20110464 Ver 1_Meeting Minutes_20080718

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION ;P
MICHAEL F. EASLEY LYNDO I ETT
GOVERNOR SECRETARY
July 11, 2008

MEMORANDUM TO: Monty Matthews, US Army Corps of Engineers
Marella Buncick, US Fish and Wildlife Service
Chris Militshcher, US Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Brian Wrenn, NCDENR-DWQ/Wetlands
Renee Gledhill-Earley, NC Dept of Cultural Resources - SHPO
Jake Riggsbee, Federal Highway Administration
Craig Hughes, High Country RPO

FROM: Eugene Tarascio f ,
Project Developme d Environmental Analysis Branch

SUBJECT: TIP U-3812 NC 88 Improvement Project
From NC 194 to US 221 Business in Jefferson, Ashe County
Federal Project No. STP-88(2), WBS No. 34977, NCDOT Division 11

Concurrence Points 2A Revised, 3, and 4A Meeting Minutes

A Section 404/NEPA Merger Project Team Meeting was held on April 22, 2008 at 9:00 a.m. in
the Board Room of the Transportation Building in Raleigh. The purpose of the meeting
(Concurrence Points 2A Revisited, 3 and 4A) was to introduce an additional alternate to carry
forward, discuss the Least Environmentally Damaging Practicable Alternative (LEDPA) and
reach concurrence on impact avoidance and minimization efforts for the subject project. An
information packet containing a Meeting Agenda, Vicinity and Project Location maps
photographs of the three stream crossings, Natural Resource Impact maps and Half-Size
Preliminary design plans including environmental features was mailed to team members prior to
the meeting. Additional information was provided in summary tables for the alternates and
stream crossings, including previously reviewed Concurrence Point 2A material was also
included in the packet. In attendance were the following:

Monty Matthews - USACE Craig Hughes - High Country RPO
Marella Buncick - USFWS (telephone) Dewayne Sykes - Roadway Design
Chris Militscher - USEPA Jimmy Goodnight - Roadway Design
David Wainwright - NCDENR, DWQ Steve Kendall - Roadway Design
Amy Eulyss - NCDENR, DWQ Andre Davenport - Structure Design
Donnie Brew - FHWA (for Jake Riggsbee) Mack Bailey - Structure Design
Marla Chambers - NC Wildlife Resources Comm. Randy Henegar - Hydraulics
Renee Glendhill-Early - NCDCR - SHPO Trent Beaver - Division 1 I
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1548

U-3812 NC 88 Improvement Project
From NC 194 to US 221 Business in Jefferson Ashe County
Federal Project Number STP-88(2) & WBS Number 34977, NCDOT Division 11
Concurrence Points 2A Revised, 3 & 4A Meeting Minutes Page 2 of 6
Sarah Smith- Transportation Planning Jason Elliot - Proj. Dev. and Env. Analysis - NEU
Katina Thompson - TIP Jamie Lancaster - Proj. Dev. and Env. Analysis - NEU
Mark Staley - Roadside Environmental Steve Gurganus - Proj. Dev. and Env. Analysis - HEU
Theresa Hart - Proj. Dev. and Env. Analysis Linwood Stone - Project Dev. and Env. Analysis
Bill Barret- Proj. Dev. and Env. Analysis - NEU Eugene Tarascio - Project Dev. and Env. Analysis
Brett Feulner - Proj. Dev. and Env. Analysis - NEU Steve Brown - Project Dev. and Env. Analysis
Bob Deaton - Proj. Dev. and Env. Analysis

The following was discussed at this meeting:

1. Purpose of the Meeting
• To reach consensus carrying additional alternate forward, LEDPA and avoidance and
minimization for the subject project.

2. Project Description
• Project begins at NC 194 and ends at US 221 Business in Jefferson.
• Total project length is approximately 1.6 miles.

3. Reviewed NEPA and Merger Process Status
• At the second Concurrence Point 2A meeting held on March 15, 2005, concurrence was
reached on three build alternates and one no build alternate, along with the bridging and
major stream crossings.
• At the second Assessment of Effects Meeting held June 27, 2006, an additional design
alternate (Design Option 10) was presented and concurred upon to have the least
qualitative impacts to the Joseph Benjamin Neal property. Merger 01 Process Team was
notified of this new alternate via letter dated July 6, 2006.
• The Environmental Assessment (EA) document was signed August 2007 and Build
Alternative 4 (Design Option 10 was renamed in the document) was NCDOT's
recommended alternate.

4. Reviewed Current Schedule
• Environmental Assessment: August 2007 - Completed
• FONSI: July 2008
• Right of Way Acquisition: Federal Fiscal Year 2009

• Construction: Federal Fiscal Year 2011

5. Concurrence Point 2A Revised - Additional Alternative to Carry Forward
• Formal presentation of NCDOT's recommended alternate, Build Alternate 4, was made to
the Merger 01 Process Team.
• NCDOT noted to the Merger Team that the Bridging Decisions from the original CP 2A
meeting had changed only in that Build Alternate 4 no longer requires extending the
culvert at Crossing #2 (Little Buffalo Creek).
• The High Country RPO introduced comments by the Town of Jefferson.
• One comment from Town in particular (requesting that urban three-lane curb and
gutter section be extended an additional 500 feet to Town limits), raised concerns

U-3812 NC 88 Improvement Project
From NC 194 to US 221 Business in Jefferson, Ashe County
Federal Project Number STP-88(2) & WBS Number 34977, NCDOT Division 11
Concurrence Points 2A Revised, 3 & 4A Meeting Minutes Page 3 of 6

from several of the agencies, since it appeared that implementation of the request
would increase impacts to the natural environment.
• USACOE asked if NCDOT traffic volume was used to determine the terminus of the
3-lane cross section.
• NCDOT responded that development patterns were more of a determining factor
than traffic volumes.
• EPA asked the High County RPO, besides being the Town limits, what was the
rationale for extending the curb and gutter section to that area?
• High Country RPO responded that the Town mainly wanted curb and gutter to
coincide with the Town limits and possible future development.
• EPA stated that if future traffic projections supported the extension, then Town's
request was reasonable.

• USACOE also requested further justification for the extension before supporting it.
• NCDOT stated would consult with Congestion Management to see if future traffic
would increase enough to justify the extension.
• Further review of Congestion Management's reports after the meeting did not
justify the extension.
• EPA stated they would be reluctant to sign CP 4A until it was determined what
reasons Town requested the extension and until NCDOT knew full the extent of
impacts to natural environment from this extension.
• NCDOT agreed to investigate the Town's comments further and stated that
potential impacts could be discussed further under the CP 4A.

• The US Fish and Wildlife Service (USFWS) asked what stormwater treatment was
proposed in the curb and gutter section.
• The Hydraulics Unit responded NCDOT would do what they could and that this issue
would be evaluated and addressed during CP 4B.

• The NC Wildlife Resources Commission (NCWRC) asked if a shoulder section was still
being considered for the 3-lane curb and gutter urban section.
• NCDOT responded no, because a shoulder section would cause greater impacts to the
4(f) property, natural environment and businesses.

• EPA stated that given the constraints present in this area, NCDOT was probably
reducing the design footprint as much as could with the proposed curb and gutter
section.

• The Merger Team reached concurrence on CP 2A Revised: to carryforward NCDOT's
Recommended Alternate, Build Alternate 4.

6. Concurrence Point CP 3: Best Fit Alternate/LEDPA
• NCDOT reviewed the avoidance and minimization measures presented in merger
package that had occurred in arriving at NCDOT's recommended alternate (Build
Alternate 4).

U-3812 NC 88 Improvement Project
From NC 194 to US 221 Business in Jefferson, Ashe County
Federal Project Number STP-88(2) & WBS Number 34977, NCDOT Division 11
Concurrence Points 2A Revised, 3 & 4A Meeting Minutes Page 4 of 6

• NCDOT reviewed the Environmental Assessment comments, Public Hearing comments
and USACOE Public Notice comments and stated that comments on the EA would be
addressed in the FONSI. Some team members had questions/comments:

• The Division of Water Quality (DWQ) brought up the Yamaha business owner's
concerns about in loosing parking along NC 88 (the SW quadrant of the NC 88 and

US 221 Business intersection).
• NCDOT responded that the business would still have their entrance and main
parking area preserved on the south side of the building to operate.

• The NCWRC asked was it newer traffic projections or older ones that resulted in the
Level of Service D (LOS D) for Build Alternate 4 in the design year as shown in the
Post Hearing Meeting Minutes.
• NCDOT responded that no new projections had been done since the EA and that
this LOS D represented an overall summary of LOS for the project and did not
represent the individual intersections.
• EPA responded that the LOS D for Build Alternate 4, as shown in the Post
Hearing Minutes, probably represented an average of all the intersections for the
project and did not truly represent the LOS for the facility.

• The NCWRC noted that a climbing lane was brought up by the public and asked for
further information about why this was not currently being considered, since it
seemed to be an important issue during the early portion of project development.
• NCDOT responded that installing a climbing lane would not improve the project
significantly as outlined in the attached Post Hearing Minutes (the LOS would not
improve significantly with it and it would increase additional relocatees and
natural environment impacts to the point where installing it was not cost
effective).

• NCWRC acknowledged that given the 1.6 mile length of the whole project, if
traffic does backup behind a slow moving vehicle, the backup would only be a
short period of time.

• The NCWRC felt that the descriptions on the concurrence forms were not accurate: the
proposed Build Alternate 4 is not a multi-lane facility throughout the whole project.
• EPA responded that approximately a third of the project was being widened to multi-
lanes (3-lane curb and gutter) and as long as a description of the proposed action was
spelled out on the concurrence form, EPA was satisfied.
• NCDOT responded that the description is based on the original TIP description,
which usually does not change throughout the life of the project.
• NCWRC stated if no other merger members had a problem with this, NCWRC they
were fine with the form as presented.

• The USACOE asked if No-Build LOS was worse than D.
• NCDOT responded not sure, but that safety is the main thrust of the project's Purpose
and Need, not capacity.

U-3812 NC 88 Improvement Project
From NC 194 to US 221 Business in Jefferson, Ashe County
Federal Project Number STP-88(2) & WBS Number 34977, NCDOT Division 11
Concurrence Points 2A Revised, 3 & 4A Meeting Minutes Page 5 of 6

• The Merger Team reached concurrence on CP 3: that Build Alternate 4 is the Least
Environmentally Damaging Practicable Alternative (LEDPA).

7. Concurrence Point CP 4A: Avoidance and Minimization
• NCDOT reviewed avoidance and minimization measures incorporated into the LEDPA,
and indicated that main avoidance and minimization on the LEDPA was a reduction of
side slopes by using 2:1 slopes throughout the project, especially in locations adjacent to
jurisdictional areas.
• NCDOT also stated that the Hydraulics Unit had not started their work yet, but due to
early coordination with Hydraulics and Roadway, impacts in certain areas were likely to
be reduced further.

• NCDOT reviewed jurisdictional impacts along the project plan sheet by plan sheet (plan
sheets 5, 6 and 8 had no impacts):

• Plan Sheet 4 had three areas with impacts that had potential for additional avoidance
and minimization especially on Little Buffalo Creek, Little Buffalo UT-A and Little
Buffalo UT-A. At stream Crossing #3 (Little Buffalo Creek UT-B) impacts could not
be avoided due to proposed realignment NC 88 and NC 194 intersection southward
on new location.
• EPA noted that this crossing could only be improved by replacement of existing
structure with the proposed box culvert, since it already appeared to have been
severely impacted.

• Plan Sheet 7 probably had maximum avoidance and minimization in areas adjacent
the jurisdictional areas (Wetland 200 and Pond 100) and not much more could be
done besides 2:1 slopes to reduce impacts. It was noted that this area was also where
impacts may increase, if NCDOT extended the 3-lane curb and gutter section as the
Town of Jefferson requested.
• EPA stated that 2:1 slopes were sufficient avoidance and minimization in this area
and the next step would be retaining walls, which were not a cost effective option
for this area.
• After lengthy and detailed discussions of potential impacts to jurisdictional areas
and residential properties by extending the 3-lane curb and gutter section as the
Town requested, EPA stated that NCDOT needed to find out the specific reason
why the Town requested this extension (did the Town feel there were safety issues
and/or future traffic issues?).

• A meeting was held on May 14, 2008 at the Ashe County Government
Complex in Jefferson, NC to address this and several other unrelated issues
that had developed.
• The Town of Jefferson could not provide a specific reason for the
requested extension. After further discussion of the terminus for the curb
and gutter section, the Town officials concurred that the proposed end of
the 3-lane curb and gutter section at Lawson Lane, as presented in Design
Alternate 4, was sufficient.

U-3812 NC 88 Improvement Project
From NC 194 to US 221 Business in Jefferson, Ashe County
Federal Project Number STP-88(2) & WBS Number 34977, NCDOT Division 11
Concurrence Points 2A Revised, 3 & 4A Meeting Minutes Page 6 of 6

• Plan Sheet 9 probably had the maximum avoidance and minimization due to the
business on the south side of NC 88 and the Section 4(f) resource on the north side of
NC 88. Naked Creek UT-A which parallels NC 88, will have to be relocated through
low quality Wetland 300 to minimize further impacts to the Section 4(f) property.

• NCWRC asked had NCDOT addressed the flooding concerns of the property

owner of the Yamaha business, which occurred during heavy rains at stream
Crossing #1 (Naked Creek UT-B)?
• NCDOT responded that the existing drainage pipes at this crossing were
probably contributing to the flooding problem, because they are inadequate
structurally and hydraulically (when flooding occurs it flows over the existing
road). NCDOT is replacing the existing pipes with a box culvert, which
should help correct the flooding problems.
• EPA added that the Yamaha business was located in an area that was
historically a flood plain.

• The NCWRC asked if NCDOT intended to daylight the stream where the roadway was
being removed on Plan Sheet 4.
• NCDOT responded this was being considered, but was not sure if this would be done
at this point.

• Also on Plan Sheet 4, the NCWRC asked if NCDOT was planning to perform stream
charnel realignment for the impact shown to Little Buffalo Creek on the north side of NC
88.
• NCDOT responded that the impacts shown to Little Buffalo Creek included a 25 foot

buffer to give the Hydraulics Unit room for drainage design. Due to the extra space
provided by the buffer, Hydro and Roadway are trying to completely avoid impacts to
the creek.

• NCWRC requested to see bankfull widths and floodplain widths at Concurrence Point 4B
to evaluate the spreading of floodwaters.
• NCDOT responded that this information would be provided at the 4B meeting.

• USFWS requested that NCDOT maximize stormwater treatment.
• NCDOT responded that this would be incorporated as much as possible.

• The Merger Team reached concurrence on CP 4A and concurred on the Avoidance and
Minimization for the Least Environmentally Damaging Practicable Alternative (LEDPA).

cc: Jimmy Goodnight, P.E., NCDOT Roadway Design
Steve Kendell, P.E., NCDOT Roadway Design
Randy Henegar, P.E., NCDOT Hydraulics
Trent Beaver, P.E., NCDOT Division 11
Heath Slaughter, NCDOT Division 11