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HomeMy WebLinkAbout20210195 Ver 1_Signed_U-5841_MCDC_and_Project_Commitments_2021042304/24/19 1 of 11 MINIMUM CRITERIA DETERMINATION CHECKLIST TIP Project Number: U-5841 WBS No.: 50232.1.1 Project Location: SR 2147 (West Friendly Avenue) between Pembroke Road and North Elam Avenue in Greensboro, Guilford County Project Description: North Carolina Department of Transportation (NCDOT) Division 7 proposes to make improvements to SR 2147 (West Friendly Avenue) between Green Valley Road and just east of North Lindell Road. NCDOT anticipates widening the roadway for improving pedestrian safety and relieving congestion. It also includes operational improvements at SR 2147 (West Friendly Avenue) and North Lindell Road in Greensboro, NC. The proposed project is included in NCDOT’s 2018-2027 State Transportation Improvement Program as U-5841. The purpose of the project is to improve vehicular operations to reduce congestion and reduce delays at the intersection. West Friendly Avenue is currently a four-lane (12-foot lanes) undivided curb and gutter roadway within the study limits and is classified as a minor arterial in the Federal Highway Classification System. The speed limit along West Friendly Avenue is 35 miles per hour (mph) within the Project Study Area. The 2015 annual average daily traffic (AADT) along West Friendly Avenue is 20,000 vehicles per day (vpd) to the west of Pembroke Road and 16,000 vpd to the east of North Elam Avenue. Existing sidewalks are located on the north and south side of West Friendly Avenue and on the western side of North Lindell Road, north of West Friendly Avenue. The proposed project improvements are anticipated to take place within the existing right of way. The project proposes a 300-foot widening along West Friendly Avenue; improvements include increasing the eastbound left turn lane storage length to 300-feet and the right turn lane storage length to 250-feet along eastbound West Friendly Avenue. Along North Lindell Road, improvements include restriping the northbound approach to accommodate dual left turn lanes and a through right lane. The project typical section for West Friendly Avenue anticipates four 11-foot vehicular travel lanes, turn lanes at the intersection with North Lindell Road, sidewalks on both sides, and curb and gutter on both sides. A culvert extension is proposed along North Buffalo Creek on the south side of West Friendly Avenue. Duke Energy transmission lines are located above the project study area. Off-site detours are not expected. Right-of-way acquisition scheduled for NCDOT Fiscal Year (FY) 2019 (if required) and construction is anticipated in FY 2020. Land uses in the Project Study Area are a mix of commercial and residential uses. Commercial development is concentrated north of West Friendly Avenue and west of West Wendover Avenue. Residential development is primarily south of West Friendly DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 04/24/19 2 of 11 Avenue. Community resources within the project study area include the Cone Health- Wesley Long Hospital and medical park and the Lake Daniel Greenway, which extends north of West Friendly Avenue on the east side of West Wendover Avenue and is owned by the City of Greensboro. Purpose and Need: The purpose of the project is to improve vehicular operations to reduce congestion and delays at the intersection. Anticipated Permit or Consultation Requirements: The proposed project has been designated as a Minimum Criteria Determination Checklist (MCDC) for the purposes of State Environmental Policy Act (SEPA) documentation. A Nationwide Permit (NWP) No. 14 ‘Linear Transportation Projects’ may be applicable for the discharge of fill material into waters of the U.S. associated with roadway construction activities such as road extensions, and/or intersection improvements. The United States Army Corps of Engineers (USACE) holds the final discretion as to what permit will be required to authorize project construction. If a Section 404 NWP No. 14 is required, then a Section 401 Water Quality Certification (WQC) 4088 from the North Carolina Division of Water Resources (NCDWR) will be needed. If impacts to waters exceed 300 linear feet, or 0.5 acre in area, an Individual Permit will be required. Two jurisdictional streams (North Buffalo Creek and Unnamed Tributary to North Buffalo Creek) were identified in the study area; approximately 24 linear feet of stream impacts are anticipated due to the extension of the existing culvert. Streams located within the study area have not been designated as an Outstanding Resource Water (ORW). There are no designated High-Quality Waters (HQW) or water supply watersheds (WS-I or WS-II) within 1.0 mile downstream of the study area. The North Carolina 2016 Final 303(d) list of impaired waters identifies no waters within the study area as an impaired water. Cultural Resources: NCDOT Cultural Resource staff reviewed the project for Historic Architecture and Archeological Resources. A No Historic Properties Present or Affect Form was provided through ETRACS by a NCDOT Architectural Historian on November 14, 2018. Additionally, a No Archaeological Survey Required Form was provided by NCDOT Archaeologist on February 23, 2018. Threatened and Endangered Species: The United States Fish and Wildlife Service (USFWS) lists two federally protected plant species and two fish species. Schweinitz’s sunflower (Helianthus schweinitzii) was added to the Guilford County list on October 5, 2018. None of the listed federally protected plant species were observed in the project study area and the October survey was conducted during the flowering season for Schweinitz’s sunflower. ESA federally protected species listed for Guilford County include Schweinitz’s sunflower, Small whorled pogonia, Cape Fear shiner and Roanoke logperch. The biological conclusion for each of the federally protected species is “no effect”. Schweinitz’s sunflower: Suitable habitat for Schweinitz's sunflower is present in the study area along roadside shoulders. A plant by plant survey was conducted DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 04/24/19 3 of 11 by STV biologist Brandon Phillips, CHMM, on October 12, 2018. No individuals of Schweinitz's sunflower were observed and the field survey was conducted during the flowering season. A review of North Carolina Natural Heritage Program (NCNHP) records on November 15, 2018, indicates no known occurrences within one mile of the study area and no effect to Schweinitz’s sunflower is anticipated. Small whorled pogonia: Potential habitat exists within limited areas of the forests of the study area. Plant by plant surveys were conducted on July 3, 2018. No individuals of small whorled pogonia were observed and the July survey was conducted during the flowering season. There are records of small whorled pogonia being located in Guilford County, but no records of small whorled pogonia being located in the study area USGS topographic quadrangle. The NCNHP website was reviewed (November 15, 2018) to determine the locations of the nearest populations of small whorled pogonia. The NCNHP determined that no populations of small whorled pogonia were present within one mile of the study area, so no effect to small whorled pogonia is anticipated. Cape Fear shiner: Potential habitat for the Cape Fear shiner does not exist in the project area streams. No formal survey for Cape Fear shiner was performed. There are records of Cape Fear shiner being located in Guilford County, but no records of Cape Fear shiner being located in the study area. The NCNHP website does not list Cape Fear shiner and the USFWS Information for Planning and Consultation (IPaC) has determined that no populations of Cape Fear shiner were present within one mile of the study area, so no effect to Cape Fear shiner is anticipated. Roanoke logperch: Potential habitat for the Roanoke logperch does not exist in the project area streams. No formal survey for Roanoke logperch was performed. There are records of Roanoke logperch being located in Guilford County, but no records of Roanoke logperch being located in the study area. The NCNHP website does not list the species and the USFWS IPaC has determined that no populations of Roanoke logperch were present within one mile of the study area, so no effect to Roanoke logperch is anticipated. The US Fish and Wildlife Service has developed a Programmatic Biological Opinion (PBO) in conjunction with the Federal Highway Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB) in eastern North Carolina. The PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT projects and activities. The programmatic determination for NLEB for the NCDOT program in Divisions 1-8 is “May Affect, Likely to Adversely Affect.” The PBO will provide incidental take coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act for five years for all NCDOT projects with a federal nexus in Divisions 1-8, which includes Guilford County, where the project is located. This level of incidental take is authorized from the effective date of final listing through April 30, 2020. Bald Eagle and Golden Eagle Protection Act: The bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act and enforced by the USFWS. Habitat for the bald eagle primarily consists of mature forests DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 04/24/19 4 of 11 in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the study area, as well as the area within a 1.0-mile radius of the project limits, was performed on July 6th, 2018, using NC OneMap color aerials. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a survey of the study area and the area within 660 feet of the project limits was not conducted. Additionally, a review of the NHP database on July 6, 2018, revealed no known occurrences of this species within 1.0 mile of the study area. Due to the lack of nests or bald eagles observed during the survey, and minimal impact anticipated for this project, it has been determined that this project will not affect this species. Special Project Information: Environmental Commitments: Greensheet Commitments are located at the end of the checklist. Estimated Costs (Source: STV, FY 2018): Utility: $ 100,000 R/W: $ 250,000 Const: $ 1,250,000 Total: $ 1,600,000 Traffic Information: Current (2020) 28,500 vpd Year (2040) 31,600 vpd TTST 1.0% Duals 3.0% Design Exceptions: There are no anticipated design exceptions for this project. Pedestrian and Bicycle Accommodations: Sidewalks currently exist on both sides of West Friendly Avenue. Pedestrian facilities in the 25% design plans include proposed sidewalks on both sides of West Friendly Avenue extending the entire length of the project corridor. Additionally, a crosswalk extending across West Friendly Avenue at the North Lindell Road intersection is proposed. The existing pavement connection between the sidewalk along West Friendly Avenue and the Lake Daniel Greenway will be maintained. Other: Overhead transmission lines cross the project corridor. The transmission line is owned by Duke Energy; coordination with Duke Energy has occurred and impacts are not anticipated to the lines. Alternatives Discussion: No-Build Alternative: There would be no improvements along West Friendly Avenue at North Lindell Road. The No-Build Alternative would not address the need for DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 04/24/19 5 of 11 additional capacity or improve traffic operations along the project corridor, so it is not considered a viable option. Build Alternative: The Build Alternative includes the following improvements: • Widen West Friendly Avenue by 300 feet, within existing right-of-way, on the south side of West Friendly Avenue • On the eastbound approach (West Friendly Avenue), restripe the left turn lane to include a storage length of 300 feet with appropriate taper. Also, increase the storage length on the eastbound right turn lane to 250 feet. • On the northbound approach (North Lindell Road), restripe the existing laneage to consist of dual left turn lanes and a through-right lane. • A culvert extension along North Buffalo Creek • The Build Alternative will include five-foot sidewalk on the north side of West Friendly Avenue and a six-foot sidewalk on the south side of the roadway extending through the project limits. A retaining wall is proposed along the sidewalk on the south side of West Friendly Avenue. A crosswalk extending across West Friendly Avenue at the North Lindell Road intersection is planned. Other Agency Comments: Start of Study Letters were sent to the agencies on 9/27/2018. Their input is included below. NCDENR – Division of Water Resources DWR noted that North Buffalo Creek and Unnamed Tributary of North Buffalo Creek are within the Project Study Area. North Buffalo Creek and the Unnamed Tributary to North Buffalo Creek are classified as water supply - five (WS-V); nutrient sensitive waters (NSW); 303(d) waters of the state. NCDWR is very concerned with sediment and erosion impacts that could result from this project. The NCDWR recommends protective sediment and erosion control Best Management Practices (BMPs) be implemented to reduce further degradation to North Buffalo Creek and tributaries. To meet the requirements of NCDOT’s National Pollutant Discharge Elimination System (NPDES) permit NCS0000250, NCDWR requests that road design plans provide stormwater runoff treatment through BMPs as detailed in the most recent version of NCDWR Stormwater Best Management Practices. Additionally, the project is located within the Jordan River Riparian Buffer Basin. Riparian buffer impacts should be avoided and minimized to the greatest extent possible pursuant. Response: Impacts to jurisdictional streams are anticipated to be minor and no potential jurisdictional wetlands were identified within the study area. Roadway design plans were generated to minimize stream impacts. All necessary mitigation efforts and agency coordination will be conducted by NCDOT moving forward. Roadway impacts to the stream buffers are likely unavoidable due to the location of the existing roadway and the location of the Unnamed Tributary to North Buffalo Creek (SB) and North Buffalo Creek. Roadway and utility easement uses within the stream buffers are existing and ongoing and are therefore exempt from the Jordan Lake water supply riparian buffer rules. Proposed roadway improvements would require the project meet the diffuse flow stormwater requirement of the Jordan Lake water supply riparian buffer rules. DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 04/24/19 6 of 11 U.S. Army Corps of Engineers (USACE) The USACE specified that the construction of this project is likely to impact aquatic resources within the work corridor, including North Buffalo Creek and at least one of its unnamed tributaries. Much of the Study Area is previously developed, although areas in the southern and northeastern extents of the Study Area contain landscape positions typical of wetlands. The Study Area also includes areas within the FEMA Floodway and 100-year floodplain. Discharges of dredged or fill material into jurisdictional waters of the United States are subject to USACE regulatory authority pursuant to Section 404 of the Clean Water Act. The USACE was unable to determine permitting requirements because detailed delineation of the streams and/or wetlands had not been undertaken when the Start of Study Letters were sent. Response: Roadway design plans were generated to minimize impact to aquatic resources. Minor stream impacts are anticipated. No potential jurisdictional wetlands were identified within the study area. A Nationwide Permit (NWP) No. 14 ‘Linear Transportation Projects’ may be applicable for the discharge of fill material into waters of the U.S. associated with roadway construction activities such as road extensions, and/or intersection improvements. This project involves construction activities on or adjacent to FEMA-regulated stream, North Buffalo Creek and an unnamed tributary of North Buffalo Creek. The Hydraulics Unit will coordinate with the NC Floodplain Mapping Program (FMP) to determine status of project with regard to applicability of NCDOT’s Memorandum of Agreement, or approval of a Conditional Letter of Map Revision (CLOMR) and subsequent final Letter of Map Revision (LOMR). City of Greensboro Parks and Recreation Department The City of Greensboro Parks and Recreation identified the Lake Daniel Greenway and the proposed Green Valley Road Greenway-Connector route as adjacent to the project corridor. The department is currently working with the Greensboro Department of Transportation to reconstruct the Lake Daniel Greenway. Response: The City of Greensboro has been involved in the project development and has provided comments prior to the approval of the 25% roadway plans. Proposed improvements would not impact the West Friendly Avenue and Green Valley Road intersection. Existing sidewalks along West Friendly Avenue, which provide a connection to the Lake Daniel Greenway, would be improved as part of the proposed project. The proposed improvements lie within existing right-of-way; impacts to the Lake Daniel Greenway are not anticipated. The U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, U.S. Forest Service, the NC Division of Parks and Recreation, and the NC Wildlife Resource Commission provided no specific concerns regarding the project. DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 04/24/19 7 of 11 NCDOT Board of Transportation, Greensboro Urban Area MPO, and Guilford County Transportation Department did not provide a response. Local Input forms were sent to City of Greensboro Planning Department, Guilford County Planning & Development Department, the Guilford County School transportation director and Guilford County Emergency Services director. Completed input forms were not received from the City of Greensboro Planning Department or the Guilford County Planning & Development Department. The Guilford County Schools transportation director completed an input form on August 15, 2018, and noted that 35 buses making at least 70 trips total travel through this corridor daily. Guilford County Schools also indicated that current school bus routes could be re-routed around the project corridor and that the detour would be minimal and therefore did not have any special concerns regarding the project. Response: Comment noted. The Guilford County Emergency Services director submitted a completed input form on November 13, 2018. Guilford County EMS indicated that the project corridor is a major EMS service route due to the close proximity of Wesley Long Hospital and recommended that construction timelines be carefully managed and road closures minimized. Response: Comment noted. Public Involvement: Landowner Notification Postcards were sent out to residents along the proposed project corridor on January 1, 2018, to make them aware of the project and let them know representatives of NCDOT would be working in the field to gather data. Approximately 30 postcards were sent to landowners along the corridor. A newsletter was sent out on February 8, 2019 for the project that describes the study elements, includes a graphic of the study area, and provides a status update on the project. The newsletters were sent to all property owners within the Direct Community Impact Area (DCIA). DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 04/24/19 8 of 11 PART A: MINIMUM CRITERIA Item 1 to be completed by the Engineer. YES NO 1. Is the proposed project listed as a type and class of activity allowed under the Minimum Criteria Rule in which environmental documentation is not required? If the answer to number 1 is “no”, then the project does not qualify as a minimum criteria project. A state environmental assessment is required. If yes, under which category? 8a (resurfacing, restoration, or reconstruction) If either category #8, #12(i) or #15 is used complete Part D of this checklist. PART B: MINIMUM CRITERIA EXCEPTIONS Items 2 – 4 to be completed by the Engineer. YES NO 2. Could the proposed activity cause significant changes in land use concentrations that would be expected to create adverse air quality impacts? 3. Will the proposed activity have secondary impacts or cumulative impacts that may result in a significant adverse impact to human health or the environment? 4. Is the proposed activity of such an unusual nature or does the proposed activity have such widespread implications, that an uncommon concern for its environmental effects has been expressed to the Department? Item 5-8 to be completed by Division Environmental Officer. 5. Does the proposed activity have a significant adverse effect on wetlands; surface waters such as rivers, streams, and estuaries; parklands; prime or unique agricultural lands; or areas of recognized scenic, recreational, archaeological, or historical value? 6. Will the proposed activity endanger the existence of a species on the Department of Interior's threatened and endangered species list? 7. Could the proposed activity cause significant changes in land use concentrations that would be expected to create adverse water quality or ground water impacts? YES NO DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 04/24/19 9 of 11 8. Is the proposed activity expected to have a significant adverse effect on long-term recreational benefits or shellfish, finfish, wildlife, or their natural habitats If any questions 2 through 8 are answered “yes”, the proposed project may not qualify as a Minimum Criteria project. A state environmental assessment (EA) may be required. For assistance, contact: Manager, Environmental Analysis Unit 1598 Mail Service Center Raleigh, NC 27699-1598 (919) 707 – 6000 Fax: (919) 212-5785 PART C: COMPLIANCE WITH STATE AND FEDERAL REGULATIONS Items 9- 12 to be completed by Division Environmental Officer. YES NO 9. Is a federally protected threatened or endangered species, or its habitat, likely to be impacted by the proposed action? 10. Does the action require the placement of temporary or permanent fill in waters of the United States? 11. Does the project require the placement of a significant amount of fill in high quality or relatively rare wetland ecosystems, such as mountain bogs or pine savannahs? 12. Is the proposed action located in an Area of Environmental Concern, as defined in the coastal Area Management Act? Items 13 – 15 to be completed by the Engineer. 13. Does the project require stream relocation or channel changes? Cultural Resources 14. Will the project have an “effect” on a property or site listed on the National Register of Historic Places? 15. Will the proposed action require acquisition of additional right of way from publicly owned parkland or recreational areas? Questions in Part “C” are designed to assist the Engineer and the Division Environmental Officer in determining whether a permit or consultation with a state or federal resource agency may be required. If any questions in Part “C” are answered “yes”, follow the appropriate permitting procedures prior to beginning project construction. DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 04/24/19 10 of 11 PART D:( To be completed when either category #8, 12(i) or #15 of the rules are used.) Items 16- 22 to be completed by Division Environmental Officer. 16. Project length: Approximately 450 feet (0.09 miles) 17. Right-of-Way width: Existing ROW width varies between 90 and 100 feet. ROW acquisition is not anticipated. 18. Project completion date: ROW Date: May 8, 2019 LET Date: January 17, 2020 19. Total acres of newly disturbed ground surface: 0.45 Acres 20. Total acres of wetland impacts: 0 21. Total linear feet of stream impacts: 24 Linear Feet 22. Project purpose: The purpose of the project is to improve vehicular operations to reduce congestion and delays at the intersection. DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 04/24/19 11 of 11 Reviewed by: Date: Jacob Elliott, AICP STV Engineers, Inc. 900 West Trade Street, Suite 715 Charlotte, NC 28202 Date: Brian K. Ketner Division 7 Project Engineer 1584 YANCEYVILLE STREET PO BOX 14996 GREENSBORO, NC 27415-4996 Date: Ed Lewis Division 7 Division Planning Engineer 1584 YANCEYVILLE STREET PO BOX 14996 GREENSBORO, NC 27415-4996 DocuSign Envelope ID: 7589FAE5-CC25-4BE3-A8AA-ABFFD1077762 4/25/2019 4/29/2019 4/25/2019 Minimum Criteria Determination Checklist Page 1 of 1 Green Sheet April 2019 PROJECT COMMITMENTS Guilford County NCDOT STIP U-5841 SR 2147 (West Friendly Ave.) between Pembroke Rd. and North Elam Ave. WBS No. 50232.1.1 Division Seven, Project Engineer FEMA Coordination The Hydraulics Unit will coordinate with the NC Floodplain Mapping Program (FMP), to determine status of project with regard to applicability of NCDOT’S Memorandum of Agreement, or approval of a Conditional Letter of Map Revision (CLOMR) and subsequent final Letter of Map Revision (LOMR). This project involves construction activities on or adjacent to FEMA-regulated stream(s). Therefore, the Division shall submit sealed as-built construction plans to the Hydraulics Unit upon completion of project construction, certifying that the drainage structure(s) and roadway embankment that are located within the 100- year floodplain were built as shown in the construction plans, both horizontally and vertically. Coordination with the City of Greensboro Continued coordination with the City of Greensboro on the Lake Daniel Greenway, located north of the project limits, will occur through final design and construction.