 11-foot through travel lanes for northbound and southbound directions; 11-foot turn lanes at intersections; two light rail tracks within the median; five foot bicycle lanes; two foot — six inch curb and gutters on both sides; eight foot planting strips; and six to eight foot sidewalks on both sides. • Along North Tryon Street/US-29 between Old Concord Road and "the weave," asymmetrical widening is proposed. Along this section of North Tryon Street/US-29, the intent would be to acquire additional right-of-way primarily on the west side of North Tryon Street/US-29. To accommodate light rail in the median, North Tryon Street/US-29 would be re-built so that the proposed edge of pavement on the east side would be located approximately 10 feet to the east of existing edge of pavement for the north-bound lanes of North Tryon Street/US-29, and the proposed edge of pavement on the west side would be approximately 30 feet to the west of the existing edge of pavement of the south-bound lanes of North Tryon Street/US-29. • Due to the new terminus at the UNC Charlotte Station, the additional parking needs at University City Blvd. Station results in increased traffic to the area. As such, additional lanes in "the weave" are necessary. A six-lane typical section, with turn lanes is proposed under the LYNX BLE light rail project. The southbound North Tryon Street/US-29 movement would have a three-lane segment from Shopping Center Drive to the I-85 Connector and the northbound North Tryon Street/US-29 movement would have a three-lane segment from Orchard Trace Lane to University City Bou levard/NC-49. • North of the "the weave" to UNC Charlotte Research Drive (also known as Institute Circle), symmetrical widening of North Tryon Street/US-29 is proposed. This would require approximately the same amount of additional right-of-way on both sides. Along both sides of North Tryon Street/US-29, the proposed edge of pavement would be located approximately 30 feet from the existing edge of pavement. • Additional widening, along the entire stretch of North Tryon Street/US-29 for both the asymmetrical and symmetrical widening, of approximately ten to 20 feet would be required to accommodate the left/right turn lanes at signalized intersections. The proposed number of turn lanes at each intersection is based on the traffic analysis documented in the Final EIS Chapter 3.0: Transportation. Additional widening would likely be required at the signalized intersections to provide sufficient pedestrian refuge in the median. • The existing intersection of North Tryon Street/US-29 and Old Concord Road would be modified. The existing skewed intersection would be realigned to a 90-degree intersection by eliminating the free- flow right turn movement from north-bound North Tryon Street/US-29 onto Old Concord Road. • Signalized intersections would provide vehicular and pedestrian crossings across the light rail tracks. • All existing signalized intersections would remain and the proposed project would add five new signalized intersections along North Tryon Street/US-29 at Orr Road, Arrowhead Drive, Owen Boulevard, Orchard Trace Lane, and the University City Blvd. Station park-and-ride entrance. Alternatives Analysis Page 14 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Existing median openings along North Tryon Street/US-29 where vehicles can currently make a left turn would be closed at: Austin Drive, Heathway Drive, Kemp Street, Stetson Drive, and Clark Boulevard. Side streets and driveways between signalized intersections would be right-in/right-out only and would require vehicles to make left or u-turns at signalized intersections. Other Proiects Two projects being undertaken by others have influenced the design of the Preferred Alternative: The City's reconfiguration of the North Tryon Street/US-29 and University City Blvd./NC-49 intersections which will result in two at-grade intersections to improve the existing safety conditions of the area referred to as "the weave;" and, The NCRR and NCDOT Rail Division's plan to grade separate Sugar Creek Road. Sugar Creek Road would be depressed under or carried over the existing railroad tracks as planned and undertaken as a separate project by the North Carolina Railroad (NCRR) and North Carolina Department of Transportation (NCDOT) rail. The proposed LYNX BLE Project would share the structure constructed over a depressed Sugar Creek Road with the railroad project, or would be at existing grade below an elevated Sugar Creek Road. Light Rail Alternative — Sugar Creek Design Option The Light Rail Alternative — Sugar Creek Design Option represents a change from the Preferred Alternative alignment and a change in the locations for the station platforms and park-and-ride locations for the Sugar Creek and Old Concord Road Stations. The Preferred Alternative alignment and stations leading up to and departing from the area of the Light Rail Alternative — Sugar Creek Design Option would not change under this design option. The alignment would divert from the Preferred Alternative just after it passes Sugar Creek Road. Like the Preferred Alternative, the alignment for the Light Rail Alternative — Sugar Creek Design Option would pass over Sugar Creek Road on a bridge. This bridge structure would be at the same elevation (at-grade) as the freight tracks and the existing roadway. Sugar Creek Road would also be depressed under the existing freight and the future proposed light rail tracks. The Light Rail Alternative — Sugar Creek Design Option light rail alignment would turn north towards North Tryon Street/US-29 approximately 200 feet north and east of Sugar Creek Road, rather than continuing along the NCRR right-of-way to north of Eastway Drive, similar to what is proposed under the Preferred Alternative. This design option alignment would then go up and over the northbound travel lanes of North Tryon Street/US-29 approximately 800 feet north of Dorton Street and then return to street level in the median of North Tryon Street/US-29 approximately 160 feet north of Bennett Street. Asymmetrical widening to the west side of North Tryon Street/US-29 from Dorton Street to Old Concord Road is proposed. The existing right-of-way along this portion of North Tryon Street/US-29 is 100 feet. The required right-of-way width for incorporating light rail into the median is 147 feet plus additional width at intersections to accommodate turn lanes. The proposed typical section along North Tryon Street would be the same as in the Preferred Alternative. In addition, Dorton Street would be extended east to Raleigh Street to provide access to the park-and-ride lot. An at-grade crossing would also be provided where the light rail would cross Raleigh Street. The Light Rail Alternative — Sugar Creek Design Option would continue north and east in the median of North Tryon Street/US-29. A retaining wall would begin 712 feet south of Eastway Drive and continue to a bridge to cross over Eastway Drive. The light rail would descend on a retaining wall for another 750 feet to Northchase Drive. The design option would continue at street level through the intersection at Old Concord Road, to the point where the alignment merges with the Preferred Alternative alignment at Austin Drive. Table 6 summarizes the basic characteristics of the proposed stations for the Light Rail Alternative — Sugar Creek Design Option. Alternatives Analysis Page 15 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Table 6 Proposed Stations for the Light Rail Alternative — Sugar Creek Design Option Station Access PlatForm Parking Bus Sugar Creek Station, Park-and-ride Side 893 Su ar Creek Desi n O tion Old Concord Road Station, Park-and-ride Center 458 Suaar Creek Desian Option Ancillary Facilities The Preferred Alternative would also include ancillary facilities, such as electric substations and signal control houses. To provide electricity along the line for the light rail vehicles, seven traction power substations would be located along the alignment. Substations require approximately 40 feet by 60 feet sites with access driveways. A typical substation would be constructed of steel housing and depending on the location, could be surrounded by fencing, a brick wall, landscaping or other forms of aesthetic barriers. Substations would be spaced along the alignment, approximately one-mile apart. The signal control house contains the signaling control system, circuits and equipment required for safe vehicle operation. Seven signal houses are planned along the alignment. The distances between the signal houses vary and are related to the location of the crossover tracks where light rail vehicles can cross between one track and another. The minimum distance between signal houses is 800 feet, while the maximum distance between signal houses is 16,000 feet. Technology Characteristics Light rail is a transit technology that operates on fixed steel rails and is typically powered by an overhead electrical system, although diesel-powered systems also exist. The Preferred Alternative vehicles would be electrically powered by an Overhead Catenary System (OCS) of wires supported by poles. The design of the light rail OCS would utilize either a center pole configuration or side pole configuration along the corridor. For the Preferred Alternative, light rail would operate in dedicated right-of-way; although autos would be able to cross the tracks at select intersections. Grade crossing gates and lights would be placed at these intersections for safety. Typical LYNX Blue Line substation. Typical LYNX Blue Line signal house. Typical Light Rail Vehicle The Preferred Alternative would utilize similar vehicles to the vehicles used for the existing LYNX Blue Line light rail. The light rail vehicles would have a partial low floor (75 percent) and articulation. The cars would be capable of multiple unit bi-directional operation and consist of 1, 2 or 3-car sets with a minimum of 68 seats per car. Each vehicle would be fully compliant with the American with Disabilities Act (ADA), with sufficient space to accommodate a minimum of four wheelchairs. The vehicles would also include racks to carry up to four bicycles, radios and Automatic Passenger Counters (APC). Each vehicle would be manually operated and would generally operate at a maximum speed of 55 miles per hour. Alternatives Analysis Page 16 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Operating Characteristics The operations plan for the Preferred Alternative includes light rail service and feeder bus service. Since the Preferred Alternative would be an extension of the existing LYNX Blue Line, service frequency for the LYNX BLE would be the same as that for the existing LYNX Blue Line. Liqht Rail Service Light rail service would operate between the I-485/South Boulevard Station at the southern terminus of the existing South Corridor LYNX Blue Line and the UNC Charlotte Station on the UNC Charlotte campus. Trains would operate in 1, 2 or 3-car sets, seven days a week from 5:00 a.m. to 1:00 a.m. The service would generally operate on the following frequencies: • Weekday peak-period service (i.e. 6:30 a.m. to 9:30 a.m. and 4:00 p.m. to 7:00 p.m.) would be every 7.5 minutes for initial operations and every ten minutes by the year 2035. • Weekday off-peak service would be 15 minutes during the early morning, mid-day, and evening periods (i.e. 5:00 a.m. to 6:30 a.m. and 9:30 a.m. to 4:00 p.m.) and 20 minutes during the evening/night period (i.e. 7:00 p.m. to 1:00 a.m.). • Saturday service would be every 15 minutes from 10:00 a.m. to 5:00 p.m.; every 20 minutes from 7:00 a.m. to 10 a.m. and 5:00 p.m. to 10:00 p.m.; and, every 30 minutes from 6:00 a.m. to 7:00 a.m. and 10:00 p.m. to 1:00 a.m. • Sunday service would be every 15 minutes from 11:00 a.m. to 5:00 p.m.; every 20 minutes from 9:00 a.m. to 11:00 a.m. and 5 p.m. to 10:00 p.m.; and every 30 minutes from 6:00 a.m. to 9:00 a.m. and 10:00 p.m. to 1:00 a.m. The operating analysis indicated that to meet the projected peak period demand in 2035, two operating scenarios would provide sufficient capacity. The first operating scenario is two car trains with 6-minute headways. The second operating scenario is 3-car trains with 10-minute headways. Ten-minute headways were analyzed in the Final EIS to represent the future traffic and noise scenario. Additional light rail service would be provided to meet the demand produced by special events. The service plan would vary depending on the size and type of special event. The plan may include more frequent service, additional hours of service, or additional vehicles added to the light rail service and supporting bus services for special events such as sporting events, concerts, shows, or festivals. Venues in Center City Charlotte that may require special event service include: Bank of America Stadium, Time Warner Cable Arena, the Blumenthal Performing Arts Center, the NASCAR Hall of Fame and a future baseball stadium. Outside of Center City Charlotte, events at Memorial Stadium, Central Piedmont Community College, UNC Charlotte, Verizon Wireless Amphitheatre and Charlotte Motor Speedway may also require special event service. Feeder Bus Service The light rail service would be augmented by feeder bus service that would include local and express bus service. Bus-to-rail transfers would occur at most station locations. To provide feeder bus service for the Preferred Alternative, the existing CATS corridor bus service would be modified to move passengers to and from proposed light rail stations. In total, 14 routes are planned for the corridor and three of these routes would be new services. Several existing routes would be re-aligned and some route frequencies would be modified to minimize waiting time for transfers to or from light rail. Specific route changes are described in detail in the CATS Bus/Rail Operating Plan and are summarized in Table 7. Alternatives Analysis Page 17 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Table 7 Bus Service in Northeast Corridor for Preferred Alternative Frequency Light Rail Station Served Routes peak Midday Night Type 3-The Plaza 20 30 40 Local Su ar Creek 4-Countr Club 30 30 40 Local Sugar Creek 11-North T on 20 20 40 Local Old Concord Road 13-Nevin Rd. 30 30 30 Local University City Blvd. 22- Graham St. 30 30 40 Local Sugar Creek 23-Shamrock Dr. 20 30 40 Local 36th Street 29-UNC Charlotte/South 40 40 --- Local JW Clay Blvd. Park* 39-Eastway 30 30 30 Local Old Concord Rd., Tom Hunter and Universit Cit Blvd. 54-URP 30 60 --- Local University City Blvd. 80x-Concord 20 --- --- Ex ress JW Clay Blvd. 110-Concord Mills Mall 30 30 60 Local JW Clay Blvd. 125-Derita/Prosperity 30 30 40 Local University City Blvd Church 204-Lasalle** --- ---- --- --- --- 211-Hidden Valle 20 20 40 Local Sugar Creek and Tom Hunter Note: "--" refers to no service being operated during those frequencies. ' Existing UNC Charlotte shuttle routes would also be operated, but are not modeled in the travel demand model. " Route 204-Lasalle is combined with a truncated 23-Shamrock Dr. in order to provide a crosstown route serving the 36th Street Station Fare Collection Fare collection for the Preferred Alternative would be the same as the existing LYNX Blue Line; a barrier- free, proof-of-payment method of fare collection, otherwise known as the "honor" system. CATS would utilize fare inspectors and police officers to check tickets and passes aboard the light rail vehicles. This is the same method of fare collection and enforcement that CATS currently performs on the existing LYNX Blue Line. Light rail patrons would buy tickets and passes from the self-serve ticket vending machines (TVMs) located at the stations, or otherwise in advance at an authorized CATS pass outlet or through the CATS website. The TVMs located at the stations would have the capability to dispense one-way, round-trip, weekly and day pass tickets, reduced-fare tickets for qualified persons (seniors, handicapped, etc.) and print receipts for credit/debit transactions. The fare media would be paper-based, magnetically encoded, and compatible with the existing bus magnetic ticketing system. LYNX Blue Line Light Rail (South Corridor) Improvements The LYNX BLE creates projected ridership loads that require either the operation of ten-minute headways with 3 car trains or six-minute headways with 2 car trains. Both of these scenarios require improvements to the existing Blue Line light rail (South Corridor Improvements, STV Inc., 2009). The LYNX Blue Line (South Corridor Light Rail Project) was originally designed with 3 car platforms and additional substations, but these improvements were cut during Final Design. To operate 3 car train sets in the future, CATS would need to extend the length of the existing 2-car platforms at each of the 15 LYNX Blue Line stations in the South Corridor and add four additional substations to meet the traction power requirements. Improvements to the LYNX Blue Line to operate 3 car train sets would be a separate future project. Northeast Corridor Infrastructure Bicycle Facilities Study The Northeast Corridor Infrastructure (NECI) Bicycle Facilities Study evaluated various bike path alternatives to be located between downtown Charlotte and UNC Charlotte. The alternative alignments Alternatives Analysis Page 18 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension considered were to provide both pedestrian and bicycle users opportunities to safely travel within the northeast corridor. Through a stakeholder process, alternative alignments along N. Tryon Street/US-29, paralleling the proposed LYNX BLE and utilizing planned greenways, existing greenways and existing street networks within the neighborhoods adjacent to the LYNX BLE were evaluated. The preferred alignment utilized a street network that paralleled the LYNX BLE from the 9th Street Station to the Old Concord Road Station utilizing existing streets and NCRR right-of-way, then utilizing the planned bike lanes along N. Tryon Street/US-29 that are being incorporated into the LYNX BLE. The ability to incorporate an alignment within the NCRR right-of-way provided the most direct access between stations, and duplicates what was done along the existing LYNX Blue Line. Capital Costs The estimated capital costs for the Preferred Alternative are shown in Table 8. Table 8 Caaital Costs for the Preferred Cost Category' and Track Elements Stations Support Facilities: Yards, Shops, Admin. Bldgs Site work and Special Conditions Systems Right-of-way, Land, Existing Improvements Vehicles Professional Services Unallocated Continqencv Notes: 'List of Cost Categories based on FTA's "Standard Cc Z Does not include Finance Charges. Source: 30 Percent Cost Estimate, Rev. 02, STV Inc. (2011). Operating and Maintenance Costs 2010 Preferred Alternative ($ millions, 2010) $137.65 $45.96 $8.51 $107.88 $113.09 $106.50 $87.02 $149.26 $75.59 System-wide operating and maintenance costs (O&M) for the No-Build Alternative and the Preferred Alternative are included in Table 9 These numbers reflect system-wide bus and light rail O&M costs for CATS. Summarv of S Alternative Table 9 stem-wide Operating and Maintenance Costs Incremental O&M Cost over the Annual O&M Costs ($ millions) No-Build Alternative ($ millions) No-Build Alternative $82.28 -- Preferred Alternative $92.24 +$9.96 Note: "—" Not applicable; 2010 Dollars Source: Operations and Maintenance Quantities and Costs — Bus, Rev. 05 (2011); and Operations and Maintenance Quantities and Costs — Rail, Rev. 02, STV I nc. (2011) Alternatives Analysis Page 19 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension ATTACHMENT G INDIRECT CUMULATIVE EFFECTS ASSESSMENT �� f �� ; HRXI �7 ' 4/fEA FiRAlSfflT 5➢ ���F,�l LYNX Blue Line Extension (Northeast Corridor) Light Rail Project Contract #: 08-477 WBS #: 6.24 Qualitative Indirect and Cumulative Rev. 00 Effects Assessment � Prepared bv: �' STV� tZ.alph Whitehead As����::.:�tes 1000 W. Morehead Street, Suite 200 Charlotte, NC 28208 Prepared for: City of Charlotte Charlotte Area Transit System Project #: 2513745 December 21, 2011 ���-� t �'� QUALITATIVE INDIRECT AND CUMULATIVE EFFECTS ASSESSMENT TABLE OF CONTENTS LYNX Blue Line Extension EXECUTIVE SUMMARY ........................................................................................................1 1.0 I NTRODUCTION .......................................................................................................... 1.1 Qualitative Indirect and Cumulative Effects (ICE) Assessment ............................. 1.2 Project Description and Project Purpose .............................................................. 2.0 STUDY AREA BOUNDARIES ..................................................................................... 2.1 Future Land Use Study Area ................................................................................ 2.2 Demographic Area ............................................................................................... 2.3 Timeframe for Analysis ........................................................................................ 3.0 STUDY AREA NEEDS, DIRECTIONS AND GOALS ................................................... 3.1 Regional Context ................................................................................................. 3.2 Demographic and Employment Patterns .............................................................. 3.3 Existing Land Use Patterns .................................................................................. 3.4 Local Land Use and Transportation Plans ............................................................ 3.5 Local Transportation Projects ............................................................................... 3.6 Environmental Regulations .................................................................................. 4.0 NOTABLE FEATURES INVENTORY .......................................................................... 5.0 IMPACT-CAUSING ACTIVITIES ................................................................................. 5.1 Development Activity ............................................................................................ 5.2 Water and Sewer Availability ................................................................................ 6.0 ANALYSIS OF INDIRECT EFFECTS .......................................................................... 6.1 Potential Indirect Effects ...................................................................................... 6.2 Indirect Effects on Notable Features .............................................................. 4 4 5 6 6 6 7 7 7 8 12 13 20 24 � 32 32 33 33 33 35 7.0 ANALYSIS OF CUMULATIVE EFFECTS ......................................................................39 8.0 INDIRECT AND CUMULATIVE EFFECTS CONCLUSIONS .........................................41 December 2011 Page i Rev. 00 QUALITATIVE INDIRECT AND CUMULATIVE EFFECTS ASSESSMENT LYNX Blue Line Extension LIST OF TABLES Table 1: Summary of Indirect and Cumulative Effects ...........................................................3 Table 2: Historic Growth, 1980-2010 .....................................................................................8 Table 3: Population and Employment, 2010 and 2035 ..........................................................9 Table 4: Demographic Area Population, 1990-2010 ..............................................................10 Table 5: Population, Housing and Employment within %2-Mile of Stations, 2010 ....................11 Table 6: Projected Population, Housing and Employment within %2-Mile of Stations, 2035....12 Table 7: 2009-2015 NCDOT TIP Programmed Transportation Projects within the Northeast Corridor................................................................................................................... 21 Table 8: 2012-2018 NCDOT Draft TIP Programmed Transportation Projects within the NortheastCorridor ...................................................................................................21 Table 9: City of Charlotte FY 2010-2014 CIP Programmed Improvements within the NortheastCorridor ...................................................................................................23 Table 10: Planned Future Roadway Improvements within the Northeast Corridor, 2035 LRTP ......................................................................................................................... Table 11: Notable Natural Environment Resources .......................................... Table 12: Federally Endangered/Threatened Species in Mecklenburg County. Table 13: Potential Indirect Project Effects ....................................................... Table 14: Summary of Indirect and Cumulative Effects .................................... .................. .................. .................. .................. .................. LIST OF FIGURES Figure 1: The Region Figure 2: Centers, Corridors and Wedges Growth Framework Figure 3: Light Rail Alternative — Locally Preferred Alternative Figure 4: Study Area Figure 5: Northeast Corridor Major Activity Centers Figure 6: 2030 Transit System Plan Figure 7: Proposed Charlotte Region Railroad Infrastructure Improvements Figure 8: Watersheds Figure 8 a-c: Water Resources Figure 9: Waters and Wetlands Figure 10: Floodplains and Regulated Floodways Figure 11 a-b: Park and Recreation Facilities December 2011 Page ii Rev. 00 23 29 31 34 42 Qualitative Indirect and Cumulative Effects Assessment EXECUTIVE SUMMARY LYNX Blue Line Extension The purpose of this Qualitative Indirect and Cumulative Effects (ICE) Assessment is to assess the potential for indirect and cumulative effects that may result from construction of the Charlotte Area Transit System's (CATS) proposed LYNX Blue Line Extension Northeast Corridor Light Rail Project (LYNX BLE). The assessment of indirect and cumulative effects is required of proposed federal actions as established by the National Environmental Policy Act (NEPA), and implemented by the Council on Environmental Quality (CEQ), as well as the North Carolina State Environmental Policy Act (NCEPA). The Section 401 Water Quality Certification Program requires that the North Carolina Division of Water Quality (NCDWQ) determine that a project "does not result in cumulative effects, based upon past or reasonably anticipated future impacts, that cause or would cause a violation of downstream water quality standards" (15A NCAC 2H). As recommended by NCDWQ, this can be accomplished through an ICE Assessment. A Secondary and Cumulative Effects Analysis (SCEA) was prepared as part of the Final Environmental Impact Statement (EIS) for the LYNX BLE. The Final EIS was completed in August 2011. The SCEA, completed in August 2010, assessed the indirect and cumulative effects of the proposed project. This ICE assesses the potential for those identified effects to specifically impact water quality. The LYNX BLE would be located within the City of Charlotte and Mecklenburg County, North Carolina. Two separate design alternatives were considered as part of the alternative analysis: the Light Rail Alternative and the Light Rail Alternative — Sugar Creek Design Option. The Final EIS identifies the Light Rail Alternative as the Preferred Alternative for the LYNX BLE and compares that selection to the No-Build Alternative. The No-Build Alternative was not selected as it would not enhance access to transit and would not support future development, as called for in adopted plans and policies. The No-Build Alternative would likely result in the continuation of urban sprawl as highway improvements would be needed to accommodate anticipated population and employment growth. The City of Charlotte Planning Department and CATS are planning and implementing strategies to proactively manage the future growth that is projected for the Charlotte region. Several policies, tools, and planning initiatives have been adopted to implement the vision of several local land use and transportation plans, including the Centers, Corridors and Wedges Growth Framework (August 2010), 2025 Integrated Transit/Land Use Plan, the Northeast Area Plan, the University City Area Plan and the 2030 Transit Corridor System Plan. As envisioned in the region's plans, future development would be focused into areas that can support new development or are in need of redevelopment and away from areas that cannot support new growth. This concept is especially important from an environmental perspective as it facilitates more compact development, makes more efficient use of land and encourages alternative modes of transportation. Higher density development would be encouraged around light rail stations. The Federal Transit Administration (FTA) considers %2-mile to be a safe and convenient distance to walk to public transit. Because of the accessibility and walkability, transit stations often become focused development areas that are expected to experience effects as a result of a transit project. Transit Oriented Development (TOD) policies have been developed that focus on creating compact neighborhoods with housing, jobs, shopping, community services, and recreational opportunities all within a%2-half mile walking distance of a transit station. Project-related indirect effects outside of this area are not as likely. By focusing future growth in corridors with multiple travel alternatives, the region would be able to grow in a manner that promotes continued access and mobility and that enhances the quality of life for December 2011 Page 1 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension residents and employees. The types, pattern, and density of future and even existing development may be affected, but limited to localized areas surrounding station locations. The probability of sweeping land use changes in the Northeast Corridor and Future Land Use Area (FLUSA) related to the LYNX BLE is minimal. The corridor and FLUSA is expected to retain its overall urban to suburban character, and development interest and activity would exist with or without the project. However, the project is more likely to encourage land use changes, redevelopment, and infill development at specifically targeted station areas. The Northeast Corridor has experienced change in the past few years, emerging with three distinct characteristics: the edgy, in-town district along North Davidson Street referred to as NoDa; an aging suburban corridor along North Tryon Street/US-29 from Sugar Creek Road to Tom Hunter Road; and a suburban corridor experiencing mixed success from University City Boulevard north to I-485. It is projected that the North Davidson Street area will continue to fuel strong opportunities for intensification of residential, retail and creative office opportunities, particularly around the Parkwood, and 36th Street stations. Retail abandonment, limited interstate access, and economic stagnation are expected to temper the pace of development in the Sugar Creek Road to Tom Hunter Road area. The University City area and its proposed stations could benefit from several large-scale potentially catalytic projects. These projects include Belgate, UNC Charlotte expansion and associated development projects and University Place. The variations in development and land use patterns in the Northeast Corridor and FLUSA will vary from existing patterns mostly around station areas. These variations from existing uses would likely be the transition to mixed-use designations in areas where there is the greatest potential for TOD. Existing and proposed land use policies and development regulations support the implementation of the LYNX BLE. The proposed project would provide a substantial improvement to an established, overburdened transportation corridor with projected growth. In addition, the proposed project would meet the City of Charlotte's and Mecklenburg County's desires to implement long-range plans that integrate land use and transportation policies. This integration of land use and transportation is intended to better protect and enhance the environment through sustainable development. Reference Table 1 for a summary of indirect and cumulative effects anticipated as a result of the proposed project. December 2011 Page 2 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment Table 1 LYNX Blue Line Extension 5ummary of Indirect and Cumulative Effects Negative Effects Protections/Minimization of Effects The proposed project would likely shift vehicle trips to transit, resulting in lower overall traffic volumes when compared to Increased traffic and demands on traffic levels that would occur without the project. In addition, a infrastructure may arise from associated separate project program known as the Northeast Corridor development in station areas. Infrastructure (NECI) Program is currently underway to identify needed infrastructure improvements to support existing and future development. Habitat loss may result from conversion of agricultural or undeveloped land to urban and Most land use change will occur surrounding station locations, suburban development. Development is where development already exists. Policies and regulations are expected to continue in the corridor, perhaps in place to guide future development to locations which are resulting in habitat loss and conversion of ineant to handle this growth. forest to urban/suburban uses. Development and infrastructure Several federal, state, and local regulations and policies are in improvements have the potential to effect to minimize potential effects to water quality. These cumulatively affect water quality through include Section 401 and 404 requirements, Best Management erosion and stream sedimentation, increases Policies in the river basins, National Pollutant Discharge in non-point source pollution associated with Elimination System (NPDES) permitting regulations, erosion increasing impervious surfaces, and land and sedimentation control plan requirements, floodplain disturbing activities. regulations, stormwater management plan requirements, local post construction controls ordinance and Surface Water Im rovement and Mana ement SWIM buffers. The potential for growth and land use changes as a result of the proposed project is low-to- moderate. Most of the Northeast Corridor and FLUSA contain neighborhoods in an urban or suburban setting, and the proposed project is not likely to cause a substantial change in type or intensity of land use throughout the corridor and the FLUSA. The corridor and FLUSA will experience growth and development in the study time frame with or without the proposed project, as evidenced by population and employment projections. The proposed project is not likely to influence "if" growth will occur in the corridor, but rather "where" and "how" the growth would occur. It is not expected that project-related growth and water quality effects will be of such magnitude that a quantitative watershed analysis is necessary. Induced growth as a result of the project could have an indirect effect on water resources and water quality. However, growth resulting from the proposed project would occur at a low-to-moderate rate. It is expected that growth and development would occur within the corridor at lower densities and in a less concentrated manner if the project is not constructed and local transit-related ordinances aren't implemented. Because of this, the LYNX BLE could have fewer effects to water resources and downstream water quality than the No-Build Alternative. Existing land use policies and development regulations support the implementation of the LYNX BLE. The proposed project would provide a substantial improvement to an established, overburdened transportation corridor. In addition, the proposed project would meet the City of Charlotte's and Mecklenburg County's desires to implement long-range plans that integrate land use and transportation policies, and potential indirect effects related to resources and water quality would be minimized by regulations in place to protect these resources. December 2011 Page 3 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment 1.0 INTRODUCTION 1.1 Qualitative Indirect and Cumulative Effects (ICE) Assessment LYNX Blue Line Extension The purpose of this Qualitative Indirect and Cumulative Effects (ICE) Assessment is to assess the potential for indirect and cumulative effects that may result from construction of the proposed LYNX Blue Line Extension Northeast Corridor Light Rail Project (LYNX BLE). The assessment of indirect and cumulative effects is required of proposed federal actions as established by the National Environmental Policy Act (NEPA), and implemented by the Council on Environmental Quality (CEQ), as well as the North Carolina State Environmental Policy Act (NCEPA). Information was taken from existing technical reports and the Final Environmental Impact Statement (August 2011). The Final EIS was updated with 2035 data and recently released 2010 Census data, which has been included in this report. CEQ regulations indicate that indirect effects (also known as secondary effects) are caused by an action such as the proposed LYNX BLE project, and occur later in time or farther removed in distance than direct effects, but are still reasonably foreseeable. These effects may include growth inducing effects and other impacts related to induced changes that would not otherwise occur without the project implementation. Cumulative effects result from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions, regardless of what agency (federal or non-federal) or person undertakes such other actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time. "Effect" and "impact" are used synonymously in the CEQ regulations, and are used interchangeably in this report. Transportation projects are a primary influence on where development occurs, as these improvements may make land more attractive for development. Transit projects, such as the proposed LYNX BLE are primarily intended to meet the existing and future transportation needs of a community in a more sustainable capacity than traditional highway development. Light rail transit in general, provides an alternative mode of transportation and removes vehicle trips from the roadway. However, a secondary consequence is that light rail transit may lead to the conversion of undeveloped or underdeveloped land to more intensive land uses. The conversions may occur throughout the corridor and transit service area with the majority of induced development resulting from light rail projects typically occurring within a%2-mile radius of transit stations. Without proper controls, induced growth and change in land uses can affect natural and human resources and can affect water quality. Where and how communities accommodate growth has a profound impact on the quality of water resources. Planned development that uses land efficiently and protects undisturbed natural lands allows a community to grow and still protect its water resources. Higher-density development in planned locations is key to protecting water resources. Well planned, higher-density development is capable of better protecting water quality over low-density, sprawling development as less consumption of land generally means less impervious surface cover in a watershed. Increasing development densities along growth corridors with high-capacity transportation facilities is one strategy communities can use to minimize regional water quality effects. To fully protect water resources, communities need to employ a wide range of land use strategies, building a range of development densities in the appropriate locations. The Section 401 Water Quality Certification Program requires that the North Carolina Division of Water Quality (NCDWQ) determine that a project "does not result in cumulative effects, based December 2011 Page 4 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension upon past or reasonably anticipated future impacts, that cause or would cause a violation of downstream water quality standards" (15A NCAC 2H). As recommended by NCDWQ, this can be accomplished through an ICE Assessment. Water quality effects associated with the development of the proposed project include, but are not necessarily limited to, non-point source pollution emanating from storm-water runoff, direct stream effects and wetland reduction effects. An environmental inventory of the LYNX BLE study area was completed to identify potentially affected water bodies, their characteristics, water quality classifications, relevant water quality protection regulations, and the extent of current impervious cover within the watersheds. This report is intended to demonstrate, through a qualitative analysis, whether the proposed project has the potential to cause indirect and cumulative effects, especially as they relate to water quality. 1.2 Project Description and Project Purpose The LYNX BLE would be located in the Northeast Corridor, which is located within the City of Charlotte and Mecklenburg County, North Carolina. A map of the region is shown in Figure 1. The Northeast Corridor was identified under the original Centers and Corridors Vision Plan (1994) and the 2025 Integrated Transit/Land Use Plan (1998). The Centers, Corridors and Wedges Growth Framework was an update to the 1994 Vision Plan, prepared in August of 2011, and Figure 2 identifies the planned high-growth corridors. The Northeast Corridor Major Investment Study (2002) defined the extent of the Northeast Corridor limits, which spans approximately 14 miles from Center City Charlotte to the Cabarrus County Line. Two separate design alternatives were considered as part of the alternative analysis for the Draft Environmental Impact Statement (EIS): the Light Rail Alternative and the Light Rail Alternative — Sugar Creek Design Option. The Final EIS identifies the Light Rail Alternative as the Preferred Alternative and compares that selection to the No-Build Alternative. The No-Build Alternative was not selected as it would not enhance access to transit and would not support future development, as called for in adopted plans and policies. The No-Build Alternative would likely result in the continuation of urban sprawl as highway improvements would be needed to accommodate anticipated population and employment growth. The majority of analysis performed for the Final EIS was within the defined Northeast Corridor limits. The proposed LYNX BLE would be an extension of the LYNX Blue Line (formerly called the South Corridor Light Rail Project) light rail service that opened in November 2007. The proposed project would extend through the Northeast Corridor approximately 9.4 miles and provide 11 transit stations, including seven walk-up stations and four stations with park-and-ride facilities, as well as a feeder bus system to support the light rail system. The alignment would travel within existing railroad rights-of-way from Center City Charlotte to the middle of the alignment, near Old Concord Road, where it would then transition to the median of North Tryon Street/US-29. The line would remain in the median until approximately 1,000 feet north of the existing entrance to the University of North Carolina at Charlotte's (UNC Charlotte) Charlotte Research Institute, where it would enter the campus. The proposed project would terminate at the UNC Charlotte Station. Figure 3 shows the Preferred Alternative alignment and station locations. The purpose of the proposed LYNX BLE is to ensure future mobility by providing a transportation alternative in a highly congested travel corridor and to support the region's land use policies and goals for a sustainable growth and development pattern. The proposed project would provide high-capacity, light rail transit service in the corridor. This new service would offer December 2011 Page 5 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension a convenient, time-competitive travel alternative and reduce dependence on single-occupant automobiles. As an extension of the LYNX Blue Line, the proposed project would enhance the operating effectiveness of CATS' light rail service and leverage the public investment already made in the South Corridor. The proposed project would also support the growth plans developed by the Charlotte- Mecklenburg region. As envisioned in the region's plans, future development would be focused into areas that can support new development or are in need of redevelopment, and away from areas that cannot support new growth. Higher density development would be encouraged around light rail stations. By focusing future growth in corridors with multiple travel alternatives, the region would be able to grow in a manner that promotes continued access and mobility and that enhances the quality of life for residents and employees. 2.0 STUDY AREA BOUNDARIES Study areas were identified for considering a full range of potential indirect and cumulative effects. Definition of study areas was based on several factors, including political/geographic boundaries (i.e., planning corridor districts and Census Tracts), commuteshed, growth boundaries/service area limits, watersheds, and interviews with planners with substantial knowledge of the area. Local representatives from the Charlotte-Mecklenburg Planning Department (Planning) and Charlotte Area Transit System (CATS) assisted in defining the study areas by responding to preliminary mapping presented at an interview on April 20, 2009, and by answering questions about potential project-induced changes in the area. 2.1 Future Land Use Study Area The Future Land Use Study Area (FLUSA), which is depicted in Figure 4, is where there is potential for land use changes as a result of the proposed LYNX BLE. The FLUSA is not necessarily the extent or exact location where indirect effects are likely to occur, but rather a data collection area. Based on a field review of local conditions, interviews with local representatives, and professional judgment, this area was determined large enough to encompass potential indirect and cumulative effects resulting from the LYNX BLE. The northwestern and southeastern edges of the FLUSA for this project are defined by the existing railroad tracks, as it is assumed that the tracks pose a physical barrier for land use changes associated with the proposed project. Existing roadways and neighborhood boundaries were considered in delineating the geographic extent of project-related land use changes to the northeastern and southwestern sides of the corridor. Although I-85 could act as a physical barrier for land use changes associated with the project, the FLUSA was delineated beyond the interstate because of availability of developable land and the proximity and connection to future I-485. The FLUSA's eastern extent is defined by the Cabarrus County/Mecklenburg County Line, which is approximately 3 miles from the northern terminus of the proposed project. This is estimated to provide an adequate distance to encompass any potential indirect and cumulative effects related to the project. The boundaries of the FLUSA are very similar to those of the Northeast Corridor. The Northeast Corridor is identified and discussed in several local plans. 2.2 Demographic Area A demographic analysis area was established to analyze the population, housing and employment growth trends for the FLUSA. Because the Charlotte Planning Commission has relatively detailed demographic information for the Northeast Corridor, which is very similar in size, shape and location to the FLUSA, the Demographic Area's boundary is based on the outer December 2011 Page 6 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension limits of Census Tracts that generally encompass the Northeast Corridor. The boundaries of the Demographic Area (DA) follow Census Tract lines and primarily go beyond the FLUSA and the Northeast Corridor. The demographic area consists of 44 Mecklenburg County Census Tracts (2010) as shown in Figure 4. Several Census Tracts were subdivided as part of the 2010 Census update and may have different Census Tract numbers than in 1990 and 2000. 2.3 Timeframe for Analysis The timeframe for the analysis includes population trends from 1980 to present, as well as projections through 2035. The projection year 2030 was determined to be a suitable analysis timeframe for indirect and cumulative effects in 2010, when the SCEA was prepared, as it was the forecast year of the proposed LYNX BLE, and it was also the horizon year for the Mecklenburg-Union Metropolitan Planning Organization's (MUMPO's) Long Range Transportation Plan (LRTP) at that time. A Secondary and Cumulative Effects Assessment Technical Memorandum (August 2010) was prepared as part of the Final EIS. The horizon year for the technical memorandum was 2030, which is still appropriate given that it is also the forecast year for the project. However, the Final EIS was updated with 2035 data and recently released 2010 Census data, which has also been included in this report. No other new data has been researched or analysis completed since the preparation of the Final EIS. 3.0 STUDY AREA NEEDS, DIRECTIONS AND GOALS 3.1 Regional Context The City of Charlotte, North Carolina is at the heart of the rapidly growing Charlotte- Mecklenburg region, which boasts one of the most robust economies in the United States. Charlotte serves as the commercial capital of the Carolinas and has become one of the nation's largest banking centers. The last several decades have seen record increases in population and employment, both in Center City Charlotte and in outlying activity centers. Center City Charlotte is where the existing LYNX Blue Line terminates and where the proposed LYNX BLE would begin. It is the region's largest employment center, housing workers, residences, office space, retail space, and numerous entertainment, recreational, institutional/educational, and cultural destinations. The proposed LYNX BLE Northeast Corridor contains approximately 23 identified major activity centers and they are shown in Figure 5. These major activity centers include Center City Charlotte, the North Davidson "NoDa" Historic Arts District and the University City employment center. The University City area includes large employment complexes, medical facilities, and the UNC Charlotte main campus. These destinations, as well as the corridor's connection to other corridors and activity centers, will continue to influence growth attractiveness and development potential within the Northeast Corridor through 2035. The Noell Consulting Group's report, City of Charlotte Estimated Development Potential for Transit Corridors and Activity Centers — 2008-2035 (April 2009), concludes that Mecklenburg County will become increasingly urbanized through the next two decades and beyond with heavy emphasis on intensifying residential and commercial uses in key activity centers and in the four major transit corridors in the county (of which, the Northeast Corridor is one). It also indicated that the four transit corridors and activity centers studied are expected to gain market share in the coming years, capturing more than 40 percent of all new residential growth, 78 percent of new office growth, and more than half of the new retail growth. December 2011 Page 7 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension The Northeast Corridor is a heavily traveled transit route, as it provides a vital connection between Center City Charlotte and the University City area. The route along North Tryon Street/US-29 also provides an alternative to travel on Interstate 85 (I-85) between these two activity centers. As of January 2009, there were 16 bus routes operating in the Northeast Corridor, including local bus routes, UNC Charlotte shuttle routes, neighborhood circulator routes and express bus routes. Recognizing the consequences of uncontrolled growth to the region's attractiveness as a place to live and do business, decision-makers initiated efforts to coordinate land use and transportation planning, and encourage growth in a way that will enhance regional mobility. The City of Charlotte and Mecklenburg County have adopted plans that encourage growth and development that builds on the region's existing framework of centers and corridors, focusing future development in these areas and preserving lower density development and open space between corridors. 3.2 Demographic and Employment Patterns The Charlotte-Mecklenburg area represents the largest concentration of population and employment in North Carolina. Since 1980, the region has experienced substantial growth, resulting in a doubling of population for the county and the city. According to U.S. Census Bureau data, between 1980 and 2010 Mecklenburg County's population increased from 404,270 residents to 919,628 residents (a 127 percent increase) and Charlotte's population increased from 315,474 residents to 731,424 residents (a 131 percent increase) during the same time period. Population growth for Mecklenburg County and Charlotte were higher than the state and national growth rate. Table 2 includes a detailed summary of these historic population changes. Table 2 Historic Growth, 1980-2010 Area 1980 1990 2000 2010 Population Population Population Population Population % Change 1980-2010 Charlotte 315,474 395,934 540,167 731,424 131.8 Mecklenburg County 404,270 511,481 695,370 919,628 127.3 North Carolina 5,880,095 6,628,637 8,046,485 9,535,483 62.2 United States 226,542,199 248,709,873 281,421,906 308,745,538 36.3 Source: 2010 U.S. Census Data Population within the Northeast Corridor has also increased substantially. The Northeast Corridor was home to about 87,300 persons in 2010, which is approximately 10 percent of the County's population. The trend of adding nearly 200,000 persons per decade to the Charlotte- Mecklenburg area is projected to continue through 2035. By 2035, population in the corridor is projected to increase by 47 percent from 2010 to 2035. Center City Charlotte is projected to have an increase in population of approximately 22,200 persons or about 198 percent between 2010 and 2035. With the population increase, population densities within Mecklenburg County are expected to increase within the horizon period. These population and employment projections are included in Table 3. December 2011 Page 8 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment Table 3 LYNX Blue Line Extension Population and Employment, 2010 and 2035 Population Employment Category Percent Percent 2010 2035 Change 2010 2035 Change Mecklenburg County 919,628 1,345,078 46% 532,603 1,062,407 99% Persons/Sq. Mile 1,684 2,464 975 1,946 Northeast Corridor (excluding g� 286 128,623 47% 50,314 124,711 148% Center City Charlotte) Persons/Sq. Mile 2,161 3,184 1,245 3,087 Center City Charlotte 11,184 33,360 198% 65,670 118,289 80% Source: (;harlotte-Mecklenburg F'lanning Uepartment Land Use F'ro�ections (LUSHM Model), ZU1U. Population, housing and employment data were reviewed at the regional, county, census tract and station area levels. The following offers a detailed summary of the data. Population The six-county Charlotte-Gastonia-Concord, NC-SC Metropolitan Statistical Area (MSA) has an estimated 2010 population of 2,174,353; ranking the 33rd largest MSA and 4th fastest growing MSA in the country (U.S. Census, 2010). Mecklenburg County is the most populous county in the MSA with 919,628 people in 2010, representing approximately 42 percent of the total 2010 MSA population. According to the U.S. Census 2010, the Northeast Corridor population, excluding the Central Business District (CBD), totals 87,286 people; the CBD with 11,184 people. All totaled, the combined Northeast Corridor and CBD populations represent approximately 11 percent of the overall Mecklenburg County population. The population within the Demographic Area was estimated at approximately 200,000 in 2010, representing a 112 percent increase over 1990. Projected population trends for the Demographic Area are summarized in Table 4. Tracts have been combined for comparison of the same geographic areas delineated in the 1990 and 2000 Census. It is assumed that the Demographic Area trends would be relevant for expected FLUSA trends. December 2011 Page 9 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment Table 4 LYNX Blue Line Extension Demographic Area Population, 1990-2010 Increase Total Population from 1990 to Census Tract(s) (2000) Corresponding Census 2010 Tract(s) (2010) 1990 2000 2010 % Change 1.00 1.00 895 1,127 3,425 +282.7 5.00 5.00 2,209 2,351 4,964 +124.7 6.00 6.00 1,752 1,755 4,100 +134.0 7.00 7.00 864 667 736 -14.8 8.00 8.00 2,884 3,099 2,284 No change 9.00 9.00 2,321 2,224 1,556 -33.0 10.00 10.0 2,461 2,255 2,319 -5.8 13. 00 13.0 4,166 4, 319 3, 893 -6.6 14.00 14.0 2,400 2,656 2,607 +8.6 15.05, 15.06 15.05, 15.09, 15.10 9,260 9,329 9,701 +4.8 15.03 15.07, 15.08 7, 081 9,191 10, 065 +42.1 15.04 15.04 4,629 4,806 6,401 +38.3 49.00 49.00 626 894 737 +17.7 51.00 51.00 2,643 2,628 2,340 -11.5 52.00 52.00 3,216 3,056 2,728 -15.2 53.01 53.01 2,546 2,773 3,326 +30.6 53.04 53.07, 53.08 4,216 6,393 5,536 +31.3 53.03 53.05, 53.06 7,184 6, 970 7,442 +3.6 54. 02 54. 03, 54.04 5, 396 6, 588 8, 979 +66.4 55.03, 55.04 55.10, 55.11, 55.12 3,261 12,915 13,518 +314.5 55.13, 55.14, 55.15, 55.05, 55.06, 55. 07 55.16, 55.17, 55.18, 6, 780 31,121 57, 094 +742.1 55.19, 55.20, 55.21, 55.22, 55.23, 55.24 56.09, 56.10, 56.11, 56.03, 56.04, 56.05, 56.06 56.04, 56.05, 56.12, 11,479 20,691 33,695 +193.5 56.13, 56.14, 56.15 56.07, 56.08 56.16, 56.17, 56.18, 5,102 13,050 10, 804 +111.8 56.19 Total 93,371 150,858 198,250 +112.3 December 2011 Page 10 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension Housin Nationally, housing markets have been in decline since August 2007. While trends are slowly beginning to reverse, home prices and the housing market generally within the MSA have maintained better than other metropolitan areas. The MSA also currently ranks fifth in housing permits (Charlotte Chamber of Commerce, 2010). The 2010 U.S. Census data reveals that total households in the proposed project corridor continue to grow, with the largest number of households around the 36th Station and Tom Hunter Station in North Charlotte, and the JW Clay Blvd Station in the University City area. The stations in the North Charlotte and University City areas also contain some of the densest housing outside of Charlotte's CBD. Employment The total labor force in the MSA totals nearly 1.2 million, with more than 146,000 commuting into Mecklenburg County from surrounding counties (Charlotte Chamber of Commerce, 2010). The industries within the MSA vary, with the top industries being retail trade; professional, scientific and technical services; and construction (U.S. Census, 2007). According to the U.S. Census 2010, there are approximately 532,603 people employed in Mecklenburg County. Within the project corridor, there are approximately 115,984 people employed, including approximately 65,670 within Center City Charlotte. This represents approximately 22 percent of the employment base for the County. In 2008, healthcare and financial services continued to experience growth with Carolina's Healthcare System and Wells Fargo/Wachovia Corporation surpassing even Charlotte- Mecklenburg Schools as the County's top two employers. Within the County, the services and retail sectors provide the largest number of jobs. Table 5 provides additional detail regarding the existing population, housing and employment data for the areas contained by a%2-mile buffer of the proposed stations (with the exception of 9th Street Station, which uses a'/4 mile buffer due to the geographic proximity of adjacent CBD stations). Table 5 Population, Housing and Employment within'h-Mile of Stations, 2010 Station Area Po ulation Housin Units Em lo mi 9th Street Station 1,406 860 7,114 Parkwood Station 1,549 598 707 25th Street Station 830 437 554 36th Street Station 2,765 1,510 1,592 Su ar Creek Station 1,748 850 2,034 Old Concord Road Station 1,415 594 1,304 Tom Hunter Station 5,435 2,087 765 Universi Ci Blvd. Station 806 310 675 McCullou h Station 914 568 4,015 JW Cla Blvd. Station 2,587 1,345 3,896 UNC Charlotte Station 5,290 137 3,392 Totals: 24,745 9,296 26,048 Population, Housing and Employment for the 9th Street Station Were Calculated Using a Y4 Mile Buffer Source: Charlotte-Mecklenburg Planning Department Land Use Projections (LUSAM Model), 2010. It is anticipated that the proposed project would result in an increase in population, housing and employment along the proposed project corridor. Table 6 shows the estimated population, number of housing units and total employment in 2035 within %2-mile of the proposed station areas (with the exception of 9th Street Station, which uses a'/4 mile buffer due to the December 2011 Page 11 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension geographic proximity of adjacent CBD stations). Most station areas show an increase of greater than 75 percent in all three categories. Table 6 Proiected Population, Housing and Emplovi Station Area 9th Street Station' Parkwood Station 25th Street Station 36th Street Station Sugar Creek Station Old Concord Road Station Tom Hunter Station University City Blvd. Station McCullough Station JW Clay Blvd. Station UNC Charlotte Station Population 4,353 3, 587 2,765 5,798 2,460 2, 349 6, 398 3, 895 3, 034 5, 444 8.879 Percent Change from 2010 210% 132% 233% 110% 41% 66% 18% 383% 232% 110% 68% nent within'h-Mile of Stations, 2035 Housing Percent Units Change Employment from 2010 2,634 1, 765 1, 544 3,238 1, 358 1, 207 2,652 2,139 1, 787 2, 930 137 206% 195% 253% 114% 60% 103% 27% 590% 215% 118% 0% ropuiauon, housing ana tmpioyment ror tne y street stauon were caicuiatea using a i4 ivuie tsi Source: Charlotte-Mecklenburg Planning Department Land Use Projections (LUSAM Model), 2010. 3.3 Existing Land Use Patterns 15,215 1, 324 1,014 2, 220 2,280 1, 722 1, 036 2,215 5, 938 6,197 5,629 Percent Change from 2010 114% 87% 83% 39% 12% 32% 35% 228% 48% 59% 66% The FLUSA contains several economic activity centers, and for the purposes of this discussion is divided into three geographic areas: Center City Charlotte (generally 9th Street Station to I- 277), North Charlotte (generally Parkwood Station to Tom Hunter Station), and the University City area (generally Tom Hunter Station to UNC Charlotte Station). A description of each of these activity centers is as follows. Additional detail related to land use can be found in the August 2011 Final EIS Chapter 4.0: Land Use, Public Policy and Zoning. Center City Charlotte The most southern portion of the project area includes Center City Charlotte and the Central Business District, the major activity and employment center for the region. Center City Charlotte contains much of the area's office space as well as the government offices for the City of Charlotte and Mecklenburg County. Center City Charlotte has seen change over the past decade fueled largely by redevelopment and infill development, as well as improvements to transit, including the opening of the LYNX Blue Line light rail service in 2007. Key activities in Center City Charlotte include: First Ward Urban Village; a new academic building for UNC Charlotte; and, the 10th Street Connector. North Charlotte Just north of Center City Charlotte, the development character shifts from urban development to industrial uses along the existing rail corridor. The area between Parkwood Avenue and 36th Street is dominated by industrial uses that developed because of exceptional access to freight rail and highways. The area is also developed with historic residences in the Optimist Park, Belmont, Villa Heights, and the North Charlotte Historic District neighborhoods that once served the mills and industrial areas along the rail corridor. These neighborhoods experienced disinvestment in the past, but have seen revitalization efforts in earnest in the past five years. In addition to by-right development, the Charlotte-Mecklenburg Planning Department (Planning) received numerous requests for rezonings from 2006 through 2009. Ten properties, totaling approximately 75 acres received rezoning approvals within the North Charlotte segment. Nine of December 2011 Page 12 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension the ten approvals changed zoning designations to Mixed-Use. A number of institutional and civic land uses are also within this area including: Cordelia Park, the Little Sugar Creek Greenway, the CATS Davidson Street Bus Facility and Bus Operations Division Administrative Offices, Johnston Branch YMCA and various churches, schools and day care facilities. Active industrial warehousing and trucking facilities are located north of 36th Street to Sugar Creek Station. Beyond the Sugar Creek Station, land uses transition to residential and commercial uses before the alignment transitions to North Tryon Street/US-29. University City Some of the largest tracts of undeveloped properties and new communities are located in the University City area, which transitions from the older development along North Tryon Street/US- 29 to the more recently developed area. The land surrounding this area is primarily undeveloped (greenfields), with scattered office, industrial and commercial uses found along North Tryon Street/US-29 as the corridor progresses northward. The extension of University City Blvd./US-49 is currently under construction. On the western side of North Tryon Street/US 29 is the Belgate development. This new mixed-use development currently houses two major retail sites, an IKEA and a Wal-Mart. Portions of single-family residential uses are located in the eastern part of the corridor. The University City core area has the second largest concentration of retail and office space outside of Center City Charlotte, as well as two of the biggest employment centers along the Northeast Corridor - the Carolinas Medical Center (CMC) - University and the UNC Charlotte campus. The University City core is located at the intersection of W.T. Harris Boulevard and North Tryon Street/US-29 and includes shopping and entertainment uses, hotel and some residential uses. The UNC Charlotte campus was developed on its current site in 1961 and has approximately 950 acres of land between North Tryon Street/US-29, W.T. Harris Boulevard and East Mallard Creek Church Road. The current UNC Charlotte Master Plan outlines additional expansion plans to double the existing academic space from 1.2 million square feet to 2.2 million square feet. UNC Charlotte anticipates a student population of 35,000 students by 2020. 3.4 Local Land Use and Transportation Plans Traditional development patterns have generally followed a sprawling land use pattern. Low- density residential uses have developed in isolation from employment centers and shopping. Office parks, shopping centers, apartments and single-family subdivisions gradually creep further and further from Center City Charlotte into the outer areas of the corridor. This pattern of land use has resulted in the loss of open space, increased traffic congestion and commute times, degradation of water and air quality and a general decline in quality of life. The Northeast Corridor (See Figure 3), which is very similar in size, shape and location to the FLUSA (see Figure 4), is classified as a growth corridor and the City and the County have determined that it is an appropriate location for intense development, as identified in multiple plans and policy guidelines. This corridor has grown over the past decade, and it is anticipated that growth and development would continue with or without the proposed project. Analysis performed as part of the Final EIS determined that the No-Build Alternative would consist of a future scenario with no changes to planned transportation services or facilities in the Northeast Corridor. As a result, direct project-generated changes to study area land uses would not occur under the No-Build Alternative. With the No-Build Alternative, enhanced access to December 2011 Page 13 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension transit associated with the implementation of the Preferred Alternative would not occur to support future land use, as called for in adopted plans and policies. Therefore, the No-Build Alternative would not be consistent with adopted land use controls, policies and guidelines. The LYNX BLE would alter existing land uses at proposed station locations and along the alignment where full and partial acquisitions would be undertaken to accommodate the proposed project. In addition, benefits related to the potential induced development would also result from the proposed project. This induced growth is consistent with adopted growth policies that seek to encourage this development within the designated growth corridor. Existing land use policies and development regulations support the development of the proposed project and have been adopted to accommodate its implementation. The potential benefits include enhanced development, access and the integration of transportation and land use, to create sustainable growth within the region. In addition, existing and future development would be served by the improved transportation access and travel options that the proposed project would provide. The City of Charlotte and Mecklenburg County are committed to development principles that enhance the community and provide for sustainable growth. As such, the City of Charlotte and Mecklenburg County have developed and adopted planning and policy documents to help guide and manage land use; realizing that integrating transportation and land use is the key to fostering sustainable growth. The following is a description of those planning policies, documents and principles. Centers, Corridors and Wedqes Growth Framework The primary plan to guide growth in the City of Charlotte and Mecklenburg County is a comprehensive strategy based on the radial development of "Centers" (the focal point of activity and mixed-use development) and "Corridors" (the five major transportation arterials that extend from Center City Charlotte). The Centers and Corridors Vision Plan (1994) was updated and is now called Centers, Corridors and Wedges Growth Framework (August 2010). The updated version of the document builds on the scope of the original document, addressing the changing real estate market, demographics, infrastructure needs and environmental concerns. The updated document includes details on the development of areas surrounding proposed transit stations. It also includes recommendations for areas that exist between the corridors known as "Wedges." The Centers, Corridors and Wedges Growth Framework strategy is designed to increase development density in five proposed transit corridors, as well as a number of key nodes or activity centers, as a means of managing growth and reducing sprawl in the City of Charlotte, Mecklenburg County and the greater region. A key element of this plan is the development of a regional transit system that would improve mobility, encourage balanced growth and support the proposed land use initiatives in each of the five growth corridors. The Northeast Corridor is identified as one of the five high-density corridors that is an appropriate location for new growth. The Centers, Corridors and Wedges Growth Framework strategy is key to environmental protection in the region. This strategy is especially important because it facilitates more compact development and encourages more efficient use of land while increasing the potential for conservation of open space and naturally sensitive areas. 2030 Transit Corridor Svstem Plan The Metropolitan Transit Commission adopted the 2030 Transit Corridor System Plan in 2006. This long-range transit plan proposes improvements in five corridors, including the Northeast December 2011 Page 14 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension Corridor. The completed transit plan would consist of 25 miles of commuter rail, 21 miles of light rail and 16 miles of streetcar facilities. Figure 6 shows the layout of the proposed transit corridors included in the 2030 Transit Corridor System Plan. 2015 Plan: Planninq for Our Future The centers and corridors concept was reinforced in the 2015 Plan: Planning for Our Future adopted by City and County elected officials in November 1997. This policy document outlines the desired urban future for the City of Charlotte and Mecklenburg County, focusing on mixed- use and pedestrian-oriented development at urban densities. The document highlights the importance of strong community design in the transformation of the City of Charlotte and Mecklenburg County into a more urban community. This document provided planning strategies and set the stage for the development of the 2025 Integrated Transit/Land Use Plan. 2025 Inteqrated Transit/Land Use Plan The 2025 Integrated Transit/Land Use Plan, adopted in October 1998, provides extensive technical analysis of the transit and land use concepts provided by the Centers and Corridors vision and 2015 Plan. This plan identifies the Northeast Corridor as a high priority for transit based on mobility needs. The 2025 Integrated Transit/Land Use Plan also details a land use vision that focuses higher density development in station areas and activity centers where it can be best served by rapid transit. The 2025 Plan includes general station area land use recommendations and proposes modifications to policies and regulatory tools that can be utilized to implement the region's transit and land use vision. The citizens of Mecklenburg County approved a one half-cent sales tax in 1998 to support the vision and goals of this plan. A key recommendation of the 2025 Integrated Transit/Land Use Plan is to update the General Development Policies to accommodate land uses and encourage design that supports transit. General Development Policies The General Development Policies were originally adopted in 1990 and provide the planning principles for the Charlotte-Mecklenburg Planning Department. They are the basis for development of area-specific plans and are regularly updated. The General Development Policies revise previous policies that allow the dispersal of multi-family development, and redirects much of this denser development to major activity centers and transit corridors, as outlined in the Centers, Corridors and Wedges Growth Framework (August 2010). The General Development Policies also outline a set of Transit Station Area Principles, to encourage transit- supportive development along five transit corridors and focuses on creating compact neighborhoods with housing, jobs, shopping, community services and recreational opportunities all within %2-mile walking distance of transit stations. The intent is to create well-designed, livable communities where people have transportation choices to travel from home to work, as well as to meet other daily travel needs. The Transit Station Area Principles provide direction for developing and redeveloping property around transit stations in a way that makes it convenient for many people to use transit. Such policies focus on land uses, mobility and community design. The Transit Station Area Principles require the development of land use and urban design plans for the transit stations along each of the five transit corridors and serve as a guide for development of the Station Area Plans. The following principles apply to the areas within %2-mile walking distance of an identified rapid transit station: • Land Use and Development - Land uses should include a concentrated mixture of complementary, well-integrated land uses within walking distance of the transit station. This mix of uses should offer a range of living, shopping, working, and recreational options within December 2011 Page 15 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension a compact, walkable area with ground floor uses that attract and generate pedestrian activity. Increased land use intensity should be allowed that is appropriate to transit- supportive communities. The highest densities of new development should be concentrated closest to transit stations with a transition to lower densities adjacent to existing single-family neighborhoods. Mobility - The existing transportation network should be enhanced to promote good walking, bicycle and transit connections. Transit-supportive environments require streets that are designed to encourage use by all travel modes. Fast-moving cars are a safety risk to pedestrians and bicyclists; therefore, transit environments should have a system of connected streets that can deal with traffic in a more efficient manner than a system that relies on arterial roadways. Design speeds, facilities and levels of congestion should respond to the increased level of pedestrian and bicycling activity within transit-supportive areas. The traditional network of streets improves the mobility of all modes of travel by providing multiple travel routes for pedestrians, cyclists and motorists. Parking is also a critical element of transit-supportive areas. The proper location and size of parking facilities are essential in creating a transit-supportive setting. The size and location of parking facilities are sensitive to the quality of the pedestrian environment. Community and Urban Desiqn — The Transit Station Area Principles call for urban design to be used to enhance the community identity of station areas and make them attractive, safe and convenient places. Streetscapes are a key element of urban design since streets are the most commonly used public spaces in a city. Streets should be auto-accommodating but not auto-dominated, and the design of the sidewalk is as important as the design of the street, potentially enhancing the local business climate and visual conditions. Public spaces (parks, plazas and open space) serve as focal points for development and design elements such as lights, trees, benches and landscaping should be included to make the pedestrian feel safe and enjoy the space. In transit-supportive environments it is also important to reinforce the important civic role of the transit station. This objective can be achieved with the inclusion of parks and open space near transit stations as well as throughout transit- supportive areas. In transit-supportive environments, primary access points to buildings should be oriented to pedestrians. At the street level, the design of buildings should incorporate elements that reflect a human scale. Transportation Action Plan and Urban Street Desiqn Guidelines The Transportation Action Plan (TAP) was adopted in 2006 and focuses on the long range development of streets and other facilities to ensure that the transportation goals identified in the Centers, Corridors and Wedges Growth Framework (August 2010) are being met. The City of Charlotte Urban Street Design Guidelines (USDG) were adopted in 2007 to supplement the TAP by providing a comprehensive approach to the planning and design of streets in Charlotte. The USDG offer guidance on streetscape recommendations for planning and design. The USDG also aid in integrating land use and transportation through context-based design. The TAP and USDG plans both adhere to the policies and recommendations of the Centers and Corridors growth strategy. In addition, the TAP is scheduled for an update in 2011 as part of the routine updates that occur every five years. Transit Station Area Joint Development Principles and Policy Guidelines In 2002, the City of Charlotte, Mecklenburg County, the Metropolitan Transit Commission (MTC), and the towns of Cornelius, Davidson, Huntersville and Matthews adopted the Transit Station Area Joint Development Principles and Policy Guidelines. Adoption of the principles provides a framework and subsequent tool for local governments and CATS to encourage and December 2011 Page 16 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension promote transit-supportive development around transit stations. The principles and policy guidelines include: • Encouraging complementary public facilities around stations; • Providing basic public infrastructure available through jurisdiction resources in station areas; • Supporting the development of a variety of housing types near stations; • Developing public/private partnerships aimed at promoting transit-supportive development; • Providing incentives, establishing partnerships with the private sector, promoting demonstration projects and removing barriers to encourage transit-supportive development; and, • Encouraging the location and retention of a healthy mix of private transit-supportive businesses near transit stations. Center Citv 2010 Vision Plan The Center City 2010 Vision Plan was adopted by Charlotte City Council and the Mecklenburg County Board of Commissioners in 2000. This plan was developed by citizens to help guide growth within Center City Charlotte. The plan was adopted as a development policy to extend the efforts of the 2025 Integrated Transit/Land Use Plan. The plan encourages a mixture of uses and high-density development in the Center City Charlotte area. This plan also recommends light rail to improve transit operations within Center City Charlotte and provide an alternative to automobile travel. The successor to the Center City 2010 Vision Plan is currently being developed. Public involvement for the Center City 2020 Vision Plan began in 2009 and is on- going. As with the Center City 2010 Vision Plan, the Center City 2020 Vision Plan will continue to provide a development framework and planning recommendations for Center City Charlotte. Northeast Area Plan The Northeast District Plan, which provides a general land use framework for future growth and development within the entire northeast quadrant of Charlotte, was adopted in 1997. In 2000, the Northeast Area Plan was adopted by the Charlotte City Council and the Mecklenburg Board of County Commissioners, which amends the Northeast District Plan. The Northeast Area Plan provides a framework for future growth and development within a smaller area located generally between North Tryon Street/US-29 and the Mallard Creek Road/I-485 interchange. The Northeast Area Plan calls for integrated lands uses that can be served by a variety of transportation choices, including transit. The plan details how transformation of the northeast area can be designed to accommodate development that supports proposed transit improvements, and serves as a guide for elected officials in making land use and zoning decisions. Universitv Citv Area Plan The Charlotte City Council adopted the University City Area Plan in 2007. This plan was prepared by University City Partners (UCP), who coordinates planning, marketing and other activities within the University City Municipal Service District (MSD). The University City Area Plan was developed and adopted to amend the Northeast District Plan and provides a framework for future growth and development within the University City MSD, generally bound by North Tryon Street/US-29, Interstate 85 (I-85), University City Blvd./NC-49 and Mallard Creek Church Road. The University City Area Plan particularly pertains to the planned development of light rail in the northeast Charlotte area. The central goal of the plan is to promote the corridor and encourage development that will support and benefit from the development of light rail in the Northeast District, of which the University City area serves as the core. The plan proposes transit-oriented future land uses around potential transit stations along North Tryon Street/US- December 2011 Page 17 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension 29 and details development scenarios and design guidelines for the area. The University City Area Plan is scheduled for an update in 2013. Zoninq Requlations The Northeast Corridor and FLUSA include properties that fall within a wide range of zoning districts, reflecting varying types and intensities of residential, commercial, and industrial uses. These vary from low-density districts of a more suburban character to high intensity, transit- supportive districts. Zoning changes may be necessary to permit the desired form of development consistent with transit and supportive activities. As an implementation strategy for the development of property surrounding the proposed stations (within a%2-mile radius), low-density districts may be correctively rezoned with the appropriate transit-supportive zoning districts as part of the Station Area Planning Process. The three transit-supportive zoning districts in the currently adopted City of Charlotte Zoning Ordinance are described below. • The Uptown Mixed Use District (UMUD) is the most intense of Charlotte's zoning districts and is applied to the Center City Charlotte area. The main purpose of this district is "to strengthen the high-density core of the central city" by establishing minimum standards for design and development. This district has no maximum Floor Area Ratio (FAR) or height restrictions and allows a range of transit-supportive uses. • The Mixed Use Development District (MUDD) is another transit-supportive district that is similar to UMUD. The MUDD district has no FAR limitation and permits a range of transit- oriented uses. Building heights are generally limited to 120 feet, but can be exceeded under certain conditions. • The Transit Oriented Development District (TOD) is another transit-supportive zoning district that is potentially applicable to the areas surrounding the proposed stations. In October 2003, the Charlotte City Council approved a new set of TOD Zoning Districts applicable to areas within approved transit station area plans. The purpose of the TOD Zoning Districts is to encourage the transition of future station areas to more compact urban growth centers, with opportunities for increased choice of transportation modes and a safe and pleasant pedestrian environment. This ordinance requires streetscape improvements, a functional mix of complementary uses and the provision of facilities that support transit use, bicycling, and walking. The three main TOD districts and their general requirements are listed below. • The Residentially Oriented (TOD-R) zoning district requires proposed development to have at least 80 percent residential use, a minimum density of 20 units per acre for parcels within '/4-mile from a transit station, or a minimum density of 15 units per acre for parcels located between '/4-mile and %2-mile from a transit station. • The Employment Oriented (TOD-E) zoning district requires at least 60 percent office uses, a minimum density of 0.75 FAR within '/4-mile from a transit station or a minimum density of 0.50 FAR between'/4-mile and %2-mile from a transit station. • The Mixed-Use Oriented (TOD-M) zoning district requires a blend of high-density residential, high-intensity employment/office, civic, entertainment, and institutional uses along with retail uses. This zoning district requires a minimum density of 0.75 FAR within '/4-mile of a transit station, or a minimum density of 0.50 FAR in areas between '/4-mile and %2-mile of a transit station. TOD-M also requires a minimum density of 20 units per acre for parcels within '/4- December 2011 Page 18 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension mile of a transit station, or a minimum density of 15 units per acre for parcels located between '/4-mile and %2-mile of a transit station. The City has also implemented a number of overlay districts, including the Pedestrian Overlay District (PED) and the Transit Supportive Overlay (TS), to help encourage transit-supportive development. These overlay districts are designed to allow a mixture of transit-supportive uses that are developed in a pedestrian-friendly manner. Station Area Planninq CATS and the Charlotte-Mecklenburg Planning Department have developed Station Area Concepts for the Northeast Corridor to identify transit-supportive development opportunities and outline the unique characteristics critical to integrating each station with its surrounding area. Building on the Station Area Concepts developed for the proposed project, as well as other plans (such as the University City Area Plan), CATS and Planning are preparing detailed Station Area Plans to guide the specific land use changes and infrastructure projects necessary to implement transit-supportive development around each station in the Northeast Corridor and the FLUSA. These Station Area Plans will be prepared with area stakeholders and citizens; and the plans will continue to evolve as the proposed LYNX BLE moves through the planning process and into the implementation phase. It anticipated that these Station Area Plans will be completed within the next two years. The Transit Station Area Principles would be applied to each station and current zoning surrounding these stations would be replaced with transit-supportive zoning. Once developed and adopted, the Station Area Plans would serve as a blueprint to guide growth and development surrounding the stations. Public input is encouraged throughout the process of Station Area Plan adoption. Implementation would follow the formal adoption of Station Area Plans. Implementation includes zoning changes within the station areas and capital improvements surrounding the stations. Thus far, the University City Area Plan has been adopted (October 2007) and contains Station Area Plans for the stations in the University City area. The University City Area Plan will be updated in 2012. Station Area Plans have also been developed for the Sugar Creek Station and Old Concord Road Station and were presented to the public in July 2007 and January 2008. Station Area Plans are being refined for these stations and have not yet been adopted. Station Area Plans for the stations are in development and it is anticipated that planning for the 25th, 36th and Sugar Creek Stations would begin in June 2011. Planning for the University City Blvd. Station would begin in June of 2012; after the University City Plan update. Planning for the Old Concord Road and Tom Hunter Stations would begin in June 2013. Parks and Recreation Master Plan The Mecklenburg County Park and Recreation 10 Year Master Plan: 2008-2018 provides a framework for the development of park and recreation facilities as well as for conservation goals. The plan includes a Greenways Master Plan and Natural Preserves Master Plan. The Master Plan used a process called "Greenprinting," which identifies properties as important pieces of our natural environment that could be brought under stewardship for preservation and conservation purposes. The plans cite protection of forested habitat, riparian habitat, endangered species protection and maintenance of critical watersheds as the primary purpose for the program. The Master Plan considers potential properties as targets for "stewardship." Stewardship can be by the County, Mecklenburg's cities and towns, conservation groups such as Trust for Public Land or the Catawba Lands Conservancy or by conservation easements on private property. December 2011 Page 19 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment 3.5 Local Transportation Projects LYNX Blue Line Extension There are numerous planned and publicly-funded capital improvements related to the proposed LYNX BLE. These projects would occur with or without the proposed LYNX BLE. Transit Proiects Transit improvements have been identified and are included in the 2030 Transit Corridor System Plan. The proposed LYNX BLE is included in the plan. Planned improvements range from improving the existing bus service, constructing transit corridors and facility improvements. Two other transit corridors, Southeast and West are in the planning process, while the Streetcar and North Corridor are in the design phase. Specific improvements outlined in the North Carolina Department of Transportation (NCDOT) 2009-2015 Transportation Improvement Program (TIP) include: • Bus Facility Improvements (TIP project TM-4701): planning, design and construction of various bus facility improvements, including shelters, signs and associated amenities. • Transit Right-of-Way Protection — TIP project TE-4704: purchase or lease existing rail right- of-way outside of the transit corridors as funding opportunities become available through abandonment or joint use agreements. • North Corridor Transitway (TIP project TE-4902): design, land acquisition and construction. • Intelligent Transit Systems (TIP project TT-4906): installation of various Intelligent Transit System components such as, automated interactive voice response systems, customer information technology at transit hubs, trip planning software and other software licenses to improve the operating efficiency of the system. • Charlotte Gateway Station (TIP project TD-4911): final design and construction of a new multi-modal transit center in Center City Charlotte near Trade Street and Graham Street. • Park-and-Ride lots (TIP project TD-4704): planning, design and construction of park-and- ride lots throughout the transit service area. • Replacement and expansion of Vanpool Vans, Buses and Paratransit Buses (TI P projects TA-4960, TA-4716, TA-4710 and TA-4711): replacement and expansion of these vehicles types. Specific improvements outlined in the latest Draft NCDOT 2012-2018 TIP include: • Replacement and expansion of Vanpool Vans, Buses and Paratransit Buses: (TIP projects TA-4710, TA-4711, TA-4716, TA 4785, TA-4960, TA-5121, TA 5125 and TA 6515) replacement and expansion of these vehicles types. • Bus Facility Improvements: (TIP projects TD-4701, TD-4702, TD-4703 and TD-4704) facility maintenance and construction, transit center upgrades, as well as the planning, design and construction of various park-and-rides throughout the transit service area. • Fixed Guideway: (TIP project TE-4901) Blue Line Extension planning, design, acquisition and construction; (TIP project TE-5103) Charlotte Streetcar planning, design, acquisition and construction. • Routine Capital: (TIP projects TG-4703, TG-4726, TG-4827, and TG-5118) maintenance of N. Davidson bus garage; bus stop shelters, benches, shop equipment, spare parts, engines, and fareboxes; service vehicles; and rail). • Preventative Maintenance: (TIP project TG-5119) rail, bus and facilities. • Operating Assistance: (TIP projects TO-4701, TO-4796, TO-5137 anc routes throughout the transit service area. • Mobility: (TIP projects TQ-6505 and TQ-6509) operating assistance persons, mobility assistance for elderly/disabled persons. TQ-6505) various for elderly/disabled December 2011 Page 20 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension Safety & Security: (TIP projects TS-5107 and TS-5132) minimum one percent reserve, and passenger assistance telephones on LYNX Line. Intelligent Transit Systems: (TIP projects TT-4906 and TT-5215) installation of various Intelligent Transit System components such as, vehicle tracking, passenger information, data communications, traffic signal priority, automated interactive voice response systems, Digital Media and Content Management System, Real Time Passenger Information System, to improve the operating efficiency of the system. Fixed Guideway Modernization (TIP projects TW-4901, TW-5102 and TW-5104) rail bridge inspection and emergency repairs; bus and rail state of good repair. Roadway Proiects and Other Capital Improvements Future roadway improvements are identified in MUMPO's financially constrained 2035 LRTP. Projects that are listed as programmed are scheduled to be undertaken within the next five to seven years, and are included in the NCDOT's TIP or the City of Charlotte's CIP. Planned roadway improvements are those that have been identified in the financially constrained Long Range Transportation Plan, but have not yet been programmed and funded in the current TIP or CIP. Numerous transportation improvements, including North Tryon Street/US-29 were identified as needed transportation improvements, but were not funded in the 2035 LRTP. The adopted transportation plans at the time of analysis were used as the basis for the Final EIS: the 2035 LRTP, the NCDOT 2009-2015 TIP, and the City of Charlotte's FY 2010 — 2014 Capital Investment Plan (CIP). Programmed projects within the Northeast Corridor are presented in the following tables. The LRTP planned improvements within the Northeast Corridor and the horizon year for which the proposed projects are anticipated to be in place are summarized in tables below: Table 7 2009-2015 NCDOT TIP Programmed Transportation Projects within the Northeast Corridor Facilit Pro'ect Descri tion TIP # Pro'ect Cost North Tryon Street/US-29 Replace Southbound Bridge #147 over g_4779 $3,300,000 Mallard Creek Amtrak Train operations between Charlotte & Rocky P-2908 $16,619,000 Mount Amtrak Train o erations between Charlotte & Ralei h P-2918 $23,928,000 Sugar Creek Road Grade separate Sugar Creek Road from the U-5008 $2,580,000 existin frei ht tracks no construction $ Mallard Creek Road (Sugar Widen and Relocate to four-lanes with Creek Road to W.T. Harris median and bike lanes U-2507A $18,300,000 Boulevard I-485 New Freewa 8 lanes , from NC 115 to I-85 R-2248E $167,500,000 I-85 / I-485 Construct new interchan e R-2123CE 80,000,000 I-85 Im rovements from I-485 to H . 73 I-3803B $221,581,000 Source: North Carolina Department of Transportation Table 8 2012-2018 NCDOT Draft TIP Programmed Transportation Projects within the Northeast Corridor Facilitv Project Description TIP # Total Proiect Cost I-85 I-85 I-85 I-85 I-485 North Tryon Street/US-29/University City Blvd./NC-49 Connector in Mecklenburg County to NC 73 in Cabarrus County. Add lanes. Mile Marker 42-49 Pavement Rehabilitation. Mile Marker 36-42 Pavement Rehabilitation. Mile Marker 36-42 On-ramp Pavement Rehabilitation. Mile Marker 31-33 Pavement Rehabilitation. December 2011 Page 21 I-3803 $292,991,000 I-5394 $7,300,000 I-5369 $8,900,000 I-5347 $100,000 I-5344 $2,900,000 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment Table 8 (continued) LYNX Blue Line Extension 2012-2018 NCDOT Draft TIP Programmed Transportation Projects within the Northeast Corridor Facilit Pro'ect Descri tion TIP # Total Pro'ect Cost Relocated Mallard Creek Road to North Tryon City Boulevard Extension Street/US-29/ University City Blvd./NC-49. (4 R-2420 $24,771,000 lanes divided, art on new location I-485 New Freewa 8 lanes , from NC 115 to I-85 R-2248 $751,926,000 I-85 / I-485 Freeway on New Location. Construct new R-2123 $333,929,000 interchan e. Depress/elevate Sugar Creek Road Sugar Creek Road under/over the existing freight tracks. U-5008 $4,000,000 Construct Grade Separation of NCRR Crossin . Metrolina Transportation Extend MTMCI: Install communication cable Management Center and roadside equipment I-85 from I-485 to U-4754 $1,295,000 Interconnect (MTMCI) Mallard Creek Church Road, University City Blvd./NC-49 at I-485 Belmont Nei hborhood Infrastructure and Streetsca e Im rovements U-4911 $1,229,000 Upgrade/Expand Traffic University Area — North Tryon Street/US-29, Signal Management W.T. Harris Blvd., and University City U-5133 $3,914,000 System in Mecklenburg glvd./NC-49 Coun Mallard Creek Road (Sugar Creek Road to W.T. Harris Blvd.) U-2507 $46,907,000 Widen to multilane art on new location. North Tryon Street/US-29 Replace Southbound Bridge #147 over Mallard g_4779 $3,476,000 Creek University City Blvd./NC-49 at W.T. Harris Toby Creek Greenway Blvd. to Mallard Creek through the UNC EB-5120 $1,240,000 Charlotte Cam us. Construct Greenwa Toby Creek Greenway University City Blvd./NC-49 to W. Rocky River EB-5524 $1,500,000 Road University City Blvd./NC-49 Construct 10' Multiuse Path on the North Side Multi-use Path of University City Blvd./NC-49 between Mallard C-5227 $500,000 Creek Church Road and Broadrick Blvd. Toby Creek Greenway Connect UNC Charlotte to Retail and C-5225 $1,810,000 Phase II Residential Develo ment Old Concord Road Bic cle Im rovements C-4958 $500,000 Crossing Consolidation Crossing Consolidation Projects as Identified P-3814 $597,000 Pro�ects SEHSR in South End SEHSR Traffic Se aration Stud Private Crossing Safety Private Crossing Safety Initiative Initiative Raleigh-Charlotte Close/Enhance Protection at Railroad P-4405 $24,440,000 Crossin s between Ralei h and Charlotte Amtrak Train 79/80 operations between Charlotte & P-2908 $47,795,000 Rock Mount Charlotte/Mecklenbur Track and Station Ri ht of Wa Ac uisition P-3800 $241,000 Charlotte Mainline Grade Charlotte Mainline Grade Separation CSX-NS- P-5002 $129,208,000 Se aration CATS and Move Tr on Yard to Pinoca Yard Train 73/74 Operations Between Charlotte & Amtrak Raleigh; Equipment and Capital Yard P-2918 $214,284,000 Maintenance Facilit Source: North Carolina Department of Transportation, MUMPO December 2011 Page 22 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment Table 9 LYNX Blue Line Extension City of Charlotte FY 2010-2014 CIP Programmed Improvements within the Northeast Corridor City of project Anticipated Facility Charlotte Status Construction Project Cost Department Year Davidson Street at Crai head Road Trans ortation On-Hold n/a $300,000 Belmont-Gatewa Nei hborhoods Construction 2011 $600,000 Newell-South Neighborhood Improvement Neighborhoods Real Estate 2012 $3,400,000 Pro�ect NIP Su aw Creek/Ritch NIP Nei hborhoods Real Estate 2012 $3,000,000 John Kirk Drive/University Boulevard Planning Complete n/a $2,100,000 Intersection Im rovements Countr side Sidewalk Trans ortation Com lete n/a $350,000 Hidden Valle NIP, Phase 6 Nei hborhoods Construction 2011 $950,000 T on Hills NIP Nei hborhoods Real Estate 2012 $4,000,000 Howie Acres Phase 2 Nei hborhoods Desi n 2012 $1,500,000 North Tryon Street/US-29 & University City Transportation Construction 2010 $25,500,000 Blvd./NC-49 Interchan e the weave Cit Blvd. Extension Trans ortation Desi n 2012 $10,800,000 Crai head Road Draina e Im rovements Storm Water Construction 2011 $5,300,000 Louise Avenue CIP Storm Water Bid 2011 $11,300,000 Sho in Center Drive Extension Trans ortation Plannin TBD TBD Universi Ci Blvd./NC-49 Sidewalk Trans ortation Bid 2011 $1,200,000 University City Blvd./NC-49 / WT Harris Transportation Complete 2010 $300,000 Boulevard intersection im rovements Atando Avenue Sidewalk Trans ortation On Hold 2012 $600,000 Back Creek Church Road FTM Transportation Planning TBD n/a Im rovements Brevard-Caldwell Two-Wa Conversion Trans ortation On Hold TBD n/a Gallowa Road Sidewalk Trans ortation Com lete n/a $250,000 Graham Street Sidewalk at I-85 Trans ortation Bid 2012 $600,000 Grier Road Sidewalk Trans ortation Com lete n/a $900,000 Mallard Creek Road Sidewalk Trans ortation Real Estate 2011 $600,000 Mineral S rin s Road Sidewalk Trans ortation On Hold n/a n/a North T on Business Corridor Plannin Plannin n/a n/a Northeast Corridor Im rovements NECI Multi le Plannin n/a n/a Salome Church Road at Mallard Creek Transportation Real Estate 2011 $950,000 Road Intersection Sugar Creek Road / Rumple Road Left Transportation Complete 2011 $750,000 Turn Lane 5ource: Glty of Gharlotte FY 2010-2014 GIP Table 10 Planned Future Roadway Improvements within the Northeast Corridor, 2035 LRTP 2035 LRTP Facility Project Limits Type Horizon Year City Boulevard Neal Road to Mallard New four-lane road with 2015 Creek Road Extension median and bike lanes. Mallard Creek Road Sugar Creek Road to Widen to four lanes. Includes 2015 Harris Boulevard median and bike lanes. Eastern Circumferential University City Blvd./NC- New four-lane road with 2035 49 to Rock River Road median and bike lanes. I-485 NC-115 to I-85 North New ei ht-lane freewa . 2015 I-485/I-85 North Interchan e Construct New interchan e. 2015 Pavilion Boulevard Extension Salome Church Road to New two-lane road 2025 N. Tr on St. US-29 Source: 2035 LRTP, MUMPO; Charlotte Department of Transportation. December 2011 Page 23 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension Other Transportation Proiects • Charlotte Rail Improvement and Safetv Proiect (CRISP): Several rail companies and government agencies are working to improve the overall railway system in the Charlotte region. These entities include: NCDOT, CATS, the City of Charlotte, CSX Transportation (CSX), NS, and the NCRR. The goal of the CRISP is to create or maintain accommodations for potential higher rail speeds along the entire rail corridor (see Figure 7). The proposed Light Rail Alternative preserves the future CRISP project through a shift of the existing freight tracks to the west at 36th Street. This shift accommodates the proposed CRISP project and allows adequate separation between the freight and light rail tracks, while preserving the historic buildings along the east side of the corridor. • Northeast Corridor Infrastructure Proqram (NECI): The City of Charlotte has initiated this program of infrastructure improvements, which are intended to support and encourage future development in the Northeast Corridor. The program will include intersection enhancements, improved connectivity, streetscapes, sidewalks and bicycle routes. Implementation of these improvements will enhance access to neighborhoods and businesses and promote transit-oriented development in station areas. The program will be similar to the South Corridor Infrastructure Program (SCIP) implemented in parallel with the South Corridor Light Rail Project. • Hiqh Speed Rail: North Carolina and Virginia have formed a bi-state commission to review and encourage the development of a high speed (110 mph) passenger rail service from Washington, D.C. to Charlotte. Plans call for an increase in passenger rail service over a 20- year period between Charlotte, Raleigh, Richmond, and Washington D.C., which would result in significant reductions to travel time through track upgrades and expansions. The timing of the high speed rail is unknown at this time. 3.6 Environmental Regulations Growth is a necessary process that contributes to the economic vitality of communities. However, growth and resulting development can present challenges to protection of the environment that the community depends on. Federal, state and local governments have come to recognize the connection between livability, economic vitality and environmental protection. As a result, plans, ordinances and regulations have been implemented that help provide direction for growth without undermining the quality of our environment. The following is a summary of plans, ordinance and regulations that have been put in place to specifically address the effects that growth and development may have on water quality issues. Federal Any action that proposes to place fill into jurisdictional wetland and stream areas falls under the jurisdiction of the U.S. Army Corp of Engineers (USCOE) and the NCDWQ. This is pursuant to Section 404 and Section 401 of the Clean Water Act (CWA), 33 USC 1344. Section 404, Clean Water Act (CWA): Section 404 of the Clean Water Act regulates the discharge of dredged, excavated, or fill material in wetlands, streams, rivers, and other U.S. waters. The USCOE is the federal agency authorized to issue Section 404 Permits for certain activities conducted in wetlands or other U.S. waters. Depending on the scope of the project and method of construction, certain activities may require this permit. This permit will require the discussion of the measures employed throughout planning and design in order to avoid/minimize effects to "waters of the U.S." The Section 404 permit application will also include a compensatory mitigation proposal, which outlines the plan to provide compensation to offset permanent losses of waters of the December 2011 Page 24 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension U.S. In addition, when a Section 404 permit is required, a Section 401 water quality certification typically will also be obtained from the state environmental agency with jurisdiction over the project (NCDWQ). A total of 13 jurisdictional streams and nine jurisdictional wetlands were located within the Natural Resources Technical Report (NRTR; July 2010) project study area. The NRTR study area consisted of a corridor approximately 400 feet wide centered along the proposed alignment. Nine jurisdictional streams and six jurisdictional wetland areas located within the NRTR project corridor are proposed to be directly impacted by the project. Any effects to jurisdictional waters would require Section 404 permitting through the USCOE and will be addressed in the Section 404 Individual Permit application. Federal Emergency Management Agency (FEMA) No-Rise Certification: Any project in a floodway must be reviewed to determine if the project will increase flood heights. An engineering analysis will be conducted and a permit will be applied for if required. The community's permit file will record the results of this analysis, which can be in the form of a No-Rise Certification. The supporting technical data will be based on the standard step- backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM). Any proposed projects that would result in effects to a designated floodplain would be required to meet FEMA requirements. A No-Rise Certification will be obtained if it is determined that the proposed project would not cause an increase in flood elevations at these locations. Coordination and approval with the Local Floodplain Administrator would also be required as part of this process. State Yadkin - Pee Dee River Basin Plan: The NCDWQ prepared the Yadkin - Pee Dee River Basin Plan (2008) to balance water quality and urbanization. The Yadkin-Pee Dee Basin is the second largest in North Carolina and spans 21 counties. Increasing nutrient enrichment, urbanization, and wastewater are the primary effects to this basin. Most of these effects result from development activities within Forsyth, Rowan, Iredell, Cabarrus and Davidson counties. Stream and water quality degradation are directly related to development and population density intensification, which results in cumulative impervious surface increases. The goal of the plan is to identify water quality problems, develop management strategies that protect and restore water quality and allow for sustainable economic growth within the basin. The plan encourages support for implementation of best management practices, sediment and erosion control programs and local stormwater control ordinances. Catawba River Basin Plan: The NCDWQ also prepared the Catawba River Basin Plan (2010) to balance water quality and urbanization. A total of 13 streams are listed as "impaired" within the basin. The plan identifies opportunities to restore impaired waters in the basin, identify and protect high value resource waters and special biological communities and to protect unimpaired waters while allowing for reasonable economic growth. The plan also recommends buffer requirements be adopted by municipalities to reduce pollutants running off land and into surface waters. Section 401 Water Quality Certification: In addition to a Section 404 Permit, a Section 401 Water Quality Certification will also be required for projects which may result in a discharge of pollutants into waters of the U.S. Applicants for these projects must obtain a state water quality certification that the activity complies with all applicable water quality standards, limitations, and restrictions. North Carolina uses the authority granted to them under the CWA Section 401 certification to manage December 2011 Page 25 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension certain activities that impact state-regulated wetland and water resources. Section 401 gives states the authority to grant, deny, or condition certification of Federal permits or licenses (i.e., CWA Section 404 permits issued by the USCOE) that may result in a discharge to waters of the U.S. Such action is taken by the state to ensure compliance with various provisions of the CWA. The NCDWQ reviews and issues Water Quality Certifications that mirror the type of USCOE permit that is required. Effects to waters of the U.S. that require permitting under Section 401 are essentially the same as those of the Section 404 requirements, except that NCDWQ has jurisdiction over isolated waters and wetlands and the USCOE does not. In addition, an indirect and cumulative effects analysis of the proposed project on water quality may be required as part of the 401 certification process. Another key element in NCDWQ's approval of Section 401 Water Quality Certifications is a review of a Stormwater Management Plan (SMP). When percent impervious thresholds are exceeded, NCDWQ or the delegated authority will typically require a SMP that provides 85% removal of Total Suspended Solids (TSS). For the proposed LYNX BLE, a SMP will be prepared as part of final design. The City of Charlotte is a Certified Local Government by the North Carolina Department of Environment and Natural Resources (NCDENR), and the SMP will be submitted to the City for review and certification. The NCDWQ confirmed in an e-mail from Polly Lespinasse on October 31, 2011, that the SMP will be reviewed by the City of Charlotte since the City operates a delegated NPDES Phase II program (described further below). Wet detention ponds and/or bio-retention water quality treatment BMP's specifically for the proposed park-and-ride facilities were designed in accordance with City and State guidelines to provide 85% TSS removal from the stormwater run-off. Well Abandonment/Closure Process: Wells that are not properly abandoned or maintained could allow pollution to enter the well and contaminate the water supply. In North Carolina, contractors must build wells in accordance with the North Carolina Well Construction Requirements found in Title 15A, North Carolina Administrative Code (NCAC) 2C .0100, and be certified as a Well Contractor, by the State's Well Contractors Certification Commission under Title 15A, NCAC 27. Specific rules on proper well abandonment are found in N.C. Well Construction Regulations and Standards. All wells that are no longer in use and will be impacted by potential development must complete the abandonment/closure process to seal the out-of-service well, as required by NCDENR, prior to construction of the proposed project. The general process for well abandonment/closure includes disinfection and filling of the well by a certified well contractor. The well is then sealed and a record of abandonment is filed with the NCDENR. Storm Water National Pollutant Discharge Elimination System (NPDES) Permits: The NPDES permitting program was established as part of the Clean Water Act in 1972. The NCDWQ must issue permits to stormwater operators of point source discharges associated with construction activities when construction-related land disturbances (for both private and public sector projects) are expected to exceed one acre. The City of Charlotte obtained a federal NPDES Phase 1 permit (for cities with more than 100,000 residents) in 1993 and formed Charlotte Stormwater Services as part of that permit. With the institution of stormwater fees, the city was able to improve the drainage infrastructure and eliminate many sources of stormwater pollution. Mecklenburg County began a fee-based Stormwater Service program in 1994, providing services to Cornelius, Davidson, Huntersville, Matthews, Mint Hill and Davidson. The county received a NPDES Phase II permit in 2005 for these six towns to take further steps towards decreasing stormwater pollution. In addition, local stormwater departments (Charlotte- December 2011 Page 26 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension Mecklenburg Storm Water Services) must also be consulted to ensure continued involvement and compliance with NPDES. Erosion and Sedimentation Control: The North Carolina Division of Land Resources (NCDLR) requires that an erosion and sedimentation plan be approved for a proposed project before construction activities may commence. This plan will exhibit protection of disturbed areas from stormwater runoff; methods for stabilizing disturbed areas; methods for keeping runoff velocities low; and methods for retaining sediment on site. A permit application demonstrating these measures is submitted to the NCDLR at least 30 days before land disturbance. Construction activities will not commence until the erosion and sedimentation plan is approved. This permit will be issued by the NCDLR. Local Additional Floodplain Regulations: The Federal Emergency Management Administration (FEMA), in cooperation with federal, state, and local governments, has developed floodway boundaries and Flood Insurance Rate Maps (FIRM) for Mecklenburg County. A FEMA Floodway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Floodplains are land areas adjacent to rivers and streams that are subject to recurring inundation. Owing to their continually changing nature, Community Floodplains, Community Encroachment Areas and other flood-prone areas need to be examined in light of how they might affect or be affected by development. Community Floodplains were established by Mecklenburg County in 2000. Unlike FEMA floodplains which are established by FEMA officials and identify current floodway boundaries. Community Floodplains identify what areas will be prone to flooding in the future, once land upstream is paved and built upon. As such, they are known as the future floodplains or Community Floodplains. The Community Encroachment Area is a floodway with a surcharge of 0.1 foot. This creates a wider floodway than the FEMA Floodway. The floodplain regulations restrict development from occurring within these areas. Rivers and streams where FEMA has prepared detailed engineering studies may have designated floodways. For most waterways, the floodway is where the water is likely to be deepest and fastest and is the area of the floodplain that should be reserved (kept free of obstructions) to allow floodwaters to move downstream. Placing fill or buildings in a floodway may block the flow of water and increase flood elevations. For the LYNX BLE, Charlotte-Mecklenburg Storm Water Services (SWS) reviewed the 15% Preliminary Engineering Design Plans dated January 6 and January 20, 2009 and requested that the project engineers work with Charlotte and County Stormwater Services to make sure that the proposed work does not significantly impact FEMA Floodways, Community Floodplains and Community Encroachment Areas and that the appropriate approvals and permits are obtained. Charlotte-Mecklenburg Stormwater Services will also review the final design plans to ensure the LYNX BLE's compliance with floodway and floodplain regulations. Conditional Letter of Map Revision (CLOMR): All requests for CLOMRs within the City of Charlotte and Mecklenburg County, North Carolina go through SWS. A CLOMR is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source; thus resulting in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs) or the Special Flood Hazard Area (SFHA). The CLOMR letter does not revise an December 2011 Page 27 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension effective National Flood Insurance Program (NFIP) map. It indicates whether the project, if built as proposed, would be recognized by FEMA. Stormwater Management Plan: Stormwater runoff must be managed properly or the water runoff can cause detriment to area water resources. The City of Charlotte's and Mecklenburg County's Stormwater Management Plan requires that the government, businesses and private citizens work together to reduce flood risks and improve water quality. Significant construction projects require an approved Stormwater Management Plan before a permit is issued. The Stormwater Management Plan is regulated through Charlotte-Mecklenburg SWS and deals with the collection and treatment of impervious surface water collection. The general process for obtaining a Stormwater Management Permit is available from Charlotte-Mecklenburg Storm Water Services (http://www. charmeck. orq/stormwater/req u lations/Paqes/SWManaqementPerm itAppl ication Proc ess. as x . Post Construction Controls Ordinance (PCCO): NCDENR issued the 2005 NPDES Phase II permit to stormwater jurisdictions in Mecklenburg County, as part of the Clean Water Act. Mecklenburg County and the Towns of Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville (co-permittees) were required to include the implementation of six minimum measures to control pollutants in stormwater runoff to the maximum extent practicable. One of these six measures was the development and implementation of a PCCO within two years of the issuance of the permit. As a result, the county and these six towns adopted PCCOs by 2007. A PCCO ordinance is a comprehensive water protection measure that applies to development and redevelopment activities, and requires the use of structural stormwater controls, stream buffers and open space to reduce stormwater pollution and flooding. Compliance with the PCCO is a step in the Stormwater Management permitting process described previously in this section. Following construction, project inspections will be performed to ensure compliance with the conditions of the Stormwater Management Plan permit and other regulations. Surface Water Improvement Management (SWIM) Buffers: The objective of the SWIM program is to implement the basic steps necessary to stabilize water quality and prevent further degradation. The purpose of the stream buffer network is to ensure a proactive approach to ensure that the stream and adjacent lands will fulfill their natural functions. The City of Charlotte and Mecklenburg County adopted the SWIM ordinance in 1999. Cornelius, Davidson, Huntersville, Matthews, Mint Hill and Davidson adopted similar SWIM ordinances between 1999 and 2002. Stream functions are important for the conveying of storm and ground water, storing floodwater and supporting aquatic and other life. Vegetated lands adjacent to the stream channel in the drainage basin serve as a buffer to protect the stream systems ability to fulfill its natural functions. Primary natural functions of the buffer that improve water quality include allowing streams to meander and flow naturally, filtering pollutants, providing storage for floodwaters and providing natural habitat for wildlife. Mitigation is required for unavoidable or approved buffer effects within any of the buffer zones. This mitigation basis shall allow the property owner or other entity the opportunity to disturb a buffer, provided that steps are taken to offset the buffer loss. The SWIM program also provides incentives to offset restrictions that buffer requirements place on development. These incentives promote open space development that incorporates smaller lot sizes to minimize total impervious area within the development, reduce total construction costs, conserve natural areas, provide community recreational space and promote protection of streams. In addition, redevelopment or expansions December 2011 Page 28 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension to uses included in the above categories are not subject to the buffer requirements unless it would result in an increase in the total impervious area within the buffer. Development is required to comply with the specifications provided in the Charlotte-Mecklenburg Land Development Standards Manual for stabilization of disturbed areas to minimize negative water quality effects. The SWIM program is implemented as part of the building permit approval process. Several of the creeks and tributaries in the study area have defined SWIM buffers. Most of the buffers are 35 feet wide; however, there are several larger 100-foot SWIM buffers in the study area that are associated with the named creeks including Little Sugar Creek, Toby Creek and Mallard Creek. 4.0 NOTABLE FEATURES INVENTORY The FLUSA contains notable human and natural environment features that were inventoried and described in more detail in separate technical memoranda and in the Final EIS chapters. This information was used to assess potential cumulative effects to these resources based on location, proximity to the proposed project and relationship to the proposed project. Table 11 provides a brief summary of notable natural environment resources related to water quality issues. Table 11 Notable Natural Environment Resources Resource Type Present in FLUSA? Wild and Scenic Rivers No High Quality Waters No Water Supply I or II Watersheds No Outstanding Resource Waters No 303(d) Streams 1 impaired stream (Little Sugar Creek) due to fecal coliform bacteria Major Streams Little Sugar Creek, Toby Creek, Mallard Creek, Derita Branch Jurisdictional Wetlands 50 jurisdictional wetlands (20.88 acres) in FLUSA Floodplains and Floodways Yes-on Little Sugar Creek, Toby Creek and Mallard Creek Protected Species 4 Federally Endangered — in Mecklenburg County, but no reported occurrences in FLUSA Parks and Recreational Facilities 8 publicly-owned — in FLUSA Watersheds The proposed LYNX BLE would be located the Catawba and Yadkin-Pee Dee River Basins (see Figure 8 and Figures 8a-8c). The southern portion of the FLUSA is located within the Lower Catawba portion of the Catawba River Basin, which is referred to as the Santee River Basin by the U.S. Geological Survey (USGS). The northern portion of the FLUSA is located within the Rocky River portion of the Yadkin-Pee Dee River Basin, which is referred to as the Upper Pee Dee River Basin by the U.S. Geological Survey (USGS). Major streams (Upper Little Sugar Creek and Briar Creek) in the Lower Catawba watershed and FLUSA generally flow in a southerly direction, while streams (like Mallard Creek) in the Rocky River watershed and FLUSA generally flow in a northeasterly direction. Little Sugar Creek (Stream Index number 11-137-8) and Briar Creek (Stream Index number 11-137-8-2) are classified as Class C waters. There are no restrictions on watershed development or types of discharges for Class C waters. No high December 2011 Page 29 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension quality waters (HQV�, water supplies (WS-I or WS-II), or outstanding resource waters (ORV� occur within one-mile of the study area. Streams GIS mapping reveals that there are scattered streams throughout the FLUSA. Major streams such as Little Sugar Creek, Derita Branch and Briar Creek are located in the Lower Catawba watershed within the FLUSA. Toby Creek and Mallard Creek are located in the Rocky River watershed within the FLUSA. Surface water features, or drainages, within the LYNX BLE project corridor were evaluated to determine the types of streams (i.e., perennial streams, intermittent streams, or ephemeral channels), according to U.S. Army Corps of Engineers (USCOE) and NCDWQ guidelines. Each feature was evaluated as to whether it was defined as a"water of U.S." by the USCOE or whether it was included in the jurisdiction of the NCDWQ. A total of 14 jurisdictional streams were identified within the project corridor; see Figure 9 for the location of streams within the project corridor. 303(d) Impaired Waters Little Sugar Creek (Stream Index number 11-137-8a), from the source to Archdale Road (see Figure 8) is listed as biologically impaired on the 303(d) list. The listed impairment is for fecal coliform bacteria, primarily from urban run-off and sewer leaks. The Little Sugar Creek watershed is located entirely within the City of Charlotte and is approximately 20 miles long and is split into three segments. The full length of the creek drains dense residential urban areas as well as industrial parks upstream. The low biological rating is not uncommon in a highly urban and densely populated area and Little Sugar Creek has historically been considered one of the most impaired streams in the state. Agencies and local stakeholders have made improvements to help restore water quality within this stream. Steam restoration projects include sediment control, stabilization projects, non-point pollution elimination, open space preservation and development of a greenway. Since the late 1990s, bacteria levels within Little Sugar Creek have decreased almost 75 percent. Little Sugar Creek crosses the LYNX BLE project corridor near East 28th Street. Wetlands GIS mapping reveals that there are 50 scattered wetlands throughout the FLUSA totaling approximately 20.88 acres. The largest complex of wetlands is near the northern terminus of the project, within %2-mile of the proposed UNC Charlotte Station (Figure 8c). This complex of wetlands was included in the field surveys for the proposed LYNX BLE that were conducted from September 2008 through November 2009. Potential wetland communities were first identified by reviewing National Wetlands Inventory maps and hydric soil lists for the study area and then conducting field visits to verify the presence/absence of a wetland. Boundaries of the wetlands were determined through observations of vegetation and surficial hydrology, as well as soil samples. The results of the on-site field review conducted by environmental scientists indicate that there are six jurisdictional wetland areas located within the NRTR study area, as shown in Figure 9. These jurisdictional wetland boundaries were delineated, flagged in the field and the boundaries were approximated utilizing global positioning systems. All jurisdictional wetland area boundaries have been verified by the USCOE and a Notification of Determination was issued on October 21, 2009 and updated on December 2, 2009. December 2011 Page 30 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension Floodplains GIS mapping of water resources within the FLUSA includes the FEMA mapped floodplains associated with the major streams such as Little Sugar Creek, Toby Creek and Mallard Creek (Figure 10). According to the FIRM maps for Mecklenburg County, the LYNX BLE falls outside of the FEMA 100-year floodplain, with the exception of proposed crossings of Little Sugar Creek, Toby Creek and the encroachment into the floodplain at the proposed 36th Street Station. The Little Sugar Creek Community Floodplain is within the project corridor and extends for approximately 400 feet along the north side of North Brevard Street. The floodplain area along the south side of North Brevard Street extends for approximately 300 feet. An existing bridge on North Brevard Street crosses Little Sugar Creek adjacent to the study area. The Little Sugar Creek floodplain west of 36th Street extends along the project corridor for approximately 500 feet, to the proposed 36th Street Station. The portion of Toby Creek within the project corridor has a wide Community Floodplain that extends for nearly 1,000 feet along the alignment. The floodplain widths at Toby Creek extend from 600 to 800 feet perpendicular across the channel. See Figure 10 for floodplain locations within the project corridor. Protected Species There are four federally protected species with known occurrences in Mecklenburg County. As part of the technical studies conducted for the EIS, general surveys were conducted within the study area for the federally and state listed species with the exception of aquatic surveys. Charlotte-Mecklenburg Land Use and Environmental Services Agency (LUESA) regularly tests stream systems for fish, macroinvertebrates and benthos. The Carolina heelsplitter has not been located within Mecklenburg County within recent years and is believed to be extirpated from Mecklenburg County (North Carolina Natural Heritage Program website, 2009). Table 12 shows the Federally Endangered/Threatened Species in Mecklenburg County and summarizes the findings of the survey. Table 12 Federally Endangered/Threatened Species in Mecklenburg County Species Federal County Potential Biological Status Occurrence Habitat (y/n) Conclusion Common Name Scientific Name Smooth Coneflower Echinacea laevi ata E Current No Effect Bald Ea le Haliaeetus /eucoce halus BGEPA Current n No Effect Schweinitz's Sunflower Helianthus schweinitzii E Current No Effect Carolina Heels litter Lasmi ona decorata E Current No Effect Michaux's Sumac Rhus michauxii E Historic No Effect E=Endanqered — A taxon in danger of extinction through all or a significant portion of its range. T=Threatened — A taxon likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. BGEPA=BaId and Golden Eaqle Protection Act — In the July 9, 2007 Federal Register, the bald eagle was declared recovered, and removed (de-listed) from the Federal List of Threatened and Endangered wildlife, effective on August 8, 2007. The bald eagle continues to be afforded protection pursuant to the Bald and Golden Eagle Protection Act. Source: North Carolina Natural Heritage Program website, http://www.ncnhp.org/Pages/guide.htm. (Accessed November, 2011.) Parks and Recreation Facilities Information on park and recreation facilities was obtained through field surveys, the City of Charlotte geographic information system (GIS), Mecklenburg County GIS, the Mecklenburg County Park and Recreation (MCPR) web site and in coordination with MCPR. No federal wildlife or waterfowl refuges were identified within the Northeast Corridor identified in Figures 11a and 11b; and no facilities within the study area were developed with grants from the December 2011 Page 31 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension U.S. Land and Water Conservation Fund. Therefore, no park and recreation facilities regulated under Section 6(� of the U.S. Land and Water Conservation Fund exist. The publicly-owned park and recreation facilities within the study area are owned and operated by MCPR. Additional park and recreation resources in the proposed project corridor are located on the University of North Carolina at Charlotte (UNC Charlotte) campus, which is a state- owned university; however, park and recreation facilities located on the campus are not open to the general public, with the exception of the UNC Charlotte Fitness Trails that are currently maintained by MCPR. MCPR also has access easements on the campus for the use of trails that are part of the Mecklenburg County Greenway Plan. Existing facilities in the study area include three parks, two greenways, one greenway connector, one recreation center (private, non-profit) and one special facility. A planned greenway is also located within the study area. In addition, MCPR is currently in discussion with owners of two parcels. These parcels could be transferred to MCPR in the reasonable and foreseeable future for potential park uses. These facilities are part of MCPR's plan to provide recreational facilities as well as promote conservation with open space, natural preserves and greenways. Figures 11 a and 11 b detail the location of parks and recreation facilities. 5.0 IMPACT-CAUSING ACTIVITIES 5.1 Development Activity Development activity in the FLUSA is increasing as the Northeast Corridor provides a vital link between two major activity centers in the area; Center City Charlotte and University City. Center City Charlotte has seen development in the last decade consisting primarily of office and residential uses. University City has likewise seen a considerable amount of development activity in all sectors, including office, retail, commercial and residential (single-family and multi- family) uses. As such, the pace of new development, infill development and redevelopment initiatives has intensified along the Northeast Corridor between these two major activity centers. This development activity includes: Charlotte Research Institute (CRI): The CRI campus covers 102 acres of land on UNC Charlotte's grounds and currently contains eight buildings. Construction is underway for a ninth building for Bioinformatics and construction will soon begin on three additional buildings for engineering research and education. UNC Charlotte Master Plan: To accommodate increased student enrollment and the expanded educational mission of UNC Charlotte, a campus master plan has been developed that outlines expansion needed to accommodate future growth. Expanded academic, administrative and student support space will result in the addition of nearly two million square feet of facilities in the campus core. An additional 275,000 square feet of development is expected for student fitness, health education and recreational support. A conference center and hotel and a 40,000 square foot visitor's center are also included. Belqate: On the western side of North Tryon Street/US 29 is the Belgate development. This new mixed-use development currently houses two major retail sites, an IKEA and a Wal- Mart. Portions of single-family residential uses are located in the eastern part of the corridor. Rezoninq Requests: The Planning Department has received numerous requests for rezonings in the corridor since 2006. There were 64 approved rezoning cases in the project corridor since 2006. Eleven of those cases consisted of requests to rezone industrial properties to high density residential or mixed-use zoning classifications. Ten cases consisted of requests to increase residential zoning to a higher density or mixed use. The December 2011 Page 32 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension number of requests for rezonings in the corridor demonstrates that the corridor has and continues to attract development/redevelopment potential and interest. Furthermore, these incremental projects demonstrate the continuing transition of the corridor, with a major regional activity center and a vital regional connection to other activity centers and corridors. 5.2 Water and Sewer Availability The proposed project is located in an area that ranges from densely urban to vacant/undeveloped land. The majority of the FLUSA is served by water and sewer. As such, the outer portions of the FLUSA demonstrate the potential to develop and/or transition to higher intensity uses; however, this is likely to occur with or without the proposed project. Water and sewer facilities in the vicinity of the proposed project corridor are owned and operated by Charlotte-Mecklenburg Utilities. Water mains and sewer mains can be found within the proposed project corridor, primarily along North Tryon Street/US-29 and at roadway crossings with the existing rail corridor. Water and sewer services may expand in the vacant/undeveloped areas in the northeast portions of the FLUSA; however, most of the vacant/undeveloped land is more than %2-mile from the stations. 6.0 ANALYSIS OF INDIRECT EFFECTS Interviews with City of Charlotte staff, review of population and employment projections, and professional judgment provided a foundation for determining the potential for project-induced growth and changes in land use/development patterns in the FLUSA. NCDOT Guidance on Indirect and Cumulative Effects Assessment (November 2001) provided a method for assessment of potential effects that includes an evaluation of the factors in the sections that follow. The No-Build Alternative is not included in the assessment of indirect effects. If the project is not constructed, land use/development patterns are likely to continue as they are now. 6.1 Potential Indirect Effects The potential for growth and land use changes in the FLUSA as a result of the LYNX BLE is low-to-moderate. Most of the FLUSA contains neighborhoods in an urban or suburban setting. Overall, the proposed project is not likely to cause a substantial change in type or intensity of land use. The FLUSA will experience growth and development in the study time frame with or without the proposed project, as evidenced by population and employment projections. The proposed project is not likely to influence if growth will occur in the corridor, but rather where and how the growth would occur. Based on the interview with the City of Charlotte staff, the FLUSA would experience infill development, revitalization, and redevelopment. Growth associated with the proposed project would occur in a more compact development pattern due to the incentives to provide Transit Oriented Development (TOD) opportunities at station areas that have a higher potential for land use changes and redevelopment. Project-induced activity would occur around proposed stations consistent with land use plans and policies adopted to guide and manage the anticipated growth in the area. The proposed project also could affect the timing of planned/future developments as development in the station areas could occur in anticipation of the light rail. Project-induced development and/or redevelopment would be focused specifically around proposed station locations. These areas are either targeted for TOD, contain parcels slated for December 2011 Page 33 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension non-TOD at this time, or would be susceptible to changes due to the location of proposed stations. The area within %2-mile radius of the proposed stations is most likely to experience the greatest indirect effects. The FTA considers %2-mile to be a safe and convenient distance to walk to public transit. Because of the accessibility and walkability, transit stations often become focused development areas that are expected to experience effects as a result of a transit project. TOD focuses on creating compact neighborhoods with housing, jobs, shopping, community services, and recreational opportunities all within a%2-half mile walking distance of a transit station. Project- related indirect effects outside of this area are not as likely. Some stations are more susceptible to changes in the magnitude, duration, likelihood, and location of growth. The Secondary and Cumulative Effects Assessment Technical Memorandum includes a more detailed assessment of development potential at the station areas. Overall, 9th Street, McCullough, University City Blvd./NC-49, and the UNC Charlotte stations have the strongest development/redevelopment opportunities, with the 9th Street Station ranking highest in terms of development potential. The 36th Street and Parkwood Stations are also areas with moderate infill development/redevelopment opportunities. Sugar Creek, 25th Street, Old Concord Road, and Tom Hunter Stations have the most limited development opportunities, particularly without substantial public incentives. Potential positive and negative indirect effects from the project are listed in Table 13, as determined by the Secondary and Cumulative Effects Assessment Technical Memorandum. Table 13 Potential Indirect Pr� Potential Positive Indirect Effects • Improved mobility options through mode choices. • Improved regional transit accessibility and accessibility to adjacent land uses. • Reduced overall commuter times. • Reduced motor vehicle costs. • Reduced auto emissions and improved air quality. • Increased property values associated with new development/redevelopment. • Increased sales-tax revenue. • Increased usage of community amenities (i.e. parks, recreation centers, cultural and entertainment venues, etc.) • Discouragement of urban sprawl. • Encouragement of conservation of natural resources and environmentally sensitive land through compact development. • Efficient use of available land for new development. • Redevelopment potential of existing vacancies/underutilized properties. • Support for more sustainable development. • TOD encouragement of diverse and affordable housing opportunities. • Transition to balanced and more pedestrian-friendly corridor. t Effects Potential Negative Indirect Effects • Effects to streams/wetlands and water quality due to development/redevelopment activities. • Redevelopment within station areas could result in gentrification of neighborhoods and loss of affordable housing. • Destruction/redevelopment of historic properties or incompatibility with surrounding uses to historic districts/properties from development/redevelopment activities. • Increased traffic and demands on infrastructure from associated development around transit station areas. • Public opposition to increased density and new development patterns near neighborhoods. December 2011 Page 34 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment 6.2 Indirect Effects on Notable Features LYNX Blue Line Extension LYNX BLE Preferred Alternative Water Resources, Water Quality and Natural Resources Surface waters and wetlands in the area have been extensively altered by urban development within the last few decades. Effects to water resources in the FLUSA may result from other development activities. Based on this qualitative assessment, induced growth as a result of the LYNX BLE could have an indirect effect on water resources and water quality. It is anticipated that growth resulting from the proposed project would occur at a low-to-moderate rate. It is expected that growth and development would occur within the corridor at lower densities and in a less concentrated manner if the project is not constructed and local transit-related ordinances are not implemented. Because of this, the Preferred Alternative could have fewer effects to water resources and water quality than the No-Build Alternative. As noted, FTA considers %2-mile to be a safe and convenient distance to walk to public transit. The Charlotte-Mecklenburg Planning Department's General Development Policies encourage compact neighborhoods with housing, jobs, shopping, community services and recreational opportunities all within %2-mile walking distance of transit stations, and the City has a set of TOD Zoning Districts to encourage the transition of future station areas to more compact urban growth centers. For this reason, and because potential land use changes as a result of the project are most likely within %2-mile of the proposed stations, an evaluation of existing land use/development, water resources (based on GIS mapping) and potential for future development are identified for each proposed station. Reference Figures 8a, 8b, and 8c for a visual depiction of these %2-mile areas and the water resources located within them. 9th Street Station: The 9th Street Station is located in Center City Charlotte. Existing land uses are a fairly balanced mix of single-family residential, multi-family residential, institutional, office and industrial, with some commercial scattered throughout. Approximately 36% of the area within %2-mile of the proposed station is vacant, and the potential for development/redevelopment is strong. The 9th Street Station, and most of the area within %2-mile of it, is located within the Upper Little Sugar Creek Watershed, which is part of the Lower Catawba portion of the Catawba River Basin. There are a number of small streams in the vicinity, which appear to be unnamed tributaries to the Little Sugar Creek, a 303(d) impaired water located about %2-mile southeast of the proposed station. There are floodplains associated with the Little Sugar Creek; however, GIS mapping does not reveal any wetlands within %2-mile of the proposed station. Parkwood Station: The area near the proposed Parkwood Station has industrial uses that developed because of exceptional access to freight rail and highways. The area is also developed with older residences that once served the mills and industrial areas along the rail corridor. Approximately 42% of the area within %2-mile of the proposed station is vacant. There have been a number of rezoning approvals (to mixed-use) in recent years, indicating a moderate potential for infill development/redevelopment opportunities. December 2011 Page 35 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension All of the area within %2-mile of the proposed Parkwood Station is within the Upper Little Sugar Creek Watershed. There are small streams in the vicinity of the proposed station, and these streams appear to be unnamed tributaries to the Little Sugar Creek, located about '/4-mile southeast of the proposed station. There are floodplains associated with the Little Sugar Creek; however, GIS mapping does not reveal any wetlands within %2-mile of the proposed station. 25th Street Station: The area near the proposed 25th Street Station also has a predominance of industrial uses that developed because of access to freight rail and highways. Most of the industrial uses in this area are related to the Norfolk Southern intermodal facility. Single-family residences historically developed to serve the mills and industrial areas along the rail corridor. Approximately 36% of the area within %2-mile of the proposed station is vacant. However, plans for additional multi- family and commercial development indicate some interest by the private development community for new construction within this station area. However, redevelopment will be challenging without additional infrastructure improvements. All of the area within %2-mile of the proposed 25th Street Station is within the Upper Little Sugar Creek Watershed. Tributaries of the Little Sugar Creek are located on the northwest side of the rail corridor, and Little Sugar Creek is located just southeast of the proposed station. This 303(d) impaired water crosses the LYNX BLE corridor in between the 25th Street and 36th Street Stations. There are floodplains associated with the Little Sugar Creek, but GIS mapping does not reveal any wetlands within %2-mile of the proposed station. 36th Street Station: The proposed 36th Street Station would be located in the core of the North Davidson (NoDa) area. The proposed station location is primarily surrounded by industrial uses, as well as single- family residential development. Approximately 19% of the area within %2-mile of the proposed station is vacant. Commercial uses are found in the core area of NoDa, along North Davidson Street between East 34th Street and 36th Street. This area has an increasingly urban character with the intensification of the surrounding residential development. Newer high-density residential uses can be found along North Davidson Street in the form of new construction and mill conversions. Active industrial warehousing and trucking facilities are located north of 36th Street to Sugar Creek Station. There is moderate potential for infill and redevelopment in this area. All of the area within %2-mile of the proposed 36th Street Station is within the Upper Little Sugar Creek Watershed. There are some smaller streams or tributaries of the Little Sugar Creek in the vicinity of the proposed station, and Little Sugar Creek and its associated floodplains make up a large portion of the area just north of the proposed station. GIS mapping does not reveal any wetlands within %2-mile of the proposed station; however, wetlands were delineated just north of the proposed rail corridor. Sugar Creek Station: The Sugar Creek Station would include two park-and-ride lots on the north side of the rail corridor. The predominant land use surrounding the proposed Sugar Creek Station is industrial, although single-family residential makes up almost one-quarter of the area. Commercial uses make up a small portion of the area within %2-mile of the proposed station. Approximately 25% of the area is vacant. Several of the vacant parcels are large in size and have potential for redevelopment; however, the presence of environmental constraints and lack of infrastructure may limit development. December 2011 Page 36 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension Most of the area within %2-mile of the proposed Sugar Creek Station is within the Upper Little Sugar Creek Watershed, but a small portion is within the Briar Creek Watershed, which is part of the Lower Catawba portion of the Catawba River Basin. The Little Sugar Creek is located approximately %2-mile north of the proposed station, and there are associated floodplains. There are some other small streams, possibly unnamed tributaries of Little Sugar Creek, located near the proposed light rail alignment in this area. GIS mapping does not reveal any wetlands within %2-mile of the proposed station; however, some isolated wetlands were delineated. Old Concord Road Station: Land use surrounding the proposed Old Concord Road Station consists primarily of industrial uses with some commercial and single-family residential uses throughout. Approximately 26% of the property is vacant within %2-mile of the station. Eastway Park is located on the southeastern side of the proposed light rail alignment and there are some environmental constraints, limiting to some degree any potential for development. The area within %2-mile of the proposed Old Concord Road Station is split between the Upper Little Sugar Creek Watershed and the Briar Creek Watershed, both part of the Lower Catawba portion of the Catawba River Basin. Briar Creek is located just east of the proposed light rail alignment in this area, and there is a small tributary of the Little Sugar Creek approximately %2- mile north of the proposed station. GIS mapping does not reveal any floodplains; however, two small wetlands are located within %2-mile of the proposed station. Tom Hunter Station: Stable single-family residential uses surround the proposed Tom Hunter Station, with multi- family uses on the west side of the rail corridor. Commercial, institutional and office uses are concentrated along North Tryon Street/US-29. Approximately 26% of land within %2-mile of the proposed station is vacant. There do not appear to be many environmental constraints; however, development opportunities are limited due to lack of infrastructure. The area within %2-mile of the proposed Tom Hunter Station is primarily located in the Mallard Creek Watershed, which is part of the Rocky River portion of the Yadkin/Pee-Dee River Basin. About a quarter of the area is located within the Upper Little Sugar Creek Watershed, which as mentioned previously is part of the Lower Catawba portion of the Catawba River Basin. Two small streams are located approximately %2-mile from the proposed station, and GIS mapping reveals a small wetland approximately '/4-mile west of the proposed station. There do not appear to be floodplains within %2-mile of the proposed station. University City Blvd. Station: The land surrounding the proposed University City Blvd. Station (Figure 8c) is primarily undeveloped and approximately 59% of the land within %2-mile is classified as vacant. Scattered office, industrial and commercial uses can be found along North Tryon Street/US-29 as well as residential uses along the southern portion of the station area. Newer development is emerging with the construction of IKEA and Walmart stores, and there is a strong potential for development/redevelopment opportunities. The area within %2-mile of the proposed University City Blvd. Station is located in the Mallard Creek Watershed. Three streams are located within %2-mile of the proposed station, and GIS mapping reveals a small wetland approximately '/4-mile west of the proposed station. There do not appear to be floodplains within %2-mile of the proposed station. December 2011 Page 37 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension McCullough Station: The majority of the existing land uses surrounding the proposed McCullough Station are commercial and office uses. Most of the office development is located on the western side of North Tryon Street/US-29. Approximately 32% of the land within %2-mile of the proposed station is vacant. Access is adequate with several feeder roads connecting to North Tryon Street/US- 29, and there are few environmental constraints, indicating a strong potential for development/redevelopment opportunities. The area within %2-mile of the proposed McCullough Station is located in the Mallard Creek Watershed. Three streams are located within %2-mile of the proposed station. GIS mapping reveals no floodplains or wetlands within %2-mile of the proposed station. JW Clay Blvd. Station: The area surrounding the proposed JW Clay Blvd. Station is largely made up of public and institutional uses; these institutions are UNC Charlotte and the CMC-University. Commercial and residential uses can be found within %2-mile of the proposed station. Approximately 20% of the land surrounding this proposed station is currently vacant. Access is adequate with several feeder roads connecting to North Tryon Street/US-29, and there are few environmental constraints, indicating a strong potential for development/redevelopment opportunities. The area within %2-mile of the proposed JW Clay Blvd. Station is located in the Mallard Creek Watershed. Several streams are located within %2-mile of the proposed station, including Toby Creek and associated floodplains as well as an unnamed tributary of Mallard Creek. Toby Creek is located almost %2-mile southeast of the proposed station. GIS mapping reveals no wetlands within %2-mile of the proposed station. UNC Charlotte Station: The UNC Charlotte Station area primarily encompasses public and institutional uses on the UNC Charlotte campus, including research facilities. The public and institutional uses account for approximately 72% of property located within %2-mile of the proposed station. Approximately 15% of the area is vacant. The current UNC Charlotte Master Plan outlines additional expansion plans to double the existing academic space from 1.2 million square feet to 2.2 million square feet. UNC Charlotte anticipates a student population of 35,000 students by 2020. There is a strong potential for development/redevelopment opportunities; although there is little opportunity for private investment due to ownership by UNC Charlotte. The area within %2-mile of the proposed UNC Charlotte Station is located in the Mallard Creek Watershed. Toby Creek and Mallard Creek are both located within %2-mile of the proposed station, and both creeks have associated floodplains, particularly west and north of the proposed station. GIS mapping reveals a wetland located almost %2-mile northeast of the proposed station; additionally, some isolated wetlands were delineated. Protected Species and Habitat There are no known protected species located in the immediate vicinity of the project and most of the corridor is maintained/disturbed habitat. Fragmentation and loss of wildlife habitat are unavoidable consequences of the LYNX BLE and new development. Some wildlife species which occur within the study area may be permanently displaced as a result of changes in plant community boundaries. Increased urbanization has already diminished habitat opportunities as woodlands and undeveloped land are committed to development. Indirect effects that would result from induced growth would be the continued loss of habitat within the corridor. The areas that remain forested are located within the University City Blvd. December 2011 Page 38 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension Station area and the areas to the north. While loss of habitat could occur as a result of development within the corridor, the concentration of development within the corridor would occur within the areas that are primarily developed as commercial corridors already. It is unlikely that large areas of forested habitat would be cleared as a result of induced growth from the project. The LYNX BLE may have fewer indirect effects than the No-Build Alternative due to the compact development patterns encouraged by the TODs. Parks and Recreational Resources It is not likely that induced growth would eliminate or disrupt parks and recreational resources. There are several public parks and recreational facilities within the study area and increased development would not reduce the County's ability to provide adequate facilities for the population. Transportation The Preferred Alternative would result in changes to some local traffic operations and street patterns, particularly along North Tryon Street/US-29 where the Preferred Alternative would operate within the median of the road. Along those segments, left turns that are currently allowed would be prohibited. To accommodate motorists, u-turns would be permissible at selected signalized intersections, resulting in no drastic changes to accessibility. However, motorists who utilize u-turn options may experience increased travel time and distance. Some local residents may utilize secondary neighborhood streets as short-cuts. As a result, increased cut-through traffic in some neighborhoods could result. The potential negative indirect effects of the proposed project would be off-set from the enhanced access to transit that would be associated with the Preferred Alternative. Both alternatives would provide another mode of transportation for residents and community service patrons and provide a more efficient option to automobile and bus travel. Additionally, accessibility for transit users, bicyclists and pedestrians within the Northeast Corridor would be positively impacted by the proposed project. Pedestrian improvements (sidewalks, crossings, etc.) are proposed along the corridor and beyond (through a separate project the Northeast Corridor Improvements Project), and bicycle lanes would be constructed along North Tryon Street/US-29 as part of the Preferred Alternative. Given the distance of most neighborhoods from the proposed Preferred Alternative, overall negative effects to automobile travel patterns and accessibility are not anticipated. 7.0 ANALYSIS OF CUMULATIVE EFFECTS In determining cumulative effects, the past present and future activities were reviewed in conjunction with potential project effects on notable features. Past: Traditional development patterns have generally followed a sprawling land use pattern. Low-density residential uses have developed in isolation from employment centers and shopping. Office parks, shopping centers, apartments, and single-family subdivisions generally creep further and further from Center City Charlotte into the outer areas of the corridor. This pattern of land use has resulted in the following cumulative effects: • Loss of open space; • Degradation of water and air quality; • Decreased mobility due to declining levels of service of roadways (i.e. traffic congestion); • Increased commute times due to traffic congestion; • Increases in auto dependency and fuel consumption; December 2011 Page 39 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension • Loss of sense of place and community due to isolation of land uses; • Isolation (i.e., separation) of employees from activity centers, homes, daycare and schools; • Decline in economic activity in Center City Charlotte and other employment centers; • Reduced economic opportunity in existing buildings, facilities, and services; and • Overall decline in quality of life. Present: The region has implemented land use policies and plans to change past trends and focus future development into growth corridors and activity centers. Present activities include both private and public projects within the corridor. The private projects include new mixed-use developments, single family and multi-family residential development and a variety of other commercial and office development. Specifically, Center City Charlotte has experienced recent development activity, including residential development. Additionally, development has recently occurred within the NoDa area. This development has been primarily positive due to the proximity to the proposed transit corridor, the consistency with local land use policies and the mixed nature of the development. UNC Charlotte also has construction underway to accommodate enrollment growth. There are also a variety of public projects underway, including roadway improvements, water and sewer line installations and streetscape improvements. The most noteworthy current project in the corridor is the City of Charlotte's project at North Tryon Street/US-29 and University City Boulevard/NC-49, to convert the "weave" configuration into two at-grade, signalized intersections. The project will improve safety for vehicles, pedestrians and bicyclists in the area. Future: There are numerous planned private development projects and publicly-funded capital improvements related to or separate from the proposed LYNX BLE. In addition to these improvements, several large transportation projects that would affect overall travel and freight mobility in the region are in the planning stages. These projects are currently being proposed by MUMPO, CATS, NCDOT and the Norfolk Southern Corporation. LYNX Blue Line Extension There are a number of projects planned that cumulatively would improve the mobility of people and goods along and through the FLUSA. Combined, these actions are not likely to result in substantial additional direct effects beyond those identified individually by each project. Should the construction schedules of the projects all occur within the same time period, the temporary effects from those activities could negatively affect the surrounding communities. At the present time, specific project plans and construction schedules are unknown and therefore specific construction-related cumulative effects cannot be determined. The proposed LYNX BLE is likely to be constructed close in time and place with the NCDOT's Sugar Creek Grade Separation Project. The project would either be constructed before or in conjunction with the construction of the proposed LYNX BLE. As previously discussed, CATS has programmed major transit projects throughout the region beyond the current action described in the EIS. The adopted 2030 Transit Corridor System Plan consists of multiple transit improvements in five corridors, a series of improvements in Center City Charlotte, and bus service and facility improvements throughout the rest of the region. The implementation of transit projects in multiple corridors as part of the development of an overall transit system plan would improve mobility and accessibility throughout the region. The development of the 2030 Transit Corridor System Plan provides benefits to the traveling public through new services; expansion of existing services; and improved connectivity and December 2011 Page 40 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension accessibility. It also is expected to reduce dependency on auto use and reduce the associated auto-generated roadway congestion, air pollution emissions and energy consumption. The proposed project, combined with non-project activities, could cumulatively result in minor negative effects to notable environmental features. However, these effects would likely occur with or without the proposed project. Development and infrastructure improvements with the potential to cumulatively affect water quality through erosion and stream sedimentation, increases in non-point source pollution associated with increasing impervious surfaces and land disturbing activities. Cumulative water quality effects may be an issue in the northern portion of the corridor where existing development is sparse, but includes vacant land that would continue to be attractive for growth due to the I-485 completion. Habitat loss resulting from conversion of agricultural or undeveloped land to urban and suburban development. Development is expected to continue in the corridor, resulting in habitat loss and conversion of forest to urban/suburban uses. 8.0 INDIRECT AND CUMULATIVE EFFECTS CONCLUSIONS The City of Charlotte Planning Department and CATS are planning and implementing strategies to proactively manage the future growth that is projected for the Charlotte region. Several policies, tools, and planning initiatives have been adopted to implement the vision of several local land use and transportation plans, including the Centers, Corridors and Wedges Growth Framework (August 2010), 2025 Integrated Transit/Land Use Plan, the Northeast Area Plan, the University City Area Plan, and the 2030 Transit Corridor System Plan. As envisioned in the region's plans, future development would be focused into areas that can support new development or are in need of redevelopment and away from areas that cannot support new growth. The highest density development would be encouraged around light rail stations. The FTA considers %2-mile to be a safe and convenient distance to walk to public transit. Because of the accessibility and walkability, transit stations often become focused development areas that are expected to experience effects as a result of a transit project. TOD focuses on creating compact neighborhoods with housing, jobs, shopping, community services, and recreational opportunities all within a%2-half mile walking distance of a transit station. Project-related indirect effects outside of this area are not as likely. By focusing future growth in corridors with multiple travel alternatives, the region would be able to grow in a manner that promotes continued access and mobility and that enhances the quality of life for residents and employees. The types, pattern, and density of future and even existing development may be affected, but limited to localized areas surrounding station locations. The probability of sweeping land use changes in the FLUSA related to the project is minimal. The FLUSA is expected to retain its overall urban to suburban character, and development interest and activity would exist with or without the project. However, the project is more likely to encourage land use changes, redevelopment, and infill development at specifically targeted station areas. The Northeast Corridor (and FLUSA) have experienced change in the past few years, emerging with three distinct characteristics: the edgy, in-town district along North Davidson Street referred to as NoDa; an aging suburban corridor along North Tryon Street/US-29 from Sugar Creek Road to Tom Hunter Road; and a suburban corridor experiencing mixed success from University City Boulevard north to I-485. It is projected that the North Davidson Street area will December 2011 Page 41 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension continue to fuel strong opportunities for intensification of residential, retail and creative office opportunities, particularly around the Parkwood, and 36th Street stations. Retail abandonment, limited interstate access, and economic stagnation are expected to temper the pace of development in the Sugar Creek Road to Tom Hunter Road area. The University City area and its proposed stations could benefit from several large-scale potentially catalytic projects. These projects include Belgate, UNC Charlotte expansion and associated development projects, and University Place. The variations in development and land use patterns in the FLUSA will vary from existing patterns mostly around station areas. These variations from existing uses would likely be the transition to mixed-use designations in areas where there is the greatest potential for TOD. Existing land use policies and development regulations support the implementation of the proposed Light Rail Alternative. The proposed project would provide a substantial improvement to an established, overburdened transportation corridor. In addition, the proposed project would meet the City of Charlotte's and Mecklenburg County's desires to implement long-range plans that integrate land use and transportation policies, and potential indirect effects related to resources and water quality would be minimized by regulations in place to protect these resources. Reference Table 14 for a summary of indirect and cumulative effects anticipated as a result of the proposed project. Table 14 summary or inairect ana cumuiative trrects Negative Effects Protections/Minimization of Effects The proposed project would likely shift vehicle trips to transit, resulting in lower overall traffic volumes when compared to Increased traffic and demands on traffic levels that would occur without the project. In addition, a infrastructure may arise from separate project program known as the Northeast Corridor associated development in Infrastructure (NECI) Program is currently underway to identify station areas. needed infrastructure improvements to support existing and future development. Habitat loss may result from conversion of agricultural or undeveloped land to urban and Most land use change will occur surrounding station locations, suburban development. where development already exists. Policies and regulations are Development is expected to in place to guide future development to locations which are continue in the corridor, perhaps meant to handle this growth. resulting in habitat loss and conversion of forest to urban/suburban uses. Development and infrastructure improvements have the potential Several federal, state, and local regulations and policies are in to cumulatively affect water effect to minimize potential effects to water quality. These quality through erosion and include Section 401 and 404 requirements, Best Management stream sedimentation, increases Policies in the river basins, NPDES permitting regulations, in non-point source pollution erosion and sedimentation control plan requirements, associated with increasing floodplain regulations, stormwater management plan impervious surfaces, and land requirements, local post construction controls ordinance and disturbing activities. SWIM buffers. December 2011 Page 42 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension The potential for growth and land use changes in the FLUSA as a result of the proposed project is low-to-moderate under the LYNX BLE. Most of the FLUSA contains neighborhoods in an urban or suburban setting, and the proposed project is not likely to cause a substantial change in type or intensity of land use throughout the FLUSA. The FLUSA will experience growth and development in the study time frame with or without the proposed project, as evidenced by population and employment projections. The proposed project is not likely to influence if growth will occur in the corridor, but rather where and how the growth would occur. It is not expected that project-related growth and water quality effects will be of such magnitude that a quantitative watershed analysis is necessary. Induced growth as a result of the project could have an indirect effect on water resources and water quality. However, growth resulting from the proposed project would occur at a low-to-moderate rate. Without the project, it is expected this same growth would occur within the corridor; but would occur at lower densities and in a less concentrated manner. Because of this, the LYNX BLE would have fewer effects to water resources and water quality than the No-Build Alternative. In addition, water quality concerns should be mitigated by the many regulations enacted to protect valuable resources. December 2011 Page 43 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment REFERENCES: Charlotte Area Transit Svstem (CATS) CATS (2011). LYNX BLE Northeast Corridor Light Rail Project, FY2013 New Starts Submittal. CATS Northeast Corridor Light Rail Project. (2011). Final Environmental lmpact Statement. LYNX Blue Line Extension CATS Northeast Corridor Light Rail Project. (2010). Natural Resources Technical Report. Prepared by STV/Ralph Whitehead Associates. CATS Northeast Corridor Light Rail Project. (2010). Secondary and Cumulative Effects Analysis Technical Memorandum. Prepared by STV/Ralph Whitehead Associates. CATS Northeast Corridor Light Rail Project. (2009). Request for Jurisdictional Determination. Prepared by STV/Ralph Whitehead Associates. CATS Northeast Corridor Light Rail Project. (2009). Request forJurisdictional Determination, Additions. Prepared by STV/Ralph Whitehead Associates. CATS. (2006). 2030 Transit Corridor System Plan. CATS Northeast Corridor Light Rail Project. (2002). Northeast Corridor Major Investment Study (MIS), Final Report. Charlotte Department of Transportation (CDOT) CDOT. (2009). Metrolina Regional Demand Model. CDOT. (2008). Metrolina Regional Demand Model. Charlotte-Mecklenburq Planninq Commission (CMPC) CMPC. (2010). Center, Corridors and Wedges Growth Framework. CMPC. (2008) Transit Station Area Plans. CMPC. (2001). GeneralDevelopmentPolicies. CMPC. (2000). NortheastArea Plan. CMPC. (1998) 20251ntegrated Transit/Land-Use Plan. CMPC. (1997). 2015 Plan: Planning for Our Future. CMPC. (1994). Centers and Corridors Concept Plan. Citv of Charlotte/Mecklenburq Countv CATS, CMPC and CDOT. (2006). The City of Charlotte Transportation Action Plan: Technical Document. Charlotte Mecklenburg Planning Department. (2007). Central DistrictAdopted Future Land Use Map. Retrieved November 14, 2008, from http://www.charmeck.orq/NR/rdon ivres/eh2wi4qv7mi4axfqmuvfcph3mwawkcvmf43ohqihqpxrikwvl2443qt7 az4vdfsvkhz3ezpfnml3vo4uib3vncdq 13a/centra1707. pdf December 2011 Page 44 Rev. 00 Qualitative Indirect and Cumulative Effects Assessment LYNX Blue Line Extension Charlotte Mecklenburg Planning Department. (2007). Northeast District Adopted Future Land Use Map. Retrieved November 14, 2008, from http://www.charmeck.orq/NR/rdon ivres/ez6w65117mpavqocpq67u47ie6hvrbioabkml5iqwcdt74bsvwwarnqw krczibkf2fu3mr6352wzxrq4u2h2o5wmm4h/northeast707.pdf City of Charlotte. (2008). 2008-2013 Capital lmprovement Program. City of Charlotte. (2006). The City of Charlotte Transportation Action Plan: Policy Document. Mecklenburg County Government. (2008). Mecklenburg County, North Carolina: State of the Environment Report 2008. Mecklenburg County Government, Park and Recreation Department. (2008). Mecklenburg County Parks and Recreation Greenway Plan Update 2008. Retrieved September 9-12, 2008, from http://www.charmeck.orq/Departments/Park+and+Rec/Home. htm Mecklenburg County Government, Park and Recreation Department. (2008). Mecklenburg County Park and Recreation 10 Year Master Plan: 2008-2018. Retrieved September 9-12, 2008, from http://www.charmeck.orq/Departments/Park+and+Rec/Home. htm Partners City of Charlotte, CMPC and University City Partners (UCP). (2007). University CityArea Plan. City of Charlotte, CMPC and Center City Partners. (2000). Center City 2010 Vision Plan. U.S. Census Bureau U.S. Census Bureau. (2009). American FactFinder— Detailed Tables. 2006-2008 American Community Survey 3-Year Estimates. Retrieved November and December, 2009, from http://factfinder.census.qov U.S. Census Bureau, (2009). American FactFinder— Charlotte-Gastonia-Concord, N-SC Metropolitan Statistical Area. Retrieved November and December, 2009, from http://factfinder.census.qov United States Census Bureau. (2010). American Fact Finder: 2010 Population Estimates. Retrieved September 19-22, 2011, from http://factfinder.census.qov North Carolina Department of Environment and Natural Resources (NCDENR) NCDENR. (2004) Final Guidance: Eight Step Indirect and Cumulative ImpactAssessment Guidance. Prepared by The Louis Berger Group, Inc. NCDENR, DWQ. Basinwide Planning Program. September 2004. Catawba River Basin Water Quality Plan. Available: http://h2o.enr.state.nc.us/basinwide/ NCDENR, DWQ. 2004. North Carolina Water Quality Assessment and Impaired Waters List. Available: http://h2o.enr.state.nc.us/tmdl/General_303d.htm. Accessed September 2010. NCDENR, DWQ. Basinwide Planning Program. March 2003. Yadkin-Pee Dee River Basin Water Quality Plan. Available: http://h2o.enr.state.nc.us/basinwide/ December 2011 Page 45 Rev. 00 � ���/��B�uet���eFxre�asra� Figure 1 ���W rTM��*����u+} The Region �.�.��LL�o. ALEXANDER CO. DAV�ECO. , r IREDELL CO. DAVIDSON CO. BURKE CO. / ` CATAWBA C0. � ROWAN CO. LINCOLN CO. • Da�ason Comelius Himtersville �,+ABARRU�` �.+0. / \ J CLEUELAND CO. � / GASTON CO. � ��� STANLY CO. /r � � ��� �l � = MECKLENBURG CO. / charlone Mint Hill 1 \ � Matthews � Pineville CHEROKEE CO. � YORKCO. jJNION CO. ANSON CO. NORTH CAROLINA WEST � ' VIRGINIA SOUTH CAROLINA KENTUCKEY VIRGINIA LANCASTER CO. 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I f �� � I� i I �l�e � 'v..l� P 9 ..���I e i 8 ��'m � '� � � �i� I �, � ��? � , P � � _' �.�y€` rI : e °'w � � � P� { g� / �9". `p-�y�ib+l ����� ��.'��, r°� ��..� � Y!•I �__—__—__—__—__—__—__—_ Legend �� � � � Northeast Corridor Limits � Proposed Light Rail Alignment = LYNXBIueLine � Railroads Highway — Major Roads Q Proposed Stations Highway (Future) Q Proposed Stations with Park-and-Ride �–_• County Line �. � �.na�„�; I Y y,yaF ,� � � I �F f . g3} `-� � �� � Streams OJurisdidional Wetland � Jurisdictional Streams �•� : m m tl � 6 x � � 3 � C 6 � N tC � O O • � 0 0.5 1 � Mile Data Source: CAT$ City of Charlotte GI$ and Mecklenburg County 2009 Aerial L YNXBIueLineExtension Figure 10 "A°,°'RA"=„=ERV„E= Floodplains and Regulated Floodways � ��:���r��i�f�t�c�r�s�a� Figure 11a ������ B�ue t���e Fxte�sra� F i g u re 11 b Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension ATTACHMENT H GENERAL CONSTRUCTION SEQUENCE Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Attachment H: General Construction Sequence As outlined on the plans created for the LYNX BLE, the construction contractor shall follow the phasing as described herein. Construction phases may be performed concurrently, except where noted. All work described in the project phasing shall be performed by the contractor, except where it is specified for certain work to be performed by others. The construction sequencing descriptions refer to the entire project and is not limited to the jurisdictional waters of the U.S. The phasing refers to specific traffic control drawings shown in the plans or diagrams from the work area traffic control handbook (watch) published by Charlotte Department of Transportation (CDOT). The contractor shall follow these procedures and diagrams. If these procedures and/or diagrams are not typical for the field conditions, the diagrams may be combined or altered upon the approval of the engineer. The standards, procedures, and diagrams shown in the traffic control plans or in the watch are minimum required. Additional signs, cones, barricades, and warning devices may be used, but at no time will less than what is specified in the standards, procedures, and diagrams be acceptable. No construction access or staging in waters of the U.S. is proposed. Construction fencing will be used to prevent people and equipment from accidentally entering jurisdictional areas that have not been permitted for impacts. Phase 1- Advanced utility relocations by others in the southernmost segment of the LYNX BLE project corridor. Construction of Phase 1 shall be completed prior to beginning any subsequent phases. It is anticipated that Stream C will be the only jurisdictional water that will be impacted by utility relocations, for the proposed new stream crossing of the existing sanitary sewer. Phase 2— North Carolina Railroad (NCRR) and Norfolk Southern (NS) rail line relocations. Phase 2 shall be constructed following the completion of Phase 1. Phase 2 may be constructed concurrently with portions of Phases 3- 11, except for the following: • Freight track relocation from — Norfolk Southern Railroad North Bound (NSRNB) - sta. 35+00 to sta. 40+00 shall be completed in accordance with Phase 9. • Freight track relocation from — NSRNB - sta. 59+00 to sta. 67+00 shall be completed prior to construction of Craighead Road/NCRR bridge, Phase 10. Construction includes, but is not limited to, erosion control measures, demolition, grading, freight bridge over 36th St., retaining walls, drainage, and Craighead Road improvements. Phase 3- Light rail roadbed and drainage from — Light Rail Transit North Bound (LRTNB) - sta. 1003+50 to Sta. 1095+00 (except for at-grade crossings). The contractor shall coordinate construction activities and request flagmen with the owner. Construction includes, but is not limited to, erosion control measures, clearing and grubbing, grading, drainage, systems conduits/duct banks and pull boxes, system raceway, overhead contact system (OCS) foundations, and the following station foundations: • 9th Street Station • Parkwood Station • 25th Street Station Phase 3 will include the proposed impacts to Streams C and D Phase 4- North storage yard - The proposed North storage yard is located at the existing Norfolk Southern rail yard located near the 16th Street Station. The North storage yard at-grade entrance shall be constructed in accordance with Phase 6F. Construction includes, but is not limited to, erosion control measures, demolition, grading, and drainage. Phase 5- Light rail bridges and retaining walls - Segment A. The following structures shall be constructed in Phase 5: December 2011 Page 1 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension • Light Rail bridge over CSX Railroad • Light Rail bridge over Little Sugar Creek • Light Rail bridge over AC&W Railroad/Duke access road Construction includes, but is not limited to, erosion control measures, clearing and grubbing, grading, drainage, temporary shoring, abutments, and installation of girders. No impacts to Stream F(Little Sugar Creek) are anticipated during bridge construction. Phase 6- Side street improvements and at-grade-crossings. The contractor shall install detour signs per watch and close at-grade crossing to traffic. Construction includes, but is not limited to: erosion control measures, demolition, drainage, water line, systems conduits/duct banks and pull boxes, grading, pavement, curb and gutter, driveways, and sidewalks. The contractor shall coordinate construction with the installation of grade crossing panels and rail at road crossings. Phase 6a: 7th Street improvements shall not be constructed concurrently with Phase 6b or 6c. Phase 6b: 8th Street improvements shall not be constructed concurrently with Phase 6a or 6c. Phase 6c: 9th Street improvements shall not be constructed concurrently with Phase 6a or 6b. Phase 6d: 12th Street improvements shall not be constructed concurrently with Phase 6e. Phase 6e: 16th Street improvements shall not be constructed concurrently with Phase 6d. 12th Street shall be detour route for closure of 16th Street. The contractor shall request a flagman for this subphase of construction. Phase 6f: North storage yard entrance improvements. Phase 7— 10th Street extension. The contractor shall install work zone devices per watch. Construction includes, but is not limited to: erosion control measures, demolition, drainage, systems conduits/duct banks and pull boxes, grading, pavement, curb and gutter, driveways, and sidewalks. Phase 8- Light Rail roadbed and drainage from — LRTNB - sta. 1095+00 to sta. 1242+80.56 (except for at-grade crossings). The contractor shall coordinate construction activities and request flagmen with the owner. Construction includes, but is not limited to: erosion control measures, clearing and grubbing, grading, drainage, systems conduits/duct banks and pull boxes, system raceway, OCS foundations, and the following station foundations: • Sugar Creek station • Old Concord Road station Phase 8 will include the proposed impacts to Streams N, A(intermittent and perennial), P, and Z, as well as Wetlands Y, A, and P. Phase 9— 36th Street improvements that shall be completed in sequential order. No impacts to waters of the U.S. are proposed in Phase 9: Phase 9a - Duke and Piedmont Natural Gas utilities will be relocated by the respective utility companies prior to construction. The contractor shall coordinate construction activities and request flagmen with NS. The following steps shall be completed in sequential order: I. Upon completion of the relocation of Duke and Piedmont Natural Gas utilities, the contractor shall close 36th Street per watch and use Craighead Road as a detour route. December 2011 Page 2 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension II. The contractor shall drill holes for panel wall along the northbound side of 36th Street, north of existing freight tracks, near Herrin Brothers Coal & Ice Company property. III. The contractor shall complete underpinning of Newco Fibre building, located on property owned by 36th Street Investors, LLC. IV. The contractor shall install temporary water service and drill holes for pile panel wall sections along the southbound side of 36th Street, south of existing freight tracks, near the Newco Fibre building. V. The contractor shall install sheeting along north side of existing freight tracks. VI. The contractor shall install new water line north of existing freight tracks and provide temporary service connections, followed by the installation of water line stops. Phase 9b - the following steps shall be completed in sequential order: I. The contractor shall excavate and construct freight bridge abutments on the north side of existing freight tracks. II. The contractor shall install pile panel wall along northbound 36th Street, north of existing freight tracks, near Herrin Brothers Coal & Ice Company property. III. The contractor shall excavate on the north side of the existing freight tracks to locate the existing sanitary sewer line. IV. The contractor shall install new sanitary sewer on north side of existing freight tracks and provide temporary connections between the existing and new sanitary sewer systems. V. The contractor shall install new storm drain system along 36th Street, north of existing freight tracks. VI. The contractor shall construct freight bridge walls north of existing freight tracks along north side of proposed freight track alignment. VII. The contractor shall construct embankment for freight track relocation and install new storm drain system north of existing freight tracks. Phase 9c - the following steps shall be completed in sequential order: I. The contractor shall relocate existing freight tracks to the proposed freight track alignment. II. The contractor shall remove sheeting. III. The contractor shall install pile panel walls along the north and southbound sides of 36th Street, south of the new freight tracks. IV. The contractor shall remove existing freight ties and roadbed and excavate to existing sanitary sewer south of new freight tracks. V. The contractor shall install sanitary sewer south of the new freight tracks, provide connections to existing sanitary sewer system and remove temporary sanitary sewer connections and manholes. VI. The contractor shall complete excavation of 36th Street south of site of new freight tracks. Construction activities shall include, but are not limited to: erosion control measures, demolition, systems conduits/duct bank and pullboxes and grading. VI. The contractor shall install water line and storm drain system south of new freight tracks. Phase 9d - the following steps shall be completed in sequential order: I. The contractor shall construct the Light Rail bridge abutments and install girders. II. The contractor shall perform fine grading and paving of 36th Street, including, but not limited to, pavement, curb and gutter, driveways, and sidewalks. III. The contractor shall install girders for light rail bridge over 36th Street. IV. The contractor shall open 36th Street to traffic and complete station platform, walkways, and stairs to 36th Street station. Phase 10 - Light Rail bridges and retaining walls. The following structures shall be constructed in Phase 10: December 2011 Page 3 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension I. Light Rail bridge over Craighead Road. II. Eastway Drive bridge over Light Rail. Construction includes, but is not limited to, erosion control measures, clearing and grubbing, grading, drainage, temporary shoring, abutments, and installation of girders. Phase 11 - Other roadways. The contractor shall install work zone signs per watch. Construction includes, but is not limited to: erosion control measures, demolition, drainage, systems conduits/duct banks and pull boxes, grading, pavement, curb and gutter, driveways, and sidewalks. Streams J and K will be impacted during Phase 11. The following roadways are to be constructed in Phase 11: I. Signal house #13/Duke access road. II. Traction power substation #13 access drive. III. Signal house # 14 access drive. IV. Traction power substation #14 access road. Phase 12 — Systems Elements. Transitioning existing Light Rail systems to Blue Line Extension systems OCS. Existing conditions: 1. Track 2 OCS terminates just north of 7th Street. 2. Track 1 OCS terminates just north of 9th Street. Construction phase: 1. Install new pole and down guy for track 2 OCS as existing location of pole and down guy north of 7th Street are in conflict with track installation. 2. Install in span insulation, both messenger and contact, 7th street for both tracks 1 and 2 OCS, just north of last head/cross span location on 7th Street station. 3. Relocate existing OCS termination from old pole to new pole and down guy on track 2. 4. Install temporary down guy for track 1 OCS - need OCS to end north of 7th Street (similar to track 2). First pole north of 7th Street, down guy to base of next pole. 5. Terminate existing OCS track 1 on first pole north of 7th Street and remove existing OCS to existing termination to the north of 9th Street. 6. Remove existing OCS pole and down guy for track 2. 7. Existing poles on track 1 to remain for temporary traction power feed. 8. OCS foundations to be installed by civil contractor. 9. Temporary installation to remain until track is built and new OCS can be installed from 6th Street to insulated overlap north of 9th Street station. This work will have to be coordinated with CATS to remove a track from service in order to install new OCS starting at 6th Street interlocking. December 2011 Page 4 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Traction power Existing conditions: 1. Duke feed for substation from metering cabinet at northwest corner of 9th Street - feed is underground in middle of right-of-way. 2. Negative returns run underground from traction power substation 11 to rail on track 1 south of 9th Street. 3. Feeder cable run underground from traction power substation 11 to OCS pole located at north side of 9th Street and then overhead from that pole. 4. Track 1 feeder connects at 9th Street, track 2 feeder runs along OCS poles to north of 7th Street and across headspan. Construction phase: 1. Assume that Duke will relocate feed from existing location to feed from 10th Street. Installation of new metering cabinet and feed to substation will be required and cut over from existing service. 2. Temporary pole line to be installed from traction power substation 11 to 9th Street. 3. Temporary positive and negatives to be installed along pole line and connect to OCS and rails at 7th Street. 4. Temporary installation to remain until OCS installed to insulated overlap north of 9th Street station - cut over from temporary installation to permanent. Train control Existing conditions: 1. Crossing gates are installed and operational at 7th and 8th Streets - both are island activated only. 2. 8th Street crossing case may be relocated prior to project by outside contractor. Construction phase: 1. All work must be coordinated with CDOT and CATS to take crossings out of service. 2. If existing crossing gates are removed, new foundations/conduits to be installed by civil contractor. 3. Install crossbuck only signs until crossing warning system is installed prior to opening crossing. 4. Route for signal cables to be provided by communications trough. December 2011 Page 5 Rev. 00 Northeast Corridor Light Rail Project — Request for Individual Permit LYNX Blue Line Extension Communications Existing conditions: 1. Fiber for communications with traction power substation 11 is routed in main alignment cable trough to 7th Street communications cabinet. 2. CDOT and City IT fiber north of 7th Street is dark - potential to change prior to start of LYNX BLE Project. 3. Fiber for extension north of 7th Street is terminated in 7th Street communication house. 4. 9th Street trolley stop closed circuit television (CCTV) camera and blue light emergency telephone (BLT) cabling is routed in main alignment cable trough to 7th Street communication cabinet. 5. Verify with CATS that no systems have been added since LYNX BLE construction was completed. Construction phase 1. Coordinate with CDOT and City it to remove cable currently installed north of 7th Street (to 8th Street) - pulling length at 7th Street back to 6th Street manhole and store for later re-install at 7th Street manhole after new manhole installed, remove fiber optic cabling from main alignment raceway from 7th to 8th Street per construction schedule. 2. Coordinate shutdown and disconnection of CCTV camera and BLT phone at 9th Street trolley stop with cats technology/cats rail operations. Remove devices, store per CATS direction. 3. Temporary connection to be made from communication house at 7th Street to traction power substation 11 - temporary connection to remain until communication house at 9th Street is tied into CATS operation system. Remove fiber from cable trough. 4. Remove all cable trough north of 7th Street. 5. Install pullboxes, manholes, multiduct and associated conduits at 7th Street per typical grade crossing details. 6. New CDOT manhole to be installed at 7th Street. Phase 13 — Park-and-Rides and Stations The stations will be constructed at the same time as the track construction is completed in the station area. Park-and-rides will be constructed under a separate contract and would proceed with an independent schedule. Impacts to Wetland E would occur during this Phase. December 2011 Page 6 Rev. 00