HomeMy WebLinkAbout20041053 Ver 2_CATS BLE Final ROD Signed Dec 2011_20120206Strickland, Bev
From: Mcmillan, Ian
Sent: Monday, February 06, 2012 12:13 PM
To: Strickland, Bev
Subject: FW: CATS BLE ROD
Bev, this is DWQ No. 04 -1053, Ver. 2 1 placed this PDF in your folder on the "S" drive. Thanks, Ian
Ian J. McMillan, PWS, GISP
NCDENR/Division of Water Quality - Wetlands and Stormwater Branch
1650 Mail Service Center
Raleigh, NC 27699 -1650
Office: (919) 807 -6364
Fag: (919) 807 -6494
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Email: ian.mcmillannncdenr.gov
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North Carolina Public Records Law and may be disclosed to third parties.
From: brandon.phillips @stvinc.com [mailto:brandon.phillips @stvinc.com]
Sent: Thursday, February 02, 2012 3:25 PM
To: Mcmillan, Ian
Subject: CATS BLE ROD
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Ian,
The Record of Decision (ROD) for the Charlotte Area Transit System (CATS) Blue Line Extension (BLE) EIS
is attached for download for your use in the review of the Individual Permit application.
Please let me know if you will need anything else for your review.
Thank you,
Brandon J. Phillips, C.H.M.M.
Senior Environmental Specialist
brandon.phillips @stvinc.com < blocked:: mailto : bra ndon.phillips @stvinc.com>
STV /Ralph Whitehead Associates, Inc. 1 1000 W. Morehead St., Suite 200 1 Charlotte, NC 28208 1 (704)
372 -1885 1 (704) 372 -3393 (fax)
Secure file delivery by LeapFILE
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
RECORD OF DECISION
LYNX Blue Line Extension Northeast Corridor Light Rail Project
In Mecklenburg County, North Carolina
City of Charlotte, Charlotte Area Transit System
DECISION
The Federal Transit Administration (FTA) has decided that the requirements of the National
Environmental Policy Act of 1969 (NEPA) have been satisfied for the LYNX Blue Line Extension
Northeast Corridor Light Rail Project proposed by the Charlotte Area Transit System (CATS) in
Charlotte, NC. The Preferred Alternative consists of light rail transit (LRT) extending from the
existing 7th Street Station in Center City Charlotte to the University of North Carolina at Charlotte
(UNC Charlotte). The subject project is evaluated in the "LYNX Blue Line Extension Northeast
Corridor Light Rail Project, Final Environmental Impact Statement," (Final EIS) published by
FTA in August 2011.
The Preferred Alternative for the Northeast Corridor is the light rail alternative extending from
CATS' existing (South Corridor) Blue Line LRT line 7th Street Station to the campus of UNC
Charlotte. The northern terminus will be located at UNC Charlotte adjacent to Cameron
Boulevard. The project is aligned primarily in existing railroad right -of -way and within the rights -
of -way of North Tryon Street to the point it enters new alignment to access the campus of UNC
Charlotte. Some portions will be elevated up and over existing freight tracks, roads or other
geographic constraints. The project will add approximately 9.4 miles of two -track light rail line
with 11 new stations to CATS' existing light rail system. Approximately 3,300 parking spaces
will be provided at four stations.
The project includes the purchase of 18 light rail vehicles (LRVs). Technology and design
concepts employed on to the existing Blue Line system will generally be incorporated into the
Blue Line Extension, including low floor LRVs. The BLE right -of -way will be reserved for transit
use, with transit operations through at -grade intersections protected by traffic signal preemption
and gates. A vehicle storage yard and dispatch facility will be constructed at the site of the
existing Norfolk Southern (NS) intermodal facility along North Brevard Street. LRV maintenance
would be located at the existing South Boulevard Light Rail Facility, which will be upgraded to
provide additional capacity.
Northeast Corridor bus service will be re- configured to provide service to the LRT stations,
including modification of Route 11 bus service that will otherwise duplicate the LRT service.
BASIS FOR DECISION
The FTA and the CATS published the LYNX Blue Line Extension Draft Environmental Impact
Statement (Draft EIS) on August 19, 2010. Subsequent to the circulation of the Draft EIS, it was
determined that the project as proposed could not be achieved due to financial constraints. As a
result, CATS completed an evaluation process and public outreach to reduce the project scope.
This evaluation process was guided by the project's Purpose and Need statement, as well as
the project goals and objectives, recommendations from staff, public comment, and the analysis
in the Draft EIS. The Preferred Alternative was selected by the Metropolitan Transit
Commission (MTC) on January 26, 2011.
Record of Decision
LYNX
Northeast Corridor Light Rail Project Blue Line
Extension
Following completion of the Final EIS, the FTA has determined that the project meets the
Purpose and Need of the proposed action. Specifically, the project achieves the following goals
and objectives:
• Supports the region's Centers, Corridors and Wedges Growth Framework;
• Improves access and mobility in the corridor and throughout the region; increases transit
ridership; and improves the quality of transportation service;
• Preserves and protects the environment;
• Develops affordable, cost - effective transportation solutions; and
• Develops transportation improvements that function as part of the larger transportation
system.
ALTERNATIVES CONSIDERED
Two alternatives were considered in the Final EIS for the Northeast Corridor: the No -Build
Alternative and the Preferred Alternative (LYNX Blue Line Extension). The No -Build Alternative
would only include the transportation projects already programmed and committed in the
corridor, which would include bus service operating in mixed traffic between Center City
Charlotte and UNC Charlotte. The No -Build Alternative includes improvements to service
frequency for two bus routes in the Northeast Corridor study area.
The Preferred Alternative will extend light rail from the existing 7th Street Station in Center City
Charlotte to UNC Charlotte and is depicted in Appendix A. The Preferred Alternative was
selected following receipt of comments on the Draft EIS and the aforementioned scope
reduction process. The LYNX Blue Line Extension was selected as the NEPA environmentally
preferred and the locally preferred alternative.
Other Alternatives Considered: CATS considered a range of alternatives during previous
studies. The Northeast Corridor Major Investment Study considered a range of alignment and
technology options. The Draft EIS included an alternative LRT alignment, called the Light Rail
Alternative - Sugar Creek Design Option. This alignment option would have diverted from the
Light Rail Alternative just after Sugar Creek Road, entering the median of North Tryon
Street/US -29 near Dorton Street, prior to Old Concord Road. The Sugar Creek Design Option
also represented a change in the station platform and park- and -ride lot locations for Sugar
Creek Station and Old Concord Road Station.
PUBLIC OPPORTUNITY TO COMMENT
Extensive public participation strategies and activities have been used throughout the
environmental process to provide project information and receive public input and comment.
The Project milestones involving public participation were as follows:
A Notice of Intent (NOI) to prepare an EIS was published in the Federal Register on
September 29, 2000.
The Notice of Availability for the Draft EIS was published in the Federal Register on
August 27, 2010 followed by a 45 -day public comment period.
Following the Notice of Availability for the Draft EIS, two public meetings and a public
hearing were held by CATS and were advertised in The Charlotte Observer, Charlotte
Post, La Noticia and Que Pasa newspapers and in mailings to interested and affected
persons. Notices were provided in both English and Spanish. These meetings provided
• Record of Decision
Northeast Corridor Light Rail Project
LYNX
Blue Line
Extension
an opportunity for CATS to provide information about the project and receive feedback
about the project and the Draft EIS. Approximately 50 people attended the public
meetings /hearing. Twelve (12) written comments and six (6) verbal comments were
received from members of the public during the public comment period and public
hearing. Nine (9) written comments were received from local, state and federal agencies
during the public comment period. The Draft EIS comments and responses to the
comments were included in the Final EIS.
From November 2010 to January 2011, additional stakeholder meetings and a public
meeting were held regarding the reductions to the project scope. A public meeting was
held on January 12, 2011 with 28 attendees, and a survey was distributed and posted
online, which received 298 responses.
Following distribution of the Final EIS, CATS held a public meeting regarding the real
estate acquisition process on September 27, 2011, and a public meeting on the Final
EIS on October 11, 2011.
The Notice of Availability for the Final EIS was published in the Federal Register on
October 14, 2011, and a mandatory 30 -day review period from October 14, 2011
through November 14, 2011 was provided on the Final EIS. In addition, the Notice of
Availability was advertised in The Charlotte Observer, Charlotte Post, La Noticia and
Que Pasa newspapers and in mailings to interested and affected persons. Notices were
provided in both English and Spanish.
COMMENTS ON THE FINAL EIS
During the Final EIS review period, four (4) agencies and ten (10) persons submitted written
comments. Agency comments were received from the NC Department of Environment and
Natural Resources, Division of Water Quality; Mecklenburg County Land Use and
Environmental Services Agency, the NC State Historic Preservation Office, and the US
Environmental Protection Agency. Public comments were received from the Citizens for
Efficient Mass Transit, six property owners, and three interested persons. Comments were
related to permits, operations, design, property impacts, impacts on historic resources, noise
and vibration impacts, business impacts, bus /rail planning, and visual impacts. The public and
agency comments on the Final EIS, as well as responses to the comments, are included in
Appendix C.
During the Final EIS review period, a request to participate as a consulting party in the Section
106 process was received from the property owner of the Grinnell Building, a contributing
building to the North Charlotte Historic District. On November 2, 2011, a meeting was held with
the property owner representative, the North Carolina State Historic Preservation Office, FTA,
and CATS. The request letter, meeting minutes, and response from FTA are included in
Appendix C. The finding of No Adverse Effect on the North Charlotte Historic District was not
changed as a result of the discussion. FTA requested that the property owner submit his
concerns as written comments on the Final EIS. On November 14, 2011, a comment letter was
received, outlining concerns related to the impact on the historic district, as well as the potential
economic impact on the property related to changes in vehicular and pedestrian access to the
property. The Final EIS comment letter and response are included in Appendix C.
As a result of public and agency comments, three mitigation commitments in addition to those
identified in the Final EIS were made. These commitments are included in Appendix B,
Mitigation Commitments and Monitoring Plan.
Record of Decision
Northeast Corridor Light Rail Project
LYNX
Blue Line
Extension
Potential impacts due to the 36th Street grade separation have been identified as a
concern by the property owner of the Grinnell Building. The Charlotte - Mecklenburg
Planning Department will complete a station area plan for each of the stations on the
BLE, including the 36th Street Station. The plan will identify opportunities and constraints
in the station area, and provide recommendations for land use policy, a streetscape
plan, and guidance for infrastructure investments. The development of the station area
plan is scheduled to begin in 2012. The process will include public involvement and the
opportunity for interested parties, including property owners, to provide input.
2. For the permanent well closure for the well located on the UNC Charlotte Campus, a
permit from the Mecklenburg County Health Department will be obtained as required.
3. Relative to a potential business impact on the Hight Veterinary Hospital from noise
related to light rail operations, CATS will monitor and assess conditions at this business
once the system is constructed and light rail is in operation. If noise impacts do occur,
then mitigation measures will be identified and employed.
UPDATES SINCE THE FINAL EIS
Following are the changes to the project that were not addressed in the Draft EIS or Final EIS
and /or items that need additional explanation.
Since publication of the Final EIS, 45 new parcels were identified for full or partial
acquisition, including 3 additional full acquisitions (railroad properties), 13 partial
acquisitions, 25 temporary construction easements (TCEs), and 7 permanent easements
have been identified as needed for the project. These changes were identified as a
result of completion of 65% Preliminary Engineering Design Plans. In addition, one
potential residential relocation was identified of an on -site caretaker of a commercial
property. It should also be noted that the number of relocations identified in the Final
EIS refers to parcels, and some of the parcels contain multiple units with potentially
affected tenants or lessees. No additional environmental impacts are expected to occur
with these changes. The property owners were notified as part of the Final EIS and real
estate public outreach processes, prior to the conclusion of the public review and
comment period; therefore the affected parties also had the opportunity to provide
comment as part of the Final EIS.
As a result of completion of 65% Preliminary Engineering Design Plans, impacts to water
resources have been refined. Total estimated stream impacts increased from 3,304
linear feet to 3,312 linear feet. Total wetlands impacted increased from 0.462 acres to
0.524 acres. The NC Department of Natural Resources, Water Quality Division and the
US Army Corps of Engineers were notified of these changes at a pre - application permit
coordination meeting on October 20, 2011.
On November 10, 2011, the North Carolina State Historic Preservation Office (SHPO)
notified CATS of a potential impact from the BLE project to a historic railroad trestle on
the Mecklenburg Mill, a contributing resource to the North Charlotte Historic District.
CATS determined that a timber railroad trestle is located behind the mill building within
the existing railroad right -of -way. The track installation for the LYNX BLE would
necessitate demolition of the railroad trestle. A team of structural engineers and
historians evaluated the structure. Based on the condition of the trestle, CATS
recommended to SHPO that the trestle no longer contributes to the Mecklenburg Mill or
to the North Charlotte Historic District, and, as such, the proposed demolition of the
trestle by the BLE project would not result in negative impacts to the Mecklenburg Mill or
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
the North Charlotte Historic District. Therefore, CATS recommended that the previous
finding of No Adverse Effect for the North Charlotte Historic District remains valid. On
December 1, 2011, SHPO concurred with the No Adverse Effect finding. Documentation
on the finding is included in Appendix C.
MEASURES TO MINIMIZE HARM
Measures to minimize harm to the human and natural environments have been considered
throughout project development and in consultation with interested agencies. Reasonable
means to avoid or minimize environmental impacts of the project have been considered and
implemented to the extent practicable. CATS will design and incorporate into the project all
mitigation measures included in the Final EIS for the LYNX Blue Line Extension, commitments
in response to comments on the Final EIS, and those measures identified during final design.
FTA will require in any future funding agreement on the project and as a condition of any future
grant or Letter of No Prejudice for the project, that all committed mitigation be implemented in
accordance with the Final EIS. FTA will require that CATS periodically submit written reports on
its progress in implementing the mitigation commitments. FTA will monitor this progress through
quarterly review of final engineering and design, land acquisition for the project, and
construction of the project. The measures to minimize harm are fully described in the Final EIS
and are summarized in Appendix B of this document.
DETERMINATIONS AND FINDINGS
Section 106 Compliance
FTA has determined, in coordination with the North Carolina State Historic Preservation Office
(SHPO), the Preferred Alternative will result in No Effect or No Adverse Effect on the nine (9)
historic resources in the corridor.
Department of Transportation Act, Section 4(f) Determination
Due to the minor land acquisitions that will result in a transportation "use" of historic resources
and the No Adverse Effect determinations by which the State Historic Preservation Office
(SHPO) has concurred, FTA has determined that the Preferred Alternative will have a de
minimis impact on the following historic resources:
• Orient Manufacturing Company /Chadwick Hoskins No. 3 (NR- Listed)
• North Charlotte Historic District (NR- Listed)
• Herrin Brothers Coal and Ice Company Plant (NR- Eligible)
• Standard Chemical Products Plant (NR- Eligible)
• General Motors Corporation Training Plan (NR- Eligible).
On January 28, 2010, FTA and CATS notified SHPO of the proposed de minimis finding, and
SHPO concurred on February 3, 2010. Public input on the de minimis finding was sought
during the Draft EIS circulation period, and no comments were received.
FTA has also determined that there will be a de minimis impact to the Toby Creek Greenway
Record of Decision
Northeast Corridor Light Rail Project
LYNX
Blue Line
Extension
The Preferred Alternative requires an easement to cross over the greenway on a bridge
structure. During construction, a portion of the greenway may have to be temporarily closed;
however, access to the greenway will not be permanently interrupted. CATS and FTA informed
the Mecklenburg County Parks and Recreation Department of the proposed de minimis finding,
and MCPR concurred. Public input on the de minimis finding was sought during the Draft EIS
circulation period, and no comments were received.
Conformity with Air Quality Plans
On the basis of the determinations made in compliance with relevant provisions of federal law,
FTA finds that the LYNX Blue Line Extension project satisfies the requirements of NEPA, the
Clean Air Act of 1970 and 1990, as amended and the U.S. Department of Transportation Act of
1966, as amended.
The project is included in the conforming Mecklenburg -Union Metropolitan Planning
Organization's 2035 Long Range Transportation Plan ( MUMPO, 2010), and in the conforming
FY2009 -2015 Transportation Improvement Program (2008). These plans assume that the
LYNX BLE would be constructed by 2025. On May 3, 2010, based on the conformity
determinations and comments by the U.S. Environmental Protection Agency (EPA), the Federal
Highway Administration and FTA issued its finding that the MUMPO 2035 LRTP and FY2009 —
2015 TIP conform to the purposes of the State Implementation Plan (SIP).
Section 404 of the Clean Water Act
Coordination with federal, state and local regulatory agencies was conducted in compliance with
Section 404 of the Clean Water Act. The project will permanently impact approximately 3,312
linear feet of streams and approximately 0.524 acre of wetlands, requiring a Section 404 permit
from the U.S. Army Corps of Engineers. The reported stream and wetlands impacts account for
the potential temporary and permanent impacts as a result of construction and operation of the
Preferred Alternative. The permit application will require the discussion of the measures
employed throughout planning and design in order to avoid /minimize impacts to waters of the
U.S. The 404 permit application must also include a compensatory mitigation proposal, which
outlines the plan to provide compensation to offset permanent losses of waters of the U.S.
The environmental record for the LYNX Blue Line Extension Northeast Corridor Light Rail
Project is included in the Draft EIS (August 2010) and Final EIS (August 2011). These
documents represent the detailed analysis and findings required by NEPA and by 49 U.S.C.
Section 5324 (b), and include:
• the environmental impacts of the proposed project;
• adverse environmental effects that cannot be avoided should the proposed project be
implemented;
• alternatives to the proposed project; and,
• irreversible and irretrievable impact on the environment that may be involved in the
proposed project should it be implemented.
On the basis of the evaluation of social, economic and environmental impacts contained in the
Final EIS and the written and oral comments offered by the public and by other agencies, the
FTA has determined that:
• - • Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
adequate opportunity was afforded for the presentation of views by all parties with a
significant economic, social, or environmental interest;
fair consideration has been given to the preservation and enhancement of the environment
and to the interest of the community in which the proposed project is located; and,
all reasonable steps have been taken to minimize adverse environmental effects of the
proposed project, and where adverse environmental effects remain, there exists no feasible
and prudent alternative to avoid or further mitigate such effects.
On the basis of the environmental record for this project, FTA finds that the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. Section 4332); Federal Transit Laws (49
U.S.C. Section 5301 (e), Section 5323(b) and Section 5324(b)); the Clean Air Act of 1970, as
amended; 49 U.S.C. Section 303 (formerly Department of Transportation Act of 1966, Section
4(f)); National Historic Preservation Act of 1966, Section 106 (16 U.S.C. Section 470f);
Executive Order 11988 (Floodpiain Management); Executive Order 12898 (Environmental
Justice); the Federal Clean Air Act Amendments of 1990; the Endangered Species Act of 1973,
16 U.S.C. Section 1531; Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, 42 U.S.C. Section 4601; Section 402 of the Clean Water Act, 33 U.S.C, Section
1342; and other applicable legal and program requirements have been satisfied for the LYNX
Blue Line Extension Northeast Corridor Light Rail Project in Charlotte, North Carolina.
,44/Yvette G. Taylor
Regional Administrator, Region IV
Federal Transit Administration
Appendix A: Preferred Alternative
Appendix B: Mitigation Commitments and Monitoring Plan
Appendix C: Public and Agency Comments on the Final EIS
l �— 11
Date
Record of Decision -
LYNX
Northeast Corridor Light Rail Project Blue Line
Extension
APPENDIX A
PREFERRED ALTERNATIVE
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Record of Decision
{Future)
Record of Decision
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LYNX Existing Light Rail Transit Major Roads
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Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
APPENDIX B
MITIGATION COMMITMENTS AND MONITORING PLAN
Record of Decision
LYNX
Northeast Corridor Light Rail Project Blue Line
Extension
MITIGATION COMMITMENTS AND MONITORING PLAN
The mitigation measures and other project features that reduce impacts, to which the FTA and
the grantee committed in the Final EIS, are set forth in the table below. These mitigation
measures may not be eliminated from the project, except by the FTA's written consent following
a supplemental environmental review. FTA will determine the appropriate level of supplemental
environmental review in this case.
This summary table is provided in the Record of Decision to facilitate the monitoring of the
implementation of the mitigation measures during final design and construction of the project.
The detailed descriptions of the mitigation measures in the Final EIS remain in effect. It is the
responsibility of the project sponsor, Charlotte Area Transit System (CATS), to ensure that the
mitigation commitments are accomplished in accordance with the Final EIS and Record of
Decision.
Record of Decision
Northeast Corridor Light Rail Project
Table 1 - Mitigation Commitments and Monitoring Plan
LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Responsible
Timing
Status
Monitoring
Party
Traffic
The mitigation to address project impacts
The mitigation measures
1
have been included in the 65% Preliminary
will be included in the traffic
design and signal
CATS
Final Design &
Engineering Design Plans, including grade
operations plans and
Construction
separations, signalized grade crossings, and
specifications.
turn lanes.
Land Use
The Charlotte - Mecklenburg Planning
Department will complete Station Area Plans
for each of the stations along the BLE that
define a framework for future growth and
development.
Potential impacts due to the 36th Street grade
The Charlotte - Mecklenburg
separation have been identified as a
Planning Department will
concern. The Charlotte - Mecklenburg
continue develop ment and
adoption of Station Area
Charlotte -
Final Design,
Planning Department will complete a station
Mecklenburg
Construction, &
area plan for the 36 Street Station. The
Corridor. The 36 m Street
Planning
Operation
plan will identify opportunities and constraints
station area plan
Dept.
in the station area, and provide
development scheduled
recommendations for land use policy, a
to begin in 2012.
streetscape plan, and guidance for
infrastructure investments. The
development of the station area plan is
scheduled to begin in 2012. The process will
include public involvement and the
opportunity for interested parties, including
property owners, to provide input.
Neighborhoods
Once the BLE is in
Overflow parking in neighborhoods near light
operation, CATS Safety and
rail stations will be monitored. Corrective
Security will monitor station
3
actions to provide additional parking will be
areas, and investigate any
CATS
Operation
made and /or parking enforcement will be
complaints of overflow
instituted, if necessary.
parking in neighborhoods
near light rail stations.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Responsible
Timing
Status
Monitoring
Party
Community Facilities
Coordination with emergency service
4A
providers to ensure that design allows
Addressed through the Fire
CATS
Final Design &
access for these services and that the
& Life Safety Committee.
Construction
efficiency of emergency services is not
impeded.
Community Facilities
CATS will coordinate with
413
Coordination with CIVIC-University regarding
CIVIC-University during final
CATS
Final Design &
the type and location of directional signage.
design regarding location of
Construction
directional signage.
Environmental Justice
Noise mitigation for residential properties
located within EJ communities of concern will
Include in design and
Final Design &
5
be required, including use of a rail automated
construction drawings.
CATS
Construction
friction modifier, noise barriers, sound
insulation, specially- engineered trackwork
and vibration isolation treatments.
Visual And Aesthetic
Design project elements
Implementation of the design treatments per
consistent with the BLE
CATS & City
Final Design &
6A
the project's Design Criteria, Urban Design
Design Criteria, Urban
Planning
Construction
Framework, to the extent practical.
Design Framework, to the
Department
extent practical.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Monitoring
Responsible
Party
Timing
Status
Visual And Aesthetic
Coordination with property owners to discuss
CATS /City Real Estate will
the following proposed mitigation:
discuss landscaping
• For the six affected properties in
mitigation with property
Hampshire Hills, landscaping is
owners during real estate
proposed along the project fencing,
acquisition process.
where right of way permits. The
landscaping may need to be placed on
CATS will coordinate with
private property, if there is not sufficient
CMC- University during final
CATS & City
ROW, Final
613
public right of way available; this would
design regarding location of
Real Estate
Design, &
be subject to agreement from the
directional signage.
Division
Construction
affected property owners.
• Additional directional signage to improve
CATS will coordinate with
way- finding to CMC- University and
businesses along North
retain visibility to the hospital.
Tryon Street during final
• Coordination with businesses along
design regarding location of
North Tryon Street to relocate business
business signage and
signage as needed and other design
project design.
elements to minimize visual impacts.
CATS will provide design
Visual And Aesthetic
plans to UNC Charlotte for
Continued coordination with stakeholders
review and comment.
and potentially affected groups regarding
CATS will regularly
6C
potential visual impacts: UNC Charlotte to
communicate with
CATS
Final Design &
ensure consistency with campus design
University City Partners
Construction
guidelines; and University City Partners to
regarding the property
provide information to affected business
acquisition process, design
owners.
and construction of the
project.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Responsible
Timing
Status
Monitoring
Party
Parklands
Include in contract
Toby Creek Greenway - Vegetative screens
specifications.
will be maintained to the extent practical;
CATS will coordinate with MCPR to ensure
CATS will continue to
the light rail bridge over the greenway would
coordinate with MCPR at
not conflict with the greenway, and to
each design stage.
Final Design &
7
minimize impact to trail operations during
CATS
Construction
construction. An alternative route will be
Include in contract
provided and attempts will be made to
specifications, requirement
coordinate closure during a period of least
to notify CATS and MCPR
activity. CATS will notify MCPR 48 hours in
48 hours in advance of
advance of temporary closure of greenway
temporary closure of
due to construction.
greenway.
Forests
Trees and landscaping will replace
Include in design plans and
Final Design &
8
vegetation loss. Park -and ride lots will
specifications.
CATS
Construction
comply with Charlotte Tree Ordinance,
which requires 8 percent coverage.
Threatened and Endangered Species
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
Include in contract
plant will be collected and subsequently
specifications.
9A
sown /scattered in newly disturbed areas,
CATS
Final Design &
such as along road /rail embankments
CATS will coordinate with
Construction
associated with project construction.
the NCNHP.
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.
Wildlife
Include in contract
CATS
Construction
9B
Survey for migratory bird nesting sites will
specifications.
be completed if it becomes evident that
migratory birds are utilizing the project area.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Responsible
Timing
Status
Monitoring
Party
Groundwater
Although no groundwater impacts are
anticipated, a well located on the UNC
Charlotte campus within the proposed
project alignment is no longer in use. CATS
and /or UNC Charlotte will complete the
Complete the well
abandonment/closure process to seal the
abandonment / closure
CATS/UNC
10
well per NC Department of Environment and
process prior to
Charlotte
Final Design
Natural Resources (DENR) requirements. A
construction.
permit will be obtained as required from the
Mecklenburg County Health Department,
and the closure will comply with the
requirements of the Mecklenburg County
Groundwater Well Regulations Chapter II
Section XIII.
Surface waters
Design will continue to minimize impacts to
Include as part of
streams through the limited use of riprap at
construction plans and
pipe inlets and outfalls; the relocation of
contract specifications.
channels using natural channel design
techniques where practicable; and
Purchase of compensatory
preservation of stream banks at proposed
stream mitigation credits
11
bridge crossings. Compensatory mitigation
from the Charlotte Umbrella
CATS
Final Design &
will be made through the Charlotte Umbrella
Stream and Wetland
Construction
Stream and Wetland Mitigation bank when
Mitigation bank, required
impacts are unavoidable and as required by
by the Clean Water Action
the Clean Water Act and as determined in
Section 404 individual
coordination with the U.S. Corps of
permit and Section 401
Engineers and the North Carolina
Water Quality Certification.
Department of Environment and Natural
Resources, Division of Water Quality.
Floodplains and floodways
FEMA No Rise Certification
Bridge design will continue to minimize
and a Conditional Letter of
impacts to floodplains and floodways.
Map Revision (CLOMR) will
12
Continued coordination with Charlotte and
be obtained for the crossing
CATS
Final Design
Mecklenburg County Stormwater Services
of Little Sugar Creek and
will be made for continued input into the
Toby Creek.
project design.
Record of Decision
Northeast Corridor Light Rail Project
LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Monitoring
Responsible
Party
Timing
Status
Wetlands
Additional efforts to avoid and minimize
impacts to wetlands will continue to be made
during preliminary engineering design,
Include as part of
including: steepening fill slopes where
construction plans and
practicable; use of retaining walls or similar
contract specifications.
structures; locating construction staging and
access areas away from wetlands; and
Purchase of compensatory
demarcating preserved wetland areas prior
wetland mitigation credits
Final Design &
13
to construction. Compensatory mitigation will
from the NC DENR
CATS
Construction
be made through the North Carolina
Ecosystem Enhancement
Department of Environment and Natural
Program (EEP), as required
Resources (DENR) Ecosystem
by the Clean Water Action
Enhancement Program (EEP) when impacts
Section 404 individual
are unavoidable, and as required by the
permit and Section 401
Clean Water Act and as determined in
Water Quality Certification.
coordination with the U.S. Corps of
Engineers and the North Carolina Division of
Water Quality.
Air Quality
Coordination with Mecklenburg County Land
Meet requirements to obtain
Use & Environmental Services Agency to
Transportation Facilities
14
comply with air quality modeling
Construction Permit for the
CATS
Final Design
requirements for Transportation Facilities
parking garages.
Construction Permits for the proposed
parking garages.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Responsible
Timing
Status
Monitoring
Party
Noise and Vibration
Noise mitigation measures include use of a
Include in design and
rail automated friction modifier, noise
construction drawings.
barriers, sound insulation, specially -
engineered trackwork. Vibration mitigation
measures include the use of ballast mats.
Specific mitigation recommendations will be
coordinated with affected property owners.
15
Relative to a potential business impact on
Follow -up with Hight
the Hight Veterinary Hospital from noise
Veterinary Hospital and
related to light rail operations, CATS will
monitor for potential
monitor and assess conditions at this
business impacts as a
business once the system is constructed and
result of potential noise
light rail is in operation. If noise impacts do
impacts to domestic
occur, then mitigation measures will be
animals at the veterinary
identified and employed.
hospital.
Hazardous and Contaminated Materials
Conduct Phase II ESAs for
Phase II ESAs will be performed, or if
property acquisitions with
available, existing Phase II ESA reports will
significant risk of hazardous
be reviewed, for all full and partial property
contamination.
acquisitions determined to be at significant
risk of hazardous materials contamination
Remediate hazardous
which would impact the LYNX BLE
materials contamination in
ROW, Final
16
construction schedule. Remediation in
accordance with local and
CATS
Design &
accordance with local and state regulations.
state regulations.
Construction
For sites of low concern, a special provision
will be included in the construction contract
Include a special provision
for the excavation and disposal of non-
in the construction contract
hazardous contaminated sites.
for the excavation and
disposal of non - hazardous
contaminated sites.
Safety and Security
Ensure design review and
Design review by CATS Safety and
safety and security
Security /CMPD, NCDOT Safety Oversight,
certification of project
Final Design &
17
and Charlotte Department of Transportation
design and construction.
CATS
Construction
to ensure design meets safety and security
requirements. Continued public outreach
Continue railroad safety
regarding railroad safety.
public outreach program.
Record of Decision
Northeast Corridor Light Rail Project
LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Responsible
Timing
Status
Monitoring
Party
Acquisitions and Displacements
Comply with the Uniform
CATS & City
ROW, Final
18
Uniform Relocation Assistance and Real
Relocation Assistance and
Real Estate
Design &
Property Acquisition Policies Act will be
Real Property Acquisition
Division
Construction
followed.
Policies Act.
Construction (Utility)
Coordinate with utility
• Coordinate with utility owners to ensure
owners and monitor re-
maintenance of utility services and timely
location activities and
Final Design &
19
relocation
schedule. Relocation
CATS
Construction
• Relocate, remove and protect existing
agreements to be executed
utilities.
with Duke Energy and
AT &T.
Construction (Transportation, Traffic and
Develop Maintenance of
Parkin
Traffic Plan and coordinate
• Schedule construction activities that
with railroads and local and
require lane or road closures during off-
state transportation
peak hours, where practical.
departments. Include as
Final Design &
20
• Develop Maintenance of Traffic Plan.
part of construction plans
CATS
Construction
• Coordinate freight schedule and
and contract specifications.
construction activities with the railroads.
Monitor contractor
compliance during
construction.
Construction (Land Use, Community
Develop construction
Facilities and Businesses)
sequencing and
• Coordinate with local business owners
maintenance of traffic plans
and provide advance notification of
that ensure access to
roadway disruptions and descriptions of
businesses and community
21
alternative routes.
facilities is maintained
CATS
Final Design &
• Maintain access to community facilities
during construction. Include
Construction
throughout construction by providing
in construction plans and
alternative routes when necessary.
contract specifications.
Monitor contractor
• Provide temporary entrance signs during
compliance during
construction.
construction.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Responsible
Timing
Status
Monitoring
Party
Construction (Visual and Aesthetic)
• Shield and aim night work lights directly at
the work zone.
Include in contract
22
• Stage construction activities to limit the
specifications. Monitor
CATS
Final Design &
duration of impacts at individual locations.
contractor compliance
Construction
• Where practical, restore existing
during construction.
vegetation that serves as a buffer to
adjacent properties.
Develop and implement
Construction (Neighborhoods, Community
Construction Education and
Services and Environmental Justice)
Outreach Plan, including
• Inform local property owners, through the
communication with
Construction Education and Outreach
property owners and
Plan, of roadway disruptions.
community service
Final Design &
23
• Provide continuous coordination with
providers.
CATS
Construction
community service providers to maintain
access for emergency vehicles.
Include access restrictions
• Restrict contractors from accessing the
in contract specifications.
railroad right -of -way through the
Monitor contractor
Hampshire Hills neighborhood.
compliance during
construction.
Construction (Air Quality)
• Shut off construction equipment not in
direct use.
• Water areas of exposed soil to control
dust.
• Cover open body trucks transporting
Include mitigation
materials to and from construction sites.
requirements Include in
• Reroute truck traffic away from schools
construction plans and
Final Design &
24
and residential communities when
contract specifications.
CATS
Construction
possible.
Monitor contractor
• Repave and /or replant exposed areas as
compliance during
soon as possible following construction.
construction.
• Adequately secure tarps, plastic or other
material over debris piles.
• Prohibit idling of delivery trucks or other
equipment during periods of extended
unloading or inactivity.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Monitoring
Responsible
Party
Timing
Status
Construction (Noise and Vibration)
• Construction activities will be carried out
in compliance with all applicable local
noise regulations including the City of
Charlotte Noise Ordinance, FTA
guidelines and UNC Charlotte specified
parameters.
o At UNC Charlotte, construction will
not be allowed near residence halls
prior to 8:00 am nor within 200 feet
of campus buildings during the week
of final exams.
• Contractors will prepare a Construction
Noise and Vibration Control Plan.
• Contractor(s) will involve an Acoustical
Engineer to ensure noise and vibration
levels are effectively managed and
Include in construction
excessive noise and vibration is
plans and contract
Final Design &
25
prevented.
p
specifications. Monitor
CATS
Construction
• Contractors will provide a phone
contractor compliance
number and /or website for
during construction.
community complaints, and the
Acoustical Engineer will respond
and coordinate with the Construction
Manager to resolve complaints.
• For blasting operations, contractors
will consult with nearby sensitive
receptors to schedule the least
disturbing times and provide
advance notice of blasting
operations. The contractor shall
prepare a Blasting Plan to be
approved by CATS and others
designated by CATS (e.g. UNC
Charlotte).
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Monitoring
Responsible
Party
Timing
Status
o For blasting operations near UNC
Charlotte, the contractor shall follow
specific notification procedures to avoid
damages to vibration sensitive
equipment. The contractor shall provide
a one -week advance notice of the start
of blasting operations. The contractor
shall facilitate a pre -blast meeting to
define the entire schedule and scope of
sequence of blasting. Blasting shall be
scheduled in batches to the extent
possible. The schedule shall be kept
current at all times. The contractor shall
provide a 24 -hour notification for each
blast.
• Contractors will conduct noise and
vibration monitoring at locations where
potential impact from construction
activities may occur.
25
• Contractors will conduct pre -
(continued)
construction and post- construction
surveys of buildings with the potential for
structural damage.
• Specific construction noise and vibration
measures to be implemented near
sensitive receptors will be identified by
the contractor in the Construction Noise
and Vibration Control Plan. General
noise mitigation measures including, but
not limited to: operational restrictions;
the use of alternative construction
methods and equipment *, locating
stationary equipment away from noise
sensitive sites; the use of shields,
shrouds or intake exhaust mufflers; the
use of special back -up alarms; rerouting
truck routes; use of temporary noise
barriers or noise blankets; use of static
rollers instead of vibratory rollers where
practicable; pier drilling stead of pile
driving where practicable.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Monitoring
Responsible
Party
Timing
Status
Construction (Natural Resources)
Best management practice (BMP) measures
will be followed by the contractor during
Include in construction
construction. BMP measures will include the
plans and contract
Final Design &
26
demarcation of the construction limits and
specifications. Monitor
CATS
Construction
staging areas prior to the initiation of
contractor compliance
construction, to limit the disturbances to the
during construction.
vegetative community. Encourage contractor
to send felled trees to a chipper.
Construction (Water Resources)
• Minimize disturbed areas.
• Apply prompt stabilization.
• Employ an Erosion and Sediment Control
Plan to treat stormwater runoff.
• Prevent the storage of fill or other
materials in floodplains, to the extent
practicable.
Include in construction
• Stage construction of proposed
plans and contract
27
stormwater systems to reduce the
specifications. Monitor
CATS
Final Design &
duration of construction disturbances to a
contractor compliance
Construction
given area.
during construction.
• Recycle topsoil removed during
construction by using it to reclaim
disturbed areas and enhance regrowth.
• Avoid excessive slopes during excavation
and blasting operations to reduce erosion.
• Use isolation techniques, such as
berming or diversion, for in- stream
construction near wetlands.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Monitoring
Responsible
Party
Timing
Status
Construction (Cultural Resources)
• Stop construction activities immediately
upon the discovery of any new cultural
resources.
• Contractors will prepare a Construction
Noise and Vibration Control Plan, and
conduct vibration monitoring during
Include in construction
construction.
plans and contract
• Contractors will be instructed to avoid
specifications. Monitor
adjacent historic sites through
contractor compliance
Final Design &
28
construction fencing or some other clearly
during construction.
CATS
Construction
understood construction /staging
technique.
Provide final design plans to
• The State Historic Preservation Office
SHPO for review.
(SHPO) will review the proposed
pile /panel walls along the edges of the
Herrin Brothers Coal and Ice site during
Final Design.
• Maintain minimum allowable distances
from historic resources, to the extent
practicable.
Include in construction
Construction (Parklands)
plans and contract
• Maintain access to trails and minimize
specifications. Monitor
temporary closures to the extent practical.
contractor compliance
• Notify MCPR 48 hours in advance of
during construction.
temporary closures of greenway due to
construction.
Include in contract
29
specifications, requirement
CATS
Final Design &
to notify CATS and MCPR
Construction
48 hours in advance of
temporary closure of
greenway. CATS to
coordinate with MCPR to
define an alternate route
during temporary closure of
greenway.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Responsible
Timing
Status
Monitoring
Party
Construction (Energy)
Measures to minimize energy consumption
Include in contract
during construction could include limiting the
specifications. Monitor
Final Design &
30
idling of construction equipment and
contractor compliance
CATS
Construction
employee vehicles, as well as locating
during construction.
staging areas and material processing
facilities as close as possible to work sites.
Construction (Hazardous and Contaminated
Materials )
Include in contract
• Dispose of hazardous materials according
specifications. Monitor
Final Design &
31
to applicable federal, state and local
contractor compliance
CATS
Construction
guidelines.
during construction.
• Clean construction vehicles to prevent off -
site contamination.
Construction (Safety and Security)
Include in contract
32
Provide construction barriers and fencing to
specifications. Monitor
CATS
Final Design &
secure construction sites and staging areas.
contractor compliance
Construction
during constructions.
Record of Decision
Northeast Corridor Light Rail Project LYNX
Blue Line
Extension
Mitigation ID Number
Mitigation Measure
Implementation and
Monitoring
Responsible
Party
Timing
Status
Secondary Effects
Implement Station Area Plan
recommendations to minimize potential
secondary impacts. Other measures:
• Affordable housing strategies to be
developed with station area plans;
Develop and implement
• Notification to the Landmarks
station area plans that will
Commission of National Register Eligible
include, as appropriate:
City Planning
properties that could be designated as
affordable housing
Dept.
Local Landmarks to afford them
strategies, public outreach,
protection;
consideration of impacts to
• Provide Convenient access to light rail
water resources and water
33
and bus services;
quality.
Final Design &
• Public outreach /education regarding the
Construction
benefits of transit supportive
development; public involvement in
station area plan development; and,
Complete Indirect and
• Coordination with City of Charlotte's
Cumulative Impacts
CATS
Stormwater Services to minimize impacts
analysis during the Section
to water resources and water quality
404/401 permitting process.
during the station area planning process.
• Completion of a detailed Indirect and
Cumulative Impacts analysis for water
resources and water quality during the
Section 404/401 permitting phase of the
project.
Cumulative Effects
• For the South Corridor Retrofit project, a
Complete a re- evaluation of
re- evaluation of the South Corridor Light
the South Corridor Light
Rail Project Final EIS will be undertaken
Rail Project Final EIS prior
to identify specific measures to mitigate
to implementation of the
potential impacts to the South Corridor
South Corridor Retrofit
34
and existing LYNX Blue Line.
project.
CATS
Final Design &
• Continued coordination with NCDOT's
Construction
Rail Division regarding the project
Work with NCDOT to
schedule of the Sugar Creek Grade
coordinate project
Separation Project and with NCDOT
schedules to minimize
regarding the project schedule of the
impact on the community.
Mallard Creek bridge replacement on N.
Tryon St.
Record of Decision
Northeast Corridor Light Rail Project
APPENDIX C
PUBLIC AND AGENCY COMMENTS ON THE FINAL EIS
AND RESPONSES TO COMMENTS
Record of Decision
LYNX
Blue Line
Extension
v�N9uRQ Q
r �
r �
o� H CAFO�®
MECKLENBURG COUNTY
Land Use and Environmental Services Agency
October 21, 2011
Judy Dellert- O'Keef
Charlotte Area Transit System
600 East Fourth Street, Ninth Floor
Charlotte, NC 28202
(704) 432 -0477
bluelineextension @charlottenc.gov
Re: LYNX Blue Line Extension (LYNX BLE) Final Environmental Impact Statement
Dear Ms. Harris,
Representatives of the Air Quality (MCAQ), Groundwater & Wastewater Services
(MCGWS), Solid Waste (MCSW), Storm Water Services (MCSWS), and Water Quality
(MCWQ) Programs of the Mecklenburg County Land Use and Environmental Services
Agency (LUESA) have reviewed the above referenced proposed project as submitted via
letter dated March 14, 2011. The comments below are submitted for your consideration.
Programs with No Comment at this Time
Solid Waste
Storm Water Services
Air Quality
Recommendations / Request for Consideration
Groundwater & Wastewater Services
Section 11.3.2.1 "Groundwater" states in part "Two project components that would
require excavation include the depression of 36th Street beneath the light rail and freight
tracks and carrying of the light rail below North Tryon Street/US -29 onto the UNC
Charlotte campus. There are no wells within the vicinity of the proposed project at 36th
Street; therefore, no groundwater impacts by well intrusion would be anticipated as a
result of excavation."
GWS records indicates that one water supply well located at 3600 Philemon Avenue
approximately 1,000 feet NNE the intersection of 36th Street and the freight tracks within
the vicinity of the proposed project excavation at 36th Street.
PEOPLE • PRIDE • PROGRESS • PARTNERSHIP
700 N. Tryon Street • Suite 205 • Charlotte, NC 28202 -2236 • (704) 336 -5500 • FAX (704) 336 -4391
www.4citizenhelp.co m
Page 2
Section 11.14.1.1 "Groundwater" of the Final Environmental Impact Statement states in
part "The well located on the UNC Charlotte campus within the proposed project
alignment is no longer in use. CATS and /or UNC Charlotte will complete the
abandonment/closure process per North Carolina Department of Environment and
Natural Resources (NCDENR) requirements prior to construction of the project."
A permit from the Mecklenburg County Health Department is required for abandonment
of this well. Permanent abandonment of water supply wells is governed by the
Mecklenburg County Groundwater Well Regulations Chapter II Section XIII.
Please feel free to contact myself or Mr. Dennis Tyndall
Dennis. T. ndall e,mecklenbur count. nnc.gov directly regarding the comment above.
Respectfully,
"t F"--
Heidi Pruess, Environmental Policy Administrator
Heidi.Pruessgmecklenbur cg ountync.gov
PEOPLE • PRIDE • PROGRESS • PARTNERSHIP
700 N. Tryon Street • Suite 205 • Charlotte, NC 28202 -2236 • (704) 336 -5500 • FAX (704) 336 -4391
www.4citizenhelp.co m
U
C, 1;. 1 A. Ilk" II _i1 Y I1
October 27, 2011
Ms. Heidi Pruess
Mecklenburg County
Land Use and Environmental Services Agency
700 N. Tryon Street, Suite 205
Charlotte, NC 28202 -2236
RE: LYNX Blue Line Extension Northeast Corridor Light Rail Project
Final Environmental Impact Statement Comments
Dear Ms. Pruess:
Thank you for your input regarding the proposed LYNX Blue Line Extension Northeast Corridor Light Rail
Project (LYNX BLE), This letter is in response to your comments on the LYNX BLE Final Environmental
Impact Statement (EIS), published by the Federal Transit Administration (FTA) in August 2011. We
appreciate your comments and want to ensure that all suggestions, objections and concerns are carefully
considered before final project decisions are made. With regard to your concerns relative to groundwater,
we offer the following:
In assessing project impacts, the water supply well noted at 3600 Philemon Avenue was considered in
the groundwater impact analysis. It is one of the ten privately -owned wells indentified within 2,000 feet of
the LYNX BLE and is depicted in Figure 4 of the supporting technical report entitled Natural Resources
Technical Report (NRTR) prepared for the LYNX BLE. As noted in Chapter 11.0: Water Resources and in
Chapter 18.0: Construction of the Final EIS, geotechnical soil borings were done for the study area
locations that would require a decrease in surface elevations (i.e., cuts), and the depth to groundwater at
these boring locations was noted. The depth to groundwater in these proposed cut areas, and the
proposed surface elevations were reviewed to determine where the groundwater would be closest to the
proposed surface elevation. This review indicated that the proposed 36th Street underpass area would
come nearest to intercepting the groundwater table in the development areas to be cut. The shallowest
depth to groundwater at the proposed 36th Street underpass would be approximately five feet from the
surface. Therefore, it has been determined that groundwater would not be encountered during the
proposed development activities. This decreases the potential for contaminating the groundwater from
spills during construction, and impacts to the water supply well located at 3600 Philemon Avenue are thus
not anticipated. Additionally, as noted in Section 11.3.2.1 of the Final EIS, water supply wells, including
the subject water supply well, would not be affected by the operation of the light rail vehicles because the
vehicles do not have gasoline or oils that could spill and contaminate groundwater. Additionally, each
station location (including the 36th Street Station) and park - and -ride facility would implement best
management practice (BMP) measures for the collection and treatment of stormwater runoff.
Continued ...
www.ridetransit.org
ct»,W0J'Z=A&,FAa neanWITNYWAGis 600 East Fourth Street
Charlotte, NC 28202
PH: 704- 336.6917
FAX: 704 - 353.0797
Page 2
Ms. Heidi Pruess
With regards to the out -of- service water supply well identified on the University of North Carolina at
Charlotte (UNC Charlotte) campus, it would be closed as noted in Chapter 11.0: Water Resources,
Chapter 18.0: Construction and in your letter. As indicated in the aforementioned chapters of the Final
EIS, CATS and /or UNC Charlotte will complete the closure/abandonment process per North Carolina
Department of Environment and Natural Resources (NCDENR) requirements prior to construction. As
such, a permit from the local health department, i.e., Mecklenburg County Health Department, will be
obtained prior to closure/abandonment.
The FTA is currently developing the Record of Decision (ROD) for the LYNX BLE. The ROD will take into
consideration all comments received on the Final EIS and will include responses to agency and public
comments that were received. As such, your comments, as well as this letter will be included in the ROD.
The required permit from the Mecklenburg County Health Department will be included in the mitigation
commitments in the ROD. It is anticipated that the ROD will be issued in late 2011. If the proposed project
is approved, all mitigation measures indentified in the Final EIS will be incorporated into the ROD.
Subsequent to the ROD, the next steps would be property acquisition and final design, followed by
construction. It is currently anticipated that the LYNX BLE would open for revenue service in late 2016 1
early 2017.
Again, thank you for your comments on the LYNX BLE and for your interest in this project. If you have
any questions, please contact me at kgoforth@charlottenc.gov or 704- 336 -3513.
Sincerely,
Kelly R. Goforth
Project Development Manager
C: Danny Rogers, Senior Project Manager, CATS
Brian Smart, Environmental Protection Specialist, FTA Region IV
Keith Melton, Community Planner, FTA Region IV
November 7, 2011
Kelly Goforth, Project Development Manager
Charlotte Area Transit System
600 East Fourth Street
Charlotte, NC 28202
Subject: Comments on the Final Environmental Impact Statement (FEIS) Related to the Proposed LYNX
Blue Line Extension Northeast Corridor Light Rail, from Center City Charlotte to IA85 at North
Tryon Street
Dear Ms. Goforth:
This office has reviewed the above referenced document dated August 2011. The NC Division of Water Quality
(NCDWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of
the U.S., including wetlands. It is our understanding that the project as presented will result in impacts to jurisdictional
wetlands, streams, and other surface waters. NCDWQ offers the following comments based on review of the
aforementioned document:
Project Specific Comments:
Little Sugar Creek, Doby Creek and Mallard Creek are Class C, 303(d) Listed Waters of the State. Little Sugar
Creek is on the 303(d) list for impaired uses for aquatic life for copper and mercury. Doby Creek is on the 303(4)
list for impaired uses for aquatic life for impaired ecological integrity. Mallard Creek is on the 303(d) list for
impaired uses for aquatic life for copper and turbidity. NCDWQ is very concerned with sediment and erosion
impacts that could result from this project. NCDWQ recommends that the most protective sediment and erosion
control BMPs be implemented in accordance with Design Standards in Sensitive Watersheds to reduce the risk of
nutrient runoff to Little Sugar, Doby and Mallard Creeks. NCDWQ requests that project design plans provide
treatment of the stormwater runoff through best management practices as detailed in the most recent version of
NCDWQ Storm water Best Management Practices.
2. Based on DWQ site visits (conducted prior to the issuance of the FEIS) and subsequent meetings with the
Charlotte Area Transit System (CATS) staff and their consultants, DWQ concurs with the selection of the Locally
Preferred Alternative (LPA), "Light Rail Alternative ", for this project. Please be advised, however, that sufficient
justification, including avoidance and minimization, for impacts associated with the recommended alternative,
"Light Rail Alternative" will be required prior to the issuance of a 401 Water Quality Certification due to the
existence of an alternative that would result in a reduction of 1,113 linear feet of stream impact. This shall include
the use of riprap aprons at the outlet of culverts. NCDWQ would encourage the use of alternate energy
dissipation methods at culvert outlets which would result in less stream impact (i.e., scour holes, proper culvert
burial, floodplain benches, riprap on streambanks only).
3. CATS staff has advised DWQ that the construction of a multi -use path may be incorporated into the project,
adjacent to the rail corridor near Stream "P ". Please be advised, as indicated above, sufficient justification,
including avoidance and minimization will be required prior to the issuance of a 401 Water Quality Certification.
Additionally, the environmental documents shall be updated accordingly to address this issue.
Mooresville Reg ionaI Office
Location: 610 East Center Ave., Suile301 McoresvWe, NC 28115 �rOtie
Phone: (704)663 -16991 Fax: (704) 663 -60401 Customer Service: 1- 877 - 623 -6748 tv One oliz a
Internet: hft :11 orlal.nWenr.or lweblw � ort /arofi
An Equal Opportuplty l A#firmaSve Acfon Emp' over - 5V'. RecycW110% Post Consumer paper {� / ��`tura + ff
Kelly Goforth
Page Two
4. Impacts to jurisdictional resources due to utility relocations have not been addressed in the FEIS. If impacts to
jurisdictional resources are required due to utility relocations, they must be identified in the 401 Water Quality
Certification and the appropriate avoidance and minimization measures implemented.
5. The FEIS indicates that the width of the rail corridor was selected to accommodate potential, future high speed
rail. This high speed rail would be located toward the center of the proposed corridor, with the proposed LYNX
Blue tine Extension being located to the edge of the corridor. Please be advised that DWQ will not authorize any
impacts to jurisdictional resources beyond the proposed corridor, as the proposed corridor represents a "worst -
case scenario ".
s. Please be advised that proposed on -site mitigation will not be accepted unless the applicant can demonstrate
natural channel design of relocated streams can be achieved. This will also require the establishment of a 50 foot
forested buffer along both sides of the relocated stream. In the event that off -site mitigation is required, the
mitigation plan shall be designed to replace appropriate lost functions and values. The NC Ecosystem
Enhancement Program (EEP) andlor the Charlotte Umbrella Stream and Wetland Mitigation Bank may be
available for use as stream mitigation.
General Comments:
7. The environmental document should provide a detailed and itemized presentation of the proposed impacts to
wetlands and streams with corresponding mapping. If mitigation is necessary as required by 15A NCAC
2H.0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental
documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality
Certification.
8. Environmental impact statement alternatives shall consider design criteria that reduce the impacts to streams and
wetlands from storm water runoff. These alternatives shall include road designs that allow for treatment of the
storm water runoff through best management practices as detailed in the most recent version of NCDWQ's
Stormwater Best Management Practices Manual, July 2007, such as grassed swales, buffer areas, preformed
scour holes, retention basins, etc.
9. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the
applicant is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to
wetlands (and streams) to the maximum extent practical. In accordance with the Environmental Management
Commission's Rules (15A NCAC 2H.0506(h)), mitigation will be required for impacts of greater than 1 acre to
wetlands. In the event that mitigation is required, the mitigation plan shall be designed to replace appropriate lost
functions and values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation.
10. In accordance with the Environmental Management Commission's Rules {15A NCAC 2H.0506(h)), mitigation will
be required for impacts of greater than 150 linear feet to any single stream. In the event that mitigation is
required, the mitigation plan shall be designed to replace appropriate lost functions and values. The NC
Ecosystem Enhancement Program may be available for use as stream mitigation.
11. Future documentation, including the 401 Water Quality Certification Application, shall include an itemized listing of
the proposed wetland and stream impacts with corresponding mapping.
12. NCDWQ is very concerned with sediment and erosion impacts that could result from this project. The applicant
shall address these concerns by describing the potential impacts that may occur to the aquatic environments and
any mitigating factors that would reduce the impacts.
13. The applicant is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and
clearing, and rip rap to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact
calculations. These impacts, in addition to any construction impacts, temporary or otherwise, also need to be
included as part of the 401 Water Quality Certification Application.
Kelly Goforth
Page Three
14. Where streams must be crossed, NCDWQ prefers bridges be used in lieu of culverts. However, we realize that
economic considerations often require the use of culverts. Please be advised that. culverts should be countersunk
to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality
wetlands or streams are impacted, a bridge may prove preferable. When applicable, the applicant should not
install the bridge bents in the creek,.to the maximum extent practicable.
15. Whenever possible, NCDWQ prefers spanning structures. Spanning structures usually do not require work within
the stream or grubbing of the streambanks and do not require stream channel realignment. The horizontal and
vertical clearances provided by bridges shall allow for human and wildlife passage beneath the structure. Fish
passage and navigation by canoeists and boaters shall not be blocked. Bridge supports (bents) should not be
placed in the stream when possible.
16. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre - treated through site - appropriate means (grassed swales, pre - formed scour holes, vegetated buffers, etc.)
before entering the stream. Please refer to the most current version of NCDWQ's Stormwater Best Management
Practices.
17. Sediment and erosion control measures should not be placed in wetlands or streams.
18. Borrow /waste areas should avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow /waste
areas will need to be presented in the 401 Water Quality Certification and could precipitate compensatory
mitigation.
19. The 401 Water Quality Certification application will need to specifically address the proposed methods for
stormwater management. More specifically, stormwater shall not be permitted to discharge directly into streams
or surface waters.
20. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may
require an Individual Permit (IP) application to the Corps of Engineers and corresponding 401 Water Quality
Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water
quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final permit
authorization will require the submittal of a formal application by the NCTA and written concurrence from
NCDWQ. Please be aware that any approval will be contingent on appropriate avoidance and minimization of
wetland and stream impacts to the maximum extent practical, the development of an acceptable stormwater
management plan, and the inclusion of appropriate mitigation plans where appropriate.
21. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing.concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
22. Temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and
elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody
species shall be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing
the area with chain saws, mowers, bush -hogs, or other mechanized equipment and leaving the stumps and root
mat intact allows the area to re- vegetate naturally and minimizes soil disturbance.
23. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation
of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert
diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life.
Design and placement of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or
upstream and down stream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how
to proceed and to determine whether or not a permit modification will be required.
Kelly Goforth
Page Four
24. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely
as possible including pipes or barrels at flood plain elevation, floodplain benches, and/or sills may be required
where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or
outlet end of structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage.
25. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved under
General 401 Certification Number 3687 1Nationwide Permit No. 6 for Survey Activities.
26. Sediment and erosion control measures sufficient to protect water resources must be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control Planning
and Design Manual and the most recent version of NCG010000.
27. All work in or adjacent to stream waters small be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock
berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
28. While the use of National Wetland Inventory (NWI) maps and soil survey maps are useful tools, their inherent
inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval.
29. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment shall be
inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic
fluids, or other toxic materials.
30. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
31. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible. Riparian
vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require any
additional information, please contact Polly Lespinasse at (704) 663 -1699.
Sincerely,
Robert B. Krebs, Regional Supervisor
Surface Water Protection Section
cc: Amanda Jones, US Army Corps of Engineers, Asheville Field Office (electronic copy)
Marla Chambers, NC Wildlife Resources Commission (electronic copy)
Marella Buncick, US Fish and Wildlife Service (electronic copy)
Sonia Carrillo, NCDWQ Central Office (electronic copy)
File Copy
C7
November 15, 2011
Mr. Robert Krebs
NCDENR — Division of Water Quality
Mooresville Regional Office
610 E. Center Avenue, Suite 301
Mooresville, NC 28115
RE: LYNX Blue Line Extension Northeast Corridor Light Rail Project
Final Environmental Impact Statement Comments
Dear Mr. Krebs:
Thank you for your input regarding the proposed LYNX Blue Line Extension Northeast Corridor Light Rail
Project (LYNX BLE). This letter is in response to your comments on the LYNX BLE Final Environmental
Impact Statement (EIS), published by the Federal Transit Administration (FTA) in August 2011. We
appreciate your comments and want to ensure that all suggestions, objections and concerns are carefully
considered before final project decisions are made. With regard to your concerns relative to water quality,
we offer the following:
Project Specific Comments:
Comment 1 (Water Resources): This comment was received from the North Carolina Department of
Environment and Natural Resources (NCDENR) Division of Water Quality (DWQ) following publication of
the Draft EIS. A response was previously provided and is included in the Final EIS in Chapter 23.0 Draft
EIS Review Comments and Responses and Appendix B8: Responses to Comments on the Draft EIS.
Comment 2 (Alternatives Considered): Comment noted. Additional justification regarding avoidance and
minimization for impacts associated with the Preferred Alternative has been provided to NCDENR DWQ
representatives, including the Northeast Corridor Major Investment Study; the Refined Locally Preferred
Alternative report; the Refinement of Alternatives report; and the Sugar CreeWLight Rail Alternative
Analysis report. Avoidance and minimization details will also be included in the forthcoming Request for
Individual Permit.
Comment 3 (Alternatives Considered): Comment noted. Impacts associated with the multi -use path are
included in the Final EIS (see Chapter 11: Water Resources). Additionally, impacts were discussed during
a Section 4041401 Pre - Application meeting with representatives of the U.S. Army Corps of Engineers
(USCOE) and NCDENR DWQ on October 20, 2011. Additional justification regarding avoidance and
minimization for impacts associated with the noted multi -use path will also be included in the forthcoming
Request for Individual Permit.
Comment 4 (Water Resources): Impacts to jurisdictional waters of the U.S. due to utility relocations within
the project corridor have been accounted for in the stream /wetland impact quantifications in the Final EIS
(see Chapter 11: Water Resources). Specific impacts will be detailed in the forthcoming Request for
Individual Permit.
Continued...
www.ridetransit.org
_ (J9•�IP /!/ /T6.1R� <� rr, •an�4-rfsra,- �r. -,fo 600 East Fourth Street
Charlotte, NG 28202
PH: 704 - 336 -6917
FAX: 704- 353 -0797
Page 2
Mr. Robert Krebs
Comment 5 (Alternatives Considered): Comment noted.
Comment 6 (Water Resources): Comment noted. Details regarding proposed mitigation for impacts to
jurisdictional waters of the U.S. will be included in the forthcoming Request for Individual Permit. As noted
in Chapter 11.0: Water Resources, the Charlotte Umbrella Stream and Wetland Mitigation Bank and the
North Carolina Ecosystem Enhancement Program (NCEEP) may be utilized to satisfy compensatory
mitigation requirements for this project in the event that on -site mitigation is not feasible and/or
practicable. CATS has confirmed that the Charlotte Umbrella Bank has sufficient credits to accept stream
mitigation for the proposed project, and the NCEEP has confirmed acceptance of the proposed project's
wetland mitigation needs.
General Comments: Comments 7 through 31 (Water Resources; Construction): These comments were
received from NCDENR DWO following publication of the Draft EIS in a memorandum from Ms. Polly
Lespinasse dated October 14, 2010. Responses were previously provided and are included in the Final
EIS in Chapter 23.0 Draft EIS Review Comments and Responses and Appendix B8: Responses to
Comments on the Draft EIS. Many of these comments have also been discussed in the aforementioned
pre - application meeting, and will be further addressed as needed in the forthcoming Request for
Individual Permit.
The FTA is currently developing the Record of Decision (ROD) for the LYNX BLE. The ROD will take into
consideration all comments received on the Final EIS and will include responses to agency and public
comments that were received. As such, your comments, as well as this letter will be included in the ROD.
It is anticipated that the ROD will be issued in late 2011. If the proposed project is approved, all mitigation
measures indentified in the Final EIS will be incorporated into the ROD. Subsequent to the ROD, the next
steps would be property acquisition and final design, followed by construction. It is currently anticipated
that the LYNX BLE would open for revenue service in late 20161 early 2017.
Again, thank you for your comments on the LYNX BLE and for your interest in this project. If you have
any questions, please contact me at kgoforth(o)charlottenc.gov or 704 -336 -3513.
Sincerely,
,/-/� /�- /Jjtc,
Kelly R. Goforth
Project Development Manager
C: Danny Rogers, BLE Project Director, CATS
Brian Smart, Environmental Protection Specialist, FTA Region IV
Keith Melton, Community Planner, FTA Region IV
North Carolina
Department of Administration
Beverly Eaves Perdue, Governor
November 9, 2011
Ms. Judy Dellert- O'Keef
Charlotte Area Transit System
600 E. Fourth Street
Charlotte, NC 28202
Dear Ms. Dellert- O'Keef.
Moses Carey, Jr., Secretary
Re: SCH File # 12 -E- 0000 -0069; FEIS; Proposal of the LYNX Blue Line Extension Northeast
Corridor Light Rail is a 9.4 mile extension of existing light rail to serve the Northeast
Corridor from Center City Charlotte to I -485 at North Tryon Street. View document at
www.ridetransit.org
The above referenced environmental impact information has been submitted to the State Clearinghouse
under the provisions of the National Environmental Policy Act. According to G.S. 113A -10, when a
state agency is required to prepare an environmental document under the provisions of federal law, the
environmental document meets the provisions of the State Environmental Policy Act. Attached to this
letter for your consideration are the comments made by agencies in the course of this review.
If any further environmental review documents are prepared for this project, they should be forwarded to
this office for intergovernmental review.
Should you have any questions, please do not hesitate to call.
Sincerely,
William E. H. Creech
Attachments
cc: Region F
Brian Smart, Federal Transit Administration
Mailing Address: Telephone: (919)807 -2425 Location Address:
1301 Mail Service Center Fax (919)733 -9571 116 West Jones Street
Raleigh, NC 27699 -1301 State Courier #51 -01 -00 Raleigh, North Carolina
c -mail state.clearinghouse @doa.nc.gov
An Equal Opportunity /Affirmative Action Employer
NORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMENT OF ADMINISTRATION
INTERGOVERNMENTAL REVIEW
COUNTY: MECKLENBURG F05:RAI
MS RENEE GLEDHILL- EARLEY
CLEARINGHOUSE COORDINATOR
DEPT OF CULTURAL RESOURCES
STATE HISTORIC PRESERVATION OFFICE
MSC 4617 - ARCHIVES BUILDING
RALEIGH NC
REVIEW DISTRIBUTION
RnAQ5 STATE NUMBER:
D ) � n ��/% � DATE RECEIVED:
_.� _ D
AGENCY RESPONSE
REVIEW CLOSED:
qtr' 1 5 i'i1 s
HISTORIC PRESERVATION OFFICE
CC &PS - DIV OF EMERGENCY MANAGEMENT
CENTRALINA COG
DENR LEGISLATIVE AFFAIRS
DEPT OF AGRICULTURE
DEPT OF CULTURAL RESOURCES
DEPT OF TRANSPORTATION
PROJECT INFORMATION
APPLICANT: Charlotte Area Transit System
TYPE: National Environmental Policy Act
Final Environmental Impact Statement
O_.19_-�1
�✓ t
q.Z(,
A nom, �5
12 -E- 0000 -0069
09/13/2011
10/19/2011
10/24/2011
DESC: Proposal of the LYNX Blue Line Extension Northeast Corridor Light Rail is a 9.4
mile extension of existing light rail to serve the Northeast Corridor from Center
City Charlotte to I -485 at North Tryon Street. View document at
www.ridetransit.org
CROSS- REFERENCE NUMBER: 05 -E- 0000 -0104 01 -E- 0000 -0176 11 -E- 0000 -0063
The attached project has been submitted to the N. C. State Clearinghouse for
intergovernmental review. Please review and submit your response by the above
indicated date to 1301 Mail Service Center, Raleigh NC 27699 -1301.
If additional review time is needed, please contact this office at (919)807 -2425.
AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: ❑ NO COMMENT COMMENTS ATTACHED
SIGNED BY:
6
'Cr
y
DATE: 10.(q. )
SEP 16 2011
North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Beverly Eaves Perdue, Governor
Linda A. Carlisle, Secretary
Jeffrey J. Crow, Deputy Secretary
October 17, 2011 f
MEMORANDUM 71 � �t{ ?py�
I DYZf)
TO: Zeke Creech
State Clearinghouse
NC Department of Administration "''., �l
FROM: Ramona M. Bartos Pfik+ ktIIlecu o- µ,i•
Office of Archives and History
Division of Historical Resources
David Brook, Director
SUBJECT: Proposed LYNX Blue Line Northeast Corridor Light Rail, City Center to I -495 at North Tryon
Street, Charlotte, Mecklenburg County, ER 06 -1957
We have received the Final Environmental Impact Statement (FEIS) from the State Clearinghouse for the
above - referenced undertaking and offer our comments.
We believe the FEIS adequately addresses our concerns for archaeological resources.
The FEIS correctly identifies the historic properties located within the undertaking's Area of Potential Effects.
It also reflects the effects that we agreed are likely to occur as a result of the project. Having consulted with the
Charlotte Area Transit System, we are engaged in conversations with several historic property owners about
their plans and how they relate to the proposed extension. It is unlikely that these conversations will lead to any
change in the plans or the expected effects.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579. In all future
communication concerning this project, please cite the above referenced tracking number.
cc: Kelly Goforth, CATS kgoforth @ci.charlotte.nc.us
John Rogers, Charlotte HDC jrogers @ci.charlotte.nc.us
Dan Morril, Charlotte- Mecklenburg HLC morrildgco.mecklenburg.nc.us
Location: 109 East ones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699 -4617 Telephone /Fax: (919) 807- 6570/807 -6599
Goforth, Kelly
From: Gledhill - earley, Renee [renee.g led hill- earley@ncdcr.gov]
Sent: Thursday, November 10, 2011 5:44 PM
To: Goforth, Kelly
Subject: LYNX blue line extension
Kelly:
Paul Fomberg, restoration specialist in our office, was in Charlotte week for last at the
Johnson & Mecklenburg Mills talking with the owners about rehabilitation tax credits. He came
back with work that they are concerned about the project. I gave him a copy of the plans that
you sent to me. His comments are copied in below. Can you address them?
Thanks, R
It looks like the retaining walls would negatively impact the 1916 Machine storage building
for Johnston Mill, which is a contributing building in the North Charlotte HD and sits
adjacent to the street along E. 36th Street, as well as the contributing 1910 Grinnell
Manufacturing Company building (Newco Fibre) across 36th Street along with its Art Moderne 2-
story attached office addition built between 1925 and 1950. The contributing 1905 railroad
trestle adjacent to the Mecklenburg Mill is also proposed for demolition in order to expand
the RR ROW for the proposed light rail.
Renee Gledhill - Earley
Environmental Review Coordinator
NC State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699 -4617
Phone: 919 - 807 -6579 Fax: 919 - 807 -6599
http: / /www.hpo.dcr.state.nc.us
Special Notice: To expedite review of your project, you may wish to follow the directions
found at http: / /www.hpo.ncdcr.gov /er /er email submittal.html for submitting requests via
email.
*This message does not necessarily represent the policy of the Department of Cultural
Resources. E -Mail to and from me, in connection with the transaction of public business, is
subject to the North Carolina Public Records Law (N.C.G.S. 132) and may be disclosed to third
parties.*
1
•
CI ARLOTTEsu
November 29, 2011
Ms, Renee Gledhill- Earley
Environmental Review Coordinator
NC State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699
Re: LYNX -Blue Line Extension Northeast Corridor Light Rail Project
Historic Evaluation, ER # 06 -1957
Dear Ms. Gledhill- Earley:
Thank you for your email of November 10, 2011 relative to concerns of the property owner of the
Johnston and Mecklenburg Mills property in the North Charlotte Historic District. With regard to those
concerns, we offer the following:
Machine Storage Building — Johnston Mill
Regarding potential impacts to the Machine Storage Building (National Register element 342b) resulting
from the proposed LYNX Blue Line Extension Northeast Corridor Light Rail Project (LYNX BLE) retaining
walls, the Machine Storage Building (also known as the "Boxing Academy Building ") no longer exists, in
2010, the Charlotte - Mecklenburg Historic Landmarks Commission issued a Certificate of Appropriateness
for demolition of the building (see Attachment A; a current aerial photograph is also attached which shows
that the building no longer exists). It should be noted that CATS was not involved in this demolition and it
was not performed in order to accommodate the LYNX BLE.
Grinnell_Manufacturind Building
Regarding the potential impacts to the Grinnell Manufacturing Building from proposed LYNX BLE
retaining walls, CATS has been in discussion with Merrifield Patrick Vermillion (MPV) regarding potential
impacts to that property. CATS, FTA and SHPO met with MPV on November 2, 2011 to discuss
concerns. As discussed at the meeting, the addition of a retaining wall for a relatively short portion of 361f'
Street would not constitute an adverse effect. Additionally, through the construction of the retaining wall
and proposed underpinning of the Grinnell Manufacturing Building, CATS has avoided direct impacts to
the building structure. All materials relative to the aforementioned meeting and determinations have been
provided to SHPO previously.
Railroad Trestle — Mecklenburg Mill
The National Register indicates that a timber railroad trestle (National Register element 344a), circa 1905,
is located behind the Mecklenburg Mill. The location of this trestle is shown behind the western portion of
the building and was thought to no longer be in existence. However, CATS has now confirmed that the
trestle does still exist, but is located behind the eastern portion of the building within an overgrown
wooded area, well within the existing railroad right -of -way. The railroad trestle is designated in the
National Register listing as a contributing resource to the Mecklenburg Mill, which in turn is a contributing
resource of the North Charlotte Historic District. New track installation for the proposed LYNX BLE would
C174R717F.W 9RE4 7AA4WZrffFAM V
Continued...
www.rideiransit.org
600 East Fourth Street
Charlotte, NC 28202
PH: 704- 336 -6917
FAX: 704 -353 -0797
Ms. Renee Gledhill- Earley Page 2
necessitate demolition of the timber railroad trestle. A team comprised of strr,ctural engineers and
historians have evaluted the timber railroad trestle, and details are included in the attached letter report
(Attachment 13). This report indicates that:
The major components of the existing railroad trestle that remain have been replaced over time.
Therefore, what exists today is not tlhe original 1905 trestle.
• The [rack rail and crosstles no longer exist and the existing trestle is in a state of disrepair.
• The existing limber substructure postdates the period of significance for the North Charlotte
Historic District.
• The main delivery track and railroad spur have been removed, obscuring the original design and
function of the coal distribution system.
Therefore, CATS proposes that the timber railroad trestle no longer contributes to the Mecklenburg Mill or
to the North Charlotte Historic District. As such, title proposed demolition of the trestle would not result in
negative impacts to the Mecklenburg Mill or to the North Charlotte Historic District. Therefore, we feel that
the previously- determined finding of No Adverse Effect for file North Charlotte Historic District is still valid.
Additionally, it is still the Intent of the federal Transit Administration to make a de minknis Section 4(f)
finding for the North Charlotte Historic District as the proposed action does not constitute a constructive
use of the property.
FTA is currently developing the Record of Decision for the LYNX BLE. The ROD will take into
consideration all comments received on the Final EiS and will include responses to agency and public
comments that were received. This letter will be included in the ROD. If you agree with the determinations
documented in this letter, namely No Adverse Effect to the North Charlotte Historic District, we look
forward to receiving your concurrence on the line below. If, however, you disagree, or require any
additional information, please do not hesitate to contact rile at (704) 336 -3513. It is anticipated that the
ROD will be Issued in fate 2011. Subsequent to the ROD, the next steps would be property acquisition
and final design, followed by construction. It is currently anticipated that the LYNX BLE would open for
revenue service in late 20161 early 2017.
We appreciate tie opportunity !o cansull with you on the effects of the project on historic resources.
Sincerely,
Kelly R. Goforth
Project Development Manager
Enclosure
c: Danny Rogers, CATS BLE Project Director
Keith Melton, Community Planner, FTA Region IV
Brian Smart, Environmental Protection Specialist, FTA Region IV
Concurrence: Finding of No Adverse Effect
on the North Charlotte Historic District
.� �Xad I, ov- la-/-/
Renee Gledhill - Earley Date
NC State Historic Preservation Office
ATTACHMENT A
MACHINE STORAGE BUILDING INFORMATION
�F
CIiar(otte- Mecklenburg Historic Widlnarb Commission
September 7, 2010
Peter Zeiler
Housing Services
600 E. Trade Street
Charlotte NC, 28209
Mr. Zeiler,
This is to confirm that Certificate of Appropriateness 09 -03 for the Johnston Mill,
located at 407 E. 36`x' Street, has been issued to you, so that you may materially alter the
property. Please he advised that the work must conform in all respects to the description
contained in the attached Certificate.
Please contact this office once you have completed the work, so that we can make any
necessary inspections.
Sincerely,
tewart Gra
Preservation Plaimer
Encl.
Cc: Dr. Dan Morrill, Consulting Director
William T. Hobbs, III., HLC Chairman
2100 RANDOLPH ROAD - CHARLOTTE, N.C. 28207 - (704) 376 -9115 - FAX (704) 372 -4584
I#—
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE NUMBER: 09 -03
ISSUED TO:
NAME OF LANDMARK:
ADDRESS OF LANDMARK:
TAX PARCEL NUMBER:
ADDRESS OF APPLICANT:
DATE ISSUED: 9/7110
Peter Zeiler
Johnston Mill (Boxing Academy)
407 E. 361" Street
Charlotte, NC
09110154
600 E. Trade Street
Charlotte, NC 28209
APPLICANT'S TELEPHONE NUMBER: (704) -432 -2989
The Historic Landmarks Commission has reviewed the proposed activity and has
found the following aspects to be in compliance with the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
and, therefore, has found them to be appropriate:
Demolition of a building known as the "Boxing Academy Building," located on the property of
the Johnston Mill, located at 3315 N. Davidson Street in Charlotte, N.C.
This Certificate of Appropriateness is valid through July 1, 2011. Failure to
procure a building or demolition permit within this time frame will be considered as
a failure to comply with this Certificate, and the Certificate will become invalid. If a
building or demolition permit is not required, the approved activity must be
completed by July 1, 2011. This Certificate can be renewed by the Historic
Landmarks Commission upon written request for the applicant with a valid reason
for failure to comply with the deadline. This Certificate in no way removes the
responsibility of the owner of a structure in a local historic district to obtain a
Certificate of Ap priateness from the Charlotte Historic District Commission.
By: , Preservation Planner, Charlotte -
Meeklenburg Landm s Commission.
Reference: M rtual C h ad otte, C horlotte 0 1 S; November 2011
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 L
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 of) the Mecklenburg Mill in the North Charlotte Historic District for the referenced project.
Our findings and conclusions are as follows:
Background
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 Survey
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.
Findings
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
• The trestle measures approximately 72.5' long, and is comprised of 6 spans and 7
substructure units (Exhibit 2).
• The stringers are comprised of three 9 "x16" timbers. The two stringers are approximately
5' on centers.
• The cap is 12 "x12 "x12' long (Exhibit 3)
• The piles are 12 "x12" timbers
• There is typically one cross support member that measures 2.5 "x8"
• The outer two piles are battered, the inside two piles are plumb.
Condition
• 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.
• 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.
• The current structure would require significant structural upfit to allow the trestle to return
to its original function of carrying train cars.
• 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.
• 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).
• A modern cooling tower is on top of the stringers above spans 1 and 2 (Exhibit 7).
• 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.
• Much of the trestle is covered in unmaintained vegetative overgrowth (Exhibit 9).
• 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 Eligibility and Integrity
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
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Exhibit 1: Excerpt from a 1953 Sanborn Map, illustrating the coal - delivery system at the
Mecklenburg Mill. Note that the timber railroad trestle (highlighted in yellow) is located at the end
of a railroad spur (highlighted in red), which is no longer in existence. The main railroad
extension behind the Mecklenburg Mill (also highlighted in red) is also no longer in existence.
11/29/2011 1:55:43 PM N: \PROJ\ 2513745\ Drawings \TRK \FRT \WRK \RMK \Timber Trestle Exhibit.dgn
I
RUSTED CONVEYOR (EXHIBIT 8)
\/ \/
/\ /\
KEWANEE MANUR & AIR HANDLER / \
CONVEYOR COMPANY COOLING TOWER x
ILLINOIS (EXHIBIT 7)
r__ _____________
H PI __ _____________
\
[-- 12' -6" +/- - {F12' -0" +/--- }-- 13' -0" + /---{ 10'-6" +/- -- 13' -0" +/---[-1 1 '-6"
A?V, E.TO LOADING
----- - - - - --
-• LOADING DOCK
(EXHIBIT 10)
C-3
31'+/- FACE OF BUILDING
TO FACE OF STRINGER
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NORTH CAROLINA RAILROAD
RIGHT OF WAY LINE
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PREPABE�BY, LYNX BLUE LINE EXTENSION
11/28111
BBAwNBri NORTHEAST CORRIDOR LIGHT RAIL PROJECT
SHEET:
AP
STV / Ralph Whitehead Associates, Inc.
1000 West Morehead St., Ste. 200
Churl -t to, NC 28208 O 4111!
NC ❑a— Na ber F -0991
S CHECKMBY. EXHIBIT 2 -TIMBER TRESTLE
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Exhibit 4: Representative photo of typical bent.
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Exhibit 5: Representative photo of sill beam.
Exhibit 6: Representative photo of section loss.
Exhibit 7: Representative photo of cooling tower, affixed to east end of the existing trestle.
Exhibit 8: Representative photo of conveyor.
Exhibit 9: Representative photo of vegetative overgrowth.
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.
s
m UNITED STATES ENVIRONMENTAL. PROTECTION AGENCY
W REGION
o
= 61 FORSYTH STREET
Q ATLANTA FEDERAL CENTER
5� ""'+t Prjoswc'' ATLANTA, GEORGIA 0303 -8960
November 9, 2011
Mr. Brian Smart
Environmental Protection Specialist
Federal Transit Administration, Region IV
230 Peachtree Street, N.W., Suite 800
Atlanta, Georgia 30303 -1512
13Y:
SUBJECT: Federal Final Environmental Impact Statement for the LYNX Blue Line
Extension Northeast Corridor Light Rail Project, Center City, Charlotte to Interstate 85,
Mecklenburg County, North Carolina; FTA- E40834 -NC; CEQ No.: 20110341
Dear Mr. Smart:
The U.S. Environmental Protection Agency (EPA) Region 4 Office has reviewed
the subject document and is commenting in accordance with Section 309 of the Clean Air
Act (CAA) and Section 102(2)(C) of the National Environmental Policy Act (NEPA).
The Federal Transit Administration (FTA) and the Charlotte Area Transit System
(CATS) are proposing to construct an approximate 9.4 mile extension of the light rail
system from Center City Charlotte to south of Interstate 485. The proposed light rail
improvement would primarily utilize existing railroad right of way for the first 4 miles
and then be located in the median of North Tryon Street/US -29 for a substantial portion
of the remaining distance, There would be a new location segment as it enters the
University of North Carolina at Charlotte (UNC- Charlotte) campus.
The Preferred Alternative identified in the Final Envirolunental Impact Statement
(FEIS) includes I I stations, four with park -and -ride facilities (with over 3,100 total
parking spaces) and seven walk -up stations. Bus service connections would also be
provided at most stations. EPA reviewed the Draft Environmental Impact Statement
(DEIS) and provided comments in our October 8, 2010, letter. EPA requested further
details in the FEIS regarding potential noise initigation measures for an Environmental
Justice community. EPA has attached review comments on the FEIS (See Attachment A).
In summary, EPA supports the development of additional mass transit options in
the Charlotte area because it provides an alternative to the sole reliance on automobiles
for transportation demand, and with the mitigation measures proposed in the FEIS should
result in fewer adverse impacts. Froin an air quality perspective, mass transit options
generally reduce the amount of additional air emissions in the transportation corridor
Internet Address (URL) + htip: / /www,epa.gov
Recycled /Recyclable •Printed wish Vegelable 00 Based Inks on Recycled Paper (Minimum 30% Postconsumer)
compared to.highway options. EPA notes that FTA estimates a reduction of 75 million
miles /year of vehicular traffic with the proposed project with a corresponding air
pollutant emissions reduction.
If there are any questions concerning these comments, please contact Mr.
Christopher A. Militscher of my staff at (919) 856 -4206 or by e -mail at
militsclier.cluis@cpa.go =v. Thank you for the opportunity to comment.
Cc: M. Hamel, NCDOT -Rail
S. Hair, USACE
B. Wreim, NCDWQ
J. Dellert- O'Keef, CATS
Sincerely,
Heinz J. Mueller, Chief
NEPA Program Office
2
Attachment A
FEIS for the LYNX Blue Line Extension Northeast Corridor Light Rail Project
Charlotte, Mecklenburg County, North Carolina
General Mitigation Comments
In response to comments on the DEIS, FTA proposes the following mitigation:
Noise mitigation for residential properties located within EJ communities of concern will
be required, including use of a rail automated friction modifier, noise barriers, sound
insulation, specially- engineered track -work and vibration isolation treatments. Moderate
noise receptor impacts that are predicted include: 4 single - family residences, 2 multi-
family buildings at the Alpha Mill Apartments, and 1 hotel: Residence Inn by Marriott
along North Tryon Street/US -29. Severe noise impacts are projected at 1 single- family
residence and 2 college dormitories: Laurel Hall and Spruce Hall at UNC Charlotte.
Vibration impacts includel single - family residence (St. Anne's Place in the Hampshire
Hills neighborhood).
FTA has identified other mitigation strategies for neighborhoods including:
overflow parking in neighborhoods near light rail stations will be monitored. Corrective
actions to provide additional parking at the stations will be made and /or parking
enforcement will be instituted, if necessary. For community facilities, FTA proposes to
coordinate with emergency service providers to ensure that design allows access for these
services and that the efficiency of emergency services is not impeded and with CMC-
University regarding the type and location of directional signage.
FTA proposes implementation of design treatments per the project's Design
Criteria, Urban Design Frainework, to the extent practical, and coordination with
property owners and other stakeholders to discuss the following proposed mitigation:
- For the six affected properties in Hampshire Hills, landscaping is proposed along the
project fencing.
- Additional directional signage to improve way - finding to CIVIC- University and retain
visibility to the hospital.
- Continued coordination with stakeholders and potentially affected groups regarding
potential visual impacts: UNC
- Charlotte to ensure consistency with campus design guidelines; and University City
Partners to provide information to affected business owners.
- Toby Creek Greenway: Vegetative screens will be maintained to the extent practical;
CAM'S will coordinate with MCPR to ensure the light rail bridge over the greenway
would not conflict with the greenway, and to minimize impact to trail operations during
construction. An alternative route will be provided and attempts will be made to
coordinate closure during a period of least activity. CATS will notify MCPR 48 hours in
advance of temporary closure of greenways due to construction.
The Preferred Alternative will impact approximately 3,304 linear feet of
jurisdictional streams and 0.46 acres of jurisdictional wetlands. Approximately %2 of the
estimated stream impacts (i.e., 1,638 linear feet) are to intermittent. Stream "P ". The FEIS
includes recommendations to minimize and avoid impacts to jurisdictional streams and
wetlands. FTA has identified the following minimization measures in the FEIS: Efforts
will be made to minimize the use of riprap at pipe inlets and outfalls, relocate channels
using natural channel design techniques, when practicable, and minimize impacts to
streambanks at proposed bridge locations. FTA also proposes to implement Best
Management Practices (BMPs) for erosion and stormwater management controls.
Compensatory mitigation is proposed to be made through the Charlotte Umbrella
Stream and Wetland Mitigation bank for unavoidable impacts to streams and wetlands. If
adequate credits are not available at this mitigation bank, FTA proposes to utilize the
North Carolina Ecosystem Enhancement Program (EEP) for the remainder of required
mitigation needs.
EPA notes that FTA estimates a reduction of 75 million miles /year of vehicular
traffic with the proposed project and that overall air pollutant emissions will be reduced.
Furthermore, the FEIS projects that the Preferred Alternative would result in nearly 8,000
new jobs (construction and supporting services) as a result of the money infused into the
local economy from the capital expenditures of the project. It would also result in the
addition of 109 CATS rail operations or maintenance jobs.
•
CI UtRLOTTE,.
December 2, 2011
Mr. Heinz Mueller, Chief
NEPA Program Office
US Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 20202 -8960
RE: LYNX Blue Line Extension Northeast Corridor Light Rail Project
Final Environmental Impact Statement Comments
Dear Mr. Mueller:
Thank you for your letter of November 9, 2011 submitting comments to the Federal Transit Administration
regarding the proposed LYNX Blue Line Extension Northeast Corridor Light Rail Project (LYNX BLE). We
appreciate your support of the LYNX BILE project.
As noted in your comments, FTA and CATS included proposed mitigation measures in the Final EIS to
reduce the potential impacts of the project. The FTA is currently developing the Record of Decision (ROD)
for the LYNX BLE. The ROD will take into consideration all comments received on the Final EIS and will
include responses to agency and public comments that were received. As such, your comments, as well
as this letter, will be included in the ROD. It is anticipated that the ROD will be issued in late 2011. If the
proposed project is approved, all mitigation measures indentified in the Final EIS will be incorporated into
the ROD. Subsequent to the ROD, the next steps would be property acquisition and final design, followed
by construction. It is currently anticipated that the LYNX BILE would open for revenue service in late 2016
1 early 2017.
Again, thank you for your comments on the LYNX BILE and for your support of this project. If you have
any questions, please contact me at kdoforth@charlottenc.gov- or 704- 336 -3513.
Sincerely,
Kelly R. Goforth
Project Development Manager
C: Danny Rogers, BILE Project Director, CATS
Brian Smart, Environmental Protection Specialist, FTA Region IV
Keith Melton, Community Planner, FTA Region IV
Christopher Militscher, US EPA
www.ridetransit.org
iiay�nir�.ae�E� �taan�rsr%rEt9 W _.� 600 East Fourth Street
Charlotte, NC 28202
PH: 704 - 336 -6917
FAX: 704 -353 -0797
C
Blue Line Extension
Final Environmental
Light Rail Project
Impact Statement
Your Opinion Counts
Thank you for your interest in the LYNX Blue Line Extension project.
Name: Robert 11. Bischoff
Organization: ins for Efficiant_Mas.s
Address: P.O. Box 35571 Transit
Commenparlotte, NC 28235
Phone: 704 847 -3200
Email:
cially
feasible. Also that any land that has been purchased for a parking deck at I -485 be retained
and if not purchased already that the rights to purchase it e negotiated.
Comments may also be mailed to Judy pellert- O'Keef, Charlotte Area Transit System, 600 East Fourth Street, 9th Floor, Charlotte, NC
28202; faxed to 704 -432 -2729 or emailed to bluelineextension @charlottenc.gov. Written comments must be postmarked, faxed,
emailed or hand delivered by October 27, 2011,
For more information, call 704 -336 -RIDE (7433) or 866 -779 -CATS (2287) or visit
www.ridetransit.org. To sign up for rider alert email service, visit wvvw.ridetransit.org.
November 2, 2011
Mr. Robert Bischoff
Citizens for Efficient Mass Transit
P.O. Box 35571
Charlotte, NC 28235
RE: LYNX Blue Line Extension Northeast Corridor Light Rail Project
Final Environmental Impact Statement Comments
Dear Mr. Bischoff:
Thank you for your input regarding the proposed LYNX Blue Line Extension Northeast Corridor Light Rail
Project (LYNX BLE). This letter is in response to your comments on the LYNX BLE Final Environmental
Impact Statement (EIS), published by the Federal Transit Administration (FTA) in August 2011. We
appreciate your comments and want to ensure that all suggestions, objections and concerns are carefully
considered before final project decisions are made. With regard to your concerns relative to right of way
to 1 -485, we offer the following:
As described in Chapter 2: Alternatives Analysis, Section 2.2.8, in November of 2010, subsequent to the
circulation of the Draft EIS (August 2010), the Metropolitan Transit Commission (MTC) received a report
on the financial capacity of CATS and its ability to deliver the 2030 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.
Extensive coordination was undertaken with partner departments, UNC Charlotte, NCDOT and the FTA.
In order to reduce the capital and operating costs, several changes were recommended, including
terminating the proposed project at the UNC Charlotte station. 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. 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.
On January 26, 2011, the MTC approved the revised Locally Preferred Alternative (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 1- 485JN. Tryon Station, removing approximately 1.2
miles of the alignment and two stations. The Light Rail Alternative between Center City Charlotte and
UNC Charlotte was selected as the revised LPA and the National Environmental Policy (NEPA) preferred
alternative. Section 2.2.3 describes the currently adopted Preferred Alternative in additional detail. The
Final EIS was prepared based on the revised LPA.
Continued ...
www.ridetransit.org
c,'tprnr `t�`r r�raarr.f yorr1v 600 East Fourth Street
Charlotte, NC 28202
PH: 704- 336 -6917
FAX: 704- 353 -0797
Page 2
Mr. Robert Bischoff
Although the revised LPA for the proposed project will terminate the alignment at the UNC Charlotte
Station, the design of the proposed project does not preclude any future extension of light rail. However,
any future extension would be considered a separate project from the proposed LYNX BILE project, and
further evaluation of design and environmental impacts would take place if and when an extension is
proposed.
The UNC Charlotte Campus Master Plan (October 2009) does include the previous light rail alignment to
1 -485, and UNC Charlotte has indicated a desire to preserve this as a future alignment.
No land has been purchased nor have the rights -to- purchase been negotiated in the area identified for
the previously proposed 1- 485/N. Tryon parking garage. Most of this property is currently owned by the
State of North Carolina / NCDOT.
The FTA is currently developing the Record of Decision (ROD) for the LYNX BLE, as defined in the Final
EIS. The ROD will take into consideration all comments received on the Final EIS and will include
responses to agency and public comments that were received. As such, your comments, as well as this
letter will be included in the ROD. It is anticipated that the ROD will be issued in late 2011. If the proposed
project is approved, all mitigation measures indentified in the Final EIS will be incorporated into the ROD.
Subsequent to the ROD, the next steps would be property acquisition and final design, followed by
construction. It is currently anticipated that the LYNX BILE would open for revenue service in late 2016 1
early 2017.
Again, thank you for your comments on the LYNX BILE and for your interest in this project. If you have
any questions, please contact me at k oforth charlottenc. ov or 704 -336 -3513.
Sincerely,
Kelly R. Goforth
Project Development Manager
C: Danny Rogers, Senior Project Manager, CATS
Brian Smart, Environmental Protection Specialist, FTA Region IV
Keith Melton, Community Planner, FTA Region IV
Nov. 7, 2011
Judy Dellert -O Keef D � 9 � Ll LI ff
Charlotte Area Transit System NOV
600 E. 4th Street, 9th Floor zOiT
Charlotte, NC 28202 By_
Dear Ms. Dellert- O'Keef:
I know I'm a little late getting these co►ninents to you but it is not going to change anything in any event.
This is just my personal note and not anything I can ascribe to Citizens for Efficient Mass Transit. I think
only one other person has ever brought this subject to my attention; however it has been a concern of
mine for quite some time.
So many overpasses on the Blue Line, both the South Corridor and now the extension, I'm a little
surprised they haven't been more controversial. I know they would have been if built in some other cities.
For example, take the proposed bridge over the Harris Blvd. intersection. It is already on higher ground
than much of the surrounding area as I recall. You might therefore think it would be the perfect candidate
for an underpass. A bridge will be really sticking up there and I fear a little obtrusive. Will a bridge like
this do almost as much to discourage development as the BLE does to encourage it?
I know all the arguments against depressing LRT under major roadways:
o disrupting traffic during construction
o need to relocate underground utilities
o higher costs
In many areas like industrial districts or rail yards I would readily agree that bridging is the only thing that
makes any sense economically. However for the long -term appearance of the city at least a few of these
intersections like Harris Blvd. might have been better off depressed_ I suppose its wishful thinking that we
might ever go back one day and correct a few of these mistakes -or at least that is what I would call them.
I don't plan to speak out on this subject in public because my first priority now is to see the BLE built, and I
haven't seen any gro Lind- s ,,veil of public opinion to support my view. However, at the same time I don't
want to leave the impression I am just now bringing it up, because I have mentioned this before at several
public nlcetings on the BLE in the past. I'd welcome any conunents about this that you might have.
Sincerely,
Robert H. Bischoff
P.S. I received the CD's you sent on the final BLE EIS and technical report. Thank you very much.
•
Cat =LOTTE,,.
November 17, 2011
Mr. Robert Bischoff
3300 Providence Plantation Lane
Charlotte, NC 28227
RE: LYNX Blue Line Extension Northeast Corridor Light Rail Project
Final Environmental Impact Statement Comments
Dear Mr. Bischoff:
Thank you for your input regarding the proposed LYNX Blue Line Extension Northeast Corridor
Light Rail Project (LYNX BLE). This letter is in response to your comments on the LYNX BLE
Final Environmental Impact Statement (EIS), published by the Federal Transit Administration
(FTA) in August 2011. We appreciate your comments and want to ensure that all suggestions,
objections and concerns are carefully considered before final project decisions are made. With
regard to your concerns relative to obtrusive nature and effect bridges and overpasses may
have on development, we offer the following:
As documented in Chapter 7.0: Visual and Aesthetic Considerations of the Final EIS, CATS
recognizes that the addition of bridges for the LYNX BLE to cross over existing freight tracks,
roads, or water features will introduce new visual elements in the corridor. To minimize the
potential visual and physical effects of the proposed light rail project, the City of Charlotte and
CATS have employed three key techniques aimed at providing a well- designed project that fits
into the context of its surrounding environment. These include: the development of station area
plans; incorporation of the Urban Design Framework (UDF) into the proposed project's design
criteria; and the Art in Transit Program.
Station area plans respond to the constraints and opportunities of the conditions in the station
area, including the LYNX BLE, and provide recommendations for land use, streetscape, and
infrastructure improvements that support the vision for the station area. The UDF provides
guidelines for applying design treatments to project elements based on their context and
location. For bridges located within or adjacent to the North Tryon Street/US -29 in- street right -
of -way, the UDF calls for a standard bridge type using a minimum of two cosmetic
improvements, such as the use of color pigments in the concrete, texturing surfaces, or more
pleasing shapes for columns and/or caps. For bridges that are located within station areas, the
UDF calls for signature bridges that define system and district identity by giving consideration to
structural systems that are inherently more aesthetically pleasing and by using a minimum of
two cosmetic improvements such as the use of color pigments in the concrete, texturing the
surfaces, modifications to fascia walls, beams and surfaces, or more pleasing shapes for
columns and /or caps. In addition, the Art in Transit Program currently calls for art treatment to
be applied to the bridges located at the intersection of North Tryon Street /US -29 and the 1 -85
Connector, University City Boulevard and W.T. Harris Boulevard. The artist currently working on
the art for the bridges and walls is planning a signature art treatment at W.T. Harris Boulevard.
www.ridetransit.org
ct�•�y�nii.•��ic.� rs��nhirsr�r�s� 600 East Fourth Street
Charlotte, NC 28202
PH: 704- 336 -6917
FAX: 704- 353 -0797
Page 2
Mr. Robert Bischoff
Also in Chapter 7.0: Visual and Aesthetic Considerations, CATS identifies a potential visual
impact for businesses along North Tryon Street/US-29 between Old Concord Road and JW
Clay Boulevard due to the introduction of bridges and retaining walls within the median of North
Tryon Street/US-29 necessary for the light rail to pass over existing roads. To mitigate potential
impacts, CATS will coordinate with business owners to relocate signage and discuss design
elements to minimize visual impacts for the businesses along North Tryon/US-29. CATS will
also coordinate with University City Partners to provide information to affected businesses along
North Tryon Street/US-29 regarding the property acquisition program, design and construction.
Chapter 7.0 also identified a potentially significant visual impact to CMC University hospital,
located at the Intersection of North Tryon Street/US-29, because the proposed bridge over W.T.
Harris Boulevard and the associated retaining walls would block views of the hospital. The
views to and from, approximately the first three floors of the building and emergency room
would be blocked, resulting in a potentially significant visual impact due to the importance of
way- finding by non - emergency personnel in emergency conditions and by patient visitors. CATS
will continue to coordinate with CMC - University to identify the appropriate type and location of
additional directional signage necessary to retain visibility of the hospital entrances.
CATS also recognizes that cross - access and street connectivity are vital transportation
components to sustaining neighborhoods and businesses adjacent to North Tryon Street/US-29,
As discussed in Chapter 3.0: Transportation, recommendations for grade separated and at-
grade crossings were based on safety, traffic volumes, transit headways, arterial travel speeds,
cost, intersection delays and traffic spillback to adjacent intersections. As a result of the traffic
impacts identified through the transportation analysis, major intersections, as well as the light
rail entry into and exit from the North Tryon Street/US-29 median would be grade separated; all
other crossings would be at- grade. Table 3 -26 provides a summary of the rail crossing
recommendations for the LYNX BLE. Specifically regarding the example you provided of the
proposed bridge over W.T Harris Boulevard, CATS completed an analysis to determine whether
the Light Rail Alternative should traverse over or under the proposed roadway interchange. As
detailed in the Refinement of Alternatives Report, July 2010, depressing the Light Rail
Alternative beneath the intersection was determined to be cost prohibitive.
The FTA is currently developing the Record of Decision (ROD) for the LYNX BLE, as defined in
the Final EIS. The ROD will take into consideration all comments received on the Final EIS and
will include responses to agency and public comments that were received. As such, your
comments, as well as this letter will be included in the ROD. It is anticipated that the ROD will
be issued in late 2011. If the proposed project is approved, all mitigation measures indentified in
the Final EIS will be incorporated into the ROD. Subsequent to the ROD, the next steps would
be property acquisition and final design, followed by construction. It is currently anticipated that
the LYNX BLE would open for revenue service in late 2016 I early 2017.
Again, thank you for your comments on the LYNX BLE and for your interest in this project. If
you have any questions, please contact me at kgoforth(a7charloltenc.gov or 704- 336 -3513.
Sincerely,
tom- `" `" d
Kelly R. Goforth
Project Development Manager
C: Danny Rogers, BLE Project Director, CATS
Brian Smart, Environmental Protection Specialist, FTA Region IV
Keith Melton, Community Planner, FTA Region IV
Goforth, Kelly
From:
Dellert- OKeef, Judy
Sent:
Friday, September 30, 2011 2:41 PM
To:
'Elliott, Keith'; brian.smart @dot.gov; Hennessey, Kevin
Cc:
LYNX BLE Records; Goforth, Kelly; Thorne, W. Todd
Subject:
2011 0930 - Hampton Inn property - WBS 2502 - 8419 N. Tryon Street - PID 04721119
Mr. Elliott,
Thank you for contacting CATS about the property at 8419 North Tryon Street. I am copying Kevin Hennessey, Real
Estate Manager for the Blue Line Extension, so he or a member of his team can contact you about the proposed impacts
to the property. He will also be able to give you the steps involved and the time table for the real estate acquisition
process.
At the September 27, public meeting the real estate exhibits included right -of -way and temporary construction
easements. I've attached the link below for you to access these maps on CATS website at www.ridetransit.org. 8419
North Tryon is located on Map 5.
http: / /charmeckauth .ci.charlotte.nc.us / city /charlotte/ cats /planning/ BLE /Pages /BLEAIignmentMaps.aspx
PID 04721119
8419 N. Tryon St
Charlotte, NC 28262
Please let me know if I can be of further assistance.
Thank you,
Judy Dellert- O'Keef
Charlotte Area Transit System
Communications Officer
LYNX Blue Line Extension,
Operations Division and
Speaker's Bureau
Phone: 704 - 432 -0477
Fax: 704 - 336 -4944
www.ridetransit.org
From: Elliott, Keith fmai Ito: Keith. Elliott @ihrco.coml
Sent: Thursday, September 29, 20117:24 PM
To: brian.smart @dot.gov; Dellert- OKeef, Judy
Cc: Elliott, Keith
Subject:
Mr. Brian Smart & Ms. Judy Dellert- O'Keef,
I am following up on the recent memo that was released to our ownership group and wanted to find out more
information regarding the potential easement, partial or full acquisition of our property as mentioned in the attached
document. If you could please forward an update on the status of our property and /or hotel and what impacts we can
expect from the Blue Line Extension Northeast Corridor Light Rail project if would be greatly appreciated.
Keith Elliott - General Manager
Hampton Inn Charlotte University Place
8419 N. Tryon St
Charlotte, NC 28262
P- 704 - 548 -0905
C- 704 - 524 -6109
Goforth, Kelly
From: Goforth, Kelly
Sent: Thursday, October 06, 2011 3:59 PM
To: 'Bryan Hight'
Cc: Hennessey, Kevin; LYNX BLE Records; Dellert- OKeef, Judy; 'brian.smart @dot.gov; Makoid,
Meghan; Thorne, W. Todd
Subject: RE: Hight Veterinary Hospital near UNCC (WBS 2503)
Dr. Hight,
I am following up on your question about potential noise and vibration impact on your business. As a commercial
property, the Hight Veterinary Hospital on North Tryon Street is not considered to be noise - sensitive according to
Federal Transit Administration (FTA) guidelines. The primary reason is that noise impact is assessed according to the
potential for human annoyance at land use locations where people sleep (Category 2) or at institutional land uses where
meditation and concentration on reading materials is necessary such as schools, libraries, theatres and churches.
With regard to vibration, no vibration impact is expected to occur. Our noise and vibration consultant, Harris Miller
Miller and Hanson (HMMH), provided the following assessment of the potential vibration impacts. According to FTA
guidelines, potential vibration impact is assessed for facilities with vibration - sensitive equipment and /or operations and
these criteria may be lower than the thresholds for human perception. For a veterinary hospital, which may typically
include operating rooms or medium - powered optical microscopes, the applicable vibration criterion would be the
Residential Night /Operating Room criterion of 72 VdB. The Hight Veterinary Hospital building is approximately 150 feet
from the proposed alignment and at this distance the projected vibration level from light rail operations is 38 VdB, well
below the threshold for potential impact. So, vibration impact would not occur at this location.
Please let me know if you have any further questions or need more information.
Kelly R. Goforth
Project Development Manager
LYNX Blue Line Extension Light Rail Project
Charlotte Area Transit System
600 East Fourth St.
Charlotte, NC 28202
(704) 336 -3513
From: Thorne, W. Todd
Sent: Wednesday, October 05, 20119:23 AM
To: 'Bryan Hight'
Cc: Goforth, Kelly; Hennessey, Kevin; LYNX BLE Records
Subject: Hight Veterinary Hospital near UNCC (WBS 2503)
Dr. Hight,
I'd like to add to what I wrote below regarding the temporary construction easement on the southeastern corner of your
property. The BLE's erosion control plans show that we will need to reconstruct a portion of the ditch that runs along
your property's perimeter in order to keep storm runoff a safe distance from the limits of earthwork beside the tracks.
As shown on the second file attached to this email, a note states "Permanently reconstruct ditch to divert water away
from top of slope. Line with matting for erosion control." Silt fence will then be placed between the newly graded ditch
and the slope to be created for the BLE, which is ascending to the level of the existing ground in this area.
Todd Thorne, PE
LYNX Blue Line Extension
Charlotte Area Transit System
704 - 353 -0993
From: Thorne, W. Todd
Sent: Thursday, September 29, 20113:22 PM
To: 'Bryan Hight'
Cc: Goforth, Kelly; Dellert- OKeef, Judy; Hennessey, Kevin; LYNX BLE Records
Subject: Hight Veterinary Hospital near UNCC (WEIS 2503)
Dr. Hight,
Thank you for attending the public meeting Tuesday night for the LYNX Blue Line Extension (BLE). I am attaching the
plan sheets and cross - sections that you requested. The project's grading limits (dashed line with a "C" for cut or "F" for
fill above it) do not encroach onto your property, but the temporary construction easement (solid line with an "E" in it)
does cover the southern corner of your property. As we discussed at the public meeting, the BLE project team will
investigate whether the construction easement can be reduced or even eliminated there.
The cross - sections I've attached show track, ditch and earthwork elevations where the track approaches your property
the most closely. This area also is the section where the tracks transition from the trench condition through which the
train passes under northbound N. Tryon Street and begin to rise above the existing ground as it approaches the bridge
over Toby Creek. Your property is shown on the left sides of the cross - sections, and your property line is marked with
the "PROPERTY" note on sections 3119 +50, 3120, and 3120 +50.
We met with representatives of the North Carolina Department of Transportation yesterday to coordinate between our
project and their Mallard Creek Bridge Replacement. As the project schedules currently stand, most of the BLE heavy
construction in your vicinity would take place in 2014 with final paving in 2015 and early 2016. The bridge replacement
could begin as early as late 2014 and would take about a year to complete. The bridge replacement schedule is also
connected closely to highway construction on 1 -85 and 1 -485. We agreed to continue coordinating our projects to see if
constructing both at the same time would be feasible and if it would be beneficial to businesses and commuters along N.
Tryon. If that were to occur, then the schedule for the bridge replacement would likely move up to 2014. We will
provide updates through our public communications as the BLE progresses.
Regarding noise and vibration issues, please contact Kelly Goforth, who I have copied and who you also met at the public
meeting. Please contact me with any questions you have about the attached plan sheets or general design and
construction issues.
Todd Thorne, PE
LYNX Blue Line Extension
Charlotte Area Transit System
704 - 353 -0993
From: Bryan Hight [mailto:bhight @carolina.rr.com]
Sent: Wednesday, September 28, 20114:45 PM
To: Thorne, W. Todd
Subject: 65% cross section and detailed plans at Hight Veterinary Hospital near UNCC- BLE 3120
Hight Veterinary Hospital, PA
9528 N Tryon St
Charlotte, NC 28262
Phone (704)595 -9377
Cell (704)287 -1491
e -mail bhight @carolina.rr.com, mail @hightvet.com
Parcel ID 04931103
Property? 3246
BLE 3120
Mr. Thorne,
Thank you for the information at the meeting last night. In addition to sending me the pdf's please forward my
e -mail address so I can get more information about the potential noise and vibration impact on my business.
Thank you,
Dr. Bryan C. High
Goforth, Kelly
From: Bryan Hight [bhight @carolina.rr.com]
Sent: Thursday, October 27, 2011 11:54 PM
To: Blue Line Extension
Cc: Goforth, Kelly
Subject: 9528 N Tryon St Hight Veterinary Hospital response to Final EIS BLE
Hight Veterinary Hospital, PA
Dr. Bryan C. Hight
9528 North Tryon St
Charlotte, NC 28262
Judy Dellert- O'Keef
Charlotte Area Transit System
600 East Fourth St
9T' Floor
Charlotte, NC 28202
October 26, 2011
To Whom It May Concern:
I am writing in regards to the CATS Blue Line Extension planned to pass in the vicinity of our business.
Hight Veterinary Hospital, PA has 22 employees, and our primary patients are dogs and cats. We feel that there
will be adverse impacts related to noise and vibration, both above grade and subterranean, and traffic during
construction. We request mitigation for noise and vibration impact such as Automated Top of Rail Lubrication
System, sound and vibration dampening or insulating improvements, noise barriers, the avoidance of the use of
the train horns near our facility. We request that two way traffic be maintained on North Tryon St. in front of
our facility during and after construction. We also request that the U Turn lane and median opening, just south
of 9528 N Tryon St, be preserved for Southbound traffic on North Tryon St. across from Barton Creek Dr. We
request special circumstances be considered in the evaluation of noise and vibration impact related to our cat
and especially dog patients since they are much more sensitive to noise than humans.
Areas where noise from the BLE trains are expected to cause adverse impact for humans at the property
located at 9528 N Tryon St include the following. Adverse impact is expected to occur during studying and
concentration of written /printed materials from our veterinary library, hardcopy medical and surgical records,
and on computer displays. Adverse impact is expected to occur during communication between employees and
between employees and clients in person and on the phone.
Our business depends upon the ability to provide care and comfort to dogs and cats present in and
around our facility. Special circumstances should be used related to the expected adverse noise and vibration
impact in these animals. Dogs are able to detect sounds at a much larger frequency range of humans and are
able to hear sounds at much greater distances than humans. Our recovering surgical patients, hospitalized sick
patients, and boarding patients that must be able to sleep are located on the side of our facility closest to the
proposed light rail project. Our two outside dog exercise lots are located on the side of our building adjacent to
the BLE project and at the rear of our building adjacent to where the light rail trains are proposed to be
emerging from the trench. For sanitary and health reasons the dogs must be allowed to be free from distraction
in these areas to eliminate instead of eliminating indoors where they are housed in cages or runs.
Areas where vibration from the BLE trains are expected to cause adverse impact for humans at the
property located at 9528 N Tryon St include the following. Adverse impact is expected to occur in our surgical
room /suite located on the corner of the building adjacent to the proposed BLE and with the use of our High
Power (1000 X power) microscope. Vibration is also expected to cause adverse impact on the animals in the
above mentioned circumstances. Please provide mitigation for noise and vibration in the vicinity of our facility.
Sincerely,
Dr. Bryan C. Hight
Cc:Kelly Goforth
•
November 14, 2011
Dr. Bryan Hight
Hight Veterinary Hospital, PA
9528 North Tryon Street
Charlotte, NC 28262
RE: LYNX Blue Line Extension Northeast Corridor Light Rail Project
Final Environmental Impact Statement Comments
Dear Dr. Hight:
Thank you for your input regarding the proposed LYNX Blue Line Extension Northeast Corridor Light Rail
Project (LYNX BLE). This letter is in response to your comments on the LYNX BILE Final Environmental
Impact Statement (EIS), published by the Federal Transit Administration (FTA) in August 2011. We
appreciate your comments and want to ensure that all suggestions, objections and concerns are carefully
considered before final project decisions are made. With regard to your concerns, we offer the following:
Noise concerns: As noted in my e -mail of October 6, 2011, the process for assessing the potential
impacts for noise and vibration followed the FTA guidance manual (Transit Noise and Vibration Impact
Assessment, May 2006) and involved three levels of assessment for noise - sensitive uses, including:
screening, general assessment and detailed assessment. However, as a commercial property, the Hight
Veterinary Hospital is not considered to be noise - sensitive according to FTA guidelines. The primary
reason is that noise impact is assessed according to the potential for human annoyance at land use
locations where people sleep (Category 2) or at institutional land uses where meditation and
concentration on reading materials is necessary such as schools, libraries, theatres and churches
(Category 3). Additional detail regarding the guidance can be found in Chapter 13.0 of the Final EIS and
in the supporting technical reports.
In addition, the curves near Hight Veterinary Hospital are 700 and 714 foot - radius curves (northbound 1
southbound). These curves are not considered tight enough to cause significant wheel squeal. Noise
assessment assumptions are that curves tighter than 100 times the wheelbase may generate wheel
Squeal. The curve threshold to include squeal contributions is 620 feet. Therefore, noise impacts to your
facility related to wheel squeal are not expected.
Although the Hight Veterinary Hospital is not considered noise - sensitive, CATS understands your
concerns relative to a potential impact on your business from noise related to light rail operations.
Therefore, CATS will commit to assess conditions at your location once the system is constructed and
light rail is in operation. if noise impacts do occur, then mitigation measures will be identified and
employed.
Vibration concerns: With regard to vibration, an assessment has been performed by our noise and
vibration consultant, Harris Miller Miller and Hanson (HMMH). According to FTA guidelines, potential
vibration impact is assessed for facilities with vibration- sensitive equipment and/or operations and these
criteria may be lower than the thresholds for human perception. For a veterinary hospital, which may
r,i��,r�irc: �n�-a r,Qan5rr5ss��,+
Continued ...
www.ridetransit.org
600 East Fourth Street
Charlotte, NC 28202
PH: 704- 336.6917
FAX: 704- 353 -0797
Page 2
Dr. Bryan Hight
typically include operating rooms or medium- powered optical microscopes, the applicable vibration
criterion would be the Residential Night/Operating Room criterion of 72 VdB. The maximum vibration level
for the use of a high - powered microscope, a piece of equipment that you indicated particular concern
about, is 60VdB. The Hight Veterinary Hospital building is approximately 150 feet from the proposed
LYNX BLE alignment, and at this distance the projected vibration level from light rail operations is 38
VdB, well below the thresholds for potential impact. Therefore, no vibration impact is expected to occur at
the Hight Veterinary Hospital.
Traffic concerns: The current design of the BLE maintains the existing median opening and left turn lane
across from Barton Creek Drive after construction of the project. Relative to potential construction traffic
impacts, construction of the proposed project would result in temporary lane and road closures. As noted
in Chapter 18.0 of the Final EIS, careful planning would be required to reduce disruptions to traffic; and
the staging of construction would require astute planning and coordination to minimize the need for traffic
detours while maintaining adequate traffic flow. Maintaining business access would be a priority for CATS
and our contractors. A Maintenance of Traffic plan will be developed and CATS and its contractors will
coordinate with the traffic control divisions of the Charlotte Department of Transportation (CDOT) and the
North Carolina Department of Transportation (NCDOT) to maintain reasonable and safe traffic operations
along the corridor. This mitigation plan is noted in Chapter 18.0 of the Final EIS and will be included in the
Record of Decision for the project. In addition, near to the Hight Veterinary Hospital, CATS is coordinating
anticipated construction of the LYNX BLE with the NCDOT as they are scheduled to replace the North
Tryon Street/US -29 bridges over Mallard Creek, located just north of Hight Veterinary Hospital. Currently,
NCDOT's planned timeframe for construction fits within the proposed LYNX BLE construction timeframe.
NCDOT has indicated that they are receptive to coordinating the anticipated construction schedules to
minimize impacts to the community and to businesses. At this lime, the specific details of the NCDOT's
planned traffic phasing and traffic control plan have not been determined. However, it is the goal of CATS
that construction of the LYNX BLE along North Tryon Street/US -29 (north of JW Clay Boulevard) be
performed during NCDOT's traffic phasing of their proposed bridge construction. The locations of
proposed median openings during construction are unknown at this time.
The FTA is currently developing the Record of Decision (ROD) for the LYNX BLE. The ROD will take into
consideration all comments received on the Final EIS and will include responses to agency and public
comments that were received. As such, your comments, as well as this letter will be included in the ROD.
The commitment for CATS to assess noise conditions at your location once light rail operations begin, as
well as the maintenance of traffic plan identified in the Final EIS, will be included as mitigation
commitments in the ROD. It is anticipated that the ROD will be issued in late 2011. Subsequent to the
ROD, the next steps would be property acquisition and final design, followed by construction. It is
currently anticipated that the LYNX BLE would open for revenue service in late 20161 early 2017.
Again, thank you for your comments on the LYNX BLE project, and I hope this information addresses
Your concerns. If you have any questions, please contact me at kgofortliAcharlottenc.gov or 704 -336-
3513.
Sincerely,
Kelly Goforth
Project Development Manager
C: Danny Rogers, Senior Project Manager, CATS
Brian Smart, Environmental Protection Specialist, FTA Region IV
Keith Melton, Community Planner, FTA Region IV
FA
Blue Line Extension
Final Environmental
Light Rail Project
Impact Statement
Your Opinion Counts
Thank you for your interest in the LYNX Blue line Extension project.
Name: j�� Q't' Phone:
Organization: �-t�� +' �1`7� c,cak lC�.o� UMOL Email:
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Comnients may also be mailed to Judy Dellert- O'Keef, Charlotte Area Transit System, 600 East Fourth 5tree th loor, C arlott��CQ-
28202; faxed to 704- 432 -2729 or emailed to bluelineextensiorn @charlottenc.gov. Written comments must be postmarked, faxed,G
emailed or hand delivered by October 27, 2011. amass 7�
For more information, call 704 - 336 -RIDE (7433) or 866 - 779 -CATS (2287) or visit
www.ridetransit.org. To sign up for rider alert email service, visit www.ridetransit.org.
Goforth, Kelly
From: Goforth, Kelly
Sent: Friday, October 21, 2011 3:38 PM
To: 'Da.mai @earthlink.net'
Cc: Dellert- OKeef, Judy; 'brian.smart @dot.gov'; LYNX BLE Records; Mock, Andrew; Hennessey,
Kevin; Thorne, W. Todd
Subject: RE: Final EIS Public Comment for DA D. Mai
Attachments: 20111012091722605. pdf
Dear Mr. Mai,
Thank you for attending our public meeting on October 11, 2011, and submitting your comment.
The LYNX Blue Line Extension team has been evaluating the proposed driveway on your property because the current
concept has impacts to existing drainage patterns. This evaluation has identified the following alternatives, which are
outlined below:
1. Access the site at the traffic signal at 103 Eastway Dr., then traverse behind the Carolinas Medical Center
building (251 Eastway Dr.) within North Carolina Railroad (NCRR) right -of -way to access the Traction Power
Substation (TPSS). This concept would completely remove the driveway from your site.
2. Access the site at the traffic signal at 103 Eastway Dr., and traverse across the front of the CIVIC building to
enter your site. This concept would require a driveway, but would lessen the impact to only the rear part of your
site.
In the two alternatives above, CATS will approach the owners of 103 Eastway Dr. and 251 Eastway Dr. as part of the Real
Estate negotiations process, which will commence upon the Federal Transit Administration's issuance of the Record of
Decision in December of 2011. If the property owners are amenable to one, or the other approach, then CATS will
proceed in that manner.
3. The current concept, accessing the TPSS via a driveway across your property. In this case, we will work with you
to address your access needs , which may include making a portion of the driveway public to give you access to
Eastway Dr. and the adjacent property if this is desirable to you and your neighbor.
In any scenario, CATS will likely purchase property from you for the purpose of locating a traction power substation
(TPSS), which provides power to our light rail system, and the associated utility easements for an underground power
line. The real estate acquisition process will follow the requirements of the federal Uniform Relocation Assistance and
Real Property Acquisition Policies Act.
We will contact you with the outcome as a part of the Real Estate process, and we look forward to working with you as
the project continues to move forward.
Sincerely,
Kelly R. Goforth
Project Development Manager
LYNX Blue Line Extension Light Rail Project
Charlotte Area Transit System
600 East Fourth St.
Charlotte, NC 28202
(704) 336 -3513
From: Thomson, Theo
Sent: Wednesday, October 12, 20119:27 AM
To: LYNX BLE Records
Cc: Dellert- OKeef, Judy; Goforth, Kelly
Subject: Final EIS Public Comment for DA D. Mai
Please file in 06318 Public Comments for the Final EIS.
The text of Mr. Mai's comments is as follows:
Name: DA D. Mai
Phone: 980- 275 -9472
Organization: Individual land owner
Email: Da.mai @earthlink.net
Address: 3124 Windsor Dr., Charlotte, NC 28209
Comments:
The current plan of the access rd to TPSS #14 is lying over the prime piece of our property. This Rd prohibits valuable
traffic access to our property. We request the city either DO AWAY or relocate the access road.
(1) Do away with the current access Rd and use the adjacent lot's access to the power station.
(2) Alternatively we propose to open an access Rd along the railroad to gain access to the station.
Goforth, Kelly
From: Lawrence, Jason
Sent: Wednesday, November 16, 2011 12:12 PM
To: 'Christopher McMillan'
Cc: Goforth, Kelly; Makoid, Meghan; Dellert- OKeef, Judy; Jennifer Schwaller;
'brian.smart @dot.gov'; LYNX BLE Records
Subject: RE: Support of BLue Extension and Request for Further Assistance From Legal Blind
Charlotte Resident
Sensitivity: Private
Mr. McMillan,
Thank you for your support and interest in the LYNX Blue Line Extension (BLE). As you know, I forwarded your request
for transit service to the CATS service planning group. Larry Kopf, Chief Operations Planning Officer, contacted you on
October 27, 2011 to discuss the options for additional bus service in your area. As Mr. Kopf discussed with you, due to
our operating budget limitations, CATS has no immediate plans to provide service to your neighborhood. However as
part of the FY 13- FY 17 Countywide Transit Service Plan (CTSP), we will include your request as possible new transit
options. In the CTSP, CATS includes service requests that will be considered and evaluated as funding allows.
Thank you again for your comment regarding the LYNX Blue Line Extension light rail project.
Jason Lawrence
Transportation Planner
Charlotte Area Transit System
704.336.4106
From: Christopher McMillan rmailto: christophermcmiIlan @hotmail.coml
Sent: Wednesday, October 12, 2011 5:50 AM
To: Lawrence, Jason; governor.office @nc.gov; Christopher Michael McMillan ; Christopher McMillan, CIO KMB Massage
Therapy
Cc: Blue Line Extension; ghraynfbofnc @charter.net; brian.smart@dot.gov; nccb202O @bellsouth.net;
info @disabilityrightsnc.org; eddie.weaver @dhhs.nc.gov; Eddie Everett
Subject: Support of BLue Extension and Request for Further Assistance From Legal Blind Charlotte Resident
Importance: High
Sensitivity: Private
Dear Mr. Lawrence:
I greatly appreciate your time yesterday as you discussed the options for possible additonal bus
service and rail service in the Charlotte University area. I appauld the work you and CATS are doing.
I have included my contact information below, my google maps location and finally a thought I want to
propose as a legally blind IT consultant. I have lived in the best mass transit areas of this
country (Northeast. Central California. etc) and have moved here hoaina for chances to occur
to allow me my expand my personal, educational, and employment _goals.
Please share my contact information with your contact for opportunties for my wife and I to come to
meetings in the future to support for better accessibility as a legal blind transit rider in need of better
support. I can urge the Government of Charlotte, DOT Support on the National Level, and blindness
organizations to stand by this issue to help legal blind people get equal access to transportation.
have been on advisor boards before for State Services for the Blind in Connecticut and I
understand what it will take to get access / advocay to meet my goals. I have no problems
adovating for myself.
My Contact information is as follows:
Christopher McMillan
4022 Linsbury Court
Charlotte, NC 28213
Cell Phone: 980 333 7400
Fax Line: 704 973 9969
chrism cmiIlan(a)hotmai1.com Private E -mail
chrismcmillan (a)ceektechnology.com Work E -mail
Google Maps Location for Transporation Options:
http://maps.google.com/?11=35.294494,-
80. 685128 &spn =0. 00951,0. 013797& hnear = 4022 +Linsbury +Ct,+ Charlotte, +North +Carolina +28213 &t
= m &z= 16 &vpsrc =0
http://q.co/maps/5hqh2
Please forward this information to any and all contacts you have in the Harrisburg, Concord, Charlotte
Mass Transit Staff as it relates to Bus and Rail Support.
I look forward to assisting make the 2nd largest community in Mecklenburg County one of the
friendlest mass transit areas in Charlotte University area.
Sincerely,
Christopher McMillan, CIO
CEEK Technology
Blog: http: / /blinditandnetworkadmin .blogspot.com
Web Site: http: / /www.ceektechnologV.com
�'r�ry awawaay
chrismcmillan (a�ceektechnology.com (Instant Messager and E -mail)
Goforth, Kelly
From: brian.smart @dot.gov
Sent: Friday, December 02, 2011 8:54 AM
To: Goforth, Kelly
Subject: FW: Support of Blue Extension and Request for Further Assistance From Legal Blind
Charlotte Resident
Attachments: image001.gif
Importance: High
Sensitivity: Private
Hi Kelly,
I received this email comment this morning.
Brian
Brian C. Smart
Environmental Protection Specialist
Federal Transit Administration, Region IV 230 Peachtree Street, NW - Suite 800 Atlanta, GA
30303
Phone: 404.865.5607
- - - -- Original Message---- -
From: Christopher McMillan - Hotmail [mailto: christophermcmillan @hotmail.com]
Sent: Fri 12/2/2011 6:07 AM
To: mayor @charlottenc.gov; governor.office @nc.gov; Smart, Brian (FTA);
christophermcmillan @hotmail.com
Cc: mroberts5 @carolina.rr.com; jcollett @ncdot.gov
Subject: FW: Support of Blue Extension and Request for Further Assistance From Legal Blind
Charlotte Resident
Dear Honorable Mayor Foxx:
I would like to thank you for the opportunity to speak at the MTC Meeting this week on
November 30 2011.
Being that I live in the second largest community of Mecklenburg county here in Old Stone
Crossing, I ask that this area continued to be looked at for transportation options.
Once the Blue Line occurs for the area by 2017, this will help greatly but
only if Congress provides the funding.
1
I feel that the UNCC area is an area that is poorly served for the disabled and based on CATS
and STS funding at 2005 level my position for transportation assistance will be limited.
I ask for your continued support for funding from the Governor's office and the United States
DOT.
I will be faxing this letter to my congressional membership to help get additional funding.
Your loyal Charlotte Resident.
Sincerely
Christopher McMillan, CIO
704 208 4264 Business Line
980 333 7400 Cell Phone
704 973 9969 Fax Line
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2
-Merrifield
Patrick
Vermillion
commercial real estate experts
September 28, 2011
Kelly Goforth
Project Development Manager
Charlotte Area Transit System
600 East Fourth Street
Charlotte, NC 28202
Re: Consulting Party Request for the CATS Blue Line Northeast Extension Project
Dear Ms. Goforth,
James E. Merrifield
Managing Partner
704 - 561 -5241
jmerrifield@mpvre.com
Merrifield Patrick Vermillion (MPV) on behalf of RM 36th Street Investors, LLC (RM 36`h St) formally requests to
participate as a consulting party in the review process for the Charlotte Area Transit System (CATS) Blue Line Northeast
Extension project, in Charlotte, North Carolina. This request to be a consulting party is per Section 106 of the National
Historic Preservation Act (NHPA) pursuant to 36 C.F.R. §§ 800.2(c)(5), 800.3(1)(3).
RM 36th Street owns the Grinnell Manufacturing Building (430 East 36"' Street; 399 East 35`h Street and 401 East 351h Street),
a contributing resource to the National Register North Charlotte Historic District, which is within the Charlotte Area Transit
System Blue Line Northeast Extension project Area of Potential Effects.
RM 36`h Street and MPV have great interest in the North Charlotte Historic District. This historic district was in its early
stages of revitalization when RM 36th Street and MPV saw the opportunity to reinvest in the commercial district. MPV
rehabilitated the Nevitt building at 3205 N. Davidson Street. In addition MPV has developed the Lofts 34 building at 3100
N. Davidson Street and the Fat City project at 3123 North Davidson Street. By designing these projects to have ground floor,
street -front retail space and upper story residential units, MPV contributed to the revitalization of the North Charlotte Historic
District historic district. MPV has helped foster the growth of this dynamic area and has a long term interest in the area.
The Blue Line Northeast Extension has the potential to affect this historic district. RM 36th Street would like the opportunity
to consult with CATS, North Carolina State Historic Preservation Office, and other consulting parties to ensure the light rail
brings about positive change to the historic district.
We appreciate your consideration of our consulting party request, and we look forward to working with you as the Section
106 review process moves forward with the CATS Blue Line Northeast Extension project.
Respectfully submitted,
RM 36t' Street Investors, L C
mes I Merrifield
anager
C C: Renee Gledhill - Early, NC State Historic Preservation Office
521 E. Morehead Street, Suite 400 Charlotte, NC 28202 T 704.248.2100 F 704.248.2101 www.mpvre.com
STV /Ralph Whitehead Associates
LYNX Blue Line Extension Northeast Corridor Light Rail Project
Date: 11/02/2011
Meeting Notes
Contract #: 08 -477 Job No.: 2513745
Project: LYNX Blue Line Extension NECLRP Meeting Name: MPV /SHPO Meeting - Grinnell
Meeting Location: CMGC - Conf Room 801
Meeting Date: 11/02/11
Attendees: Name
Listed below
NOTES:
Attendees:
Representing
Kelly Goforth, CATS
Jean Leier, CATS (by phone)
Tina Votaw, CATS
Dan Thilo, Planning
Laura Rushing, E&PM Real Estate
Brian Smart, FTA (by phone)
Renee Gledhill - Early, SHPO (by phone)
Jim Merrifield, Merrifield Patrick Vermillion (MPV)
Kelly Merrifield MPV (by phone)
Jennifer Schwaller, STV (by phone)
Brian Query, STV
Steve Karnis, STV
Starting Time: 10:00 AM
Ending Time: 11:15 AM
-K. Goforth gave a brief summary of Section 106 findings relative to the North Charlotte Historic
District and the Grinnell Manufacturing Building.
- Relative to MPV's request to be a Consulting Party to the Section 106 process, B. Smart described
the two types of consulting that occur with Section 106; namely 1) those of SHPO and local
governments and 2) those of other parties, such as those with economic interests. Because MVP has
an economic interest in the Grinnell Manufacturing Building and the North Charlotte Historic
District, they can be a Consulting Party to the Section 106 process. Parties such as MPV can
participate and comments /concerns will be taken into consideration by FTA.
-J. Merrifield provided a summary of his concerns relative to the North Charlotte Historic District
and to the Grinnell Manufacturing Building. Relayed concerns that the "tunnel" created by the
depression of 36th Street will change the pedestrian character of the historic district. He also
expressed concerns relative to street presence and access to the Grinnell Manufacturing Building. J.
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Merrifield's overall opinion was that the depression of 36th Street would be an adverse impact on the
historic district.
-R. Gledhill- Earley relayed that pedestrian connectivity is maintained since a sidewalk would be built
along both sides of 36th Street, and the addition of a retaining wall along a relatively short portion of
36th Street would not constitute an adverse impact to the historic district as a whole. Relative to the
Grinnell Manufacturing Building specifically, R. Gledhill- Earley relayed that CATS has avoided
adversely impacting the property by addition of the retaining wall and underpinning system.
Additionally, the loading dock is remaining intact (though access would be eliminated). L. Rushing
noted that MPV would be compensated for the loss of access through the real estate process. R.
Gledhill- Earley noted that CATS has made a good case that they could build the LYNX BLE without
destroying or adversely altering the building. She re- affirmed the finding of No Adverse Effect for
the North Charlotte Historic District.
-J. Merrifield indicated that the long -term plans for the Grinnell Manufacturing property include
razing the building and redeveloping the site. He is concerned about potential redevelopment
challenges associated with the Presence of the 16' retaining wall, the street presence of a future
building particularly where 36t Street is depressed, and the potential "mis- match" with pedestrian
standards. J. Merrifield relayed concern about MPV's ability to comply with local design standards
with the aforementioned development challenges.
-D. Thilo confirmed that MPV would have to comply with urban design guidelines for the station
area. He relayed that the Station Area Plan for 36th Street has not yet been completed. The plan would
respond to the future existing conditions, including the proposed retaining wall and depression of 36th
Street.
-B. Smart suggested that J. Merrifield submit comments on the Final EIS regarding the impact on his
property by the November 14th comment close date. CATS will respond to the formal comment letter
and will include a commitment to complete the Station Area Plan for 36th Street. The local process,
which includes public involvement and the opportunity for interested parties, such as MPV, to
provide input will foster a forum for cooperative decisions regarding the requirements for
development around the station. This commitment will be included in FTA's Record of Decision
(ROD).
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U.S. Department
of Transportation
Federal Transit
Administration
November 14, 2011
Mr. Janies E. Merrifield
Managing Partner
Merrifield Patrick Vermillion
521 E. Morehead Street, Suite 400
Charlotte, NC 28202
REGION IV
Alabama, Florida, Georgia,
Kentucky, Mississippi,
North Carolina, Puerto
Rico, South Carolina,
Tennessee, Virgin Islands
230 Peachtree St., N.W.,
Suite 800
Atlanta, GA 30343
404 -865 -5600
404 - 865 -5605 (fax)
RE: Consulting Party Request for the CATS Blue Line Northeast Extension Project
Dear Mr. Merrifield:
The Federal Transit Administration (FTA), Region IV, in cooperation with the Charlotte Area Transit
System, has received your letter of request to participate as a consulting party in the Section 106 process
for the proposed LYNX Slue Line Extension Northeast Corridor Light Rail Project in Mecklenburg
County, North Carolina, as specified at 36 CFR 800, the implementing regulations for the National
Historic Preservation Act (NHPA).
As you know, the Preferred Alternative (also referred to as the undertaking) for the Northeast Corridor is
the light rail alternative extending from CATS' existing (South Corridor) Blue Line LRT Iine 7 "` Street
Station to the campus of UNC Charlotte. The northern terminus will be located at UNC Charlotte
adjacent to Cameron Boulevard. The project is aligned primarily in existing railroad right -of -way and
within the rights-of-way of North Tryon Street to the point it enters new alignment to access the campus
of UNC Charlotte. Some portions will be elevated up and over existing freight tracks, roads or other
geographic constraints and at least one existing roadway (36 "' Street) will be depressed below - grade. The
project will add approximately 9,4 miles of two -track light rail line with 11 new stations to CATS'
existing light rail transit system. Approximately 3,300 parking spaces will be provided at four of these
stations.
The FTA agrees that you and your legal business entity, Merrifield Patrick Vermillion, are considered an
cidditional cons fltingparlyto the Section 106 process under §800.2(c)(5) of the NHPA. Additional
consulting parties, as defined in the NHPA, are considered to be "certain individuals and organizations
with a demonstrated interest in the undertaking who may participate as consulting parties due to the
nature of their legal or economic relation to the undertaking or affected properties, or their concern with
the undertaking's effects on historic properties. The objective of this provision is to bring other
consulting parties into the process at an early point. However, while §800.3(f) requires that this be done
at the initiation of the review, the regulations also state that the Federal agency (FTA) should also be
sensitive to the need to involve additional consulting parties at later stages in the process, as potential
project impacts become better understood and the interests of other parties become clearer. The objective
is to ensure that the Federal agency has adequately consulted with those who have significant interests in
historic preservation issues.
Merrifield
November 14, 2011
Page 2 of
FTA understands that Merrifield Patrick Vermillion has an interest in the undertaking due to a concern for
potential impacts to a historic property in your ownership, known as the Grinnell Building, overall effects
to the North Charlotte Historic District (NoDa) and questions concerning the No Adverse Effect
determination for the Grinnell Building and NoDa. FTA, therefore, instnicted CATS to respond to your
request by inviting you to discuss your concerns with CATS, FTA, and the North Carolina State Historic
Preservation Office on November 2, 2011.
During this meeting, it became apparent that with the exception of your concerti for the proposed
depression of 36'h Street, the concerns for potential adverse impacts to the Grinnell Building and NoDa
are primarily focused on the potential Iand use and economic impacts of the undertaking in terms of
future use of the property and other parcels within NoDa and not specifically the potential adverse
impacts to historic resources. Therefore, FTA suggested that further coordination with local officials
regarding the Station Area Concept for the 36th Street Station should be included as a mitigation
commitment to resolve the design and pedestrian access concerns resulting from the proposed depression
of 36th Street. FTA will ensure that this commitmerit Is included In the Mitigation Commitments and
Monitoring Plan for the project. FTA also encouraged you to review the Final Environmental Impact
Statement (FEIS) for the project and submit continents during the FEIS public comment period, rather
than enter as a Section 106 consulting party. In response to this, on November 14, 2011, FTA received a
letter from Merrifield Patrick Vermillion outlining your concerns.
FTA, in cooperation with CATS will provide a response to your letter following our efforts to further
coordinate with the local planning agency. All comments received during the FEIS public comment
period will be documented in the Record of Decision (ROD) that FTA expects to issue by the end of
2011. Merrifield Patrick Vermillion will be notified once the ROD is issued and you will be provided
with further information concerning the public availability for the ROD.
Sincerely,
Bria . Smart
Environmental Protection Specialist
CC: Yvette Taylor, FTA
Keith Melton, FTA
Kelly Goforth, CATS
Renee Gledhill - )early, NC SHPO
►a
-Merrifield
Patrick
Vermillion
commercial real estate experts
November 14, 2011
Brian Smart
Federal Transit Administration
230 Peachtree Street, NW, Suite 800
Atlanta, GA 30303 -1512
Via Email: brian.smart @dot.gov
Re: Comments on CATS Blue Line Northeast extension FEIS
Dear Mr. Smart,
James E. Merrifield
Managing Partner
704 - 561 -5241
jmerrifield @mpvre,com
RM 36th Street Investors, LLC, the owner of the Grinnell Building at 430 East 36th Street, is
formally submitting comments to the Charlotte Area Transit System (CATS) Blue Line Northeast
Extension project Final Environmental Impact Study. The proposed sixteen foot depression of
36th Street causes both direct and indirect adverse effects on the National Register North
Charlotte Historic District and a contributing resource within the Historic District, the Grinnell
Building. Additionally, the depression causes an adverse economic effect on the Grinnell
Building.
The proposed sixteen foot depression on 36th Street causes a direct adverse effect on the North
Charlotte Historic District. This depression changes several aspects of integrity for this section of
the historic district: the setting, feeling, and design. The North Charlotte Historic District is a
large, walkable neighborhood built as a textile manufacturing district in the early twentieth
century, designed to have the industrial, commercial, and residential areas easily accessible.
The scale and connectivity between these areas by the network of roads and sidewalks is a
defining feature of the historic district. As highlighted in the National Register nomination, "the
most important visual characteristics are the scale and rhythm of the streetscapes" (North
Charlotte Historic District National Register nomination section 7, page 11). The sixteen foot
depression changes the design for the historic district because the streetscape will be drastically
altered. Cars and pedestrians alike will no longer be at street level, but rather view the historic
district from sixteen feet below the original level. While this section of 36th Street is at the edge
of the historic district, it is in the heart of the industrial section, as well as "main entrance" to
the historic district from the proposed CATS Blue line station. Pedestrians entering the historic
district will do so from sixteen feet below the original street - level. This change in design and
setting alters the feeling of this section of the historic district.
The CATS Blue Line Northeast Extension project indirectly adversely affects the Grinnell Building,
a contributing resource to the North Charlotte Historic District. The 36th Street depression,
which runs in front of the Grinnell Building, indirectly alters the integrity of this contributing
resource. The sixteen foot depression dramatically diminishes the setting of the Grinnell
Building. The building will no longer have a direct relationship with 36th Street as originally
designed; the road and the sidewalk will be sixteen feet below the floor of the building. Instead
of being able to walk out the front of the building and directly onto the sidewalk, the proposed
521 E. Morehead Street, Suite 400 Charlotte, NC 28202 T 704.248.2100 F 704.248.2101 www.mpvre.com
plan will cause a substantial drop from the door down to the new street level. As a result,
different entrances will have to be used as the main entrance so people can actually enter the
building, which will change the orientation of the building. Since the setting of the building will
be altered, users of the building will no longer be able to access the road.
The 36`h Street depression causes an adverse economic effect on the property. The sixteen foot
depression and resulting retaining wall blocks access to the loading dock to the property.
Tenants of the building currently use this loading dock. Not having access to the loading dock
means they cannot continue to run their business. Additionally, the 36`h Street side of the
building is the front of the building and is the only street which the building faces. The building
will no longer have a street presence because once the street is lowered 16 feet below the
original street level, vehicles and pedestrians can no longer access the building. Cutting the
property off from vehicular and pedestrian access means it can no longer be used for its current
use or be reused for any future project.
Please take into consideration these adverse effects on the Grinnell Building and the North
Charlotte Historic District as a result of the 16 foot depression of 36th Street as the Federal
Transit Administration finalizes the CATS Blue Line Northeast Extension project with CATS.
Sincerely,
RM 36`h Street Investors, LLC
By: Merrifield Partners, LLC, Manager
+ By:
A s E. Merrifield,
CC: Judy Dellert- O'Keef
Charlotte Area Transit System
Via Email bluelineextension @charlottenc.gov
•
f' i�
CUL LOrI,rA rr E"
November 29, 2011
Mr. James E. Merrifield
Managing Partner
Merrifield Patrick Vermillion
521 E. Morehead St., Suite 400
Charlotte, NC 28202
RE: Response to Comments on the LYNX Blue Line Extension Final EIS
Dear Mr. Merrifield:
Thank you for your letter of November 14, 2011 submitting comments to the Federal Transit
Administration (FTA) on behalf of RM 36ffi Street Investors, LLC regarding the LYNX Blue Line
Extension (BLE) Final Environmental Impact Statement. We appreciate your comments and
want to ensure that all suggestions, objections and concerns are carefully considered before
final project decisions are made. With regard to your concerns, we offer the following:
Regarding your concern about the effect of grade separation of 3& Street from the railroad
corridor on the historic district, the Noah Carolina State Historic Preservation Office (SHPO) has
determined that a No Adverse Effect. As a result of your request to be a consulting party in the
Section 106 process, a meeting to discuss your concerns with CATS, FTA and the SHPO was
held on November 2, 2011. As discussed at the meeting, vehicle and pedestrian connectivity is
maintained with 361h Street, which includes sidewalks on both sides of the street; the addition of
a retaining wall for a relatively short portion of 36th Street would not constitute an adverse effect
on the district as a whole. Through the construction of the retaining wall and proposed
underpinning of the Grinnell Building, CATS has avoided direct impacts to the building structure.
In addition, the grade separation will improve pedestrian, bicycle and vehicular connectivity and
safety across the existing freight and future light rail corridor.
We understand that you also have concerns about the potential impacts on future development
of your property from the 36`h Street grade separation. As we discussed at our meeting on
November 2, 2011, these concerns are best addressed through the station area planning
process for the 36'h Street station area and through the development process. The Charlotte -
Mecklenburg Planning Department will develop station area plans for each of the stations on the
BLE, including the 36`h Street, beginning in 2012.
Station Area Plans are intended to provide an in -depth look at the current conditions in the area
surrounding the LRT station and make recommendations to:
• Facilitate the right mix of development and appropriate infrastructure to complement the
transit investment; and
• Optimize the land use and infrastructure within the larger corridor to support its
continued ability to accommodate growth.
C114R71711Z'AME4 rRARJb % /'St.5 -lEfd
Continued.. ,
www.ridetransit.org
600 East Fourth Street
Charlotte, NC 28202
PH: 704- 336 -6917
FAX: 704 - 353.0797
Mr. James E. Merrifield Page 2
The Station Area Plan will identify opportunities and constraints in the station area, and provide
recommendations for land use policy, a streetscape plan, and guidance for infrastructure
investments. The process will include public involvement and the opportunity for interested
parties, including property owners, to provide input,
Regarding your concerns about direct impacts to your property, please refer to the attached
exhibit. Regarding the loss of access to the loading dock along 361h Street, the closing of this
access will be compensated and cured through the real estate process in compliance with the
Uniform Relocation Assistance and Real Estate Acquisition Policies Act. Access for vehicles
and pedestrians to the main entrance and parking lot located at the eastern corner of the
building on 36'h Street, will be maintained. In addition, the existing access to the site from 35th
Street is not affected,
The FTA is currently developing the Record of Decision (ROD) for the LYNX BILE. The ROD will
take into consideration all comments received on the Final EIS and will include responses to
agency and public comments that were received. As such, your comments, as well as this letter,
will be included in the ROD. In addition, the commitment to complete the station area plan for
the 36`h Street Station will be included in the Mitigation Commitments and Monitoring Plan for
the project, and will be documented in the Record of Decision. It is anticipated that the ROD will
be issued in late 2011. Subsequent to the ROD, the next steps would be property acquisition
and final design, followed by construction. It is currently anticipated that the LYNX BLE would
open for revenue service in late 20161 early 2017.
Sincerely,
Kelly R. Goforth
Project Development Manager
Cc: Brian Smart, Environmental Protection Specialist, FTA
Keith Melton, Community Planner, FTA Region IV
Danny Rogers, BILE Project Director, CATS
Renee Gledhill - Early, NC State Historic Preservation Office
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Goforth, Kelly
From: Gledhill - earley, Renee [renee.g led hill- earley @ncdcr.gov]
Sent: Wednesday, September 28, 2011 5:08 PM
To: Norwood Thompson
Cc: Goforth, Kelly
Subject: RE: Historical Building?
Mr. Thompson:
I have talked with Kelly Goforth at CATS to ask that she set up a meeting so that we all can talk together. I've given her
your contact information and expect that she will be trying to schedule a meeting in the next several weeks.
Have you considered the benefits of being a National Register - eligible property? In Charlotte it seems that folks are
actively looking for historic industrial properties to rehabilitate and put to new uses. This is due in part to the federal and
state investment tax credits that are available for the rehabilitation of historic buildings. And, as your property was a
manufacturing facility, you may want to check and see if it would qualify for the NC Mill Tax Credit. All three tax credits are
explained on our webpage at http: / /www.hpo.ncdcr.gov /tchome.htm
Renee G -E
Renee Gledhill - Earley
Environmental Review Coordinator
NC State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699 -4617
Phone: 919 - 807 -6579 Fax: 919 - 807 -6599
http: / /www.hpo.dcr.state.nc.us
Special Notice: To expedite review of your project, you may wish to follow the directions found at
hllp: / /www.hpo.ncdcr.gov /er /er email_submittathtml for submitting requests via email.
*This message does not necessarily represent the policy of the Department of Cultural Resources. E -Mail to and from me, in
connection with the transaction of public business, is subject to the North Carolina Public Records Law (N.C.G.S. 132) and may be
disclosed to third parties.*
From: Norwood Thompson [mailto:nthompson @walthomgroup.com]
Sent: Tuesday, September 27, 2011 11:43 AM
To: Gledhill - earley, Renee; Crawford, Rob; Bartos, Ramona
Cc: 'Gray, Stewart'; jrogers @charlottenc.gov; Swallow, Ann; 'George Whiting'
Subject: RE: Historical Building?
It seems to us redevelopment would be smart and that historic determination creates a problem for the city. If you could
clarify this as our plans would be to demolish and redevelop in an appropriate manner, either by us or CATS. CATS is
telling us the potential historic determination prevents them from developing the property.
We appreciate your help in this matter.
Norwood Thompson
Goforth, Kelly
From: Goforth, Kelly
Sent: Thursday, October 13, 2011 1:30 PM
To: 'Norwood Thompson'
Cc: 'Gledhill - earley, Renee'; 'brian.smart @dot.gov'; Makoid, Meghan; Zeiler, Peter Q.; Votaw,
Tina; LYNX BLE Records; Dellert- OKeef, Judy
Subject: Standard Chemical Products Plant Follow Up Information
Mr. Thompson,
It was a pleasure meeting with you Monday to discuss your property located at 600 Sugar Creek Road (former Standard
Chemical Products Plant). We appreciate you taking the time to learn more about the Blue Line Extension Light Rail
Project as it relates to your property. We hope that this meeting was helpful and that the information Ms. Renee
Gledhill - Earley of the State Historic Preservation Office and Mr. Brian Smart of the Federal Transit Administration Region
IV office provided about the Federal Regulations for federally funded transportation projects as and historic properties
was helpful to understanding CATS' overall approach in locating the Sugar Creek Station and Park and Ride.
As you requested, below please find a link to access the LYNX Blue Line Extension Historic Architectural Survey Report
discussed during our meeting:
• CATS Northeast Corridor Light Rail Project. (2008). Phase II Historic Architectural Survey Report. Prepared by
Mattson, Alexander and Associates.
I am also including a list of City staff contacts to assist you in developing a contacts of local real estate firms, developer
and historic rehabilitation /restoration specialists.
Tina M. Votaw, LEED° AP, GGP°
Transit Oriented Development (TOD) Specialist
City of Charlotte Charlotte Area Transit System (CATS)
(v) 704.432.3013 (e) tvotaw @charlottenc.gov
Peter Q. Zeiler
Transit Station Area Development Coordinator
City of Charlotte Neighborhood and Business Services
(v) 704.432.2989 (e) pzeiler @charlottenc.gov
Should you have any additional questions about the LYNX Blue Line Extension Light Rail Project, please do not hesitate
to contact me directly.
Sincerely,
Kelly R. Goforth
Project Development Manager
LYNX Blue Line Extension Light Rail Project
Charlotte Area Transit System
600 East Fourth St.
Charlotte, NC 28202
(704) 336 -3513
Goforth, Kelly
From: Goforth, Kelly
Sent: Thursday, November 17, 2011 10:11 AM
To: 'war30 @co.henrico.va.us'
Cc: Dellert- OKeef, Judy; 'brian.smart @dot.gov'; LYNX BLE Records; Makoid, Meghan; 'Jennifer
Schwaller'; Rogers, Danny
Subject: RE: Northeast BLE Final Public Comment Period (WBS 0631 B)
Dear Mr. Ward:
Thank you for your input regarding the proposed LYNX Blue Line Extension Northeast Corridor light rail project. We
appreciate your comments and want to ensure that all suggestions, objections and concerns are carefully considered
before final project decisions are made. We regard to your concerns, we offer the following:
• Tree Protection —The project's design criteria includes the requirement to preserve mature and healthy existing
trees where possible. In addition, the project will comply with the tree protection requirements of the Charlotte
Tree Ordinance. CATS is also working with UNC Charlotte staff to develop a plan to reforest areas on campus
that are disturbed by BLE construction.
• Building materials and landscaping — Design guidelines called the "Urban Design Framework" have been
developed to guide the aesthetic treatments and landscaping in station areas and for project components such
as signal houses. The urban design framework considers the context of the surrounding area in its
recommendations for design treatments.
• Pedestrian Station Access - A sidewalk is included on both sides of 36th Street. The current design of the 36th
Street station allows access to the station from the northeast side of 36th Street only. On the other side, to avoid
impacts to the NewCo Fibre / Grinnell Manufacturing building, a contributing resource to the North Charlotte
Historic District, it is not feasible to provide access to the station from the southwest side of 36th Street.
• NoDa and UNC Charlotte Design — Generally, the BLE station design includes light rail canopies, benches, and
other amenities similar to the stations on the existing LYNX Blue Line. CATS has been working closely with both
the NoDa neighborhood and UNC Charlotte staff to ensure that those particular stations fit within the context of
these unique communities, by incorporating integrated art into the station design. CATS Art -in- Transit staff has
presented the potential art projects to the community for public input, and will continue to refine these
concepts in Final Design. The BLE will also progress the design for signage and wayfinding as the project moves
forward. As part of this, CATS will work with the NoDa community to obtain input on the design .
The FTA is currently developing the Record of Decision (ROD) for the LYNX BLE. The ROD will take into consideration all
comments received on the Final EIS and will include responses to agency and public comments that were received. As
such, your comments, as well as this response will be included in the ROD. It is anticipated that the ROD will be issued in
late 2011. If the proposed project is approved, all mitigation measures indentified in the Final EIS will be incorporated
into the ROD. Subsequent to the ROD, the next steps would be property acquisition and final design, followed by
construction. It is currently anticipated that the LYNX BLE would open for revenue service in late 2016 / early 2017.
Again, thank you for your comments on the LYNX BLE and for your interest in this project. If you have any questions,
please contact me at kgoforth @charlottenc.gov or 704 - 336 -3513.
Sincerely,
Kelly R. Goforth
Project Development Manager
LYNX Blue Line Extension Light Rail Project
Charlotte Area Transit System
600 East Fourth St.
Charlotte, NC 28202
(704) 336 -3513
From: Dellert- OKeef, Judy
Sent: Tuesday, November 15, 20119:05 AM
To: 'war30@co. hen rico.va. us'; Goforth, Kelly; Makoid, Meghan
Cc: LYNX BLE Records; Thomson, Theo
Subject: FW: Northeast BLE Final Public Comment Period (WEIS 0631B)
Mr. Ward,
Thank you for your comments on the LYNX Blue Line Extension Final Environmental Impact Statement (EIS). All
comments will be reviewed and CATS will forward a response to you.
Thank you,
Judy Dellert- O'Keef
Charlotte Area Transit System
Communications Officer
LYNX Blue Line Extension,
Operations Division, and
Speaker's Bureau
Phone: 704 - 432 -0477
Fax: 704 - 336 -4944
From: Ward, Matthew [mailto:war30 @co.henrico.va.us]
Sent: Monday, November 14, 2011 10:26 AM
To: Blue Line Extension
Subject: Northeast BLE Final Public Comment Period
To Whom It May Concern,
I am providing public comment for the Final EIS statement.
See bullet points below:
• Provide tree protection around stations and along the outer BLE corridor edges to preserve significant
trees.
• Provide a higher quality building material and landscaping for the stations and signal control houses.
• A pedestrian bridge and sidewalk must be constructed along the western edge of 36`h street to
connect both sides of 36`h street with the station.
• Station platforms, way- finding signs, art and building materials, etc located in NoDa and UNC-
Charlotte /University area should signify Historic North Charlotte and UNC- Charlotte.
Thank you,
Matt Ward
County Planner, Henrico County Planning Department
Development Review & Design Division
4301 East Parham Road
PO Box 90775
Henrico, Virginia 23273 -0775
804.501.5323 direct line
804.501.4379 fax
Goforth, Kelly
From: Dellert- OKeef, Judy
Sent: Thursday, October 27, 2011 8:38 AM
To: 'mwheeler4 @att.net'
Cc: Goforth, Kelly; Makoid, Meghan; LYNX BLE Records
Subject: FW: Blue Line Extension comments ( Final EIS ) - 2011 1026 - WEIS 0631 B
Mr. Wheeler,
Thank you for your comments on the LYNX Blue Line Extension Final Environmental Impact Statement (EIS). All
comments will be reviewed and CATS will forward a response to you.
Thank you,
Judy Dellert- O'Keef
Charlotte Area Transit System
Communications Officer
LYNX Blue Line Extension,
Operations Division, and
Speaker's Bureau
Phone: 704 - 432 -0477
Fax: 704 - 336 -4944
From: Martin Wheeler fmailto:mwheeler4 @att.netl
Sent: Wednesday, October 26, 2011 10:49 PM
To: Blue Line Extension
Subject: Blue Line Extension comments ( Final EIS )
Martin Wheeler, Jr.
980 216 -1509
CATS Light Rail Operator
mwheeler4gatt.net
3131 Westnedge Drive, Apt. 1315
Charlotte, NC 28226
" Plans indicate no skewed or angled grade crossings on the Blue Line Extension. This is very positive, in light
of the problem with similar type crossings on the South Corridor. When space is left between crossing gates
and the railroad track safety and efficiency are degraded. If there is to be a grade crossing autos should not be
able to get in between the gates and the track. "
" I noted a proposed running time of about 22 minutes from 7th Street Uptown to UNCC station. This seems
resonable. It should be emphasized that trains are hard pressed to meet the exact schedule on the South
Corridor. Time lost to persons holding the doors at stations, autos in front of crossing gates. trepassers on the
right of way, crews working on or along the alignment, broken or damaged gates, and numerous other
circumstances can really add up. That's why I believe it is extremely important to maximize running speed as
much as possible between stations. It should be noted a long stretch of running between Sugar Creek station
and Old Concord Road station would be ideal to push running speed to the maximum capable with the Siemens
S -70's ( 65 mph ). Amtrak trains that run along this section of right of way already run up to 79 mph with an
upgrade to 90 mph in the future. While this is the only segment I have noted on the Blue Line extension, a
section on the existing South Corridor between Woodlawn and Tyvola stations could also easily handle 65 mph
safely. Another South Corridor section between Arrowood station and Sharon Road West station could also
handle this speed, but four quadrant crossing gates would probably be needed at the Sweden Road and Hebron
Street grade crossings."
" Do we need an upgrade in the signal and speed control system with the advent of the Blue Line extension?
The existing system supplied by Union Switch and Signal (US &S ) on the existing South Corridor is plagued
with longstanding problems with cab signal loss requiring numerous braking applications to avoid the train
from being stopped automatically. There have also been an increasing number of track circuit problems. With
a mandate now from the federal government to increase train safety through Postive Train Control, would it not
be prudent to consider this? Perhaps we could be a test market to show off the new safer way of doing things.
Of course, we would have to be sure the system works properly and would not be a repeat of the US &S
Automatic Train Protection system currently employed. From an operator's point of view perhaps simple
Automatic Train Stop ( ATS ) minus speed control would be the most operator friendly. This would stop trains
passing red signals. Speed enforcement could be handled through monitoring of the train's "black box "
information, and field supervisors using speed detectors at random. "
�l!d .a�r�u,L See
November 1, 2011
Mr. Martin Wheeler, Jr.
3131 Westnedge Drive, Apt. 1315
Charlotte, NC 28226
RE: LYNX Blue tine Extension Northeast Corridor Light Rail Project
Final Environmental impact Statement Comments
Rear Mr. Wheeler:
Thank you for your input regarding the proposed LYNX Blue Line Extension Northeast Corridor Light Rail
Project (LYNX BLE). This letter is in response to your comments on the LYNX BLE Final Environmental
Impact Statement (EIS), published by the Federal Transit Administration (FTA) in August 2011. We
appreciate your comments and want to ensure that all suggestions, objections and concerns are carefully
considered before final project decisions are made. With regard to your comments and concerns, we offer
the following:
First, as you have noted, there are no skewed or angled crossings on the LYNX BLE. As indicated in
Chapter 16.0 (Safety and Security) of the Final EIS, if the proposed project is approved, vehicle safety
provisions would be made to minimize conflicts between automobiles and light rail vehicles. Crossings
would be clearly marked with signage and would be limited to dedicated locations. Rail crossing gates
would be used to stop vehicles at the railroad tracks.
With regards to run times, our team put a great deal of effort into preparing realistic run time estimates
based on the LYNX BLE alignment design, including accounting for the unplanned effects that extend run
times, some of which you noted in your comments. Empirical information from existing Blue Line
operations was used to develop the LYNX BLE run times and thereby capture many of the routine effects,
while not unduly padding the schedule. Appropriate terminal layover times have been established to allow
recovery from some of the more significant delays that occur intermittently. The maximum allowable
speed on the LYNX BLE will also be limited to 55mph as it is on the existing Blue Line. This is due, in
part, to provide interoperability of the current fleet of light rail vehicle's cab signal system. A modification
of this would be costly and could have impacts on the configuration of the existing Blue Line signal
system. The LYNX BLE alignment has been optimized along its length to maximize speeds, which overall
is expected to result in a slightly higher average speed than on the existing Blue Line.
Relative to your comments about the signal and speed control system, we assure you that safety is a
primary focus of CATS, and efforts have been made to provide safe and secure operations of its transit
services and vehicles for both the existing Blue Line and the proposed LYNX BLE. Utilizing an Automatic
Train Stop system would reduce safety (as speed restrictions are not enforced), would reduce capacity
and would potentially increase run times as the operator would not see an upgrade in speed until he /she
is in clear sight of the next signal. With regards to Positive Train Control (a requirement for FRA- regulated
railroads, not Light Rail Transit), it should be noted that the current Automatic Train Protection system
contains the majority of the Positive Train Control capabilities, including essential safety components.
Continued ...
mss. www.ridetransit.org
sirsr_���a� 600 East Fourth Street
Charlotte, NC 28202
PH: 704 - 336.6917
FAX: 704- 353 -0797
Page 2
Mr. Martin Wheeler
Relative to signal and speed control, the system is evaluated regularly and an upgrade is not currently
warranted as the system is working properly. However, provisions are being made in the specifications for
the LYNX BLE to make minor improvements to the signal system. For example, the maximum length of
the main line track circuits has been reduced from 1,200 feet as it exists on the existing Blue Line to a
maximum length of 1,000 feet on the LYNX BLE.
The FTA is currently developing a Record of Decision (ROD) for the LYNX BLE. The ROD will take into
consideration all comments received on the Final EIS and will include responses to agency and public
comments that were received. As such, your comments, as well as this letter will be included in the ROD.
It is anticipated that the ROD will be issued in late 2011. If the proposed project is approved, all mitigation
measures indentified in the Final EIS will be incorporated into the ROD. Subsequent to the ROD, the next
steps would be property acquisition and final design, followed by construction. It is currently anticipated
that the LYNX BLE would open for revenue service in late 20161 early 2017.
Again, thank you for your comments on the LYNX BLE and for your interest in this project. If you have
any questions, please contact me at k oforth charlottenc, ov or 704 - 336 -3513.
Sincerely,
A2�� xze;2- �'
Kelly Goforth
Project Development Manager
C: Danny Rogers, Senior Project Manager, CATS
Brian Smart, Environmental Protection Specialist, FTA Region IV
Keith Melton, Community Planner, FTA Region IV