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HomeMy WebLinkAboutU-3849 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GovERNOR SECRETARY April 7, 2004 Ms. Cynthia Van Der Wiele NCDENR - Division of Water Quality W TLAN®S /401 W Up 1650 Mail Service Center Raleigh, North Carolina 27699-1621 APR 12 2004 Dear Ms. Van Der Wiele: WATER QUAL17-y SE C SUBJECT: Federal Environmental Assessment for Hope Mills, SR 1363 (Elk Road) V10'Wegion Road (SR 1132) to I-95 Business/US 301, Cumberland County, Federal Aid Project STP-1363(3), State Project 8.2443601, WBS Element 34994.1.1, TIP Project U-3849 Attached is a copy of the Environmental Assessment and the Natural Resources Technical Report for the subject proposed highway improvement. It is anticipated this project will be processed with a "Finding of No Significant Impact"; however, should comments received on the Environmental Assessment or at the public hearing demonstrate a need for preparing a Draft Environmental Impact Statement you will be contacted as part of our scoping process. Copies of this Assessment are being submitted to the State Clearinghouse, areawide planning agencies, and the counties, towns, and cities involved. Permit review agencies should note it is anticipated Federal Permits will be required as discussed in the report. Any comment you have concerning the Environmental Assessment should be forwarded to: Gregory J. Thorpe, Ph.D., Director Project Development and Environmental Analysis Branch N. C. Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Your comments should be received by June 11, 2004. If you desire a copy of the "Finding of No Significant Impact," please so indicate. Grdgory J. orpe, P!(. D., Director Project D elopment and Environmental Analysis Branch GJT/plr MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE. WWW.NCDOT.ORG RALEIGH NC RALEIGH NC 27699-1548 e"`s7AT?v .tea STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GovERNOR SECRETARY April 7, 2004 Ms. Cynthia Van Der Wiele NCDENR - Division of Water Quality "'THAN®S /401 GROUP 1650 Mail Service Center Raleigh, North Carolina 27699-1621 APR 12 2004 Dear Ms. Van Der Wiele: WATER QU ALIT'Y SUBJECT: Federal Environmental Assessment for Hope Mills, SR 1363 (Elk Road) fro/9&egion Road (SR 1132) to I-95 Business/US 301, Cumberland County, Federal Aid Project STP-1363(3), State Project 8.2443601, WBS Element 34994.1.1, TIP Project U-3849 Attached is a copy of the Environmental Assessment and the Natural Resources Technical Report for the subject proposed highway improvement. It is anticipated this project will be processed with a "Finding of No Significant Impact"; however, should comments received on the Environmental Assessment or at the public hearing demonstrate a need for preparing a Draft Environmental Impact Statement you will be contacted as part of our scoping process. Copies of this Assessment are being submitted to the State Clearinghouse, areawide planning agencies, and the counties, towns, and cities involved. Permit review agencies should note it is anticipated Federal Permits will be required as discussed in the report. Any comment you have concerning the Environmental Assessment should be forwarded to: Gregory J. Thorpe, Ph.D., Director Project Development and Environmental Analysis Branch N. C. Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Your comments should be received by June 11, 2004. If you desire a copy of the "Finding of No Significant Impact," please so indicate. Grcfory J. orpe, PV D., Director Project D elopment and Environmental Analysis Branch GJT/plr MAILING ADDRESS: TELEPHONE: 919-733-3141 LOCATION: NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 TRANSPORTATION BUILDING PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET 1548 MAIL SERVICE CENTER WEBSITE. WWW. NCDOT.ORG RALEIGH NC RALEIGH NC 27699-1548 Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 ADMINISTRATIVE ACTION ENVIRONMENTAL ASSESSMENT U.S. Department of Transportation Federal Highway Administration and N.C. Department of Transportation Division of Highways z 0? " Z0 Date ? oy ate roIt'Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA r John F. Ki0ivan III Division Administrator, FHWA Hope Mills " SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 ENVIRONMENTAL ASSESSMENT Document Prepared in the Project Development and Environmental Analysis Branch by: Beverly G. Robi son Project Devel ment Engineer •••`'? CARO off, ,r` ??.•a?E5S 10,y 4 9 g SE A J es A. McInnis, Jr., P. E. L c 20701 Project Development Unit Head ?• y9 t q. ••??s•. NGI NE.?'?? •. '? A.11Ac?N •?•. Z f 2?/ ov TABLE OF CONTENTS Page Project Commitments .................................................................................i Summary ...............................................................................................ii I. Description of the Proposed Action ................................................................. 1 A. Project Purpose .................................................................................... 1 B. General Description ............................................................................. 1 C. Cost Estimate ...................................................................................... 1 II. Need for Project ............................................................................................... 1 1. Traffic Volumes ....................................................................... 1 2. Capacity ................................................................................... 2 3. Accident Analysis .................................................................... 2 4. Thoroughfare Plan ................................................................... 2 III. Existing Conditions .......................................................................................... 2 A. Existing Typical Section ...................................................................... 2 B. Existing Right of Way ......................................................................... 2 C. Access Control ..................................................................................... 3 D. Speed Limits ........................................................................................ 3 E. Functional Classification ..................................................................... 3 F. Utilities ................................................................................................. 3 G. Interesting Roads and Types of Control .............................................. 3 H. Sidewalks ............................................................................................. 3 I. School Bus Data .................................................................................. 3 IV. Prop osed Improvements ................................................................................... 3 A. Project Length ...................................................................................... 3 B. Proposed Typical Section .................................................................... 3 C. Proposed Alignment ............................................................................. 4 D. Right of Way ........................................................................................ 4 E. Access Control ..................................................................................... 4 F. Design Speed ....................................................................................... 4 G. Types of Intersection Control/Improvements ...................................... 4 H. Cost Estimates ..................................................................................... 5 1. Sidewalks ............................................................................................ 5 J. Bicycle Accommodations ................................................................... 5 TABLE OF CONTENTS (Continued) V. Alternatives to the Proposed Action ................................................................ A. Design Alternatives .............................................................................. B "No-Build" Alternative ........................................................................ C. Alternate Modes of Transportation ...................................................... VI. Adjacent Projects ............................................................................................. VII. Evaluation of Environmental Effects ............................................................... A. Cultural Resources ......................................................................... 1. Historic Architectural Resources ............................................. 2. Archaeological Resources ....................................................... B. Soci al/Economic Effects ...................................................................... 1. Relocation of Homes and Businesses ...................................... 2. Neighborhood Cohesion ......................................................... 3. Public Facilities ....................................................................... 4. Environmental Justice ............................................................. 5. Economic Effects .................................................................... C. Land Use ............................................................................................. D. Farmland Impacts ................................................................................. E. Secondary/Cumulative Impacts ........................................................... F. Natural Resources ................................................................................ 1. Biotic Resources ...................................................................... 2. Terrestrial Communities .......................................................... a. Disturbed Communities ............................................... b. Alluvial Floodplain ...................................................... 3. Aquatic Communities ............................. 4. Anticipated Impacts to Biotic Resources 5. Water Resources ..................................... a. Characteristics of Water Resources ............................. b. Best Usage Classification ............................................ 6. Water Quality .......................................................................... 7. Summary of Anticipated Impacts to Water Resources ............ 5 5 5 5 6 6 6 7 7 7 7 7 8 8 9 9 9 10 10 10 10 11 11 12 12 12 12 13 13 13 TABLE OF CONTENTS (Continued) 8. Jurisdictional Topics ................................................................ 14 a. Waters of the Unites States .......................................... 14 b. Characteristics of Wetlands and Surface Waters ......... 14 C. Summary of Anticipated Impacts ................................ 14 d. Permits ......................................................................... 15 e. Avoidance, Minimization and Mitigation ................... 15 9. Protected and Rare Species ...................................................... 15 a. Federally-Protected Species ......................................... 15 b. Federal Species of Concern and State Listed Species 21 G. Flood Hazard Evaluation ..................................................................... 23 H. Section 4(f) Resources ........................................................................ 24 1. Traffic Noise Analysis ........................................................................ 24 J. Air Quality Analysis ............................................................................ 26 K. Hazardous Material Involvement and Underground Storage Tank Facilities ............................................................................................... 28 VIII. Comments, Coordination, and Public Involvement ......................................... 28 Figures Figure 1 Vicinity Map Figure 2 Aerial Mosaic Figure 3a 2006/2025 Traffic Volumes Without Improvements Figure 3b 2006/2025 Traffic Volumes With Improvements Figure 4a Lane Configuration Diagram Figure 4b Lane Configuration Diagram Figure 4c Lane Configuration Diagram Figure 5 Southview Middle and High School Recommended Campus Layout Figure 6 Thoroughfare Plan Figure 7 Flood Plain Map Figure 8 Typical Section Tables 1 LOS With and Without Proposed Improvements ........................................... 2 2 Anticipated Impacts to Biotic Communities .................................................... 12 3 Federally Protected Species for Cumberland County ...................................... 16 4 Federal Species of Concern ............................................................................. 22 Appendix A Appendix B Project-Commitments Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project. STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 Project Development and Environmental Analysis Branch The North Carolina Department of Cultural Resources, State Historic Preservation Office (SHPO)'requested a review of the final plans if any of the widening project occurred on new location. The design plans will be forwarded to SHPO for further review. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" for the federally- protected St. Francis' satyr, Pondberry, and Michaux's sumac prior to completion of the final environmental document for the project. Division 6 Sidewalks are proposed on the south side of Elk Road from Legion Road to Cameron Road/Gillespie Road. The City of Fayetteville has committed to participate in the cost of sidewalks in accordance with NCDOT's Pedestrian Policy. 4.2 meter (14-foot) outside lanes are proposed to provide additional width to accommodate bicycles. Side slopes at streams and wetland areas along this project will be at 2:1 in order to minimize impacts. Environmental Assessment U-3849 Page 1of 1 February 2004 i Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 SUMMARY 1. Description of the Proposed Action The North Carolina Department of Transportation, Division of Highways proposes to widen SR 1363 (Elk Road) to a four-lane median divided facility with curb and gutter, from SR 1132 (Legion Road) to SR 1242/SR 1131 (Gillespie Road/Cameron Road) and extend Elk Road on new location between Gillespie Road/Cameron Road and I-95 Business/JS 301. The project is approximately 1.5 miles long. The proposed project is included in the 2004-2010 North Carolina Transportation Improvement Program (TIP). Right of way acquisition is scheduled for Fiscal Year (FY) 2004 and construction in FY 2006. The current estimated cost for the proposed project is $10,669,000 which includes $6,700,000 for construction and $3,969,000 for right of way acquisition. The cost included in the 2004-2010 TIP is $12,265,000 which includes $4,615,000 for right of way acquisition and $7,650,000 for construction. 2. Summary of Environmental Impacts The widening and extension of Elk Road will result in the relocation of nine residences. Less than 1.0 acre (0.4 ha) of wetlands will be impacted as a result of the widening and extension of Elk Road. 3. Alternates Considered The following alternatives were considered in the development of the project. Alignment All widening improvements are proposed along existing (Elk Road) SR 1363. Elk Road will be extended from (Cameron Road) SR 1131/(Gillespie Road) SR 1242 to I-95 Business/US 301 at SR 2273. Typical Section A four-lane curb and gutter section was the only typical section studied for the proposed project. This typical section will provide a 3.7 meter (12-foot) inside lane and a 4.3 meter (14-foot) outside through lane in each direction and a variable 5.3 to 6.7 meter (17.5 to 22 foot) median. No Build The No Build option was rejected as the existing facility will not effectively serve the projected volumes. 4. Coordination The following federal, state and local agencies and officials were consulted regarding this project. U.S. Army Corps of Engineers - Wilmington Environmental Protection Agency, Region VI U.S. Fish and Wildlife Service U.S. Department of Interior U.S. Geological Survey Mid Carolina Council of Governments Cumberland County Commissioners Mayor of Fayetteville Mayor of Hope Mills N.C. Department of Cultural Resources N.C. Wildlife Resources Commission N.C. Division of Water Quality 5. Additional Information Additional Information concerning the proposed project and assessment can be obtained by contacting the following: Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Assessment Branch N.C. Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 John F. Sullivan III Division Administrator Federal Highway Administration 310 New Bern Avenue, Suite 401 Raleigh, North Carolina 27601-1442 (919) 856-4346 iv Hope Mills SR 1363 (Elk Road) Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994. 1.1 TIP Project U-3849 1. DESCRIPTION OF THE PROPOSED ACTION A. Project Purpose The purpose of this project is to reduce congestion and improve safety on SR 1363 (Elk Road) and improve access to I-95 Business/US 301 for southwest Fayetteville and Hope Mills. B. General Description The North Carolina Department of Transportation, Division of Highways proposes to widen existing SR 1363 (Elk Road) to a four-lane median divided facility with curb and gutter, from SR 1132 (Legion Road) to SR 1242 (Gillespie Road)/SR 1131 (Cameron Road) and extend Elk Road from SR 1242/SR 1131 approximately 100.6 meters (330 feet) eastward to I-95 Business/US 301. The project is approximately 2.4 kilometers (1.5 miles) long. The proposed project is included in the 2004-2010 North Carolina Transportation Improvement Program (TIP). Right of way acquisition is scheduled for Fiscal Year (FY) 2004 and construction is scheduled for FY 2006. C. Cost Estimates The current estimated cost for the proposed project is $10,669,000 which includes $6,700,000 for construction and $3,969,000,for right of way acquisition. The cost included in the 2004-2010 TIP is $12,265,000, which includes $4,615,000 for right of way acquisition and $7,650,000 for construction. II. NEED FOR PROJECT 1. Traffic Volumes Without the proposed improvements, the 2006 Average Daily Traffic (ADT) along Elk Road ranges from 12,200 vehicles per day (vpd) to 13,100 vpd. For the design year (2025), the estimated traffic volume ranges from 20,500 vpd to 21,600 vpd. With the proposed improvements, 2006 volumes range from 10,800 to 13,100 vpd and 2025 volumes range from 17,000 to 21,600 vpd (see Figures 3a and 3 b). 2. Capacity A capacity analysis was performed for the proposed project to predict the level of service (LOS). Without construction of the proposed project, Elk Road will operate at LOS D in 2006 and a LOS E in 2025. Due to the proximity of signalized intersections along the facility the signalized intersections will govern the operational capacity of Elk Road with the proposed improvements. Table 1 lists the design and construction year LOS without the proposed improvements and the design year (2025) LOS with the proposed improvements. See Figures 4a-4c for proposed lane configurations. Table 1 LOS With and Without Proposed Improvements Intersections 2025 LOS with improvements 2006 LOS without improvements 2025 LOS without improvements Legion Road D C E Cameron Road/Gillespie Road D F D I-95 Business/US 301 B N/A N/A 3. Accident Analysis During the three year period from May 2000 to April 2003 there were 47 accidents reported on Elk Road. Forty percent of the accidents reported were rear end, slow, or stop type collisions. The accident rate along Elk Road for this time period was 459.40 accidents per 100 million vehicle mile (acc/100mvm). Compared to the statewide rate of 479.25 accidents per 100 million vehicle mile for urban secondary routes, Elk Road is slightly below the statewide rate. 4. Thoroughfare Plan The proposed project is classified as an urban minor arterial and is consistent with the Fayetteville Urban Area Thoroughfare Plan, which was adopted by local governments and NCDOT. See Figure 6. III. EXISTING CONDITIONS A. Existing Typical Section The existing typical section along Elk Road is a two to three lane roadway with grass shoulders. B. Existing Right of Way The existing right of way on Elk Road varies from 18.3 meters (60 feet) to 30.5 meters (100 feet). 2 C. Access Control Existing Elk Road has no control of access. D. Speed Limits The existing speed limit along Elk Road is 35 miles per hour. E. Functional Classification Elk Road is classified as an Urban Minor Arterial in the North Carolina functional classification system. F. Utilities The utility impact rating is estimated to be medium. Utilities along Elk Road include telephone, underground power, water, sanitary sewer, and fiber optic cable lines. G. Intersecting Roads and Types of Control There are four T-intersections along Elk Road that are stop sign controlled. Legion Road and Cameron Road/Gillespie Road are major "T" intersections with Elk Road. Legion Road is currently signalized. Cameron Road/Gillespie Road is stop sign controlled. H. Sidewalks There are no existing sidewalks along Elk Road. 1. School Bus Data Approximately 10 buses use Elk Road from Legion Road to Cameron Road/ Gillespie Road. Each of these buses makes approximately 2 to 4 trips per day for Southview Middle and High Schools. IV. PROPOSED IMPROVEMENTS A. Project Length The total project length is 2.4 kilometers (1.5 miles). B. Proposed Typical Section A four lane median divided facility is proposed for Elk Road from Legion Road to I-95 Business/US 301. The median width will vary from 5.3 to 6.7 meters (17.5 to 22 3 feet). Inside lanes will be 3.6 meters (12 feet) wide and outside lanes will be 4.2 meters (14 feet) wide in order to accommodate bicycles (see Figure 8). C. Proposed Alignment No changes to the alignment of Elk Road are proposed. A best fit alignment is proposed. This alignment will include widening on both sides of Elk Road. This alignment minimizes impacts and costs for the proposed project. The extension of Elk Road will be on new location. Cameron Road/Gillespie Road will be realigned approximately 114.9 meters (337 feet) west of the existing alignment. D. Right of Way A total right of way width of 33.5 meters (110 feet) plus construction easements will be required to accommodate the proposed improvements. E. Access Control The proposed improvements to Elk Road include no control of access. F. Design Speed An 80 km/h (50 mph) design speed is proposed for the project. G. Types of Intersection Control/Improvements The existing traffic signal at Legion Road will be upgraded. A new traffic signal will be installed at the proposed new intersection of Elk Road and I-95 Business/US 301 and at the intersection of Cameron/ Gillespie Road with Elk Road. All other existing intersections will be stop sign controlled. Proposed signalized intersection configurations for the project are shown on Figures 4a and 4b. Southview High School and Southview Middle School are located adjacent to each other on the south side of Elk Road near Legion Road (see Figure 2). Currently, school traffic backs up onto Elk Road in the mornings and afternoons. In order to address this problem, changes will be made to the driveways for both schools as a part of this project. Three driveways serving the schools will be closed and replaced with two new driveways. The new driveway for the high school will connect with Elk Road across from SR 3700 (Alexwood Drive). The new driveway for the middle school will connect with Elk Road across from the driveway for Southview Baptist Church. Median crossovers, left turn lanes and traffic signals will be provided at both of these new entrances. Figure 5 shows the driveway layout recommended for these schools by NCDOT's Municipal and School Transportation Assistance Group. Improvements shown on Figure 5 beyond constructing the new driveways from Elk Road to existing driveways on school property will be the responsibility of the school system. 4 H. Cost Estimates The current cost estimate for the Elk Road widening and extension is $10,669,000 which includes $3,969,000 for right of way acquisition and $6,700,000 for construction. 1. Sidewalks Sidewalks are proposed on the south side of Elk Road from Legion Road to Cameron Road/Gillespie Road. The Town of Hope Mills has committed to participate in the cost of sidewalks in accordance with NCDOT's Pedestrian Policy. J. Bicycle Accommodations The proposed 4.2 meter (14-foot) outside lanes will provide additional width to accommodate bicycles. V. ALTERNATIVES TO THE PROPOSED ACTION A. Design Alternatives Only one design alternative, the "Best Fit" alternative, was examined for this project. Within this alternative, the proposed widening has been shifted as necessary in order to minimize project impacts. Elk Road will be widened symmetrically from Legion Road to SR 3765 (Alexwood Drive). Elk Road will be widened mostly on the north side from Alexwood Drive to the Cameron Road/Gillespie Road realignment. See Figure 2. A five-lane facility was considered for the proposed Elk Road improvements. However, because of the safety and operational benefits associated with a four-lane median divided facility, the five-lane facility was not recommended. B. "No-Build" Alternative The "No-Build" alternative is not recommended. While this alternative avoids the anticipated impacts of the proposed project this alternative does not meet the purpose of the project to reduce congestion and improve safety on Elk Road and improve access to I- 95 Business/US 301 for southwest Fayetteville and Hope Mills. C. Alternate Modes of Transportation It was determined that no alternate modes of transportation would be a practical alternative to the recommended alternative. Highway transportation is the dominant mode of transportation in the project area. Staggering work hours, car pooling, and van pooling are possible ways to generally reduce highway congestion; however, these congestion management measures are not controlled by the NCDOT. These alternatives would do nothing to address the system linkage needs that will be improved by the "Build" alternative. 5 VI. ADJACENT PROJECTS Several other highway projects are proposed for this area of Fayetteville (see Figure 6). Two projects are immediately adjacent to Elk Road. TIP Project U-2809 involves the widening of Legion Road from SR 1007 (Owen Drive) to SR 1131 (Cameron Road). Right of Way acquisition and construction for this project are scheduled to begin in fiscal year 2007 and 2008, respectively. The proposed Hope Mills Bypass (TIP Project U-620) will extend from SR 1141 (Bingham Drive) to Legion Road at Elk Road. Traffic on the Hope Mills Bypass will use Elk Road to access I-95 Business/US 301. Right of way acquisition for the bypass is complete. Construction is scheduled to begin in fiscal year 2004. In addition to these two projects, five other projects are in the surrounding area: ¦ U-2304A, Cumberland Road widening from NC 59 to SR 1233 (Yale Street); Right of way acquisition is complete. Construction is underway. ¦ U-2308, NC 59 widening from south of SR 1003 (Camden Road) to US 401 (Raeford Road); Right of way acquisition is complete. Construction is underway. ¦ U-3311, Bingham Drive widening from the Hope Mills Bypass to US 401 (Raeford Road); Right of way acquisition is complete. Construction is scheduled to begin FY 04. ¦ U-3424, Bunce Road widening from US 401 (Raeford Road) to SR 1400 (Cliffdale Road); Right of way acquisition and construction are currently post year. ¦ U-3422, Camden Road widening from the Fayetteville Outer Loop to NC 59. Right of way acquisition and construction are currently post year. The proposed project is required, even with construction of these other projects. As discusses in section V. B., the "no-build" alternative is not recommended. VII. EVALUATION OF ENVIRONMENTAL EFFECTS A. Cultural Resources This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified as 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their 6 undertakings (federally funded, licensed, or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places and to afford the Advisory Council a reasonable opportunity to comment on such undertakings. 1. Historic Architectural Resources There are no properties over fifty years old within the project's area of potential effect. This project will not impact any properties eligible for or listed on the National Register of Historic Places (see concurrence letter in Appendix A). If any of the widening project is constructed on new location, the HPO is requesting a further review of the design plans. Cameron Road/Gillespie Road will be realigned on new location. NCDOT will submit the design plans to the HPO for further review. 2. Archaeological Resources There are no known archaeological sites along the proposed project; therefore the State Historic Preservation Office (HPO) did not recommend an archaeological survey. See letter from the Department of Cultural Resources dated July 2, 2001 in the appendix. If any of the widening project is constructed on new location, the HPO is requesting a further review of the design plans. Cameron Road/Gillespie Road will be realigned on new location. NCDOT will submit the design plans to the HPO for further review. B. Social/Economic Effects 1. Relocation of Homes and Businesses The proposed project will require the relocation of nine homes. None of these homes are minority-owned or occupied. The relocation program for the project will be conducted in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646), and/or the North Carolina Relocation Assistance Act (GS-133-5 through 133-18). The NCDOT relocation program is designed to provide assistance to displaced persons in relocating to a replacement site in which to live or do business. Appendix B of this document contains additional information regarding NCDOT relocation programs and includes copies of the relocation report prepared for the project. 2. Neighborhood Cohesion The project will not directly cause or encourage an influx or loss of population, or isolate people from one another. Although residential displacements may occur as a result of the proposed project, they are not expected to have a negative impact on the economic condition of the study area. 7 The study area is densely populated with residential and various institutional land uses. The project will benefit the community by providing a facility that better accommodates existing and projected future traffic. 3. Public Facilities Southview Baptist Church and Southview Presbyterian Church are located adjacent to each other along the north side of Elk Road within the study area. The widening is not expected to impact the church or its parking areas. There is a ball field located in the southeast portion of the property along the roadway. The ball field is owned by and used by the church softball league and for unorganized recreational purposes. Impacts to this ball field are expected to be low. This ball field is not a 4(f) protected property. The Radha Soami Society Beas-America is located east of I-95 Business/US 301. The Group hosts various events for its followers throughout the year. Although the Group has expressed concern for the project as a result of aligning their driveway with Elk Road, no adverse impacts to the Group or its property are expected to occur. Southview Middle School and Southview Senior High School are located adjacent to each other on the south side of Elk Road. Buses to the middle school have access via Legion Road south of the proposed project's western terminus. Access to the high school is provided via Elk Road. Both schools are separated from the existing roadway by a lightly wooded lot, which provides an approximately 91.44 meter (300-foot) buffer from the existing roadway. No impacts to recreational facilities at either school are expected to occur. 4. Environmental Justice Executive order 12898 requires that each federal agency, to the greatest extent allowed by law, administer and implement its programs, policies, and activities that affect human health or the environment so as to identify and avoid "disproportionately high and adverse" effects on minority and low-income populations. The proposed project will not place adverse impacts upon any areas having low income and/or minority populations, or split or isolate any such communities. In addition, census data and field surveys indicate that no low income or minority communities exist within the immediate vicinity of the project. This assessment has found no evidence or indication this project will disproportionately or adversely affect persons on the basis of race, color, national origin, age, sex, or disability. The proposed project is being implemented in accordance with Executive Order 12898. 5. Economic Effects The proposed improvements to Elk Road are not expected to cause any changes in the economic condition of the project study area. The project is not expected to encourage growth within the study area. Property values may increase because the proposed project will improve access to I-95 Business/US 301. However, land will be required for right-of-way, removing it from the area's tax base. C. Land Use The project study area is in a primarily residential area within Cumberland County's and Hope Mills' planning jurisdictions. Residential development encompasses the length of the study area within Cumberland County's jurisdiction. The remaining study area in Hope Mills' jurisdiction consists of institutional land uses. Cumberland County's policies on future development, land use, and growth can be found in the Cumberland County 2010 Land Use Plan. The Plan is a collaborative effort between the County and its eight municipalities, including Hope Mills. In addition, Hope Mills has a separate land use plan that was completed in 1996. The information obtained in this land use plan is incorporated into the Cumberland County 2010 Land Use Plan. Based on the general goals and objectives outlined in this Plan, the County is preparing specific small area plans. However, work on small area plans for the project area has not been initiated. The proposed improvements to Elk Road are consistent with the Fayetteville Urban Area Thoroughfare Plan, the Cumberland County 2010 Land Use Plan and the Hope Mills land use plan. The largest development planned for the area is the Worthington subdivision. According to the plat for this subdivision, there are 45 lots. Currently, there are approximately 20 houses. The widening project will not provide new access to undeveloped land. Although the project will create a new intersection with Elk Road and I-95 Business/US 301, the improvements are not expected to encourage development in the study area or cause changes in the land uses along Elk Road. D. Farmland Impacts The Farmland Protection Policy Act (FPPA) of 1981 (7 CFR 658) requires all federal agencies to consider the impact of land acquisition and construction projects on prime and important farmland soils, as designated by the United States Soil Conservation Service. Farmland soils in an urbanized area or in an area committed to urban development by the local governing body are exempt from the requirements of the FPPA. North Carolina Executive Order Number 96 requires all state agencies to consider the impact of land acquisition and construction projects on prime farmland soils, as designated by the US Natural Resources Conservation Service (MRCS). Land which is planned or zoned for urban development is not subject to the same level of preservation afforded other rural, agricultural areas. The proposed widening of Elk Road is in an urbanized area. The project lies within the jurisdiction of Cumberland County and the 9 Town of Hope Mills and is zoned for residential and office and institutional development. Therefore, no further consideration of potential impacts to farmland is required. E. Secondary/Cumulative Impacts The Council on Environmental Quality defines indirect impacts as those, "which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable" (40 CFR 1508.8). Cumulative impacts are defined as "impacts on the environment which result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or nonfederal) or person undertakes such other actions" (40 CFR 1508.8). Based on these definitions, the current land use plan for Cumberland County, and information provided by the Fayetteville Area Metropolitan Planning Organization (FAMPO) and Hope Mills' planners, it is concluded that the project will not produce measurable indirect impacts within the study area. Based on the forecast in the Cumberland County 2010 Land Use Plan, Cumberland County has no plans to further develop the study area during the next ten years. The Worthington subdivision is the largest planned development within the study area and is currently under construction. Hope Mills is experiencing growth in east, north, and northwest directions, which include the project study area. Furthermore, Hope Mills has plans within the next two years to annex the entire project area. This annexation will not alter the current land uses along Elk Road. Property values in the area surrounding the project may increase because access to I-95 Business/US 301 will be improved. Several other highway projects are proposed for this area of Fayetteville. The cumulative impacts associated with these projects include approximately 71 residential, 9 business and 2 non-profit relocations, 6.4 acres of impacted wetlands and approximately 1,700 feet of impacted streams as a result of six projects in the Fayetteville area. F. Natural Resources 1. Biotic Resources Descriptions of the terrestrial systems are presented in the context of plant communities observed. Dominant flora and fauna likely to occur in each community are described and discussed. Animals observed during field investigations are denoted with an asterisk(*). 2. Terrestrial Communities Two terrestrial communities were identified in the project study area: disturbed community and alluvial floodplain. Much of the wildlife in the project study area likely uses various communities for forage, cover, and nesting habitat. 10 a. Disturbed Community This community encompasses several types of habitats that have recently been or are currently impacted by human disturbance: maintained yard, regularly maintained roadside shoulder, and irregularly maintained roadside shoulder. Maintained yards are primarily restricted to housing and business sites located in the project study area. Dominant species located in the herbaceous layer include fescue, crabgrass, and Bermuda grass. Trees observed in this community include dogwood, privet, loblolly pine, and laurel oak. Regularly maintained roadside shoulders are land parcels in which the vegetation is kept at a low-growing, early successional stage. These areas appear to be regularly mowed and may receive frequent herbicide application. This habitat includes the majority of land along Elk Road. Species observed here include crabgrass, Bermuda grass, violet, Carolina geranium, and Virginia creeper. Irregularly maintained roadside shoulder and power line corridor receive less frequent mowing and/or herbicide application. These areas are scattered along Elk Road. Tree saplings observed here include sassafras, laurel oak, and turkey oak. Species observed in the herbaceous and vine layer include poison ivy, ragweed, and goldenrod. There are also portions of irregularly maintained roadsides which contain primarily longleaf pine. Faunal species utilizing this community may include raccoon, white-tailed deer, the least shrew, eastern harvest mouse, and hispid cotton rat eastern cottontails prefer brushy edges where they primarily feed on woody perennials. Mammals commonly occurring in forested habitats include southern short-tailed shrew, gray squirrel, and white-footed mouse. Eastern fence lizard and five-lined skink inhabitant open habitats with plenty of sunlight. The slimy salamander, spring peeper and eastern box turtle are commonly observed throughout forested habitats. b. Alluvial Floodplain This community is located along the two unnamed tributaries that cross under Elk Road. The wetland area found within this community is located to the north of Elk Road within a disturbed area in a sewer easement. Both wetland and upland habitats are present within this community type. Species observed here include giant cane, American elm, loblolly pine, water oak, and tag alder. 11 3. Aquatic Communities One aquatic community type, coastal plain perennial stream, is located in the project study area. Elk Road crosses two unnamed tributaries of Little Rockfish Creek. Both of these streams are small perennial streams. Perennial streams support an assemblage of fauna that require a constant source of flowing water, as compared to intermittent or standing water. Amphibians and reptiles commonly observed in and adjacent to medium- sized perennial streams included three- lined salamander, green frog, pickerel frog, and banded water snake. Although certain aquatic species are likely to occur within the project area, none were observed during the field investigation. 4. Anticipated Impacts to Biotic Resources Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. Estimated impacts are derived using the proposed 30.5-m (100-ft) right-of-way. Project construction does not usually require the entire impact width; therefore, actual impacts may be considerably less. Table 2. Anticipated Impacts to Biotic Communities. Community Biotic Community Impacts Disturbed 2.0 ha (5.0 ac) Alluvial Floodplain 0.4 ha (1.0 ac) Wetland Impacts <0.4ha (<1.Oac) Total 2.8 ha (7.0 ac) 5. Water Resources a. Characteristics of Water Resources Water resources located within the project study area lie in the Cape Fear River Drainage Basin, Hydrological unit number 03-06-15. Two unnamed tributaries are located within the project study area. Both tributaries flow from north to south, converging just south of the project area, before entering Little Rockfish Creek. The western most unnamed tributary is a perennial stream. Within the project study area, this stream channel is approximately 1.2 meters (4.0 feet) wide and 22.9 centimeters (9 inches) deep. The substrate is primarily silt and sand. 12 The eastern most unnamed tributary is also a perennial stream. Within the project study area, this stream channel is approximately 0.9 meters (3.0 feet) wide and 12.7 centimeters (5 inches) deep. The substrate is primarily silt and sand. b. Best Usage Classification Streams have been assigned a best usage classification by the Division of Water Quality (1997). The classification of Rockfish Creek [Index no. 03-06-15] is C. Class C uses include aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or WS-II: predominately undeveloped watersheds) nor Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mile) of the project study area. 6. Water Quality Benthic macroinvertebrates have proven to be good indicators of water quality because they are sensitive to subtle changes in water quality, have a relatively long life cycle, are nonmobile (compared to fish) and are extremely diverse. The overall species richness and presence of indicator organisms help to assess the health of streams and rivers. All basins are reassessed every five years to detect changes in water quality and to facilitate National Pollution Discharge Elimination System (NPDES) permit review. A biological sampling site is located at the NC 87 crossing of Rockfish Creek (B-21). This site received a Good rating in 1993 and an Excellent rating in June 1998. 7. Summary of Anticipated Impacts to Water Resources Construction of this project will result in impacts to water resources. The water resources located within the project study area include the unnamed tributaries and one wetland area. Land clearing and grubbing activities in the project area may result in soil erosion leading to increased sedimentation and turbidity in nearby streams. These effects may extend downstream for considerable distance with decreasing intensity. Removal of streamside vegetation will have a negative effect on water quality. The vegetation typically shades the water's surface from sunlight, thus moderating water temperature. Streambank vegetation also stabilizes streambanks and reduces sedimentation by trapping soil particles. Locally, the construction of this project will increase the amount of impervious area in the project study area. Additionally, as populations and vehicular traffic increase so does the potential for petroleum distillates and other chemical compounds to enter nearby streams. Increased amounts of toxic materials can adversely alter the water quality of any water resource, thus impacting its biological and chemical functions 13 In order to minimize impacts to water resources within the footprint of the project, NCDOT's Best Management Practices (BMPs) for the Protection of Surface Waters will be strictly enforced during the entire life of the project. 8. Jurisdictional Issues a. Waters of the United States Surface waters and jurisdictional wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Regulations (CFR) Part 328.3. Any action that proposes to place fill material into these areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344.). b. Characteristics of Wetlands and Surface Waters The two unnamed tributaries (described in Section VII-F-5-a) are considered jurisdictional surface waters. A wetland area is located adjacent to the eastern most unnamed tributary. C. Summary of Anticipated Impacts The construction of the proposed project will cross surface waters and a jurisdictional wetland. Approximately 30 linear meters (100 linear feet) of both unnamed tributaries are located within the project study area. Approximately <0.4ha (<1.0 ac) of jurisdictional wetland is located within the proposed right-of-way. Actual impacts to the wetland community may be less than reported because the entire right-of-way width is often not impacted by construction projects. The amount of wetland impacts may be modified by any changes in the roadway design. 14 d. Permits Impacts to Waters of the United States are anticipated from project construction. In accordance with provisions of Section 404 of the Clean Water Act, a permit will be required from the COE for discharge of dredge or fill material into "Waters of the United States." Due to wetland and surface water impacts, a Section 404 Nationwide 14 Permit will likely be necessary for this project. e. Avoidance, Minimization and Mitigation This project involves widening an existing roadway which crosses two streams. Avoidance of these streams is impractical. The wetland area adjacent to the easternmost stream is located on the north side.of Elk Road. The project will impact approximately 0.15 acre of wetlands. A number of homes exist on the south side of Elk Road across from this wetland. Shifting the proposed widening in order to avoid the wetland would result in relocating possibly as many as ten additional homes. Side slopes at the streams and through this wetland area will be at 2:1 in order to minimize impacts. The project's effects on waters of the United States will be further minimized by strict enforcement of sedimentation control Best Management Practices (BMP's) during the entire life of the project. All efforts will be made to minimize environmental impacts. If stream impacts exceed 150 feet mitigation may be required. If wetland impacts exceed 0.1 acre mitigation will be required. 9. Protected and Rare Species a. Federally-Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of January 29, 2003, the USFWS lists eight federally- protected species for Cumberland County (Table 3). A brief description of each species' characteristics and habitat follows. 15 Table 3. Federally Protected species for Cumberland Countv. Common Name Scientific Name Status Michaux's sumac Rhus michauxii Endangered St. Francis satyr Neonympha mitchellii francisci Endangered Red-Cockaded Woodpecker Picoides borealis Endangered Pondberry Lindera melissaifolia Endangered Rough leaved loosetrife Lysimachia asperulaefolia Endangered American chaffseed Schwalbea americana Endangered Small- whorled pogonia* Isotria medeloides Threatened American Alligator Alligator mississippiensis T (S/A) T= rttstoric tcecora- the species was Last observed in the county more than 50 years ago. Endangered = a taxon in danger of extinction throughout all of a significant portion of its range. Threatened = a taxon likely to become endangered within the foreseeable future throughout all or a significant portion of its range. T (S/A)= Threatened due to similarity of appearance = a taxon that is threatened due to similarity of appearance with other rare species and is listed for protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. This includes the American alligator. Red-Cockaded Woodpecker (Picoides borealis) Endangered The adult red-cockaded woodpecker (RCW) has plumage that is black and white horizontal stripes on its back, with white cheeks and under parts. Eggs are laid from April through June. Red-cockaded woodpeckers are found in open pine stands that are between 80 and 120 years old. Longleaf pine stands are most commonly utilized. These birds forage in pine and pine hardwood stands, with preference given to pine trees that are 10 inches (25 centimeters) or larger in diameter. The foraging range of the red cockaded woodpecker is up to 500 acres (200 hectares). The acreage must be contiguous with suitable nesting sites. The older pines favored by the red-cockaded woodpecker often suffer from a fungus called red heart disease which attacks the center of the trunk, causing the inner wood to become soft. Cavities generally take 1 to 3 years to excavate. The red-cockaded woodpecker feeds mainly on beetles, ants, roaches, caterpillars, wood-boring insects and spiders, and occasionally fruits and berries. Biological Conclusion: No Effect Suitable habitat for the red-cockaded woodpecker is not present within the project area. The disturbed communities did contain pine species; however there were no pine species greater than 60 years old and the communities were too fragmented for suitable habitat. A search of the NHP database, conducted on August 27, 2003, indicated that presence of the red-cockaded woodpecker was recorded within 1.0 mile (1.6 kilometers) of the project area. However, the red-cockaded woodpecker colony abandoned the area in 1990. It can be concluded that the project will not impact this species. 16 Saint Francis' satyr (Neonympha mitchellii franciscz) Endangered The Saint Francis' satyr is a small, dark brown butterfly with conspicuous eyespots on the lower wing surface of the fore and hind legs. The Saint Francis' satyr is known to inhabit wide, wet meadows dominated by sedges and other wetland graminoids. These wetlands are often relicts of beaver activity and are boggy areas that are acidic and ephemeral. Succession of these sites often leads to either a pocosin or swamp dominated forest. The larval host of the Saint Francis' satyr is thought to be grasses, sedges and rushes. Biological Conclusion: May Affect - Not Likely to Adversely Affect Habitat for the St. Francis' satyr in the project area is marginal. The best potential habitat within the project area is found in the section of Wetland 1 where grasses, rushes, and sedges are dominant. However this wetland does not appear to be a relict of beaver activity. Based upon an October 6, 2003 conversation with Stephen Hall, Invertebrate Zoologist with NHP, the presence of St. Francis' satyr in the project area is highly unlikely, but cannot be completely ruled out. Mr. Hall stated that the St. Francis' satyr has never been recorded outside of Fort Bragg, North Carolina. Mr. Hall stated that the best time to survey for the St. Francis' satyr is from mid-May to June. A search of the NHP database, conducted on August 27, 2003, found no occurrence of the St. Francis' satyr within 1.0 mile (1.6 kilometers) of the project area. Therefore, based upon the current information about the St. Francis' satyr, the Biological Conclusion for the project construction should be May Affect - Not Likely to Adversely Affect. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" prior to the completion of the final environmental document for this project. Small whorled pogonia (Isotria medeoloides) Threatened Small whorled pogonia is a small perennial member of the Orchidaceae. These plants arise from long slender roots with hollow stems terminating in a whorl of five or six light green leaves. The single flower is approximately one inch long, with yellowish- green to white petals and three longer green sepals. This orchid blooms in late spring from mid-May to mid-June. Populations of this plant are reported to have extended periods of dormancy and to bloom sporadically. This small spring ephemeral orchid is not observable outside of the spring growing season. When not in flower, young plants of Indian cucumber-root also resemble small whorled pogonia. Small whorled pogonia may occur in young as well as maturing forests, but typically grows in open, dry deciduous woods and areas along streams with acidic soils. It also grows in rich, mesic woods in association with white pine and rhododendron. 17 Biological Conclusion: No Effect Suitable habitat is not present in the project area for small whorled pogonia. The plant communities within the project area are severely to moderately disturbed. A search of the NHP database, conducted on August 27, 2003, found no occurrence of small whorled pogonia in the project vicinity. The species was last observed in the county more than 50 years ago. No specimens were observed during the field surveys conducted on August 28, 2003. It can be concluded that the project will not impact this endangered species. Pondberry (Lindera melissifolia) Endangered Pondberry is an aromatic, deciduous shrub with erect stems and shoots, growing as high as 6.5 feet (2 meters). It spreads vegetatively by above ground shoots (stolons). Young stems and leaves are hairy. Leaves are alternate, drooping, and oblong, with hairy edges, a pointed tip and rounded base, 2 to 4 inches (5 to 10 centimeters) long and 0.6 to 1.4 inches (1.5 to 3.5 centimeters) wide. Pondberry is characterized by the sassafras-like odor of its crushed leaves and tendency to form thickets of clonal, unbranched stems. Small, pale, and clustered flowers appear from February through April before leaf and shoot growth begins in late April. Fruiting occurs from August to September. The fruit matures in late autumn and is fleshy, oval, bright red, and about 0.25 to 0.5 inches (0.6 to 1.3 centimeters) in diameter. Pondberry prefer habitat associated with bottomland hardwood forests in inland areas, poorly drained swampy depressions, and edges of limestone sinks and ponds closer to the coast. It occurs at the edges of swamps and ponds and depressions in forest of longleaf pine and pond pine forests. It is typically found in somewhat shaded areas, but can also grow in full sun. Biological Conclusion: May Affect - Not Likely to Adversely Affect Suitable habitat for pondberry occurs in the wetland portion of the alluvial floodplain. A review of the NHP database on August 27, 2003 did not indicate any known occurrences of pondberry near the project vicinity. Buck Engineering biologists, Greg Price and George Buchholz, performed a plant-by-plant survey on August 28, 2003 by foot in all areas of the project area containing suitable habitat for a period of approximately 1 hour. Pondberry was not observed during the field surveys. Therefore, the Biological Conclusion for the construction of the proposed project is May Affect - Not Likely to Adversely Affect for the pondberry. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" prior to the completion of the final environmental document for this proj ect. 18 Rough-leaved loosestrife (Lysimachia asperulaefolia) Endangered The slender stems of this perennial herb grow from a rhizome and reach heights of 1 to 2 feet (0.3 to 0.6 meter). Whorls of 3 to 4 leaves encircle the stem at intervals beneath the showy yellow flowers. Flowering occurs from mid-May through June, with fruits present from July through October. Rough-leaved loosestrife is a species endemic to the coastal plain and sandhills of North Carolina and South Carolina. This species generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins, on moist to seasonally saturated sands, and on shallow organic soils overlaying sand. Rough-leaved loosestrife has also been found on deep peat in the low shrub community of large Carolina bays. The grass-shrub ecotone, where rough-leaved loosestrife is found, is fire-maintained, as are the adjacent plant communities (longleaf pine-scrub oak, savanna, flatwoods, and pocosin). Suppression of naturally occurring fire in these ecotones results in shrubs increasing in density and height and expanding to eliminate the open edges required by this plant. Fire suppression, drainage, and, to a lesser extent, residential and industrial development have altered and eliminated habitat for this species and continue to be the most significant threats to the species' continued existence. Biological Conclusion: No Effect Suitable habitat for rough-leaved loosestrife is not present within the project area. While longleaf pine uplands exist within the project area, no ecotones between longleaf pine uplands and pond pine pocosins are present within the project area. A search of the NHP database, conducted on August 27, 2003, found no occurrence of rough-leaved loosestrife within 1.0 mile (1.6 kilometers) of the project area. It can be concluded that the project will not impact this species. Michaux's sumac (Rhus michauxii) Endangered Michaux's sumac is a densely pubescent rhizomatus shrub that grows 0.7 to 3.3 feet (0.2 to 1.0 meter) in height. The narrowly winged or wingless rachis supports nine to thirteen sessile, oblong-lanceolate leaflets that are 1.6 to 3.6 inches (4 to 9 centimeters) long, 0.8 to 2 inches (2 to 5 centimeters) wide, acute, and acuminate. The bases of the leaves are rounded and their edges are simple or doubly serrate. Plants flower in June, producing a terminal, erect, dense cluster of four to five greenish-yellow to white flowers. This plant occurs in rocky or sandy open woods and roadsides. It is dependent on disturbance (mowing, clearing, fire) to maintain the openness of its habitat. It grows in open habitat where it can get full sunlight and is often found with other members of its 19 genus as well as with poison ivy. Michaux's sumac is endemic to the inner Coastal Plain and Piedmont physiographic provinces of North Carolina. Biological Conclusion: May Affect - Not Likely to Adversely Affect Suitable habitat for Michaux's sumac occurs within the project area. A review of the NHP database on August 27, 2003 did not indicate any known occurrences of Michaux's sumac near the project vicinity. Buck Engineering biologists, Greg Price and George Buchholz, performed a plant-by-plant survey on August 28, 2003 by foot in all areas of the project area containing suitable habitat for a period of approximately 2 hours. Michaux's sumac was not observed during the field surveys. Therefore, the Biological Conclusion for the construction of the proposed project is May Affect - Not Likely to Adversely Affect for Michaux's sumac. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" prior to the completion of the final environmental document for this project. American chaffseed (Schwalbea americana) Endangered American chaffseed is an erect perennial herb with unbranched stems (or stems branched only at the base) with large, purplish-yellow, tubular flowers that are borne singly on short stalks in the axils of the uppermost, reduced leaves (bracts). Flowering occurs from April to June in the South, and from June to mid-July in the North. Fruits mature from early summer in the South to October in the North. American chaffseed occurs in sandy (sandy peat, sandy loam), acidic, seasonally moist to dry soils. It is generally found in habitats described as open, moist pine flatwoods, fire-maintained savannas, ecotonal areas between peaty wetlands and xeric sandy soils, and other open grass-sedge systems. Chaffseed is dependent on factors such as fire, mowing, or fluctuating water tables to maintain the crucial open to partly open conditions that it requires. Historically, the species existed on savannas and pinelands throughout the coastal plain and on sandstone knobs and plains inland where frequent, naturally occurring fires maintained these sub-climax communities. Biological Conclusion: No Effect Suitable habitat, including moist pine flatwoods, fire-maintained savannas, or ecotonal areas between peaty wetlands and xeric sandy soils, for the American chaffseed is not present within the project area. A search of the NHP database, conducted on August 27, 2003, found no occurrence of American chaffseed within 1.0 mile (1.6 kilometers) of the project area. It can be concluded that the project will not impact this species. 20 a. Federal Species of Concern and State Listed Species Federal Species of Concern (FSC) are not legally protected under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Table 4 includes FSC species listed for Cumberland County and their state classifications. Organisms that are listed as Endangered (E), Threatened (T), or Special Concern (SC) on the NHP list of Rare Plant and Animal Species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. However, the level of protection given to state-listed species does not apply to NCDOT activities. 21 Table 4. Federal Species of Concern for Cumberland County Scientific Name Common Name NC Status Habitat Present Vertebrates Aimophila aestivalis Bachman's sparrow Sc Yes Heterodon simus Southern hognose snake SR (PSC) Yes Noturus sp. 1 "Broadtail" madtom SC Yes Pituophis melanoleucus melanoleucus Northern pine snake SC Yes Rana capito capito Carolina gopher frog SC (PT) No Semotilus lumbee Sandhills chub SC No Invertebrates Fusconaia masoni Atlantic pigtoe T (PE) No Lampsilis cariosa Yellow lampmussel T (PE) No Plants Amorpha georgiana var. georgiana Georgia indigo-bush E Yes Astragalus michauxii Sandhills milkvetch T Yes Danthonia epilis Bog oatgrass SR-T No Dionea muscipula Venus flytrap SC-L No Lilium pyrophilum Sandhills bog lily SR-L No Lindera subcoriacea Bog spicebush E No Litsea aestivalis Pondspice SR-T Yes Lobelia boykinii Boykin's lobelia SR-T No Ludwidgia brevipes Long beach seedbox SR-T Yes Myriophyllum laxum Loose watermilfoil T No Potamogeton confervoides Conferva pondweed SR-D No Pteroglossaspis ecristata Spiked medusa E Yes Pyxidanthera barbulata var. brevifolia Sandhills pyxie-moss E Yes Rhexia aristosa Awned meadowbeauty T No Solidago pulchra Carolina goldenrod E No Solidago verna Spring-flowering goldenrod SR-L No Stylisma pickeringii var. pickeringii Pickering's dawnflower E Yes Tofieldia glabra Carolina asphodel W1 No Xyris scabrifolia Roughleaf yellow-eyed grass SR-T No Notes: E An Endangered species is one that is in danger of extinction throughout all or a significant portion of its range. 22 PE A Proposed Endangered species is one that has been proposed to Endangered status but the status has not yet been adopted by the NC Wildlife Resource Commission and by the General Assembly as law. PSC A Proposed Special Concern species that has been proposed to Special Concern status but the status has not yet been adopted by the NC Wildlife Resource Commission and by the General Assembly as law. SC A Special Concern species is one that requires monitoring but may be taken or collected and sold under regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. SR A Significantly Rare species that is not listed as Endangered, Threatened, or Special Concern but which exists in the state in small numbers and has been determined to need monitoring. SR-D A Significantly Rare species that is disjunct to North Carolina from a main range in a different part of the country or world. SR-L A Significantly Rare species whose range is limited to North Carolina and adjacent states. SR-T A Significantly Rare species that is rare throughout its range (fewer than 100 populations). T A Threatened species is any native or once native species that is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act. W1 Rare species whose status in North Carolina is relatively well known and which appear to be relatively secure at this time. Two FSC species (sandhills milkvetch and sandhills pyxie-moss) were recorded within 1.0 mile (1.6 kilometers) of the project area based upon the NHP database as of August 27, 2003. The sandhills milkvetch population occurs just south of Elk Road midway between I-95 Business/US 301 and Legion Road, within the project area. The sandhills pyxie-moss was recorded outside of the project area. G. Flood Hazard Evaluation No major drainage structures exist along Elk Road in the project area. However, two small streams cross Elk Road. This project is located within the Cape Fear River Basin. Cumberland County is currently participating in the National Flood Insurance Program. There are no flood hazard zones affected by this project (see Figure 7). Existing drainage patterns will be maintained to the extent practicable. Erosion and sedimentation will be controlled through the specification, installation, and maintenance of standard erosion and sedimentation control methods. Groundwater resources will not be affected by the project, as the roadway is fill and existing cut. 23 H. Section 4(f) Resources There are no resources protected by.Section 4(f) of the USDOT Act of 1966, as amended. 1. Traffic Noise Analysis An analysis was performed to determine the effect the proposed project would have on noise levels in the immediate area. The assessment included an inventory of existing noise sensitive land uses and a field survey of ambient (existing) noise levels in the study area. A comparison of the predicted noise levels and the ambient noise levels was performed to determine if traffic noise impacts are likely to occur as a result of the project. Traffic noise impacts were determined by following the current procedures for the abatement of highway traffic noise and construction noise, appearing as Part 772 of Title 23 of the Code of Federal Regulations. To determine whether highway noise levels are compatible with various land uses, the Federal Highway Administration (FHWA) has developed noise abatement criteria (NAC) and procedures to be used in the planning and design of highways. These abatement criteria and procedures are in accordance with Title 23 Code of Federal Regulations Part 772. Ambient noise measurements were taken to determine existing noise levels for the identified land uses. The purpose of this noise level information was to quantify the existing acoustic environment and to provide a base line reference level for assessing the impact of future noise levels on receptors in the project area. Existing noise levels in the project area were measured at 15 meters (50 feet) from the edge of pavement and found to be 55.1 dBA. A background noise level of 45 dBA was used in areas where traffic noise was not the predominant source. The Traffic Noise Prediction Model (TNM1.1) computer model was utilized in order to determine the number of land uses (by type) which would be impacted during the peak hour of the year 2025. Traffic noise impacts occur when the predicted traffic noise levels either: [a] approach or exceed the FHWA noise abatement criteria, or [b] substantially exceed the existing noise levels. Consideration for noise abatement measures must be given to receptors in the project area when noise impacts are predicted to occur. The worst-case scenario for traffic noise is widening Elk Road to the north the entire length of the project. This will result in traffic noise impacts to 45 residential receptors. The maximum extent of the 72 and 67 dBA noise level contours are 18.3 meters (60 feet) and 25.4 meters (83.3 feet), respectively from the center of the proposed roadway. 24 Table N6 (Appendix B) indicates the exterior traffic noise level increases for the identified receptors in each roadway section. The predicted noise level increases for this project range up to 17 dBA. When real-life noises are heard, it is barely possible to detect noise level changes of 2-3 dBA. A 5 dBA change is more readily noticeable. A 10 dBA change is judged by most people as a doubling or a halving of the loudness of the sound. Forty-five (45) receptors will experience noise level increases. Traffic noise abatement alternatives for this project were considered. These alternatives included noise barriers, buffer acquisition and the "No Build"Alternative. For a noise barrier to provide sufficient noise reduction it must be high enough and long enough to shield the receptor from significant sections of the highway. No control of access is proposed for this project. Adjacent properties will have direct driveway access to the facility. Access openings in the barrier severely reduce the noise reduction provided by the barrier. It then becomes economically unreasonable to construct a barrier for a small noise reduction. Safety at access openings (driveways, crossing streets, etc.) due to restricted sight distance is also a concern. Furthermore, to provide a sufficient reduction, a barrier's length would normally be 8 times the distance from the barrier to the receptor. For example, a receptor located 15 meters (50 feet) from the barrier would normally require a barrier 120 meters (400 feet) long. An access opening of 12 meters (40 feet) (10 percent of the area) would limit its noise reduction to approximately 4 dBA. In addition, businesses, churches, and other related establishments located along a particular highway normally require accessibility and high visibility. Solid mass, attenuable measures for traffic noise abatement would tend to disallow these two qualities, and thus, would not be acceptable abatement measures in this case. The acquisition of property in order to provide buffer zones to minimize noise impacts is not considered to be a feasible noise mitigation measure for this project. The cost to acquire impacted receptors for buffer zones would exceed the abatement threshold of $25,000 per benefited receptor. The use of buffer zones to minimize impacts to future sensitive areas is not recommended because this could be accomplished through land use control. The use of vegetation for noise mitigation is not considered reasonable for this project, due to the substantial amount of right of way necessary to make vegetative barriers effective. FHWA research has shown that a vegetative barrier should be approximately 30.5 meters (100 feet) wide to provide 3 dBA reduction in noise levels. In order to provide 5 dBA reduction, substantial amounts of additional right of way would be required. The cost of acquiring the additional right of way and planting sufficient vegetation is estimated to exceed the abatement threshold of $25,000 per benefited receptor. Noise insulation was also considered; however, no public or non-profit institutions were identified that would be impacted by this project. 25 The traffic noise impacts for the "no-build" alternative were also considered. If the proposed widening did not occur, 46.receptors would experience traffic noise impacts by approaching or exceeding the FHWANAC. Also the receptors could anticipate experiencing an increase in the exterior noise levels of approximately 11 dBA. As previously noted, it is barely possible to detect noise level changes of 2-3 dBA and a 5 dBA change is more readily noticeable. The major construction elements of this project are expected to be earth removal, hauling, grading, and paving. General construction noise impacts, such as temporary speech interference for passers-by and those individuals living or working near the project, can be expected particularly from paving operations and from the earth moving equipment during grading operations. However, considering the relatively short-term nature of construction noise and the limitation of construction to daytime hours, these impacts are not expected to be substantial. The transmission loss characteristics of nearby natural elements and man-made structures are believed to be sufficient to moderate the effects of intrusive construction noise. Based on these preliminary studies, traffic noise abatement is not recommended, and no noise abatement measures are proposed. In accordance with NCDOT Traffic Noise Abatement Policy, neither NCDOT nor the FHWA will be responsible for providing noise abatement measures for new development for which building permits are issued after the date of the final environmental document for this project (Date of Public Knowledge). J. Air Quality Analysis A microscale air quality analysis was performed to determine future CO concentrations resulting from the proposed highway improvements. "CAL3QHC - A Modeling Methodology For Predicting Pollutant Concentrations Near Roadway Intersections" was used to predict the CO concentration near sensitive receptors. Carbon monoxide vehicle emission factors were calculated for the year 2005, 2010 and the Design year 2025, using the EPA publication "Mobile Source Emission Factors" and the MOBILESB mobile source emissions computer model. The background CO concentration for the project area was estimated to be 1.8 parts per million (ppm). Consultation with the Air Quality Section, Division of Environmental Management (DEM), North Carolina Department of Environment, Health and Natural Resources indicated that an ambient CO concentration of 1.8 ppm is suitable for most suburban and rural areas. The worst-case air quality scenario was determined to be in the vicinity of the intersection of SR 1363 (Elk Road) and SR 1132 (Legion Road). The predicted 1-hour average CO concentration for the evaluation build years of 2005, 2010 and 2025 are 5.40, 5.40 and 5.90 ppm, respectively. 26 Comparison of the predicted CO ,concentrations with the NAAQS (maximum permitted for 1-hour averaging period = 35 ppm; 8-hour averaging period = 9 ppm) indicates no violation of these standards. Since the results of the worst-case 1-hour CO analysis for the build scenario is less than 9 ppm, it can be concluded that the 8-hour CO level does not exceed the standard. Automobiles are regarded as sources of hydrocarbons and nitrogen oxides. Hydrocarbons and nitrogen oxides emitted from cars are carried into the atmosphere where they react with sunlight to form ozone and nitrogen dioxide. Area wide automotive emissions of HC and NO are expected to decrease in the future due to the continued installation and maintenance of pollution control devices on new cars. Hence, the ambient ozone and nitrogen dioxide levels in the atmosphere should continue to decrease as a result of the improvements on automobile emissions. The photochemical reactions that form ozone and nitrogen dioxide require several hours to occur. For this reason, the peak levels of ozone generally occur 10 to 20 kilometers (6 to 12 miles) downwind of the source of hydrocarbon emissions. Urban areas as a whole are regarded as sources of hydrocarbons, not individual streets and highways. The project is located in Cumberland County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR parts 51 and 93 are not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. During construction of the proposed project, all materials resulting from clearing and grubbing, demolition or other operations will be removed from the project, burned or otherwise disposed of by the Contractor. Any burning done will be done in accordance with applicable local laws and ordinances and regulations of the North Carolina SIP for air quality in compliance with 15 NCAC 2D.0520. Care will be taken to insure burning will be done at the greatest distance practical from dwellings and not when atmospheric conditions are such as to create a hazard to the public. Burning will be performed under constant surveillance. Also during construction, measures will be taken to reduce the dust generated by construction when the control of dust is necessary for the protection and comfort of motorists or area residents. 27 K. Hazardous Material Involvement and Underground Storage Tank Facilities Based on the field reconnaissance survey and a review of the Geographical Information System (GIS), there are no anticipated impacts to underground storage tanks (UST) and no superfund sites were identified in the project study area. The GIS shows that no regulated or unregulated landfills or dumpsites exist within the project limits. VIII. COMMENTS, COORDINATION, AND PUBLIC INVOLVEMENT On July 25, 2001, a letter was mailed to the following state and local agencies to solicit suggestions and receive environmental input concerning the proposed project (note: an asterisk indicates those agencies which responded to this letter): * US Fish and Wildlife Service * US Army Corps of Engineers US Environmental Protection Agency US Geological Survey * NC State Clearinghouse * NC Department of Environment and Natural Resources * NC Department of Cultural Resources * NC Wildlife Resources Commission NC Department of Public Instruction MID Carolina Council of Governments Mayor of Fayetteville Cumberland County Commissioners Mayor of Hope Mills A citizens informational workshop for the widening of Elk Road was held on February 5, 2002, at Hope Mills Town Hall. The purpose of the project, an approximate schedule, estimated cost, and the project's current status was conveyed to citizens at the workshop. The purpose of the workshop was to gather citizens' input prior to the design of the proposed project. Detailed information regarding possible effects on homes and businesses was not yet available. Citizens were encouraged to complete comment sheets and provide the NCDOT with their input to aid in the planning and design process. Although approximately 38 people attended the workshop, no comment sheets were received. However, a letter from the Radha Soami Society Beas-America was received by the NCDOT on February 19, 2002, in response to information received at the workshop. The Radha Soami Society Beas-America is located east of I-95 Business/ US 301. The project proposes to align Elk Road with the property's entrance. The letter expressed concern for the impacts that may occur to the property's entrance as a result of aligning the driveway with Elk Road. 28 FIGURES s 4017 ' 1 _g ?• .01 01 29 d. , \41 2316 - - 2315 (.02) BEGIN PROJECT " ad 2310 4r?nnA ??? 3622 4Q;/ I? 1 V?ur ? 1 3312 h \ ? Q 1? ? ?? eio?e?a. 9 300 3633 a'0 <'Y U 228 3636 3369 d' r \-"Y87??40» & - 3766 '? 1392 3816 J^01' 4 3901 ?\ ?3 34 / 9weisr stems \ ? 3700 ? .O6 .09 % 4000 '?? / ?' 2267 d. . 3 da .oy .brrna. \ ,4 ( $ 3767 `\ ?a j' 6US di l d FQ, ??672?' G. 3369 0 //i ?6 2269 ?I )¢ a ?+r 7383 / ! 3765- \??3 / 16 37 0?/, 2219 m g ?\ a. A 06 . ;i0 / zee 3700 EB ? Jc Wpi ScO. a ?( N 073871 tz4z C% u«an. ri. $ V 2273 a. >''nq ............ MS. \ X73 3700) .10 3Wmw 393 3921 .. ..._..m ...... .._.._ .. .._.._..... . a ?L 2323 ? 1132 2391 Oa 3763 tt4610' hs 2323 / o 2219 ( 4011 d 1 rns.h cam' 3 2392 ,b \ HOPE MILLS i ^06 a. 72d2+++ 2393 ` 0..a. 2363 ?b X4009 4a .1 0 31 944 23 / .03 4 11I 7 a. 2364 2363 .yo ^@"' I (.11I? a 'Jsi ti 399 1363 1) d .'??L d' eenlvYw ^? -`-''? ? 0706 - \ mFe 8966 a\4'5 ?S 900 0 9?M 2273 E ???, _ _ \ pwy 301 p8 +rn ,4 i/t SS 'F n 1731 Ra \?/', .63 Jr. High Ra d t"e \ Soft. \, 15 _ 113 13 '? 1130 55 9 96 ';? ' iArdulusa?.,\ °'. sv L?? ?? Ra.? 2996 ? 3.220 I -? ,/iz74 .20 1126 N N ? apt. U M ? A N say YYlii Y \ S z? m .,. ' rYmac, f1 ic0e M t / 1 Ct .s r t ens ? I SCALE: 0 MILE 0.z FIGURE 1 \?r ?? NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LEGION ROAD TO I-956US/US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 GRAPHIC BY: CHARLES S7URDIVAN7 DATE: 70106103 Y '. k?! F '??' F' 6'. ? ? -_ f r ? ? - r• - ?. ?? ?? l : ?~ . ,?. .?;?E:jt'i?;? ?,?' r, ?'?'' ' ?:: pr . .;? ?,?' 'i': ` 1M' xc ?'??-'., ?' '- ... _?A:' .:may '- 12200 17300 2006 ESTIMATED ADT WITHOUT PROJECT 2025 U-620 A MATCH LINE A 10400 L J 18500 12500 20700 500 PM 200 2600 1500 80E- 10 ? (1.1) 1100 L:3700 PM 14900 N o 1700 ?i8500 60E--10 21600 FALCONBRIDGE ROAD 00 ??N 300{' I 12500 (3.2) 900 LEGION ROAD 2600 Y 3800 LEGION ROAD 3100 5400 13100 g 21600 `q 12200 20500 1100 PM 2200 gI$? N i 1300 10 60 - 2600 (1.1) ? ?I r? AI FYIN(1(lll /1F711/F 1 1300 12200 20500 ?S o rnrn 800 PM 300 1300 60 - 10 (1.1) DUNROBIN DRIVE z 501 700 12400 20600 600 1 PM 1300 1000 10 ? 00 2100 g g? L°9 F 1100 BENT CREEK DRIVE 12500 20700 i A MATCH LINE A LEGEND PM DH V - D U.0 DHV DESIGN HOURLY VOLUME (I ) D DIRECTIONAL SPLIT (f I PM PDI PEAK PERIOD (L) DUALS TT-STS (i / INDICATES THE DIRECTION OF PEAR PLOW. REVERSE FLOW FOR AM PEAK / i? 9300 7400 15300 123 E 12600 21000 5200 V8-70-0 PM 1900 sow 10 7100 X3000 (3.2) 11700 CAMERON ROAD GILLESPIE STREET 'k NORTH CAROLINA DEPARTMENT OF TRANSPORTATION i DIVISION OF HIGHWAYS PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LEGION ROAD TO I-95BUS/US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 FIGURE 3. 12200 17300 2006 ESTIMATED ADT WITH PROJECT 2025 0-620 A MATCH LINE A 10400 18500 12500 20700 500 PM 200 2600 1100 3700 PM 14900 1500 60 ? 10 60/ (1.1) OIIO N,o FALCONBRIDGE ROAD 1700 8500 s0, 10 21600 ? " 3m E--1 12500 (3.2) 900 LEGION ROAD 2600 1 3800 LEGION ROAD 3100 QQI? g 5400 12600 1 13100 r?. 21000 i1600 ,o 1100 $ ? ? 2400 1600 L ^ 4000 ? 1 12200 T66 j 7600 1900 60F 10 3400 20500 .1 l 3000 (32) 6200 1100 X1300 PM 2200 10 60 2600 CAMERON ROAD 500 ' GILLESPIE STREET ° 1100 B00 1100 11 1300 10800 17000 1 4700 7000 12200 ? 20500 5300 y PM 21000 8501 15400 Bo-1D 20300 30200 ALEXWOOD DRIVE 21100 (3.2) 28500 B00 PM 300 1300 60<- 10 600 US 30117-95BUS US 30117-95BUS (t 1) ?$l0 3W? '` 200 orn 600 11 22400 DUNROBIN DRIVE 700 1300 2500 12400 1200 100 2000 20600 <f00 1002 0 10-56 1200 600 <100 0 (6,3) 2100 PM 1300 000 10 X80 2100 m BENT CREEK DRIVE F1 100 12500 20700 ------ ------ A MATCH LINE A LEGEND PM DHV ? D U,e) DHV DESIGN HOURLY VOLUME (f ) D DIRECTIONAL SPLIT (f ) PM PM PEAK PERIOD W) DUALS,TT-ST'5 (I ) INDICATES THE DIRECTION OF PEAK FLOW. REVERSE FLAW FOR AM PEAK i ?i TO BE DEAD-END ?0 SR 2273 0 0 0° 100 0 500 VACANTFACTORY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS / PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LEGION ROAD TO I-95BUS/'US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 FIGURE 3b LFEGION ROAD I LOS D of ELK ROAD 2 300' - - - - - - - - - - 300' ?L I r 300' -------- .r -- - U- 4 LOS B --- - --- -- FP -PP i0o' J?? r zoo -- _' 'SCI ELK ROAD MIDDLE SCHOOL ENT. Figure 2: Recommended Laneage and Storage (in feet) Elk Road and Church Entrance / Middle School Entrance 2025 Design Year FIGURE 4a' LEGION RC I I III .I o l o0 0 00 k+ 4 I 0 0 LOS D Z 300' f LEGION ROAD Figure 1: Recommended Laneage and Storage (in feet) Elk Road and Legion Road 2025 Design Year u-3a49 CHURCH ENT. LOS B o 200' 0 ti y? MIDDLE SCHOOL ENT. Figure 2: Recommended Laneage and Storage (in feet) Elk Road and Church Entrance / Middle School Entrance 2025 Design Year FIGURE 4a? ELK ROAD LOS D 300' CAMERON ROAD / GILLESPIE STREET u-3849 LOS B 11 u-3849 CAMERON ROAD / GILLESPIE STREET Figure 7: Recommended Laneage and Storage (in feet) Elk Road and Cameron Road /Gillespie Street 2025 Design Year I-95 / US 301 BUS. ELK ROAD +) I-95 / US 301 BUS. Figure 8: Recommended Laneage and Storage (in feet) Elk Road and 1-95 /US 301 Business 2025 Design Year FIGURE 4b' ------------ o 0 •£ 3xn?I? 6"2-n IDWOUd dIJ. 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Figure 3: Recommended Laneage and Storage (in feet) Elk Road and Alexwood Drive /High School Entrance 2025 Design Year FIGURE 4c i H I z O z U J ? a? az WO U U O0 U O I-- 0 z 400000 ¦¦ W m U a I K Q Z _ - ?J H C -- - --- -- - -- c, ® t? c? M U O ¢ Q 6 c a a" ?ax? wm C7 I opz z a z t ZME- W aD C) I' ?? is P, F v LT 0 00 Z U F £ a U -Zi Lt a it uZ-. a t=i U S ^ G O i F. N J? ??p i N ?1 1+ fa. z U x to O Q .. C P ~ a 4 1--1 __ C, Z ccpp vi ? m ? N F m O1 - " .- OI F. E a 2 2 G a M G U ? 'S '7 ..", 00 O t' ?H7 qqw {C" m r; •• ¢ tG O u r, h N W O O 7 O C` 1 Z p d 4 p c0 y, a -. - z y z a o0 M DO r'l O ? W ?1 CV M rl ?t ?di II /?T yJ9 Qb '-. ? ? I d; ti ' J 00 4op ..w r 1 t_y. I 2 7•? yy ?P _ y. r E ? ?? r r ??f %- ray us ? ? / ; ?'._ c'4 , / _a i.z? ,1, j t 'l?, ? !? ? Qd Q?Q??•'? y? ??,? r .o^?? - _. O? r J { 40 L- ?; h l •'9 1? 4 +b. - V Gr _ - C r d' t z r ?' F i c?6 ?o?? - .. ? ?- jam' ? _ ??i ?.?_? ?( r ?? bl ? t ?._ .m' '.? M c T7L ?? 1kw 13 v 'Otto ern 7?+, FSC? ?'l• '+ ? ? Zd J????? a 1 n , .,E.???? -7- 4", / ?, ?ALA ?, z?. h 1 ?h X00 o° r 1 e ` / 1t I z o I TIC w= V 4 4 W ? p O O c i _ _ rL ° 17 6 r ?il . ? Al? ,l r.,• W Aa 1 r' Q O •I?'? i i .?. / i!'?? '? 1 .. cr- M U ' n m L 0 ' r Q M W Q' 'o F j = (n Z d' z w ' Q :) 10 C R I o Omo ? Q? LoU? W YoC) W O o s cli - g o M© O ° 'm M Q W O a: 'm ww?a W o 0 cnzZ) OU z a _ Ur v W 1 Q z O C7 Z C? O I V I p? ? W cn co m Q I co D V N I W o w W a. - N 0 I- - o CL 0 a O 2 C9 O APPENDIX A Federal Aid #STP-1363(3) TIP # U-3849 County: Cumberland CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Project Description: SR 1363 from I-95 (BUS) to Legion Road On June 18, 2002, representatives of the North Carolina Department of Transportation (NCDOT) 2111, ? Federal Highway.Administration (FHWA) North Carolina State Historic Preservation Office (HPO) ? Other Reviewed the subject project at ? 'Scoping meeting Historic architectural resources photograph review session/consultation ? Other All parties present agreed E There are no properties over fifty years old within the project's area of potential effects. Q/ There are no properties less than fifty years old which are considered to meet Criteria Consideration G within the project's area of potential effects. ? There are properties over fifty years old within the project's Area of Potential Effects (APE), but based on the historical information available and the photographs of each property, the property identified as (List Attached) is considered not eligible for the National Register and no further evaluation of it is necessary. [There are no National Register-listed or Study Listed properties within the project's area of potential effects. ? All properties greater than 50 years of age located in the APE have been considered at this consultation, and based upon the above concurrence, all compliance for historic architecture with Section 106 of the National Historic Preservation Act and GS 121-12(a) has been completed for this project. There are no historic properties affected by this project. (Attach any notes or documents as needed Signed: Representative, NCDOT Date ?- V ) ZI)pZ FHWA, r the Division Administrator, or other Federal Agency Date Representative, HPO ate o /,/ rf /,) -? State Historic Preservation Officer J Date A-1 North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Division of Archives and History Lisbeth C. Evans, Secretary Jeffrey J. Crow, Director July 2, 2001 MEMORANDUM To: William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch From: David Brook( Deputy State Histo reservation Officer Re: Proposed Improvements to State Road 1363 (Elk Road) from State Road 1132 (Legion Road) to 1-95 Business (U.S. 301), Cumberland County, TIP Number U-3849, ER 01-9852 Thank you for your letter of May 23, 2001, concerning the above project. No archeological sites are recorded adjacent to State Road 1363 in the proposed project area. Based upon our examination of mapping available to us, it appears this is a developed area. Therefore, if this project consists of only widening the existing, we recommend no archeological survey. However, we emphasize if anv National Register listed or eligible structures are located in the project area they may include unassessed archeological components. Archeological investigation of such properties would be necessary. The survey of Cumberland County is more than 10 years old. We recommend that an architectural historian on your staff identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. If the widening project is on new location please submit plans for further review. 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 919/733-4763. DB:kgc cc: FHwA Mary Pope Furr, NCDOT Tom Padgett, NCDOT Location Mailing Address Telephone/Fax Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center. Raleigh 27699-4617 (919) 733-4763 9733-8653 Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center. Raleigh 27699-4613 (919) 733-6547.715-4801 Survey & Planning 515 N. Blount St. Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 (919) 733-4763 •715-4801 A-2 North Carolina Department of Cultural Resources State Historic Preservation Office _ David L. S. Brook, Administrator Michael F. Easley, Governor Dtv Jives and History Lisbeth C. Evans, Secretary lv- Mirector September 4, 2001 MEMORANDUM . SEP 6 2001 to .? To: William D. Gilmore, P.E., Manager o DwtsM OF Project Development and Environmental Analysis Branch C` HI?iWA vs ?fy-"{?,,?`t?r2, ANPL?S I A N From: David Brook `- Deputy State Historic Preservation Officer Re: Proposed Improvements to SR 1363 (Elk Road) from SR 1132 (Legion Road) to I-95 Business (U.S. 301), Cumberland Countv, TIP Number U-3849, ER 01-9852 We have received information concerning the above project from the State Clearinghouse. We have conducted a search of our files and are aware of no structures of historical or architectural importance located Rrithin the planning area. However, since a survey has not been conducted in over a decade, there may be structures of which we are unaware located within the planning area. No archeological sites are recorded adjacent to SR 1363 in the proposed project area. Based upon our examination of mapping available to us, it appears this is a developed area. Therefore, if this project consists of widening the existing only, we recommend no archeological survey. If the widening project is on new location please submit plans for further review. 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-Earlev, Environmental Review Coordinator, at 919/733-4763. DB:kgc cc: SCH Location Mailing Address Telephone/Fax Administration 507 N. Blount St, Raleigh. NC 4617 Mail Service Center, Raleigh 27699-4617 (919) 733-4763 •733-8653 Restoration 515 N. Blount St. Raleigh. NC 4613 Mail Service Center, Raleigh 27699-4613 (919) 733-6547 9715-4801 Survey & Planning 515 N. Blount St. Raleigh. NC 4618 Mail Service Center. Raleigh 27699-4618 (919) 733-4763 •715-4801 A-3 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director September 6, 2001 MEMORANDUM To: Melba McGee Through: John Dome From: John E. Hennessy.. 4 Subject: Scoping comments on proposed widening and extension of SR 1363 (Elk Road) from SR 1132 (Legion Road) to I-95 BusinesslUS 301 in Cumberland County, Federal Aid Project No. STP- 1363(3), State Project No. 8.2443601, TIP U-3849, DEAR No. 02E-0059. Reference your correspondence dated July 20, 2001 in which you requested comments for the referenced project. Preliminary analysis of the project reveals the potential for multiple impacts to perennial streams and jurisdictional wetlands in the project area. More specifically, impacts to tributaries of the Little Rockfish Creek (Class C waters, DWQ index No. 18-31-24-(7)) located in the Cape Fear River Basin is possible. Further investigations at a higher resolution should be undertaken to verify the presence of other streams and/or jurisdictional wetlands in the area. In the event that any jurisdictional areas are identified, the Division of Water Quality requests that NCDOT consider the following environmental issues for the proposed project: A. The document should provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping. B. There should be a discussion on mitigation plans for unavoidable impacts. If mitigation is required, it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental documentation. While the NCDWQ realizes that this may not always be practical, it should be noted that for projects requiring mitigation, appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. C. Review of the project reveals that no Outstanding Resource Waters, Water Supply Water, High Quality Waters, or Trout Waters will be impacted during the project implementation. However, should further analysis reveal the presence of any of the aforementioned waters, the DWQ requests that DOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction of the project. This would apply for any area that drains to streams having WS (Water Supply), ORW (Outstanding Resource Water), HQW (High Quality Water), SA (Shellfish Water) or Tr (Trout Water) classifications. 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper A-4 Mr. William D. Gilmore memo 09/06/01 Page 2 D. When practical, the DWQ requests that bridges be replaced on the existing location with road closure. If a detour proves necessary, remediation measures in accordance with the NCDWQ requirements for General 401 Certification.2726/Nationwide Permit No. 33 (Temporary Construction, Access and Dewatering) must be followed. E. Review of the project reveals that no High Quality Waters or Water Supply Waters will be impacted by the project. However, should further analysis reveal the presence of any of the aforementioned water resources, the DWQ requests that hazardous spill catch basins be installed at any bridge crossing a stream classified as HQW or WS (Water Supply). The number of catch basins installed should be determined by the design of the bridge, so that runoff would enter said basin(s) rather than flowing directly into the stream. F. If applicable, DOT should not install the bridge bents in the creek, to the maximum extent practicable. G. Wetland and stream impacts should be avoided (including sediment and erosion control structures/measures) to the maximum extent practical. If this is not possible, alternatives that minimize wetland impacts should be chosen. Mitigation for unavoidable impacts will be required by DWQ for impacts to wetlands in excess of one acre and/or to streams in excess of 150 linear feet. H. Borrow/waste areas should not be located in wetlands. It is likely that compensatory mitigation will be required if wetlands are impacted by waste or borrow. I. DWQ prefers replacement of bridges with bridges. However, if the new structure is to be a culvert, it should be countersunk to allow unimpeded fish and other aquatic organisms passage through the crossing. J. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is approved under General 401 Certification Number 3027/Nationwide Permit No. 6 for Survey Activities. K. In accordance with the NCDWQ Wetlands Rules { 15A NCAC 2H.0506(b)(6) }, mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation becomes required, the mitigation plan should be designed to replace appropriate lost functions and values. In accordance with the NCDWQ Wetlands Rules { 15A NCAC 2H.0506 (h)(3) ), the Wetland Restoration Program may be available for use as stream mitigation. L. Sediment and erosion control measures should not be placed in wetlands. M. The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management. More specifically, stormwater should not be permitted to discharge directly into the creek. Instead, stormwater should be designed to drain to a properly designed stormwater detention facility/apparatus. N. While the use of National Wetland Inventory (NWI) maps and soil surveys is a useful office tool, their inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. A-5 Mr. William D. Gilmore memo 09/06/01 Page 3 Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact John Hennessy at (919) 733-5694. . cc: Dave Timpy, Corps of Engineers Wilmington Field Office Tom McCartney, USFWS David Cox,'NCWRC Personal Files Central Files C:\ncdot\TIP U-3849\comments\TIP U-3849 scoping comments.doc A-6 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 4, 2001 Mr. William D. Gilmore, P.E., Manager SLP Ln c: NCDOT Project Development and Environmental Analysis Branch ?.? 1548 Mail Service Center •- Raleivh, North Carolina 27699-1548 Dear Mr. Gilmore: Thank you for your letter of July 25, 2001 requesting information from the U.S. Fish and Wildlife Service (Service) for the purpose of evaluating the potential environmental impacts of the proposed widening and extension of SR 1363 (Elk Road) from SR 1132 (Legion Road) to SR 1131 (Cameron Road)/SR 1242 (Gillespie Road) to I-95 Business/US 301, Cumberland County, North Carolina (TIP No. U-3849). This report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661- 667d) and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531- 1543). This report also serves as initial scoping comments to federal and state resource agencies for use in their permitting and/or certification processes for this project. The North Carolina Department of Transportation (NCDOT) proposes to widen SR 1363 to a four-lane, median divided facility with curb and gutter on a 100-foot right-of way. The project is approximately 1.5 miles in length. Generally, the Service recommends that wetland impacts be avoided and minimized to the maximum extent practical as outlined in Section 404 (b)(1) of the Clean Water Act Amendments of 1977. In regard to avoidance and minimization of impacts, we recommend that proposed highway projects be aligned along or adjacent to existing roadways, utility corridors, or previously developed areas in order to minimize habitat fragmentation and encroachment. Areas exhibiting high biodiversity or ecological value important to the watershed and region should be avoided. Crossings of streams and associated wetland systems should use existing crossings and/or occur on a structure wherever feasible. Where bridging is not feasible, culvert structures that maintain natural water flows and hydraulic regimes without scouring, or impeding fish and wildlife passage, should be employed. Highway shoulder and median widths should be reduced through wetland areas. Roadway embankments and fill areas should be stabilized by using appropriate erosion control devices and techniques. Wherever appropriate, construction in sensitive areas should occur outside fish spawning and migratory bird nesting seasons. A-7 'he National Wetlands Inventory (NWI) map of the Hope Mills 7.5 Minute Quadrangle indicates sere may be wetland or stream resources in the specific work area. However, while the NWI .laps are useful for providing an overview of a given area, they should not be relied upon in lieu f a detailed wetland delineation by trained personnel using an acceptable wetland classification zethodology. Ve reserve the right to review any federal permits that may be required for this project, at the ,ublic notice stage. Therefore, it is important that resource agency coordination occur early in -le planning process in order to resolve any conflicts that may arise and minimize delays in roject implementation. n addition to the above guidance, we recommend that the environmental documentation for this roject include the following in sufficient detail to facilitate a thorough review of the action: A clearly defined and detailed purpose and need for the proposed project, supported by tabular data, if available, and including a discussion of the project's independent utility; A description of the proposed action with an analysis of all alternatives being considered, including the upgrading of existing roads and a "no action" alternative; A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NWI). Wetland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers (Corps); The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. The assessment should also include the extent to which the proposed project would result in secondary impacts to natural resources, and how this and similar projects contribute to cumulative adverse effects; Design features and construction techniques which would be employed to avoid or minimize the fragmentation or direct loss of wildlife habitat value; Design features, construction techniques, or any other mitigation measures which would be employed at wetland crossings and stream channel relocations to avoid or minimize impacts to waters of the United States;'and, A-8 8. If unavoidable wetland impacts are proposed, we recommend that every effort be made to identify compensatory mitigation sites in advance. Project planning should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to protect mitigation areas in perpetuity, preferably via conservation easement, should be explored at the outset. The enclosed list identifies the federally-listed endangered and threatened species, and Federal Species of Concern (FSC) that are known to occur in Cumberland County. The Service recommends that habitat requirements for these federally-listed species be compared with the available habitat at the project site. If suitable habitat is present within the action area of the project, biological surveys for the listed species should be conducted. Environmental documentation should include survey methodologies and results. FSC's are those plant and animal species for which the Service remains concerned, but further biological research and field study are needed to resolve the conservation status of these taxa. Although FSC's receive no statutory protection under the ESA, we would encourage the NCDOT to be alert to their potential presence, and to make every reasonable effort to conserve them if found. The North Carolina Natural Heritage Program should be contacted for information on species under state protection. The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding these comments, please contact Tom McCartney at 919-856-4520, Ext. 32. Sincerely, Dr. Garland B. Pardue Ecological Services Supervisor Enclosure cc: COE, Wilmington, NC (David Timpy) NCDWQ, Raleigh, NC (John Hennessy) NCDNR, Creedmoor, NC (David Cox) EPA, Atlanta, GA (Ted Bisterfeld) FWS/R4:TMcCartney:TM:09/04/01:919/856-4520 extension 32:\U-3849.tip A-9 COMINION NAME SCIENTIFIC NAME STATUS CUMBERLAND COUNTY Vertebrates Bachman's sparrow Aimophila aestivalis FSC American alligator Alligator mississippiensis T(S/A) Southern hognose snake Heterodon simus FSC* Red-cockaded woodpecker Picoides borealis Endangered Northern pine snake Pituophis melanoleucus melanoleucus FSC** Invertebrates Atlantic pigtoe Fusconaia masoni FSC Yellow lampmussel Lampsilis cariosa FSC Saint Francis' satyr Neonympha mitchellii francisci Endangered Vascular Plants Georgia indigo-bush (=Georgia Amorpha georgiana var. georgiana FSC leadplant) Sandhills milkvetch Astragalus michauzii FSC Venus flytrap Dionea muscipula FSC Resinous boneset Eupatorium resinosum FSC Small-whorled pogonia Isotria medeoloides Threatened* White wicky Kalmia cuneata FSC Sandhills bog lily Lilium iridollae FSC Pondberry (=Southern spicebush) Lindera melissifolia Endangered Bog spicebush Lindera subcoriacea FSC Pondspice Litsea aestivalis FSC Boykin's lobelia Lobelia boykinii FSC Rough-leaved loosestrife Lysimachia asperctlaefolia Endangered Loose watermilfoil ;l?fyriophvllum la-rum FSC Savanna cowbane Oxvpolis ternata FSC Carolina grass-of-parnassus Parnassia caroliniana FSC Wavyleaf wild quinine Parthenium radfordii FSC Conferva pondweed Potamogeton confervoides FSC Spiked medusa Pteroglossaspis ecristata FSC Sandhills pyxie-moss Pyxidanthera barbulata var. brevistyla FSC Awned meadowbeauty Rhexia aristosa FSC Michaux's sumac Rhus michauzii Endaneered American chaffseed Schwalbea americana Endangered Carolina goldenrod Solidago pulchra FSC Spring-flowering goldenrod Solidago verna FSC Pickering's dawnflower Stylisma pickeringii var. pickeringii FSC Carolina asphodel Tofieldia glabra FSC Roughleaf yellow-eyed grass Xyris scabrifolia FSC Januarv 15, 1999 A_ 10 Page 15 of 4", DEPARTMENT OF ENVIRONMENT AND Project Number NATURAL RESOURCES D? E_ o DIVISION OF ENVIRONMENTAL HEALTH County Inter-Agency Project Review Response Project Name .,e//L Type of Project _ ?'?,•,S ? The applicant should be advised that plans and specifications or all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C .0300et. seq.). For information, contact the Public Water Supply Section, (919) 733-2321. ? This project will be classified as a non-community public water supply and must comply with state and federal drinking water monitoring requirements. For more information the applicant should contact the Public Water Supply Section, (919) 733-2321. ? If this project is constructed as proposed, we will recommend closure of feet of adjacent waters to the harvest of shellfish. For information regarding the shellfish sanitation program, the applicant should contact the Shellfish Sanitation Section at (252) 726-6827. ? The soil disposal area(s) proposed for this project may produce a mosquito breeding problem. For information concerning appropriate mosquito control measures, the applicant should contact the Public Health Pest Management Section at (252) 726-8970. ? The applicant should be advised that prior to the removal or demolition of dilapidated structures, a extensive rodent control program may be necessary in order to prevent the migration of the rodents to adjacent areas. For information concerning rodent control, contact the local health department or the Public Health Pest Management Section at (919) 733-6407. ? The applicant should be advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et. sep.). For information concerning septic tank and other on-site waste disposal methods, contact the On-Site Wastewater Section at (919) 733-2895. ? The applicant should be advised to contact the local health department regarding the sanitary facilities required for this project. If existing water lines will be relocated during the construction, plans for the water line relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North Carolina 27699-1634, (919) 733-2321. ( For Regional and Central Office comments, see the reverse side of this form. 2 et Reviewer ectio iBranch Date A-11 1\JI VIVILI V 1 !'11VU NATURAL RESOURCES Project Number has DIVISION OF ENVIRONMENTAL HEALTH County w Inter-Agency Project Review Response Project Name "ct /7) Comments provided by: ? Regional Program Person 71 /AUG E'J' 2001 Regional Engineer for Public Water Supply' ?&1ion o{ ? Central office program person Name: n ?y Date: Telephone number: Program within Division of Environmental Health: ? Public Water Supply ? Other, Name of Program: ZN se (check all applicable): objection to project as proposed ? No comment ? Insufficient information to complete review ? Comments attached ? See comments below A-12 Return to: Public Water Supply Section Environmental Review Coordinator for the Division of Environmental Health +??r?-. ? Mate of Norm l.arollna - --- > ?_ HCOS Department of Environment and Natural Resources Project Number: C `???q Due Date: G INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS After review of this project it has been determined that the DENR permit(s) and/or approvals indicated may need to be obtained in order f to comply with North Carolina Law. Questions regarding these permits should be addressed.to the Regional Office indicated on the revers All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Norrr (Statr Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction facilities, sewer system extensions & sewer systems contracts. On-site inspection. Post-application technical conference usual. not discharging into state surface waters. NPOES-permit to discharge into surface water and/or Application 180 days before begin activity. On-site inspection preapplication permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater treatment 9 discharging into state surface waters. facility-granted after NPDES. Reply time, 30 days after receipt of plans or issue of NPDES permit-whichever is later. Water Use Permit Preapplication technical conference usually necessary Well Construction Permit Complete application must be received and permit issued prior to the installation of a well. Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. On-site inspection. Preappiication conference usual. Filling may require Easement to Fill from N.C. Department of Administration and Federal Dredge and Fill Permit. Permit to construct & operate Air Pollution Abatement facilities and/or Emission Sources as per 15 A NCAC N/A (2Q.0100, 2Q.0300, 2H.0600) Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D.1900 Demolition or renovations of structures containing asbestos material must be in compliance with 15 A NCAC 2D.1110 (a) (1) which requires notification N/A and removal prior to demolition. Contact Asbestos Control Group 919-733-0820. Complex Source Permit required under 15 A NCAC 2D.o800 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation control plan will be required if one or more acres to be disturbed. Plan filed with proper Regional Office (Land Quality Secticn)-at-Fee _ -49sre beginning activity. A4ee c' Q^ r .h f t arrP nr a - The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referenced Local Ordinance. Mining Permit On-site inspection usual. Surety bond filed with DENR. Bond amount varies with type mine and number of acres of affected land. Any are mined greater than one acre must be permitted. The appropriate bond must be received before the permit can be issued. North Carolina Burning permit On-site inspection by N.C. Division of Forest Resources if permit exceeds 4 days Special Ground Clearance Burning Permit-22 counties On-site inspection by N.C.Division of Forest Resources required "if more than five d in coastal N.C.. with organic soils. acres of ground clearing activities are involved. Inspections should be requeste at least ten days before actual burn is planned." Oil Refining Facilities N/A Dam Safety Permit If permit required, application 60 days before begin construction. Applicant must hire N.C. qualified engineer to: prepare plans, inspect construction, certify construction is according to DENR approved plans. May also require permit under mosquito control program, and a 404 permit from Corps of Engineers. An inspection of site is necessary to verify Hazard Classification. A minimum fee of $200.00 must accompany the application. An additional processing fee based on a percentage or the total project cost will be required upon completion. A-13 PERMITS Q1 Permit to drill exploratory oil or gas well Ell Geophysical Exploration Permit Q1 State Lakes Construction Permit I 401 Water Quality Certification 131 CAMA Permit for MAJOR development I CAMA Permit for MINOR development SPECIAL APPLICATION PROCEDURES or REQUIREMENTS -'? Normal Prcce: Time (Statutory Time Limit) I File surety bond of $5,000 with DENR running to State of N.C. conditional that any well opened by drill operator shall, upon abandonment, be plugged according _ to DENR rules and regulations. Application filed with DENR at least 10 days prior to issue of permit. Application by letter. No standard application form. Application fees based on structure size is charged. Must include descriptions & drawings of structure & proof of ownership of riparian property. N/A $250.00 fee must accompany application $50.00 fee must accompany application F1 I Several geodetic monuments are located in or near the project area. If any monument needs to be moved or destroyed, please notify: N.C. Geodetic Survey, Box 27687 Raleigh, N.C.27611 I Abandonment of any wells, if required must be in accordance with Title 15A. Subchapter 2C.0100. 1 Notification of the proper regional office is requested if "orphan" underground storage tanks (LISTS) are discovered during any excavation operation. Z11 Compliance with 15A NCAC 2H 1000 (Coastal Stormwater Rules) is required. * I Other comments (attach additional pages as necessary, being certain to cite comment authority) REGIONAL OFFICES 10 days (N/A) 10 days (N/A) 15 - 20 days (N/A) 55 days 030 days) 60 days (130 days) 22 days (25 days) 45 days (N/A) Questions regarding these permits should be addressed to the Regional Office marked below. ? Asheville Regional office ? Mooresville Regional Office ? Wilmington Regional Office 59 Woodfin Place 919 North Main Street 127 Cardinal Drive Extension Asheville, N.C.28801 Mooresville, N.C.28115 Wilmington, N.C.28405 (828) 251-6208 (704) 663-1699 (910) 395-3900 ? Fayetteville Regional Office ? Raleigh Regional Office ? Winston-Salem Regional Office 225 Green Street, Suite 714 3800 Barrett Drive, P.O. Box 27687 585 Waughtown Street Fayetteville, N.C.28301 Raleigh, N.C.27611 Winston-Salem, N.C.27107 (910) 486-1541 (919) 571-4700 (336) 771-4600 ? Washington Regional Office 943 Washington Square Mall Washington, N.C.27889 (252) 946-6481 a A-14 North Carolina Wildlife Resources Commission Charles R Full wood, Executive Director MEMORANDUM TO: Melba McGee Office of Legislative and. Intergovernmental Affairs, DENR FROM: David Cox, Highway Project C r Habitat Conservation Program DATE: September 28, 2041 SUBJECT: Request for information from the N. C. Department of Transportation (NCDOT) regarding fish and wildlife concerns for SR 1363 (Elk Road) widening and extension, from SR 1132 (Legion Road) to T-95 Business/US 301, Cumberland County, North Carolina. TIP No. U-3849, SCll Project No. 02-E-0059. This memorandum responds to a request from Mr. William D. Gilmore of the NCDOT for our concerns regarding impacts on fish and wildlife resources resulting from the subject project. Biologists on the staff of the N. C. Wildlife Resources Commission (NCWRC) have revicw4d th4 proposed improvements. Our comments are provided in accordance with certain provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S-C• 661-6674). We have no specific concern8 regarding this project. However, to help facilitate document preparation and the review process, Our general informational needs are outlined below: 1. Description of fishery and wildlife resources within the project area, including a listing of federally or state designated threatened, endangered, or special concern species. Potential borrow areas to be used for proiw construction should be included in the inventories. A listing of designated plant species can be developed through consultation with; The Natural Heritage Program N. C. Division of Parks and Recreation 1615 Mail Service Center Raleigh, N. C. 27699-1615 (919) 733-7795 Mailing Address: Division of Inland Fisheries • 1_721 Mail Service Cenccr - Raleigh, NC 2 7699-1 72 1 Tclephonc: (919) 733-3633 c A-15 Pax: (919) 715-7643 Memo 2 September 28, 2001 and, NCDA Plant Conservation Program P. 0. Box 27647 Raleigh, N. C. 27611 (919) 733-3610 2. Description of any streams or wetlands affected by the project. The need for channelizing or relocating portions of streams crossed and the extent of such activities. 3. (Aver type maps showing wetland acreages impacted by the project. Wetland acreages should include all project-related areas that may undergo hydrologic change as it moult of ditching, other drainage, or fi l ling for project construction. Wetland identification may be accomplished through coordination with the U. S.. Army Corps of Engineers (COE). If the COE is not consulted, the person delineating wetlands should be identified and criteria listed. 4. Covcr type maps showing acreages of upland wildlife habitat impacted by the proposed project. Potential borrow sites should be included. 5. The extent to which the project will result in loss, degradation, or fragmentation of wil ifc habitat (wetlands or uplands). 6. Mitigation for avoiding, minimizing or compensating for direct and indirect degradation in habitat quality as well as quantitative losses. 7. A cumulative impact assessment section which mlyzes the environmental effects of highway const=tion and quantifies the contribution of this individual project to environmental degradation. 8. A discussion of the probable impacts on natural resources which will result from secondary development facilitated by the improved road access. 9. 1f construction of this facility is to be coordinated with other state, municipal, or pri vate development projects, a description of these projects should be included in the environmentaI document, and all project sponsors should be identified, Thank you i`or the opportunity to provide input in the early planning stages for this project. If we can further assist your office, please contact me at (919) 528-9886. cc: USFWS, Raleigh A-16 yN P ,rte North Carolina Department of . Administration Michael F. Easley, Governor September 6, 2001 Gwynn T. Swinson, Secretary Mr. William Gilmore N.C. Dept. of Transportation Project Dev. & Env. Analysis Branch Transportation Bldg. - 1548 MSC Raleigh, NC 27699-1548 Dear Mr. Gilmore: fytG?->E i I'll, J ocs ? 2?r? T t? Re: SCH File' 02-E-4220-0059; Scoping Proposed Improvements to SR 1363 (Elk Road) in Cumberland Co.; TIP' U-3849 The above referenced project has been reviewed through the State Clearinghouse Interaovernmental_ Review Process. Attached to this letter are comments made by agencies reviewing this document. Should you have any questions, please do not hesitate to call me at (919) 807-2425. Attachments cc: Region M Sincerely, Ms. Chrys Baggett Environmental Policy Act Coordinator 116 West Jones Street Raleigh, North Carolina 27603-8003 Telephone 919-807-2425 A. Equal Opportunity / Affirmative Action Employer A-17 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 .l IN REPLY REFER TO June 22, 2001 Regulatory Division Subject: Action ID No. 200100862 5 Mr..William D. Gilmore, P.E., Manager North Carolina Department of Transportation Project Development & Environmental Analysis 1548 Mail Service Center Raleigh, N.C. 27699-1548 Dear Mr. Gilmore: I am responding to your Memorandum to David Timpy.dated May 23, 2001 requesting scoping comments on TIP Project U-3849, SR 1363 (Elk Road), from SR 1132 (Legion Road) to I- 95 Business (US 301), Cumberland County, North Carolina. A site visit was conducted on June 14, 2001 to identify and determine the extent of jurisdictional areas and to become acquainted with the proposed project. As a result of the site visit, jurisdictional areas as defined at 33 CFR 328.3(a) were identified at the proposed project site. Therefore, Department of the Army (DA) permit authorization pursuant to Section 404 of the Clean Water Act of 1977, as amended, will be required for the discharge of dredged, excavated or fill material into waters of the United States, including wetlands associated with this project. Based on the information provided in the reference memorandum and the site visit, it appears that the proposed project will involve the crossing of two un-named tributaries to Little Rockfish Creek. The extent of these jurisdictional areas should be delineated in the field and identified in the project planning report (Environmental Assessment). An assessment of the proposed impacts from this project should contain the amount of both permanent and temporary impacts to surface waters and wetlands and should indicate quantities by type (e.g. wetland verses stream). If concrete structures are a component of this project, methods must be employed to avoid any contact of "live" concrete with surface waters and all instream construction should be conducted in the "dry" by use of stream diversion methods. If temporary stream di'version's are to be utilized, a plan and description should be provided showing the proposed structure and method of diversion. A restoration plan will be required showing how the diversion area will be returned to pre-construction conditions following the completion of the project. If restoration involves revegatation of the disturbed area, the plan should include a planting scheme using only endemic vegetation The type of authorization and any specific permit requirements will depend on the crossing design, extent of the fill work within jurisdictional areas, construction methods and other public interest and environmental factors. Based on the site visit, project description in the above A-18 a referenced memorandum and the apparent level of aquatic resource impacts associated with the proposed project, coordination pursuant to the integrated NEPA/Section 404 merger agreement does not appear to be warranted. We appreciate this opportunity to provide you with our scoping comments. Should you have any questions or wish to discuss our comments further, please call Mr. Richard K. Spencer at the Wilmington Field Office at 910-251-4172. Sincerely, E. David Franklin Chief, NCDOT Team Copies Furnished: Ms. Beverly Robinson.? NC Department of Transportation Project Development & Environmental Analysis 1548 Mail Service Center Raleigh, N.C. 27699-1548 Mr. Garland Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr..David Cox North Carolina Wildlife Resources Commission Habitat Conservation Program 1142 1-85 Service Road Creedmoor, North Carolina 27564 Mr. John Dorney NCDENR-DWQ Wetlands Section 1650 Mail Service Center Raleigh, NC 27699-1621 p'_19 APPENDIX B 11/03/2003 16:42 910-486-1077 NC DOT R/W DIV 6 PAGE 02/02 R LOCATION REPORT North arolina Department of Transportation « ARE4 RELOCATION OFFICE E.I.S. CORRIDOR DESIGN PROJECT: 8.2443601 COUNTY Cumberland Ahemate ' 1 of 1 Alte_mate Lo: n'O.: U-3849 F.A. PROJECT STP-1363 3 - DESCRIPTION OF PROJECT: Secondary Road 1363 (Elk Road) from S R 1132 egion Road to I-95. Business/ US 301 .?., ..:. :.::€:.:: •?:.. ; . ?, .. .15TI?YtATELY i) P ...:.. .. .., .... 1 s :. ? . .,.. I Si is ,,I:.. ?. ... y:::: . i ..... ?., ,....Ilf . .I I . . ? ...... . , . . .. ... i . i? %EC?s1! :.•. .• i :? 'ri?YC.i'?CYllii.:.. ,.'.:a • ?.. .. _ i Type of [Asplacees Owners Tenants Total Minorities 0-15M 15-25M 25-35M 35-50M 50 UP Residential 8 1 9 5 1 9 ---"---- Businesses 0 p 0 0 6F i11MYEW:ING: i ?. ; : ; •. ' f,:;:.; .. C ? L?Nf?L ; 1:IWi3ilfiu ?A,? ' i < Farms 0 0 0 0 Owners Tenafrt s' . , ,: , :. 'i ... ',E jt? "Fox Sale For Rent Non-Profit 0 0 0 0 0-20m 1 so-ISO axorn _MN 2p' $ 0-150 0 lhi<!: s:i. '.:°:,,;: '; it:: :,..:`!:: ': SNBYYERALLt?UE$rfbligi :€ii•. ""`';> -::::.'':".' "s 20410m ISO-2so 20.4ow? 100 1.54-2W 20 Yes No aln alt "YES' answers. 40-70M 250.400 40-70&1 B00 zoo 40 X 1. Will special relocation services be necessary? 70-t00a 1 40"00 70.70QM 900 40W0 200 '.X. 2- Will schools or churches be affect by ' 100 ur 7 600 ur 100 uF _ 800 , 6DO UP 250' displacement? TOTAL 9" 11 . 1 .;:i h: 2,420 510 X 3. Will business services still be available after °il .09 A 4 0 ( e"' 6jf:NU rntser I Ij ' h'„I';. [ project? . . 20 M ft.- 'Note Th 0 + : ?+.-.w.rrd+:JYr : e - 111" 11 (value) Is au ancloned 3. No Buslnesit a ected I . 4. Will any business be displaoW7 If so, 6 8, 14. MLS, Local Ft ' hors, Newspapers, etc. 41 ?i indicate size, type, estimated number of $. As mandated I Law i? employees, minorities, eta 9. Number Unk n X 1 5. WIII relocation cause a housing shortage? 11. Cumberiarnd C unty 2. 1 0. Source for available housing (list). 12, Or Built if ne: sarv X 7. WIII additional housing programs be needed? X 8. Should Last Resort Housing be considered? X 8. Are there large, disabled, elderly, etc. I? Ili II Ii. ` families? X 10, Will public housing be needed' for project? X 11. Is public housing available? X 12. Is it felt there will be adequate DSS housing housing available during relocation period? X 13. Will there be a problem of housing within financial means? X 14. Are suitable business sites available (list l I . , Lc"lilt}} 1 F source): -- • - 111 jj ?? ro f'rfl 3iulp 11;1 il ?;j?E3il1 ii I - ,? 5 Number months estimated to complete M i`C II. k I'u? ? 1 PELOCATION? 18-24 Months i ' R. butt, Jill.. DM Forth 115.4 Revisa.'. 0 5Ass d ?l m ?t?r HS O ?.w p:mod Date 9hal & 1 Copy. S: ate Revocation Agent. 2 Copy R ght of'Wsy Office B-1 All property acquisitions are subject to the Uniform Relocation and Real Property Acquisitions Policies Act of 1970, as amended. This Act provides for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by Federal and federally-assisted programs, and establishes uniform and equitable land acquisitions policies. Relocation assistance payments and counseling will be provided to persons and businesses in accordance with the Federal Uniform Relocation Assistance and Real Properties Acquisitions Policies Act, as Amended, to ensure adequate relocation and a decent, safe, and sanitary home for displaced residents. All eligible displacees will be entitled to moving expenses. All benefits and services will be provided equitably to all residential and business relocatees without regard to race, color, religion, age, national origins and disability as specified under Title VI of the Civil Rights Act of 1964. When relocation is necessary, it is the policy of NCDOT to ensure that comparable replacement housing will available prior to construction of state and federally-assisted projects. Furthermore, the North Carolina Board of Transportation has the following three programs to minimize the inconvenience of relocation. *Relocation Assistance, *Relocation Moving Payments, and *Relocation Replacement Housing Payments or Rent Supplement. These regulations and programs help ensure that property owners are compensated fairly for the loss of value of their property. B-2 Cn W W J (n O z 0 J U_ Lij 01-1 n I ? 001 I r co O (D _ VI MI N ? 06 W O O N o6 i j v (j) ' 0c) vl I ?I W O o- o CY) U') I W I i CL U M LU - O ° N ), O 0 O c) NI 1 O, OI O' ) V O ''. CO! O W LO 1:6 c o: LO Co Rf J [o L N E U ^^`` W J Q co `c' ?I , (0; CAM "T C\l cy) (0 (0 ?' O CO L O M co; CO ; O L- LL O ! C) N ti o m . °' cri v W coI co M cn wl U) U) E 0 -1 l ?i m! E O 2 c : (n: mi CO 01 Z o C? U d W' o w, Z) W cr) O: c; CY) C° Ci O U M; O; ! M: O' LLl c) ' U) v. a- L r) I -. Q O Ir- w LL O 0-1 LU z w U L11 O w LL L11 Q D O z O U W U) O z ui O z M i 00 M I W ? r r p ~.• U ? U v1 ?? 1...1 W zM M U O C7 a`Z? ?F wU QOM X a W E» ¢?? W Q U ¢ Co o o o o o o o v o Q Fp Q U? In. ??? W¢cY M X W F- ¢wF- W C? U p? Q o o o o kn o o o o o ?p U aZ? ??jF w¢a ¢rv u M W F w? W Q U Q o o o o o o o ?p U? aZ? 2p? Qv?U M O N w O LL E`a U ¢G? W 0 U Q o o CD v o 0 0 0 ? 0 V] (]? a ? M o ¢ ?w?v M 00 ^ Q ??? M 00 ^ Q ?? O rn n 0 ? Z ? U? OZ?o Q=U? OZ`c v? Q?U? ?pZ?o v , v? F p i a H QO? ¢ Q ¢ ¢ Q ? UL1-o o ? ¢ Up-?o o o E - O pri 2UOco o F - O ¢Oci¢ ?U q o E - p ?? a o ? o tn W Q o cc C) C rq CD CD O CD ¢ n CO o"a-- L '1 z z z z C Cl C 00 kn '1 0 0 0 ` ' O `?^ O - O M p M Z F a UZ w o UC7 Z E UC7 = U vn c W D O ^ .? p W ti c Z p Z o ti c c i? p 0 ti c a ?? 3 ?w 3 zp ap w w c, [.? w O ? M V] Z M O O M "' r . M O M a M O M M ? ? O Z T ca o a> ? O L LJ o O ca L ? Y C ? 4. U O L ? S? y U O N O N L C-1 CD G U ? r U ? o o° N ? c3 w cc 0 o m O N N } d- 00 a W ? W U `O U o z Wz? W W ?1 ? -rs O zx U (s, M M w w w w ?F R;_ ?? cG_ QE- ?_ ?E.c4_ E..., O F» N U p N N F" O W N m F, CN C N ,?- OWN p E' N N O w N U p E- = 0 O U U C4 U U x 12. C. U U ¢ w W ¢ W w ¢ W w ¢ W w a Q ] W= z Z = ¢ z W U= . w F w u= = v in ?r ? F¢ W CG o o C t] CG v v < W c Z z m F) z Cl z W z ?z z V) tt) V N cn ,n V N O O N O O ¢ ^ O O N O O ¢ Q ? G s ? C U z Ci U z Cl L U z CG U z c o 0 o W 0 o o 0 o o 0 0 N W N w N W N W W cN L c, W cn O O w wl N N L:] C/) ,r) N N vi O O O O O C z z z z O p to O p oll N ON N O O N N O p ? tf) w w w -? W N N X CS N N X C, N N X N N O O O O C, CS. C. L] U c O O Grp U O O w U v O O L' (? v O O W w w rv Ivol o o lov o o v o o ° o 0 C Cn o ? - ff O O J O - ? O N ["' N N F N M M M C1 zu z z z o z cx o x o c _ _ w cc O ° c a Z c z N ° c a Z c% Z N ° c o ?' U W ?r y U W = U •? .,o 3 w oQ ., vx1 xtr) C/) p w... Q3 ?. -ow xW) cn w0 Ca CLn x C w o r. pL^ C1Ykn 3 ? -Le CG ? C o O C? o a o C? m o N z w CO ¢ C: O 0 a? a? ... N v W U ? c C1 .? H cz r L Y y L c.2 U ?o o .n N N c c,- cam. a? 3 -- N to , op United States Department of the Interior ,yam s FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 RCH 3 ?% Raleigh, North Carolina 27636-3726 September 4, 2001 Mr. William D. Gilmore, P.E., Manager NCDOT Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Dear Mr. Gilmore: Thank you for your letter of July 25, 2001 requesting information from the U.S. Fish and Wildlife Service (Service) for the purpose of evaluating the potential environmental impacts of the proposed widening and extension of SR 1363 (Elk Road) from SR 1132 (Legion Road) to SR 1131 (Cameron Road)/SR 1242 (Gillespie Road) to I-95 Business/US 301, Cumberland County, North Carolina (TIP No. U-3849). This report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661- 667d) and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531- 1543). This report also serves as initial scoping comments to federal and state resource agencies for use in their permitting and/or certification processes for this project. The North Carolina Department of Transportation (NCDOT) proposes to widen SR 1363 to a four-lane, median divided facility with curb and gutter on a 100-foot right-of way. The project is approximately 1.5 miles in length. Generally, the Service recommends that wetland impacts be avoided and minimized to the maximum extent practical as outlined in Section 404 (b)(1) of the Clean Water Act Amendments of 1977. In regard to avoidance and minimization of impacts, we recommend that proposed highway projects be aligned along or adjacent to existing roadways, utility corridors, or previously developed areas in order to minimize habitat fragmentation and encroachment. Areas exhibiting high biodiversity or ecological value important to the watershed and region should be avoided. Crossings of streams and associated wetland systems should use existing crossings and/or occur on a structure wherever feasible. Where bridging is not feasible, culvert structures that maintain natural water flows and hydraulic regimes without scouring, or impeding fish and wildlife passage, should be employed. Highway shoulder and median widths should be reduced through wetland areas. Roadway embankments and fill areas should be stabilized by using appropriate erosion control devices and techniques. Wherever appropriate, construction in sensitive areas should occur outside fish spawning and migratory bird nesting seasons. r' The National Wetlands Inventory (NWI) map of the Hope Mills 7.5 Minute Quadrangle indicates there may be wetland or stream resources in the specific work area. However, while the NWI maps are useful for providing an overview of a given area, they should not be relied upon in lieu of a detailed wetland delineation by trained personnel using an acceptable wetland classification methodology. We reserve the right to review any federal permits that may be required for this project, at the public notice stage. Therefore, it is important that resource agency coordination occur early in the planning process in order to resolve any conflicts that may arise and minimize delays in project implementation. In addition to the above guidance, we recommend that the environmental documentation for this project include the following in sufficient detail to facilitate a thorough review of the action: 1. A clearly defined and detailed purpose and need for the proposed project, supported by tabular data, if available, and including a discussion of the project's independent utility; 2. A description of the proposed action with an analysis of all alternatives being considered, including the upgrading of existing roads and a "no action" alternative; A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; 4. The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NWI). Wetland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers (Corps); The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. The assessment should also include the extent to which the proposed project would result in secondary impacts to natural resources, and how this and similar projects contribute to cumulative adverse effects; 6. Design features and construction techniques which would be employed to avoid or minimize the fragmentation or direct loss of wildlife habitat value; 7. Design features, construction techniques, or any other mitigation measures which would be employed at wetland crossings and stream channel relocations to avoid or minimize impacts to waters of the United States; and, 4 . r' If unavoidable wetland impacts are proposed, we recommend that every effort be made to identify compensatory mitigation sites in advance. Project planning should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to protect mitigation areas in perpetuity, preferably via conservation easement, should be explored at the outset. The enclosed list identifies the federally-listed endangered and threatened species, and Federal Species of Concern (FSC) that are known to occur in Cumberland County. The Service recommends that habitat requirements for these federally-listed species be compared with the available habitat at the project site. If suitable habitat is present within the action area of the project, biological surveys for the listed species should be conducted. Environmental documentation should include survey methodologies and results. FSC's are those plant and animal species for which the Service remains concerned, but further biological research and field study are needed to resolve the conservation status of these taxa. Although FSC's receive no statutory protection under the ESA, we would encourage the NCDOT to be alert to their potential presence, and to make every reasonable effort to conserve them if found. The North Carolina Natural Heritage Program should be contacted for information on species under state protection. The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding these comments, please contact Tom McCartney at 919-856-4520, Ext. 32. Sincerely, Dr. Garland B. Pardue Ecological Services Supervisor Enclosure cc: COE, Wilmington, NC (David Timpy) NCDWQ, Raleigh, NC (John Hennessy) c? NCDNR, Creedmoor, NC (David Cox) EPA, Atlanta, GA (Ted Bisterfeld) FWS/R4:TMcCartney:TM:09/04/01:919/856-4520 extension 32:\U-3849.tip daSWEo V+r.n STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY April 7, 2004 Mr. Steve Hall WETLAWS1401 GROUP NCDENR - Natural Heritage Program Division of Parks and Recreation APR 12 2004 1650 Mail Service Center Raleigh, North Carolina 27699-1621 WATER G7U,gjf?y SECTION Dear Mr. Hall: SUBJECT: Federal Environmental Assessment for Hope Mills, SR 1363 (Elk Road) from Legion Road (SR 1132) to I-95 Business/US 301, Cumberland County, Federal Aid Project STP-1363(3), State Project 8.2443601, WBS Element 34994.1.1, TIP Project U-3849 Attached is a copy of the Environmental Assessment and the Natural Resources Technical Report for the subject proposed highway improvement. It is anticipated this project will be processed with a "Finding of No Significant Impact"; however, should comments received on the Environmental Assessment or at the public hearing demonstrate a need for preparing a Draft Environmental Impact Statement you will be contacted as part of our scoping process. Copies of this Assessment are being submitted to the State Clearinghouse, areawide planning agencies, and the counties, towns, and cities involved. Permit review agencies should note it is anticipated Federal Permits will be required as discussed in the report. Any comment you have concerning the Environmental Assessment should be forwarded to: Gregory J. Thorpe, Ph.D., Director Project Development and Environmental Analysis Branch N. C. Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 Your comments should be received by June 11, 2004. If you desire a copy of the "Finding of No Significant Impact," please so indicate. Gre 9fy J. Th e, Ph. Project Dev opment 4 GJT/plr MAILING ADDRESS: TELEPHONE: 919-733-3141 NC DEPARTMENT OF TRANSPORTATION FAX: 919-733-9794 PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER WEBSITE: WWW.NCDOT.ORG RALEIGH NC 27699-1548 Director Environmental Analysis Branch LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 WETLANDS 1401 GROUP APR 12'2004 WATER QUALITY SECTION ADMINISTRATIVE ACTION ENVIRONMENTAL ASSESSMENT U.S. Department of Transportation Federal Highway Administration and N.C. Department of Transportation Division of Highways z Z?oy Date } 3A(/Oz/ ate ro/?'Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA John F. iVIvan III Division Administrator, FHWA Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 ENVIRONMENTAL ASSESSMENT Document Prepared in the Project Development and Environmental Analysis Branch by: Beverly G. Robison Project Devel ment Engineer ???•CARO,??N•. ??.•`?E5S 10,E q ?•. O q • a SE AL Ja es A. McInnis, Jr., P. E. 20701 = Project Development Unit Head ;9s •c`,ry VQ`•?¢?` ?? i N •? Z f eel oy TABLE OF CONTENTS Page Project Commitments .................................................................................i Summary ............................................................................................... ii 1. Description of the Proposed Action ................................................................. 1 A. Project Purpose .................................................................................... 1 B. General Description ............................................................................. 1 C. Cost Estimate ...................................................................................... 1 II. Need for Project ............................................................................................... 1 1. Traffic Volumes ....................................................................... 1 2 Capacity ................................................................................... 2 3. Accident Analysis .................................................................... 2 4. Thoroughfare Plan .................................................................... 2 III. Existing Conditions .......................................................................................... 2 A. Existing Typical Section ...................................................................... 2 B. Existing Right of Way ......................................................................... 2 C. Access Control ..................................................................................... 3 D. Speed Limits ........................................................................................ 3 E. Functional Classification ..................................................................... 3 F. Utilities ................................................................................................. 3 G. Interesting Roads and Types of Control .............................................. 3 H. Sidewalks ............................................................................................. 3 I. School Bus Data .................................................................................. 3 IV. Proposed Improvements ................................................................................... 3 A. Project Length ...................................................................................... 3 B. Proposed Typical Section .................................................................... 3 C. Proposed Alignment ............................................................................. 4 D. Right of Way ........................................................................................ 4 E. Access Control ..................................................................................... 4 F. Design Speed ....................................................................................... 4 G. Types of Intersection Control/Improvements ...................................... 4 H. Cost Estimates ..................................................................................... 5 n I. Sidewalks ............................................................................................ 5 J. Bicycle Accommodations ................................................................... 5 TABLE OF CONTENTS (Continued) V. Alternatives to the Proposed Action ................................................................ 5 A. Design Alternatives .............................................................................. 5 B. "No-Build" Alternative ........................................................................ 5 C. Alternate Modes of Transportation ...................................................... 5 VI. Adjacent Projects ............................................................................................. 6 VII. Evaluation of Environmental Effects ............................................................... 6 A. Cultural Resources ............................................................................... 6 1. Historic Architectural Resources ............................................. 7 2. Archaeological Resources ....................................................... 7 B. Social/Economic Effects ...................................................................... 7 1. Relocation of Homes and Businesses ...................................... 7 2. Neighborhood Cohesion ......................................................... 7 3. Public Facilities ....................................................................... 8 4. Environmental Justice ............................................................. 8 5. Economic Effects .................................................................... 9 C. Land Use ............................................................................................. 9 D. Farmland Impacts ................................................................................. 9 E. Secondary/Cumulative Impacts ........................................................... 10 F. Natural Resources ................................................................................ 10 1. Biotic Resources ...................................................................... 10 2. Terrestrial Communities .......................................................... 10 a. Disturbed Communities ............................................... 11 b. Alluvial Floodplain 3. Aquatic Communities .............................................................. 12 4. Anticipated Impacts to Biotic Resources ................................. 12 5. Water Resources ...................................................................... 12 a. Characteristics of Water Resources ............................. 12 b. Best Usage Classification ............................................ 13 6. Water Quality .......................................................................... 13 7. Summary of Anticipated Impacts to Water Resources ............ 13 TABLE OF CONTENTS (Continued) 8. Jurisdictional Topics ................................................................ 14 a. Waters of the Unites States .......................................... 14 b. Characteristics of Wetlands and Surface Waters ......... 14 C. Summary of Anticipated Impacts ................................ 14 d. Permits ......................................................................... 15 e. Avoidance, Minimization and Mitigation ................... 15 9. Protected and Rare Species ...................................................... 15 a. Federally-Protected Species ......................................... 15 b. Federal Species of Concern and State Listed Species 21 G. Flood Hazard Evaluation ..................................................................... 23 H. Section 4(f) Resources ........................................................................ 24 I. Traffic Noise Analysis ........................................................................ 24 J. Air Quality Analysis ............................................................................ 26 K. Hazardous Material Involvement and Underground Storage Tank Facilities ............................................................................................... 28 VIII. Comments, Coordination, and Public Involvement ......................................... 28 Figures Figure 1 Vicinity Map Figure 2 Aerial Mosaic Figure 3a 2006/2025 Traffic Volumes Without Improvements Figure 3b 2006/2025 Traffic Volumes With Improvements Figure 4a Lane Configuration Diagram Figure 4b Lane Configuration Diagram Figure 4c Lane Configuration Diagram Figure 5 Southview Middle and High School Recommended Campus Layout Figure 6 Thoroughfare Plan Figure 7 Flood Plain Map Figure 8 Typical Section Tables 1 LOS With and Without Proposed Improvements ........................................... 2 2 Anticipated Impacts to Biotic Communities .................................................... 12 3 Federally Protected Species for Cumberland County ...................................... 16 4 Federal Species of Concern ............................................................................. 22 Appendix A Appendix B Project -Commitments Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 Project Development and Environmental Analysis Branch The North Carolina Department of Cultural Resources, State Historic Preservation Office (SHPO) requested a review of the final plans if any of the widening project occurred on new location. The design plans will be forwarded to SHPO for further review. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" for the federally- protected St. Francis' 'satyr, Pondberry, and Michaux's sumac prior to completion of the final environmental document for the project. Division 6 Sidewalks are proposed on the south side of Elk Road from Legion Road to Cameron Road/Gillespie Road. The City of Fayetteville has committed to participate in the cost of sidewalks in accordance with NCDOT's Pedestrian Policy: • 4.2 meter (14-foot) outside lanes are proposed to provide additional width to accommodate bicycles. Side slopes at streams and wetland areas along this project will be at 2:1 in order to minimize impacts. Environmental Assessment U-3849 Page Iof 1 February 2004 i Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/LTS 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 SUMMARY Description of the Proposed Action The North Carolina Department of Transportation, Division of Highways proposes to widen SR 1363 (Elk Road) to a four-lane median divided facility with curb and gutter, from SR 1132 (Legion Road) to SR 1242/SR 1131 (Gillespie Road/Cameron Road) and extend Elk Road on new location between Gillespie Road/Cameron Road and I-95 Business[US 301. The project is approximately 1.5 miles long. The proposed project is included in the 2004-2010 North Carolina Transportation Improvement Program (TIP). Right of way acquisition is scheduled for Fiscal Year (FY) 2004 and construction in FY 2006. The current estimated cost for the proposed project is $10,669,000 which includes $6,700,000 for construction and $3,969,000 for right of way acquisition. The cost included in the 2004-2010 TIP is $12,265,000 which includes $4,615,000 for right of way acquisition and $7,650,000 for construction. 2. Summary of Environmental Impacts The widening and extension of Elk Road will result in the relocation of nine residences. Less than 1.0 acre (0.4 ha) of wetlands will be impacted as a result of the widening and extension of Elk Road. 3. Alternates Considered The following alternatives were considered in the development of the project. Alignment All widening improvements are proposed along existing (Elk Road) SR 1363. Elk Road will be extended from (Cameron Road) SR 1131/(Gillespie Road) SR 1242 to I-95 Business/US 301 at SR 2273. Typical Section A four-lane curb and gutter section was the only typical section studied for the proposed project. This typical section will provide a 3.7 meter (12-foot) inside lane and a 4.3 meter (14-foot) outside through lane in each direction and a variable 5.3 to 6.7 meter (17.5 to 22 foot) median. No Build The No Build option was rejected as the existing facility will not effectively serve the projected volumes. 4. Coordination The following federal, state and local agencies and officials were consulted regarding this project. U.S. Army Corps of Engineers - Wilmington Environmental Protection Agency, Region VI U.S. Fish and Wildlife Service U.S. Department of Interior U.S. Geological Survey Mid Carolina Council of Governments Cumberland County Commissioners Mayor of Fayetteville Mayor of Hope Mills N.C. Department of Cultural Resources N.C. Wildlife Resources Commission N.C. Division of Water Quality 5. Additional Information Additional Information concerning the proposed project and assessment can be obtained by contacting the following: Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Assessment Branch N.C. Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 John F. Sullivan III Division Administrator Federal Highway Administration 310 New Bern Avenue, Suite 401 Raleigh, North Carolina 27601-1442 (919) 856-4346 iv Hope Mills SR 1363 (Elk Road) Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 1. DESCRIPTION OF THE PROPOSED ACTION A. Project Purpose The purpose of this project is to reduce congestion and improve safety on SR 1363 (Elk Road) and improve access to I-95 Business/US 301 for southwest Fayetteville and Hope Mills. B. General Description The North Carolina Department of Transportation, Division of Highways proposes to widen existing SR 1363 (Elk Road) to a four-lane median divided facility with curb and gutter, from SR 1132 (Legion Road) to SR 1242 (Gillespie Road)/SR 1131 (Cameron Road) and extend Elk Road from SR 1242/SR 1131 approximately 100.6 meters (330 feet) eastward to.I-95 Business/US 301. The project is approximately 2.4 kilometers (1.5 miles) long. The proposed project is included in the 2004-2010 North Carolina Transportation Improvement Program (TIP). Right of way acquisition is scheduled for Fiscal Year (FY) 2004 and construction is scheduled for FY 2006. C. Cost Estimates The current estimated cost for the proposed project is $10,669,000 which includes $6,700,000 for construction and $3,969,000 for right of way acquisition. The cost included in the 2004-2010 TIP is $12,265,000, which includes $4,615,000 for right of way acquisition and $7,650,000 for construction. II. NEED FOR PROJECT 1. Traffic Volumes Without the proposed improvements, the 2006 Average Daily Traffic (ADT) along Elk Road ranges from 12,200 vehicles per day (vpd) to 13,100 vpd. For the design year (2025), the estimated traffic volume ranges from 20,500 vpd to 21,600 vpd. With the proposed improvements, 2006 volumes range from 10,800 to 13,100 vpd and 2025 volumes range from 17,000 to 21,600 vpd (see Figures 3a and 3b). 2. Ca aci A capacity analysis was performed for the proposed project to predict the level of service (LOS). Without construction of the proposed project, Elk Road will operate at LOS D in 2006 and a LOS E in 2025. Due to the proximity of signalized intersections along the facility the signalized intersections will govern the operational capacity of Elk Road with the proposed improvements. Table 1 lists the design and construction year LOS without the proposed improvements and the design year (2025) LOS with the proposed improvements. See Figures 4a-4c for proposed lane configurations. Table 1 LOS With and Without Proposed Improvements Intersections 2025 LOS with improvements 2006 LOS without improvements 2025 LOS without improvements Legion Road D C E Cameron Road/Gillespie Road D F D I-95 Business/LJS 301 B N/A N/A 3. Accident Analysis During the three year period from May 2000 to April 2003 there were 47 accidents reported on Elk Road. Forty percent of the accidents reported were rear end, slow, or stop type collisions. The accident rate along Elk Road for this time period was 459.40 accidents per 100 million vehicle mile (acc/100mvm). Compared to the statewide rate of 479.25 accidents per 100 million vehicle mile for urban secondary routes, Elk Road is slightly below the statewide rate. 4. Thoroughfare Plan The proposed project is classified as an urban minor arterial and is consistent with the Fayetteville Urban Area Thoroughfare Plan, which was adopted by local governments and NCDOT. See Figure 6. III. EXISTING CONDITIONS A. Existing Typical Section The existing typical section along Elk Road is a two to three lane roadway with grass shoulders. B. Existing Right of Way The existing right of way on Elk Road varies from 18.3 meters (60 feet) to 30.5 meters (100 feet). 2 C. Access Control Existing Elk Road has no control of access. D. Speed Limits The existing speed limit along Elk Road is 35 miles per hour. E. Functional Classification Elk Road is classified as an Urban Minor Arterial in the North Carolina functional classification system. F. Utilities The utility impact rating is estimated to be medium. Utilities along Elk Road include telephone, underground power, water, sanitary sewer, and fiber optic cable lines. G. Intersecting Roads and Types of Control There are four T-intersections along Elk Road that are stop sign controlled. Legion Road and Cameron Road/Gillespie Road are major "T" intersections with Elk Road. Legion Road is currently signalized. Cameron Road/Gillespie Road is stop sign controlled. H. Sidewalks There are no existing sidewalks along Elk Road. I. School Bus Data Approximately 10 buses use Elk Road from Legion Road to Cameron Road/ Gillespie Road. Each of these buses makes approximately 2 to 4 trips per day for Southview Middle and High Schools. IV. PROPOSED IMPROVEMENTS A. Project Length The total project length is 2.4 kilometers (1.5 miles). B. Proposed Typical Section A four lane median divided facility is proposed for Elk Road from Legion Road to I-95 Business/US 301. The median width will vary from 5.3 to 6.7 meters (17.5 to 22 3 feet). Inside lanes will be 3.6 meters (12 feet) wide and outside lane's will be 4.2 meters (14 feet) wide in order to accommodate bicycles (see Figure 8). C. Proposed Alignment No changes to the alignment of Elk Road are proposed. A best fit alignment is proposed. This alignment will include widening on both sides of Elk Road. This alignment minimizes impacts and costs for the proposed project. The extension of Elk Road will be on new location. Cameron Road/Gillespie Road will be realigned approximately 114.9 meters (337 feet) west of the existing alignment. D. Right of Way A total right of way width of 33.5 meters (110 feet) plus construction easements will be required to accommodate the proposed improvements. E. Access Control The proposed improvements to Elk Road include no control of access. F. Design Speed An 80 km/h (50 mph) design speed is proposed for the project. G. Types of Intersection Control/Improvements The existing traffic signal at Legion Road will be upgraded. A new traffic signal will be installed at the proposed new intersection of Elk Road and I-95 Business/US 301 and at the intersection of Cameron/ Gillespie Road with Elk Road. All other existing intersections will be stop sign controlled. Proposed signalized intersection configurations for the project are shown on Figures 4a and 4b. Southview High School and Southview Middle School are located adjacent to each other on the south side of Elk Road near Legion Road (see Figure 2). Currently, school traffic backs up onto Elk Road in the mornings and afternoons. In order to address this problem, changes will be made to the driveways for both schools as a part of this project. Three driveways serving the schools will be closed and replaced with two new driveways. The new driveway for the high school will connect with Elk Road across from SR 3700 (Alexwood Drive). The new driveway for the middle school will connect . with Elk Road across from the driveway for Southview Baptist Church. Median crossovers, left turn lanes and traffic signals will be provided at both of these new entrances. Figure 5 shows the driveway layout recommended for these schools by NCDOT's Municipal and School Transportation Assistance Group. Improvements shown on Figure 5 beyond constructing the new driveways from Elk Road to existing driveways on school property will be the responsibility of the school system. 4 H. Cost Estimates The current cost estimate for the Elk Road widening and extension is $10,669,000 which includes $3,969,000 for right of way acquisition and $6,700,000 for construction. 1. Sidewalks Sidewalks are proposed on the south side of Elk Road from Legion Road to Cameron Road/Gillespie Road. The Town of Hope Mills has committed to participate in the cost of sidewalks in accordance with NCDOT's Pedestrian Policy. J. Bicycle Accommodations The proposed 4.2 meter (14-foot) outside lanes will provide additional width to accommodate bicycles. V. ALTERNATIVES TO THE PROPOSED ACTION A. Design Alternatives Only one design alternative, the "Best Fit" alternative, was examined for this project. Within this alternative, the proposed widening has been shifted as necessary in order to minimize project impacts. Elk Road will be widened symmetrically from Legion Road to SR 3765 (Alexwood Drive). Elk Road will be widened mostly on the north side from Alexwood Drive to the Cameron Road/Gillespie Road realignment. See Figure 2. A five-lane facility was considered for the proposed Elk Road improvements. However, because of the safety and operational benefits associated with a four-lane median divided facility, the five-lane facility was not recommended. B. "No-Build" Alternative The "No-Build" alternative is not recommended. While this alternative avoids the anticipated impacts of the proposed project this alternative does not meet the purpose of the project to reduce congestion and improve safety on Elk Road and improve access to I- 95 Business/US 301 for southwest Fayetteville and Hope Mills. C. Alternate Modes of Transportation It was determined that no alternate modes of transportation would be a practical alternative to the recommended alternative. Highway transportation is the dominant mode of transportation in the project area. Staggering work hours, car pooling, and van pooling are possible ways to generally reduce highway congestion; however, these congestion management measures are not controlled by the NCDOT. These alternatives would do nothing to address the system linkage needs that will be improved by the "Build" alternative. 5 VI. ADJACENT PROJECTS 6). Several other highway projects are proposed for this area of Fayetteville (see Figure Two projects are immediately adjacent to Elk Road. TIP Project U-2809 involves the widening of Legion Road from SR 1007 (Owen Drive) to SR 1131 (Cameron Road). Right of Way acquisition and construction for this project are scheduled to begin in fiscal year 2007 and 2008, respectively. The proposed Hope Mills Bypass (TIP Project U-620) will extend from SR 1141 (Bingham Drive) to Legion Road at Elk Road. Traffic on the Hope Mills Bypass will use Elk Road to access I-95 Business/US 301. Right of way acquisition for the bypass is complete. Construction is scheduled to begin in fiscal year 2004. In addition to these two projects, five other projects are in the surrounding area: ¦ U-2304A, Cumberland Road widening from NC 59 to SR 1233 (Yale Street); Right of way acquisition is complete. Construction is underway. ¦ U-2308, NC 59 widening from south of SR 1003 (Camden Road) to US 401 (Raeford Road); Right of way acquisition is complete. Construction is underway. ¦ U-3311, Bingham Drive widening from the Hope Mills Bypass to US 401 (Raeford Road); Right of way acquisition is complete. Construction is scheduled to begin FY 04. ¦ U-3424, Bunce Road widening from US 401 (Raeford Road) to SR 1400 (Cliffdale Road); Right of way acquisition and construction are currently post year. ¦ U-3422, Camden Road widening from the Fayetteville Outer Loop to NC 59. Right of way acquisition and construction are currently post year. The proposed project is required, even with construction of these other projects. As discusses in section V. B., the "no-build" alternative is not recommended. VII. EVALUATION OF ENVIRONMENTAL EFFECTS A. Cultural Resources This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified as 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their 6 undertakings (federally funded, licensed, or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places and to afford the Advisory Council a reasonable opportunity to comment on such undertakings. 1. Historic Architectural Resources There are no properties over fifty years old within the project's area of potential effect. This project will not impact any properties eligible for or listed on the National Register of Historic Places (see concurrence letter in Appendix A). If any of the widening project is constructed on new location, the HPO is requesting a further review of the design plans. Cameron Road/Gillespie Road will be realigned on new location. NCDOT will submit the design plans to the HPO for further review. 2. Archaeological Resources There are no known archaeological sites along the proposed project; therefore the State Historic Preservation Office (HPO) did not recommend an archaeological survey. See letter from the Department of Cultural Resources dated July 2, 2001 in the appendix. If any of the widening project is constructed on new location, the HPO is requesting a further review of the design plans. Cameron Road/Gillespie Road will be realigned on new location. NCDOT will submit the design plans to the HPO for further review. B. Social/Economic Effects 1. Relocation of Homes and Businesses The proposed project will require the relocation of nine homes. None of these homes are minority-owned or occupied. The relocation program for the project will be conducted in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646), and/or the North Carolina Relocation Assistance Act (GS-133-5 through 133-18). The NCDOT relocation program is designed to provide assistance to displaced persons in relocating to a replacement site in which to live or do business. Appendix B of this document contains additional information regarding NCDOT relocation programs and includes copies of the relocation report prepared for the project. 2. Neighborhood Cohesion The project will not directly cause or encourage an influx or loss of population, or isolate people from one another. Although residential displacements may occur as a result of the proposed project, they are not expected to have a negative impact on the economic condition of the study area. 7 The study area is densely populated with residential and various institutional land uses. The project will benefit the community by providing a facility that better accommodates existing and projected future traffic. 3. Public Facilities Southview Baptist Church and Southview Presbyterian Church are located adjacent to each other along the north side of Elk Road within the study area. The widening is not expected to impact the church or its parking areas. There is a ball field located in the southeast portion of the property along the roadway. The ball field is owned by and used by the church softball league and for unorganized recreational purposes. Impacts to this ball field are expected to be low. This ball field is not a 4(f) protected property. The Radha Soami Society Beas-America is located east of I-95 Business/US 301. The Group hosts various events for its followers throughout the year. Although the Group has expressed concern for the project as a result of aligning their driveway with Elk Road, no adverse impacts to the Group or its property are expected to occur. Southview Middle School and Southview Senior High School are located adjacent to each other on the south side of Elk Road. Buses to the middle school have access via Legion Road south of the proposed project's western terminus. Access to the high school is provided via Elk Road. Both schools are separated from the existing roadway by a lightly wooded lot, which provides an approximately 91.44 meter (300-foot) buffer from the existing roadway. No impacts to recreational facilities at either school are expected to occur. 4. Environmental Justice Executive order 12898 requires that each federal agency, to the greatest extent allowed by law, administer and implement its programs, policies, and activities that affect human health or the environment so as to identify and avoid "disproportionately high and adverse" effects on minority and low-income populations. The proposed project will not place adverse impacts upon any areas having low income and/or minority populations, or split or isolate any such communities. In addition, census data and field surveys indicate that no low income or minority communities exist within the immediate vicinity of the project. This assessment has found no evidence or indication this project will disproportionately or adversely affect persons on the basis of race, color, national origin, age, sex, or disability. The proposed project is being implemented in accordance with Executive Order 12898. 8 5. Economic Effects The proposed improvements to Elk Road are not expected to cause any changes in the economic condition of the project study area. The project is not expected to encourage growth within the study area. Property values may increase because the proposed project will improve access to I-95 Business/US 301. However, land will be required for right-of-way, removing it from the area's tax base. C. Land Use The project study area is in a primarily residential area within Cumberland County's and Hope Mills' planning jurisdictions. Residential development encompasses the length of the study area within Cumberland County's jurisdiction. The remaining study area in Hope Mills' jurisdiction consists of institutional land uses. Cumberland County's policies on future development, land use, and growth can be found in the Cumberland County 2010 Land Use Plan. The Plan is a collaborative effort between the County and its eight municipalities, including Hope Mills. In addition, Hope Mills has a separate land use plan that was completed in 1996. The information obtained in this land use plan is incorporated into the Cumberland County 2010 Land Use Plan. Based on the general goals and objectives outlined in this Plan, the County is preparing specific small area plans. However, work on small area plans for the project area has not been initiated. The proposed improvements to Elk Road are consistent with the Fayetteville Urban Area Thoroughfare Plan, the Cumberland County 2010 Land Use Plan and the Hope Mills land use plan. The largest development planned for the area is the Worthington subdivision. According to the plat for this subdivision, there are 45 lots. Currently, there are approximately 20 houses. The widening project will not provide new access to undeveloped land. Although the project will create a new intersection with Elk Road and I-95 Business/US 301, the improvements are not expected to encourage development in the study area or cause changes in the land uses along Elk Road. D. Farmland Impacts The Farmland Protection Policy Act (FPPA) of 1981 (7 CFR 658) requires all federal agencies to consider the impact of land acquisition and construction projects on prime and important farmland soils, as designated by the United States Soil Conservation Service. Farmland soils in an urbanized area or in an area committed to urban development by the local governing body are exempt from the requirements of the FPPA. North Carolina Executive Order Number 96 requires all state agencies to consider the impact of land acquisition and construction projects on prime farmland soils, as designated by the US Natural Resources Conservation Service (MRCS). Land which is planned or zoned for urban development is not subject to the same level of preservation afforded other rural, agricultural areas. The proposed widening of Elk Road is in an urbanized area. The project lies within the jurisdiction of Cumberland County and the 9 Town of Hope Mills and is zoned for residential and office and institutional development. Therefore, no further consideration of potential impacts to farmland is required. E. Secondary/Cumulative Impacts The Council on Environmental Quality defines indirect impacts as those, "which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable" (40 CFR 1508.8). Cumulative impacts are defined as "impacts on the environment which result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or nonfederal) or person undertakes such other actions" (40 CFR 1508.8). Based on these definitions, the current land use plan for Cumberland County, and information provided by the Fayetteville Area Metropolitan Planning Organization (FAMPO) and Hope Mills' planners, it is concluded that the project will not produce measurable indirect impacts within the study area. Based on the forecast in the Cumberland County 2010 Land Use Plan, Cumberland County has no plans to further develop the study area during the next ten years. The Worthington subdivision is the largest planned development within the study area and is currently under construction. Hope Mills is experiencing growth in east, north, and northwest directions, which include the project study area. Furthermore, Hope Mills has plans within the next two years to annex the entire project area. This annexation will not alter the current land uses along Elk Road. Property values in the area surrounding the project may increase because access to I-95 Business/US 301 will be improved. Several other highway projects are proposed for this area of Fayetteville. The cumulative impacts associated with these projects include approximately 71 residential, 9 business and 2 non-profit relocations, 6.4 acres of impacted wetlands and approximately 1,700 feet of impacted streams as a result of six projects in the Fayetteville area. F. Natural Resources 1. Biotic Resources Descriptions of the terrestrial systems are presented in the context of plant communities observed. Dominant flora and fauna likely to occur in each community are described.and discussed. Animals observed during field investigations are denoted with an asterisk(*). 2. Terrestrial Communities Two terrestrial communities were identified in the project study area: disturbed community and alluvial floodplain. Much of the wildlife in the project study area likely uses various communities for forage, cover, and nesting habitat. 10 a. Disturbed Community This community encompasses several types of habitats that have recently been or are currently impacted by human disturbance: maintained yard, regularly maintained roadside shoulder, and irregularly maintained roadside shoulder. Maintained yards are primarily restricted to housing and business sites located in the project study area. Dominant species located in the herbaceous layer include fescue, crabgrass, and Bermuda grass. Trees observed in this community include dogwood, privet, loblolly pine, and laurel oak. Regularly maintained roadside shoulders are land parcels in which the vegetation is kept at a low-growing, early successional stage. These areas appear to be regularly mowed and may receive frequent herbicide application. This habitat includes the majority of land along Elk Road. Species observed here include crabgrass, Bermuda grass, violet, Carolina geranium, and Virginia creeper. Irregularly maintained roadside shoulder and power line corridor receive less frequent mowing and/or herbicide application. These areas are scattered along Elk Road. Tree saplings observed here include sassafras, laurel oak, and turkey oak. Species observed in the herbaceous and vine layer include poison ivy, ragweed, and goldenrod. There are also portions of irregularly maintained roadsides which contain primarily longleaf pine. Faunal species utilizing this community may include raccoon, white-tailed deer, the least shrew, eastern harvest mouse, and hispid cotton rat eastern cottontails prefer brushy edges where they primarily feed on woody perennials. Mammals commonly occurring in forested habitats include southern short-tailed shrew, gray squirrel, and white-footed mouse. Eastern fence lizard and five-lined skink inhabitant open habitats with plenty of sunlight. The slimy salamander, spring peeper and eastern box turtle are commonly observed throughout forested habitats. b. Alluvial Floodplain This community is located along the two unnamed tributaries that cross under Elk Road. The wetland area found within this community is located to the north of Elk Road within a disturbed area in a sewer easement. Both wetland and upland habitats are present within this community type. Species observed here include giant cane, American elm, loblolly pine, water oak, and tag alder. 11 3. Aquatic Communities One aquatic community type, coastal plain perennial stream, is located in the project study area. Elk Road crosses two unnamed tributaries of Little Rockfish Creek. Both of these streams are small perennial streams. Perennial streams support an assemblage of fauna that require a constant source of flowing water, as compared to intermittent or standing water. Amphibians and reptiles commonly observed in and adjacent to medium- sized perennial streams included three- lined salamander, green frog, pickerel frog, and banded water snake. Although certain aquatic species are likely to occur within the project area, none were observed during the field investigation. 4. Anticipated Impacts to Biotic Resources Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. Estimated impacts are derived using the proposed 30.5-m (100-ft) right-of-way. Project construction does not usually require the entire impact width; therefore, actual impacts may be considerably less. Table 2. Anticipated Impacts to Biotic Communities. Community Biotic Community Impacts Disturbed 2.0 ha (5.0 ac) Alluvial Floodplain 0.4 ha (1.0 ac) Wetland Impacts <0.4ha (<1.Oac) Total 2.8 ha (7.0 ac) 5. Water Resources a. Characteristics of Water Resources Water resources located within the project study area lie in the Cape Fear River Drainage Basin, Hydrological unit number 03-06-15. Two unnamed tributaries are located within the project study area. Both tributaries flow from north to south, converging just south of the project area, before entering Little Rockfish Creek. The western most unnamed tributary is a perennial stream. Within the project study area, this stream channel is approximately 1.2 meters (4.0 feet) wide and 22.9 centimeters (9 inches) deep. The substrate is primarily silt and sand. 12 The eastern most unnamed tributary is also a perennial stream. Within the project study area, this stream channel is approximately 0.9 meters (3.0 feet) wide and 12.7 centimeters (5 inches) deep. The substrate is primarily silt and sand. b. Best Usage Classification Streams have been assigned a best usage classification by the Division of Water Quality (1997). The classification of Rockfish Creek [Index no. 03-06-15] is C. Class C uses include aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or WS-II: predominately undeveloped watersheds) nor Outstanding Resource Waters (ORW) occur within 1.6 km (1.0 mile) of the project study area. 6. Water Quality Benthic macroinvertebrates have proven to be good indicators of water quality because they are sensitive to subtle changes in water quality, have a relatively long life cycle, are nonmobile (compared to fish) and are extremely diverse. The overall species richness and presence of indicator organisms help to assess the health of streams and rivers. All basins are reassessed every five years to detect changes in water quality and to facilitate National Pollution Discharge Elimination System (NPDES) permit review. A biological sampling site is located at the NC 87 crossing of Rockfish Creek (B-21). This site received a Good rating in 1993 and an Excellent rating in June 1998. 7. Summary of Anticipated Impacts to Water Resources Construction of this project will result in impacts to water resources. The water resources located within the project study area include the unnamed tributaries and one wetland area. Land clearing and grubbing activities in the project area may result in soil erosion leading to increased sedimentation and turbidity in nearby streams. These effects may extend downstream for considerable distance with decreasing intensity. Removal of streamside vegetation will have a negative effect on water quality. The vegetation typically shades the water's surface from sunlight, thus moderating water temperature. Streambank vegetation also stabilizes streambanks and reduces sedimentation by trapping soil particles. Locally, the construction of this project will increase the amount of impervious area in the project study area. Additionally, as populations and vehicular traffic increase so does the potential for petroleum distillates and other chemical compounds to enter nearby streams. Increased amounts of toxic materials can adversely alter the water quality of any water resource, thus impacting its biological and chemical functions 13 In order to minimize impacts to water resources within the footprint of the project, NCDOT's Best Management Practices (BMPs) for the Protection of Surface Waters will be strictly enforced during the entire life of the project. 8. Jurisdictional Issues a. Waters of the United States Surface waters and jurisdictional wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Regulations (CFR) Part 328.3. Any action that proposes to place fill material into these areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344.). b. Characteristics of Wetlands and Surface Waters The two unnamed tributaries (described in Section VII-F-5-a) are considered jurisdictional surface waters. A wetland area is located adjacent to the eastern most unnamed tributary. C. Summary of Anticipated Impacts The construction of the proposed project will cross surface waters and a jurisdictional wetland. Approximately 30 linear meters (100 linear feet) of both unnamed tributaries are located within the project study area. Approximately <0.4ha (<1.0 ac) of jurisdictional wetland is located within the proposed right-of-way. Actual impacts to the wetland community may be less than reported because the entire right-of-way width is often not impacted by construction projects. The amount of wetland impacts may be modified by any changes in the roadway design. 14 d. Permits Impacts to Waters of the United States are anticipated from project construction. In accordance with provisions of Section 404 of the Clean Water Act, a permit will be required from the COE for discharge of dredge or fill material into "Waters of the United States." Due to wetland and surface water impacts, a Section 404 Nationwide 14 Permit will likely be necessary for this project. e. Avoidance, Minimization and Mitigation This project involves widening an existing roadway which crosses two streams. Avoidance of these streams is impractical. The wetland area adjacent to the easternmost stream is located on the north side of Elk Road. The project will impact approximately 0.15 acre of wetlands. A number of homes exist on the south side of Elk Road across from this wetland. Shifting the proposed widening in order to avoid the wetland would result in relocating possibly as many as ten additional homes. Side slopes at the streams and through this wetland area will be at 2:1 in order to minimize impacts. The project's effects on waters of the United States will be further minimized by strict enforcement of sedimentation control Best Management Practices (BMP's) during the entire life of the project. All efforts will be made to minimize environmental impacts. If stream impacts exceed 150 feet mitigation may be required. If wetland impacts exceed 0.1 acre mitigation will be required. 9. Protected and Rare Species a. Federally-Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of January 29, 2003, the USFWS lists eight federally- protected species for Cumberland County (Table 3). A brief description of each species' characteristics and habitat follows. 15 Table 3. Federally Protected species for Cumberland County. Common Name Scientific Name Status Michaux's sumac Rhus michauxii Endangered St. Francis satyr Neonympha mitchellii francisci Endangered Red-Cockaded Woodpecker Picoides borealis Endangered Pondberry Lindera melissaifolia Endangered Rough leaved loosetrife Lysimachia asperulaefolia Endangered American chaffseed Schwalbea americana Endangered Small- whorled pogonia* Isotria medeloides Threatened American Alligator Alligator mississippiensis T (S/A) *= Historic Record- the species was last observed in the county more than 50 years ago. Endangered = a taxon in danger of extinction throughout all of a significant portion of its range. Threatened = a taxon likely to become endangered within the foreseeable future throughout all or a significant portion of its range. T (S/A)= Threatened due to similarity of appearance = a taxon that is threatened due to similarity of appearance with other rare species and is listed for protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. This includes the American alligator. Red-Cockaded Woodpecker (Picoides borealis) Endangered The adult red-cockaded woodpecker (RCW) has plumage that is black and white horizontal stripes on its back, with white cheeks and under parts. Eggs are laid from April through June. Red-cockaded woodpeckers are found in open pine stands that are between 80 and 120 years old. Longleaf pine stands are most commonly utilized. These birds forage in pine and pine hardwood stands, with preference given to pine trees that are 10 inches (25 centimeters) or larger in diameter. The foraging range of the red cockaded woodpecker is up to 500 acres (200 hectares). The acreage must be contiguous with suitable nesting sites. The older pines favored by the red-cockaded woodpecker often suffer from a fungus called red heart disease which attacks the center of the trunk, causing the inner wood to become soft. Cavities generally take 1 to 3 years to excavate. The red-cockaded woodpecker feeds mainly on beetles, ants, roaches, caterpillars, wood-boring insects and spiders, and occasionally fruits and berries. Biological Conclusion: No Effect Suitable habitat for the red-cockaded woodpecker is not present within the project area. The disturbed communities did contain pine species; however there were no pine species greater than 60 years old and the communities were too fragmented for suitable habitat. A search of the NHP database, conducted on August 27, 2003, indicated that presence of the red-cockaded woodpecker was recorded within 1.0 mile (1.6 kilometers) of the project area. However, the red-cockaded woodpecker colony abandoned the area in 1990. It can be concluded that the project will not impact this species. 16 Saint Francis' satyr (Neonympha mitchellii franciscz) Endangered The Saint Francis' satyr is a small, dark brown butterfly with conspicuous eyespots on the lower wing surface of the fore and hind legs. The Saint Francis' satyr is known to inhabit wide, wet meadows dominated by sedges and other wetland graminoids. These wetlands are often relicts of beaver activity and are boggy areas that are acidic and ephemeral. Succession of these sites often leads to either a pocosin or swamp dominated forest. The larval host of the Saint Francis' satyr is thought to be grasses, sedges and rushes. Biological Conclusion: May Affect - Not Likely to Adversely Affect Habitat for the St. Francis' satyr in the project area is marginal. The best potential habitat within the project area is found in the section of Wetland 1 where grasses, rushes, and sedges are dominant. However this wetland does not appear to be a relict of beaver activity. Based upon an October 6, 2003 conversation with Stephen Hall, Invertebrate Zoologist with NHP, the presence of St. Francis' satyr in the project area is highly unlikely, but cannot be completely ruled out. Mr. Hall stated that the St. Francis' satyr has never been recorded outside of Fort Bragg, North Carolina. Mr. Hall stated that the best time to survey for the St. Francis' satyr is from mid-May to June. A search of the NHP database, conducted on August 27, 2003, found no occurrence of the St. Francis'-satyr within 1.0 mile (1.6 kilometers) of the project area. Therefore, based upon the current information about the St. Francis' satyr, the Biological Conclusion for the project construction should be May Affect - Not Likely to Adversely Affect. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" prior to the completion of the final environmental document for this project. Small whorled pogonia (Isotria medeoloides) Threatened Small whorled pogonia is a small perennial member of the Orchidaceae. These plants arise from long slender roots with hollow stems terminating in a whorl of five or six light green leaves. The single flower is approximately one inch long, with yellowish- green to white petals and three longer green sepals. This orchid blooms in late spring from mid-May to mid-June. Populations of this plant are reported to have extended periods of dormancy and to bloom sporadically. This small spring ephemeral orchid is not observable outside of the spring growing season. When not in flower, young plants of Indian cucumber-root also resemble small whorled pogonia. Small whorled pogonia may occur in young as well as maturing forests, but typically grows in open, dry deciduous woods and areas along streams with acidic soils. It also grows in rich, mesic woods in association with white pine and rhododendron. 17 Biological Conclusion: No Effect Suitable habitat is not present in the project area for small whorled pogonia. The plant communities within the project area are severely to moderately disturbed. A search of the NHP database, conducted on August 27, 2003, found no occurrence of small whorled pogonia in the project vicinity. The species was last observed in the county more than 50 years ago. No specimens were observed during the field surveys conducted on August 28, 2003. It can be concluded that the project will not impact this endangered species. Pondberry (Lindera melissifolia) Endangered Pondberry is an aromatic, deciduous shrub with erect stems and shoots, growing as high as 6.5 feet (2 meters). It spreads vegetatively by above ground shoots (stolons). Young stems and leaves are hairy. Leaves are alternate, drooping, and oblong, with hairy edges, a pointed tip and rounded base, 2 to 4 inches (5 to 10 centimeters) long and 0.6 to 1.4 inches (1.5 to 3.5 centimeters) wide. Pondberry is characterized by the sassafras-like odor of its crushed leaves and tendency to form thickets of clonal, unbranched stems. Small, pale, and clustered flowers appear from February through April before leaf and shoot growth begins in late April. Fruiting occurs from August to September. The fruit matures in late autumn and is fleshy, oval, bright red, and about 0.25 to 0.5 inches (0.6 to 1.3 centimeters) in diameter. Pondberry prefer habitat associated with bottomland hardwood forests in inland areas, poorly drained swampy depressions, and edges of limestone sinks and ponds closer to the coast. It occurs at the edges of swamps and ponds and depressions in forest of longleaf pine and pond pine forests. It is typically found in somewhat shaded areas, but can also grow in full sun. Biological Conclusion: May Affect - Not Likely to Adversely Affect Suitable habitat for pondberry occurs in the wetland portion of the alluvial floodplain. A review of the NHP database on August 27, 2003 did not indicate any known occurrences of pondberry near the project vicinity. Buck Engineering biologists, Greg Price and George Buchholz, performed a plant-by-plant survey on August 28, 2003 by foot in all areas of the project area containing suitable habitat for a period of approximately 1 hour. Pondberry was not observed during the field surveys. Therefore, the Biological Conclusion for the construction of the proposed project is May Affect - Not Likely to Adversely Affect for the pondberry. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" prior to the completion of the final environmental document for this proj ect. 18 Rough-leaved loosestrife (Lysimachia asperulaefolia) Endangered The slender stems of this perennial herb grow from a rhizome and reach heights of 1 to 2 feet (0.3 to 0.6 meter). Whorls of 3 to 4 leaves encircle the stem at intervals beneath the showy yellow flowers. Flowering occurs from mid-May through June, with fruits present from July through October. Rough-leaved loosestrife is a species endemic to the coastal plain and sandhills of North Carolina and South Carolina. This species generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins, on moist to seasonally saturated sands, and on shallow organic soils overlaying sand. Rough-leaved loosestrife has also been found on deep peat in the low shrub community of large Carolina bays. The grass-shrub ecotone, where rough-leaved loosestrife is found, is fire-maintained, as are the adjacent plant communities (longleaf pine-scrub oak, savanna, flatwoods, and pocosin). Suppression of naturally occurring fire in these ecotones results in shrubs increasing in density and height and expanding to eliminate the open edges required by this plant. Fire suppression, drainage, and, to a lesser extent, residential and industrial development have altered and eliminated habitat for this species and continue to be the most significant threats to the species' continued existence. Biological Conclusion: No Effect Suitable habitat for rough-leaved loosestrife is not present within the project area. While longleaf pine uplands exist within the project area, no ecotones between longleaf pine uplands and pond pine pocosins are present within the project area. A search of the NHP database, conducted on August 27, 2003, found no occurrence of rough-leaved loosestrife within 1.0 mile (1.6 kilometers) of the project area. It can be concluded that the project will not impact this species. Michaux's sumac (Rhus michauxia) Endangered Michaux's sumac is a densely pubescent rhizomatus shrub that grows 0.7 to 3.3 feet (0.2 to 1.0 meter) in height. The narrowly winged or wingless rachis supports nine to thirteen sessile, oblong-lanceolate leaflets that are 1.6 to 3.6 inches (4 to 9 centimeters) long, 0.8 to 2 inches (2 to 5 centimeters) wide, acute, and acuminate. The bases of the leaves are rounded and their edges are simple or doubly serrate. Plants flower in June, producing a terminal, erect, dense cluster of four to five greenish-yellow to white flowers. This plant occurs in rocky or sandy open woods and roadsides. It is dependent on disturbance (mowing, clearing, fire) to maintain the openness of its habitat. It grows in open habitat where it can get full sunlight and is often found with other members of its 19 genus as well as with poison ivy. Michaux's sumac is endemic to the inner Coastal Plain and Piedmont physiographic provinces of North Carolina. Biological Conclusion: May Affect - Not Likely to Adversely Affect Suitable habitat for Michaux's sumac occurs within the project area. A review of the NHP database on August 27, 2003 did not indicate any known occurrences of Michaux's sumac near the project vicinity. Buck Engineering biologists, Greg Price and George Buchholz, performed a plant-by-plant survey on August 28, 2003 by foot in all areas of the project area containing suitable habitat for a period of approximately 2 hours. Michaux's sumac was not observed during the field surveys. Therefore, the Biological Conclusion for the construction of the proposed project is May Affect - Not Likely to Adversely Affect for Michaux's sumac. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" prior to the completion of the final environmental document for this project. American chaffseed (Schwalbea americana) Endangered American chaffseed is an erect perennial herb with unbranched stems (or stems branched only at the base) with large, purplish-yellow, tubular flowers that are borne singly on short stalks in the axils of the uppermost, reduced leaves (bracts). Flowering occurs from April to June in the South, and from June to mid-July in the North. Fruits mature from early summer in the South to October in the North. American chaffseed occurs in sandy (sandy peat, sandy loam), acidic, seasonally moist to dry soils. It is generally found in habitats described as open, moist pine flatwoods, fire-maintained savannas, ecotonal areas between peaty wetlands and xeric sandy soils, and other open grass-sedge systems. Chaffseed is dependent on factors such as fire, mowing, or fluctuating water tables to maintain the crucial open to partly open conditions that it requires. Historically, the species existed on savannas and pinelands throughout the coastal plain and on sandstone knobs and plains inland where frequent, naturally occurring fires maintained these sub-climax communities. Biological Conclusion: No Effect - Suilable habitat, including moist pine flatwoods, fire-maintained savannas, or ecotonal areas between peaty wetlands and xeric sandy soils, for the American chaffseed is not present within the project area. A search of the NHP database, conducted on August 27, 2003, found no occurrence of American chaffseed within 1.0 mile (1.6 kilometers) of the project area. It can be concluded that the project will not impact this species. 20 a. Federal Species of Concern and State Listed Species Federal Species of Concern (FSC) are not legally protected under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Table 4 includes FSC species listed for Cumberland County and their state classifications. Organisms that are listed as Endangered (E), Threatened (T), or Special Concern (SC) on the NHP list of Rare Plant and Animal Species are afforded state protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. However, the level of protection given to state-listed species does not apply to NCDOT activities. 21 Table 4. Federal Species of Concern for Cumberland County Scientific Name Common Name NC Status Habitat Present Vertebrates Aimophila aestivalis Bachman's sparrow SC Yes Heterodon simus Southern hognose snake SR (PSC) Yes Noturus sp. 1 "Broadtail" madtom SC Yes Pituophis melanoleucus melanoleucus Northern pine snake SC Yes Rana capito capito Carolina gopher frog SC (PT) No Semotilus lumbee Sandhills chub SC No Invertebrates Fusconaia masoni Atlantic pigtoe T (PE) No Lampsilis cariosa Yellow lampmussel T (PE) No Plants Amorpha georgiana var. georgiana Georgia indigo-bush E Yes Astragalus michauxii Sandhills milkvetch T Yes Danthonia epilis Bog oatgrass SR-T No Dionea muscipula Venus flytrap SC-L No Lilium pyrophilum Sandhills bog lily SR-L No Lindera subcoriacea Bog spicebush E No Litsea aestivalis Pondspice SR-T Yes Lobelia boykinii Boykin's lobelia SR-T No Ludwidgia brevipes Long beach seedbox SR-T Yes Myriophyllum laxum Loose watermilfoil T No Potamogeton confervoides Conferva pondweed SR-D No Pteroglossaspis ecristata Spiked medusa E Yes Pyxidanthera barbulata var. brev ifol i a Sandhills pyxie-moss E Yes Rhexia aristosa Awned meadowbeauty T No Solidago pulchra Carolina goldenrod E No Solidago verna Spring-flowering goldenrod SR-L No Stylisma pickeringii var. pickeringii Pickering's dawnflower E Yes Tofieldia glabra Carolina asphodel W1 No Xyris scabrifolia Roughleaf yellow-eyed grass SR-T No Notes: E An Endangered species is one that is in danger of extinction throughout all or a significant portion of its range. 22 PE A Proposed Endangered species is one that has been proposed to Endangered status but the status has not yet been adopted by the NC Wildlife Resource Commission and by the General Assembly as law. PSC A Proposed Special Concern species that has been proposed to Special Concern status but the status has not yet been adopted by the NC Wildlife Resource Commission and by the General Assembly as law. SC A Special Concern species is one that requires monitoring but may be taken or collected and sold under regulations adopted under the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. SR A Significantly Rare species that is not listed as Endangered, Threatened, or Special Concern but which exists in the state in small numbers and has been determined to need monitoring. SR-D A Significantly Rare species that is disjunct to North Carolina from a main range in a different part of the country or world. SR-L A Significantly Rare species whose range is limited to North Carolina and adjacent states. SR-T A Significantly Rare species that is rare throughout its range (fewer than 100 populations). T A Threatened species is any native or once native species that is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act. W l Rare species whose status in North Carolina is relatively well known and which appear to be relatively secure at this time. . Two FSC species (sandhills milkvetch and sandhills pyxie-moss) were recorded within 1.0 mile (1.6 kilometers) of the project area based upon the NHP database as of August 27, 2003. The sandhills milkvetch population occurs just south of Elk Road midway between I-95 Business/US 301 and Legion Road, within the project area. The sandhills pyxie-moss was recorded outside of the project area. G. Flood Hazard Evaluation No major drainage structures exist along Elk Road in the project area. However, two small streams cross Elk Road. This project is located within the Cape Fear River Basin. Cumberland County is currently participating in the National Flood Insurance Program. There are no flood hazard zones affected by this project (see Figure 7). Existing drainage patterns will be maintained to the extent practicable. Erosion and sedimentation will be controlled through the specification, installation, and maintenance of standard erosion and sedimentation control methods. Groundwater resources will not be affected by the project, as the roadway is fill and existing cut. 23 H. Section 4(f) Resources There are no resources protected by Section 4(f) of the USDOT Act of 1966, as amended. I. Traffic Noise Analysis An analysis was performed to determine the effect the proposed project would have on noise levels in the immediate area. The assessment included an inventory of existing noise sensitive land uses and a field survey of ambient (existing) noise levels in the study area. A comparison of the predicted noise levels and the ambient noise levels was performed to determine if traffic noise impacts are likely to occur as a result of the project. Traffic noise impacts were determined by following the current procedures for the abatement of highway traffic noise and construction noise, appearing as Part 772 of Title 23 of the Code of Federal Regulations. To determine whether highway noise levels are compatible with various land uses, the Federal Highway Administration (FHWA) has developed noise abatement criteria (NAC) and procedures to be used in the planning and design of highways. These abatement criteria and procedures are in accordance with Title 23 Code of Federal Regulations Part 772. Ambient noise measurements were taken to determine existing noise levels for the identified land uses. The purpose of this noise level information was to quantify the existing acoustic environment and to provide a base line reference level for assessing the impact of future noise levels on receptors in the project area. Existing noise levels in the project area were measured at 15 meters (50 feet) from the edge of pavement and found to be 55.1 dBA. A background noise level of 45 dBA was used in areas where traffic noise was not the predominant source. The Traffic Noise Prediction Model (TNM1.1) computer model was utilized in order to determine the number of land uses (by type) which would be impacted during the peak hour of the year 2025. Traffic noise impacts occur when the predicted traffic noise levels either: [a] approach or exceed the FHWA noise abatement criteria, or [b] substantially exceed the existing noise levels. Consideration for noise abatement measures must be given to receptors in the project area when noise impacts are predicted to occur. The worst-case scenario for traffic noise is widening Elk Road to the north the entire length of the project. This will result in traffic noise impacts to 45 residential receptors. The maximum extent of the 72 and 67 dBA noise level contours are 18.3 meters (60 feet) and 25.4 meters (83.3 feet), respectively from the center of the proposed roadway. 24 Table N6 (Appendix B) indicates the exterior traffic noise level increases for the identified receptors in each roadway section. The predicted noise level increases for this project range up to 17 dBA. When real-life noises are heard, it is barely possible to detect noise level changes of 2-3 dBA. A 5 dBA change is more readily noticeable. A 10 dBA change is judged by most people as a doubling or a halving of the loudness of the sound. Forty-five (45) receptors will experience noise level increases. Traffic noise abatement alternatives for this project were considered. These alternatives included noise barriers, buffer acquisition and the "No Build"Alternative. For a noise barrier to provide sufficient noise reduction it must be high enough and long enough to shield the receptor from significant sections of the highway. No control of access is proposed for this project. Adjacent properties will have direct driveway access to the facility. Access openings in the barrier severely reduce the noise reduction provided by the barrier. It then becomes economically unreasonable to construct a barrier for a small noise reduction. Safety at access openings (driveways, crossing streets, etc.) due to restricted sight distance is also a concern. Furthermore, to provide a sufficient reduction, a barrier's length would normally be 8 times the distance from the barrier to the receptor. For example, a receptor located 15 meters (50 feet) from the barrier would normally require a barrier 120 meters (400 feet) long. An access opening of 12 meters (40 feet) (10 percent of the area) would limit its noise reduction to approximately 4 dBA. In addition, businesses, churches, and other related establishments located along a particular highway normally require accessibility and high visibility. Solid mass, attenuable measures for traffic noise abatement would tend to disallow these two qualities, and thus, would not be acceptable abatement measures in this case. The acquisition of property in order to provide buffer zones to minimize noise impacts is not considered to be a feasible noise mitigation measure for this project. The cost to acquire impacted receptors for buffer zones would exceed the abatement threshold of $25,000 per benefited receptor. The use of buffer zones to minimize impacts to future sensitive areas is not recommended because this could be accomplished through land use control. The use of vegetation for noise mitigation is not considered reasonable for this project, due to the substantial amount of right of way necessary to make vegetative barriers effective. FHWA research has shown that a vegetative barrier should be approximately 30.5 meters (100 feet) wide to provide 3 dBA reduction in noise levels. In order to provide 5 dBA reduction, substantial amounts of additional right of way would be required. The cost of acquiring the additional right of way and planting sufficient vegetation is estimated to exceed the abatement threshold of $25,000 per benefited receptor. Noise insulation was also considered; however, no public or non-profit institutions were identified that would be impacted by this project. 25 The traffic noise impacts for the "no-build" alternative were also considered. If the proposed widening did not occur, 46.receptors would experience traffic noise impacts by approaching or exceeding the FHWANAC. Also the receptors could anticipate experiencing an increase in the exterior noise levels of approximately 11 dBA. As previously noted, it is barely possible to detect noise level changes of 2-3 dBA and a 5 dBA change is more readily noticeable. The major construction elements of this project are expected to be earth removal, hauling, grading, and paving. General construction noise impacts, such as temporary speech interference for passers-by and those individuals living or working near the project, can be expected particularly from paving operations and from the earth moving equipment during grading operations. However, considering the relatively short-term nature of construction noise and the limitation of construction to daytime hours, these impacts are not expected to be substantial. The transmission loss characteristics of nearby natural elements and man-made structures are believed to be sufficient to moderate the effects of intrusive construction noise. Based on these preliminary studies, traffic noise abatement is not recommended, and no noise abatement measures are proposed. In accordance with NCDOT Traffic Noise Abatement Policy, neither NCDOT nor the FHWA will be responsible for providing noise abatement measures for new development for which building permits are issued after the date of the final environmental document for this project (Date of Public Knowledge). J. Air Quality Analysis A microscale air quality analysis was performed to determine future CO concentrations resulting from the proposed highway improvements. "CAL3QHC - A Modeling Methodology For Predicting Pollutant Concentrations Near Roadway Intersections" was used to predict the CO concentration near sensitive receptors. Carbon monoxide vehicle emission factors were calculated for the year 2005, 2010 and the Design year 2025, using the EPA publication "Mobile Source Emission Factors" and the MOBILE513 mobile source emissions computer model. The background CO concentration for the project area was estimated to be 1.8 parts per million (ppm). Consultation with the Air Quality Section, Division of Environmental Management (DEM), North Carolina Department of Environment, Health and Natural Resources indicated that an ambient CO concentration of 1.8 ppm is suitable for most suburban and rural areas. The worst-case air quality scenario was determined to be in the vicinity of the intersection of SR 1363 (Elk Road) and SR 1132 (Legion Road). The predicted 1-hour average CO concentration for the evaluation build years of 2005, 2010 and 2025 are 5.40, 5.40 and 5.90 ppm, respectively. 26 Comparison of the predicted CO.concentrations with the NAAQS (maximum permitted for 1-hour averaging period = 35 ppm; 8-hour averaging period = 9 ppm) indicates no violation of these standards. Since the results of the worst-case 1-hour CO analysis for the build scenario is less than 9 ppm, it can be concluded that the 8-hour CO level does not exceed the standard. Automobiles are regarded as sources of hydrocarbons and nitrogen oxides. Hydrocarbons and nitrogen oxides emitted from cars are carried into the atmosphere where they react with sunlight to form ozone and nitrogen dioxide. Area wide automotive emissions of HC and NO are expected to decrease in the future due to the continued installation and maintenance of pollution control devices on new cars. Hence, the ambient ozone and nitrogen dioxide levels in the atmosphere should continue to decrease as a result of the improvements on automobile emissions. The photochemical reactions that form ozone and nitrogen dioxide require several hours to occur. For this reason, the peak levels of ozone generally occur 10 to 20 kilometers (6 to 12 miles) downwind of the source of hydrocarbon emissions. Urban areas as a whole are regarded as sources of hydrocarbons, not individual streets and highways. The project is located in Cumberland County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR parts 51 and 93 are not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. During construction of the proposed project, all materials resulting from clearing and grubbing, demolition or other operations will be removed from the project, burned or otherwise disposed of by the Contractor. Any burning done will be done in accordance with applicable local laws and ordinances and regulations of the North Carolina SIP for air quality in compliance with 15 NCAC 2D.0520. Care will be taken to insure burning will be done at the greatest distance practical from dwellings and not when atmospheric conditions are such as to create a hazard to the public. Burning will be performed under constant surveillance. Also during construction, measures will be taken to reduce the dust generated by construction when the control of dust is necessary for the protection and comfort of motorists or area residents. 27 K. Hazardous Material Involvement and Underground Storage Tank Facilities Based on the field reconnaissance survey and a review of the Geographical Information System (GIS), there are no anticipated impacts to underground storage tanks (UST) and no superfund sites were identified in the project study area. The GIS shows that no regulated or unregulated landfills or dumpsites exist within the project limits. VIII. COMMENTS, COORDINATION, AND PUBLIC INVOLVEMENT On July 25, 2001, a letter was mailed to the following state and local agencies to solicit suggestions and receive environmental input concerning the proposed project (note: an asterisk indicates those agencies which responded to this letter): * US Fish and Wildlife Service * US Army Corps of Engineers US Environmental Protection Agency US Geological Survey * NC State Clearinghouse * NC Department of Environment and Natural Resources * NC Department of Cultural Resources * NC Wildlife Resources Commission NC Department of Public Instruction MID Carolina Council of Governments Mayor of Fayetteville Cumberland County Commissioners Mayor of Hope Mills A citizens informational workshop for the widening of Elk Road was held on February 5, 2002, at Hope Mills Town Hall. The purpose of the project, an approximate schedule, estimated cost, and the project's current status was conveyed to citizens at the workshop. The purpose of the workshop was to gather citizens' input prior to the design of the proposed project. Detailed information regarding possible effects on homes and businesses was not yet available. Citizens were encouraged to complete comment sheets and provide the NCDOT with their input to aid in the planning and design process. Although approximately 38 people attended the workshop, no comment sheets were received. However, a letter from the Radha Soami Society Beas-America was received by the NCDOT on February 19, 2002, in response to information received at the workshop. The Radha Soami Society Beas-America is located east of I-95 Business/ US 301. The project proposes to align Elk Road with the property's entrance. The letter expressed concern for the impacts that may occur to the property's entrance as a result of aligning the driveway with Elk Road. 28 FIGURES 4017 1 ? ? _ .4 t4 ?; 'WyvQB .g 4 " 29 2318 2315 (.02) BEGIN PROJECT "G pa \ u. p_ ``? /2310 FMn,a ???? C 3632 qyp/? ?? 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SCALE: o MILE B.z FIGURE 1 GRAPHIC BY: CHARLES STURDIVAN7 DATE: 10108103 t NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LE GION ROAD TO I-956US/US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 ?.?,.? rte. ._.?.?ur?r ?? t-14 1 f?n??v ?.._ I ??- w. X 1AW Y Apr- 1 2006 ESTIMATED ADT WITHOUT PROJECT 2025 0-620 12200 110 17300 1700 `J1 LEGION ROAD I L MATCH LINE _A 10400 18500 L 0 PM 14900 8500 60F 10 21600 12500 (3,2) 2600 x3800 LEGION ROAD 3100 5400 13100 ? g 21800 "' 12200 20500 1100 PM 2200 1300 ' 10 --->00 2600 N g? (1,t) °' r-> At FYwnnn nalvF 1300 12200 20500 ?glg 800 PM 300 1300 EOF- 10 801 (1.1) DUNROBIN DRIVE 501 700 12400 20600 600 PM 1300 y? to X80 2100 g qq ? (tit) "f F 1100 BENT CREEK DRIVE 12500 20700 A MATCH LINE A LEGEND PM DHV- rD UA) DHV DESIGN HOURLY VOLUME (i ) D DIRECTIONAL SPLIT (Z) PM PM PEAK PERIOD UA DUALS TT-STS (S ) -? INDICATES THE DIREC77ON OF PEAK FLOW. REVERSE FLOW FOR AM PEAK ?j 12500 20700 FAL <? g 300V 900 12600 21000 9300 7400 15300 12 500 PM 20 0 1500 ? (1,1) F 10 600 CONBRIDGE ROAD 5200 ? 8700 L? PM eoE- to 7100 1900 3000 (3,2) 11700 CAMERON ROAD GILLESPIE STREET NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PROJECT DEVELOPMENT AND i ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LEGION ROAD TO I-95BUS/US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 FIGURE 3. 2006 ESTIMATED ADT WITH PROJECT 2025 U-620 MATCH UNE J 10400 _ 18500 12500 20700 500 PM 200 100 12200 2600 3700 M 14900 60 <- 10 801 1500 )-1 (t,t) FALCONBR/DGE ROAD l 8 1700 8500 60E- 10 21600 300 "' 17300 12500 (3.2) 900 LEGION ROAD P600 x3800 LEGION ROAD 3100 5400 g 12600 13100 21000 21600 g? 1100 ? 60 1800 L 4000 ? 12200 7600 3500 1900 60f- 10 3400 20500 3000 (3.2) 6200 $ $ ? 1100 1300 PM 2200 10 - >60 260 (t,t) CAMERON ROAD 0 400 GILLESPIE STREET 1100 800 F 100 ALEXA(OOD DRIVE 1300 10800 17000 4700 - 7? 12200 00 20500 5300 PM 21000 8501 15400 15 L to 20300 80 30200 21100 (3.2) 28500 800 PM 300 1300 80<--- 10 601 } US 301/1-95BUS 300 US 30111-95BUS (t.t) <J o $ l r;_0_0 600 400 DUNROBIN DRIVE z 501 700 1300 2500 12400 1200 100 ,000 20600 <100 1 -:;o 0 10 X55 1200 <100 U (6,3) 2100 600 PM 1300 1000 10 X60 2100 y (1.1) g ? BENT CREEK DRIVE 1100 12500 20700 ------ ------ A MATCH LINE A LEGEND PM DHV------- ?D UA) DHV DESIGN HOURLY VOLUME (Z) D DIRECTIONAL SPLIT (S ) PM PM PEAK PERIOD W) DUALS. TT-M 0) -3 INDICATES THE DIRECTION OF PEAK FLOW. REVERSE FLOW FOR AM PEAK TO BE DEAD-END Rol I f o SR 2273 o 100 0 500 VACANT FACTORY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 1 i i DIVISION OF HIGHWAYS L PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LEGION ROAD TO I-95BUS®US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 FIGURE 3b LEGION ROAD a o Cn C1 ?1?14 4 ? I I O • O LEGION ROAD Figure l: Recommended Laneage and Storage (in feet) Elk Road and Legion Road U-3849 2025 Design Year CHURCH ENT. LOS B - - - - - - - - - - -- -- - - - - - - - O -- O .C- 200' O MIDDLE SCHOOL ENT. Figure 2: Recommended Laneage and Storage (in feet) Elk Road and Church Entrance / Middle School Entrance 2025 Desian Year U-3849 FIGURE 4a! u-3849 CAMERON ROAD / GILLESPIE STREET LOS D 300' CAMERON ROAD / GILLESPIE STREET Figure 7: Recommended Laneage and Storage (in feet) Elk Road and Cameron Road /Gillespie Street 2025 Design Year I-95 / US 301 BUS. ELK ROAD -.?) LOS B v-3849 ') L 4) 7 T I-95 / US 301 BUS. Figure 8: Recommended Laneage and Storage (in feet) Elk Road and 1-95 /US 301 Business 2025 Design Year MST MP 4b' ------------ o • O ALEXWOOD DRIVE U-3849 Ro I I I I I I i HIGH SCHOOL ENT. Figure 3: Recommended Laneage and Elk Road and Alexwood Drive /High 2025 Design Year Storage (in feet) School Entrance FIGLJRI 4c .y E i L i H a w„ . LL 0 T-To- g i DN // o U UI . N a E- n¢ Q W L n z O w V R' L S ? 2 ? CJ z 'l O? H w m m z z z a rte- A° C? -' 01 cq p p MAI* ?e-w. y ono \ 1- ?T- Y? 46 E 400 k? - ? oa r/ ?eskIs got i ? Y 1`y XK 211< `, - .?,,,` y'r/?' I Ira. '•''`-' / ?' ? "i ,'8='`',?,? ?' '?? ? -_ - - !„ I i tt 150. ?' F 'Loom ?, ,' O w BEGIN ? ! , _ r-` «. - } ??- = ?.• , d PROJECT /1 e 05 -, l t _ f t }_ * k y .' J? , S:er fir ch ;END ?': s Palk 4 ?- c \ _ f ROJ Ems, jW, LEGEND .. PROPOSED PROJECT - - c FLOODPLAIN 183 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION •tl PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LE GION ROAD TO 1-95BUS/US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 SCALE: °I Few 2000 FIGURE 7 GRAPHIC BY: CHARLES ST URDIVAM DATE: 0'122104 , _ Q z J O C? 2 O Q ? I I z ? I V W co co M a I LL. V N I w ?- CIO- U- L 0 W i N o 0 z O Z O APPENDIX A Federal Aid #STP-1363(3) TIP # U-3849 County: Cumberland CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Project Description: SR 1363 from I-95 (BUS) to Legion Road On June 18, 2002, representatives of the North Carolina Department of Transportation (NCDOT) ? Federal Highway.Administration (FHWA) North Carolina State Historic Preservation Office (HPO) ? Other Reviewed the subject project at ? 'Scoping meeting [Z Historic architectural resources photograph review session/consultation ? Other All parties present agreed There are no properties over fifty years old within the project's area of potential effects. There are no properties less than fifty years old which are considered to meet Criteria Consideration G within the project's area of potential effects. ? There are properties over fifty years old within the project's Area of Potential Effects (APE), but based on the historical information available and the photographs of each property, the property identified as (List Attached) is considered not eligible for the National Register and no further evaluation of it is necessary. [V?There are no National Register-listed or Study Listed properties within the project's area of potential effects. ? All properties greater than 50 years of age located in the APE have been considered at this consultation, and based upon the above concurrence, all compliance for historic architecture with Section 106 of the National Historic Preservation Act and GS 121-12(a) has been completed for this project. There are no historic properties affected by this project. (Attach any notes or documents as needed Signed: - -/&-/ -(DL4 f - ?- Representative, NCDOT Date 14 Jf)zIJ0z FHWA, r the Division A inistrator, or other Federal Agency Date Representative, HPO ate W/ct%a State Historic Preservation Officer Date A-1 e^`?v North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Division of Archives and History Lisbeth C. Evans, Secretary Jeffrey J. Crow, Director July 2, 2001 MEMORANDUM To: William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch From: David Brook Deputy State Histo reservation Officer Re: Proposed Improvements to State Road 1363 (Elk Road) from State Road 1132 (Legion Road) to I-95 Business (U.S. 301), Cumberland County, TIP Number L-3849, ER 01-9852 Thank you for your letter of May 23, 2001, concerning the above project. No archeological sites are recorded adjacent to State Road 1363 in the proposed project area. Based upon our examination of mapping available to us, it appears this is a developed area. Therefore, if this project consists of only widening the existing, we recommend no archeological survey. However, we emphasize if anv National Register listed or eligible structures are located in the project area they may include unassessed archeological components. Archeological investigation of such properties would be necessary. The survey of Cumberland County is more than 10 years old. We recommend that an architectural historian on your staff identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. If the widening project is on new location please submit plans for further review. 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 919/733-4763. DB:kgc cc: FHwA Mary Pope Furr, NCDOT Tom Padgett, NCDOT Location Mailing Address Telephone/Fax Administration 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh 27699-4617 (919) 733-4763 •733-8653 Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center, Raleigh 27699-4613 (919) 733-6547 •715-4801 Survey & Planning 515 N. Blount St. Raleigh. NC 4618 Mail Service Center. Raleigh 27699-4618 (919) 733-4763 •715-4801 A-2 M ?TA1F o y° .w = o+a r. North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Di, Lisbeth C. Evans, Secretary 1A September 4, 2001 ves and History MEMORANDUM . SEP 6 2001 tri -o To: William D. Gilmore, P.E., Manager O 04v00N OF ??. HIGHWAYS Project Development and Environmental Analysis Branch r ? iuirr ?tr ,/VT? From: David Brook ! atspt?y Deputy State Histoi c Preservation Officer Re: Proposed Improvements to SR 1363 (Elk Road) from SR 1132 (Legion Road) to I-95 Business (U.S. 301), Cumberland Countv, TIP Number L'-3849, ER 01-9852 We have received information concerning the above project from the State Clearinghouse. We have conducted a search of our files and are aware of no structures of historical or architectural importance located within the planning area. However, since a survey has not been conducted in over a decade, there may be structures of which we are unaware located within the planning area. No archeological sites are recorded adjacent to SR 1363 in the proposed project area. Based upon our examination of mapping available to us, it appears this is a developed area. Therefore, if this project consists of widening the existing only, we recommend no archeological survey. If the widening project is on new location please submit plans for further review. 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. -XI Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earlev, Environmental Review Coordinator, at 919/733-4763. DB:kgc cc: SCH Location Mailing Address Administration 507 N. Blount St, Raleigh. NC 4617 Mail Service Center Restoration 515 N. Blount St. Raleigh . NC 4613 Mail Service Center Survey & Planning 515 N. Blount St. Raleigh, NC 4618 Mail Service Center A-3 Raleigh 27699-4617 Raleigh 27699-4613 Raleigh 27699-4618 Telephone/Fax (919) 733-4763 •733-8653 (919)733-6547.715-4801 (919) 733-4763 9715-4801 State of North Carolina Department of Environment and Natural Resources Division of Water Quality PM4 Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director September 6, 2001 MEMORANDUM To: Melba McGee Through: John Dorne From: John E. Hennessy,. ?4 Subject: Scoping comments on proposed widening and extension of SR 1363 (Elk Road) from SR 1132 (Legion Road) to I-95 Business\US 301 in Cumberland County, Federal Aid Project No. STP- 1363(3), State Project No. 8.2443601, TIP U-3849, DENR No. 02E-0059. Reference your correspondence dated July 20, 2001 in which you requested comments for the referenced project. Preliminary analysis of the project reveals the potential for multiple impacts to perennial streams and jurisdictional wetlands in the project area. More specifically, impacts to tributaries of the Little Rockfish Creek (Class C waters, DWQ index No. 18-31-24-(7)) located in the Cape Fear River Basin is possible. Further investigations at a higher resolution should be undertaken to verify the presence of other streams and/or jurisdictional wetlands in the area. In the event that any jurisdictional areas are identified, the Division of Water Quality requests that NCDOT consider the following environmental issues for the proposed project: A. The document should provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping. B. There should be a discussion on mitigation plans for unavoidable impacts. If mitigation is required, it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental documentation. While the NCDWQ realizes that this may not always be practical, it should be noted that for projects requiring mitigation, appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. C. Review of the project reveals that no Outstanding Resource Waters, Water Supply Water, High Quality Waters, or Trout Waters will be impacted during the project implementation. However, should further analysis reveal the presence of any of the aforementioned waters, the DWQ requests that DOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction of the project. This would apply for any area that drains to streams having WS (Water Supply), ORW (Outstanding Resource Water), HQW (High Quality Water), SA (Shellfish Water) or Tr (Trout Water) classifications. 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 100,10 post-consumer paper A-4 Mr. William D. Gilmore memo 09/06/01 Page 2 D. When practical, the DWQ requests that bridges be replaced on the existing location with road closure. If a detour proves necessary, remediation measures in accordance with the NCDWQ requirements for General 401 Certification.2726/Nationwide Permit No. 33 (Temporary Construction, Access and Dewatering) must be followed. E. Review of the project reveals that no High Quality Waters or Water Supply Waters will be impacted by the project. However, should further analysis reveal the presence of any of the aforementioned water resources, the DWQ requests that hazardous spill catch basins be installed at any bridge crossing a stream classified as HQW or WS (Water Supply). The number of catch basins installed should be determined by the design of the bridge, so that runoff would enter said basin(s) rather than flowing directly into the stream. F. If applicable, DOT should not install the bridge bents in the creek, to the maximum extent practicable. G. Wetland and stream impacts should be avoided (including sediment and erosion control structures/measures) to the maximum extent practical. If this is not possible, alternatives that minimize wetland impacts should be chosen. Mitigation for unavoidable impacts will be required by DWQ for impacts to wetlands in excess of one acre and/or to streams in excess of 150 linear feet. H. Borrow/waste areas should not be located in wetlands. It is likely that compensatory mitigation will be required if wetlands are impacted by waste or borrow. I. DWQ prefers replacement of bridges with bridges. However, if the new structure is to be a culvert, it should be countersunk to allow unimpeded fish and other aquatic organisms passage through the crossing. J. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is approved under General 401 Certification Number 3027/Nationwide Permit No. 6 for Survey Activities. K. In accordance with the NCDWQ Wetlands Rules f 15A NCAC 2H.0506(b)(6)), mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation becomes required, the mitigation plan should be designed to replace appropriate lost functions and values. In accordance with the NCDWQ Wetlands Rules 115A NCAC 2H.0506 (h)(3) ), the Wetland Restoration Program may be available for use as stream mitigation. L. Sediment and erosion control measures should not be placed in wetlands. M. The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management. More specifically, stormwater should not be permitted to discharge directly into the creek. Instead, stormwater should be designed to drain to a properly designed stormwater detention facility/apparatus. N. While the use of National Wetland Inventory (NWI) maps and soil surveys is a useful office tool, their inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. A-5 Mr. William D. Gilmore memo 09/06/01 Page 3 Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact John Hennessy at (919) 733-5694. . cc: Dave Timpy, Corps of Engineers Wilmington Field Office Tom McCartney, USFWS David Cox,'NCWRC Personal Files Central Files C:\ncdot\TIP U-3849\comments\TIP U-3849 scoping comments.doc A-6 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 4, 2001 Mr. William D. Gilmore, P.E., Manager S?t? t Ln? NCDOT Project Development and Environmental Analysis Branch 1548 Mail Service Center Raleigh North Carolina 27699-1548 y 77 Dear Mr. Gilmore: Thank you for your letter of July 25, 2001 requesting information from the U.S. Fish and Wildlife Service (Service) for the purpose of evaluating the potential environmental impacts of the proposed widening and extension of SR 1363 (Elk Road) from SR 1132 (Legion Road) to SR 1131 (Cameron Road)/SR 1242 (Gillespie Road) to I-95 Business/US 301, Cumberland County, North Carolina (TIP No. U-3849). This report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661- 667d) and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531- 1543). This report also serves as initial scoping comments to federal and state resource agencies for use in their permitting and/or certification processes for this project. The North Carolina Department of Transportation (NCDOT) proposes to widen SR 1363 to a four-lane, median divided facility with curb and gutter on a 100-foot right-of way. The project is approximately 1.5 miles in length. Generally, the Service recommends that wetland impacts be avoided and minimized to the maximum extent practical as outlined in Section 404 (b)(1) of the Clean Water Act Amendments of 1977. In regard to avoidance and minimization of impacts, we recommend that proposed highway projects be aligned along or adjacent to existing roadways, utility corridors, or previously developed areas in order to minimize habitat fragmentation and encroachment. Areas exhibiting high biodiversity or ecological value important to the watershed and region should be avoided. Crossings of streams and associated wetland systems should use existing crossings and/or occur on a structure wherever feasible. Where bridging is not feasible, culvert structures that maintain natural water flows and hydraulic regimes without scouring, or impeding fish and wildlife passage, should be employed. Highway shoulder and median widths should be reduced through wetland areas. Roadway embankments and fill areas should be stabilized by using appropriate erosion control devices and techniques. Wherever appropriate, construction in sensitive areas should occur outside fish spawning and migratory bird nesting seasons. A-7 ,he National Wetlands Inventory (NWI) map of the Hope Mills 7.5 Minute Quadrangle indicates were may be wetland or stream resources in the specific work area. However, while the NWI :laps are useful for providing an overview of a given area, they should not be relied upon in lieu T a detailed wetland delineation by trained personnel using an acceptable wetland classification methodology. Ve reserve the right to review any federal permits that may be required for this project, at the ublic notice stage. Therefore, it is important that resource agency coordination occur early in ae planning process in order to resolve any conflicts that may arise and minimize delays in roject implementation. n addition to the above guidance, we recommend that the environmental documentation for this roject include the following in sufficient detail to facilitate a thorough review of the action: A clearly defined and detailed purpose and need for the proposed project, supported by tabular data, if available, and including a discussion of the project's independent utility; A description of the proposed action with an analysis of all alternatives being considered, including the upgrading of existing roads and a "no action" alternative; A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NWI). Wetland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers (Corps); The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. The assessment should also include the extent to which the proposed project would result in secondary impacts to natural resources, and how this and similar projects contribute to cumulative adverse effects; Design features and construction techniques which would be employed to avoid or minimize the fragmentation or direct loss of wildlife habitat value; Design features, construction techniques, or any other mitigation measures which would be employed at wetland crossings and stream channel relocations to avoid or minimize impacts to waters of the United States; and, A-8 8. If unavoidable wetland impacts are proposed, we recommend that every effort be made to identify compensatory mitigation sites in advance. Project planning should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to protect mitigation areas in perpetuity, preferably via conservation easement, should be explored at the outset. The enclosed list identifies the federally-listed endangered and threatened species, and Federal Species of Concern (FSC) that are known to occur in Cumberland County. The Service recommends that habitat requirements for these federally-listed species be compared with the available habitat at the project site. If suitable habitat is present within the action area of the project, biological surveys for the listed species should be conducted. Environmental documentation should include survey methodologies and results. FSC's are those plant and animal species for which the Service remains concerned, but further biological research and field study are needed to resolve the conservation status of these taxa. Although FSC's receive no statutory protection under the ESA, we would encourage the NCDOT to be alert to their potential presence, and to make every reasonable effort to conserve them if found. The North Carolina Natural Heritage Program should be contacted for information on species under state protection. The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding these comments, please contact Tom McCartney at 919-856-4520, Ext. 32. Sincerely, Dr. Garland B. Pardue Ecological Services Supervisor Enclosure cc: COE, Wilmington, NC (David Timpy) NCDWQ, Raleigh, NC (John Hennessy) NCDNR, Creedmoor, NC (David Cox) EPA, Atlanta, GA (Ted Bisterfeld) FWS/R4:TMcCartney:TM:09/04/01:919/856-4520 extension 32:\U-3849.tip A-9 COMINION NAINIE SCIENTIFIC NAME STATUS CUMBERLAND COUNTY Vertebrates Bachman's sparrow Aimophila aestivalis FSC American alligator Alligator mississippiensis T(S/A) Southern hop nose snake Heterodon simus FSC* Red-cockaded woodpecker Picoides borealis Endangered Northern pine snake Pituophis melanoleucus melanoleucus FSC** Invertebrates Atlantic pigtoe Fusconaia masoni FSC Yellow lampmussel Lampsilis cariosa FSC Saint Francis' satyr Neonympha mitchellii francisci Endangered Vascular Plants Georgia indigo-bush (=Georgia Amorpha georgiana var. georgiana FSC leadplant) Sandhills milkvetch Astragalus michaurii FSC Venus flytrap Dionea muscipula FSC Resinous boneset Eupatorium resinosum FSC Small-whorled pogonia Isotria medeoloides Threatened- White wicky Kalmia cuneata FSC Sandhills bog lily Lilium iridollae FSC Pondberry (=Southern spicebush) Lindera melissifolia Endangered Bog spicebush Lindera subcoriacea FSC Pondspice Litsea aestivalis FSC Boykin's lobelia Lobelia boykinii FSC Rough-leaved loosestrife Lysimachia aspendaefolia Endangered Loose watermilfoil Myriophyllum !arum FSC Savanna cowbane Oxvpolis ternata FSC Carolina grass-of-pamassus Parnassia caroliniana FSC Wavyleaf wild quinine Parthenium radfordii FSC Conferva pondweed Potamogeton confervoides FSC Spiked medusa Pteroglossaspis ecristata FSC Sandhills pyxie-moss Pyxidanthera barbulaia var. brevisryla FSC Awned meadowbeauty Rheria aristosa FSC Michaux's sumac Rhus michauxii Endangered American chaffseed Schwalbea americana Endangered v Carolina goldenrod Solidago pulchra FSC Spring-flowering goldenrod Solidago verna FSC Pickering's dawnflower Stylisma pickeringii var. pickeringii FSC Carolina asphodel Tofieldia glabra FSC Roughleaf yellow-eyed grass Xyris scabrifolia F S C Januarv 15, 1999 A-10 Page 1 -5 of 4: DEPARTMENT OF ENVIRONMENT AND Project Number NATURAL RESOURCES Ol E- oos" DIVISION OF ENVIRONMENTAL HEALTH County Inter-Agency Project Review Response Project Name 4?L Type of Project z6)' /.7,•15 ? The applicant should be advised that plans and specifications or all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C .0300et. seq.). For information, contact the Public Water Supply Section, (919) 733-2321. ? This project will be classified as a non-community public water supply and must comply with state and federal drinking water monitoring requirements. For more information the applicant should contact the Public Water Supply Section, (919) 733-2321. ? If this project is constructed as proposed, we will recommend closure of feet of adjacent waters to the harvest of shellfish. For information regarding the shellfish sanitation program, the applicant should contact the Shellfish Sanitation Section at (252) 726-6827. ? The soil disposal area(s) proposed for this project may produce a mosquito breeding problem. For information concerning appropriate mosquito control measures, the applicant should contact the Public Health Pest Management Section at (252) 726-8970. ? The applicant should be advised that prior to the removal or demolition of dilapidated structures, a extensive rodent control program may be necessary in order to prevent the migration of the rodents to adjacent areas. For information concerning rodent control, contact the local health department or the Public Health Pest Management Section at (919) 733-6407. ? The applicant should be advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et. sep.). For information concerning septic tank and other on-site waste disposal methods, contact the On-Site Wastewater Section at (919) 733-2895. ? The applicant should be advised to contact the local health department regarding the sanitary facilities required for this project. If existing water lines will be relocated during the construction, plans for the water line relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North Carolina 27699-1634, (919) 733-2321. For Regional and Central Office comments, see the reverse side of this form. Reviewer j ectio /Branch Date A-11 NATURAL RESOURCES DIVISION OF ENVIRONMENTAL HEALTH Inter-Agency Project Review Response Project Named Comments provided by: Project Number ? - ovs County ? j w act 'te"O"4tzeuz ? Regional Program Person ? 4d`' ?>' .. J ...rQ? Regional Engineer for Public Water Supply ???fion ot? ?r ? Central Office program person Name: n 1AU Date: Telephone number: ` - Program within Division of Environmental Health: ? Public Water Supply ? Other, Name of Program: ZN se (check all applicable): objection to project as proposed ? No comment ? Insufficient information to complete review ? Comments attached ? See comments below Return to: Public Water Supply Section Environmental Review Coordinator for the Division of Environmental Health l A-12 Mate OT North Carolina HIMENR Department of Environment and Natural Resources INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS Project Number: 0')-F--400fq G Due Date: . After review of this project it has been determined that the DENR permit(s) and/or approvals indicated may need to be obtained in order t to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the revers All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Norrr (StatL Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction facilities, sewer system extensions & sewer systems contracts. On-site inspection. Post-application technical conference usual. not discharging into state surface waters. NPDES-permit to discharge into surface water and/or Application 180 days before begin activity. On-site inspection preapplication permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater treatment S discharging into state surface waters. facility-granted after NPDE5. Reply time, 30 days after receipt of plans or issue of NPDES permit-whichever is later. Water Use Permit Preapplication technical conference usually necessary Well Construction Permit Complete application must be received and permit issued prior to the installation of a well. Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. On-site inspection. Preappiication conference usual. Filling may require Easement to Fill from N.C. Department of Administration and Federal Dredge and Fill Permit. Permit to construct & operate Air Pollution Abatement facilities and/or Emission Sources as per 15 A NCAC N/A (2Q.0100, 2Q.0300, 2H.0600) Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D.1900 Demolition or renovations of structures containing asbestos material must be in compliance with 15 A NCAC 2D.1110 (a) (1) which requires notification N/A and removal prior to demolition. Contact Asbestos Control Group 919-733-0820. -- Complex Source Permit required under 15 A NCAC 20.0800 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation control plan will be required if one or more acres to be disturbed. Plan filed with prow Regional Office (Land Quality SectionYatkeestJ6- . 1 ° " cayrbeiwe beginning activity. A4ee cLS4(Lf *h F«* arrP r a - -- - - E S T r . .; J 0 :.,. The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referenced Local Ordinance. I Mining Permit On-site inspection usual. Surety bond filed with DENR. Bond amount varies with type mine and number of acres of affected land. Any are mined greater than one acre must be permitted. The appropriate bond must be received before the permit can be issued. North Carolina Burning permit On-site inspection by N.C. Division of Forest Resources if permit exceeds 4 days Special Ground Clearance Burning Permit-22 counties On-site inspection by N.C.Division of Forest Resources required V more than five in coastal N.C..with organic soils. acres of ground clearing activities are involved. Inspections should be requested at least ten days before actual burn is planned.' Oil Refining Facilities N/A Dam Safety Permit If permit required, application 60 days before begin construction. Applicant must hire N.C.qualified engineer to: prepare plans, inspect construction, certify construction is according to DENR approved plans. May also require permit under mosquito control program, and a 404 permit from Corps of Engineers. An inspection of site is necessary to verify Hazard Classification. A minimum fee of $200.00 must accompany the application. An additional processing fee based on a percentage or the total project cost will be required upon completion. A-13 PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Prc:e: :i Time -'? Permit to drill exploratory oil or gas well File surety bond of $5,000 with DENR running to State of N C di (Statutory Time Limit) . . con tional that any well opened by drill operator shall, upon abandonment, be plugged according 1 days to DENR rules and regulations. ( N/A) Geophysical Exploration Permit Application filed with DENR at least 10 days prior to issue of permit. Application 10 days by letter. No standard application form, (N/A) State Lakes Construction Permit Application fees based on structure size is charged. Must include descriptions & drawings of structure & proof of ownership of riparian property. 20 days L 15 - / (N/A) 401 Water Quality Certification N/A 55 days (130 days) it for MAJOR development $250.00 fee must accompany application 60 days 7 (130 days) CAMAPermit for MINOR development T $50.00 fee must accompany application 22 days (25 days) Several geodetic monuments are located in or near the project area. If any monument needs to be moved or destroyed, please notify: N.C. Geodetic Survey, Box 27687 Raleigh, N.C. 27611 Abandonment of any wells, if required must be in accordance with Title 15A. Subchapter 2C.0100 ! Notification of the proper regional office is requested if 'orphan" underground storage tanks (USTS) are discovered during any excavation operation. F-1I Compliance with 15A NCAC 2H 1000 (Coastal Stormwater Rules) is required. 1 Other comments (attach additional pages as necessary, being certain to cite comment authority) REGIONAL OFFICES 45 days (N/A) Questions regarding these permits should be addressed to the Regional Office marked below. ? Asheville Regional Office ? Mooresville Regional Office ? Wilmington Regional Office 59 Woodfin Place_ 919 North Main Street 127 Cardinal Drive Extension Asheville, N.C.28801 Mooresville, N.C.28115 Wilmington, N.C.28405 (828) 251-6208 (704) 663-1699 (910) 395-3900 ? Fayetteville Regional Office ? Raleigh Regional Office ? Winston-Salem Regional Office 225 Green Street, Suite 714 3800 Barrett Drive, P.O. Box 27687 585 Waughtown Street Fayetteville, N.C.28301 Raleigh, N.C.27611 Winston-Salem, N.C.27107 (910) 486-1541 (919) 571-4700 (336) 771-4600 ? Washington Regional Office 943 Washington Square Mall Washington, N.C.27889 (252) 946-6481 S A-14 E North Carolina Wildlife Resources Commission P Clarks R. Fullwtod, Executive Director MEMORANDUM TO: Melba McGee Office of Legislative and Intergovernmental Affairs, DENR FROM: David Cox, Highway Project C r Habitat Conservation Program - DATE: September 28, 2001 SUBJECT: Request for information from the N. C. Department of Transportation (NCDOT) regarding fish and wildlife concerns for SR 1363 (Elk Road) widening and extension, from SR 1132 (Legion Road) to T-95 Business/US 301, Cumberland County, North Carolina. TIP No. U-3849, SCll Project No. 02-E-0059. This memorandum responds to a request from Mr. William D. Gilmore of the NCDOT for our concerns regarding impacts on fish and wildlife resources resulting from the subject project. Biologists on the staff of the N. C. Wildlife R.csources Commission (NCWRC) have reviewod the proposed improvements. Our comments are provided in accordance with certain provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U,S.C. 661-667d). We have no specific concem8 regarding this project. However, to help facilitate document preparation and the review process, our general informational needs are outlined below: l . Description of fishery and wildlife resources within the project area, including a listing of federally or state designated threatened, endatlgered, or special concern species. Potential borrow areas to be used for prajrj4t construction should be included in the inventories. A listing of designated plant species can be developed through consultation with: The Natural Heritage Program N. C. Division of Parks and Recreation 1615 Mail Service Center Raleigh, N. C. 27699-1615 (919) 733-7795 Mailing Add ress_ Division of Inland Fisheries a '_721 Mail ServiccCenter - Raleigh, NC 27699-1721 Telephone: (919) 733-3633 c A-15 rax: (919) 715-7643 Memo and, 2 September 28, 2001 NCDA Plant Conservation Program P. 4. Box 27647 Raleigh, N. C. 27611 (919) 733-3614 2. Description of any streams or wetlands affected by the project. The need for channelizing or relocating portions of streams crossed and the extent of such activities. 3. Cover type maps showing wetland acreages impacted by the project. Wetland acreages should include all project-related areas that may undergo hydrologic change as a moult of ditching, other drainage, or filling for project construction. Wetland identification may be accomplished through coordination with the U. S.. Army Corps of Engineers (COE). if the COE is not consulted, the perion delineating wetlands should be identified and criteria listed. 4. Covcr type maps showing acreages of upland wildlife habitat impacted by the proposed pmject. Potential borrow sites should be included. 5. The extent to which the pprn'eet will result in loss, degradation, or fragmentation of wildlife habitat (wetlands or uplands). 6. Mitigation for avoiding, minimizing or compenuating for direct and indirect degradation in habitat quality as well as quantitative losses. 7. A cumulative impact assessment section which analyzes the environmental effects of highway constmetion and quantifies the contribution of this individual project to cuvirontnental degradation. 8. A discussion of the probable impacts on natural resources which will resuit from secondary development facilitated by the improved road access. 9. If construction of this facility is to be coordinated with other state, municipal, or pri vate development projects, a description of these projects should be included in the environmental document, and all project sponsors should be identified, Thank you for the opportunity to provide input in the early planning stages for this project. If we can further assist your office, please contact me at (919) 528-9886. cc: USFWS, Raleigh A-16 North Carolina Department of. Administration Michael F. Easley, Governor September 6, 2001 Gwynn T. Swinson, Secretary Mr. William Gilmore N.C. Dept. of Transportation Project Dev. & Env. Analysis Branch Transportation Bldg. - 1548 MSC Raleigh, NC 27699-1548 Dear Mr. Gilmore: t V F? CMG OCT 5 2n-m L? 'ate."V ;t i,i?> Re: SCH File 02-E-4220-0059; Scoping Proposed Improvements to SR 1363 (Elk Road) in Cumberland Co.: TIP# U-3849 The above referenced project has been reviewed through the State Clearinghouse Intergovernmental Review Process. Attached to this letter are comments made by agencies reviewing this document. Should you have any questions, please do not hesitate to call me at (919) 807-2425. Attachments cc: Region M Sincerely, 6?z 6%;? e? Ms. Chrys Baggett Environmental Policy Act Coordinator 116 West Jones Street Raleigh, North Carolina 27603-8003 Telephone 919-807-242-5 An Equal Opportunity ! Affirmative Action Employer A-17 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 a IN REPLY REFER TO June 22, 2001 Regulatory Division Subject: Action ID No. 200100862 Mr. William D. Gilmore, P.E., Manager North Carolina Department of Transportation Project Development & Environmental Analysis 1548 Mail Service Center Raleigh, N.C. 27699-1548 Dear Mr. Gilmore: I am responding to your Memorandum to David Timpy. dated May 23, 2001 requesting scoping comments on TIP Project U-3849, SR 1363 (Elk Road), from SR 1132 (Legion Road) to I- 95 Business (US 301), Cumberland County, North Carolina. A site visit was conducted on June 14, 2001 to identify and determine the extent of jurisdictional areas and to become acquainted with the proposed project. As a result of the site visit, jurisdictional areas as defined at 33 CFR 328.3(a) were identified at the proposed project site. Therefore, Department of the Army (DA) permit authorization pursuant to Section 404 of the Clean Water Act of 1977, as amended, will be required for the discharge of dredged, excavated or fill material into waters of the United States, including wetlands associated with this project. Based on the information provided in the reference memorandum and the site visit, it appears that the proposed project will involve the crossing of two un-named tributaries to Little Rockfish Creek. The extent of these jurisdictional areas should be delineated in the field and identified in the project planning report (Environmental Assessment). An assessment of the proposed impacts from this project should contain the amount of both permanent and temporary impacts to surface waters and wetlands and should indicate quantities by type (e.g. wetland verses stream). If concrete structures are a component of this project, methods must be employed to avoid any contact of "live" concrete with surface waters and all instream construction should be conducted in the "dry" by use of stream diversion methods. If temporary stream diversions are to be utilized, a plan and description should be provided showing the proposed structure and method of diversion. A restoration plan will be required showing how the diversion area will be returned to pre-construction conditions following the completion of the project. If restoration involves revegatation of the disturbed area, the plan should include a planting scheme using only endemic vegetation The type of authorization and any specific permit requirements will depend on the crossing design, extent of the fill work within jurisdictional areas, construction methods and other public interest and environmental factors. Based on the site visit, project description in the above A-18 A 1 referenced memorandum and the apparent level of aquatic resource impacts associated with the proposed project, coordination pursuant to the integrated NEPA/Section 404 merger agreement does not appear to be warranted. We appreciate this opportunity to provide you with our scoping comments. Should you have any questions or wish to discuss our comments further, please call Mr. Richard K. Spencer at the Wilmington Field Office at 910-251-4172. Sincerely, E. David Franklin Chief, NCDOT Team Copies Furnished: Ms. Beverly Robinson ? NC Department of Transportation Project Development & Environmental Analysis 1548 Mail Service Center Raleigh, N.C. 27699-1548 Mr. Garland Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. David Cox North Carolina Wildlife Resources Commission Habitat Conservation Program 1142 1-85 Service Road Creedmoor, North Carolina 27564 Mr. John Dorney NCDENR-DWQ Wetlands Section 1650 Mail Service Center Raleigh, NC 27699-1621 A-19 APPENDIX B 11/03/2003 16:42 910-486-1077 NC DOT R/W DIV 6 PAGE 02/02 RELOCATION REPORT North arolina Department of Transportation ARE4 RELOCATION OFFICE E.I.S. CORRIDOR DESIGN PROJECT: 8.2443601 COUNTY Cumberland Altemate 1 of 1 Alte_mate TD_ N U-3849 F.A. PROJECT STP-1363 3 DESCRIPTION OF PROJECT: Secondary Road 1363 (Elk Road) from S R 1132 egion Road io 1-95. Business! US 301 :a....:r:;:..:..... ,: .. 15TIiNATE?f 16 r..:... ....:: i:::: •? .,r:: Type Usplacees Owners Tenants Total Minorities 0.15M 15-25M 25-35M 35-50M 50 UP Residential 8 1 g 5 1 9 Businesses 0 0 0 "`.;v4uFaFiyweht yi:a'; ` ='I;:; d,<,.,aMftrljaiVi?riuut, ,:,.,-„E ., Farms 0 0 0 0 owners Tenants' For Sale For Rent Non-Profit 0 0 0 p a2oM i so-ISO 0-2061 in a o•1s0 p ° a =X aie arc ••rrs- answers. X I. Will special relocation services be necessary? X, 2• Will schools or churches be affect by displacement? X 3. Will business swYk,;es still be available after s Il,tkiilur,i. II I project? 4. Will any business be dispiaoed? If so, f l t" ' iit ? indicate size, tYPP• estimated number of ,,ila i=' tl k employees, minorities, etc. X 5. Will relocation cause a housing shortage? `' i • 0. Source for available housing (list). X 7. Will additional housing programs be needed? X 8. . Should Last Resort Housing be considered? X 8. Are there large, disabled, elderly, etc. :ICI I;i: h. 11 families? X 10. Will public housing be needed for project? X 11. Is public housing available? X 12. Is it felt there will be adequate DSS housing housing available during relocation period?' X 13. Will there be a problem of housing wW)ln financial means? X 14. Are suitable business sltes available (list t:!! II ; source). lei 1IIBnI, lihk . i?in . ,IgIIN ir: 5, Number months estimated to complete RELOCA11ON"' 18-24 Months w 20-40m 190-2660 20-40*1 100 1506250 20 40-70M 250-400 40-70ei 0n 600 2501 TO-loom 1 40000 7a100M g00 400.000 200 r 6600 UP 9 too up, coo up 250" ToTAt :2,420 510 ;IkE?Ni I I j " *Note: The 0-20 M ()wel ' lu®) Is a>r;andc ned , 3. No Buslnesil e ected 6 & 14. MLS, Local Ite' itors, Newspapers., etc. 8. As mandated Law 9. Number Unk io rn 11. Cumberland C unty 12. Or Built if ne; sarv rive d Date, glnal tt 1 Copy. Fate Reoocation Agertt. 2 Copy Ft ght of'wey offtre B-1 All property acquisitions are subject to the Uniform Relocation and Real Property Acquisitions Policies Act of 1970, as amended. This Act provides for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by Federal and federally-assisted programs, and establishes uniform and equitable land acquisitions policies. Relocation assistance payments and counseling will be provided to persons and businesses in accordance with the Federal Uniform Relocation Assistance and Real Properties Acquisitions Policies Act, as Amended, to ensure adequate relocation and a decent, safe, and sanitary home for displaced residents. All eligible displacees will be entitled to moving expenses. All benefits and services will be provided equitably to all residential and business relocatees without regard to race, color, religion, age, national origins and disability as specified under Title VI of the Civil Rights Act of 1964. When relocation is necessary, it is the policy of NCDOT to ensure that comparable replacement housing will available prior to construction of state and federally-assisted projects. Furthermore, the North Carolina Board of Transportation has the following three programs to minimize the inconvenience of relocation. *Relocation Assistance, *Relocation Moving Payments, and *Relocation Replacement Housing Payments or Rent Supplement. These regulations and programs help ensure that property owners are compensated fairly for the loss of value of their property. B-2 U) w W J LLJ U/ O z a w _J f- _U r) Lij ry a. Lo i col ? oe M ? 0 = I M O ( i 1 0 C0 v M N 1 O W *k ° o "1 00 0) i U) 1 CC) ?I U W :. O F- O ? T7 Cl) ~ ! d. p CY) W o O)l 0 ; ° LO, 0 j ? ' ^ O M ! 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C40 W W W W F N N N F N D1 F"' N N N p F N O O U U U U C:) U a¢ ¢ ? U 0 U ¢ a C) U . p .. c . w La ¢ W w Q W W ¢ L 7 C:7 F- _ E- CG -_ ¢ W o o - T r ¢ W tf) w - C:W F C1 z pa 0 Z m O z q z ?z ?z z W Cl) N II O C w V) N II O O w cn N I I O C W n N 11 O O W 1 W A ¢ n h ? [.1 C u z N C4 u z N u z 'l- N u z CD o o - o 0 0 0 0 0 - o 0 0 N W N LLl N N r C+ L cl C1 W Vo - O O w v'? ?t N 7 N W CIO , W) N n N _ W i O C O O O ^ z z z N O_ p vMi O_ O N N O_ O N N O p h vr"'i L L G? W W W _ W a x C\ X CN C-4 C14 X ON C,4 C14 J OO O O G L1 ? G W rr C. W v _ GL` U O U C O U O O z C4 0 v o o 0 v o o 0 v o o 0 ? o c 70 Cis ' 'o ? C ' o N C V] r. C/? ,.. V] ? V] .2 Ob .- to ¢ tb , N N N N M - M M M z c? z z z o z x o x o C4 o _ cn _ F V _ E^ J ul _ cn L ° .. C4, C4 U W w u Gi. '? U Gz .N 50 W QQ v x1 04 m W .. 03 Z -p m xkr) (A w° 03 ? W Q v d G'ke) ? a ° LL, w^ " F Mo M Mo Mo M c o M w M r+r m cn = M V] M cn 04 O N+ Q Q? O O C4 O C m 0 O N z w ° E a O N y v N "z ca ? w U c C1 r E- c _ ? L i N L C3 U c a c .n T T N ? N N a ^ fV kn PO F WATF Michael F. Easley, Governor O 'QQG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director > . l Division of Water Quality May 11, 2004 MEMORANDUM To: Melba McGee / From: John Hennessy 1, ?j? Subject: Comments on the Environmental Assessment to construct the Widening of SR 1363 (Elk Road) from Legion Road (SR 1132) to I-95 Business/US 301 in Cumberland County, Federal Aid Project STP-1363(3), State Project No. 8.2443601, TIP U-3849, DENR Project Number 04-0305. This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S., including wetlands. It is our understanding that the preferred alternative, as presented in the EA, will result in impacts to jurisdictional wetlands and streams. The project will have impacts to wetlands, streams, and other surface waters associated with: Stream Name River Basin Stream Classification(s) Stream Index Number Rockfish Creek Cape Fear C 03-06-15 The DWQ offers the following comments based on review of the aforementioned document: A) The document does present any mapping that shows the location of wetlands and streams. In addition, the document does not give any specified amount of anticipated impacts to wetlands and streams. Until the DWQ has: 1) a map that clearly displays all the wetlands, streams, and other surface waters located in the project, with the proposed project superimposed onto those resources, and 2) a table of anticipated impacts that are resultant from the proposed design, we cannot agree that appropriate avoidance and minimization has occurred for this project. As such, issuance of the 401 Water Quality Certification for this project could be delayed until the information is provided to the DWQ for review, and we are convinced that all appropriate avoidance and minimization has occurred for this project. B) After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practical. Based on the impacts described in the document, wetland mitigation will be required for this project in accordance with Environmental Management Commission's Wetland Rules 11 5A NCAC 2H.0506 (h)(2) }. C) In accordance with the Environmental Management Commission's Rules 115A NCAC 2H.0506(b)(6) }, mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation is required, the mitigation plan should be designed to replace appropriate lost functions and values. In accordance with the Environmental Management Commission's Rules 115A NCAC 2H.0506 (h)(3)}, the NC Ecosystem Enhancement Program may be available for use as stream mitigation. N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1-800-623-7748 O?O? \ NA T??QG ?r 7 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director D) Sediment and erosion control measures should not be placed in wetlands. E) Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to wetlands in borrow/waste areas could precipitate compensatory mitigation. F) Future documentation should include an itemized listing of the proposed wetland and stream impacts with corresponding mapping. G) An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The -- - - type and detail of analysis-should conform to, the NC Division of Water Quality Policy on-the assessment of--- - - -- secondary and cumulative impacts dated April 10, 2004. H) Based on the information presented in the document, the magnitude of impacts to wetlands and streams will require an Individual Permit application to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final permit authorization will require the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ. Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the maximum extent practical, the development of an acceptable stormwater management plan, and the inclusion of appropriate mitigation plans where appropriate. The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require any additional information, please contact John Hennessy at (919) 733-5694. cc: Eric Alsnieyer, Corps of Engineers Washington Field Office Gary Jordan, USFWS Travis Wilson, NCWRC John Hennessy, NCDWQ File Copy c:\ncdot\TIP U-3849\comments\U-3849 EA comments.doc N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-1786 Customer Service: 1-800-623-7748 A +* t Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 ADMINISTRATIVE ACTION ENVIRONMENTAL ASSESSMENT U.S. Department of Transportation Federal Highway Administration and N.C. Department of Transportation Division of Highways 2- 2?Oy Date 311-11OZI ate roA'Gregory J. Thorpe, Ph.D. Environmental Management Director, PDEA / V YL-- John F. V Ivan III Division Administrator, FHWA Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 ENVIRONMENTAL ASSESSMENT Document Prepared in the Project Development and Environmental Analysis Branch by: Beverly G. Robi son Project Develwment Engineer •??•-? CARO,?-''•• °o? •• 'nq ••? ?.•'??* •.•© E5St SE AL Ja Ls A. McInnis, Jr., P. E. 20701 Project Development Unit Head ?:• ?F?? M *%14 G? X1+'1 ? ?? ?' 2?u/ 04 F . . . , TABLE OF CONTENTS Page Project Commitments .................................................................................i Summary ........................................................ .................................... ii I. Description of.the Proposed Action ............................................. .................... A. Project Purpose .................................................................................... 1 B. General Description ............................................................................. 1 C. Cost Estimate ...................................................................................... 1 II. Need for Project ............................................................................................... 1 1. Traffic Volumes ....................................................................... 1 2. Capacity ................................................................................... 2 3. Accident Analysis .................................................................... 2 4. Thoroughfare Plan ................................................................... 2 III. Existing Conditions .......................................................................................... 2 A. Existing Typical Section ............................................... ....................... B. Existing Right of Way ......................................................................... 2 C. Access Control ..................................................................................... 3 D. Speed Limits ......................................................................................... 3 E. Functional Classification ..................................................................... 3 F. Utilities ................................................................................................. 3 G. Interesting Roads and Types of Control .............................................. 3 H. Sidewalks ............................................................................................. 3 I. School Bus Data .................................................................................. 3 IV. Proposed Improvements ................................................................................... 3 A. Project Length ...................................................................................... 3 B. Proposed Typical Section .................................................................... 3 C. Proposed Alignment ............................................................................. 4 D. Right of Way ........................................................................................ 4 E. Access Control ..................................................................................... 4 F. Design Speed ....................................................................................... 4 G. Types of Intersection Control/Improvements ...................................... 4 H. Cost Estimates ..................................................................................... 5 - I. Sidewalks ............................................................................................ 5 J. Bicycle Accommodations ................................................................... 5 . . TABLE OF CONTENTS (Continued) V. Alternatives to the Proposed Action ................................................................ 5 A. Design Alternatives .............................................................................. 5 B. "No-Build" Alternative ........................................................................ 5 C. Alternate Modes of Transportation ...................................................... 5 VI. Adjacent Projects ............................................................................................. 6 VII. Evaluation of Environmental Effects ............................................................... 6 A. Cultural Resources ............................................................................... 6 1. Historic Architectural Resources ............................................. 7 2. Archaeological Resources ....................................................... 7 B. Social/Economic Effects ...................................................................... 7 1. Relocation of Homes and Businesses ...................................... 7 2. Neighborhood Cohesion ......................................................... 7 3. Public Facilities ....................................................................... 8 4. Environmental Justice ............................................................. 8 5. Economic Effects .................................................................... 9 C. Land Use ............................................................................................. 9 D. Farmland Impacts ................................................................................. 9 E. Secondary/Cumulative Impacts ........................................................... 10 F. Natural Resources ................................................................................ 10 1. Biotic Resources ...................................................................... 10 2. Terrestrial Communities .......................................................... 10 a. Disturbed Communities ............................................... 11 b. Alluvial Floodplain ...................................................... 11 3. Aquatic Communities .............................................................. 12 4. Anticipated Impacts to Biotic Resources ................................. 12 5. Water Resources ...................................................................... 12 a. Characteristics of Water Resources ............................. 12 b. Best Usage Classification ............................................ 13 6. Water Quality .......................................................................... 13 7. Summary of Anticipated Impacts to Water Resources ............ 13 R i f TABLE OF CONTENTS (Continued) 8. Jurisdictional Topics ................................................................ 14 a. Waters of the Unites States .......................................... 14 b. Characteristics of Wetlands and Surface Waters ......... 14 C. Summary of Anticipated Impacts ................................ 14 d. Permits ......................................................................... 15 e. Avoidance, Minimization and Mitigation ................... 15 9. Protected and Rare Species ...................................................... 15 a. Federally-Protected Species ......................................... 15 b. Federal Species of Concern and State Listed Species 21 G. Flood Hazard Evaluation ..................................................................... 23 H. Section 4(f) Resources ........................................................................ 24 I. Traffic Noise Analysis ........................................................................ 24 J. Air Quality Analysis ............................................................................ 26 K. Hazardous Material Involvement and Underground Storage Tank Facilities ............................................................................................... 28 VIII. Comments, Coordination, and Public Involvement ......................................... 28 Figures Figure 1 Vicinity Map Figure 2 Aerial Mosaic Figure 3a 2006/2025 Traffic Volumes Without Improvements Figure 3b 2006/2025 Traffic Volumes With Improvements Figure 4a Lane Configuration Diagram Figure 4b Lane Configuration Diagram Figure 4c Lane Configuration Diagram Figure 5 Southview Middle and High School Recommended Campus Layout Figure 6 Thoroughfare Plan Figure 7 Flood Plain Map Figure 8 Typical Section Tables 1 LOS With and Without Proposed Improvements ........................................... 2 2 Anticipated Impacts to Biotic Communities .................................................... 12 3 Federally Protected Species for Cumberland County ...................................... 16 4 Federal Species of Concern ............................................................................. 22 Appendix A Appendix B Project-Commitments Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland-County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 Project Development and Environmental Analysis Branch The North Carolina Department of Cultural Resources, State Historic Preservation Office (SHPO) requested a review of the final plans if any of the widening project occurred on new location. The design plans will be forwarded to SHPO for further review. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" for the federally- protected St. Francis' satyr, Pondberry, and Michaux's sumac prior to completion of the final environmental document for the project. Division 6 Sidewalks are proposed on the south side of Elk Road from Legion Road to Cameron Road/Gillespie Road. The City of Fayetteville has committed to participate in the cost of sidewalks in accordance with NCDOT's Pedestrian Policy. 4.2 meter (14-foot) outside lanes are proposed to provide additional width to accommodate bicycles. Side slopes at streams and wetland areas along this project will be at 2:1 in order to minimize impacts. Environmental Assessment U-3849 February 2004 i Page 1 of 1 ;.. r :: '.. Hope Mills SR 1363 (Elk Road) Widening to Multi-lane Facility From Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994.1.1 TIP Project U-3849 SUMMARY 1. Description of the Proposed Action The North Carolina Department of Transportation, Division of Highways proposes to widen SR 1363 (Elk Road) to a four-lane median divided facility with curb and gutter, from SR 1132 (Legion Road) to SR 1242/SR 1131 (Gillespie Road/Cameron Road) and extend Elk Road on new location between Gillespie Road/Cameron Road and I-95 Business/US 301. The project is approximately 1.5 miles long. The proposed project is included in the 2004-2010 North Carolina Transportation Improvement Program (TIP). Right 6f way acquisition is scheduled for Fiscal Year (FY) 2004 and construction in FY 2006. The current estimated cost for the proposed project is $10,669,000 which includes $6,700,000 for construction and $3,969,000 for right of way acquisition. The cost included in the 2004-2010 TIP is $12,265,000 which includes $4,615,000 for right of way acquisition and $7,650,000 for construction. 2. Summary of Environmental Impacts The widening and extension of Elk Road will result in the relocation of nine residences. Less than 1.0 acre (0.4 ha) of wetlands will be impacted as a result of the widening and extension of Elk Road. 3. Alternates Considered The following alternatives were considered in the development of the project. Alignment All widening improvements are proposed along existing (Elk Road) SR 1363. Elk Road will be extended from (Cameron Road) SR 1131/(Gillespie Road) SR 1242 to I-95 Business/US 301 at SR 2273. Typical Section A four-lane curb and gutter section was the only typical section studied for the proposed project. This typical section will provide a 3.7 meter (12-foot) inside lane and a 4.3 meter (14-foot) outside through lane in each direction and a variable 5.3 to 6.7 meter (17.5 to 22 foot) median. No Build The No Build option was rejected as the existing facility will not effectively serve the projected volumes. 4. Coordination The following federal, state and local agencies and officials were consulted regarding this project. U.S. Army Corps of Engineers - Wilmington Environmental Protection Agency, Region VI U.S. Fish and Wildlife Service U.S. Department of Interior U.S. Geological Survey Mid Carolina Council of Governments Cumberland County Commissioners Mayor of Fayetteville Mayor of Hope Mills N.C. Department of Cultural Resources N.C. Wildlife Resources Commission N.C. Division of Water Quality 5. Additional Information Additional Information concerning the proposed project and assessment can be obtained by contacting the following: Gregory J. Thorpe, Ph.D. Environmental Management Director Project Development and Environmental Assessment Branch N.C. Department of Transportation 1548 Mail Service Center Raleigh, North Carolina 27699-1548 (919) 733-3141 John F. Sullivan III Division Administrator Federal Highway Administration 310 New Bern Avenue, Suite 401 Raleigh, North Carolina 27601-1442 (919) 856-4346 IV Hope Mills SR 1363 (Elk Road) Legion Road (SR 1132) to I-95 Business/US 301 Cumberland County Federal-Aid Project STP-1363(3) State Project 8.2443601 WBS Element 34994. 1.1 TIP Project-U-3849 1. DESCRIPTION OF THE PROPOSED ACTION A. Project Purpose The purpose of this project is to reduce congestion and improve safety on SR 1363 (Elk Road) and improve access to I-95 Business/US 301 for southwest Fayetteville and Hope Mills. B. General Description The North Carolina Department of Transportation, Division of Highways proposes to widen existing SR 1363 (Elk Road) to a four-lane median divided facility with curb and gutter, from SR 1132 (Legion Road) to SR 1242 (Gillespie Road)/SR 1131 (Cameron Road) and extend Elk Road from SR 1242/SR 1131 approximately 100.6 meters (330 feet) eastward to I-95 Business/US 301. The project is approximately 2.4 kilometers (1.5 miles) long. The proposed project is included in the 2004-2010 North Carolina Transportation Improvement Program (TIP). Right of way acquisition is scheduled for Fiscal Year (FY) 2004 and construction is scheduled for FY 2006. C. Cost Estimates The current estimated cost for the proposed project is $10,669,000 which includes $6,700,000 for construction and $3,969,000 for right of way acquisition. -The cost included in the 2004-2010 TIP is $12,265,000, which includes $4,615,000 for right of way acquisition and $7,650,000 for construction. II. NEED FOR PROJECT 1. Traffic Volumes Without the proposed improvements, the 2006 Average Daily Traffic (ADT) along Elk Road ranges from 12,200 vehicles per day (vpd) to 13,100 vpd. For the design year (2025), the estimated traffic volume ranges from 20,500 vpd to 21,600 vpd. With the proposed improvements, 2006 volumes range from 10,800 to 13,100 vpd and 2025 volumes range from 17,000 to 21,600 vpd (see Figures 3a and 3b). 2. Capacity A capacity analysis was performed for the proposed project. to predict the level of service (LOS). Without construction of the proposed project, Elk Road will operate at LOS D in 2006 and a LOS E in 2025. Due to the proximity of signalized intersections along the facility the signalized intersections will govern the operational capacity of Elk Road with the proposed improvements. Table 1 lists the design and construction year LOS without the proposed improvements and the design year (2025) LOS with the proposed improvements. See Figures 4a-4c for proposed lane configurations. Table 1 LOS With and Without Proposed Improvements Intersections 2025 LOS with improvements 2006 LOS without improvements 2025 LOS without improvements Legion Road D C E Cameron Road/Gillespie Road D F D I-95 Business/US 301 B N/A N/A 3. Accident Analysis During the three year period from May 2000 to April 2003 there were 47 accidents reported on Elk Road. Forty percent of the accidents reported were rear end, slow, or stop type collisions. The accident rate along Elk Road for this time period was 459.40 accidents per 100 million vehicle mile (acc/100mvm). Compared to the statewide rate of 479.25 accidents per 100 million vehicle mile for urban secondary routes, Elk Road is slightly below the statewide rate. 4. Thoroughfare Plan The proposed project is classified as an urban minor arterial and is consistent with the Fayetteville Urban Area Thoroughfare Plan, which was adopted by local governments and NCDOT. See Figure 6. III. EXISTING CONDITIONS A. Existing Typical Section The existing typical section along Elk Road is a two to three lane roadway with grass shoulders. B. Existing Right of Way The existing right of way on Elk Road varies from 18.3 meters (60 feet) to 30.5 meters (100 feet). 2 C. Access Control Existing Elk Road has no control of access. D. Speed Limits The existing speed limit along Elk Road is 35 miles per hour. E. Functional Classification Elk Road is classified as an Urban Minor Arterial in the North Carolina functional classification system. F. Utilities The utility impact rating is estimated to be medium. Utilities along Elk Road include telephone, underground power, water, sanitary sewer, and fiber optic cable lines. G. Intersecting Roads and Types of Control There are four T-intersections along Elk Road that are stop sign controlled. Legion Road and Cameron Road/Gillespie Road are major "T" intersections with Elk Road. Legion Road is currently signalized. Cameron Road/Gillespie Road is stop sign controlled. H. Sidewalks There are no existing sidewalks along Elk Road. 1. School Bus Data Approximately 10 buses use Elk Road from Legion Road to Cameron Road/ Gillespie Road. Each of these buses makes approximately 2 to 4 trips per day for Southview Middle and High Schools. IV. PROPOSED IMPROVEMENTS A. Project Length The total project length is 2.4 kilometers (1.5 miles). B. Proposed Typical Section A four lane median divided facility is proposed for Elk Road from Legion Road to I-95 Business/US 301. The median width will vary from 5.3 to 6.7 meters (17.5 to 22 3 feet). Inside lanes will be 3.6 meters (12 feet) wide and outside lanes will be 4.2 meters (14 feet) wide in order to accommodate bicycles (see Figure 8). C. Proposed Alignment No changes to the alignment of Elk Road are proposed. A best fit alignment is proposed. This alignment will include widening on both sides of Elk Road. This alignment minimizes impacts and costs for the proposed project. The extension of Elk Road will be on new location. Cameron Road/Gillespie Road will be realigned approximately 114.9 meters (337 feet) west of the existing alignment. D. Right of Way A total right of way width of 33.5 meters (110 feet) plus construction easements will be required to accommodate the proposed improvements. E. Access Control The proposed improvements to Elk Road include no control of access. F. Design Speed An 80 km/h (50 mph) design speed is proposed for the project. G. Types of Intersection Control/Improvements The existing traffic signal at Legion Road will be upgraded. A new traffic signal will be installed at the proposed new intersection of Elk Road and I-95 Business/US 301 and at the intersection of Cameron/ Gillespie Road with Elk Road. All other existing intersections will be stop sign controlled. Proposed signalized intersection configurations for the project are shown on Figures 4a and 4b. Southview High School and Southview Middle School are located adjacent to each other on the south side of Elk Road near Legion Road (see Figure 2). Currently, school traffic backs up onto Elk Road in the mornings and afternoons. In order to address this problem, changes will be made to the driveways for both schools as a part of this project. Three driveways serving the schools will be closed and replaced with two new driveways. The new driveway for the high school will connect with Elk Road across from SR 3700 (Alexwood Drive). The new driveway for the middle school will connect with Elk Road across from the driveway for Southview Baptist Church. Median crossovers, left turn lanes and traffic signals will be provided at both of these new entrances. Figure 5 shows the driveway layout recommended for these schools by NCDOT's Municipal and School Transportation Assistance Group. Improvements shown on Figure 5 beyond constructing the new driveways from Elk Road to existing driveways on school property will be the responsibility of the school system. 4 H. Cost Estimates The current cost estimate for the Elk Road widening and extension is $10,669,000 which includes $3,969,000 for right of way acquisition and $6,700,000 for construction. 1. Sidewalks Sidewalks are proposed on the south side of Elk Road from Legion Road to Cameron Road/Gillespie Road. The Town of Hope Mills has committed to participate in the cost of sidewalks in accordance with NCDOT's Pedestrian Policy. J. Bicycle Accommodations The proposed 4.2 meter (14-foot) outside lanes will provide additional width to accommodate bicycles. V. ALTERNATIVES TO THE PROPOSED ACTION A. Design Alternatives Only one design alternative, the "Best Fit" alternative, was examined for this project. Within this alternative, the proposed widening has been shifted as necessary in order to minimize project impacts. Elk Road will be widened symmetrically from Legion Road to SR 3765 (Alexwood Drive). Elk Road will be widened mostly on the north side from Alexwood Drive to the Cameron Road/Gillespie Road realignment. See Figure 2. A five-lane facility was considered for the proposed Elk Road improvements. However, because of the safety and operational benefits associated with a four-lane median divided facility, the five-lane facility was not recommended. B. "No-Build" Alternative The "No-Build" alternative is not recommended. While this alternative avoids the anticipated impacts of the proposed project this alternative does not meet the purpose of the project to reduce congestion and improve safety on Elk Road and improve access to I- 95 Business/US 301 for southwest Fayetteville and Hope Mills. C. Alternate Modes of Transportation It was determined that no alternate modes of transportation would be a practical alternative to the recommended alternative. Highway transportation is the dominant mode of transportation in the project area. Staggering work hours, car pooling, and van pooling are possible ways to generally reduce highway congestion; however, these congestion management measures are not controlled by the NCDOT. These alternatives would do nothing to address the system linkage needs that will be improved by the "Build" alternative. VI. ADJACENT PROJECTS Several other highway projects are proposed for this area of Fayetteville (see Figure 6). Two projects are immediately adjacent to Elk Road. TIP Project U-2809 involves the widening of Legion Road from SR 1007 (Owen Drive) to SR 1131 (Cameron Road). Right of Way acquisition and construction for this project are scheduled to begin in fiscal year 2007 and 2008, respectively. The proposed Hope Mills Bypass (TIP Project U-620) will extend from SR 1141 (Bingham Drive) to Legion Road at Elk Road. Traffic on the Hope Mills Bypass will use Elk Road to access I-95 Business/US 301. Right of way acquisition for the bypass is complete. Construction is scheduled to begin in fiscal year 2004. In addition to these two projects, five other projects are in the surrounding area: ¦ U-2304A, Cumberland Road widening from NC 59 to SR 1233 (Yale Street); Right of way acquisition is complete. Construction is underway. ¦ U-2308, NC 59 widening from south of SR 1003 (Camden Road) to US 401 (Raeford Road); Right of way acquisition is complete. Construction is underway. ¦ U-3311, Bingham Drive widening from the Hope Mills Bypass to US 401 (Raeford Road); Right of way acquisition is complete. Construction is scheduled to begin FY 04. ¦ U-3424, Bunce Road widening from US 401 (Raeford Road) to SR 1400 (Cliffdale Road); Right of way acquisition and construction are currently post year. ¦ U-3422, Camden Road widening from the Fayetteville Outer Loop to NC 59. Right of way acquisition and construction are currently post year. The proposed project is required, even with construction of these other projects. As discusses in section V. B., the "no-build" alternative is not recommended. VII. EVALUATION OF ENVIRONMENTAL EFFECTS A. Cultural Resources This project is subject to compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, and implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified as 36 CFR Part 800. Section 106 requires Federal agencies to take into account the effect of their 6 undertakings (federally funded, licensed, or permitted) on properties included in or eligible for inclusion in the National Register of Historic Places and to afford the Advisory Council a reasonable opportunity to comment on such undertakings. 1. Historic Architectural Resources There are no properties over fifty years old within the project's area of potential effect. This project will not impact any properties. eligible for or listed on the National Register of Historic Places (see concurrence letter in Appendix A). If any of the widening project is constructed on new location, the HPO is requesting a further review of the design plans. Cameron Road/Gillespie Road will be realigned on new location. NCDOT will submit the design plans to the HPO for further review. 2. Archaeological Resources There are no known archaeological sites along the proposed project; therefore the State Historic Preservation Office (HPO) did not recommend an archaeological survey. See letter from the Department of Cultural Resources dated July 2, 2001 in the appendix. If any of the widening project is constructed on new location, the HPO is requesting a further review of the design plans. Cameron Road/Gillespie Road will be realigned on new location. NCDOT will submit the design plans to the HPO for further review. B. Social/Economic Effects 1. Relocation of Homes and Businesses The proposed project will require the relocation of nine homes. None of these homes are minority-owned or occupied. The relocation program for the project will be conducted in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646), and/or the North Carolina Relocation Assistance Act (GS-133-5 through 133-18). The NCDOT relocation program is designed to provide assistance to displaced persons in relocating to a replacement site in which to live or do business. Appendix B of this document contains additional information regarding NCDOT relocation programs and includes copies of the relocation report prepared for the project. 2. Neighborhood Cohesion The project will not directly cause or encourage an influx or loss of population, or isolate people from one another. Although residential displacements may occur as a result of the proposed project, they are not expected to have a negative impact on the economic condition of the study area. 7 The study area is densely populated with residential and various institutional land uses. The project will benefit the community by providing a facility that better accommodates existing and projected future traffic. 3. Public Facilities Southview Baptist Church and Southview Presbyterian Church are located adjacent to each other along the north side of Elk Road within the study area. The widening is not expected to impact the church or its parking areas. There is a ball field located in the southeast portion of the property along the roadway. The ball field is owned by and used by the church softball league and for unorganized recreational purposes. Impacts to this ball field are expected to be low. This ball field is not a 4(f) protected property. The Radha Soami Society Beas-America is located east of I-95 Business/US 301. The Group hosts various events for its followers throughout the year. Although the Group has expressed concern for the project as a result of aligning their driveway with Elk Road, no adverse impacts to the Group or its property are expected to occur. Southview Middle School and Southview Senior High School are located adjacent to each other on the south side of Elk Road. Buses to the middle school have access via Legion Road south of the proposed project's western terminus. Access to the high school is provided via Elk Road. Both schools are separated from the existing roadway by a lightly wooded lot, which provides an approximately 91.44 meter (300-foot) buffer from the existing roadway. No impacts to recreational facilities at either school are expected to occur. 4. Environmental Justice Executive order 12898 requires that each federal agency, to the greatest extent allowed by law, administer and implement its programs, policies, and activities that affect human health or the environment so as to identify and avoid "disproportionately high and adverse" effects on minority and low-income populations. The proposed project will not place adverse impacts upon any areas having low income and/or minority populations, or split or isolate any such communities. In addition, census data and field surveys indicate that no low income or minority communities exist within the immediate vicinity of the project. This assessment has found no evidence or indication this project will disproportionately or adversely affect persons on the basis of race, color, national origin, age, sex, or disability. The proposed project is being implemented in accordance with Executive Order 12898. 8 5. Economic Effects The proposed improvements to Elk Road are not expected to cause any changes in the economic condition of the project study area. The project is not expected to encourage growth within the study area. Property values may increase because the proposed project will improve access to I-95 Business/US 301. However, land will be required for right-of-way, removing it from the area's tax base. C. Land Use The project study area is in a primarily residential area within Cumberland County's and Hope Mills' planning jurisdictions. Residential development encompasses the length of the study area within Cumberland County's jurisdiction. The remaining study area in Hope Mills' jurisdiction consists of institutional land uses. Cumberland County's policies on future development, land use, and growth can be found in the Cumberland County 2010 Land Use Plan. The Plan is a collaborative effort between the County and its eight municipalities, including Hope Mills. In addition, Hope Mills has a separate land use plan that was completed in 1996. The information obtained in this land use plan is incorporated into the Cumberland County 2010 Land Use Plan. Based on the general goals and objectives outlined in this Plan, the County is preparing specific small area plans. However, work on small area plans for the project area has not been initiated. The proposed improvements to Elk Road are consistent with the Fayetteville Urban Area Thoroughfare Plan, the Cumberland County 2010 Land Use Plan and the Hope Mills land use plan. The largest development planned for the area is the Worthington subdivision. According to the plat for this subdivision, there are 45 lots. Currently, there are approximately 20 houses. The widening project will not provide new access to undeveloped land. Although the project will create a new intersection with Elk Road and I-95 Business/US 301, the improvements are not expected to encourage development in the study area or cause changes in the land uses along Elk Road. D. Farmland Impacts The Farmland Protection Policy Act (FPPA) of 1981 (7 CFR 658) requires all federal agencies to consider the impact of land acquisition and construction projects on prime and important farmland soils, as designated by the United States Soil Conservation Service. Farmland soils in an urbanized area or in an area committed to urban development by the local governing body are exempt from the requirements of the FPPA. North Carolina Executive Order Number 96 requires all state agencies to consider the impact of land acquisition and construction projects on prime farmland soils, as designated by the US Natural Resources Conservation Service (MRCS). Land which is planned or zoned for urban development is not subject to the same level of preservation afforded other rural, agricultural areas. The proposed widening of Elk Road is in an urbanized area. The project lies within the jurisdiction of Cumberland County and the 9 Town of Hope Mills and is zoned for residential and office and institutional development. Therefore, no further consideration of potential impacts to farmland is required. E. Secondary/Cumulative Impacts The Council on Environmental Quality defines indirect impacts as those, "which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable" (40 CFR 1508.$). Cumulative impacts are defined as "impacts on the environment which result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or nonfederal) or person undertakes such other actions" (40 CFR 1508.8). Based on these definitions, the current land use plan for Cumberland County, and information provided by the Fayetteville Area Metropolitan Planning Organization (FAMPO) and Hope Mills' planners, it is concluded that the project will not produce measurable indirect impacts within the study area. Based on the forecast in the Cumberland County 2010 Land Use Plan, Cumberland County has no plans to further develop the study area during the next ten years. The Worthington subdivision is the largest planned development within the study area and is currently under construction. Hope Mills is experiencing growth in east, north, and northwest directions, which include the project study area. Furthermore, Hope Mills has plans within the next two years to annex the entire project area. This annexation will not alter the current land uses along Elk Road. Property values in the area surrounding the project may increase because access to I-95 Business/US 301 will be improved. Several other highway projects are proposed for this area of Fayetteville. The cumulative impacts associated with these projects include approximately 71 residential, 9 business and 2 non-profit relocations, 6.4 acres of impacted wetlands and approximately 1,700 feet of impacted streams as a result of six projects in the Fayetteville area. F. Natural Resources 1. Biotic Resources Descriptions of the terrestrial systems are presented in the context of plant communities observed. Dominant flora and fauna likely to occur in each community are described and discussed. Animals observed during field investigations are denoted with an asterisk(*). 2. Terrestrial Communities Two terrestrial communities were identified in the project study area: disturbed community and alluvial floodplain. Much of the wildlife in the project study area likely uses various communities for forage, cover, and nesting habitat. 10 a. Disturbed Community This community encompasses several types of habitats that have recently been or are currently impacted by human disturbance: maintained yard, regularly maintained roadside shoulder, and irregularly maintained roadside shoulder. Maintained yards are primarily restricted to housing and business sites located in the project study area. Dominant species located in the herbaceous layer include fescue, crabgrass, and Bermuda grass. Trees observed in this community include dogwood, privet, loblolly pine, and laurel oak. Regularly maintained roadside shoulders are land parcels in which the vegetation is kept at a low-growing, early successional stage. These areas appear to be regularly mowed and may receive frequent herbicide application. This habitat includes the majority of land along Elk Road. Species observed here include crabgrass, Bermuda grass, violet, Carolina geranium, and Virginia creeper. Irregularly maintained roadside shoulder and power line corridor receive less frequent mowing and/or herbicide application. These areas are scattered along Elk Road. Tree saplings observed here include sassafras, laurel oak, and turkey oak. Species observed in the herbaceous and vine layer include poison ivy, ragweed, and goldenrod. There are also portions of irregularly maintained roadsides which contain primarily longleaf pine. Faunal species utilizing this community may include raccoon, white-tailed deer, the least shrew, eastern harvest mouse, and hispid.cotton rat eastern cottontails prefer brushy edges where they primarily feed on woody perennials. Mammals commonly occurring in forested habitats include southern short-tailed shrew, gray squirrel, and white-footed mouse. Eastern fence lizard and five-lined skink inhabitant open habitats with plenty of sunlight. The slimy salamander, spring peeper and eastern box turtle are commonly observed throughout forested habitats. b. Alluvial Floodplain This community is located along the two unnamed tributaries that cross under Elk Road. The wetland area found within this community is located to the north of Elk Road within a disturbed area in a sewer easement. Both wetland and upland habitats are present within this community type. Species observed here include giant cane, American elm, loblolly pine, water oak, and tag alder. 11 3. Aquatic Communities One aquatic community type, coastal plain perennial stream, is located in the project study area. Elk Road crosses two unnamed tributaries of Little Rockfish Creek. Both of these streams are small perennial streams. Perennial streams support an assemblage of fauna that require a constant source of flowing water, as compared to intermittent or standing water. Amphibians and reptiles commonly observed in and adjacent to medium- sized perennial streams included three- lined salamander, green frog, pickerel frog, and banded water snake. Although certain aquatic species are likely to occur within the project area, none were observed during the field investigation. 4. Anticipated Impacts to Biotic Resources Construction of the subject project will have various impacts on the biotic resources described. Any construction related activities in or near these resources have the potential to impact biological functions. Estimated impacts are derived using the proposed 30.5-m (100-ft) right-of-way. Project construction does not usually require the entire impact width; therefore, actual impacts may be considerably less. Table 2. Anticipated Impacts to Biotic Communities. Community Biotic Community Impacts Disturbed 2.0 ha (5.0 ac) Alluvial Floodplain 0.4 ha (1.0 ac) Wetland Impacts <0.4ha (<1.Oac) Total 2.8 ha (7.0 ac) 5. Water Resources a. Characteristics of Water Resources Water resources located within the project study area lie in the Cape Fear River Drainage Basin, Hydrological unit number 03-06-15. Two unnamed tributaries are located within the project study area. Both tributaries flow from north to south, converging just south of the project area, before entering Little Rockfish Creek. The western most unnamed tributary is a perennial stream. Within the project study area, this stream channel is approximately 1.2 meters (4.0 feet) wide and 22.9 centimeters (9 inches) deep. The substrate is primarily silt and sand. 12 The eastern most unnamed tributary is also a perennial stream. Within the project study area, this stream channel is approximately 0.9 meters (3.0 feet) wide and 12.7 centimeters (5 inches) deep. The substrate is primarily silt and sand. Best Usage Classification Streams have been assigned a best usage classification by the Division of ter Ou-ality (1997).-The classification of Rockfish Creek [Index no. 03-06-15] is C. Clas ( uses include aquatic life propagation and survival, fishing, wildlife, secondary recreatio and agriculture. Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or WS-II: predominately undeveloped watersheds) nor Outstanding Re Waters (ORW) occur within 1.6 km (1.0 milof-the project study area. 6. Water Quality Benthic macroinvertebrates have proven to be good indicators of water quality because they are sensitive to subtle changes in water quality, have a relatively long life cycle, are nonmobile (compared to fish) and are extremely diverse. The overall species richness and presence of indicator organisms help to assess the health of streams and rivers. All basins are reassessed every five years to detect changes in water quality and to facilitate National Pollution Discharge Elimination System (NPDES) permit review. A biological sampling site is located at the NC 87 crossing of Rockfish Creek (B-21). This site received a Good rating in 1993 and an Excellent rating in June 1998. 7. Summary of Anticipated Impacts to Water Resources Construction of this project will result in impacts to water resources. The water resources located within the project study area include the unnamed tributaries and one wetland area. Land clearing and grubbing activities in the project area may result in soil erosion leading to increased sedimentation and turbidity in nearby streams. These effects may extend downstream for considerable distance with decreasing intensity. Removal of streamside vegetation will have a negative effect on water quality. The vegetation typically shades the water's surface from sunlight, thus moderating water temperature. Streambank vegetation also stabilizes streambanks and reduces sedimentation by trapping soil particles. Locally, the construction of this project will increase the amount of impervious area in the project study area. Additionally, as populations and vehicular traffic increase so does the potential for petroleum distillates and other chemical compounds to enter nearby streams. Increased amounts of toxic materials can adversely alter the water quality of any water resource, thus impacting its biological and chemical functions 13 In order to minimize impacts to water resources within the footprint of the project, NCDOT's Best Management Practices (BMPs) for the Protection of Surface Waters will be strictly enforced during the entire life of the project. 8. Jurisdictional Issues a. Waters of the United States Surface waters and jurisdictional wetlands fall under the broad category of "Waters of the United States," as defined in Section 33 of the Code of Federal Regulations (CFR) Part 328.3. Any action that proposes to place fill material into these areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344.). b. Characteristics of Wetlands and Surface Waters The two unnamed tributaries (described in Section VII-F-5-a) are considered jurisdictional surface waters. A wetland area is located adjacent to the eastern most unnamed tributary. C. Summary of Anticipated Impacts The construction of the proposed project will cross surface waters and a jurisdictional wetland. Approximately 30 linear meters (100 linear feet) of both unnamed tributaries are located within the project study area. Approximately <0.4ha (<1.0 ac) of jurisdictional wetland is located within the proposed right-of-way. Actual impacts to the wetland community may be less than reported because the entire right-of-way width is often not impacted by construction projects. The amount of wetland impacts may be modified by any changes in the roadway design. 14 d. Permits Impacts to Waters of the United States are anticipated from project construction. In accordance with provisions of Section 404 of the Clean Water Act, a permit will be required from the COE for discharge of dredge or fill material into "Waters of the United States." Due to wetland and surface water impacts, a Section 404 Nationwide 14 Permit will likely be necessary for this project. e. Avoidance, Minimization and Mitigation This project involves widening an existing roadway which crosses two streams. Avoidance of these streams is impractical. The wetland area adjacent to the easternmost stream is located on the north side of Elk Road. The project will impact approximately 0.15 acre of wetlands. A number of homes exist on the south side of Elk Road across from this wetland. Shifting the proposed widening in order to avoid the wetland would result in relocating possibly as many as ten additional homes. Side slopes at the streams and through this wetland area will be at 2:1 in order to minimize impacts. The project's effects on waters of the United States will be further minimized by strict enforcement of sedimentation control Best Management Practices (BMP's) during the entire life of the project. All efforts will be made to minimize environmental impacts. If stream impacts exceed 150 feet mitigation may be required. If wetland impacts exceed 0.1 acre mitigation will be required. 9. Protected and Rare Species a. Federally-Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered, and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the ESA. As of January 29, 2003, the USFWS lists eight federally- protected species for Cumberland County (Table 3). A brief description of each species' characteristics and habitat follows. 15 Table 3. Federally Protected species for Cumberland County. Common Name Scientific Name Status Michaux's sumac Rhus michauxii Endangered St. Francis satyr Neonympha mitchellii francisci Endangered Red-Cockaded Woodpecker Picoides borealis Endangered Pondberry Lindera melissaifolia Endangered Rough leaved loosetrife Lysimachia asperulaefolia Endangered American chaffseed Schwalbea americana Endangered Small- whorled pogonia* Isotria medeloides Threatened American Alligator Alligator mississippiensis T (S/A) *= Historic Record- the species was last observed in the county more than 50 years ago. Endangered = a taxon in danger of extinction throughout all of a significant portion of its range. Threatened = a taxon likely to become endangered within the foreseeable future throughout all or a significant portion of its range. T (S/A)= Threatened due to similarity of appearance = a taxon that is threatened due to similarity of appearance with other rare species and is listed for protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. This includes the American alligator. Red-Cockaded Woodpecker (Picoides borealis) Endangered The adult red-cockaded woodpecker (RCW) has plumage that is black and white horizontal stripes on its back, with white cheeks and under parts. Eggs are laid from April through June. Red-cockaded woodpeckers are found in open pine stands that are between 80 and 120 years old. Longleaf pine stands are most commonly utilized. These birds forage in pine and pine hardwood stands, with preference given to pine trees that are 10 inches (25 centimeters) or larger in diameter. The foraging range of the red cockaded woodpecker is up to 500 acres (200 hectares). The acreage must be contiguous with suitable nesting sites. The older pines favored by the red-cockaded woodpecker often suffer from a fungus called red heart disease which attacks the center of the trunk, causing the inner wood to become soft. Cavities generally take 1 to 3 years to excavate. The red-cockaded woodpecker feeds mainly on beetles, ants, roaches, caterpillars, wood-boring insects and spiders, and occasionally fruits and berries. Biological Conclusion: No Effect Suitable habitat for the red-cockaded woodpecker is not present within the project area. The disturbed communities did contain pine species; however there were no pine species greater than 60 years old and the communities were too fragmented for suitable habitat. A search of the NHP database, conducted on August 27, 2003, indicated that presence of the red-cockaded woodpecker was recorded within 1.0 mile (1.6 kilometers) of the project area. However, the red-cockaded woodpecker colony abandoned the area in 1990. It can be concluded that the project will not impact this species. 16 Saint Francis' satyr (Neonympha mitchellii francisci) Endangered The Saint Francis' satyr is a small, dark brown butterfly with conspicuous eyespots on the lower wing surface of the fore and hind legs. The Saint Francis' satyr is known to inhabit wide, wet meadows dominated by sedges and other wetland graminoids. These wetlands are often relicts of beaver activity and are boggy areas that are acidic and ephemeral. Succession of these sites often leads to either a pocosin or swamp dominated forest. The larval host of the Saint Francis' satyr is thought to be grasses, sedges and rushes. Biological Conclusion: May Affect - Not Likely to Adversely Affect Habitat for the St. Francis' satyr in the project area is marginal. The best potential habitat within the project area is found in the section of Wetland I where grasses, rushes, and sedges are dominant. However this wetland does not appear to be a relict of beaver activity. Based upon an October 6, 2003 conversation with Stephen Hall, Invertebrate Zoologist with NHP, the presence of St. Francis' satyr in the project area is highly unlikely, but cannot be completely ruled out. Mr. Hall stated that the St. Francis' satyr has never been recorded outside of Fort Bragg, North Carolina. Mr. Hall stated that the best time to survey for the St. Francis' satyr is from mid-May to June. A search of the NHP database, conducted on August 27, 2003, found no occurrence of the St. Francis' satyr within 1.0 mile (1.6 kilometers) of the project area. Therefore, based upon the current information about the St. Francis' satyr, the Biological Conclusion for the project construction should be May Affect - Not Likely to Adversely Affect. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" prior to the completion of the final environmental document for this project. Small whorled pogonia (Isotria medeoloides) Threatened Small whorled pogonia is a small perennial member of the Orchidaceae. These plants arise from long slender roots with hollow stems terminating in a whorl of five or six light green leaves. The single flower is approximately one inch long, with yellowish- green to white petals and three longer green sepals. This orchid blooms in late spring from mid-May to mid-June. Populations of this plant are reported to have extended periods of dormancy and to bloom sporadically. This small spring ephemeral orchid is not observable outside of the spring growing season. When not in flower, young plants of Indian cucumber-root also resemble small whorled pogonia. Small whorled pogonia may occur in young as well as maturing forests, but typically grows in open, dry deciduous woods and areas along streams with acidic soils. It also grows in rich, mesic woods in association with white pine and rhododendron. 17 Biological Conclusion: No Effect Suitable habitat is not present in the project area for small whorled pogonia. The plant communities within the project area are severely to moderately disturbed. A search of the NHP database, conducted on August 27, 2003, found no occurrence of small whorled pogonia in the project vicinity. The species was last observed in the county more than 50 years ago. No specimens were-observed during the field surveys conducted on August 28, 2003. It can be concluded that the project will not impact this endangered species. Pondberry (Lindera melissifolia) Endangered Pondberry is an aromatic, deciduous shrub with erect stems and shoots, growing as high as 6.5 feet (2 meters). It spreads vegetatively by above ground shoots (stolons). Young stems and leaves are hairy. Leaves are alternate, drooping, and oblong, with hairy edges, a pointed tip and rounded base, 2 to 4 inches (5 to 10 centimeters) long and 0.6 to 1.4 inches (1.5 to 3.5 centimeters) wide. Pondberry is characterized by the sassafras-like odor of its crushed leaves and tendency to form thickets of clonal, unbranched stems. Small, pale, and clustered flowers appear from February through April before leaf and shoot growth begins in late April. Fruiting occurs from August to September. The fruit matures in late autumn and is fleshy, oval, bright red, and about 0.25 to 0.5 inches (0.6 to 1.3 centimeters) in diameter. Pondberry prefer habitat associated with bottomland hardwood forests in inland areas, poorly drained swampy depressions, and edges of limestone sinks and ponds closer to the coast. It occurs at the edges of swamps and ponds and depressions in forest of longleaf pine and pond pine forests. It is typically found in somewhat shaded areas, but can also grow in full sun. Biological Conclusion: May Affect - Not Likely to Adversely Affect Suitable habitat for pondberry occurs in the wetland portion of the alluvial floodplain. A review of the NHP database on August 27, 2003 did not indicate any known occurrences of pondberry near the project vicinity. Buck Engineering biologists, Greg Price and George Buchholz, performed a plant-by-plant survey on August 28, 2003 by foot in all areas of the project area containing suitable habitat for a period of approximately 1 hour. Pondberry was not observed during the field surveys. Therefore, the Biological Conclusion for the construction of the proposed project is May Affect - Not Likely to Adversely Affect for the pondberry. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" prior to the completion of the final environmental document for this project. 18 Rough-leaved loosestrife (Lysimachia asperulaefolia) Endangered The slender stems of this perennial herb grow from a rhizome and reach heights of 1 to 2 feet (0.3 to 0.6 meter). Whorls of 3 to 4 leaves encircle the stem at intervals beneath the showy yellow flowers. Flowering occurs from mid-May through June, with fruits present from July through October. Rough-leaved loosestrife is a species endemic to the coastal plain and sandhills of North Carolina and South Carolina. This species generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins, on moist to seasonally saturated sands, and on shallow organic soils overlaying sand. Rough-leaved loosestrife has also been found on deep peat in the low shrub community of large Carolina bays. The grass-shrub ecotone, where rough-leaved loosestrife is found, is fire-maintained, as are the adjacent plant communities (longleaf pine-scrub oak, savanna, flatwoods, and pocosin). Suppression of naturally occurring fire in these ecotones results in shrubs increasing in density and height and expanding to eliminate the open edges required by this plant. Fire suppression, drainage, and, to a lesser extent, residential and industrial development have altered and eliminated habitat for this species and continue to be the most significant threats to the species' continued existence. Biological Conclusion: No Effect Suitable habitat for rough-leaved loosestrife is not present within the project area. While longleaf pine uplands exist within the project area, no ecotones between longleaf pine uplands and pond pine pocosins are present within the project area. A search of the NHP database, conducted on August 27, 2003, found no occurrence of rough-leaved loosestrife within 1.0 mile (1.6 kilometers) of the project area. It can be concluded that the project will not impact this species. Michaux's sumac (Rhus michauxir) Endangered Michaux's sumac is a densely pubescent rhizomatus shrub that grows 0.7 to 3.3 feet (0.2 to 1.0 meter) in height. The narrowly winged or wingless rachis supports nine to thirteen sgssile, oblong-lanceolate leaflets that are 1.6 to 3.6 inches (4 to 9 centimeters) long, 0.8 to 2 inches (2 to 5 centimeters) wide, acute, and acuminate. The bases of the leaves are rounded and their edges are simple or doubly serrate. Plants flower in June, producing a terminal, erect, dense cluster of four to five greenish-yellow to white flowers. This plant occurs in rocky or sandy open woods and roadsides. It is dependent on disturbance (mowing, clearing, fire) to maintain the openness of its habitat. It grows in open habitat where it can get full sunlight and is often found with other members of its 19 genus as well as with poison ivy. Michaux's sumac is endemic to the inner Coastal Plain and Piedmont physiographic provinces of North Carolina. Biological Conclusion: May Affect - Not Likely to Adversely Affect Suitable habitat for Michaux's sumac occurs within the project-area. A review of the NHP database on August 27, 2003 did not indicate any known occurrences of Michaux's sumac near the project vicinity. Buck Engineering biologists, Greg Price and George Buchholz, performed a plant-by-plant survey on August 28, 2003 by foot in all areas of the project area containing suitable habitat for a period of approximately 2 hours. Michaux's sumac was not observed during the field surveys. Therefore, the Biological Conclusion for the construction of the proposed project is May Affect - Not Likely to Adversely Affect for Michaux's sumac. Concurrence will be obtained from the US Fish and Wildlife Service on a biological conclusion of "May Affect-Not Likely to Adversely Affect" prior to the completion of the final environmental document for this project. American chaffseed (Schwalbea americana) Endangered American chaffseed is an erect perennial herb with unbranched stems (or stems branched only at the base) with large, purplish-yellow, tubular flowers that are borne singly on short stalks in the axils of the uppermost, reduced leaves (bracts). Flowering occurs from April to June in the South, and from June to mid-July in the North. Fruits mature from early summer in the South to October in the North. American chaffseed occurs in sandy (sandy peat, sandy loam), acidic, seasonally moist to dry soils. It is generally found in habitats described as open, moist pine flatwoods, fire-maintained savannas, ecotonal areas between peaty wetlands and xeric sandy soils, and other open grass-sedge systems. Chaffseed is dependent on factors such as fire, mowing, or fluctuating water tables to maintain the crucial open to partly open conditions that it requires. Historically, the species existed on savannas and pinelands throughout the coastal plain and on sandstone knobs and plains inland where frequent, naturally occurring fires maintained these sub-climax communities. Biological Conclusion: No Effect Suitable habitat, including moist pine flatwoods, fire-maintained savannas, or ecotonal areas between peaty wetlands and xeric sandy soils, for the American chaffseed is not present within the project area. A search of the NHP database, conducted on August 27, 2003, found no occurrence of American chaffseed within 1.0 mile (1.6 kilometers) of the project area. It can be concluded that the project will not impact this species. 20 a. Federal Species of Concern and State Listed Species Federal Species of Concern (FSC) are not legally protected under the Endangered Species Act and are not subject to any of its provisions, including Section 7, until they are formally proposed or listed as Threatened or Endangered. Table 4 includes FSC species listed for Cumberland County and their state classifications. Organisms that are listed as Endangered (E), Threatened (T), or Special Concern (SC) on the NHP list of Rare Plant and Animal Species are afforded state-protection under the State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of 1979. However, the level of protection given to state-listed species does not apply to NCDOT activities. 21 Table 4. Federal Species of Concern for Cumberland County Scientific Name Common Name J NC Status Habitat Present Vertebrates Aimophila aestivalis Bachman's sparrow SC Yes Heterodon simus Southern hognose snake SR (PSC) Yes Noturus sp. 1 "Broadtail" madtom SC Yes Pituophis melanoleucus melanoleucus Northern pine snake SC Yes Rana capito capito Carolina gopher frog SC (PT) No Semotilus lumbee Sandhills chub SC No Invertebrates Fusconaia masoni Atlantic pigtoe T (PE) No Lampsilis cariosa Yellow lampmussel T (PE) No Plants Amorpha georgiana var. georgiana Georgia indigo-bush E Yes Astragalus michauxii Sandhills milkvetch T Yes Danthonia epilis Bog oatgrass SR-T No Dionea muscipula Venus flytrap SC-L No Lilium pyrophilum Sandhills bog lily SR-L No Lindera subcoriacea Bog spicebush E No Litsea aestivalis Pondspice SR-T Yes Lobelia boykinii Boykin's lobelia SR-T No Ludwidgia brevipes Long beach seedbox SR-T Yes Myriophyllum laxum Loose watermilfoil T No Potamogeton confervoides Conferva pondweed SR-D No Pteroglossaspis ecristata Spiked medusa E Yes Pyxidanthera barbulata var. brevifolia Sandhills pyxie-moss E Yes Rhexia aristosa Awned meadowbeauty T No Solidago pulchra Carolina goldenrod E No Solidago verna Spring-flowering goldenrod SR-L No Stylisma pickeringii var. pickeringii Pickering's dawnflower E Yes Tofieldia glabra Carolina asphodel W1 No Xyris scabrifolia Roughleaf yellow-eyed grass SR-T No ? Notes: E An Endangered species is one that is in danger of extinction throughout all or a significant portion of its range. 22 PE A Proposed Endangered species is one that has been proposed to Endangered status but the status has not yet been adopted by the NC Wildlife Resource Commission and by the General Assembly as law. PSC A Proposed Special Concern species that has been proposed to Special Concern status but the status has not yet been adopted by the NC Wildlife Resource Commission and by the General Assembly as law. SC A Special Concern species is one that requires monitoring but may be taken or collected and sold -under regulations -adopted under -the provisions of Article 25 of Chapter 113 of the General Statutes (animals) and the Plant Protection and Conservation Act (plants). Only propagated material may be sold of Special Concern plants that are also listed as Threatened or Endangered. SR A Significantly Rare species that is not listed as Endangered, Threatened, or Special Concern but which exists in the state in small numbers and has been determined to need monitoring. SR-D A Significantly Rare species that is disjunct to North Carolina from a main range in a different part of the country or world. SR-L A Significantly Rare species whose range is limited to North Carolina and adjacent states. SR-T A Significantly Rare species that is rare throughout its range (fewer than 100 populations). T A Threatened species is any native or once native species that is likely to become an Endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act. W l Rare species whose status in North Carolina is relatively well known and which appear to be relatively secure at this time. Two FSC species (sandhills milkvetch and sandhills pyxie-moss) were recorded within 1.0 mile (1.6 kilometers) of the project area based upon the NHP database as of August 27, 2003. The sandhills milkvetch population occurs just south of Elk Road midway between I-95 Business/US 301 and Legion Road, within the project area. The sandhills pyxie-moss was recorded outside of the project area. G. Flood Hazard Evaluation No major drainage structures exist along Elk Road in the project area. However, two small streams cross Elk Road. This project is located within the Cape Fear River Basin. Cumberland County is currently participating in the National Flood Insurance Program. There are no flood hazard zones affected by this project (see Figure 7). Existing drainage patterns will be maintained to the extent practicable. Erosion and sedimentation will be controlled through the specification, installation, and maintenance of standard erosion and sedimentation control methods. Groundwater resources will not be affected by the project, as the roadway is fill and existing cut. 23 H. Section 4(f) Resources There are no resources protected by Section 4(f) of the USDOT Act of 1966, as amended. 1. Traffic Noise Analvsis An analysis was performed to determine the effect the proposed project would have on noise levels in the immediate area. The assessment included an inventory of existing noise sensitive land uses and a field survey of ambient (existing) noise levels in the study area. A comparison of the predicted noise levels and the ambient noise levels was performed to determine if traffic noise impacts are likely to occur as a result of the project. Traffic noise impacts were determined by following the current procedures for the abatement of highway traffic noise and construction noise, appearing as Part 772 of Title 23 of the Code of Federal Regulations. To determine whether highway noise levels are compatible with various land uses, the Federal Highway Administration (FHWA) has developed noise abatement criteria (NAC) and procedures to be used in the planning and design of highways. These abatement criteria and procedures are in accordance with Title 23 Code of Federal Regulations Part 772. Ambient noise measurements were taken to determine existing noise levels for the identified land uses. The purpose of this noise level information was to quantify the existing acoustic environment and to provide a base line reference level for assessing the impact of future noise levels on receptors in the project area. Existing noise levels in the project area were measured at 15 meters (50 feet) from the edge of pavement and found to be 55.1 dBA. A background noise level of 45 dBA was used in areas where traffic noise was not the predominant source. The Traffic Noise Prediction Model (TNM1.1) computer model was utilized in order to determine the number of land uses (by type) which would be impacted during the peak hour of the year 2025. Traffic noise impacts occur when the predicted traffic noise levels either: [a] approach or exceed the FHWA noise abatement criteria, or [b] substantially exceed the existing noise levels. Consideration for noise abatement measures must be given to receptors in the project area when noise impacts are predicted to occur. The worst-case scenario for traffic noise is widening Elk Road to the north the entire length of the project. This will result in traffic noise impacts to 45 residential receptors. The maximum extent of the 72 and 67 dBA noise level contours are 18.3 meters (60 feet) and 25.4 meters (83.3 feet), respectively from the center of the proposed roadway. 24 Table N6 (Appendix B) indicates the exterior traffic noise level increases for the identified receptors in each roadway section. The predicted noise level increases for this project range up to 17 dBA. When real-life noises are heard, it is barely possible to detect noise level changes of 2-3 dBA. A 5 dBA change is more readily noticeable. A 10 dBA change is judged by most people as a doubling or a halving of the loudness of the sound. Forty-five (45) receptors will experience noise level increases. Traffic noise abatement alternatives for this project were considered. These alternatives included noise barriers, buffer acquisition and the "No Build"Alternative. For a noise barrier to provide sufficient noise reduction it must be high enough and long enough to shield the receptor from significant sections of the highway. No control of access is proposed for this project. Adjacent properties will have direct driveway access to the facility. Access openings in the barrier severely reduce the noise reduction provided by the barrier. It then becomes economically unreasonable to construct a barrier for a small noise reduction. Safety at access openings (driveways, crossing streets, etc.) due to restricted sight distance is also a concern. Furthermore, to provide a sufficient reduction, a barrier's length would normally be 8 times the distance from the barrier to the receptor. For example, a receptor located 15 meters (50 feet) from the barrier would normally require a barrier 120 meters (400 feet) long. An access opening of 12 meters (40 feet) (10 percent of the area) would limit its noise reduction to approximately 4 dBA. In addition, businesses, churches, and other related establishments located along a particular highway normally require accessibility and high visibility. Solid mass, attenuable measures for traffic noise abatement would tend to disallow these two qualities, and thus, would not be acceptable abatement measures in this case. The acquisition of property in order to provide buffer zones to minimize noise impacts is not considered to be a feasible noise mitigation measure for this project. The cost to acquire impacted receptors for buffer zones would exceed the abatement threshold of $25,000 per benefited receptor. The use of buffer zones to minimize impacts to future sensitive areas is not recommended because this could be accomplished through land use control. The use of vegetation for noise mitigation is not considered reasonable for this project, due to the substantial amount of right of way necessary to make vegetative barriers effective. FHWA research has shown that a vegetative barrier should be approximately 30.5 meters (100 feet) wide to provide 3 dBA reduction in noise levels. In order to provide 5 dBA reduction, substantial amounts of additional right of way would be required. The cost of acquiring the additional right of way and planting sufficient vegetation is estimated to exceed the abatement threshold of $25,000 per benefited receptor. Noise insulation was also considered; however, no public or non-profit institutions were identified that would be impacted by this project. 25 The traffic noise impacts for the "no-build" alternative were also considered. If the proposed widening did not occur, 46 receptors would experience traffic noise impacts by approaching or exceeding the FHWANAC. Also the receptors could anticipate experiencing an increase in the exterior noise levels of approximately 11 dBA. As previously noted, it is barely possible to detect noise level changes of 2-3 dBA and a 5 dBA change is more readily noticeable. The major-construction elements of this project -are expected to be earth removal, hauling, grading, and paving. General construction noise impacts, such as temporary speech interference for passers-by and those individuals living or working near the project, can be expected particularly from paving operations and from the earth moving equipment during grading operations. However, considering the relatively short-term nature of construction noise and the limitation of construction to daytime hours, these impacts are not expected to be substantial. The transmission loss characteristics of nearby natural elements and man-made structures are believed to be sufficient to moderate the effects of intrusive construction noise. Based on these preliminary studies, traffic noise abatement is not recommended, and no noise abatement measures are proposed. In accordance with NCDOT Traffic Noise Abatement Policy, neither NCDOT nor the FHWA will be responsible for providing noise abatement measures for new development for which building permits are issued after the date of the final environmental document for this project (Date of Public Knowledge). J. Air Quality Analysis A microscale air quality analysis was performed to determine future CO concentrations resulting from the proposed highway improvements. "CAL3QHC - A Modeling Methodology For Predicting Pollutant Concentrations Near Roadway Intersections" was used to predict the CO concentration near sensitive receptors. Carbon monoxide vehicle emission factors were calculated for the year 2005, 2010 and the Design year 2025, using the EPA publication "Mobile Source Emission Factors" and the MOBILESB mobile source emissions computer model. The background CO concentration for the project area was estimated to be 1.8 parts per million (ppm). Consultation with the Air Quality Section, Division of Environmental Management (DEM), North Carolina Department of Environment, Health and Natural Resources indicated that an ambient CO concentration of 1.8 ppm is suitable for most suburban and rural areas. The worst-case air quality scenario was determined to be in the vicinity of the intersection of SR 1363 (Elk Road) and SR 1132 (Legion Road). The predicted 1-hour average CO concentration for the evaluation build years of 2005, 2010 and 2025 are 5.40, 5.40 and 5.90 ppm, respectively. 26 Comparison of the predicted CO.concentrations with the NAAQS (maximum permitted for 1-hour averaging period = 35 ppm; 8-hour averaging period = 9 ppm) indicates no violation of these standards. Since the results of the worst-case 1-hour CO analysis for the build scenario is less than 9 ppm, it can be concluded that the 8-hour CO level does not exceed the standard. Automobiles are regarded as sources of hydrocarbons and nitrogen oxides. Hydrocarbons and nitrogen oxides emitted from cars are carried into the atmosphere where they react with sunlight to form ozone and nitrogen dioxide. Area wide automotive emissions of HC and NO are expected to decrease in the future due to the continued installation and maintenance of pollution control devices on new cars. Hence, the ambient ozone and nitrogen dioxide levels in the atmosphere should continue to decrease as a result of the improvements on automobile emissions. The photochemical reactions that form ozone and nitrogen dioxide require several hours to occur. For this reason, the peak levels of ozone generally occur 10 to 20 kilometers (6 to 12 miles) downwind of the source of hydrocarbon emissions. Urban areas as a whole are regarded as sources of hydrocarbons, not individual streets and highways. The project is located in Cumberland County, which has been determined to be in compliance with the National Ambient Air Quality Standards. 40 CFR parts 51 and 93 are not applicable, because the proposed project is located in an attainment area. This project is not anticipated to create any adverse effects on the air quality of this attainment area. During construction of the proposed project, all materials resulting from clearing and grubbing, demolition or other operations will be removed from the project, burned or otherwise disposed of by the Contractor. Any burning done will be done in accordance with applicable local laws and ordinances and regulations of the North Carolina SIP for air quality in compliance with 15 NCAC 2D.0520. Care will be taken to insure burning will be done at the greatest distance practical from dwellings and not when atmospheric conditions are such as to create a hazard to the public. Burning will be performed under constant surveillance. Also during construction, measures will be taken to reduce the dust generated by construction when the control of dust is necessary for the protection and comfort of motorists or area residents. 27 K. Hazardous Material Involvement and Underground Storage Tank Facilities Based on the field reconnaissance survey and a review of the Geographical Information System (GIS), there are no anticipated impacts to underground storage tanks (UST) and no superfund sites were identified in the project study area. The GIS shows that no regulated or unregulated landfills or dumpsites exist within the project limits. VIII. COMMENTS, COORDINATION, AND PUBLIC INVOLVEMENT On July 25, 2001, a letter was mailed to the following state and local agencies to solicit suggestions and receive environmental input concerning the proposed project (note: an asterisk indicates those agencies which responded to this letter): * US Fish and Wildlife Service * US Army Corps of Engineers US Environmental Protection Agency US Geological Survey * NC State Clearinghouse * NC Department of Environment and Natural Resources * NC Department of Cultural Resources * NC Wildlife Resources Commission NC Department of Public Instruction MID Carolina Council of Governments Mayor of Fayetteville Cumberland County Commissioners Mayor of Hope Mills A citizens informational workshop for the widening of Elk Road was held on February 5, 2002, at Hope Mills Town Hall. The purpose of the project, an approximate schedule, estimated cost, and the project's current status was conveyed to.citizens at the workshop. The purpose of the workshop was to gather citizens' input prior to the design of the proposed project. Detailed information regarding possible effects on homes and businesses was not yet available. Citizens were encouraged to complete comment sheets and provide the NCDOT with their input to aid in the planning and design process. Although approximately 38 people attended the workshop, no comment sheets were received. However, a letter from the Radha Soami Society Beas-America was received by the NCDOT on February 19, 2002, in response to information received at the workshop. The Radha Soami Society Beas-America is located east of I-95 Business/ US 301. The project proposes to align Elk Road with the property's entrance. The letter expressed concern for the impacts that may occur to the property's entrance as a result of aligning the driveway with Elk Road. 28 FIGURES 4 4017 / g 11 .4 ?a \i tw.e,p .qq _o' 4 29 Or. , Z7 2316 7? -7 2315 (02) BEGIN PROJECT "G \ dd u. \ /2310 332 y?Y 1.02) 3342 300 ?'~ 4 C Ady` e+°• i G.r ???\?\ 47-1 (((? ' 3633 '03 %-10 Oc \? /' 228 \: Y?\ ' -3635 3369 reN\?•.,,(.0» 4 Q- 3766 1392 3816 // 4 3901 g )'w 301 filmur 3:1 Z. .08 99 ? 000 2287 d. t°° l \ ??p d \ CT 31 .09 I 4 r 3767 S fiU6 I-'872.__' 3369 95 2289 a a 1363 I 3785 ` m? 37 \ 0 ? 3 16 2219 B 0 ? d C6. 10 2288 R ?/ w. 1212 Jr. High 6?ItlwF SM. d w 3700 -'2273 a' SOIL 073874 & SwM1Mw °\?? 10 '15 3875 y _ Cilll.. 3934 ? $ 83 3700 J .10 uirnla.n 3921 ._... __.._8t. ........ $ ..._..._ _ p 1132 3 2391 2323 ??? 1 ? 3763 x4610 2323 m?Jg 2219 4ta ( 4011 ?. \ 7' 1 0!I!I!y ?? 2392 HOPE MILLS / 1uz :393. 3s3 8 .06 a d x/009 j' 1 7 p/'?:''7 .1 a o? 0? 391 229 4 / .03 4 1131, 2366 2363 h? m ti (.11). 399 1383 C / O '\?b d nowual 900 845 /2273 ? \ ?? ?l ?j r ? "' ?? ? END PROJEC ° Q tr / E ?•IJJ - -\S301 M11. .05 1131 43 Jr. High 'k 0 113 3 '9\ . 1130 \ 4 96 12 V \ \1 / >x L`.gC'7 ?/, p ?j J 1213 /Ardulusa '?•,\ HI1 RQ 2996 {?-?^ \ \ ?l ` / / 7 2220 yn (\ l ?` ` C. ?27a 1!M r > v- sot .20 ?iI'? J 1yH• 355 ,' 350 N T lel F. _. rye/00? / ray Inn • YanCV f) r ry ! j ? 11 Y -'-? r SCALE: o MILE oil FIGURE 1 \ i ! NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LE GION ROAD TO I-95BUS/US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 GRAPHIC BY: CHARLES S7URDIVAM DATE: 10108103 ?" .??1 _ }. ?.? C ? ,J- ?:, . E .. ?? - ? ?' .? ?. ... _ ?. ,_. . a. ??: r'?, ,?? t:cr? wyo s a? ??„ ??? ?? .,? .?. z•?- Y ,n _iif 0I? ?? M ±d.. _.? . , 12200 17300 LEGION ROAD 800 PM 1300 sow 10 (1.1) 2006 ESTIMATED ADT WITHOUT PROJECT 2025 U-620 L MATCH LINE J 10400 _ _ 185W 12500 20700 500 PM 200 100 2800 300 L M 14900 60-*-- 10 15W (1,7) ALCONBRIDGE ROAD 600 0 812 ° 1"! 1700 8500 so< -10 21600 300 Y ( , 12500 (32) 900 2600 x3800 LEGION ROAD 3100 5400 g 12600 13100 21000 21600 5200 7400 8700 ?i 12200 _ ""?-?, 12 PM 7 205W 15300 -- 1900 so<- 10 11700 3000 (3.2) A 1100 '1300 PM 2200 1080 CAMERON ROAD G/LLESPIESTREET $I I I g 2800 (1.1) a, J, 1100 r t 1300 ALEXWOOD DRIVE 12200 20500 300 601 ?$Ig DUNROBIN DRIVE 501 700 12400 20600 600 PM 1300 1000 10 -->e0 2100 700 BENT CREEK DRIVE 1'100 12500 20700 ------ A MATC ------ H LINE A LEGEND PM DHV ? D (L) DHV DESIGN HOURLY VOLUME (1 ) D DIRECTIONAL SPLIT (2) PM PM PEAK PERIOD (aA DUAL%TT-STS (Z) -'s INDICATES THE DIRECTION OF PEAK FLAW. REVERSE FLOW FOR AM PEAK NORTH CAROLINA DEPARTMENT OF ? TRANSPORTATION DIVISION OF HIGHWAYS j PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LEGION ROAD TO I-95BUS/US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 FIGURE 3. 2006 ESTIMATED ADT WITH PROJECT 2025 ILan 12200 17300 LEGION ROAD Y60p x3800 LEGION ROAD 3100 $ 5400 13100 21600 12200 205W 1100 PM 2200 1300 1050 2600 g $? (1,1) 1? ,1300 ALEXWOODDRIVE 12200 20500 800 PM 300 1300 50F- 10 601 (1.1) ?$I g DUNROBINDR/VE z 501 700 12400 20600 600 PM 1300 J000 y 10 X50 2100 (t,t) P7000 100 0 1 BENT CREEK DRIVE 12500 20700 ------ ---- A MATCH LINE -- A LEGEND PM DtIV->D us1 DHV DESIGN HOURLY VOLUME (Z) D DIRECTIONAL SPLIT (2) PM PM PEAK PERIOD (dA) DUALS,TT-SrS (Z) - INDICATES THE DIRECTION OF PEAK FLOW. REVERSE FLOW FOR AM PEAK A MATCH UNE A L J 12500 2020 00 500 PM 200 w <__ 10 600 1500 1 FALCONBRIDGE ROAD ; g! 3 011' 900 12600 21000 $ 1100 ? a ? ? 2TOp 18 600 501 90 3400 0 50. 10 190 3000 (3,2) 6200 CAMERON ROAD 500 _ 400 GILLESPIE STREET 1100 800 106,00 17000 4700 7000 5300 l-? PM 21000 SSNI 15400 L 80,. t0 20300 30200 21100 (3.2) 28500 US 301A-95BUS 3N 200 US 301/1-95BUS 600 400 1300 2500 1200 100 x2000 PM <100 100 0 10-_>55 1200 <100 (8,3) 2100 TO BE DEAD-END SR 2273 0 0 100 0 500 VACANTFACTORY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 1 DIVISION OF HIGHWAYS L PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LEGION ROAD TO I-95BUS®US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 FIGURE 3b ?2600 11001 1 3700 PM 14900 1700 8500 50E-10 21600 12500 (3.2) LEGION ROAD I I I I III I ? I I ? ? I ELK ROAD I LOS D --- Q r 300' 0 (- ELK ROAD I I I I I I I LEGION ROAD Figure 1: Recommended Laneage and Storage (in feet) Elk Road and Legion Road U 38?9 2025 Design Year - CHURCH ENT. LOS B - - - - - - - - - - -- -- - - - - - - - ' 200' 100, go C MIDDLE SCHOOL ENT. Figure 2: Recommended Laneage and Storage (in feet) Elk Road and Church Entrance / Middle School Entrance 2025 Design Year 'J '`'?" FIGLTF CAMERON ROAD / GILLESPIE STREET u-3849 LOS D 300• CAMERON ROAD / GILLESPIE STREET Figure 7: Recommended Laneage and Storage (in feet) Elk Road and Cameron Road /Gillespie Street 2025 Design Year I-95 / US 301 BUS. ELK ROAD +j 414 1 LOS B u-3849 -t7 -t I-95 / US 301 BUS. Figure 8: Recommended Laneage and Storage (in feet) Elk Road and 1-95 /US 301 Business _ 2025 Design Year FIGURE 4b' ------------ o 0 • ALEXWOOD DRIVE O • O HIGH SCHOOL ENT, Figure 3: Recommended Laneage and Elk Road and Alexwood Drive /High U-3849 2025 Design Year Storage (in feet) School Entrance FIGURI 4c wv? 6? jj •> C T w S .a 1 ? h. ? aT+ C R = cc a cv _ = w 1,4 ? _ E ~p'o'o z, 10 ? o N O '? (. c t W M 0 t ?« r 9 b Vi ._ k ? 5 a +P , y f V] yr; z 0 H z U J? a? ?- V) w z 0 U V Z O? 00 O z .00,00 1 •`?'?'3'.., T , as - b„ _ - I - LL. E 01 1 I -p -' - - --- - - -- °' d ¢ CL Z?,?' w z HI s i-- ?c)I- dF d LI E-' w W -1 a < (? i a -?- N GZd°'w ?d a l ( rl N O E-' ...? w Zm) D ZD Z > CO is # -i- 8 o i,? o oi'°? PFa[yF dZ3?n" wd a V F q N _• _ O rn U Fr 100 q ri U 7 ?i O z. c 2 -_ ?. c N GG f+4. 2 C z vii F IS- 1 .. F I J ,?O o a 00 cv1 -- m0 [C F O O a3 .3 ??qqpp m Z z z u 9 o z U 'Y J\ 00 O . H a N F < c u F F u w w O O -7 O N z ° 1 EC 0 > O p m = t? a c a .. t- 7 y z a 00 M 00 p a p c'1 ,2 d U 0 U N N W M N / 11 w _ j= s I N of w w _ 10 T r ? , OE-9 I I i E dO 'A, II l_j, ° C1V SAY . ?' r - 9' -r 1 -? V?,e, I It I_ i h A (12I CTa 3ZI iv p Ob U _ I 117 'G - / 0 -' N \ P E I: 0{ Y s , s ° I fj? I -31 a a 1 I ? 1 u j t 1 ? y? I 1N e. 'f . U 211; ..'? r cr? ?. ?r \ I N.{ ?F'? tt I iYr i ?,• ?. `?. ti~ i7' t r E r td- a ?,, f I L ? / yc Jr• _'? .';ir I.. ti, 1? ? r ? it .?? ?. ? ' _-, . ??w?4 wor yBEGIN at- , r e? 'y% SOP PROJECT ! , R _ • '? , Yti ` t • - x32 t i? • / - 44 ?- .. ? f - • 7 ?.? . ' is : 1' - 911otJc ? ? ?z• -.. _ _ \ r f Y ! • • -- y -- + ` - • ? LEGEND ' • t PROPOSED PROJECT - FLOODPLAIN Y ? \t? ?• z j . n 5 : jr I _ D% I ? 'i NORTH CAROLINA DEPARTMENT OF TRANSPORTATION r PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS BRANCH SR 1363 (ELK ROAD) LE GION ROAD TO 1-95BUS/US 301 CUMBERLAND COUNTY TIP PROJECT U-3849 SCALE: ° FEET 200° FIGURE 7 GRAPHIC BY: CHARLES STURDNANT DATE: 01 /22/04 ? F- D 2 O c? 2 C7 O Q -dK- I Z O V - W co a I co V N N ui o - o L Q LL CL W CL Ln O I H 0 - CL Cli 0 s O O 2 O APPENDIX A Federal Aid #f,STP-1363(3) TIP # U-3849 County: Cumberland CONCURRENCE FORM FOR PROPERTIES NOT ELIGIBLE FOR THE NATIONAL REGISTER OF HISTORIC PLACES Project Description: SR 1363 from I-95 (BUS) to Legion Road On June 18, 2002, representatives of the 2 North Carolina Department of Transportation (NCDOT) []?? Federal Highway.Administration (FHWA) North Carolina State Historic Preservation Office (HPO) ? Other Reviewed the subject project at ? `S coping meeting Historic architectural resources photograph review session/consultation ? Other All parties present agreed There are no properties over fifty years old within the project's area of potential effects. There are no properties less than fifty years old which are considered to meet Criteria Consideration G within the project's area of potential effects. ? There are properties over fifty years old within the project's Area of Potential Effects (APE), but based on the historical information available and the photographs of each property, the property identified as (List Attached) is considered not eligible for the National Register and no further evaluation of it is necessary. There are no National Register-listed or Study Listed properties within the project's area of potential effects. ? All properties greater than 50 years of age located in the APE have been considered at this consultation, and based upon the above concurrence, all compliance for historic architecture with Section 106 of the National Historic Preservation Act and GS 121-12(a) has been completed for this project. [There are no historic properties affected by this project. (Attach any notes or documents as needed Signed: Represen rive, NCDOT Date `?. 14 -Q::t ?- ) Z1)pZ FHWA, r the Division A str to ator, or other Federal Agency Date Representative, HPO ate State Historic Preservation Officer Date A- I ?yj? ?'YVcO "' ray ti North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator Michael F. Easley, Governor Division of Archives and History Lisbeth C. Evans, Secretary Jeffrey J. Crow, Director July 2, 2001 MEMORANDUM To: William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch From: David Brook ffi( Deputy State Histo reservation Officer Re: Proposed Improvements to State Road 1363 (Elk Road) from State Road 1132 (Legion Road) to I-95 Business (U.S. 301), Cumberland County, TIP Number L'-3849, ER 01-9852 Thank you for your letter of May 23, 2001, concerning the above project. No archeological sites are recorded adjacent to State Road 1363 in the proposed project area. Based upon our examination of mapping available to us, it appears this is a developed area. Therefore, if this project consists of only widening the existing, we recommend no archeological survey. However, we emphasize if any National Register listed or eligible structures are located in the project area they may include unassessed archeological components. Archeological investigation of such properties would be necessary. The survey of Cumberland County is more than 10 years old. We recommend that an architectural historian on your staff identify and evaluate any structures over fifty years of age within the project area, and report the findings to us. If the widening project is on new location please submit plans for further review. 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 919/733-4763. DB:kgc cc: FHwA Mary Pope Furr, NCDOT Tom Padgett, NCDOT Location Mailing Address Administration 507 N. Blount St. Raleigh, NC 4617 Mail Service Center Restoration 515 N. Blount St, Raleigh , NC 4613 Mail Service Center Survey & Planning 515 N. Blount St. Raleigh. NC 4618 Mail Service Center A-2 Raleigh 27699-4617 Raleigh 27699-4613 Raleigh 27699-4618 Telephone/Fax (919) 733-4763 •733-8653 (919)733-6547.715-4801 (919) 733-4763 •715-4801 Michael F. Easley, Governor Lisbeth C. Evans, Secretary September 4, 2001 North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator MEMORANDUM To: William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch From: David Brook Deputy State Hist ?c Preservation Officer Div }ves and History 4j zctor S SEP 6 2001 rn -? 0 DiVfS,'DlklOF c` HIGHWAYS 4 4./E C ?? n! AN' P. Re: Proposed Improvements to SR 1363 (Elk Road) from SR 1132 (Legion Road) to I-95 Business (U.S. 301), Cumberland County, TIP Number L'-3849, ER 01-9852 We have received information concerning the above project from the State Clearinghouse. We have conducted a search of our files and are aware of no structures of historical or architectural importance located within the planning area. However, since a survey has not been conducted in over a decade, there may be structures of which we are unaware located within the planning area. No archeological sites are recorded adjacent to SR 1363 in the proposed project area. Based upon our examination of mapping available to us, it appears this is a developed area. Therefore, if this project consists of widening the existing only, we recommend no archeological survey-. If the widening project is on new location please submit plans for further review. 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 919/733-4763. DB:kgc cc: SCH Administration Restoration Survey & Planning Location 507 N. Blount St. Raleigh. NC 515 N. Blount St. Raleigh. NC 515 N. Blount St. Raleigh. NC Mailing Address 4617 Mail Service Center 4613 Mail Service Center 4618 Mail Service Center Raleigh 27699-4617 Raleigh 27699-4613 Raleigh 27699-4618 Telephone/Fax (919) 733-4763 •733-8653 (919) 733-6547 9715-4801 (919) 733-4763 •715-4801 A-3 State of North Carolina Department of Environment and Natural Resources Division of Water Quality AM &I *Jd A*A Michael F. Easley, Governor William G. Ross, Jr., Secretary NCDEWP. Gregory J. Thorpe, Ph.D., Acting Director September 6, 2001 MEMORANDUM To: Melba McGee Through: John Dorne From: John E. Hennessy J4 f Subject: Scoping comments on proposed widening and extension of SR 1363 (Elk Road) from SR 1132 (Legion Road) to I-95 Business\US 301 in Cumberland County, Federal Aid Project No. STP- 1363(3), State Project No. 8.2443601, TIP U-3849, DENR No. 02E-0059. Reference your correspondence dated July 20, 2001 in which you requested comments for the referenced project. Preliminary analysis of the project reveals the potential for multiple impacts to perennial streams and jurisdictional wetlands in the project area. More specifically, impacts to tributaries of the Little Rockfish Creek (Class C waters, DWQ index No. 18-31-24-(7)) located in the Cape Fear River Basin is possible. Further investigations at a higher resolution should be undertaken to verify the presence of other streams and/or jurisdictional wetlands in the area. In the event that any jurisdictional areas are identified, the Division of Water Quality requests that NCDOT consider the following environmental issues for the proposed project: A. The document should provide a detailed and itemized presentation of the proposed impacts to wetlands and streams with corresponding mapping. B. There should be a discussion on mitigation plans for unavoidable impacts. If mitigation is required, it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental documentation. While the NCDWQ realizes that this may not always be practical, it should be noted that for projects requiring mitigation, appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. C. Review of the project reveals that no Outstanding Resource Waters, Water Supply Water, High Quality Waters, or Trout Waters will be impacted during the project implementation. However, should further analysis reveal the presence of any of the aforementioned waters, the DWQ requests that DOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction of the project. This would apply for any area that drains to streams having WS (Water Supply), ORW (Outstanding Resource Water), HQW (High Quality Water), SA (Shellfish Water) or Tr (Trout Water) classifications. 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper A-4 Mr. William D. Gilmore memo 09/06/01 Page 2 D. When practical, the DWQ requests that bridges be replaced on the existing location with road closure. If a detour proves necessary, remediation measures in accordance with the NCDWQ requirements for General 401 Certification.2726/Nationwide Permit No. 33 (Temporary Construction, Access and Dewatering) must be followed. E. Review of the project reveals that no High Quality Waters or Water Supply Waters will be impacted by the project. However, should further analysis reveal the presence of any of the aforementioned water resources, the DWQ requests that hazardous spill catch basins be installed at any bridge crossing a stream classified as HQW or WS (Water Supply). The number of catch basins installed should be determined by the design of the bridge, so that runoff would enter said basin(s) rather than flowing directly into the stream. F. If applicable, DOT should not install the bridge bents in the creek, to the maximum extent practicable. G. Wetland and stream impacts should be avoided (including sediment and erosion control structures/measures) to the maximum extent practical. If this is not possible, alternatives that minimize wetland impacts should be chosen. Mitigation for unavoidable impacts will be required by DWQ for impacts to wetlands in excess of one acre and/or to streams in excess of 150 linear feet. H. Borrow/waste areas should not be located in wetlands. It is likely that compensatory mitigation will be required if wetlands are impacted by waste or borrow. I. DWQ prefers replacement of bridges with bridges. However, if the new structure is to be a culvert, it should be countersunk to allow unimpeded fish and other aquatic organisms passage through the crossing. J. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is approved under General 401 Certification Number 3027/Nationwide Permit No. 6 for Survey Activities. K. In accordance with the NCDWQ Wetlands Rules 115A NCAC 2H.0506(b)(6) }, mitigation will be required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation becomes required, the mitigation plan should be designed to replace appropriate lost functions and values. In accordance with the NCDWQ Wetlands Rules 115A NCAC 2H.0506 (h)(3)), the Wetland Restoration Program may be available for use as stream mitigation. L. Sediment and erosion control measures should not be placed in wetlands. M. The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management. More specifically, stormwater should not be permitted to discharge directly into the creek. Instead, stormwater should be designed to drain to a properly designed stormwater detention facility/apparatus. N. While the use of National Wetland Inventory (NWI) maps and soil surveys is a useful office tool, their inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. A-5 Mr. William D. Gilmore memo 09/06/01 Page 3 Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact John Hennessy at (919) 733-5694. , cc: Dave Timpy, Corps of Engineers Wilmington Field Office Tom McCartney, USFWS David Cox,'NCWRC Personal Files Central Files C.\ncdot\TTP U-3849\comments\T1P U-3849 scoping comments.doc United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636.3726 September 4, 2001 ti Mr. William D. Gilmore, P.E., Manager StP Vii?? c: NCDOT Project Development and Environmental Analysis Branch, .? ; cr 1548 Mail Service Center `r •- ?`\''`' Raleigh, North Carolina 27699-1548 Dear Mr. Gilmore: Thank you for your letter of July 25, 2001 requesting information from the U.S. Fish and Wildlife Service (Service) for the purpose of evaluating the potential environmental impacts of the proposed widening and extension of SR 1363 (Elk Road) from SR 1132 (Legion Road) to SR 1131 (Cameron Road)/SR 1242 (Gillespie Road) to I-95 Business/US 301, Cumberland County, North Carolina (TIP No. U-3849). This report provides scoping information and is provided in accordance with provisions of the Fish and Wildlife Coordination Act (FWCA) (16 U.S.C. 661- 667d) and Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531- 1543). This report also serves as initial scoping comments to federal and state resource agencies for use in their permitting and/or certification processes for this project. The North Carolina Department of Transportation (NCDOT) proposes to widen SR 1363 to a four-lane, median divided facility with curb and gutter on a 100-foot right-of way. The project is approximately 1.5 miles in length. Generally, the Service recommends that wetland impacts be avoided and minimized to the maximum extent practical as outlined in Section 404 (b)(1) of the Clean Water Act Amendments of 1977. In regard to avoidance and minimization of impacts, we recommend that proposed highway projects be aligned along or adjacent to existing roadways, utility corridors, or previously developed areas in order to minimize habitat fragmentation and encroachment. Areas exhibiting high biodiversity or ecological value important to the watershed and region should be avoided. Crossings of streams and associated wetland systems should use existing crossings and/or occur on a structure wherever feasible. Where bridging is not feasible, culvert structures that maintain natural water flows and hydraulic regimes without scouring, or impeding fish and wildlife passage, should be employed. Highway shoulder and median widths should be reduced through wetland areas. Roadway embankments and fill areas should be stabilized by using appropriate erosion control devices and techniques. Wherever appropriate, construction in sensitive areas should occur outside fish spawning and migratory bird nesting seasons. A-7 -he National Wetlands Inventory (NWI) map of the Hope Mills 7.5 Minute Quadrangle indicates here may be wetland or stream resources in the specific work area. However, while the NWI naps are useful for providing an overview of a given area, they should not be relied upon in lieu ,f a detailed wetland delineation by trained personnel using an acceptable wetland classification methodology. Ve reserve the right to review any federal permits that may be required for this project, at the )ublic notice stage. Therefore, it is important that resource agency coordination occur early in he planning process in order to resolve any conflicts that may arise and minimize delays in ,roject implementation. n addition to the above guidance, we recommend that the environmental documentation for this roject include the following in sufficient detail to facilitate a thorough review of the action: A clearly defined and detailed purpose and need for the proposed project, supported by tabular data, if available, and including a discussion of the project's independent utility; A description of the proposed action with an analysis of all alternatives being considered. including the upgrading of existing roads and a "no action" alternative; A description of the fish and wildlife resources, and their habitats, within the project impact area that may be directly or indirectly affected; The extent and acreage of waters of the U.S., including wetlands, that are to be impacted by filling, dredging, clearing, ditching, or draining. Acres of wetland impact should be differentiated by habitat type based on the wetland classification scheme of the National Wetlands Inventory (NWI). Wetland boundaries should be determined by using the 1987 Corps of Engineers Wetlands Delineation Manual and verified by the U.S. Army Corps of Engineers (Corps); The anticipated environmental impacts, both temporary and permanent, that would be likely to occur as a direct result of the proposed project. The assessment should also include the extent to which the proposed project would result in secondary impacts to natural resources, and how this and similar projects contribute to cumulative adverse effects; Design features and construction techniques which would be employed to avoid or minimize the fragmentation or direct loss of wildlife habitat value; Design features, construction techniques, or any other mitigation measures which would be employed at wetland crossings and stream channel relocations to avoid or minimize impacts to waters of the United States; and, A-8 8. If unavoidable wetland impacts are proposed, we recommend that every effort be made to identify compensatory mitigation sites in advance. Project planning should include a detailed compensatory mitigation plan for offsetting unavoidable wetland impacts. Opportunities to protect mitigation areas in perpetuity, preferably via conservation easement, should be explored at the outset. The enclosed list identifies the federally-listed endangered and threatened species, and Federal Species of Concern (FSC) that are known to occur in Cumberland County. The Service recommends that habitat requirements for these federally-listed species be compared with the available habitat at the project site. If suitable habitat is present within the action area of the project, biological surveys for the listed species should be conducted. Environmental documentation should include survey methodologies and results. FSC's are those plant and animal species for which the Service remains concerned, but further biological research and field study are needed to resolve the conservation status of these taxa. Although FSC's receive no statutory protection under the ESA, we would encourage the NCDOT to be alert to their potential presence, and to make every reasonable effort to conserve them if found. The North Carolina Natural Heritage Program should be contacted for information on species under state protection. The Service appreciates the opportunity to comment on this project. Please continue to advise us during the progression of the planning process, including your official determination of the impacts of this project. If you have any questions regarding these comments, please contact Tom McCartney at 919-856-4520, Ext. 32. Sincerely, < ?:g ?z ? ?' e. " z4 Dr. Garland B. Pardue Ecological Services Supervisor Enclosure cc: COE, Wilmington, NC (David Timpy) NCDWQ, Raleigh, NC (John Hennessy) NCDN-R, Creedmoor, NC (David Cox) EPA, Atlanta, GA (Ted Bisterfeld) FWS/R4:TMcCartney:TM:09/04/01:919/856-4520 extension 32:\U-3849.tip A-9 CONIIION NAME SCIENTIFIC NAME STATUS CUMBERLAND COUNTY Vertebrates Bachman's "sparrow Aimophila aestivalis FSC American alligator Alligator mississippiensis T(S/A) Southern hognose snake Heterodon simus FSC* Red-cockaded woodpecker Picoides borealis Endangered Northern pine snake Pituophis melanoleucus melanoleucus FSC** Invertebrates Atlantic pigtoe Fusconaia masoni FSC Yellow lampmussel Lampsilis cariosa FSC Saint Francis' satyr Neonympha mitchellii francisci Endangered Vascular Plants Georgia indigo-bush (=Georgia Amorpha georgiana var. georgiana FSC leadplant) Sandhills milkvetch Astragalus michauxii FSC Venus flytrap Dionea muscipula FSC Resinous boneset Euvatorium resinosum FSC Small-whorled pogonia Isotria medeoloides Threatened* White wicky Kalmia cuneata FSC Sandhills bog lily Lilium iridollae FSC Pondberry (=Southern spicebush) Lindera melissifolia Endangered Bog spicebush Lindera subcoriacea FSC Pondspice Litsea aestivalis FSC Boykin's lobelia Lobelia bovkinii FSC Rough-leaved loosestrife Lvsimachia asperulaefolia Endangered Loose watermilfoil 1Vfvri0phvllum la-cum FSC Savanna cowbane Oxvpolis ternata FSC Carolina grass-of-pamassus Parnassia caroliniana FSC Wavyleaf wild quinine Parthenium radfordii FSC Conferva pondweed Potamogeton confervoides FSC Spiked medusa Pteroglossaspis ecristata FSC Sandhills pyxie-moss Pyxidanthera barbulata var. brevistvla FSC Awned meadowbeauty RheYia aristosa FSC Michaux's sumac Rhus michauxii Endangered American chaffseed Schwalbea americana Endangered Carolina goldenrod Solidago pulchra FSC Spring-flowering goldenrod Solidago verna FSC Pickering's dawnflower Stylisma pickeringii var. pickeringii FSC Carolina asphodel Tof eldia glabra FSC Roughleaf yellow-eyed grass Xyris scabrifolia F S C Januarv 15, 1999 A-10 Page 15 of 4,, DEPARTMENT OF ENVIRONMENT AND Project Number NATURAL RESOURCES D? E- oa5 DIVISION OF ENVIRONMENTAL HEALTH County Inter-Agency Project Review Response Project Name .2// Type of Project ")" ?? `??'•? ? The applicant should be advised that plans and specifications or all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C .0300et. seq.). For information, contact the Public Water Supply Section, (919) 733-2321. ? This project will be classified as a non-community public water supply and must comply with state and federal drinking water monitoring requirements. For more information the applicant should contact the Public Water Supply Section, (919) 733-2321. ? If this project is constructed as proposed, we will recommend closure of feet of adjacent waters to the harvest of shellfish. For information regarding the shellfish sanitation program, the applicant should contact the Shellfish Sanitation Section at (252) 726-6827. ? The soil disposal area(s) proposed for this project may produce a mosquito breeding problem. For information concerning appropriate mosquito control measures, the applicant should contact the Public Health Pest Management Section at (252) 726-8970. ? The applicant should be advised that prior to the removal or demolition of dilapidated structures, a extensive rodent control program may be necessary in order to prevent the migration of the rodents to adjacent areas. For information concerning rodent control, contact the local health department or the Public Health Pest Management Section at (919) 733-6407. ? The applicant should be advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et. sep.). For information concerning septic tank and other on-site waste disposal methods, contact the On-Site Wastewater Section at (919) 733-2895. ? The applicant should be advised to contact the local health department regarding the sanitary facilities required for this project. [ If existing water lines will be relocated during the construction, plans for the water line relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North Carolina 27699-1634, (919) 733-2321. For Regional and Central Office comments, see the reverse side of this form. n et ,.r?? L C L w' ,,? / c?/r C Reviewer ectio /Branch Date A-11 IL/IVIvIC1V 1 /y1 VU NATURAL RESOURCES Project Number DIVISION OF ENVIRONMENTAL HEALTH aos County 7 / ^ Inter-Agency Project Review Response r1 Project Name /li( gj?ect i?,?, Comments provided by: % ?t! ? Regional Program Person 2001 Regional Engineer for Public Water Suppl 74, n c `- jj ??pY ? Central Office program person Name: Date: f4z? Telephone number: 5 o' qf r - - Program within Division of Environmental Health: ? Public Water Supply ? Other, Name of Program: ZN se (check all applicable): objection to project as proposed ? No comment ? Insufficient information to complete review ? Comments attached ? See comments below Return to: Public Water Supply Section Environmental Review Coordinator for the Division of Environmental Health A-12 --t?r-?- Mate or Ivortn Larollna HIMEAR Department of Environment and Natural Resources INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS Project Number: Due Date: G After review of this project it has been determined that the DENR permit(s) and/or approvals indicated may need to be obtained in order t to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the rever- All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Norrr (Statt Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction facilities, sewer system extensions & sewer systems contracts. On-site inspection. Post-application technical conference usual. not discharging into state surface waters. NPDES-permit to discharge into surface water and/or Application 180 days before begin activity. On-site inspection preapplication permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater treatment S discharging into state surface waters. facility-granted after NPDE5. Reply time, 30 days after receipt of plans or issue of NPDES permit-whichever is later. Water Use Permit Preapplication technical conference usually necessary Well Construction Permit Complete application must be received and permit issued prior to the installation of a well. Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. On-site inspection. Preapplication conference usual. Filling may require Easement to Fill from N.C. Department of Administration and Federal Dredge and Fill Permit. Permit to construct & operate Air Pollution Abatement facilities and/or Emission Sources as per 15 A NCAC N/A (2Q.0100, 2Q.0300, 2H.0600) Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D.1900 Demolition or renovations of structures containing asbestos material must be incompliance with 15 A NCAC 2D.1110 (a) (1) which requires notification N/A and removal prior to demolition. Contact Asbestos Control Group 919.733-0820. Complex Source Permit required under 15 A NCAC 20.0800 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation control plan will be required if one or more acres to be disturbed. Plan filed with prop`r Regional Office (Land Quality Section)at4eesr38; a sxfsre beginning activity. ?°° t cnn c .ti C tt arro nr a __ ____ \ T V ?' `?, 1_- `?? y' ?}1 P °.y ` ` ed Local Ordinance. eferenc The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the r Mining Permit On-site inspection usual. Surety bond filed with DENR. Bond amount varies with type mine and number of acres of affected land. Any are mined greater than one acre must be permitted. The appropriate bond must be received before the permit can be issued. North Carolina Burning permit On-site inspection by N.C. Division of Forest Resources if permit exceeds 4 days Special Ground Clearance Burning Permit-22 counties On-site inspection by N.C. Division of Forest Resources required "if more than five in coastal N.C..with organic soils. acres of ground clearing activities are involved. Inspections should be requested at least ten days before actual burn is planned." Oil Refining Facilities N/A Dam Safety Permit If permit required, application 60 days before begin construction. Applicant must hire N.C. qualified engineer to: prepare plans, inspect construction, certify construction is according to DENR approved plans. May also require permit under mosquito control program, and a 404 permit from Corps of Engineers. An inspection of site is necessary to verify Hazard Classification. A minimum fee of $200.00 must accompany the application. An additional processing fee based on a percentage or the total project cost will be required upon completion. A-13 PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Nor mal Rcte_ Time --? Permit to drill exploratory oil or gas well File surety bond of $5,000 with DENR running to State of N.C conditional that any tutory (Statutory Time Li.nit) opened by drill operator shall, upon abandonment, be plugged according 10 days to DENR rules and regulations. (N.!A) Geophysical Exploration Permit Application filed with DENR at least 10 days prior to issue of permit. Application 10 days by letter. No standard application form. (N/A) State Lakes Construction Permit Application fees based on structure size is charged. Must include descriptions & drawings of structure & proof of ownership of riparian property. 15 - 20 days (NI A) 401 Water Quality Certification N/A 55 days (130 days) CAMA Permit for MAJOR development $250.00 fee must accompany application 60 days (130 days) CAMA Permit for MINOR development $50.00 fee must accompany application 22 days (25 days) Several geodetic monuments are located in or near the project area. If any monument needs to be moved or destroyed, please notify: N.C. Geodetic Survey, Box 27687 Raleigh, N.C. 27611 1 Abandonment of any wells, if required must be in accordance with Title 15A. Subchapter 2C.0100 i Notification of the proper regional office is requested if 'orphan" underground storage tanks (USTS) are discovered during any excavation operation. F-1I Compliance with 15A NCAC 2H 1000 (Coastal Stormwater Rules) is required. 1 Other comments (attach additional pages as necessary, being certain to cite comment authority) REGIONAL OFFICES 45 days (N/A) Questions regarding these permits should be addressed to the Regional Office marked below. ? Asheville Regional Office ? Mooresville Regional Office ? Wilmington Regional Office 59 Woodfin Place 919 North Main Street 127 Cardinal Drive Extension Asheville, N.C.28801 Mooresville, N.C.28115 Wilmington, N.C.28405 (828) 251-6208 (704) 663-1699 (910) 395-3900 ? Fayetteville Regional Office ? Raleigh Regional Office ? Winston-Salem Regional Office 225 Green Street, Suite 714 3800 Barrett Drive, P.O. Box 27687 585 Waughtown Street Fayetteville, N.C.28301 Raleigh, N.C.27611 Winston-Salem, N.C.27107 (910) 486-1541 (919) 571-4700 (336) 771-4600 ? Washington Regional Office 943 Washington Square Mall Washington, N.C.27889 (252) 946-6481 a R A-14 ® North Carolina Wildlife Resources Commission I? Charles R. Fullwood, Executive Director MEMORANDUM TO: Melba McGee Office of Legislative and Intergovetmnental Affairs, DENR FROM: David Cox, Highway Project C r Habitat Conservation Program DATE: September 28, 2001 SUBJECT: Request for information from the N. C. Department of Transportation (NCDOT) regarding fish and wildlife concerns for SR 1363 (Elk Road) widening and extension, from SR 1132 (Legion Road) to T-95 Business/US 301, Cumberland County, North Carolina. TIP No. U-3849, SCII Project No. 02-E-0059. This memorandum responds to a request from Mr. William D. Gilmore of the NC:DOT for our concerns regarding impacts on fish and wildlife resources resulting from the subject project. Biologists on the staff of the N: C. Wildlife Resources Commission (NCWRC) have reviewed the proposed improvements. Our comments are provided in accordance with certain provisions of the National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 LJ,$.C. 661-6674). We have no specific concerns regarding this project. However, to help facilitate document preparation and the review process, our general informational needs are outlined below: 1. Description of fishery and wildlife resources within the project area, including a listing of federally or state designated threatened, endangered, or special concern species. Potential borrow areas to be used for pr(?iw construction should be included in the inventories. A listing of designated plant species can be developed through consultation with: The Natural Heritage Program N, C. Division of Parks and Recreation 1615 Mail Service Center Raleigh, M C. 27699-1615 (919) 733-7795 Mailing Address: Division of Inland Fisheries • '_721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 733-3633 c A-15 rax: (919) 715-7643 Memo and, 2 . September 28, 2001 NCDA Plant Conservation Program P. 4. Box 27647 Raleigh, N. C. 27611 (919) 733-3614 2. Description of any streams or wetlands affected by the project. The need for ehannelizing or relocating portions of streams crossed and the extent of such activities. 3. Covet type maps showing wetland acreages impacted'by the project. Wetland acreages should include all project-related areas that may undergo hydrologic change as a raplt of duelling, other drainage, or filling for project construction. Wotlattd identification may be accomplished through coordination with the U. S.. Army Corps of Engineers (COE). If the COE is not consulted, the peraotr delineating wetlands should be identi fied and criteria listed. 4. Covcr type maps showing acreages of uplgnd wildlife habitat impacted by the proposed project. Potential borrow sites should be included. 5. The extent to which the project will result in Im, degradation, or fragmentation of wildlife habitat (wetlands or uplands). 6. Mitigation for avoiding, minimizing or compmsating for direct and indirect degradation in habitat quality as well as quantitative losses. 7. A cumulative impact assessment section which analyzes the environmental eflccts of highway constmtion and quantifies the contribution of this individual project to environmental degradation. 8. A discussion of the probable impacts on natural resources which will result from secondary development facilitated by the improved road access. 9. If construction of this facility is to be coordinated with other state, municipal, or private development projects, a description of these projects should be included in the environmental document, and all project sponsors should he identifcd, Thant: you I,or the opportunity to provide input iu irl the early planning stages for this project. If we can further assist your office, please contact me at (919) 528-9886. cc: USFWS, Raleigh A-16 North Carolina Department of. Administration Michael F. Easley, Governor September 6, 2001 Gwynn T. Swinson, Secretary Mr. William Gilmore N.C. Dept. of Transportation Project Dev. & Env. Analysis Branch Transportation Bldg. - 1548 MSC Raleigh, NC 27699-1548 Dear Mr. Gilmore: OCT 5 2!'G1 Re: SCH File' 02-E-4220-0059; Scoping Proposed Improvements to SR 1363 (Elk Road) in Cumberland Co.; TIP' U-3849 The above referenced project has been reviewed through the State Clearinghouse Intergovernmental_ Review Process. Attached to this letter are comments made by agencies review-ine this document. Should you have any questions, please do not hesitate to call me at (919) 807-2425. Attachments cc: Region M Sincerely, 6? 6%p L-? Ms. Chrys Baggett Environmental Policy Act Coordinator 116 West Jones Street Raleigh, North Carolina 27603-8003 Telephone 919-807-2425 An Equal Opportunity / Affirmative Action Employer A-17 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 A IN REPLY REFER TO June 22, 2001 Regulatory Division tl j???? ? Subject: Action ID No. 200100862 Mr. William D. Gilmore, P.E., Manager North Carolina Department of Transportation Project Development & Environmental Analysis 1548 Mail Service Center Raleigh, N.C. 27699-1548 Dear Mr. Gilmore: I am responding to your Memorandum to David Timpy.dated May 23, 2001 requesting scoping comments on TIP Project U-3849, SR 1363 (Elk Road), from SR 1132 (Legion Road) to I- 95 Business (US 301), Cumberland County, North Carolina. A site visit was conducted on June 14, 2001 to identify and determine the extent of jurisdictional areas and to become acquainted with the proposed project. As a result of the site visit, jurisdictional areas as defined at 33 CFR 328.3(a) were identified at the proposed project site. Therefore, Department of the Army (DA) permit authorization pursuant to Section 404 of the Clean Water Act of 1977, as amended, will be required for the discharge of dredged, excavated or fill material into waters of the United States, including wetlands associated with this project. Based on the information provided in the reference memorandum and the site visit, it appears that the proposed project will involve the crossing of two un-named tributaries to Little Rockfish Creek. The extent of these jurisdictional areas should be delineated in the field and identified in the project planning report (Environmental Assessment). An assessment of the proposed impacts from this project should contain the amount of both permanent and temporary impacts to surface waters and wetlands and should indicate quantities by type (e.g. wetland verses stream). If concrete structures are a component of this project, methods must be employed to avoid any contact of "live" concrete with surface waters and all instream construction should be conducted in the "dry" by use of stream diversion methods. If temporary stream diversions are to be utilized, a plan and description should be provided showing the proposed structure and method of diversion. A restoration plan will be required showing how the diversion area will be returned to pre-construction conditions following the completion of the project. If restoration involves revegatation of the disturbed area, the plan should include a planting scheme using only endemic vegetation The type of authorization and any specific permit requirements will depend on the crossing design, extent of the fill work within jurisdictional areas, construction methods and other public interest and environmental factors. Based on the site visit, project description in the above A-18 a referenced memorandum and the apparent level of aquatic resource impacts associated with the proposed project, coordination pursuant to the integrated NEPA/Section 404 merger agreement does not appear to be warranted. We appreciate this opportunity to provide you with our scoping comments. Should you have any questions or wish to discuss our comments further, please call Mr. Richard K. Spencer at the Wilmington Field Office at 910-251-4172. Sincerely, E. David Franklin Chief, NCDOT Team 11 Copies Furnished: Ms. Beverly Robinson NC Department of Transportation Project Development & Environmental Analysis 1548 Mail Service Center Raleigh, N.C. 27699-1548 Mr. Garland Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr..David Cox North Carolina Wildlife Resources Commission Habitat Conservation Program 1142 1-85 Service Road Creedmoor, North Carolina 27564 Mr. John Dorney NCDENR-DWQ Wetlands Section 1650 Mail Service Center Raleigh, NC 27699-1621 N-19 APPENDIX B 11/03/2003 16:42 910-486-1077 NC DOT R/W DIV 6 PAGE 02/02 R LOCATION -REPORT North arollna Department of Transponation 17-71 AREA RELOCATION OFFICE Y E.I.S. CORRIDOR DESIGN Lai s PROJECT: 8.2443601 COUNTY Cumberland Alternate 1 of 1 _Altemato I.D: n'O.: U-3849 F.A. PROJECT ISTP-1363(3) DESCRIPTION OF PROJECT: Secondary Road 1363 (Elk Road) from S R 1132 egion Road so I-95. Business! US 301 . .;ter. o- ... .> 6. ::•;;,.. i F:Er ?:. ... ...: ..: E E' ? is I• :: ` :"" ?f::, ::' "J;3f;'!i1! : 1 x.51 :•..?; ?' ? `?'+'?Si'0 ?:? ??. : r':I?:;"` :f E `7i: , I.. ! , ?.S ATE?t ?i,aPf.,? Type of UIs lacees Own p era Tenants Total Mlnodfies 0-15M 15-25M 25-35M 35-50M 50 UP Residential 8 1 9 5 1 9 Businesses 0 0 a???fu :6F. ii?weisliuc> l(, aw?uiNi0;"?"i?i tl Farms 0 0 0 0 Owners Tenant s' For Szil e For Rent Non-Profit 0 0 0 0 0-206 1 $ 0.150 a2orl _ 20 $0-150 p II ! sii : ?N8yyERJALt'.QltE$1IOt?g"`, li•.. ' 20410m 150-230 20-4DrYi 100 15025(1 20 Yes No stn all "YES" answers. 40.70M 250400 1 40-7001 _ 600 250100 40 X 1. Will special relocation services be nelmssary? 70-t00r 1 400400 70-100M 900 400- 11 250 X 2- Will schools or churches be affect by 100 up 7 500 up too M. 800 NO ur' 250 displacement? ToTA' g" ICI I .1 :2,4 20 it , 510 X 3. Will business services still be available after o ® , ; ; „ ?tEIUhATZ11 ( ?# oy i urr IN 1 ''I'` `! c co l ' Note. The 0-20 M Dwel li (value) Is abandoned 3. No Businessi a acted E 4- WIII any business be displaced? If so, 6 & 14. MLS, Local ft ltors, Newspapers, etc. li 3. A indicate slzs, type, estimated number of 8• As mandated Law li Il; . ;i;( employees, minorities, etc, 9, Number Unk io n X 5. Will relocation cause a housing shortage? 11. Cumberland C unty 6. Source for available housing (list). 12. Or Built if ne. sarv X 7. WIII additional housing programs be needed? X 8. Should Last Resort Housing be considered? X 8. Are there large, disabled, elderly, etc. ilj;111'IS;lil,ll( families? X 10. Will public housing be needed for project? X '11. Is public housing available? X 12. Is it felt there will be adequate DSS housing Fia;li. 1. housing available during relocation period? X 13. Will there be a problem of housing wifiln financial means? X 14. Are suitable business sites available (list 44 i l<. (741!? l ?lal%°i source). 3:. Il i?!IIIUni,; fill ', lt(11111 15. Number months estimated to complete RELOCATION? 18-24 Months a 10-13-03 roved Date, Cr1gInpI&jCapy- . Sete Re.ocatlon Agent. 2 Copy Rght of 1Ysy oH1cF B-1 All property acquisitions are subject to the Uniform Relocation and Real Property Acquisitions Policies Act of 1970, as amended. This Act provides for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by Federal and federally-assisted programs, and establishes uniform and equitable land acquisitions policies. Relocation assistance payments and counseling will be provided to persons and businesses in accordance_with the Federal Uniform Relocation Assistance and Real Properties Acquisitions Policies Act, as Amended, to ensure adequate relocation and a decent, safe, and sanitary home for displaced residents. All eligible displacees will be entitled to moving expenses. All benefits and services will be provided equitably to all residential and business relocatees without regard to race, color, religion, age, national origins and disability as specified under Title VI of the Civil Rights Act of 1964. When relocation is necessary, it is the policy of NCDOT to ensure that comparable replacement housing will available prior to construction of state and federally-assisted projects. Furthermore, the North Carolina Board of Transportation has the following three programs to minimize the inconvenience of relocation. *Relocation Assistance, *Relocation Moving Payments, and *Relocation Replacement Housing Payments or Rent Supplement. These regulations and programs help ensure that property owners are compensated fairly for the loss of value of their property. B-2 Cn W W J Lli U) O Z a LLJ J ? LLI _U 01-1 CL co i ?I co o d- ,-. CC) ? "' N 06 W O Ni rni C/) 00 ! v ' W 01 O I i 0 ° M ! 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