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HomeMy WebLinkAbout19920775 Ver al_Complete File_19921019J ? STAB y?
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201 1'JE7LANDS G;,i!I
;'DATER I1AUiY SAC.
RALEIGH 27611-5201 --
JAMES G. MARTIN DIVISION OF HIGHWAYS
GOVERNOR
THOMAS J. HARRELSON October 19, 1992 WILLIAM G. MARLEY, JR., P.E.
SECRETARY STATE HIGHWAY ADMINISTRATOR
District Engineer
Army Corps of Engineers
P. 0. Box 1890
Wilmington, North Carolina 28402
ATTENTION: Regulatory Branch
Dear Sir:
SUBJECT: Categorical Exclusion Approval for Federal Aid Project:
US 23/I-26 Corridor Study, US 23 From NC 197 to NC 213, Buncombe
and Madison Counties, Federal Aid Project: APD-13-1(29), State
Project: 8.T842401, T.I.P. No.: A-10BA
Attached for your information is a copy of the project planning report for
the subject project. The project is being processed by the Federal Highway
Administration as a "Categorical Exclusion" in accordance with
23 CFR 771.115(b). Therefore, we do not anticipate requesting an
individual permit but propose to proceed under a Nationwide Permit in
accordance with 33 CFR 330 Appendix A (B-23) issued November 22, 1991, by
the Corps of Engineers. The provisions of Section 330.4 and Appendix A (C)
of these regulations will be followed in the construction of the project.
A Section 401 Water Quality Certification which is administered through the
North Carolina Department of Environment, Health, and Natural Resources is
required for any activity which may result in a discharge of dredged or
fill material and for which a federal permit is required.
If you have any questions or need additional information, please call me at
733-3141.
LJW/plr
Attachment
cc: Mr. John
Mr. John
Mr. C. W.
Mr. J. T.
Mr. A. L.
Mr. W. D.
Sincerely, • • W
DM
L. ard, P. E., Manager
Planning and Environmental Branch
Parker, Permit Coordinator, w/report
Dorney, Environmental Management, w/report
Leggett, P. E.
Peacock, Jr., P. E.
Hankins, Jr., P. E.
Smart - Division Engineer
An Fqual Opportunity/Affirmative Action Employer
U.S. 23/1-26 CORRIDOR STUDY
U.S. 23 FROM N.C. 197 TO N.C. 213
BUNCOMBE AND MADISON COUNTIES
FEDERAL AID PROJECT: APD-13-1(29)
STATE PROJECT: 8.T842401
T.I.P. NO.: A-10BA
CATEGORICAL EXCLUSION
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
Approved:
i
6ate L.J. Ward, P.E., Manager
o Planning and Environmental Branch,
fZ2=. a ? 2 C djlat??
Date Nich s L. Graf, P.E.
/--°°?Division Administrator, FHWA
NCDOT
U.S. 23/1-26 CORRIDOR STUDY
U.S. 23 FROM N.C. 197 TO N.C. 213
BUNCOMBE AND MADISON COUNTIES
FEDERAL AID PROJECT: APD-13-1(29)
STATE PROJECT: 8.T842401
T.I.P. NO.: A-10BA
CATEGORICAL EXCLUSION
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
Approved:
s 9z- .
191. 2-
ate L.J. Ward, P.E., Manager
Planning and Environmental Branch,
2 C
Date Nich s L. Graf, P.E.
F°D?'Division Administrator, FHWA
NCDOT
I. GENERAL DESCRIPTION
Thc? proposed action involves laneage and intersection improvements of the existing
four-lane facility on U.S. 23 from N.C. 197 to N.C. 213, which extends approximately
4.2 miles. See Exhibit 1 for a general location of the project. This action is in
conjunction of a larger project that consists of the construction of a four-lane
freeway, partially on new location, along U.S. 23 between N.C. 197 and the North
Carolina/Tennessee state line (Sams Gap). The new roadway would be referred to as
I-26 and is proposed to achieve regional and state transportation goals and satisfy the
desire for a safer thoroughfare to travel. Although the project has been halted in the
past due to funding shortfalls, it is currently on the North Carolina Department of
Transportation (NCDOT) Transportation Improvement Program (TIP), 1993-1999.
The proposed action and potential impacts from N.C. 213 to the North
Carolina/Tennessee state line has been documented in an Environmental Impact
Statement (EIS). The portion from N.C. 197 to N.C. 213 is documented in this
Categorical Exclusion (CE).
II. SUMMARY OF ENVIRONMENTAL COMMITMENTS
All standard procedures and measures will be implemented to avoid or minimize
impacts. In addition to standard procedures, the following two commitments should be
noted. First, future water supply reservoirs planned for Ivy Creek downstream from
the project could be impacted by stormwater runoff or contamination as a result of a
spill or release. Measures to minimize water quality degradation include the use of
bridges instead of culverts, where feasible, bottomless culverts, if feasible, and the use
of updated Best Management Practices.
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Project location
NORTH CAROLINA
DEPARTLIENT OF TRANSPORTATION
CATEGORICAL EXCLUSION
U.S.23/1-26 CORRIDOR STUDY
(N.C. 197 to N.C. 213)
Buncombe and Madison Counties. North Carolina
PROJECT LOCATION IJAP
END
PROJECT
Forks of Ivy
Flat Cree RECD!
k) PROJECT
EXHIBIT 1
Second, an Erosion and Sedimentation Control Plan will be developed and
implemented prior to project construction. Once the Plan has been drafted, the U.S.
Army Corps of Engineers (ACOE), U.S. Fish and Wildlife Service (USFWS) and North
Carolina Wildlife Resources Commission will meet with NCDOT and FHWA to review
and comment on the Plan.
The proposed action would impact approximately 1.06 acres of wetlands; however,
these wetlands will be mitigated as described in Section IX.A.6, Mitigation of Wetland
Impacts.
III. EXISTING CONDITIONS
U.S. 23 is a four-lane, divided highway that is oriented in a north/south direction
through both Buncombe and Madison counties in Western North Carolina. The
existing facility includes 12-foot travel lanes and 10-foot paved outside shoulders, as
well as intersections at Adkins Branch Road (S.R. 2148), South Main Street (S.R. 1609)
and N.C. 213, and an interchange at N.C. 197. Frontage roads are also located at
various sections along U.S. 23. The interstate highway project is classified as a
Principal Arterial in the Fedcral-Aid Rural System in the North Carolina Functional
Classification System.
The entire section of roadway operates at Level of Service (LOS) A. Existing average
daily traffic (ADT) counts on U.S. 23 range from 10,200 (between Adkins Branch
Road and South Main Street) to 11,600 (South Main Street and N.C. 213). The
interchange at N.C. 197 and signalized intersection at N.C. 213 currently operate at
LOS A and B, respectively, in both the a.m. and p.m. peak hours. The remaining two
2
unsignalized intersections at Adkins Branch Road and South Main Street generally
operate at LOS A, with the exception that two of the movements operate at
unacceptable levels of service. These unacceptable levels arc associated with the left
turn movements from cross streets.
IV. PURPOSE OF THE PROJECT
The purpose of the project is to upgrade and improve the existing highway geometry
to meet current design standards for interstate highways. One of the primary goals of
the local, regional and state transportation plans is to upgrade the existing U.S. 23 to
interstate standards, which would allow NCDOT to request redesignation of the
highway to I-26. This section of U.S. 23, in conjunction with the entire proposed U.S.
23/I-26 project, will establish a major new north/south route through the region;
provide a safer interstate north from Asheville; and complete the interstate link from
Charleston, South Carolina to Cincinnati, Ohio.
V. PROPOSED IMPROVEMENTS
The proposed project includes both mainline and intersection improvements of the
existing four-lane highway. The 12-foot travel lanes would remain the same width.
However, the shoulder widths would be widened from 10 feet to 12 feet on the
mainline, 14 feet where a guardrail is required (4 feet paved on left side and 10 feet
paved on right side) and 12 or 14 feet for ramps. A minimum of a 10-foot median
will also be constructed along the length of the project to maximize use of the existing
highway. Intersection improvements include an interchange at Adkins Branch Road,
an overpass at South Main Street and an interchange at N.C. 213.
3
The estimated construction cost for this improved section of U.S. 23 is $11,623,000.
Maintenance of traffic during construction would keep the existing facility open to
traffic.
VI. ALTERNATIVES
During the initial stages of the study, preliminary alternative corridors were
evaluated. Two corridors were considered for the section of roadway between N.C.
197 and N.C. 213, including the existing Alternative Corridor (A-1) and a new
Alternative Corridor (D-1), which was a portion of the westernmost Corridor D. As a
result of comments received at the first citizens informational meeting, Alternative
Corridor D-1 was eliminated for the following reasons:
* Estimated highest construction cost due to all segments on new
alignment.
* Most environmental impacts:
- Highest acreage of forestry required.
- Greatest habitat fragmentation impact.
* Excessive cuts and fills.
* Does not take advantage of the existing corridor (A-1).
* Least traffic demand.
The study team has evaluated several alternative corridors north of N.C. 213 as part
of the larger project. These alternatives are described and documented in the 1992
Draft EIS for this project.
4
VII. ESTIMATED COSTS
The estimated construction costs associated with the proposed improvements on U.S. 23
between N.C. 197 and N.C. 213 are as follows:
Item Cos
* Mobilization and
Miscellaneous $1,684,423
* Clearing and Grubbing 409,000
* Earthwork 1,875,000
* Channel Changes 38,288
* Removal, Base, Binder,
Surface, etc. 1,751,385
* Subgrade Stabilization
* Erosion Control 405,000
* Concrete Barrier 229,500
* Impact Attenuator 50,000
* Thermo and Markers 75,000
* RCBC 741,450
* Bridges 2,153,000
* Guardrail 156,600
* Interchange Signing 220,000
* Retaining Wall 142,800
* TCP 175,000
Subtotal 10,107,000
Eng. & Const. (15%) 1,516,000
TOTAL $11,623,000
VIII. COMPARISON OF ALTERNATIVES
Alternative A-1 has several advantages over Alternative D-1, primarily because it
takes advantage of the existing corridor, unlike D-1, which is on new corridor.
Consequently, A-1 has less environmental impacts, including less acreage of forestry
required, habitat fragmentation and water quality impacts. Because A-1 is located on
the existing corridor, the construction costs are substantially lower compared to
constructing a new roadway on new alignment. Alternative D-1 would also require
5
excessive cuts and fills due to the more rugged terrain. Traffic demand was also less
for the westernmost Alternative D-1. Therefore, based on construction costs,
environmental and socioeconomic impacts and traffic demand, Alternative A-1 is the
recommended alternative.
IX. PROBABLE IMPACT ON THE ENVIRONMENT
As* previously stated, the project area is located within Buncombe and Madison
counties in the Southern Appalachian mountains of Western North Carolina. The area
lies within the French Broad River basin among the Blue Ridge and Great Smokey
Mountains, and is characterized by narrow ridgetops and wide, steep slopes.
Elevations range from 2,100 to 4,000 feet above sea level.
Development is restricted due to the steep grades and mountains. Low-density
dwellings, scattered farms and businesses, one school, several cultural resources and a
manufacturer are located along U.S. 23. The majority of the land is agricultural in
nature. A portion of the incorporated town of Mars Hill also lies within the project
area. Land uses within Mars Hill include single-family residential, small commercial
and retail establishments, a private four-year college, churches, wastewater treatment
plant, day care center and other uses characteristic of a small community.
A. Natural and Ecological Resources
1. Plant Communities
A field survey of plant communities, including wetlands, uplands and other natural'
systems, was conducted for the entire project area. The inventory of natural systems
6
is included in the report entitled, "Inventory of Biotics and Natural Systems for the
Proposed U.S. 23/1-26 Corridor," March 1991 (Biotics Report). The report groups the
biotic communities into man-made and natural systems. The majority of man-made
systems is agricultural, while the primary natural system consists of mixed hardwood
forest, pine forest, scrub-shrub, old field, riverine and emergent wetlands, and
impounded ponds.
Creeks and waterways located in the vicinity of the proposed improvements include
Big Ivy Creek, Little Ivy Creek and Blackstock, Gentry, Adkins, Hobson and Big
Branches. These areas were identified during field reviews and are described in the
Biotics Report as field check sites 35, 36, 37 and 38. The majority of these systems
are bound by forest vegetation above the channel banks. Examples of vegetation
occurring on these sites include sycamore, black willow, red maple, black cherry, silver
maple, black walnut and yellow poplar.
Impacts to natural communities expected to occur at proposed intersection
improvement locations (Adkins Branch Road, South Main Street and N.C. 213) include
1.0 acre and 0.06 acres of forested riverine wetlands associated with Big Branch and
Adkins Branch, respectively. These impacts are minimal; therefore, this loss will not
threaten the natural or beneficial use of the area. It should be noted that these
wetland acreages are preliminary estimates that were calculated using topography
maps and aerials, and have not been verified in the field by U.S. ACOE. The field
review will occur during the permitting process, at which time a wetland
jurisdictional determination will be made in concurrence with regulatory agencies.
7
Practicable measures to minimize negative impacts on wetlands and streams may
include the avoidance of alternatives which propose filling or relocation of major
rivers or streams, the utilization of bridges where feasible, and keeping the length of
culverts to a minimum. Detailed information regarding mitigation of wetland impacts
is included in a subsequent section of this document.
2.- Wildlife Communities
The project area serves as a refuge to numerous wildlife species. A representative list
of identified and potentially occurring wildlife is provided in the Biotics Report. No
substantial impacts to wildlife are anticipated to occur as a result of improvements to
U.S. 23 from N.C. 197 to N.C. 213, although habitat will be lost due to intersection
improvements. Impacts may occur from increased noise and activity levels during
construction; however, these impacts will be temporary.
3. Soils
Soils within the area are mostly well-drained loams with low shrink-swell potential,
and are generally acidic and moderately to highly corrosive to uncoated steel and
concrete. Colluvial deposits, which are also common in the area, consist of loosely
consolidated, weathered rock material that has migrated downslope. Potential impacts
on soils could result in erosion hazard, corrosivity and flood hazard. However, these
limitations may be overcome through proper engineering design and by incorporating
techniques such as soil modification, appropriate choice of fill material, use of non-
corrosive subgrade materials and design of drainage structures capable of conveying
anticipated peak flows.
8
4. Water Resources
Potential surface water quality impacts are directly related to the number of water
crossings and location or distance from the existing stream channel. As previously
stated, the creeks and branches located within the project area include Big Ivy Creek
(major drainage basin), Little Ivy Creek and Blackstock, Adkins, Gentry, Hobson and
Big Branches. The project will be designed to maintain existing drainage patterns.
The proposed improvements will not impact any existing lakes or water supply
reservoirs. Further, no substantial impacts arc anticipated to aquifer recharge areas.
The use of bridges instead of culverts, where feasible, and Best Management Practices
will minimize water quality degradation. No substantial increases in flooding due to
the improved facility are anticipated; however, stormwatcr discharge rates will
slightly increase due to the increase in impervious roadway surface area.
5. Wetlands
Jurisdictional wetlands are regulated by Section 404 of the Federal Clean Water Act.
Section 404 permits may be required under 33 CFR Part 323 for discharges of dredged
or fill material into waters of the United States. The ACOE has primary
responsibility for administering the Section 404 permit program.
Big Branch flows under South Main Street and N.C. 213, while Adkins Branch flows
under Adkins Branch Road. Due to the proposed improvements at the roadway
crossings, wetland impacts include 1.06 acres of forested riverine at both branches.
9
These impacts arc not considered as substantial and will not affect the natural or
beneficial use of the land. Nationwide permits may apply to minor roadway crossings.
6. Mitigation of Wetland Impacts
The U.S. Environmental Protection Agency (EPA) and the ACOE require applicants
for permits under 33 CFR Part 323 to utilize a sequencing process which includes
avoidance of impacts, minimization of impacts and compensation of unavoidable
impacts to aquatic resource values.
Impacts to wetlands resulting from the improvement of existing intersections and
crossroads will be minimized by increasing side slopes of entrance/exit ramps and/or
using retaining walls in roadway design to reduce or eliminate wetland encroachment.
Other mitigation measures include the following.
* Preservation of existing wetland systems through maintaining requisite
hydro-periods and possible commitment of the land to be preserved as a
wetland;
* Restoration of existing wetlands by re-establishing the historic hydro-
period;
* Enhancement of existing wetlands through restoring historical hydro-
period and through the planting of additional hydrophytic vegetation
and removing exotic or invader species.
Compensatory mitigation is required for unavoidable adverse impacts which remain
after all appropriate and practicable minimization has been utilized. Compensatory
mitigation may include on- and/or off-site wetlands creation or enhancement.
Appropriate mitigation for wetlands impacts will be determined in consultation with
the resource agencies during the permitting phase of the proposed project.
10
7. Protected Species
Endangered or threatened species are legally protected under Section 7 of the
Endangered and Threatened Species Act of 1973 (as amended). Any action that could
potentially result in adverse impacts to threatened and endangered species or species
of special concern is subject to review by the USFWS. The Biotics Report provides a
detailed discussion of potentially occurring protected species within the study area
and associated impacts. However, protected species arc not anticipated to be impacted
by improvements to U.S. 23 between N.C. 197 and N.C. 213.
B. Archaeological and Historic Resources
A historic architectural survey has been conducted for the project area and is
presented in the Historic Structures Survey and Evaluation Rcoort. U.S. 19/23 (I-26)
Corridor and Environmental Study. Buncombe and Madison Counties, 1990. The
properties in the study area that arc eligible for listing on the National Register
include: the Dcaver-Hunnicut House/Farm, Forks of Ivy Baptist Church, Ledford-
Mueller House/Farm and Sprinkles Log Cabin. The State Historic Preservation Office
(SHPO) concurs that these sites are eligible for listing on the National Register. The
proposed improvements to U.S. 23 will have no effect on any of these historic
resources.
Due to the magnitude of the area, a staged archaeological investigation was conducted,
which included a reconnaissance survey and revisit to previously recorded sites. The
reconnaissance survey included extensive background research on the prehistory and
history of the area. A description of the survey is presented in the Archaeological
Reconnaissance Survey of Alternative Routes. I-26 Extension (Proiect A-10). Madison
and Buncombe Counties. North Carolina. 1990.
11
The background research provided the basis for developing a field survey strategy,
which involved the investigation of representative samples of the area. These areas
were examined through surface investigation and/or shovel testing. The proposed
improvements to U.S. 23 will not impact any known archaeological sites in the area.
C. Land Use
1. Status of Planning
Land use planning in the area is under the jurisdiction of the Land-of-Sky Regional
Council of Governments, Madison County and the town of Mars Hill. The Land-of-
Sky Regional Council of Governments conducts current and long-range planning
studies for Region B, which includes Madison, Buncombe, Henderson and Transylvania
counties. In 1978, the Land-of-Sky Regional Council of Governments published a
Region B Regional Land Use Plan to assist in guiding future growth in the region. At
this time, it is the most current plan available. Both Madison County and the town of
Mars Hill have developed individual zoning ordinances/land use plans. Currently,
Buncombe County has not developed a land use plan.
NCDOT is the responsible government entity for transportation planning in the area.
Projects listed in the NCDOT Transportation Improvement Program (TIP) are also
included on the local TIP (City of Asheville). However, local transportation planning
does not generally include projects for Madison County.
12
2. Existing Land Use
As previously stated, land uses in the area are primarily agricultural, with some low-
density residential dwellings and scattered commercial/manufacturing development.
The town of Mars Hill is partially located within the project area, and includes land
uses typical of a small, rural community, such as single-family homes, small
convenience and retail stores, school, church, post office, small offices and shops, etc.
Five mobile homes were identified in the southwest quadrant of U.S. 23 and Adkins
Branch Road, while one vacant barn was identified in the southeast quadrant of this
same intersection. These mobile homes will be impacted by the proposed right-of-way
and will be relocated prior to construction of the proposed roadway improvements.
3. Existing Zoning
The Land-of-Sky Regional Council of Governments has developed a land use
classification system to forecast future growth and zoning. Six separate land
classifications were developed for the region: developed, transition, community, mixed
rural, rural resource and conservation.
Madison County's zoning board has zoned the majority of the project area as RA-26,
Residential Agricultural. Further, the zoning ordinance/land use plan developed by
the town of Mars Hill controls land use within the town limits and one mile outside of
town. Designated land uses include residential and multi-family, mixed use and
highway business.
13
4. Future Land Use
Both Madison and Buncombe counties have experienced population growth since 1970.
This trend is anticipated to increase through the year 2010, according to projections
developed by the Land-of-Sky Regional Council of Governments. Population growth
is also anticipated in the project area. The 1995 long-range land use classifications
developed by the Land-of-Sky Regional Council of Governments define goals and
objectives that meet the needs of the projected growth throughout the region.
According to the long-range plan, the project area will include a combination of
transition, mixed rural, rural resources and conservation uses in the future, similar to
the existing land uses.
No major developments arc currently scheduled in the project area, with the exception
that some new roadside businesses are exploring potential sites for development. The
proposed improvements will not adversely affect future land use plans and objectives.
5. Project Compatibility with Local Plans
As stated, the improvements to U.S. 23 between N.C. 197 and N.C. 213 will be
compatible with regional, county and local plans. Improving the existing highway
concurs with the policies set forth by the various planning entities, which seek to
encourage improvements to existing roads.
D. Prime and Important Farmland
A detailed soil survey is currently underway in Madison and Buncombe counties. The
Soil Conservation Service (SCS), U.S. Department of Agriculture has responded to a
14
request to complete Form AD-1006 for this project. It has been determined that all
areas within the project vicinity are non-prime farmland.
E. Flood Hazard Evaluation
The 100-year floodplain was identified using the Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Maps, and in accordance with Executive Order
11988 - Floodplain Management. Within the project area, both Ivy Creek and Little
Ivy Creek are located within the floodplain; however, no impacts to flood storage or
natural and beneficial flood areas will occur as a result of this action. No
longitudinal floodplain encroachments will occur.
Bridges or box culverts are proposed for all hydrologic crossings. The primary design
criteria for the box culverts is to convey the regulatory flood without increasing the
water surface elevation of the flood greater than one foot at any point. Further,
based on the preliminary analysis and due to the limited development in the area,
upstream impacts due to proposed structures are not anticipated.
No floodways were identified within the project area.
F. Traffic Noise and Air Ouality
A total of 11 noise receptor sites were analyzed within the project area. No impacts
or substantial increases are expected to occur as a result of the roadway improvements.
An Air Quality Impact Assessment was conducted to evaluate the proposed
improvements. The results of the analysis indicate that the proposed improvements
will not cause or contribute to CO concentrations above the one- and eight-hour
15
Ambient Air Quality Standards (AAQS)--levels considered by the EPA to pose no
significant health risk.
The project corridor is in an area where the State Implementation Plan does not
contain any transportation control measures. Therefore, the conformity procedures of
Title 23 Code of Federal Regulations (CFR) Part 770 do not apply to this project.
The construction of the proposed improvements would result in temporary noise
-increases and air quality impacts within the area. Noise would be generated from
heavy equipment used in hauling materials and constructing the roadway
improvements. Air quality would also be temporarily affected due to particulate
matter (dust) from construction equipment and haul trucks, primarily during site
preparation. No long-term impacts to noise levels and air quality are anticipated.
G. Social/Cultural Impacts
The proposed improvements will displace five mobile homes and one vacant barn. It
is the policy of the NCDOT to ensure that comparable replacement housing would be
available prior to construction of federally assisted projects. Furthermore, the
NCDOT has the following three programs to minimize the inconvenience of relocation:
* Relocation Assistance,
* Relocation Moving Payments, and
* Relocation Replacement Housing Payments or Rent Supplement.
With the Relocation Assistance Program, experienced NCDOT staff will be available
to assist displacees with information such as availability and prices of homes,
16
apartments or businesses for sale or rent and financing or other housing programs.
The Relocation Moving Payments Program, in general, provides for payment of actual
moving expenses encountered in relocation. Where displacement would require a
tenant to rent property of higher cost, the Relocation Replacement Housing Payments
or Rent Supplement Program will compensate up to $5,250 to tenants who arc eligible
and qualify. A displaced tenant will receive this payment to rent a replacement
dwelling or to make a down payment, including incidental expenses, on the purchase
of a replacement dwelling. A maximum of $5,250 is allowed by NCDOT as a down
payment for tenants.
All tenants who may be displaced will receive an explanation from an NCDOT
relocation officer regarding all available options, such as (1) purchase of replacement
housing, (2) rental of replacement housing, either private or public or (3) moving
existing owner-occupant housing to another site (if possible). The relocation officer
will also supply information concerning other state or federal programs offering
assistance to displaced persons and provide other advisory services, as needed, to
minimize hardships to displaced persons in adjusting to a new location.
It is a policy of the state that no person will be displaced by the NCDOT's federally-
assisted construction projects unless and until comparable or adequate replacement
housing has been offered or provided for each displaces within a reasonable period of
time prior to displacement. No relocation payment received will be considered as
income for the purposes of the Internal Revenue Code of 1954 or for the purposes of
determining eligibility or the extent of eligibility of any person for assistance under
the Social Security Act or any other federal law. It has been determined by NCDOT
that comparable housing resources are available for the relocatees.
17
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