20191656 Ver 1_C5179_PCE_20191205

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
For use by a Local Government Agency
TIP Project No.
WBS Element
Federal Project No.
C-5179
46240.1.F1
CMS-0703(25)
A. Project Description: (Include project scope and location, including
Municipality and County.)
The Town of Chapel Hill, Orange County, proposes to make bicycle and pedestrian
improvements along SR 1750 (Estes Drive). from just before NC-86 (Martin Luther King
Jr. Boulevard) to Caswell Road. The project will be about 1 mile in length and involve
asphalt milling and overlay on the existing road, adding an independent raised cycle track
on both sides of the road including a planting strip, constructing a 5' sidewalk on the
south side in areas where one does not currently exist, and a 10' multi -use path on the
north side (see typical roadway section below). Improvements at the intersection of SR
1750 (Estes Drive) and NC-86 (Martin Luther King Jr. Boulevard) include additional
turning lanes and signal timing improvements. One through vehicular travel lane in each
direction will remain. The construction will involve clearing and grubbing, grading,
asphalt and concrete paving, drainage, erosion control, curb and gutter installation, and
signing and striping. The total disturbed area of the project will be approximately 10
acres. Most of the project will be contained within the existing public right of way with
the exception of the multi -use path, which will require additional easements acquisition
as it separates from the roadway.
ON
THE$ �L�Np
TYPICAL ROADWAY SECTION 1
Erosion and sedimentation will be controlled by the use of silt fencing along the corridor.
Several factors including drainage area, steepness of slope, and site -specific field
conditions will dictate the actual device(s) used for sedimentation and erosion control.
Please refer to the attached project location figures for additional project information
(Attachment 1).
PCE-100L 1 January 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
B. Purpose and Need:
The purpose of this project is to specifically improve the safety of bicyclists and
pedestrians on this section of SR 1750 (Estes Drive). This section of SR 1750 (Estes
Drive) is currently a major gap in the bicycle and pedestrian network in Chapel Hill. The
Town wishes to make safe connections to schools, the library, and neighborhoods that
surround the project.
These improvements are being completed in accordance with the Town's 2014 Bike Plan
and the 2013 Central West Small Area Plan. The Bike Plan identified short and long
term recommendations for Estes Drive. Short term recommendations from the Bike Plan
are a Greenway/Shared Use Path and Bike Lanes.
Residents of the Town of Chapel Hill have continuously emphasized the importance of
bicycle and pedestrian safety in multiple planning efforts. Chapel Hill also completed
the Central West Small Area Plan in 2013 that also recommended off -road bike and
pedestrian trail and bike lanes
PCE-100L 2 January 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
C. Proposed Improvements — Select ALL Activities that apply to the Project,
regardless of TYPE
Circle one or more of the following Type I activities:
Non -construction activities (program activities).
2. Approval of utility installations along or across a transportation facility.
Construction of bicycle and pedestrian lanes, paths, and facilities.
4. Activities included in the State's "highway safety plan" under 23 USC 402
(programs administered by the Division of Motor Vehicles).
Transfer of Federal lands pursuant to 23 USC 317 when the subsequent
action is not a FHWA action.
6. The installation of noise barriers or alterations to existing publicly owned
buildings to provide for noise reduction.
7. Landscaping.
Installation of fencing, signs, pavement markings, small passenger
shelters, traffic signals, and railroad warning devices.
9. Emergency repairs under 23 USC 125 (Governor Declared Emergency).
10. Acquisition of scenic easements.
11. Determination of payback under 23 CFR Part 480 for property previously
acquired with federal -aid participation.
12. Improvements to existing rest areas and truck weigh stations.
13. Ridesharing activities.
14. Bus and Rail car rehabilitation.
15. Alterations to facilities or vehicles in order to make them accessible for
elderly and handicapped persons.
16. Program administration, technical assistance activities, and operating
assistance to transit authorities to continue existing service or increase
service to meet changes in routine demand.
17. The purchase of vehicles by the applicant where the use of these vehicles
can be accommodated by existing facilities or by new facilities which
themselves are within a CE.
18. Track and rail bed maintenance and improvements when carried out
within the existing right of way.
PCE-100L 3 January 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
19. Purchase and installation of operating or maintenance equipment to be
located within the transit facility and with no significant impacts off the
site.
20. Promulgation of rules, regulations and directives.
21. Replacement of guardrail.
Circle one or more of the following Type II activities:
Modernization of a highway by resurfacing, restoration, rehabilitation,
reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking,
weaving, turning, climbing).
a. Restoring, Resurfacing, Rehabilitating, and Reconstructing
pavement (3R and 4R improvements)
b. Widening roadway and shoulders without adding through lanes
C. Modernizing gore treatments
d. Constructing lane improvements (merge, auxiliary, and turn lanes)
e. Adding shoulder drains
f. Replacing and rehabilitating culverts, inlets, and drainage pipes,
including safety treatments
g. Providing driveway pipes
h. Performing minor bridge widening (less than one through lane)
i. Slide Stabilization
j. Structural BMP's for water quality improvement
2. Highway safety or traffic operations improvement projects including the
installation of ramp metering control devices and lighting.
a. Installing ramp metering devices
b. Installing lights
C. Adding or upgrading guardrail
d. Installing safety barriers including Jersey type barriers and pier
protection
e. Installing or replacing impact attenuators
f. Upgrading medians including adding or upgrading median barriers
g. Improving intersections including relocation and/or realignment
h. Making minor roadway realignment
i. Channelizing traffic
j. Performing clear zone safety improvements including removing
hazards and flattening slopes
k. Implementing traffic aid systems, signals, and motorist aid
1. Installing bridge safety hardware including bridge rail retrofit
3. Bridge rehabilitation, reconstruction, or replacement or the construction of
grade separation to replace existing at -grade railroad crossings.
a. Rehabilitating, reconstructing, or replacing bridge approach slabs
b. Rehabilitating or replacing bridge decks
C. Rehabilitating bridges including painting (no red lead paint), scour
repair, fender systems, and minor structural improvements
d. Replacing a bridge (structure and/or fill)
4. Transportation corridor fringe parking facilities.
PCE-100L 4 January 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
Construction of new truck weigh stations or rest areas.
6. Approvals for disposal of excess right-of-way or for joint or limited use of
right-of-way, where the proposed use does not have significant adverse
impacts.
7. Approvals for changes in access control.
Construction of new bus storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and located on or near
a street with adequate capacity to handle anticipated bus and support
vehicle traffic.
9. Rehabilitation or reconstruction of existing rail and bus buildings and
ancillary facilities where only minor amounts of additional land are
required and there is not a substantial increase in the number of users.
10. Construction of bus transfer facilities (an open area consisting of
passenger shelters, boarding areas, kiosks and related street
improvements) when located in a commercial area or other high activity
center in which there is adequate street capacity for projected bus traffic.
11. Construction of rail storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and where there is no
significant noise impact on the surrounding community.
12. Acquisition of land for hardship or protective purposes, advance land
acquisition loans under section 3(b) of the UMT Act. Hardship and
protective buying will be permitted only for a particular parcel or a limited
number of parcels. These types of land acquisition qualify for a CE only
where the acquisition will not limit the evaluation of alternatives,
including shifts in alignment for planned construction projects, which may
be required in the NEPA process. No project development on such land
may proceed until the NEPA process has been completed.
13. Acquisition and construction of wetland, stream and endangered species
mitigation sites.
14. Remedial activities involving the removal, treatment or monitoring of soil
or groundwater contamination pursuant to state or federal remediation
guidelines.
PCE-100L 5 January 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
D. Special Project Information:
THREATENED AND ENDANGERED SPECIES
As of June 8, 2015, the United States Fish and Wildlife Service (USFWS) lists four federally protected species
for Orange County (Table 1).
Table 1. Federally Protected Species Listed for Orange County
Scient
Common Name
Federa-
r Habitat
Biological
LEm
Haliaeetus
Bald eagle
BGPA
Yes
Not Required
leucocephalus
Alasmidonta heterodon
Dwarf wedgemussel
Endangered
No
No Effect
Rhus michauxii
Michaux's sumac
Endangered
Yes
No Effect
Echinacea laevigata
Smooth coneflower
Endangered
Yes
No Effect
BGPA = Bald and Golden Eagle Protection Act
There are no streams present within the study area. Additionally, the project study area is located in the Cape
Fear River Basin where the dwarf wedgemussel has never been documented. Due to the lack of this species
within the entire Cape Fear river basin and absence of suitable habitat for the dwarf wedgemussel in the study
area, implementation will have no effect on the dwarf wedgemussel.
Marginally suitable habitat for michaux's sumac and smooth coneflower does exist within the study area along
the maintained roadsides and a powerline easement. A review of the NCNHP records on February 17, 2016
indicates no occurrences of this species within 1.0 mile of the study area. Plant by plant surveys were
conducted on June 30, 2015 and no specimens were found. The project will have no effect on these species.
Although not listed for Orange County, 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) (Myotisseptentrionalis) 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 is "May Affect,
Likely to Adversely Affect". The PBO provides incidental take coverage for NLEB and will ensure compliance
with Section 7 of the Endangered Species Act for five years for all NCDOT administered projects with a federal
nexus in Divisions 1-8, which includes Orange County.
Project requirement for PBO compliance: After completion, the contract administrator for construction must
submit the actual amount of tree clearing reported in tenths of acres. This information should be submitted at:
httns://connect.ncdot. gov/site/constructionibiosurvevs/Lists/Northern%2OLona%2OEared%2OBat/Allltems. asnx
Please contact Kathy Herring mkherrinakncdot.gov, Natural Environmental Section — Biological Surveys with
any questions.
PCE-100L 6 January 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
BALD AND GOLDEN EAGLE PROTECTION ACT
A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus
660 feet) of the project limits, was performed on June 27, 2015 using 2013 aerials. There is a body of water
large enough within 1.13 miles to support a Bald Eagle population. A survey for bald eagle nests within the
study area and 660 feet from the study area was performed on June 30, 2015. No bald eagle nests were
observed. A review of the North Carolina Natural Heritage Program's (NCNHP) records dated February 17,
2016 revealed no known occurrences of this species within 1.13 miles of the project study area.
The project is not expected to remove any large trees suitable for nesting. Due to the lack of nearby known
occurrences, the lack of observed nests, and the minimal impact anticipated for this project, it has been
determined that this project will not affect this species.
National Historic Preservation Act
The project has been reviewed by North Carolina Department of Cultural Resources, State Historic
Preservation Office (NCSHPO). In their response letter dated April 4, 2016 they stated, they have
reviewed the project and are aware of no historic resources which would be affected by the project
(Attachment 2).
Right of Way and Easements
While much of the proposed greenway is located in the NCDOT right of way, the Estes Drive
Improvement Project will impact 15 private property owners. The Town of Chapel Hill is in the process
of contacting the affected property owners and will secure all necessary property interests. All proposed
permanent right of way is in open space and will not affect any permanent structures. Temporary
construction easements are also in open space, and will not affect any permanent structures. The only
easements on this project that will be obtained on residential properties are temporary construction
easements.
Section 4(f)
The project will not impact any Section 4(f) properties.
Section 6(f)
The project will not impact any Section 6(f) properties.
Permits and Coordination
The following permits and authorizations may be required for the project:
• NCDEMLR Land Quality permit
PCE-100L 7 January 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
E. Threshold Criteria
ECOLOGICAL
YES
NO
(1)
Will the project have a substantial impact on any
unique or important natural resource?
X
(2)
Does the project involve habitat where federally
listed endangered or threatened species may occur?
X
(3)
Will the project affect anadromous fish?
❑
X
(4)
If the project involves wetlands, is the amount of
permanent and/or temporary wetland taking less than
one -tenth (1/10) of an acre and have all practicable measures
N/A
to avoid and minimize wetland takings been evaluated?
❑
(5)
Will the project require the use of U. S. Forest Service lands?
❑
X
(6)
Will the quality of adjacent water resources be adversely
impacted by proposed construction activities?
X
(7)
Does the project involve waters classified as Outstanding Water
Resources (OWR) and/or High Quality Waters (HQW)?
X
(8)
Will the project require fill in waters of the United States
in any of the designated mountain trout counties?
X
(9)
Does the project involve any known underground storage
tanks (UST's) or hazardous materials sites?
X
PERMITS AND COORDINATION
YES
NO
(10) If the project is located within a CAMA county, will the
project significantly affect the coastal zone and/or any
"Area of Environmental Concern" (AEC)? N/A
(11) Does the project involve Coastal Barrier Resources Act
resources? X
(12) Will a U. S. Coast Guard permit be required?
X
(13) Will the project result in the modification of any existing
regulatory floodway? X
PCE-100L 8 January 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
(14) Will the project require any stream relocations or channel
changes? X
SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO
(15) Will the project induce substantial impacts to planned
growth or land use for the area? X
(16) Will the project require the relocation of any family or
business? X
(17)
Will the project have a disproportionately high and adverse
human health and environmental effect on any minority or
low-income population?
X
(18)
If the project involves the acquisition of right of way, is the
❑
amount of right of way acquisition considered minor?
X
(19)
Will the project involve any changes in access control?
❑
X
(20)
Will the project substantially alter the usefulness
and/or land use of adjacent property?
X
(21)
Will the project have an adverse effect on permanent
local traffic patterns or community cohesiveness?
X
(22) Is the project included in an approved thoroughfare plan
and/or Transportation Improvement Program (and is, ❑
therefore, in conformance with the Clean Air Act of 1990)? X
(23) Is the project anticipated to cause an increase in traffic
volumes? X
(24) Will traffic be maintained during construction using existing ❑
roads, staged construction, or on -site detours? X
(25) If the project is a bridge replacement project, will the bridge
be replaced at its existing location (along the existing facility)
and will all construction proposed in association with the N/A ❑
bridge replacement project be contained on the existing facility?
(26) Is there substantial controversy on social, economic, or
environmental grounds concerning the project? X
(27) Is the project consistent with all Federal, State, and local laws ❑
relating to the environmental aspects of the project? X
(28) Will the project have an "effect" on structures/properties
eligible for or listed on the National Register of Historic Places? X
PCE-100L 9 January 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
(29) Will the project affect any archaeological remains which are
important to history or pre -history? X
(30) Will the project require the use of Section 4(f) resources
(public parks, recreation lands, wildlife and waterfowl refuges,
historic sites, or historic bridges, as defined in Section 4(f)
of the U. S. Department of Transportation Act of 1966)? X
(31) Will the project result in any conversion of assisted public
recreation sites or facilities to non -recreation uses, as defined
by Section 6(f) of the Land and Water Conservation Act
of 1965, as amended? X
(32) Will the project involve construction in, across, or adjacent
to a river designated as a component of or proposed for
inclusion in the National System of Wild and Scenic Rivers? X
PCE-100L 10 January 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
F. Additional Documentation Reauired for Unfavorable Responses in Part E
Marginally suitable habitat for michaux's sumac and smooth coneflower does exist within the
study area along the maintained roadsides and a powerline easement. A review of the NCNHP
records on February 17, 2016 indicates no occurrences of this species within 1.0 mile of the study
area. Plant by plant surveys were conducted on June 30, 2015 and no specimens were found. The
project will have no effect on these species.
There is a body of water large enough within 1.13 miles to support a Bald Eagle population. A
survey for bald eagle nests within the study area and 660 feet from the study area was performed
on June 30, 2015. No bald eagle nests were observed. A review of the North Carolina Natural
Heritage Program's (NCNHP) records dated February 17, 2016 revealed no known occurrences
of this species within 1.13 miles of the project study area.
The project is not expected to remove any large trees suitable for nesting. Due to the lack of
nearby known occurrences, the lack of observed nests, and the minimal impact anticipated for this
project, it has been determined that this project will not affect this species.
Although not listed for Orange County, 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) (Myotisseptentrionalis) 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 is "May Affect, Likely to
Adversely Affect". The PBO provides incidental take coverage for NLEB and will ensure
compliance with Section 7 of the Endangered Species Act for five years for all NCDOT
administered projects with a federal nexus in Divisions 1-8, which includes Orange County.
PCE-100L 11 January 2016

G
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION
ACTION CLASSIFICATION FORM
PCE Approval
TIP Project No.
WBS Element
Federal -Aid Project No
Project Description:
C-5179
46240.1.F.1
CMS-0703 (25
The Town of Chapel Hill, Orange County, proposes to make bicycle and pedestrian improvements along SR
1750 (Estes Drive). from just before NC-86 (Martin Luther King Jr. Boulevard) to Caswell Road. The project
will be about 1 mile in length and involve asphalt milling and overlay on the existing road, adding an
independent raised cycle track on both sides of the road including a planting strip, constructing a 5' sidewalk
on the south side in areas where one does not currently exist, and a 10' multi -use path on the north side (see
typical roadway section below). Improvements at the intersection of SR 1750 (Estes Drive) and NC-86
(Martin Luther King Jr. Boulevard) include additional turning lanes and signal timing improvements. One
through vehicular travel lane in each direction will remain. The construction will involve clearing and
grubbing, grading, asphalt and concrete paving, drainage, erosion control, curb and gutter installation, and
signing and striping. The total disturbed area of the project will be approximately 10 acres. Most of the project
will be contained within the existing public right of way with the exception of the multi -use path, which will
require additional easements acquisition as it separates from the roadway.
TYPE I (A) NO BOXES Checked
X TYPE I (B) ANY BOX Checked
refer to Section E
TYPE II(A) NO BOXES Checked
TYPE II(B) ANY BOX is Checked
Categorical Exclusion Action Classification: (Check one)
Prepared By: DocuSigned by:
1/10/2017 t-��� F �"
nnw,,,n,,,,,, a,
Date Ed Lvnch, AICP Bicvcle a
Inc. 919-866-4774
Wzencv, Telenhon
Prepared For: Town of Chapel Hill
Local Government Agency
Reviewed: D°c° ned by.
1/19/2017 9:21 AM EST K4,
OSBOE38DDF8141 B...
Date Project Engineer
NCDOT - PDEA
Approved: For Type I(B) or II(B) projects only:
Dgo�cuSi�gned by:
1/20/2017 1 9:13 AM EST 5 r'
ect
Date For Division Administrator
Federal Highway Administration
PCE-100L 12 January 2016

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
November 12, 2015
Matt Ludwig
Stewart
421 Fayetteville Street, Suite 400
Raleigh, NC 27601
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Estes Drive Bicycle & Pedestrian Improvements, Chapel Hill, Orange County, ER 15-2404
Dear Mr. Ludwig:
Thank you for your letter of October 15, 2015, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
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 or
environmental.review(d),ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599