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HomeMy WebLinkAbout20120285_Other Documents_20100726 (2) µsTATEo STATE OF NORTH CAROLINA TURNPIKE AUTHORITY MICHAEL F. EASLEY 1578 MAIL SERVICE CENTER, RALEIGH, N.C. 27699-1578 GOVERNOR May 4, 2007 Mr. Heinz J. Mueller Chief, NEPA Program Office US Environmental Protection Agency - Region 4 Atlanta Federal Center 61 Forsyth Street Atlanta, GA 30303-896o RE: Gaston East-West Connector - TIP Project U-3321 Dear Mr. Mueller, DAVID W. 7OYNER EXECUTIVE DIRECTOR Thank you for your letter dated March 1, 2007 regarding the Gaston East-West Connector project. We have reviewed your comments and offer the following attached table in response. Please note that at this time, the North Carolina Turnpike Authority has not decided to remove the Gaston East-West Connector project from the Section 404/NEPA Merger o1 process. If you have additional questions, please contact me at 919-571-3004. Sincerely, imifer Harris, P.E. NC Turnpike Authority cc: Clarence Coleman - FHWA Scott McLendon - USACE t John Hennessy - NCDENR-DWQ 4 0iwl ?, Brian Cole - USFWS y4 qy , rfl 6T<0 'D J19 a Q1? 1?00, NORTH CAROLINA TURNPIKE AUTHORITY TELEPHONE: 919-571-3000 FAX: 919-571-3015 Gaston East-West Connector (U-3321) Page 2 of 10 Response to March 1, 2007 Letter From H. Mueller - US EPA May 4, 2007 Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007 Page - COMMENT ACTION/RESPONSE Paragraph SECTION 1 OF LETTER (NO HEADING) EPA understands that the proposed facility is The ultimate basic number of lanes included in the expected to be a 4-lane, divided highway that preliminary roadway designs of the new location 1 - 1 would be connected to Interstate 85 west of alternatives will be determined based on the design Gastonia to theI-485 Charlotte Outer Loop. year 2030 traffic forecasts. The target LOS for the designs is LOS D or better. As you are aware, several resource agencies The primary purposes of the project are to improve were concerned that the new locations mobility, access and connectivity in southern alternatives by themselves did not meet the Gaston County and between southern Gaston primary purpose and need, including the relief County and Mecklenburg County. The second 1-2 of congestion and poor Level of Service (LOS) purpose is to reduce congestion and improve traffic along major portions of I-85 and US 29/US 74. flow on sections of 1-85, US 291US 74 and US 321 in the project study area. Concurrence Point 1 (Purpose and Need) was signed on July 24, 2002. The new location alternatives best meet the project purposes and needs. EPA recognizes that the NCTA has developed The NCTA has not developed a new (revised) a new (revised) purpose and need statement but purpose and need statement. However, NCTA may has retained the 16 new location alternatives update some supporting information in the purpose that had been developed while NCDOT was the and need prior to publication in the Draft EIS. 1-3 lead State transportation agency. However, it is not expected that the primary element regarding the need to improve mobility, access and connectivity in southern Gaston County and between southern Gaston County and Mecklenburg County would change. EPA acknowledges that the estimated cost has The current estimate of project costs are between increased dramatically from earlier NCDOT's $745 M to $1,595 M (April 2007 dollars). Project 2-1 estimates (i.e. between $600-$700 million) to costs are higher than previous NCDOT NCTA's estimated cost: $715 million to estimates due to the inclusion of design costs, toll $1.525 billion (January 2007 dollars). facilities, updated ROW estimates, construction cost increases and construction administration costs. 2-1 EPA acknowledges that NCTA recommends Phasing relates to construction of the project. The phasing (3 phases) of the currently proposed ultimate project from I-85 west of Gastonia to I485 project and that toll/no toll options will be in Mecklenburg County will be evaluated in the considered and addressed in the Draft DEIS. Toll options will be considered and Environmental Impact Statement (DEIS). addressed in the DEIS. 2-2 EPA has several primary environmental --- concerns.... including: potential direct impacts to waters of the U.S. Direct impacts to waters of the US will be reported in the DEIS. They will be based on the preliminary engineering designs and field-delineated waters of the US. potential air quality impacts including Air quality impacts will be addressed in accordance Mobile Source Air Toxics (MSATs) with FHWA guidance. indirect and cumulative impacts to air and An indirect and cumulative effects assessment will water quality be performed for the project and reported in the DEIS. Gaston East-West Connector (U-3321) Response to March 1, 2007 Letter From H. Mueller - US EPA May 4, 2007 Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007 Page 3 of 10 Page - COMMENT ACTION/RESPONSE Paragraph potential inability to find compensatory NCTA is coordinating with the Ecosystem mitigation for jurisdictions impacts Enhancement Program regarding mitigation needs. NCTA will obtain all required permits prior to construction. potential impacts to terrestrial forests Direct impacts to biotic communities present within the preliminary design right of way within the Detailed Study Alternatives will be calculated and reported in the DEIS. The indirect and cumulative effects study will address indirect and cumulative impacts to natural resources. prime farmlands The evaluation of impacts to prime farmlands will be conducted in accordance with the Farmland Protection Policy Act (FPPA) and reported in the DEIS. inability of the new facility to reduce A new location facility, designed for LOS D or congestion (and thereby improving air better in 2030, will provide a less congested quality) along the 1-85 and US 29/US 74 alternate route for the I-85 and US 291US 74 corridors. corridors. Improving air quality specifically along the I-85/US 29/US 74 corridor is not a purpose of the proposed project. The region's air quality conformity determination includes the Gaston East-West Connector. The air quality conformity document is titled: Conformity Analysis and Determination Report for the Cabarrus-Rowan MPO, the Gaston Urban Area MPO, and the Mecklenburg-Union MPO 2030 Long Range Transportation Plans and the FY 2004-2010 Transportation Improvement Programs and for Non-MPO Areas of Lincoln County, Iredell County, Gaston County, and Union County areas (8-Hour Ozone, and CO (Mecklenburg County Only) (June 2005). SECTION TITLED - PURPOSE AND NEED/DETAILED STUDY ALTERNATIVES 2-3 EPA is concerned that the needs for some of A new location facility, designed for LOS D or these purposes have not been clearly better in 2030, will provide a less congested established, including the need for improving a alternate route for the I-85 and US 29/US 74 high-speed, safe regional travel service along corridors. the US 291US 74 intra-state corridors... .Without some improvements to I-85 and Concurrence Point 1 on purpose and need was nearby local connectors, EPA is concerned that signed in July 2002. Several different alternatives the proposed new location Gaston East-West that improved existing I-85 and US 29/US 74 were connector will not fully address the congestion evaluated (Scenarios 4+, 4a, and 8), but were and poor LOS along the primary east-west, eliminated from detailed study. These included high-speed route within Gaston County. widening 1-85 to 8 to 10 lanes. Scenario 8 also included improvements to north-south feeder roads connecting to I-85. These alternatives were eliminated because they could not meet the primary need of providing connective in southern Gaston Gaston East-West Connector (U-3321) Response to March 1, 2007 Letter From H. Mueller - US EPA May 4, 2007 Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007 Page 4 of 10 Page - COMMENT ACTION/RESPONSE Paragraph County and between southern Gaston County and Mecklenburg County. They were also eliminated because they would have environmental and engineering issues that would make them not reasonable for this project and they would not be consistent with local transportation plans. 2-4 and 3-2 EPA primarily abstained [from concurrence A full range of alternatives was considered. Three point 2] because NCDOT and FHWA would Improve Existing Roadway Alternative scenarios not consider a combination of alternatives, were evaluated, including Scenario 8, which including new location alternatives with `some' involved improvements to I-85, US 29/US 74 and (limited) improve existing options along I-85 north/south feeder roads. The demand for travel and US 29/US 74. EPA is requesting that across the Catawba River between Gaston and FHWA in close coordination with NCTA and Mecklenburg Counties is high. According to the NCDOT reconsider some improvements to the travel demand model used during development of existing regional facilities as a part of this the purpose and need and alternatives, year 2025 overall regional project. average daily traffic (ADT) volumes on I-85 under the No-Build scenario were up to 164,000 ADT at EPA believes that the report failed to address a the Catawba River crossing. This required combination of alternatives to address regional widening to at least 10 lanes to achieve LOS D. A travel needs, including a new location review of the potential impacts to this widening connector component with additional concluded it would not be a reasonable alternative improvements to 1-85, US 291US 74, and north- for the proposed project. south feeder roads. By itself, the new location connector was not forecasted to substantially Since that time, a new regional travel demand improve congestion along 1-85 and model, the Metrolina Model, was developed. This US 29/US 74 in the design year and that a model was used to project year 2030 traffic. Using number of critical locations along these this updated and expanded model, year 2030 traffic existing highways would continue to operate at volumes on 1-85 in the No-Build scenario are a LOS F+, projected to be up to 220,000 ADT. A freeway 12 lanes wide would carry this volume of traffic at LOS D/E. 3-2 The fact that the new connector is proposed as A new location facility designed to operate at a potential toll facility only reduces the LOS D or better under 2030 non-toll traffic likelihood that regional east-west travel forecasts will substantially improve east-west travel between Gaston and Mecklenburg Counties between Gaston and Mecklenburg Counties will substantially improve in the future. regardless of whether it is built as a toll or non-toll facili . 3-3 The statement that the Catawba River forms a The Review Board Summary addressed specific natural barrier between southeastern Gaston issues that the Review Board requested additional County and western Mecklenburg county is information on. Improve Existing Roadway true. However, the report [Review Board Alternative Scenarios 4a and 8 included widening Summary of the Evaluation of Improve of I-85 to 10 lanes from Exit 19 (Ozark Avenue) in Existing Roadways Alternatives, dated June 10, Gaston County to Exit 29 (1-485) in Mecklenburg 2005] does not address any consideration for County. The I-85 bridges over the Catawba River improvements to the multi-lane bridges over currently accommodate 8 lanes, so widening of the Catawba River for 1-85 or US 29/US 74. these bridges was included in Scenarios 4a and 8. Gaston East-West Connector (U-3321) Response to March 1, 2007 Letter From H. Mueller - US EPA May 4, 2007 Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007 Page 5 of 10 Page - 3-3 3-3 3-3 3-3 3-3 COMMENT EPA's primary concern is that the new connector facility (toll or otherwise) is going to induce uncontrolled growth and development south, southwest, and west of Gastonia, induce travel demand, and continue to place unreasonable burdens on local north-south feeder routes. A new east-west connector will not address the poor LOS on a number of these routes, including NC 279, NC 274, and US 321. EPA believes that there is a potential misconception that all of the future travel demand in the region will be between southeastern Gaston County and western Mecklenburg County ....the new east-west connector facility only addresses `typical commuting travel', and not the numerous local trips to schools, shopping, religious facilities, etc., that will be in the Gastonia area. Local 2-lane roadways such as NC 279 and NC 274 are not designed to handle the future travel demands spurred by the proposed new connector. With a new east-west connector and potential. induced development.....the capacity of other vital services such as wastewater treatment, water supply, electricity, etc., may also be ACTION/RESPONSE An indirect and cumulative impact assessment will be prepared for the project. The assessment will be summarized in the DEIS. The construction of the Gaston East-West Connector will not, nor is it meant to, solve all the transportation needs, issues and problems present or anticipated in Gaston County. The Gaston Urban Area MPO's Long Range Transportation Plan is the document that identifies and prioritizes transportation projects in the MPO area over a See previous response directly above. The cross streets at interchanges will be widened through the interchange area to accommodate projected 2030 peak hour traffic. Beyond this area, any additional improvements to the cross street would be performed as separate projects. An indirect and cumulative impact assessment will be prepared for the project and summarized in the DEIS. SECTION TITLED - CLEAN WATER ACT SECTIONS 401, 402, AND 404 1 4-1 EPA requests that FHWA and NCTA fully consider and address in the NEPA document the detailed study alternatives that avoid and minimize water quality impacts, including direct and indirect and cumulative impacts to the streams, wetland and riparian areas within the project study area. In accordance with the NEPA and FHWA guidance, the FHWA and NCTA will consider all alternatives that meet the project's purpose and need and are reasonable and practicable to implement. Direct impacts to water resources from these detailed study alternatives will be minimized, as much as practicable, during preliminary design, and the impacts will be reported in the DEIS. Indirect and cumulative impacts to streams, wetlands, and riparian areas will be evaluated in the indirect and cumulative effects assessment, and will be reported in the DEIS. Any studies required to obtain a Section 401 Water Quality Certification will be conducted at the appropriate time to obtain the certification. Gaston East-West Connector (U-3321) Response to March 1, 2007 Letter From H. Mueller - US EPA May 4, 2007 Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007 Page 6 of 10 Page - COMMENT ACTION/RESPONSE Paragraph 4-1 A quantitative ICI analysis would be The indirect and cumulative impact assessment that appropriate for this project as it is expected to will be prepared for the project and summarized in induce substantial vehicle travel as well as the DEIS will follow NCDOT and FHWA increase development in rural portions of guidelines for these types of studies. If a Gaston County. quantitative analysis is warranted based on the guidelines, it will be conducted at the appropriate time. 4-1 The NEPA document should also identify the Traffic volumes at each interchange location will be specific traffic need for each of the 11 to 12 reported in the DEIS. The currently proposed interchanges as these.... typically cause the interchange locations were identified by the Gaston greatest impacts to streams (and associated Urban Area MPO in their Long Range wetlands). Transportation Plan. After a Preferred Alternative is selected, these interchanges will be reviewed to determine which, if any, could be eliminated. The FEIS will document this evaluation. 4-1 Alternative design considerations, including During the development of the preliminary Single-point Urban Interchanges (SPUI) and engineering designs for each Detailed Study `compressed clover-leafs' should be identified Alternative, a preliminary interchange configuration and discussed in the EIS in order to reduce the will be selected to be included in the preliminary right of way and construction footprint impacts. designs that takes into account traffic projections and traffic operations as well as presence of human and natural resources. 4-1 All reasonable avoidance and minimization Avoidance and minimization will be addressed. measures planned by the transportation agencies need to be identified and evaluated in the EIS, including where applicable the reduction of fill slopes and median widths at stream and wetland crossings. 4-2 NCTA should consider bridging all major The NCTA will provide bridges at all stream stream systems as part of its efforts to avoid crossings that require a bridge for hydraulic and minimize potential impacts to waters of the purposes. Additional bridges will be considered on U.S. a case by case basis, with input from the resource agencies during the Turnpike Environmental Agency Coordination Meetings. 4-2 Proposed bridge locations should be identified Proposed bridge locations will be identified in the in the DEIS. DEIS. 4-2 From past meeting conversations, EPA Previous stream impact calculations were based on understands that the total linear feet of stream available GIS databases. Wetland and stream field impacts for some of the 16 alternatives may delineations for all Detailed Study Alternatives exceed 30,000 linear feet. This potential total were completed in early March. Those impact far exceeds a baseline average per mile delineations, together with preliminary designs, will of stream impact for this area of the state. be used to calculate wetland and stream impacts. These impact estimates will be reported in the DEIS. Gaston East-West Connector (U-3321) Response to March 1, 2007 Letter From H. Mueller - US EPA May 4, 2007 Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007 Page 7 of 10 Page - COMMENT ACTION/RESPONSE Paragraph 4-2 NCTA should also consider the elimination of Interchanges (and their potential elimination) and interchanges and separate toll collecting plazas the locations of toll collection facilities will be (2) as part of its overall avoidance and reviewed in detail for the Preferred Alternative. minimization strategy. Based on this review, the preliminary designs will be revised, if necessary, and the revised designs (and revised impacts) will be reported in the Final EIS. 4-2 The proposed interchange/ramp toll plaza The Dixie River Road interchange is the only proposed at Dixie River Road.....is an example service interchange in Mecklenburg County and of an interchange that might be considered for likely will not be eliminated. During preliminary modification or elimination due to its close design for the DEIS, the interchange configuration proximity to a nearby stream. will be evaluated and impacts minimized where feasible. 4-2 ...the two interchanges/ramp toll plazas Interchanges (and their potential elimination) and proposed between the ones proposed at US 321 the locations of toll collection facilities will be and NC 274.... are also close to one another reviewed in detail for the Preferred Alternative. and may need to be considered for elimination. Based on this review, the preliminary designs will be revised, if necessary, and the revised designs (and revised impacts) will be reported in the Final EIS. 4-3 The EIS should also consider detailed NCTA is coordinating with the Ecosystem compensatory mitigation for direct impacts to Enhancement Program regarding mitigation needs. jurisdictional streams and wetlands and provide a `conceptual plan' that includes opportunities for on-site mitigation. 4-3 Indirect and cumulative impacts to water The indirect and cumulative impact assessment that quality resulting from a new location facility will be prepared for the project and summarized in need to be quantitatively assessed in the DEIS, the DEIS will follow NCDOT and FHWA including specific provisions and conditions for guidelines for these types of studies. If a stormwater control. quantitative analysis is warranted based on the guidelines, it will be conducted at the appropriate time. 5-1 FHWA regulations and policy allow for full The indirect and cumulative impact assessment that mitigation of all project impacts, including will be prepared for the project will follow NCDOT indirect and cumulative impacts. EPA requests and FHWA guidelines for these types of studies. that NCTA and FHWA fully explore all NCTA is following NCDOT's practice on not possible methods of directly addressing mitigating for indirect and cumulative impacts. mitigation for indirect and cumulative effects of the proposed project, including long-term im acts to water quality. 5-1 It should be noted that opportunities for on-site Comment noted. The NCTA is coordinating with mitigation or even off-site compensatory the EEP on mitigation needs. mitigation within this hydrologic cataloguing unit (HUC) for stream impacts may be very difficult to find. Gaston East-West Connector (U-3321) Response to March 1, 2007 Letter From H. Mueller - US EPA May 4, 2007 Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007 Page 8 of 10 Page - I COMMENT 5-2 ....the NCTA and FHWA should consider the new crossing alternatives that are perpendicular to these major rivers [Catawba and South Fork Catawba] in order to minimize impacts... 5-2 NCTA will be required to obtain a CWA Section 402 NPDES (National Pollutant Discharge Elimination System) stormwater permit as well as the CWA Section 401 water aualitv certification from NCDWO. ACTION/RESPONSE The locations of the major river crossings were a factor in the development of the study corridors. With consideration of other factors such as the presence of tributaries, subdivisions, and other resources, the major river crossings were located to cross as close to perpendicular as possible and in more narrow locations where Dossible. NCTA will obtain all required permits at the appropriate times in the project development and construction process. SECTION TITLED - CLEAN AIR ACT 5-3 EPA requests that a detailed analysis and disclosure be conducted regarding air conformity requirements for the combined Gaston East-West Connector project. As part of this analysis, the NCTA may also need to consider the potential cumulative effects to air quality from the Monroe Bypass and Connector projects... as well as other NCDOT TIP projects proposed in Mecklenburg, Union, and Gaston Counties. The latest air quality conformity determination for the region (dated June 2005) includes the entire Metrolina nonattainment area (Conformity Analysis and Determination Report for the Cabarrus-Rowan MPO, the Gaston Urban Area MPO, and the Mecklenburg-Union MPO 2030 Long Range Transportation Plans and the FY 2004-2010 Transportation Improvement Programs and for Non-MPO Areas of Lincoln County, Iredell County, Gaston County, and Union County areas (8-Hour Ozone, and CO (Mecklenburg County Only))). The conformity determination "demonstrates that the financially constrained Long Range Transportation Plan and the Transportation Improvement Program (TIP) eliminates or reduces violations of the national ambient air quality standards (NAAQS) in the nonattainment area that includes: • The Cabarrus-Rowan Metropolitan Planning Organization (CRMPO); • The Gaston Urban Area Metropolitan Planning Organization (GUAMPO); • The Mecklenburg-Union Metropolitan Planning Organization (MUMPO); • The portion of the Lake Norman Rural Planning Organization in Western Gaston County, Lincoln County, and Southern Iredell County; and • The portion of the Rocky River Rural Planning Organization in Eastern and Southern Union County. The plan accomplishes the intent of the North Carolina State Implementation Plan (SIP). This conformity determination is based on a regional Gaston East-West Connector (U-3321) Response to March 1, 2007 Letter From H. Mueller - US EPA May 4, 2007 Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007 Page 9 of 10 Page - COMMENT ACTION/RESPONSE Paragraph emissions analysis that uses the transportation network approved by each of the above-named Metropolitan Planning Organizations (MPOs) and Rural Planning Organizations (RPOs) for the 2030 long-range transportation plan..." 5-4 This proposed NCTA project might also be a Comment noted. NCTA will follow FHWA 5-5 `pilot' for a full quantitative analysis for guidelines in determining whether the project 5-6 MSATs (mobile source air toxics) that are qualifies as one that requires a full quantitative required to be analyzed under Section 202 of MSAT analysis. the Clean Air Act. There are several technical issues that EPA may be in disagreement with FHWA, including the threshold criteria for performing a quantitative assessment and the available methods (i.e., Modeling) for performing an analysis. Because of proposed expansion plans at Charlotte-Douglas International Airport (CDU), including substantial increased freight capacity, EPA believes that a more `robust' analysis needs to be conducted, including an MSAT indirect and cumulative impact analysis. It is clear the proposed east-west connector would service the CDU's proposed expansion plans. 6-1 Please feel free to contact Dr. Kenneth L. Contact information noted. Mitchell or one of his staff within EPA Region 4's Air Toxics Assessment and Implementation Section .... for further guidance on performing a technically-sound, project specific analysis for the 21 MSAT compounds that are found for I highway projects. SECTION TITLED - PRIME FARMLANDS 6-2 EPA recommends that NCTA perform a full An indirect and cumulative impact assessment will analysis on how the different alternatives (with be prepared for the project and will assess land use. emphasis on the new location alternatives) will also affect land use changes and conversions of rime agricultural land to non-agricultural uses. 6-2 The DEIS should also specifically address the The DEIS will include an estimate of direct impacts direct impact to prime farmland. to prime farmlands in accordance with the Farmland Protection Policy Act (FPPA), in coordination with the Natural Resources Conservation Service (MRCS). Gaston East-West Connector (U--3321) Response to March 1, 2007 Letter From H. Mueller - US EPA May 4, 2007 Responses to Letter from H. Mueller - US EPA - Dated March 1, 2007 Page 10 of 10 Page - 6-2 6-2 COMMENT FHWA and NCTA should clearly identify what avoidance and minimization measures were considered in the development of detailed study alternatives. In performing a prime farmland analysis, it is also important to consider what prime farmland soils are actually zoned for development uses versus what is planned for development. Generic land use plan designations that change current prime farmlands to development uses need to be considered as part of the prime farmlands impacted by the proposed uroiect. ACTION/RESPONSE Avoidance and minimization measures used during the alternatives development and evaluation process is documented in the alternatives report and this information will be summarized in the DEIS. NCTA would like further clarification regarding this comment in order to respond. SECTION TITLED - HISTORIC AND ARCHEOLOGICAL PROPERTIES 7-1 The DEIS should fully address the eighteen (18) potential historic properties identified along the new location alternatives as well as any archeological sites. The NCTA and FHWA will coordinate with the State Historic Preservation Office and will address historic and archaeological resources in accordance with Section 106 of the Historic Preservation Act and Section 4(f). SECTION TITLED - OTHER POTENTIAL NEPA `CROSS-CUTTERS' 7-2 7-2 7-2 The NCTA should consider... in the DEIS... Executive Order 13112 on Invasive Species and requirements under the Migratory Bird Treaty Reform Act (MBTRA) of 2004. The US Fish and Wildlife Service (FWS) should be consulted regarding an analysis of avian Federal Species of Concern (FSOC) and potential requirements and considerations under MBTRA. NCTA and FHWA should consult with FWS regarding Bald eagles. The NCTA will coordinate with the USFWS regarding the Migratory Bird Treaty Reform Act of 2004. Invasive species will be addressed in the DEIS in compliance with Executive Order 13112 and FHWA Guidance (available at www.fliwa.dot.gov/environmentlem inv.htm) The NCTA will coordinate with the USFWS on this issue. The NCTA has conducted a survey for bald eagles. No eagle nests were found within one mile of the Detailed Study Alternatives. The NCTA will provide the survey report to the USFWS.