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HomeMy WebLinkAboutU2508State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director MEMORANDUM June 22, 1995 To: Melba McGee Through: John Dor4p Monica Swihart From: Eric Galamb7? Subject: FONSI for Mallard Creek Road Mecklenburg County TIP #U-2508 DEHNR # 95-0854, DEM # 10963 A IF '4q- reeJA ID F-= F1 The subject document has been reviewed by this office. The Division of Environmental Management is responsible for the issuance of the Section 401 Water Quality Certification for activities which impact waters of the state including wetlands. The document states that waters including wetlands will be impacted. DOT did an excellent job of investigating our concerns expressed as a result of the EA review. Furthermore, the coordination between DOT and DEM was beneficial to both parties. DEM appreciates the effort undertaken by DOT for this project. DEM agrees with the decision to widen existing Mallard Creek Road. DOT is reminded that endorsement of a FONSI by DEM would not preclude the denial of a 401 Certification upon application if wetland impacts have not been avoided and minimized to the maximum extent practicable. Questions regarding the 401 Certification should be directed to Eric Galamb (733- 1786) in DEM's Water Quality Environmental Sciences Branch. mallard.fon cc: Frank Vick, DOT Ted Devans, DOT P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper _. 7 Department of Environment, Health, and Natural Resources - ? Project located in 7th floor library Office of Legislative and Intergovernmental Affairs Project Review Form 1Q? l0 Project Number: County: Date: Date Response Due (firm deadline): This project is being reviewed as indicated below: I ?ifPU?}I/JLv ?? • ?g ,3G? Regional Office/Phone Regional Office Area In ouse Review ? Asheville ? All RIO Areas ? Soil and Water ? Marine Fisheries ill ? F tt ? Air ? Coastal management ? Water Planning ev aye e ? Water ? Water Resources ? Environmental Health ? Mooresville El Groundwater Wildlife El Solid waste management ? Raleigh ? Land Quality Engineer .Forest Resources ? Radiation Protection hi t ? W ? Recreational Consultant ? Land Resources ? David Foster ng on as ? Coastal Management Consultant Parks and Recreation ? Other (specify) ? Wilmington ? Others Pnvironmental Management RECEIVED ? Winston-Salem PWS Monica Swihart JUN 06 soc ENVIRONMENTAL SCIENCES r'-f a • •nu Manager Sign-Off/Region: Date: In-House Reviewer/Agency: Response (check all applicable) Regional Office response to be compiled and completed by Regional Manager ? No objection to project as proposed ? No Comment ? Insufficient information to complete review ? Approve ? Permit(s) needed (permit files have been checked) ? Recommended for further development with recommendations for strengthening (comments attached) ? Recommended for further development if specific & substantive changes incorporated by funding agency (comments attachedlauthority(ies) cited) In-House Reviewer complete individual response. ? Not recommended for further development for reasons stated in attached comments (authority(ies) cited) ?Applicant has been contacted ? Applicant has not been contacted ? Project Controversial (comments attached) ? Consistency Statement needed (comments attached) ? Consistency Statement not needed ? Full EIS must be required under the provisions of NEPA and SEPA ? Other (specify and attach comments) RETURN TO: Melba McGee PS-104 Office of Legislative and Intergovernmental Affairs , Charlotte, Mecklenburg County Widening of Mallard Creek Church Road SR 2472 from SR 2681 to US 29, and SR 2833 from US 29 to NC 49, F. A. Project STP - OOOS (72) State Project 8.2672601 T.I.P. Project U-2508 ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT and Programmatic Section 4(f) Evaluations U. S. Department of Transportation Federal Highway Administration and N.C. Department of Transportation Division of Highways Submitted Pursuant to 42 U.S.C. 4332(2)(C) and 49 U.S.C. 303 Date -4;f- H. Franklin Vick, P. E., Manager Planning and Environmental Branch, NCDOT ¢/7, p? Liacl G Date Fiicho L. Graf, P. E. Division Administrator, FHWA N Charlotte, Mecklenburg County Widening of Mallard Creek Church Road, SR 2472 from SR 2681 to US 29, and SR 2833 from US 29 to NC 49, F. A. Project STP - OOOS (72) State Project 8.2672601 T.I.P. Project U-2508 ADMINISTRATIVE ACTION FINDING OF NO SIGNIFICANT IMPACT and Programmatic Section 4(f) Evaluations Document Prepared in Planning and Environmental Branch By: Thomas E. Devens, P.E. ?.••?s?ESS/oN ;f Project Planning Engineer i 4 SEAL i = 18334 N N Z601?11-?qS E. ?E Robert Hanson, P.E. Project Planning Unit Head .0 Charlotte, Mecklenburg County Widening of Mallard Creek Church Road, SR 2472 from SR 2681 to US 29, and SR 2833 from US 29 to NC 49, F. A. Project STP - OOOS (72) State Project 8.2672601 T.I.P. Project U-2508 1. TYPE OF ACTION This is a Federal Highway Administration (FHWA), Finding of No Significant Impact (FONSI). The FHWA has determined that this project will not have any significant impact on the human or natural environment. This Finding of No Significant Impact is based on the Environmental Assessment for the subject project, which has been independently evaluated by the FHWA and determined to adequately and accurately discuss the environmental issues and impacts of the proposed project. It provides sufficient evidence and analysis for determining that an Environmental Impact Statement is not required. The FHWA takes full responsibility for the accuracy, scope, and content of the Environmental Assessment. II. DESCRIPTION OF ACTION The North Carolina Department of Transportation, Division of Highways, proposes to widen Mallard Creek Church Road to a multi-lane cross-section from SR 2681 to NC 49. The project is located in the northeast Charlotte area in Mecklenburg County (See Figure 1 in the Environmental Assessment for project location). This project is included in the 1995-2001 Transportation Improvement Program (TIP). The TIP has allocated $3,060,000 for right-of-way acquisition and $5,100,000 for construction of this project (U-2508). The project is currently planned for construction in two phases. From SR 2681 to US 29, right-of-way acquisition is scheduled to commence in Fiscal Year (FY) 1995, with construction letting scheduled for FY 1996. From US 29 to NC 49, right-of-way acquisition will begin in FY 1997, with letting scheduled for FY 1998. This 2.2 mile project has an estimated cost of $8,700,000 (including $5,890,000 for construction and $2,810,000 for right-of-way). Mallard Creek Church Road is designated as SR 2472 from SR 2681 to US 29, and SR 2833 from US 29 to NC 49. From SR 2681 to US 29, the existing two-lane facility is to be widened to a four-lane highway with two 12-foot travel lanes in each direction (See Figure 2). Each travel direction will be divided by a 16-foot raised median. The median will be raised above inside, modified curbs, and will consist of grass and spaced plantings of small trees which are indigenous to the area. An 2 8-foot shoulder (including 6 feet of pavement and 2 feet of grass) will be constructed adjacent to the outside edge of pavement. The paved width of this shoulder will accommodate bicycle traffic. From US 29 to NC 49, a four-lane highway with a 12-foot inside and 14-foot outside travel lane in each direction is proposed (to accommodate bicycle traffic). See Figure 3. Each travel direction will be divided by a 16-foot raised median. The median will be raised above inside, modified curbs, and will consist of grass and spaced plantings of small trees which are indigenous to the area. Curb and gutter and an 8-foot berm will be utilized adjacent to the outside edge of pavement. Existing grade of the bridge (and approaches) over Mallard Creek may be raised to reduce the magnitude of a "sag" vertical curve from US 29 to the bridge to SR 2834. The roadway will utilize existing alignment to the extent possible between SR 2681 and SR 2834 (Mary Alexander Road). From Mary Alexander Road to NC 49, a new extension of Mallard Creek Church Road is recommended (See Figure 4). The extension is proposed on new location, intersecting NC 49 at its existing intersection with SR 2939 (Old Concord Road). The "old" section of Mallard Creek Church Road in the vicinity of Mary Alexander Road will be realigned to "tee" into the new extension of Mallard Creek Church Road (See Figure 4). Old Concord Road will be realigned to accommodate an improved four-way intersection with NC 49 and the new Mallard Creek Church Road extension. Recommended minimum right-of-way width from SR 2681 to US 29 is 120 feet plus any cut/fill slopes or easements. From US 29 to NC 49, a minimum of 100 feet is proposed. The realigned sections of Concord Road and "old" Mallard Creek Church Road require a minimum of 60 feet of right-of-way. No control of access is recommended. III. LIST OF ENVIRONMENTAL COMMITMENTS All standard procedures and measures will be implemented to avoid and minimize environmental impacts. Impacts will be minimized by utilizing Best Management Practices during construction. During development of the erosion control plan in the vicinity of the two wetland mitigation sites, NCDOT will coordinate with the Asheville Regulatory Office of the U. S. Army Corps of Engineers. A 401 Water Quality Certification administered through the N.C. Department of Environment, Health, and Natural Resources will be required. In accordance with provisions of Section 404 of the Clean Water Act (33 U. S.C. 1344), a permit will be required from the United States Army Corps of Engineers for the discharge of dredged or fill material in "Waters of the United States." It is anticipated that the provisions of Nationwide Permit 33 CFR 330.5(A) 14 and 26 will apply to this project. Final permit decisions, however, are left to the discretionary authority of the United States Army Corps of Engineers. As mitigation for wetland impacts from the Charlotte Outer Loop (TIP project R-211), two lowland sites adjacent to Mallard Creek and Mallard Creek Church Road have been converted into wetlands. It is vitally important that, during the design phase of this project, every effort be 3 taken to avoid impacting these sites. Plans of the mitigation sites are available in the Roadway Design Branch of NCDOT. Wetlands serve as a natural buffer between urban runoff and the natural environment. Therefore, in the vicinity of the two wetland mitigation areas adjacent to Mallard Creek, NCDOT will make every attempt to divert stormwater from the recommended curb and gutter facility into the wetlands. This requirement should include stormwater which falls on the proposed highway from US 29 to approximately SR 2834 (Mary Alexander Road). Stormwater should first run through the wetlands before entering Mallard Creek. Where grades do not allow diversion of water to the wetlands, efforts will be made to divert stormwater into grass swales and ditches before reaching Mallard Creek. NCDOT will survey a potential area of forested wetlands which is located in the southwest quadrant of the US 29 intersection with Mallard Creek Church Road, just northwest of Mitigation Area A. NCDOT will coordinate with the Asheville Field Office of the Corps of Engineers for the determination and subsequent delineation of any additional jurisdictional wetlands. If any additional wetlands are found, then suitable permit application will be submitted to the Corps after final project design. In order to minimize effect on historic properties, NCDOT has committed to the following measures: 1. In the vicinity of the W.T. Alexander House, NCDOT will landscape the grassed median with wax myrtles, forsythia, and/or scotch broom. NCDOT will also plant a screen of trees and shrubs on the north side of SR 2472 at areas where no landscape buffer currently exists. Prior to the initiation of construction, NCDOT shall submit the landscaping plan to the State Historic Preservation Office for review and comment. 2. In the vicinity of the W.T. Alexander House, NCDOT will minimize the clearing of trees in the right-of-way. During construction, traffic control measures will be taken to prevent interference with access to the parking lot of the UNCC District Park, located east of the US 29 intersection with Mallard Creek Church Road. Any areas of the park that are disturbed by construction will be restored and landscaped. As a part of this project, NCDOT plans to incorporate the proposed Mallard Creek Greenway into the design for the replacement bridge over Mallard Creek. NCDOT is committed to further coordination with the Mecklenburg Parks and Recreation Department to produce a bridge design which provides adequate clearances for a bicycle underpass. Cost estimates will not be finalized until later design phases, at which time cost-sharing can be addressed. NCDOT will participate with the City of Charlotte on a cost-share basis to provide a pedestrian facility on Mallard Creek Church Road, from US 29 to NC 49. A sidewalk is recommended on the southwest side of Mallard Creek Church Road. 4 The replacement bridge for Bridge Number 84 (carrying Mallard Creek Church Road over Mallard Creek) will have sidewalks constructed on both sides of the bridge deck. Six geodetic markers are located along the project and will be impacted by the construction. Prior to construction, NCDOT will contact the North Carolina Geodetic Survey. A plant screen will be planted along the project, between SR 4671 and SR 2834, to visually shield homes from the proposed highway. IV. SECTION 4(f) RESOURCES This project necessitates the use of a minor amount of land from 1) the UNCC District Park belonging to the Mecklenburg County Parks and Recreation Department, and 2) from the Alexander property, a property which is considered eligible for the National Register of Historic Places (See Figure 4 in the Environmental Assessment). Both properties are adjacent to the existing roadway. Since the minor use of this land meets the criteria set forth in the Federal Register (December 23, 1986), a programmatic Section 4(f) evaluation satisfies the requirements of Section 4(f) of the Department of Transportation Act of 1966. Programmatic Section 4(f) Evaluations are provided in Appendix B. The following alternatives, which avoid use of the park and historic site, have fully been evaluated: 1) Do Nothing. 2) Widen the highway without using land from the park or the historic site. 3) Build the improved facility on new location without using land from the park or the historic site. These alternatives were not found to be feasible and prudent. Building an improved facility on new location without using land from the park of the historic site does not satisfy the needs of the project, and introduces significant additional cost. In addition, the layout of the UNCC District Park and the Alexander property would force a new location alternative well to the north of the existing project location. A widening alternative was studied which entirely misses the Alexander property and the UNCC District Park (See Figure 6 in the Environmental Assessment). The alternative widens Mallard Creek Church Road to the opposite side from these properties. This alternative was not found to be feasible and prudent for the following reasons: 1. The alignment results in the removal of several apartments and homes, resulting in the relocation of 35 additional residences. This is an extraordinary amount of upheaval to a community. 5 2. The alignment results in the destruction of approximately 0.4 acre of an existing wetland mitigation area that has been approved by the U. S. Army Corps of Engineers. The recommended alternative does not impact the wetlands. 3. The alignment will remove a pond which is located across Mallard Creek Church Road from the Alexander property. 4. The avoidance alternative will cost $530,000 more than the recommended alternative. 5. The avoidance alignment causes a curved approach to the US 29 intersection, thereby increasing the chance for accidents to occur. 6. The recommended alternative would be closer to the remaining homes and apartments along Mallard Creek Church Road (between Mallard Creek and SR 2834) that it did not relocate. All planning to minimize harm to the park and to the historic property has been performed as an integral part of this project. The officials having jurisdiction over these Section 4(f) properties have agreed, in writing, with the assessment of impacts resulting from the use of the properties and with the mitigation measures to be provided. This project has been coordinated with the State Historic Preservation Officer(SHPO), whose correspondence is attached to this document. The SHPO has concurred that this project, as proposed, has no adverse effect on the Alexander property. . Measures to minimize harm to the Alexander property include the following: 1. In the vicinity of the W.T. Alexander House, NCDOT has agreed to landscape the grassed median with wax myrtles, forsythia, and/or scotch broom. NCDOT will also plant a screen of trees and shrubs on the north side of SR 2472 at areas where no landscape buffer currently exists. Prior to the initiation of construction, NCDOT shall submit the landscaping plan to the State Historic Preservation Office for review and comment. 2. In the vicinity of the W.T. Alexander House, NCDOT will minimize the clearing of trees in the right-of-way. Widening Mallard Creek Church Road will not use land from any area of the UNCC District Park which is used for activities, ie, the athletic fields or parking. However, access to the park is still a concern. Therefore, measures to minimize harm include the following: 1. During construction, traffic control measures will be taken to prevent interference with access to or operations of the soccer fields belonging to the Mecklenburg County Parks and Recreation Department. Any areas of the park that are disturbed by construction will be restored and landscaped. 6 The recommended alignment is actually a compromise. It is not the geometrically-preferred alignment. However, NCDOT discovered the Alexander property and the UNCC District Park early in the planning process. In an effort to preserve the properties and to minimize damage, NCDOT shifted its original, preferred alignment to the south, to what is now the recommended alignment. The recommended alignment cannot be shifted any further to the south for the reasons stated in evaluating the avoidance alternative. The recommended alignment is estimated to acquire approximately 0.13 acre of the approximate 1.61 acres of the Alexander property, representing 7.9% of the area. However, the sliver of land that will be taken does not have significance in its own right. Rather, the "neck" of land that extends to Mallard Creek Church Road was included in the boundary description to assure access to the roadway. The loss of a small portion of land from that access area will not affect the architectural characteristics that qualify the Alexander House for the National Register of Historic Places, nor will the loss of land be visible from the house (See Environmental Assessment, Figure 6, and the property boundary map in Appendix A of the Environmental Assessment). V. COMMENTS AND COORDINATION A. Circulation of the Environmental Assessment An Environmental Assessment was completed for this project on November 29, 1994. Copies of the Environmental Assessment were sent to the federal, state, and local agencies listed below. An asterisk (*) denotes those agencies who responded with written comments. Substantive comments are discussed in the following section, and copies of the agencies' letters are included in Appendix Aof this document. * U. S. Army Corps of Engineers * U. S. Fish and Wildlife Service U. S. Geological Survey U. S. Soil Conservation Service * N. C. State Clearinghouse N. C. Dept. of Environment, Health, & Natural Resources * N. C. Division of Environmental Management * N. C. Wildlife. Resources Commission Mecklenburg County Commissioners The Mayor of Charlotte * University of North Carolina, Charlotte The Environmental Assessment was made available to the public. Is B. Comments Received on the Environmental Assessment U. S. Army Corps of Engineers Comment A certification would be required indicating that there would be no increase in the 100-year natural water surface elevation due to the proposed bridge replacement over Mallard Creek. This is the case since Mallard Creek is a detail study stream, as identified in the flood insurance study. Response No increase in the 100-year floodplain is anticipated as a result of this project. Prior to construction, NCDOT expects to issue a certification that the natural water surface elevation during the 100-year flood will not increase. This certification will be provided to Mecklenburg County after further hydrological design. Comment The EA indicates that there will be no direct effect from the project on the two wetland mitigation areas adjacent to Mallard Creek. We are concerned, however, about potential indirect impacts that could adversely affect these areas..... Stormwater drainage and other construction activities will have to be carefully managed to avoid adverse effects that could violate the conditions of ...existing permits. It is recommended that drainage plans be coordinated with the Asheville Regulatory Field Office. Response NCDOT will employ Best Management Practices during construction to minimize any impacts on the two wetland mitigation areas adjacent to Mallard Creek. In addition, NCDOT will coordinate with the Asheville Regulatory Office during development of the erosion control plan. Comment We are aware of forested wetlands adjacent to Mallard Creek located west of SR 2833 and north of Mitigation Area A that appear to be within the designated corridor. These wetlands have not been identified in the EA and would require Department of the Army permit authorization to fill..... Response NCDOT will survey this area further, and will coordinate with the Asheville Field Office of the Corps of Engineers for the determination and subsequent delineation of any additional jurisdictional wetlands. If any additional wetlands are found, then suitable permit application will be submitted to the Corps after final project design. Comment Draining and filling of the 0.8-acre farm pond within the designated corridor is authorized by DA Nationwide Permit 26 as are the crossings of the intermittent channels. Notification to this office will not be required unless the affected area of waters and wetlands exceeds 1 acre (1/3 acre for the North Carolina Division of Environmental Management). Response Some filling of the pond will occur as a result of this project. If the fill exceeds 1/3 of an acre, then notification will be made to NCDEM. Coordination with DEM has already commenced regarding water quality concerns. N.C. Division of Environmental Management Comment There is an 0.8 acre pond that will be drained and filled as a result of this project. DEM requested on November 25, 1992 that DOT attempt to avoid impacting this pond. The pond accumulates sediment and pollutants from the upstream junk yard and therefore they are prevented from entering Mallard Creek. This pond also probably serves to modify the hydrograph and prevent flooding of the wetland mitigation site. The mitigation site has been developed with an expectation of a certain amount of hydrology. DOT should reevaluate the hydrology of the mitigation site with the knowledge that the pond site will be developed into commercial property (Crescent Resources, Inc.). Is it possible that the City of Charlotte will require that runoff from this site not exceed the present runoff? If this is the case, our concerns will be alleviated. DOT should investigate this matter with the city. If excess water will be directed to the mitigation site, DOT should ensure that the mitigation area does not have too much water or that flow will channelize and thereby drain the mitigation site. DOT should adhere to DOT's Stream relocations/channelization guidelines. Response Charlotte ordinances do require that the post-development peak of the hydrograph for a particular site cannot exceed the pre-development peak. NCDOT has contacted Crescent Resources, who received zoning approval from Mecklenburg County for a commercial/professional park in the pond vicinity. The zoning plan shows future removal of the pond and development of several acres of the southwest quadrant of the intersection of US 29 and Mallard Creek Church Road. Crescent Resources, however, does not envision developing this quadrant prior to construction of Mallard Creek Church Road. Therefore, NCDOT is still concerned with potential impact on the wetland mitigation site. A site visit was conducted in March, 1995, to look at existing hydrologic features. The pond drains through a 24-inch pipe to a small creek, which runs for approximately 200 feet before passing through another 24-inch pipe under US 29. From US 29, water is directed from the pipe into a creek which eventually runs into the mitigation site. 9 Given that a 24-inch pipe was originally selected for a maximum design flow, and that NCDOT will not replace this pipe, design flows into the mitigation area cannot substantially increase, even if the pond were to be totally removed. A 24-inch pipe limits the flow of water. More than adequate water storage exists should the 24-inch culvert under US 29 cause water to back-up in the upstream area. US 29 is elevated approximately 12-15 feet above the culvert invert. Another consideration is watershed area. Map reconnaissance shows a possible watershed area of 22 acres flowing into the pond. Hydrologic analysis based on a 22 acre contributing area estimates that the 2-year, 5-year, and 10-year storms yield only 14 cubic feet per second (cfs), 18 cfs, and 20 cfs of water, respectively, entering the pond from the watershed. That is a very small flow. Site inspection, however, revealed that only 15 of the 22 acres drain into the pond. Thus design year flows will be even less. One final factor is the design of the mitigation area itself. The site has a spillway made of rip-rap and capped with a concrete weir. This weir regulates the water surface elevation of the site by allowing excess water to spill into Mallard Creek. Even if large volumes of water enter the site, the water will spill over the weir into Mallard Creek. Since the mitigation site is not channelized from the stream entrance to the weir, the flow of water from the stream dissipates over the site. This characteristic has positive benefits. It better distributes nutrients to the wetland, and also slows water velocity. Slower velocity prevents erosion of sediments or the undermining of vegetation. In summary, NCDOT is satisfied that the design flow into the wetland mitigation area cannot exceed the amount the 24-inch pipe was designed for, even if the pond were totally removed. Furthermore, the flows are very small. Therefore, NCDOT feels the wetland mitigation site is protected. This information was communicated to and accepted by DEM (verbally) as an adequate conclusion in March, 1995. N.C. Wildlife Resources Commission Comment NCDOT should.... avoid impacts to the two wetland mitigation sites adjacent to the project. These sites may be useful in treating stormwater runoff from the project; however, this should be carefully developed to insure this does not interfere with the establishment of wetland vegetation on these sites. 10 Response The recommended alignment of Mallard Creek Church Road was finalized only after plan sheets for the mitigation sites were approved. Therefore any widening will not disturb the sites. As stated in the environmental commitments, NCDOT will make every attempt to divert stormwater from the recommended curb and gutter facility into the wetlands. Best Management Practices will be enforced during construction to trap harmful sedimentation before reaching the mitigation sites. University of North Carolina Charlotte Comment Our master plan.... recommends a "cut and cover" (i.e. depressed road condition) near the intersection of Mary Alexander Road which would facilitate pedestrian crossing between University land to the north and to the south of Mallard Creek Church Road. We request that your plans incorporate the envisioned "cut and cover" arrangement and that our campus planners/designers be allowed to work with you to determine the best possible access to University property now divided by Mallard Creek Church Road. Response The existing topography and road design do not lend themselves to this configuration without substantial additional costs. A depressed road condition would mean increased cuts, therefore wider right-of-way limits in the cut areas. It will also cause Mary Alexander Road to have to be depressed to meet a lower Mallard Creek Church Road at grade. Problems with sight- distance and traffic control will also result from a substantial change in grade. Comment We would like sidewalks included on both sides of the Mallard Creek Church Road. Response NCDOT's Pedestrian Policy calls for local funding participation in the construction of sidewalks. Therefore, NCDOT will participate with the City of Charlotte for funding of a sidewalk on the southwest side of proposed Mallard Creek Church Road from US 29 to NC 49 No requests for additional sidewalks have been received from the City of Charlotte. The proposed cross-section of Mallard Creek Church Road has curb and gutter with 8-foot berms on the outside of pavement. Therefore, sidewalks can be constructed along remaining portions of the roadway at a later date with no additional right-of-way requirements. 11 Comment The UNCC Master Facilities Plan envisions a significant treescape system on the campus border which would include an identifying campus tree. Although this tree has not been chosen, it would be a treescape quality consistent with that of W.T. Harris Boulevard in the vicinity of the IBM site at University Research Park. Response Requests for a particular tree to be used in this project's landscaping should be received by NCDOT by August 31, 1995. Comment We understand that the bridge over Mallard Creek .... will be reconstructed. We would like the bridge design to be of aesthetic merit (especially the guard rail). Additionally, we would like the underpass to be as user friendly as possible, include night lighting, and include an emergency phone. Adequate interior width is necessary to avoid a tunneled appearance and feeling. Response Additional aesthetic features beyond standard designs would require local funding. The bridge itself will have sidewalks on both sides of traffic lanes to accommodate pedestrian traffic. Bicycle traffic is accommodated via the 14-foot width of outside travel lanes. It is not the policy of NCDOT to provide interior lighting for underpasses, or emergency telephone service for localized use. The underpass itself will conform to AASHTO standards. Comment [UNCC is] interested in allowing the existing forest cover to be as close to the new road as possible and that tree saplings be densely planted to make up the gap in areas where trees are to be removed. This is an important issue in terms of visual appeal and air quality. Response . These comments will be considered during development of the landscaping plan for this project. C. Public Hearing and Other Comments A public hearing for this project was held on February 21, 1995. Approximately 35 citizens attended the hearing. The following comments and questions are typical of those raised by citizens attending the public hearing: 12 Comment ....the intersection of this road [Mallard Creek Church Road] with US 29 is a very dangerous intersection because of the way US 29 dips as you come from Concord and the way Mallard Creek Church Road dips deserves attention..... Response Roadway design engineers conducted a field visit after the public hearing to evaluate this issue, and concluded that adequate sight distance does exist on approaches to the signalized intersection at US 29. Comment You mentioned the greenway and a path under the [bridge which crosses Mallard Creek]. What kind of access is there going to be to the parkland that's in that area right now? Res onse Pedestrian and bicycle traffic from the greenway will have direct access to the Mecklenburg County Parks and Recreation Department soccer fields, which are located northeast of Mallard Creek Church Road on the east side of US 29. The greenway and bridge underpass will be located on the west side of Mallard Creek - the same side as the parkland. Parkland is located within 100 feet (and at approximately the same elevation) of the proposed greenway. Comment (Mr. Bill Coxe, Mecklenburg Co. Engineering Dept.) ......across Mallard Creek Church's new alignment from the Old Mallard Creek Church Road where you hook up at that new intersection, it's fairly likely that we're going to get some sort of land-use developed over there which is going to want to tie-in across the road. And I think that looking at the "laneage" that you forecast as being needed there, perhaps you might also provide for a through lane on the Old Mallard Creek Church [approach] as well as the dedicated left and right-turn lanes that have been shown in the document. Response A three-leg approach configuration is recommended for this proposed intersection. Although an unsignalized intersection is recommended, signalization requirements will be studied during the design phase. As traffic volumes increase, a spot improvement will be considered at this intersection. The north side of this intersection is undeveloped and no approved site plans have been prepared for future development. Therefore, a fourth leg to this intersection is not recommended. 13 Comment (Mr. Bill Coxe, Mecklenburg Co. Engineering Dept.) ....perhaps more [important] is the future interchange with NC 49 as we extend this [Mallard Creek Church Road] on south in some point in the future. Given that you now are going to have the intersection of two very major thoroughfares there, we would like to have some assistance with some preliminary design on the interchange so that we can locally protect the right-of-way for the future interchange...... Response A future extension of Mallard Creek Church Road to the southeast is proposed as part of the "Eastern Circumfirential" of Charlotte, and is depicted on the 1988 Thoroughfare Plan. The Circumfirential utilizes Mallard Creek Church Road from I-85 to NC 49, after which the Circumfirential crosses NC 49 onto new location. This comment requests the design of a grade separation over Southern Railroad and a future interchange at the proposed intersection of NC 49 with Mallard Creek Church Road, to aid local officials with right-of-way protection. Preservation of right-of-way is always an important goal, however any actions for preservation must be balanced against the likelihood of a facility being built at a known location, or in the near future. Currently the Eastern Circumfirential is not programmed in the North Carolina Transportation Improvement Plan. Neither Charlotte, Mecklenburg County, or the Mecklenburg-Union WO have listed the Circumfirential as a priority project. Because construction of the Circumfirential is not anticipated in the near term, NCDOT will not study an interchange design at this time. VI. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT To be added to the Environmental Commitments Section: 1) All standard procedures and measures will be implemented to avoid and minimize environmental impacts. Impacts will be minimized by utilizing Best Management Practices during construction. During development of the erosion control plan in the vicinity of the two wetland mitigation sites, NCDOT will coordinate with the Asheville Regulatory Office of the U. S. Army Corps of Engineers. 2) NCDOT will survey a potential area of forested wetlands which is located in the southwest quadrant of the US 29 intersection with Mallard Creek Church Road, just northwest of Mitigation Area A. NCDOT will coordinate with the Asheville Field Office of the Corps of Engineers for the determination and subsequent delineation of any additional jurisdictional wetlands. If any additional wetlands are found, then suitable permit application will be submitted to the Corps after final project design. 14 VII. FINDING OF NO SIGNIFICANT IMPACT Based on a study of the proposed project documented in the Environmental Assessment and upon comments received from federal, state, and local agencies, and the public, it is the finding of the North Carolina Department of Transportation and the Federal Highway Administration that the project will not have a significant impact upon the human or natural environment. Therefore, and Environmental Impact Statement or further environmental analysis will not be required. TED/plr ti ; Q§)? 1z MECKLENBURG COUNTY i i UN, I I c ewel1 % h#bUtte+ • Allen 1 ?01t it 8 ?i A , • • • o • 24 .04 741s • • oe ?? ; y 2472 ,Qs A?? ?? e~ 24ll ?? ? • Ch ??• > • 5° ? 2771 • • 46 ? .16 ?1 2698 .J> 7.Q.4Z n 2473 ` • F • -4M • 'o .03 SR 2472 ya., y MOuaSd BEGIN tr PROJECT \ .65, • .479 lp 40-6 1 1411 b20/ 11 X s ` \ \ / : `O ` .17 Ol °.ei • O M67 V / J J tr ° 2 -33SR 2833 .011 , .170.0> ? 4eq?0. MI. 21,2 / • \ 2600 76 _ 4022 O N b27 !Q 7 ' 7> • ?? 4 71 i • / > °D.SZZ \ • . -14 ? 2 8 o 4010 461 ` C . s .11 Wool 4619 • \ i 0 _ •?? 4611 0 • ?v i\ ? tN?W6r 6 \ / 7ta4 ??- • \ fM 5 \ L - • . \ 29 / ?-- 1 0? 2663 \ 1w ,?5 ? -. r • 6odc Cr..11 Q1. ] ' j END v ? z ?•'?.70 ? PROJECT ? I ? /\ 74ryi 4{y?_ - -- U.H.C of CHARLOTTE \ w azsi - i NORTH CAROLINA DEPARTMENT OF * o .05 05 o Swa TRANSPORTATION ?° 2 Sa 7eax '? DIVISION OF HIGHWAYS 4%2 o • PLANNING AND ENVIRONMENTAL BRANCH $ 2010 ?'OJ 2 v ° 021 + o ° ?. 9 ]072 3{W MALLARD CREEK CHURCH ROAD ' o - M \ 07> "° .5.1 q6. 6 .? 3067 11 t SR 2472 FROM SR 2681 TO US 29 p . a 027 K. .° Db .19 AND 742! -q .542 304 / .0) a:,,o .6!! SR 2833 FROM US 29 TO NC 49 ?? • ?.6.,J°ti X20 o 4663 q AS I >y T. I. P. NUMBER U-2508 \ V - 7069 •:? •= /\•5 49 \ o •OD aJ ' ?? 7 a ° w 0 • 6 FIG. 1 Appendix A Additional Comments/Coordination DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS RO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 1, 1995 Planning Division Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr.-Vick: -C,Ety\ ? o -? MAR 0 6 1995 DIVISION OF 4 nHIGHWAYS This is in response to your letter of December 15, 1994, requesting our comments on the "Federal Environmental Assessment for Charlotte, Mecklenburg County, Widening of Mallard Creek Church Road, SR 2472 from SR 2681 to US 29, and SR 2833 from US 29 to NC 49, F. A. Project STP - OOOS(72), State Project 8.2672601, T.I.P. Project U-2508" (Regulatory Branch Action I.D. No. 199301268). Our comments involve impacts to flood plains and jurisdictional resources, including waters, wetlands, and U.S. Army Corps of Engineers' projects. The proposed roadway does not cross any Corps-constructed flood control or navigation project. Enclosed are our comments on the other issues. We appreciate the opportunity to comment on this project. If we can be of further assistance, please contact us. Sincerely, Wilbert V. Paynes Acting Chief, Planning Division Enclosure March 1, 1995 Page 1 of 1 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT COMMENTS ON: "Federal Environmental Assessment for Charlotte, Mecklenburg County, Widening of Mallard Creek Church Road, SR 2472 from SR 2681 to US 29, and SR 2833 from US 29 to NC 49, F. A. Project STP - OOOS(72), State Project 8.2672601, T.I.P. Project U-2508" (Regulatory Branch Action I.D. No. 199301268) 1. FLOOD PLAINS: POC - Bobby L. Willis. Plan Formulation and Flood Plain Services Branch, at (910) 251-4728 Our comments regarding flood plains were provided to your office by our letter of April 15, 1993, a copy of which is contained in Appendix D of the Environmental Assessment (EA). In addition to those comments, we would like to add that a certification would be required indicating that there would be no increase in the 100-year natural water surface elevation due to the proposed bridge replacement over Mallard Creek. This is the case since Mallard Creek is a detail study stream, as identified in the flood insurance study. 2. WATERS AND WETLANDS: POC - Steve Lund. Asheville Field Office. Regulatory Branch, at (704) 271-4857 a. The EA indicates that there will be no direct effect from the project on the two wetland mitigation areas adjacent to Mallard Creek. We are concerned, however, about potential indirect impacts that could adversely affect these areas. Such effects could result from construction activity, erosion, sedimentation, and stormwater runoff. Mitigation Area A has already exhibited a propensity toward excessive-ponding. Stormwater drainage and other construction activities will have to be carefully managed to avoid adverse effects that could violate the conditions of the North Carolina Department of Transportation's existing permits. It is recommended that drainage plans be coordinated with the Asheville Regulatory Field Office. b. We are aware of forested wetlands adjacent to Mallard Creek located west of SR 2833 and north of Mitigation Area A that appear to be within the designated corridor. These wetlands have not been identified in the EA and would require Department of the Army (DA) permit authorization to fill. Construction of a bridge approach fill through this area could be authorized by DA General Permit 198200031 with the required submission of project plans for review. c. Draining and filling of the 0.8-acre farm pond within the designated corridor is authorized by DA Nationwide Permit No. 26 as are the crossings of the intermittent channels. Notification to this office will not be required unless the affected area of waters and wetlands exceeds 1 acre (1/3 acre for the North Carolina Division of Environmental Management). d. Questions or comments concerning DA permits may be directed to Mr. Lund. ild L D_?? TAKE United States Department of the Interior 2 o,,?NC FISH AND WILDLIFE SERVICE Asheville Field Office 330 Ridgefield Court Asheville, North Carolina 28806 January 20, 1995 Mr. H. Franklin Vick, P.E., Manager Planning and Environmental Branch Division of Highways North Carolina Department of Transportation P.O. Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: l JAN 2 3 1995 2 22 DIVIS11CWN C? HIGHL'•rt.. ?? Subject: Federal environmental assessment for proposed widening of Mallard Creek Church Road (SR 2472), from SR 2661 to NC 49, Mecklenburg County, North Carolina, T.I.P. No. U-2508 In your letter of December 15, 1994, you requested our comments on the subject document. The following comments are provided in accordance with the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). The proposed project involves widening of SR 2472 to a multi-lane facility from SR 2681 to NC 49 in northeast Charlotte, a distance of approximately 2.2 miles. The proposed project will involve widening the existing alignment between SR 2681 and SR 2834 (Mary Alexander Road) to a four-lane highway with a 20 foot raised median and two 12 foot travel lanes in each direction. From Mary Alexander Road to NC 49, the project will involve construction of a similar four-lane roadway on new location. The existing bridge over Mallard Creek will be replaced with an approximate 180 foot bridge at the same location. Three intermittent streams will be crossed by the extension of Mallard Creek Church Road onto new location. The purpose of the project is to improve the level of service and safety on SR 2472. The Service generally prefers alternatives that improve existing roads versus construction on new alignment and thus, has no major concerns with the selection of the preferred alternative for the proposed project. Overall, the Service believes that most environmental issues were properly highlighted. The Service appreciates the consideration given to protecting the two wetland mitigation areas that occur within the project area. We encourage the North Carolina Department of Transportation to aggressively pursue restoration activities at these sites well in advance of the proposed time schedule for this project to hopefully provide additional sedimentation and erosion control associated with construction activities. The Service believes that while the direct effects to local natural resources were adequately addressed, the potential indirect effects to these resources from likely secondary development were ignored. Similarly, the cumulative impacts to fish and wildlife resources resulting from this project and other road improvement projects (e.g., North Charlotte Outer Loop, US 29 Connector) in the area also was not discussed. A thorough analysis of the direct, indirect, and cumulative effects of a Federal action is required under the National Environmental Policy Act. The Service concurs with the "no effect" determination made regarding this project and potential impacts to federally listed endangered and threatened species. In view of this, we believe that requirements of Section 7(c) of the Act are fulfilled. However, obligations under Section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect endangered or threatened species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner not considered in this review, or (3) a new species is listed or critical habitat determined that may be affected by the action. We appreciate the opportunity to provide these comments. If you have any questions regarding our comments, please contact Ms. Janice Nicholls of our staff at 704/665-1195, Ext. 227. In any future correspondence concerning this project, please reference our Log Number 4-2-93-049. Sincer Bri P. Cole Field Supervisor cc: Ms. Stephanie Goudreau, North Carolina Wildlife Resources Commission, 320 S. Garden Street, Marion, NC 28752 t8 NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF-ADMINISTRATION 116 WEST JONES STREET )2-09-95 _ RALEIGH NORTH CAROLINA 27603-800 INTERGOVERNMENTAL REVIEW COMMENTS IAILED TO: FROM: -C- DEPT• OF TRANSPORTATION MRS- CHRYS BAGGETT HIT WEBB DIRECTOR ROGRAM DEVELOPMENT BRANCH N C STATE CLEARINGHOUSE IGHWAY BLDG./INTER-OFFICE ROJECT DESCRIPTION: A FOR PROPOSED IMPROVEMENTS TO-MALLARD CREEK CHURCH ROAD =41R 2472) FROM I-85 TO US 29 (SR 2833) FROM US 29 TO NC 49 E'CKLENBURG COUNTY TIP #U-2508 Al N(3,95E42200452 PROGRAM TITLE - EA .?E ABOVE PROJECT HAS BEEN SUBMITTED TO THE NORTH CAROLINA 4TERGOVERNMENTAL REVIEW PROCESS. AS A RESULT OF THE REVIEW THE FOLLOWING SUBMITTED: t ) NO COMMENTS WERE RECEIVEDr' t X) COMMENTS ATTACHED OULD YOU HAVE-ANY QUESTIONSt PLEASE CALL THIS OFFICE (919) 733-7232- t REGION F s LNCCRARLOT-FE _ The University of North Carolina at Charlotte Charlotte, N.C. 28223 Vice Chancellor for Business Affairs Telephone 704%547-2234 ..March 7, 1995 Fax 704/547-2144 , Mr. TI. Franklin Vick, P.E., Manager Planning and Environmental Branch A NCDOT Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: In May 1994,1 wrote Mr. Ted Devens supporting the relocation of Mallard Creek Church Road from a point near its intersection with Mary Alexander Road to a new intersection with Highway 49 to the north of its existing intersection with Highway 49. We are pleased that State Transportation Project (STP) OOOS(72) State Project 8.2672601 TIP Project U2508 proposes to relocate the relevant portion of Mallard Creek Church Road along the line suggested in my earlier letter. The project as presented will create a safer environment for off campus student housing and allow more effective utilization of Univershy property located north of Mallard Creek Church Road. We are fully supportive of the subject project as presented in the Environmental Assessment and Programmatic Section 4(f) Evaluations and during the February 21 public hearing. We have studied the Environmental Assessment and offer the following comments: UNC Charlotte is near completion of a Campus Master Facilities Plan. This plan addresses on-campus vehicular and pedestrian circulation as well as campus ingress and egress. The student population is projected to increase by 60% to 25,000 early in the next century. Our master plan consultants anticipated the design proposed in the Environmental Assessment and have recommended a "cut and cover" (i.e. depressed road condition) near the intersection of Mary Alexander Road which would facilitate pedestrian crossing between University land to the north and to the south-of Mallard Creek Church Road We request that your plans incorporate the envisioned "cut and cover" arrangement and that our campus planners/designers be allowed to work with you to determine the best possible access to University property now divided by Mallard Creek Church Road. Secondly, we would like sidewalks included on both sides of the Mallard Creek Church Road. Our understanding is that the cost of sidewalks can be shared between The University of North Carolina is composed of the sixteen public senior institutions in North Carolina An Equal OpportunitylA?Irmatire Action Employer Mr. H. Franklin Vick . d March 7, 1995 Page Two NCDOT and the City of Charlotte. We will continue to pursue the option of sidewalks on both sides of the Mallard Creek Church Road with the parties involved. Further, we have the following comments relative to the design of this project: • The UNC Charlotte Campus Master Facilities Plan envisions a significant treescape system on the campus border which would include an identifying campus tree. Although this tree has not been chosen, it would be a treescape quality consistent with that of W. T. Harris Boulevard in the vicinity of the IBM site at University Research -Park_ • _ ` We understand that the bridge over,Mallard Creek just to the North of Highway 29 will be reconstructed. We would like the bridge design to be.of aesthetic merit (especially the guard rail). Additionally, we would like the underpass to be as user friendly as possible, include night lighting, and include an emergency phone. Adequate interior width is necessary to avoid a tunneled appearance and feeling. • Finally, we are interested in allowing the existing forest cover to be as close to the new road as possible and that tree saplings be densely planted to make up the gap in areas where trees are to be removed. This is an important issue in terms of visual appeal and air quality. `c We appreciate the opportunity to comment on this project which is tremendously important to the UNC Charlotte campus. Further, we sincerely appreciate the favorable response our previous concerns have received. Sincerely, ell?d? Olen B. S ' , Jr. Vice Chancellor for Business Affairs OBS/ls cc: Mr. Ted Devens State of North Carolina Department of Environment, Health and Natural Resources Legislative & Intergovernmental Affairs + ?•r . 1 ' book James B. Hunt, Jr., Governor ?t&l ???.? Jonathan B. Howes, Secretary E)EEHNF;Z. Henry M. Lancaster ll, Director MEMORANDUM TO: Chrys . Haggett-...... State Clearinghouse FROM: Melba McGee Project Review Coordinator RE: 95-0452 EA for Mallard Creek Road, Mecklenburg County DATE: February 8, 1995 The Department of Environment, Health, and Natural Resources has reviewed the proposed project. We concur with the findings of this document. We ask that careful consideration be given to t-he suggestions provided by the Division of Environmental Management and the N.C. Wildlife Resource's-Commission. Thank you for- the opportunity to respond. Please continue to coordinate with our divisions as this project progresses. attachments EF GY S :. ; FEB 8 19941 P.O. Box 27687, Raleigh, North Carolina 2761 1-7687 Telephone 919-733-4984 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment, r Health and Natural Resources / • • IF Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary- E H N R A. Preston Howard, Jr., P.E., Director MEMORANDUM February 7, 1995 To: Melba McGee Through: John Dorn Monica Swih From: Eric Galamb_, Subject: EA for Mallard fCreek Road Mecklenburg County TIP #U-2508 DEHNR # 95-0452, DEM # 10826 The subject document has been reviewed by this office. The Division of Environmental Management is responsible for the issuance of the Section 401 Water Quality Certification for activities which impact waters of the state including wetlands. The document states that waters including wetlands will be impacted. There is a 0.8 acre pond that will be drained and filled as a result of this project. DEM requested on November 25, 1992 that DOT attempt to avoid impacting this pond. The pond accumulates sediment and pollutants from the upstream junk yard and therefore they are prevented from entering Mallard Creek. This pond also probably serves to modify the hydrograph and prevent flooding of the wetland mitigation site. The mitigation site has been developed with an expectation of a certain amount of hydrology. DOT should reevaluate the hydrology of the mitigation site with the knowledge that the pond site will be developed into commercial property (Crescent Resources, Inc.). Is it possible that the City of Charlotte will require that runoff from this site not exceed the present runoff? If this is the case, our concerns will be alleviated. DOT should investigate this matter with the city. If excess water will be directed to the mitigation site, DOT should ensure that the mitigation area does not have too much water or that flow will channelize and thereby drain the mitigation site. DOT should adhere to DOT's Stream relocations/ channelization guidelines. DEM agrees with the decision to widen existing Mallard Creek Road. DOT is reminded that endorsement of an EA by DEM would not preclude the denial of a 401 Certification upon application if wetland impacts have not been avoided and minimized to the maximum extent practicable. Questions regarding the 401 Certification should be directed to Eric Galamb (733- 1786) in DEM's Water Quality Environmental Sciences Branch. mallard.ea cc: Asheville COE Ted Devans, DOT P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper NCWRC,HCP,FRLLS LAKE 4 1- . TEL:919-528-9839 Feb 01 '95 .16 :13 No. 006 F _ n:? Noah Carolina Wildlife Resources Commission 9 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188,919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Melba McGee Office of Policy Development, DEHNR FROM: David Cox, Highway Project Coor aator Habitat Conservation Program DATE: February 1, 1995 SUBJECT: North Carolina Department of Transportation (NCDOT) Environmental Assessment (EA) for Mallard Creek Church Road improvements, from SR 2681 to US 29, and SR 2833 from US 29 to NC 49 in Charlotte, Mecklenburg County, North Carolina, TIP No. U-2508, SCH Project No. 95- 0452. Staff biologists of the'N..-C. Wildlife Resources Commission (NCWRC) have reviewed the subject EA and are familiar with habitat values in the project area. The purpose of this review was to assess project impacts to fish and wildlife resources. 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). The proposed project involves widening existing Mallard creek church Road to a multi-lane cross-section from SR 2681. to NC 49. The design from SR 2681 to US 29 will be a four-lane shoulder section with a 20 foot raised median. From US 29 to NC 49 the cross-section will be a four-lane, curb and gutter section with a 20 foot raised median. The roadway will be constructed mostly on existing alignment with asymmetrical widening. The project length is approximately 2.2 miles. No wetland impacts are anticipated. However, approximately 14.2 acres of forested lands and a small pond will be impacted by the project. NCWRC appreciates that NCDOT has significantly reduced impacts to wildlife and fishery resources by the decision to improve existing facilities rather than construction on a new Memo Page 2 February 1, 1995 v- alignment. Improving existing roadways reduces wildlife habitat fragmentation, lessens impacts from secondary development and eliminaL•es.new_.stream or wetland crossings. We feel that the EA adequately addresses our concerns regarding wildlife and fishery resources in the project area. Therefore, we will at this time concur with the findings of this EA and anticipate concurrence with the subsequent Finding of No Significant Impact (FONSI) for this project. However, we ask that NCDOT continue efforts to minimize environmental impacts and use Best Management Practices to avoid impacts to off-site natural resources. NCDOT should also avoid impacts to the two wetland mitigation sites adjacent to the project. These sites may be useful in treating storm-water runoff from the project; however, this should be carefully developed to insure this does interfere with the establishment of wetland vegetation on these sites. Thank you for the opportunity to comment on this EA. If we can be of any further assistance please call me at (919) 528- 9886. cc: Wayne Chapman, District 6 Fisheries Biologist Ken Knight, District 6 Wildlife Biologist David Dell, U.S. Fish and Wildlife Service, Raleigh J 1 11 1 L.. 1 7,o L.:- Ic-rq , 1 I,ncel •i\gcncy f?;'cljeca' !"?c'? i1??.rr :?;es;?or•s4 F' . 1 tL.•,lllec- I-xpc 01 Pro'= • WtW The applic.t't1c should 'be. advisad ti::lt alarls tired sp•ecificat ons 'or ail w-nei syste it17p1'Ouei21e11rS must be apptoved by chc UtVlstOtl Of L!??'i:'Oillllt:lltal -lealtll U:'tCl' l'I tlle•aGV'arC' 'J( a contract of cite In1tlaLlotl of construe-:011 (as required by lSR NI CAC: IS ..03CO tc, Se For informac1011, collcaCc the Pulblic Supl;ly Se.r:.on, (919) 733-2460, ?- ^-1 This-Project well be. classifies{ as non-coitimminit'f pu::tr zvuar Sur--,ply arld must comply W*.tl- ?--••--J sr-ue and federal drilllclllE i:1001L01•I11? iN y',l1fCi:1C3::5. Por 1110: a mii`ol"1Y1:1C!Ca CRC ;ppil'c2M should contact .he Pu!.'ic Water Suhpl}• `z:CC r., (91?'! 7?'_ ': ?2?. 1---- •li this project is constructed as proposed, we recon-mne d closure er' _ Eeec of aajace:,. L---J waters to the har.es: of shellfish. -For iniorn.ation regarc!tnthe •Sx'lellii5ll S=Aital'tGr: prOC'C 0 M, the app licaric should contact the Shei;f sea Sarlitari lr? Branch ac (9:19) 726-6527. r--? The spoil disposzl 1rea(s) proposed for this vrojecc n.v: produce ti rllcsqu'.ito breeding pieblez. ?---? For l roramclon, coneernlS1L7 apprOPrla;c mosqUlto ._onucol measures, the app!icaz: sr_•oul contact the Public Fee-2lth Pesc'rA-a :ag_mz pmc• Seccion (919) 726-8970. ---, The applicant should be adVIs.°.1 Ch?: Q-IOL' CO :lie or iC:?17dA er ' t t d n0 1t10R of- al;.apidar._ tr._J structures, an extensive rotlem Concro! orograrn. Z1a'•' be ne-essZ.-y 11 Order tG j?ItivN:1C t!' ill101'21i0il of CiiC l'/JCIe cS CC ?Clvacen The :Ifo rn^rio?. .CO1iC:C'.i. ?c r t••CSncrc _G?CC_ . Concact the •lacai hezkh depa:• rnent or chC PULDiic l =ealcll i'eSC h?nt;u er1:C11C.3.CCiU1'i IC (,C 1 733-6.07. ;---? Vie' applicant should be advis,?d.cc' c;,:lcal.:. chae '!:cal healeh deportlrenr. regardirlq the er Sec as CFr`t.l '1 > _Gvv r I 1 r<:GL11I'e[Y1Cnl'S :OC Se^C'? :-ll{ 'n°''te 'll* 6 ` ' %:!'l l:Z: V: a. v•..v r.. l.. , .r.•r .. JJ \Ja f. `• t For l nforrr1:C10.^. CGrICC!'1!1':0 Sr'1ft?' tank ,,Id C:;r•hpr o S,t:P. w- "`1 r,, mot. 'tSti, ..,S^ ,. t;S1t n1N(1u«4-?, «.r., hCt t ' ???i-J ttC ?•'?%??•rr.'-i:'?:?? J.a..•t?: ri ll 1: 19' 7'1,--I- 1-'-1 The a[? (?ltmi si'tould be :,Q•: i:a6 i.,1 dle.. !l cz; i,t a?l,l" c• • > ! ' 'r 1 .rl' $7 l l .1 lIl ! (.?: ?:i tl tll,. t'C•l?si ,l .1j t _i MCllltV:s CC.?t,111'!.CI 1'(tl' clltS l71'i?lt; ;t (- IJ eX15CIlIg `'r/"u". wdl 11 ,r.i:lt:lr@L !.?1:.'lfl?? l??:. {Jllwt,!';7C:i:ti31: i`iaa°i ifJi' t11r. W 1ia?I' re)ocauorl must be 51:1 111[1:.: :1 .:% Cii1. I ?t• ..ilf? + ,. ., ::?' -i , 1• l? I;t tr ''i , ?.. ,? Ol' v!i"1:Jlll?i{: t ..f:::.C.,r, ?t. ,i ,•n ?,. „i11: Section. Mall R.Cvic+v .i1':t':C:!'t, : i ?0- ll. t:r!al'? i ,`,11'lLt.r : z, _ ,.... Section/Boxnc,h. IJ?te' State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Health Public Water Supply Section r ____ _ ._._ . James B. Hunt, Jr., Governor . E H N FI Jonathan B. Howes, Secretary Clearinghouse Project No. 95-0452 Mecklenburg County January 11, 1994 9. Bicycle Transportation Facilities 10. Pedestrian Facilities Addressing and accommodating the needs of bicyclists and pedestrians is important and commendable. Marking the bicycle paths with an appropriate symbol (i.e., a bicycle) would be helpful in educating cyclists, motorists, and the general public. In addition, in those cases where pedestrians and cyclists are to share the same path, signs notifying path users of this combined use would be helpfiil and minimize the potential for accidents. 13. Public Transportation Alternative Public transportation is not the only alternative to highway widening. Car-pooling, van-pooling, and sta6gered work hours are a few measures that are also used to decrease congestion and reduce the need for highway widening. These and other similar measures should be examined before determining that highway widening is the most feasible alternative. Paul B. Clark Environmental Engineer ' Water Quality Compliance Branch Public Water Supply Section Division of Environmental Health Department of Environmental Health and Natural Resources P.O. Box 29536, Raleigh, North Carolina 27626-0536 Telephone 919-733-2321 FAX 919-715-3242 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% prut•consumer paper r ? ?•4 State of North Carolina Department of Environment, Health, and Natural Resources ' Division of Land Resources James G. Martin, Governor PROJECT REVIEW COMMENTS Charles H. Gardner Wiliam W. Cobey, Jr., Secretary Director Project Number: ?? - O YS? County: /LJ Project Name: Geodetic Survey y This project will impact geodetic survey markers. N.C. Geodetic Survey should be•contacted prior*to construction at P.O. Box*27687, Raleigh, N.C. 27611 (919) 733-3836. Intentional destruction of a geodetic monument is a violation of N.C. General Statute 102-4. This project will have no impact on geodetic survey markers. Other (comments attached) For more information contact the Geodetic Survey office at (919) 733-3836. Reviewer ? Date Erosion and Sedimentation Control . • No comment This project will require approval of an erosion and sedimentation control plan prior to.beginriing any land-disturbing activity if more than one (1) acre will be disturbed. If an environmental document is required to satisfy Environmental Policy Act (SEPA) requirements, the document must be submitted as part of the erosion and sedimentation control plan. If any portion of the project is located within a High Quality Water Zone (HQW), as classified by the Division of Environmental Management, increased design standards for sediment and erosion control will apply. The erosion and sedimentation control plan required for this project should be prepared by the Department of Transportation under the erosion control program delegation to the Division of Highways from the North Carolina Sedimentation Control Commission. Other (comments attached) For more information contact the Land Quality Section at (919) 733-4574. Reviewer Date P.O. Box 27687 • Raleigh. N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer State of North Carolina Reviewing Office: .Department of Environment, Health, and Natural Resources D Project Number. Due Date: INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS After review of this project it has been determined that the EHNR permit(s) and/or approvals indicated may need to be obtained in order for this project to comply with North Carolina Law. Duestions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form. All applications. Information and guidelines relative to these plans and permits are available from the same Normal Process • Regional Office. Time PERMITS SPECIAL APPLICATION PROCEDURES or REOUIREMENTS (statutory time limit) Permit to construct 3 operate wastewater treatment Application 90 days before begin construction or award of 30 days facilities. sewer system extensions, 3 sewer construction contracts On-site inspection. Post-application systems not discharging into state surface waters. technical conference usual (90 days) NPDES - permit to discharge into surface water and/or Application 180 days before begin activity. On-site inspection. 90.120 days permit to operate and construct wastewater facilities Pre-application conference usual. Additionally. obtain permit to discharging into state surface waters. construct wastewater treatment facility-granted after NPDES Reply (NIA) time. 30 days after receipt of plans or issue of NPDES permit-whichever is later. 30 days Water Use Permit Pre-application technical conference usually necessary (NIA) 7 days Well Construction Permit Complete application must be received and permit issued prior to the installation of a well. (15 days) Application copy must be served on each adjacent riparian property 55 days Dredge and Fill Permit owner. On-site inspection. Pre-application conference usual. Filling may require Easement to Fill from N.C. Department of (90 days) Administration and Federal Dredge and Fill Permit. Permit to construct b operate Air Pollution Abatement 60 days facilities and/or Emission Sources as per 15A NCAC 21H.06 NIA (90 days) Any open burning associated with subject proposal must be in compliance with 15A NCAC 2D.0520. Demolition or renovations of structures containing asbestos material must be in compliance with 15A 60 days NCAC 20.0525 which requires notification and removal NIA prior to demolition. Contact Asbestos Control Group 919.733.0820. (90 days) Complex Source Permit required under 15A NCAC 20.0800. The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion d sedimen;auo control plan will be required if one or more acres to be disturbed. Plan filed with proper Regional Office (Land Ouality Sect") at least 30 20 days days before be mnin activity. A fee of 130 for the first acre and $20.00 for each additional acre or art must accompany the plan 30 days) The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referrenced Local Ordinance: (30 days) On-site inspection usual. Surety bond filed with EHNR. Bond amount Mining Permit varies with type mine and number of acres of affected land. Any area 30 days mined greater than one acre must be permiled. The appropriate bond 160 days) must be received before the permit can be Issued. North Carolina Burning permit On-site Inspection by N.C. Division Forest Resources if permit 1 day exceeds 4 days (NIA) Special Ground Clearance Burning Permit - 22 On-site inspection by N.D. Division Forest Resources required "If more 1 day counties in Coastal N.C. with organic soils than five acres of ground clearing activities are involved. Inspections (NIA) should be requested at least ten days before actual bum Is planned." 90.120 days Oil Refining Facilities NIA (NIA) If permit required. application 60 days before begin construction. Applicant must hire N.C. qualified engineer to: prepare plans. 30 days Dam Safety Permit inspect construction. certify construction is according to EHNR approv- ed plans. May also require permit under mosquito control program. And (60 days) a 404 permit from Corps of Engineers. An inspection of site Is neces• sary to verify Hazard Classification. A minimum fee of 1200.00 must ac- company the application. An additional processing fee based on a percentage or the total project cost will be required upon completion. ft 105 Continued on reverse Normal Pr.:cess Time L C rQ M PERMITS ` SPECIAL APPLICATION PROCEDURES or REQUIREMENTS (statutory time limit) File surety bond of $5,000 with EHNR running to State of N.C. 10 days Permit to drill exploratory oil or gas well conditional that any well opened by drill, operator shall. upon (NIA). abandonment, be plugged according to EHNR rules and regulations. Geophysical Exploration Permit Application filed with EHNR at least 10 days prior to issue of permit 10 days Application by letter. No standard application form. (NIA) State Lakes Construction Permit Application fee based on structure size is charged. Must include 15.20 days descriptions b drawings of structure b proof of ownership (NIA) of riparian property. 60 days 401 Water Ouality Certification NIA (130 days) 55 days CAMA Permit for MAJOR development $250.00 fee must accompany application (150 days) . 22 days CAMA Permit for MINOR development $50.00 fee rftust accompany application (25 days) Several geodetic monuments are located in or near the project area. If any monuments need 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 (LISTS) are discovered during any excavation operation. Compliance with 15A NCAC 2H.1000 (Coastal Stormwater Rules) is required. 45 days (NIA) Other comments (attach additional pages as necessary, being certain to cite comment authority): J 6w - ? ?? --? t Qr 40 JM1n? f7 REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below. ? Asheville Regional Office fi 5 ? Fayetteville Regional Office n Place 9 Wood Suite 714 Wachovia Building Asheville, NC 28801 Fayetteville, NC 28301 (704) 2516208 (919) 486.1541 Mooresville Regional Office 919 North Main Street, P.O. Box 950 ? Raleigh Regional Office 3800 Barrett Drive. Suite 101 Mooresville, NC 28115 Raleigh, NC 27609 (704) 663.1699 (919) 733.2314 ? Washington Regional Office 1424 Carolina Avenue Washington, NC 27889 (919) 94646481 ? Winston-Salem Regional Office 8025 North Point Blvd. Suite 100 Winston-Salem, NC 27.106 (919) 896.7007 ? Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 (919) 395.3900 Appendix B Programmatic Section 4(f) Evaluations 1. NORTH CAROLINA DIVISION FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL FOR FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENTS WITH HISTORIC SITES F. A. PROJECT STP-OOOS(72) STATE PROJECT 8.2672601 T. I. P. NO. U-2508 - DESCRIPTION: Minor taking of land from W.T. Alexander historic property, located adjacent to Mal lard Creek Church Road on the west side of US 2 9. Mecklenburg County. YES NO 1. Is the proposed project designed to improve the operational characteristics, safety, and/or physical condition of the existing highway facility on essentially X ? the same alignment? F-1 X 2. Is the project on new location? _ ? 3. Is the historic site adjacent to the project? 4. Does the project require the removal or alteration of historic buildings, structures, or objects? 5. Does the project disturb or remove archaeological resources which are important to preserve in place rather than to recover for archaeological ? `/ X research? ` , - 6. a. Is the impact on the Section 4(f) site considered minor (i.e. no effect, X no adverse effect)? b. If the project is determined to have "no adverse effect" on the historic site, does the Advisory Council on Historic Preservation object to the F X determination of "no adverse effect"? 7. Has the SHPO agreed, in writing, with the ? ? assessment of impacts and the proposed mitigation? 8. Does the project require the preparation F-1 X of an EIS? ALTERNATIVES CONSIDERED AND FOUND NOT TO BE FEASIBLE AND PRUDENT The following alternatives were evaluated and found not to be feasible and prudent: Yes No 1. Do nothing ' ` El Does the "do nothing" alternative: (a) correct capacity deficiencies? or (b) correct existing safety hazards? or (c) correct deteriorated conditions? and (d) create a cost or impact of extraordinary measure? 2. Improve the highway without using the adiacent historic site ?x ?x (a) Have minor alignment shifts, changes in standards, use of retaining walls, etc., or traffic management measures been evaluated? (b) The items in 2(a) would result in: (circle, as appropriate) (i) substantial adverse environmental impacts or (ii) substantial increased costs or unique engineering, transportation, maintenance, or safety problems or (iv) substantial social, environmental, or economic impacts or (v) a project which does not meet the need ?x F-I or (vi) impacts, costs, or problems which are of extraordinary magnitude .. 3. Build an imUroved facility on new location X without usinst the historic site. (a) An alternate on new location would rasult in: (circle, as appropriate) (i) a project which does not solve the existing problems or (ii) substantial social, environmental, or economic impacts or (iii) a substantial increase in project cost or engineering difficulties and (iv such impacts, costs,-or difficulties of truly unusual or unique or extraordinary magnitude MINIMIZATION OF HARM Yes No 1. The project includes all possible planning to minimize harm necessary to preserve the X ? historic integrity of the site. 2. Measures to minimize harm have been agreed to, in accordance with 36 CFR Part 800, by ? F-1 the FHWA, the SHPO, and as appropriate, the ACHP. 3. Specific measures to minimize harm are described as follows: 1. In the vicinity of the W.T. Alexander House, NCDOT has agreed to landscape the grassed median with wax myrtles, forsythia, and/or scotch broom. NCDOT will also plant a screen of trees and shrubs on the north side of SR 2472 at areas where no landscape buffer currently exists. Prior to initiation of construction, NCDOT shall submit the landscaping plan to the State Historic Preservation Office for review and comment. 2. 'In the vicinity of the W.T. Alexander House, NCDOT will minimize the clearing of trees in the right-of-way. Note: Any response in a box requires additional information prior to approval. Consult Nationwide 4(f) evaluation. COORDINATION The proposed project has been coordinated with the following (attach correspondence): a. State Historic Preservation Officer x b. Advisory Council on Historic Preservation a: c. Property owner x_ d. Local/State/Federal Agencies x_ e. US Coast Guard (for bridges requiring bridge permits) SUMMARY AND APPROVAL The project meets all criteria included in the programmatic 4(f) evaluation approved on December 23, 1986. All required alternatives have been evaluated and the findings made are clearly applicable to this project. There are no feasible and prudent alternatives to-the use of the historic site. The project includes all possible planning to minimize harm, and the measures to minimize harm will be incorporated in the project. All appropriate coordination.has been successfully completed with local and state agencies. Approved: 11-2t-9f Date Aot,Manager, Planning & Environmental Branch NCDOT Date Wifision Administrator, FHWA r NORTH CAROLINA DIVISION FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL FOR FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENT WITH PUBLIC PARKS, RECREATION LANDS, AND WILDLIFE AND WATERFOWL REFUGES F. A. Project STP-OOOS(72) State Project 8.2672601 T. I. P. No. U-2508 Description: Minor taking of land from lands owned by Mecklenburg County Parks and Recreation Department, located east of US 29 and adjacent to Mallard Creek Church Road.. Mecklenburg County. Yes No 1. Is the proposed project designed to improve the operational characteristics, safety, and/or physical condition of existing highway facilities on ?( essentially the same location? 2. Is the project on new location? 3. Is the Section 4(f) land a publicly owned public park, recreation land, or wildlife and waterfowl refuge located a adjacent to the existing highway? 4. Does the amount and location of the land to be used impair the use of the remaining Section 4(f) land, in whole or in part, for its intended purpose? (See chart below) Total size of section 4(f) site Maximum-to be acquired less than 10 acres ................10-percent of site 10 acres-100 acres ................ 1 acre greater than 100 acres ............ 1 percent of site 5. Do the proximity impacts of the project (e.g., noise, air and water pollution, wildlife and habitat effects, aesthetic values) on the remaining Section 4(f) X land impair the use of such land for its intended purpose? F Yes No 6. Do the officials having jurisdiction over the Section 4(f) land agree, in writing, with the assessment of the impacts of the proposed project on, and the proposed mitigation for, the Section X 4(f) lands? 7. Does the project use land from a site purchased or improved with funds under the Land and Water Conservation Act (Section 6(f)), the Federal Aid in Fish Restoration Act (Dingell-Johnson Act).,- the Federal Aid in Wildlife Act (Pittman-Robertson Act), or similar laws, or are the lands otherwise encumbered with a Federal interest (e.g., former Federal surplus property)? 8. If the project involves lands described in Item 7 above, does the appropriate Federal Agency object to the land F? NA conversion or transfer? 9. Does the project require preparation of 7 X an EIS? ALTERNATIVES CONSIDERED _AND FOUND NOT TO BE FEASIBLE AND PRUDENT The following alternatives were evaluated and found not to be feasible and prudent: Yes No X 1. Do-nothing: Does the "do nothing" alternative: n (a) correct capacity deficiencies? F or (b) correct existing safety hazards? X or (c correct deteriorated conditions? and (d) create costs, unusual problems, or X impacts of extraordinary measure? t F- 2. Improvement of the highway without usin the adjacent public park, recreational land, or wildlife waterfowl refuge (a) Have minor alignment shifts, changes in standards, use of retaining walls, etc., or traffic management measures been evaluated? (b) The items in 2(a) would result in (circle, as appropriate) (i) substantial adverse community impact or ii) substantial increased costs or (iii) unique engineering, transportation, maintenance, or safety problems or iv) substantial social, environmental, or economic impacts or (v) a project which does not meet the need and (vi) impacts, costs, or problems which are of extraordinary magnitude Yes No X ? X ? T MINIMIZATION OF HARM Yes No 1. The project includes all possible x F 7 planning to minimize harm. 2. Measures to minimize harm include the following: (circle those which are appropriate)* a. Replacement of lands used with lands of reasonably equivalent usefulness and location and of at least comparable value. b>- Replacement of facilities impacted .by the project including sidewalks, paths, benches, lights, trees, and other facilities. i O Restoration and landscaping of disturbed areas. d. Incorporation of design features and habitat features, where necessary, to reduce or minimize impacts to the Section 4(f) property. O Payment of the fair market value of the land and improvements taken or improvements to the remaining Section 4(f) site equal to -the fair market value of the land and improvements taken. a Additional or alternative mitigation measures as determined necessary based on consultation with the officials having jurisdiction over the parkland, recreation area, or wildlife on waterfowl refuge. 3. A discussion of specific mitigation measures is provided as follows: During construction, traffic control measures will be taken to prevent interference with access to or operations of the athletic fields belonging to the Mecklenburg County Parks and Recreation Department. Any disturbed areas will be restored and landscaped. Note: Any response in a box requires additional information prior to approval. Consult Nationwide 4(f) evaluation. P, Yes No 3. Build an improved facility on new location without usinr the public park ? a recreational land, or wildlife and waterfowl refuge. (This would be a localized "run around.") (a) An alternate on new location would result in: (circle, as appropriate) (i) a project which does not solve the existing problems or (ii) substantial social, environmental, or economic impacts or (iii) a substantial increase in project cost or engineering difficulties and (iv) such impacts, costs, or difficulties of truly unusual or unique or extraordinary magnitude COORDINATION The proposed project has been coordinated with the following (attach correspondence): a. Officials having jurisdiction over x the Section 4(f) Land b. Local/State/Federal Agencies X C. US Coast Guard (for bridges requiring bridge permits) d. DOI, if Section 6(f) lands are involved SUMMARY AND APPROVAL The project meets all criteria included in the programmatic 4(f) evaluation approved on December 23, 1956. All required alternatives have been evaluated and the findings made are clearly applicable to this project. There are no feasible or prudent alternatives which avoid use of the Section 4(f) land. The project includes all possible planning to minimize harm, and there are assurances that the measures to minimize harm will be incorporated in the project. All appropriate coordination has been successfully completed. Approved: I )-i2-94 Date Z Date 1 -/1. to-'W? f-t; Manager, Planning & Environmental Branch NCDOT ivision Administrator, FHWA NCWRC.WCP,FnLLS LnKE TEL=919-525-9439 Jun 21'95 10=49 No.002 P.02 0 North Carolina W' ' e Resources Commission F9 512 N. Salisbury Street, Raleigh, North Carolina Z7604-1188,919-7333391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Melba McGee Office of Legislative and Intergovernmental Affairs FROM: David Cox, Highway Project Coo r Habitat Conservation Program /; ?- DATE: June 12, 1995 SUBJECT: North Carolina Department of Transportation (NCDO'1) Finding of No Significant Impact (FONSI) for SR 2472 (Mallard Creek Church Road) improvements, from SR 2681 to US 29 and SR 2833 from US 29 to NC 49 in Charlotte, Mecklenburg County, North Carolina, TIP No. U-2508, SCH Project No. 95-0854. Staff biologists with the N. C. Wildlife Resources Commission (NCWR Q have reviewed the subject FONSI and are familiar with habitat values in the project area. The purpose of this review was to assess project impacts to fish and wildlife resources. Our comments are provided in accordance with certain provisions of the National Environmental Policy Act (42 U.S.C. 4332(2xe)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-6674). The proposed pmieet involved widening existing Mallard Crcck Church Road to a four-lAne.., median divided, facility foom SR 2681 to NC 49. The roadway will have a sixteen foot, raised median. Project length is approximately 2.2 miles. Wetland impacts will likely be authorized under nationwide "4W' pt rmtts. In light of the minimal impacts to wildlife and fishery resources, we will concur with the FONSI for this project. However, we request that NCDOT continue efforts to minimize wetland impacts. Also, Best Management Practices and environmental commitments should be strictly enforced to protect off-site resources. Any stream channels requiring modification should be coordinated with the appropriate resource agencies. Thank you for the opportunity to continent on this FONSI. If we can be of further assistance please call me at (919) 529-9996- cc: Wayne Chapman, District 6 Fisheries Biologist Kcn Knight, District 6 Wildlife Biologist Randy Wilson, Nongarne/EndangaW Species Program Mgr. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 7, 1995 MEMORANDUM To: Melba McGee Through: John Dorndy? Monica Swih From: Eric Galamb:,' Subject. EA for Mallard Creek Road Mecklenburg County TIP #U-2508 DEHNR # 95-0452, DEM # 10826 F?XMA F t*o ID FE Flt The subject document has been reviewed by this office. The Division of Environmental Management is responsible for the issuance of the Section 401 Water Quality Certification for activities which impact waters of the state including wetlands. The document states that waters including wetlands will be impacted. There is a 0.8 acre pond that will be drained and filled as a result of this project. DEM requested on November 25, 1992 that DOT attempt to avoid impacting this pond. The pond accumulates sediment and pollutants from the upstream junk yard and therefore they are prevented from entering Mallard Creek. This pond also probably serves to modify the hydrograph and prevent flooding of the wetland mitigation site. The mitigation site has been developed with an expectation of a certain amount of hydrology. DOT should reevaluate the hydrology of the mitigation site with the knowledge that the pond site will be developed into commercial property (Crescent Resources, Inc.). Is it possible that the City of Charlotte will require that runoff from this site not exceed the present runoff? If this is the case, our concerns will be alleviated. DOT should investigate this matter with the city. If excess water will be directed to the mitigation site, DOT should ensure that the mitigation area does not have too much water or that flow will channelize and thereby drain the mitigation site. DOT should adhere to DOT's Stream relocations/ channelization guidelines. DEM agrees with the decision to widen existing Mallard Creek Road. DOT is reminded that endorsement of an EA by DEM would not preclude the denial of a 401 Certification upon application if wetland impacts have not been avoided and minimized to the maximum extent practicable. Questions regarding the 401 Certification should be directed to Eric Galamb (733- 1786) in DEM's Water Quality Environmental Sciences Branch. mallard.ea cc: Asheville COE Ted Devans, DOT P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper w - rft"_ RECEIVED Department of Environment, Health, and Natural Resources! JAN ' 199 ? Project located in 7th floor library Office of Legislative and Intergovernmental Affairs Project Review Form ft"ft0,VJWQVTAL,9C 16 A Project Number: County: Date: ?y Date Response Due (firm deadline): U This project is being reviewed as indicated below: w ?? ?'OS'34 Regional Office/Phone Regional Office' Area In-H . e Review ? Asheville ? All RIO Areas oil and Water ? Marine Fisheries t etteville El F V Air Management ? Water Planning coastal ay Water ? Water Resources Environmental Health Mooresville Groundwater ildlife ?Solid waste management Raleigh Land Quality Engineer Resources ? Radiation Protection Forest Washington 11 Recreational Consultant I and Resources ? David Foster Consultant ? Coastal management arks and Recreation ? Other (specify) ? Wilmington , ? Others nvironmental Management ? Winston-Salem PWS Monica Swihart Manager Sign=Off/Region: Date: in-House Reviewer/Agency: Response (check all applicable) Regional Office response to be compiled and completed by Regional Manager ? No objection to project as proposed ? No Comment ? Insufficient information to complete review ? Approve Permit(s) needed (permit files have been checked) ? Recommended for further development with recommendations for strengthening (comments attached) ? Recommended for further development if specific & substantive changes incorporated by funding agency (comments attachedlauthority(ies) cited) In-House Reviewer complete individual response. ? Not recommended for further development for reasons stated in attached comments (authority(ies) cited) ?Applicant has been contacted ?Applicant has not been contacted ? Project Controversial (comments attached) ? Consistency Statement needed (comments attached) ? Consistency Statement not needed ? Full EIS must be required under the provisions of NEPA and SEPA ? Other (specify and attach comments) RETURN TO: Melba McGee , Office of Legislative and Intergovernmental Affairs PS-104 Charlotte, Mecklenburg County Widening of Mallard Creek Church Road, ,SR 2472 from SR 2681 to US 29, and SR 2833 from US 29 to NC 499 F. A. Project STP - OOOS (72) State Project 8.2672601 T.I.P. Project U-2508 h R ADMINISTRATIVE ACTION Environmental Assessment and Programmatic Section 4(f) Evaluations. U.S. Department of Transportation Federal Highway Administration and N.C. Department of Transportation Division of Highways Submitted Pursuant to 42 U.S.C. 4332(2)(C) and 49 U.S.C. 303 Date -,;r H. Franklin Vick, P. E., Manager Planning and Environmental Branch, NCDOT 1I/ f r Date ich s Oaf,. P. E. KDivi ion Administrator, FHWA Charlotte, Mecklenburg County Widening of Mallard Creek Church Road, SR 2472 from SR 2681 to US 299 and SR 2833 from US 29 to NC 499 F. A. Project STP - OOOS (72) State Project 8.2672601 T.I.P. Project U-2508 Environmental Assessment and Programmatic Section 4(f) Evaluations Document Prepared in Planning and Environmental Branch By: i1/oit f 99y ??•?oR?H CAR Oz Thomas E. Devens, P.E. :'*??'.•'?ESSIO•'',y••?q??% - .??pE 9?• Project Planning Engineer SEAL 18334 ' s ms's f%YG <Q? :' ? • •S0•. ?N qS E. Dti Robert Hanson, P.E. Project Planning Unit Head TABLE OF CONTENTS PROJECT SUMMARY SECTION Description of Action Environmental Commitments Estimated Environmental Impacts Alternatives Considered Coordination Action Required by Other Agencies PAGE I. BASIS FOR PROPOSED ACTION ................................. 1 A. Existing Conditions .................................. 1 B. Traffic Volumes ...................................... 4 C. Capacity Analysis ....... 4 D. Transportation Planning .............................. 5 E. Accident Record ...................................... 6 F. Benefits to State, Region, and Community ............. 7 II. DESCRIPTION OF PROPOSED ACTION A. General Description .................................. 7 B. Programmed Funding ................................... 8 C. Estimated Cost of Improvements ....................... 8 D. Recommended Improvements ............................. 9 III. ALTERNATIVES CONSIDERED A. Other Widening Alternatives .......................... 14 B. Public Transportation Alternatives ................... 15 C. "No Build" Alternative ............................... 15 IV. SOCIAL, ECONOMIC, AND ENVIRONMENTAL IMPACTS A. Land Use Planning ... .... ....................... 15 B. Social and Economic Environment ...................... 18 C. Section 4(f) Resources ............................... 22 D. Cultural Resources ................................... 24 E. Natural Resources .................................... 26 Y F. Floodplain Involvement ............................... 33 G. Highway Traffic Noise Analysis ....................... 33 H. Air.Quality Analysis ................................. 38 I. Transportation Management ............................ 41 J. Construction Impacts ................................. 43 K. Contaminated Properties .............................. 45 V. COMMENTS AND COORDINATION ...................................... 45 TABLE OF CONTENTS Figure 1 - Vicinity Map Figure 2 - Recommended Cross-Section A Figure 3 - Recommended Cross-Section B Figure 4 - Recommended Alignment Figure 5 - Traffic Projections Figure 6 - Alternative which avoids the Alexander Property Appendix A - Historic Architecture Resources Appendix B - Programmatic Section 4(f) Evaluations Appendix C - FHWA Noise Abatement Criteria Appendix D - Additional Comments/Coordination Charlotte, Mecklenburg County Widening of Mallard Creek Church Road, SR 2472 from SR 2681 to US 29, and SR 2833 from US 29 to NC 49, F. A. Project STP - OOOS (72) State Project 8.2672601 T.I.P. Project U-2508 SUMMARY 1. Description of Action The North Carolina Department of Transportation, Division of Highways, proposes to widen Mallard Creek Church Road to a multi-lane cross-section from SR 2681 to NC 49. The project is located in the northeast Charlotte area in Mecklenburg County (See Figure 1 for project location). This project is included in the 1995-2001 Transportation Improvement Program (TIP). The TIP has allocated $3,060,000 for right-of-way acquisition and $5,100,000 for construction of this project (U-2508). The project is currently planned for construction in two phases. From SR 2681 to US 29, right-of-way acquisition is scheduled to commence in Fiscal Year (FY) 1995, with construction letting scheduled for FY 1996. From US 29 to NC 49, right-of-way acquisition will begin in FY 1998, with letting scheduled for FY 1999. Mallard Creek Church Road is designated as SR 2472 from SR 2681 to US 29, and SR 2833 from US 29 to NC 49. From SR 2681 to US 29, the existing two-lane facility is to be widened to a four-lane highway with two 12-foot travel lanes in each direction (See Figure 2). Each travel direction will be divided by a 20-foot raised median. The median will be raised with 2'-9" curb and gutter, and will consist of grass and spaced plantings of small trees which are indigenous to the area. An 8-foot shoulder (including 6 feet of pavement and 2 feet of grass) will be constructed adjacent to the outside edge of pavement. The paved width of this shoulder will accommodate bicycle traffic. From US 29 to NC 49, a four-lane highway with a 12-foot inside and 14-foot outside travel lane in each direction is proposed (to accommodate bicycle traffic). See Figure 3. Each travel direction will be divided by a 20-foot raised median. The median will be raised with 2'-9" curb and gutter, and will consist of grass and spaced plantings of small trees which are indigenous to the area. Curb and gutter and an 8-foot berm will be utilized adjacent to the outside edge of pavement. Existing grade of the bridge (and approaches) over Mallard Creek may be raised to reduce the magnitude of a "sag" vertical curve from US 29 to the bridge to SR 2834. The roadway will utilize existing alignment to the extent possible between SR 2681 and SR 2834 (Mary Alexander Road). From Mary Alexander Road to NC 49, a new extension of Mallard Creek Church Road is recommended (See Figure 4). The extension is proposed on new location, intersecting NC 49 at its existing intersection with SR 2939 (Old Concord Road). The "old" section of Mallard Creek Church Road in the vicinity of Mary Alexander Road will be realigned to "tee" into the new extension of Mallard Creek Church Road (See Figure 4). Old Concord Road will be realigned to accommodate an improved four-way intersection with NC 49 and the new Mallard Creek Church Road extension. Recommended minimum right-of-way from SR 2681 to US 29 is 120 feet plus any cut/fill slopes or easements. From US 29 to NC 49, a minimum of 100 feet is proposed. The realigned sections of Concord Road and "old" Mallard Creek Church Road require a minimum of 60 feet of right-of-way. No control of access is recommended. This 2.2 mile project has an estimated cost of $89700,000 (including $5,890,000 for construction and $2,810,000 for right-of-way). ii 2. Environmental Commitments All standard procedures and measures will be implemented to avoid and minimize environmental impacts. Impacts will be minimized by utilizing Best Management Practices during construction. A 401 Water Quality Certification administered through the N.C. Department of Environment, Health, and Natural Resources will be required. In accordance with provisions of Section 404 of the Clean Water Act (33 U.S.C. 1344), a permit will be required from the United States Army Corps of Engineers for the discharge of dredged or fill material in "Waters of the United States." The subject project is classified as a Federal Environmental Assessment. It is anticipated that the provisions of Nationwide Permit 33 CFR 330.5(A) 14 and 26 will apply to this project. Final permit decisions, however, are left to the discretionary authority of the United States Army Corps of Engineers. In order to minimize effect on historic properties, NCDOT has committed to the following measures: 1. In the vicinity of the W.T. Alexander House, NCDOT has agreed to landscape the grassed median with wax myrtles, forsythia, and/or scotch broom. NCDOT will also plant a screen of trees and shrubs on the north side of SR 2472 at areas where no landscape buffer currently exists. Prior to the initiation of construction, NCDOT shall submit the landscaping plan to the State Historic Preservation Office for review and comment. 2. In the vicinity of the W.T. Alexander House, NCDOT will minimize the clearing of trees in the right-of-way. During construction, traffic control measures will be taken to prevent interference with access to the parking lot of the UNCC District Park, located east of the US 29 intersection with Mallard Creek Church Road. Any areas of the park that are disturbed by construction will be restored and landscaped. As a part of this project, NCDOT plans to incorporate the proposed Mallard Creek Greenway into the design for the replacement bridge over Mallard Creek. NCDOT is committed to further coordination with the Mecklenburg Parks and Recreation Department to produce a bridge design which provides adequate clearances for a bicycle underpass. Cost estimates will not be finalized until later design phases, at which time cost-sharing can be addressed. Six geodetic markers are located along the project and will be impacted by the construction. Prior to construction, NCDOT will contact the North Carolina Geodetic Survey. iii It is recommended that NCDOT participate with the City of Charlotte on a cost-share basis to provide a pedestrian facility on Mallard Creek Church Road, from US 29 to NC 49. The sidewalk is recommended on the southwest side of Mallard Creek Church Road. If additional sidewalk provisions are desired by the City of Charlotte, then a justification must be submitted to NCDOT,(in accordance with the 1994 NCDOT Pedestrian Policy). This justification must be received by February, 1995. The replacement bridge for Bridge Number 84 (carrying Mallard Creek Church Road over Mallard Creek) is to have sidewalks constructed on both sides of the bridge deck. As mitigation for wetland impacts from the Charlotte Outer Loop (TIP project R-211), two lowland sites adjacent to Mallard Creek and Mallard Creek Church Road are presently being converted into wetlands. It is vitally important that, during the design phase of this project, every effort be taken to avoid impacting these sites. Plans of the mitigation sites are available in the Roadway Design Branch of NCDOT. Wetlands serve as a natural buffer between urban runoff and the natural environment. Therefore, in the vicinity of the two wetland mitigation areas adjacent to Mallard Creek, NCDOT will make every attempt to divert stormwater from the recommended curb and gutter facility into the wetlands. This requirement should include stormwater which falls on the proposed highway from US 29 to approximately SR 2834 (Mary Alexander Road). Stormwater should first run through the wetlands before entering Mallard Creek. Where grades do not allow diversion of water to the wetlands, efforts will be made to divert stormwater into grass swales and ditches before reaching Mallard Creek. A plant screen will be planted along the project, between SR 4671 and SR 2834, to visually shield homes from the proposed cross-section. iv 3. Summarv of Estimated Environmental Impacts The proposed project will have a positive impact on the northeast Charlotte area by providing better access and safer travel between Interstate 85, US 29, and NC 49. The University of North Carolina, Charlotte, is located at the east end of the project, therefore transportation capacity to and from the university will be improved. Approximately 5 residences and no businesses will be relocated by the proposed project. It is anticipated that replacement housing will be available as needed. There may be some erosion and siltation during construction, however the effects will be short term in nature and minimized to the extent possible. No significant effects to plant or animal life are expected. For TIP Project R-211 (Eastern Charlotte Outer Loop), a municipal agreement was reached between NCDOT and the Mecklenburg County. NCDOT desired to use land owned by the Mecklenburg County Parks and Recreation Department as wetland mitigation sites (adjacent to Mallard Creek). In return for the land, NCDOT agreed to build a bicycle "boardwalk" along Mallard Creek in conjunction with construction for this project. This agreement will improve the local greenway system. A small taking of land is required from the W.T. Alexander House, a property which is considered to be eligible for the National Register of Historic Places. However, this taking is considered to have No Adverse Effect on the significance and ambiance of the site. A Programmatic Section 4(f) evaluation is attached to this assessment. Although the project will require the taking of some land from the Mecklenburg County Parks and Recreation Department, no impact is anticipated to recreational soccer fields adjacent to Mallard Creek Church Road and US 29. This undertaking is consistent with the Parks and Recreation Department's Master Plan for the area. A Programmatic Section 4(f) evaluation is attached to this assessment. Several residences or businesses are predicted to experience traffic noise level increases in excess of the FHWA noise abatement criteria. However, noise abatement is not considered reasonable or feasible as part of this project. To improve aesthetic views, a plant screen will be planted between SR 4671 and SR 2834 to visually shield homes from the proposed cross-section. v 4. Alternatives Considered From SR 2681 to US 29, only one alignment was studied for widening. Because the existing horizontal and vertical alignment of Mallard Creek Church Road is substandard for a 50 mph design speed, some realignment of the existing roadway is necessary to widen according to AASHTO standards. The recommended alignment "straightened several substandard horizontal curves on Mallard Creek Church Road. In the vicinity of the W.T. Alexander House and Mecklenburg County soccer fields, Section 4(f) of the Department of Transportation Act of 1966 required study of an additional alternative which avoids taking any land from the historic site or the parklands (See Figure 6). This "avoidance alternative" resulted in impacts of extraordinary magnitude in terms of cost, relocations, and wetland impact. Therefore, it was not found to be a feasible and prudent alternative (See Appendices A and B). Two alternative cross-sections were studied. Both cross-sections separate travel directions with a 20-foot raised median. The median will be raised with 2'-9" curb and gutter, and will consist of grass and spaced plantings of small trees which are indigenous to the area Cross-section A is a four-lane highway with two 12-foot travel lanes in each direction, and an 8-foot shoulder (See Figure 2). Minimum right-of-way is 120 feet. Cross-section B is a four-lane highway with a 12-foot and a 14-foot travel lane in each direction, utilizing curb and gutter and an 8-foot berm adjacent to outside lanes (See Figure 3). A minimum of 100 feet of right-of-way is required. Cross-section A was chosen from SR 2681 to US 29 because of its lower cost and continuity with Mallard Creek Church Road on the west side of Interstate 85. Cross-section B was chosen from US 29 to NC 49 because of lower cost (right-of-way), better layout for sidewalk construction, and because drainage into the wetland mitigation areas can be controlled through the stormwater pipe system. NCDOT also studied the widening of existing Mallard Creek Church Road from SR 2834 to NC 49. Several factors contributed to the non-selection of this alternative, including poor alignment, additional relocations, traffic congestion, bicycle and pedestrian safety, furthering of the thoroughfare plan, and potential conflict with future UNCC expansion. The "No Build" alternative was considered and rejected, due to the traffic and safety benefits provided by the proposed improvements. vi S. Coordination The following federal, state, and local agencies and officials were consulted regarding this project : *U. S. Army Corps of Engineers U. S. Environmental Protection Agency U. S. Federal Emergency Management *U. S. Fish and Wildlife Service U. S. Geological Survey *State Clearinghouse *N. C. Dept. of Cultural Resources N. C. Dept. of Human Resources N. C. Dept. of Public Instruction *N. C. Dept. of Environment, Health, & Natural Resources *N. C. Wildlife Resources Commission Centralina Council of Governments *Mecklenburg County Commissioners The Mayor of Charlotte City of Charlotte Transportation Dept. *Mecklenburg County Planning Dept. *Mecklenburg County Parks and Recreation Dept. *University of North Carolina, Charlotte *Charlotte/Mecklenburg Historic Landmarks Commission Asterisks (*) indicate agencies from which written responses were received. Those comments are included in Appendix D of this report. vii 6. Action Reauired by Other Agencies Wetlands and surface waters fall under the broad category of "Waters of the United States" as defined in 33 CFR 328.3 and in accordance with provisions of section 404 of the Clean Water Act (33 U.S.C 1344) and are regulated by the U.S. Army Corps of Engineers (COE). Section 404 impacts to surface waters will occur. Construction at these sites is likely to be authorized by provisions of Nationwide Permit 33 CFR 330.5 (A) 14 and 26 under Section 404 of the Clean Water Act. These permits authorize fills for roads crossing waters of the United States, however the Corps of Engineers has final discretionary authority. This project will also require a general 401 Water Quality Certification from NCDEHNR prior to the COE issuance of a Nationwide 404 permit. Section 401 of the Clean Water Act (CWA) requires that the state issue or deny water quality certification for any federally permitted or licensed activity that may result in a discharge to the waters of the United States. Since this project will likely be authorized under Nationwide Permit process, it is likely that no mitigation will be required by the COE. A final determination regarding mitigation requirements will be made in coordination with various environmental review agencies during the final design phase of the project. 7. Additional Information Additional information concerning the proposal and assessment can be obtained by contacting either of the following: Nicholas L. Graf, P. E. Division Administrator Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, North Carolina 27601 Telephone 919-856-4346 H. Franklin Vick, P. E. Manager, Planning and Environmental Branch N. C. Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611 Telephone.919-733-3141 viii Charlotte, Mecklenburg County Widening of Mallard Creek Church Road, SR 2472 from SR 2681 to US 299 and SR 2833 from US 29 to NC 499 F. A. Project STP - OOOS (72) State Project 8.2672601 T.I.P. Project U-2508 I. BASIS FOR PROPOSED ACTION A. Existing Conditions 1. Length of Studied Section The studied portion of Mallard Creek Church Road is 2.2 miles in length. The section of Old Concord Road to be realigned is 0.2 mile in length. 2. Functional Classification Mallard Creek Church Road is designated as SR 2472 from I-85 to US 29, and SR 2833 from US 29 to NC 49. It is classified as an Urban Minor Arterial in the Statewide Functional Classification System. 3. Existing Cross Section The existing cross-section is consistent for the project length. Pavement width varies between 22 and 24 feet, with grass shoulders that average 6 feet in width. Pavement widens only at intersections with US 29 and NC 49 to accommodate left and right-turn lanes. Project R-2215 constructed the interchange of Mallard Creek Church Road with Interstate 85. Project R-2215 improved Mallard Creek Church Road to a 5-lane curb and gutter section across I-85. The cross-section is 64 feet from curb-face to curb-face, and ends at the western terminus of this project, SR 2681. West of the I-85 interchange, Mallard Creek Church Road is a four-lane highway with two 12-foot travel lanes in each direction. Each travel direction is divided by a 20-foot raised median. The median is raised above inside, modified curbs, and consists of grass and spaced plantings of small trees which are indigenous to the area. An 8-foot shoulder (including 6 feet of pavement and 2 feet of grass) constitutes the outside edge of pavement. 4. Right-of-Way Existing right-of-way is the maintained road width (approxi- mately 40 feet) from SR 2681 to US 29. From US 29 to NC 49, existing right-of-way is 60 feet in width, symmetrical about the centerline of the existing roadway. Mecklenburg County has preserved several small dedications adjacent to Mallard Creek Church Road. 2 5. Alignment The existing roadway alignment contains several sharp horizontal curves. Between I-85 and US 29, a sharp reverse curve is caused by an 8 and a 12 degree curve in opposite directions. The straight (tangent) section between the curves is very short. Additionally, an 8 degree curve is just west of the US 29 intersection. Between US 29 and NC 49, a 7.5 degree curve is just east of SR 2834 (Mary Alexander Road). West of the NC 49 intersection, a reverse curve is created by two sharp curves (estimated as 12.8 degrees each) in opposite directions. The curves are joined by a very short tangent section. Existing vertical alignment 11 is fairly steep at several locations. Between I-85 and US 29, grades approach 5% in two sections of SR 2472. Traveling eastward from US 29, SR 2833 has a 4% decline as the road drops elevation to the bridge crossing Mallard Creek, with a 4.5% incline as SR 2833 climbs toward SR 2834. 6. Structures Bridge No. 84 carries Mallard Creek Church Road over Mallard Creek. The bridge is 161 feet in length, with a 29-foot roadway width and a sufficiency rating of 72 out of a possible 100. The existing bridge was designed using a design loading standard which does not meet the current minimum standards required by North Carolina policy. 7. Intersecting Roads and Type of Control The following roads intersect Mallard Creek Church Road within the project limits: SR 2681 (John Adams Road), US 29 (N. Tryon Street), SR 4671 (Alexander Glen Lane), Stone Quarry Road (a private access road to Martin Marietta quarry and REA Construction Company), Bonnie Cone Lane (a private subdivision road), SR 2834 (Mary Alexander Road), University Terrace Drive (private access road to University Terrace Condominiums), two separate access roads to the UNCC campus and parking lots, and NC 49 (University City Boulevard). All of these intersections are at-grade, and all but US 29 and NC 49 are stop sign controlled. Intersections at US 29 and NC 49 are signalized. 8. Access Control No control of access exists, and none is planned for the project. 9. Utilities Power lines run parallel to the existing alignment, crossing Mallard Creek Church Road at various locations. Telephone lines also run parallel to the studied section. A utility impacts rating of "medium" has been assigned to this project. 3 10. Geodetic Markers Six geodetic markers are-located along the project and will be impacted by the construction. The North Carolina Geodetic Survey will be contacted prior to construction. 11. Bicycle Facilities The North Carolina Bicycle Program has determined there is a need for bicycle facilities on this project. Existing pavement width does not accommodate bicycle traffic; however bicycle transportation is recognized as a major mode of transportation for students attending UNCC. To a lesser degree, some bicycle traffic is attracted to the Mecklenburg County Parks and Recreation Department soccer fields, which are located northeast of Mallard Creek Road on the east side of US 29 (See Figure 4). Mecklenburg County plans show a Mallard Creek. The greenway system document under "Land Use Planning." future greenway which parallels is discussed later in this 12. School Buses A total of 22 school buses use the studied section of Mallard Creek Church Road in the morning and afternoon. Bus destinations are scattered throughout the central and northern Charlotte area. University Meadows Elementary School has the most busses (6) using this section. The school is located north of the project on US 29, off of Harris Houston Road. The majority of school busses travel on Mallard Creek Church Road between 6:30 and 8:00 am, and between 2:00 and 5:00 pm. Very few busses cross Interstate 85. Most busses travel between US 29 and NC 49. 13. Pedestrian Activities As the northeast Charlotte area develops, pedestrian traffic along Mallard Creek Church Road is expected to increase. Near the UNCC Campus, residential development is growing rapidly. The University Terrace Condominiums are located across Mallard Creek Church Road from UNCC. Presently there are additional condominiums under construction in this area (See Figure 4). Condominium residents desiring to walk to UNCC must cross Mallard Creek Church Road. In addition, residents of. Alexander Glen Apartments and Craven Croft may walk alongside Mallard Creek Church Road until connecting with Mary Alexander Road, which accesses campus. 4 B. Traffic Volumes The estimated traffic volumes in vehicles per day (vpd) for the studied facility are as follows (see also Figure 5): SR 2681 to US 29 US 29 to NC 49 1995 Average Daily Traffic => 16,600 vpd 14,600 vpd 2015 Average Daily Traffic => 29,800 vpd 26,200 vpd Truck traffic as a percentage of average daily traffic (ADT) is as follows: Truck Tractor Semi-Trailer (TTST) = 2% of ADT 3% of ADT Dual Tired Vehicles (Dual) = 3% of ADT 4% of ADT From I-85 to US 29, the design hourly volume (DHV) is estimated to be 9% of the ADT. From US 29 to NC 49, the design hourly volume is estimated to be 10% of the ADT. Directional distribution of peak-hour traffic is expected to be 609% in one direction and 40% in the opposite direction. C. Capacity Analysis The concept of level of service (LOS) is defined as a qualitative measure describing the operational conditions within a traffic stream and how. these conditions are perceived by motorists and/or passengers. A level of service definition generally describes conditions in terms of such factors as speed, travel time, freedom to maneuver, traffic interruptions, delay, comfort, convenience, and safety. Six levels of service are defined for each type of facility for which analysis procedures are available. They are given letter designations from A to F. with level of service A representing the best operation conditions and level of service F representing the worst. Due to the urban nature of development in the vicinity of this project, intersection levels of service will control the overall level of service of the facility. A capacity analysis was performed for the proposed project to determine the level of service, using the estimated peak traffic demands for the years 1995 and 2015. It must be recognized that in the Charlotte area, widening one roadway only represents improvements to a portion of the overall transportation system. Other roadways widenings are necessary to maintain capacity of the entire system. This is the case for Mallard Creek Church Road. Although the recommended cross-section will readily move 1995 and 2015 traffic projections on Mallard Creek Church Road itself, capacity of the facility will be dictated by operations at signalized intersections with other highways - namely US 29 and NC 49. Traffic projections on US 29 and NC 49 show extremely heavy through-movements, coupled with very heavy turning movements onto Mallard Creek Church Road. Acceptable design year LOS results at these intersections are possible only if NC 49 and US 29 are widened in the future. TIP Project R-2215 already recommends the phased widening of NC 49 to eight lanes. Although US 29 is not 5 currently programmed for improvements, high traffic volumes will inevitably warrant future widening. It is the heavy through-movements and turning movements at intersections with US 29 and NC 49 which severely inhibit capacity on Mallard Creek Church Road. Therefore, capacity analyses of these intersections (in the design year) incorporate future widening of US 29 and NC 49. During the design phase, NCDOT will study these intersections in greater detail, and may modify the recommendations in this document. The intersection of US 29 and Mallard Creek Church Road requires several additional turning lanes to operate at a LOS D in the design year. East and westbound approaches of Mallard Creek Church Road will require two dedicated left-turn lanes and one dedicated right-turn lane. North and southbound US 29 approaches will require one dedicated left-turn lane and one dedicated right-turn lane. With existing through lanes on US 29, this configuration will operate at a LOS D in 1995. The new intersection of NC 49, the Mallard Creek Church Road exten- sion, and Old Concord Road requires several additional turning lanes to operate at a LOS E in the design year. The eastbound approach of Mallard Creek Church Road will require one through lane, two dedicated left-turn lanes, and one dedicated right-turn lane. The westbound approach of Old Concord Road will require two through lanes, one dedicated left-turn lane, and one dedicated right-turn lane. The northbound approach of NC 49 will require two dedicated left-turn lanes and one dedicated right-turn lane. The southbound approach of NC 49 will require two dedicated left-turn lanes and one dedicated right-turn lane. To accommodate the two left-turn lanes from southbound NC 49, eastbound Old Concord Road will be widened to two through-lanes for a distance of approximately 450 feet, with an addi- tional taper/merge section of approximately 500 feet. With existing through lanes on NC 49, this configuration will operate at a LOS D in 1995. An additional intersection is formed where the "old" section of Mallard Creek Church Road will be realigned to tee into the extension of Mallard Creek Church Road. It is recommended that the eastbound approach of the Mallard Creek Church Road extension include a dedicated right-turn lane onto "old" Mallard Creek Church Road. Also, a dedicated left-turn lane and a dedicated right-turn lane are recommended on the northbound approach of the "old" section of Mallard Creek Church Road. This intersection can operate unsignalized with an overall LOS D expected in 1995, although a LOS F is anticipated in the design year. Therefore as traffic volumes increase, a spot improvement should be considered to this intersection. In future years, a traffic signal and additional turning lanes will be required. The "old" Mallard Creek Church Road approach will likely require a double left-turn lane and a dedicated right-turn lane. Signalization may be required as a result of more detailed study in the design phase. D. Transportation Plannin Mallard Creek Church Road is designated as a Major Thoroughfare on the 1988 Charlotte-Mecklenburg Thoroughfare Plan. The proposed four-lane cross section is in conformance with the thoroughfare plan, and construction of this project will be a step toward implementation of the thoroughfare plan. 6 The 1988 Thoroughfare plan shows Mallard Creek Church Road as part of an eventual "Eastern Circumferential" of Charlotte. The proposed circumferential is located inside the proposed eastern Charlotte Outer Loop, concentrically paralleling the Outer Loop at an average distance of 1.5 miles. As shown on the thoroughfare plan, the Eastern Circumferential follows Mallard Creek Church Road from I-85 to SR 2834. However, east of SR 2834 (Mary Alexander Road), the proposed Circumferential departs on new location, intersecting NC 49 in the vicinity of SR 2939 (Old Concord Road). The recommended improvements of this project follow the corridor shown in the thoroughfare plan, thereby furthering implementation of a long-range Charlotte-Mecklenburg transportation system. As Mallard Creek Church Road (the Eastern Circumferential) is extended east of NC 49 in future years, the extension must cross over the Southern Railroad (See Figure 4). This presents a vertical alignment problem, for the railroad is located only 300 feet east of the proposed intersection of NC 49, Old Concord Road, and the new extension of Mallard Creek Church Road. A grade separation will be necessary to carry the future circumferential over Southern Railroad, however 300 feet is inadequate distance to lower the highway elevation from a grade separation to an at-grade intersection with NC 49. Therefore, a future interchange with NC 49 will be necessary to meet grade requirements, and to allow turning movements between NC 49 and the circumferential: Additionally, Old Concord Road may /have to be closed-off at its existing intersection with NC 49, with traffic rerouted to the intersection of NC 49 and existing Mallard Creek Church Road. E. Accident Record A total of 85 accidents were reported on the studied portion of Mallard Creek Church Road during the period between July 1989 and June 1992. No fatalities occurred. On SR 2472, 15 accidents were reported, resulting in an accident rate of 324.4,accidents per 100 million vehicle miles (ACC/100MVM), compared to a statewide average of 315.9 ACC/100 MVM. Of these accidents, 53% were vehicles running off of the road, and 20% were rear-end collisions. In the same time period, 60 accidents were reported on SR 28339 resulting in an accident rate of 708.4 accidents per 100 million vehicle miles (ACC/100MVM). This is a high rate when compared to a statewide average of 315.9 ACC/100 MVM. Most accidents occurred at intersections of Mallard Creek Church Road with US 29 and NC 49. Rear-end collisions comprised 33% of accidents, while angular accidents totaled 29%. Due to the medium to high density development along Mallard Creek Church Road, rear-end collisions will continue to be a problem in the future. The proposed improvements will reduce the potential for this type of accident. Dedicated left-turn lanes at median breaks will shelter turning vehicles from through traffic while waiting for a gap in opposing traffic. The additional through-lane in each direction will allow drivers to slow down for a right-turn without slowing all traffic moving in their direction, as occurs under current conditions. 7 The improved alignment will greatly reduce accidents caused by running off of the road. F. Benefits to State, Region, and Communit Widening Mallard Creek Church Road will improve access and safety to the area, save automobile operating costs,and reduce commuter travel times. Overall improvement in the ease and convenience of travel will benefit the entire northeast Charlotte area. The widening of Mallard Creek Church Road will provide safer and more efficient access to UNCC and the northeast Charlotte area. This region of Charlotte/Mecklenburg County is developing rapidly. The Charlotte campus of the University of North Carolina is currently devising a master plan for expansion, and private businesses anticipate development along the I-85, US 29, and NC 49 corridors. Because Mallard Creek Church Road connects I-85, US 29, and NC 49, and because UNCC is located adjacent to this roadway, it is anticipated that Mallard Creek Church Road will develop quickly. II. DESCRIPTION OF PROPOSED ACTION A. General Descriation The North Carolina Department of Transportation, Division of Highways proposes to widen Mallard Creek Church Road from SR 2681 to NC 49 (See Figure 1 for project location.) From SR 2681 to US 29, the existing two-lane facility is to be widened to a four-lane highway with two 12-foot travel lanes in each direction (See Figure 2). Each travel direction will be divided by a 20-foot raised median. The median will be raised with 2'-9" curb and gutter, and will consist of grass and spaced plantings of small trees which are indigenous to the area. An appropriate landscape plan will be implemented by the Roadside Environmental Branch. An 8-foot shoulder (including 6 feet of pavement and 2 feet of grass) will be constructed adjacent to the outside edge of pavement. The paved width of this shoulder will accommodate bicycle traffic. From US 29 to NC 49, a four-lane highway with a 12-foot inside and 14-foot outside travel lane in each direction is recommended (to accommodate bicycle traffic). See Figure 3. Each travel direction will be divided by a 20-foot raised median. The median will be raised with 2'-9" curb and gutter, and will consist of grass and spaced plantings of small trees which are indigenous to the area. An appropriate landscape plan will be implemented by the Roadside Environmental Branch. Curb and gutter and an 8-foot berm will be utilized adjacent to the outside edge of pavement. Existing grade of the bridge (and approaches) over Mallard Creek may be raised to reduce the magnitude of a "sag" vertical curve from US 29 to the bridge to SR 2834. 8 The roadway will utilize existing alignment to the extent possible between SR 2681 and SR 2834 (Mary Alexander Road). From Mary Alexander Road to NC 49, a new extension of Mallard Creek Church Road is recommended (See Figure 4). The extension is proposed on new location, intersecting NC 49 at its existing intersection with SR 2939 (Old Concord Road). As described in the Transportation Planning section, this extension on new location furthers the Charlotte-Mecklenburg Thoroughfare Plan. The new location alignment will also relieve congestion in the UNCC vicinity by drawing traffic away from the "old" section of Mallard Creek Church Road (See Figures 4 and 5). Relieved traffic congestion will increase safety for bicyclists and pedestrians near UNCC, and will decrease traffic delays in accessing the UNCC campus. The "old" section of Mallard Creek Church Road in the vicinity of Mary Alexander Road will be realigned to tee into the new extension of Mallard Creek Church Road (See Figure 4). Old Concord Road will be realigned to accommodate an improved four-way intersection with NC 49 and the new Mallard Creek Church Road extension. Recommended minimum right-of-way from SR 2681 to US 29 is 120 feet plus any cut/fill slopes or easements. From US 29 to NC 49, a minimum of 100 feet is proposed. The realigned sections of Concord Road and "old" Mallard Creek Church Road require a minimum of 60 feet of right-of-way. No control of access is recommended. B. Programmed Funding This project is included in the 1995-2001 Transportation Improvement Program (TIP). The TIP has allocated $3,060,000 for right-of-way acquisition and $5,100,000 for construction of this project (U-2508). The project is currently planned for construction in two phases. From SR 2681 to US 29, right-of-way acquisition is scheduled to commence in Fiscal Year (FY) 1995, with construction letting scheduled for FY 1996. From US 29 to NC 49, right-of-way acquisition will begin in FY 1998, with letting scheduled for FY 1999. C. Estimated Cost of Improvements This 2.2 mile project has an estimated cost of $8,700,000 (including $5,890,000 for construction and $2,810,000 for right-of-way). The cost breakdown is: Section Location Construction R/W Total "B" SR 2681 to US 29 $197509000 $ 8609000 $296109000 "C" US 29 to NC 49 $4,140,000 $199509000 $690909000 Total Cost $598909000 $298109000 $897009000 9 D. Recommended Improvements 1. Length of Project The studied portion of Mallard Creek Church Road is 2.2 miles in length. The section of Old Concord Road to be realigned is 0.2 mile in length. 2. Project Termini The project's western terminus is SR 2681 (John Adams Road), which is adjacent to the Interstate 85 interchange with Mallard Creek Church Road. The project's eastern terminus is NC 49 (University City Boulevard), including a 0.2 mile realignment of Old Concord Road. 3. Proposed Typical Section From SR 2681 to US 29, the proposed cross-section is a four-lane highway with two 12-foot travel lanes in each direction (See Figure 2). Each travel direction will be divided by a 20-foot raised median. An 8-foot shoulder (including 6 feet of pavement and 2 feet of grass) will be constructed adjacent to the outside edge of pavement. From US 29 to NC 49, the proposed cross-section is a four-lane highway with a 12-foot inside and 14-foot outside travel lane in each direction (See Figure 3). Each travel direction will be divided by a 20-foot raised median. Curb and gutter and an 8-foot berm will be utilized adjacent to the outside edge of pavement. 4. Proposed Right-of-Way Width and Access Control From SR 2681 to US 29, the proposed right-of-way is 120 feet, plus any additional temporary easements. From US 29 to NC 499 100 feet of right-of-way is required. The realigned sections of Concord Road and "old" Mallard Creek Church Road require a minimum of 60 feet of right-of-way. Widening will not occur symmetrically, due to the existing poor horizontal alignment of Mallard Creek Church Road. At certain locations, the proposed cross-section is to be built on new location. No control of access is recommended. The Mecklenburg County Parks and Recreation Department has suggested that right-of-way from the Department's lands adjacent to Mallard Creek may be dedicated to NCDOT in return for construction of a bicycle underpass under the replacement bridge which will carry Mallard Creek Church Road over Mallard Creek. NCDOT is currently working on a cost estimate for the underpass, however the final cost may not be available until later in the design phase. Cost-sharing may be addressed later, at which time any dedicated right-of-way will be considered. 10 Construction of the bicycle underpass is not to be confused with the separate construction of a bicycle "boardwalk" and bicycle/ pedestrian bridge over Mallard Creek, in the two wetland mitigation sites adjacent to Mallard Creek. Per March 3, 1994 Agreement, NCDOT previously agreed to build a wooden boardwalk for Mecklenburg County in return for use of those mitigation areas (TIP Project R-211 DA). 5. Required Structures Existing Bridge No. 84 was designed using a design loading standard which does not meet the current minimum standards required by North Carolina policy. Therefore, replacement of the existing bridge is recommended because it is not feasible to increase the strength of an existing prestressed concrete cored slab bridge. Bridge No. 84 is to be replaced with an approximate 180-foot bridge at the same general location as the existing bridge. The replacement bridge deck elevation (and approaches) may be raised above the existing elevation, to reduce the magnitude of a "sag" vertical curve from US 29 to the bridge to SR 2834. Also, to accommodate a bicycle underpass, the replacement bridge deck may have to be 3-4 feet higher than the existing bridge deck. The new bridge must have adequate roadway clearance to accommodate the proposed cross-section. Sidewalks are to be installed on both sides of the bridge. As a part of this project, NCDOT wishes to incorporate the proposed Mallard Creek Greenway. The proposed Greenway intersects Mallard Creek Church Road on the west side of Mallard Creek. NCDOT is committed to further coordination with the Mecklenburg Parks and Recreation Department to produce a bridge design which provides adequate clearances for a bicycle underpass. This underpass will continue the Mallard Creek Greenway system under Mallard Creek Church Road. The underpass should meet current AASHTO criteria, with a minimum pavement width of 10 feet. Desired vertical clearance is 10 feet, to permit passage of maintenance vehicles. Vertical clearance may be less, however, if the 10-foot requirement causes the bridge deck elevation to be raised in excess of 4 feet higher than the existing bridge deck elevation. Cost estimates will not be finalized until later design phases, at which time cost-sharing can be addressed. The Mecklenburg County Parks and Recreation Department would be responsible for maintenance of the underpass area. 6. Design Speed Recommended design speed for this facility is 50 miles per hour. This is due to the urban nature of the proposed curb and gutter section and the rolling terrain along the project. The posted speed limit is expected to be 45 miles per hour. 11 7. Permits A predischarge notification is required for the bridge over Mallard Creek. This will alert the US Army Corps of Engineers so that they may determine the need for an Individual Section 404 permit for this structure. It is anticipated that the Nationwide Section 404 permit provisions of 33 CFR 330.5 (a) (14) are applicable in other areas. The conditions and best management practices described in the provisions of 330.5(b) and 330.6 will be followed. This project will also require a general 401 Water Quality Certification from NCDEHNR prior to the Corps of Engineers issuance of a Section 404 permit. 8. Proposed Intersection Treatments All roadway intersections will be at-grade and stop sign controlled, with the exception of US 29 and NC 49. The signal controls and lane configurations at these intersections will be revised to accommodate new traffic patterns. During the design phase, NCDOT will study these intersections in greater detail, and may modify the recommendations presented in this document. Capacity analysis at the US 29 intersection indicates the need for several turning lanes in addition to the proposed improvement. The recommended configuration is: East and westbound approaches of Mallard Creek Church Road will require two through lanes, two dedicated left-turn lanes, and one dedicated right-turn lane. In addition to existing through lanes, north and southbound US 29 approaches will require one dedicated left-turn lane and one dedicated right-turn lane. At the new NC 49 intersection with Mallard Creek Church Road extension, capacity analysis indicates the need for several turning lanes in addition to the proposed improvement. The recommended configuration is: The eastbound approach of Mallard Creek Church Road will require one through lane, two dedicated left-turn lanes, and one dedicated right-turn lane. The westbound approach of Old Concord Road will require two through lanes, one dedicated left-turn lane, and one dedicated right-turn lane. In addition to existing (and proposed) through lanes, the northbound approach of NC 49 will require two dedicated left-turn lanes and one dedicated right-turn lane, while the southbound approach of NC 49 will require two dedicated left-turn lanes and one dedicated right-turn lane. To accommodate the two left-turn lanes from southbound NC 49, eastbound Old Concord Road will be widened to two through-lanes for a distance of approximately 450 feet, with an additional taper/merge section of approximately 500 feet. A new intersection is formed where the "old" section of Mallard Creek Church Road will be realigned to tee into the extension of Mallard Creek Church Road. At this intersection, a dedicated right-turn lane is recommended on the westbound approach of the Mallard Creek Church Road extension. Also, a dedicated left-turn 12 lane and a dedicated right-turn lane are recommended on the northbound approach of the "old" section of Mallard Creek Church Road. As traffic volumes increase, a spot improvement should be considered at this intersection. A traffic signal and additional turning lanes may be needed. Signalization may be required as a result of more detailed study during the design phase of this project. Improvements to all intersections on NC 49 should be coordinated with TIP Project R-2215, which addresses the widening of NC 49. This coordination holds special significance with regard to the existing intersection of NC 49 and the "old" section of Mallard Creek Church Road. This intersection may require improvements in conjunction with project U-2508, or in the future. In particular, a dedicated through lane, dedicated left-turn lane, and dedicated right-turn lane may be required on the westbound approach of "old" Mallard Creek Church Road. It may be possible to coordinate these improvements as part of the R-2215 widening. At a minimum, the intersection will be studied further during the design phase. 9. Bicycle Transportation Facilities Due to project proximity to the University of North Carolina at Charlotte, bicycles are recognized as an important mode of transportation. From SR 2681 to US 29, the proposed 6-foot paved width of the roadway shoulder will accommodate bicycle traffic. From US 29 to NC 49, the recommended 14-foot outside lane in each travel direction.will accommodate bicycle traffic. As a result of the wetland impacts of project R-211 DA (the Southern Charlotte Outer Loop), and per March 2, 1994 Agreement, NCDOT has negotiated with Mecklenburg County to use two sites adjacent to Mallard Creek for wetland mitigation (See Figure 4). One site is located on the southwest side of Mallard Creek Church Road and to the west of Mallard Creek. The second site is located northeast of Mallard Creek Church Road and east of Mallard Creek. To obtain use of these lands, NCDOT committed to construct a wooden boardwalk facility in the wetland sites. This boardwalk is a continuation of the Mecklenburg County Greenway System. NCDOT also committed to construct a bicycle/pedestrian bridge across Mallard Creek, close to the parking lot for the Mecklenburg County Parks and Recreation Department athletic fields. Mecklenburg County is responsible for maintenance of these facilities. In addition, NCDOT is presently evaluating cost estimates for a bicycle underpass which will carry bicycle traffic under the northwest side of the replacement bridge over Mallard Creek. This underpass will connect the bicycle boardwalk areas which run parallel to Mallard Creek. Depending on cost, this underpass may be presented as a cost-share proposal to the City of Charlotte. 13 10. Pedestrian Facilities A college campus is expected to generate pedestrian traffic, and UNCC is no exception. The University Terrace Condominiums are sited across Mallard Creek Church Road from the UNCC campus. Presently there are additional condominiums under construction in this area (See Figure 4). Between UNCC and these condominiums, existing Mallard Creek Church Road is not recommended for widening. Therefore, condominium residents desiring to walk to UNCC will cross the "old" Mallard Creek Church Road, which will remain a two-lane roadway. The proposed extension of Mallard Creek Church Road passes on the north side of University Terrace Condominiums (See Figure 4). However, future residential development linked to the university will likely create pedestrian traffic along the new location section of Mallard Creek Church Road. NCDOT recognizes there are certain situations in which pedestrian facilities provide significant benefits to a community. Resultantly, NCDOT sees a strong need for alternative modes of travel in the UNCC vicinity. This project is ,special with regard-to its proximity to a university campus. The Charlotte - Mecklenburg Planning Commission has requested sidewalks for the project (Appendix D). According to the 1994 NCDOT Pedestrian Policy, NCDOT may share 50% of the cost with a municipality with a population over 100,000. It is therefore recommended that NCDOT participate with the City of Charlotte on a cost-share basis to provide a pedestrian facility on Mallard Creek Church Road, from US 29 to NC 49: It is recommended this sidewalk be constructed on the southwest side of Mallard Creek Church Road. The estimated construction cost of this improvement is $140,000. Therefore, the cost to the City of Charlotte is estimated at $70,000. If additional sidewalk provisions are desired by the City of Charlotte, then a justification must be submitted to NCDOT (in accordance with the 1994 NCDOT Pedestrian Policy). This justification must be received by February, 1995. The municipal agreement for cost-sharing will be executed during later preconstruction stages in this project. In addition, the replacement bridge for Bridge Number 84 (carrying Mallard Creek Church Road over Mallard Creek) is to have sidewalks constructed on both sides of the bridge deck. Pedestrians traveling from SR 2681 to US 29 can walk on the shoulders of the proposed 4-lane shoulder cross-section. 14 III. ALTERNATIVES CONSIDERED A. Other Widening Alternatives 1. Alignment to Avoid Use of Section 4(f) Resources In addition to-the recommended improvements, consideration was given to an alignment which avoids taking any land from the Alexander House property and from the UNCC District Park (See Figure 6). As discussed later in the Cultural Resources section of this document, the Alexander property is considered eligible for the National Register of Historic Places. The Alexander property is located in the northwest quadrant of the intersection of Mallard Creek Church Road and US 29, while the UNCC District Park is located in the northeast quadrant. To avoid taking lands from these properties, an alignment was studied which widens asymmetrically to the opposite side of Mallard Creek Church Road. To accomplish this, the avoidance alternative veers southward from the recommended alternative. However, the impacts of this avoidance alternative are considered to be of extraordinary magnitude. The Section 4(f) Resources section of this document describes the factors contributing to the non-selection of the avoidance alternative. The avoidance alternative causes the taking of approximately 0.4 acre of land from an existing wetland mitigation area, as opposed to no taking of land for the recommended alternative. This alternative would also necessitate the relocation of 35 additional residences, and would considerably increase right-of-way cost. 2. Widen Existing Mallard Creek Church Road from SR 2834 to NC 49 NCDOT also studied the widening of existing Mallard Creek Church Road from SR 2834 to NC 49. Several factors contributed to the non-selection of this alternative. The existing horizontal curvature is poor, with several reverse curves. Two sharp, reverse curves, are located between the University Terrace Condominiums and the entrance'to UNCC. To remedy this problem, the studied alignment straightened this section of Mallard Creek Church Road by going on new location. An alignment on new location caused three relocations, and used a portion of UNCC lands which may be needed for later expansion (UNCC is currently developing a university Master Plan). Widening Mallard Creek Church Road in this section will also pose increased risk to bicyclists and pedestrians accessing UNCC, and will decrease accessibility to traffic. In addition, widening this section does not further the long-range thoroughfare plan. 15 B. Public Transportation Alternative While a considerable portion of the traffic on Mallard Creek Church Road is local traffic, residential densities are low enough that providing some form of public transportation would not be a feasible alternative to improving the subject roadway. Public transportation is not a viable substitute for widening this road. Public bus transportation would be a likely supplement to improving the existing facility, thus extending the useful life of the upgraded facility. C. "No-Build" Alternative If the "no-build" alternative were chosen, it would have a considerable negative impact on transportation in the northeast Charlotte area. Mallard Creek Church Road is a highly congested facility at present, especially during peak periods. With increases in traffic, the service provided by the existing facility would deteriorate even more. Increased congestion would lead to higher operating costs and increased travel times. Motorist safety would also be sacrificed leading to even greater losses due to accidents and deaths. Therefore, the "no-build" alternative has been rejected. IV. SOCIAL, ECONOMIC, AND ENVIRONMENTAL IMPACTS A. Land Use Planning The proposed improvement is located within both the municipal limits and extraterritorial jurisdiction of the City of Charlotte. Planning and zoning functions are administered by the joint Charlotte-Mecklenburg Planning Commission. The City Council and County Commissioners adopted the Generalized Land Plan: 2005 in 1985, a strategic plan designed to influence growth and ed el-opment decisions throughout the county. A series of more detailed district plans based on the Generalized Land Plan have also been adopted. These plans direct the zoning an other regulatory functions of the city and county. The project area is addressed in the Northeast District Plan, which was adopted in 1990. Other planning documents effecting the project area include the Greenwa s Master Plan updated in 1990, the Charlotte-Mecklenbur Parks Master Pan 1989 , t e Final Report of the Greenwa Site Selection Commi ttee71980) , and the Ctrl otte Urbanized Area T orough are Pan, adopted in 1988. 1. Existing Land Use The project area includes a variety of land uses. The largest institutional use is the University of North Carolina at Charlotte (UNCC) campus, located at NC 49 and Mallard Creek Church Road. A Charlotte-Mecklenburg County District Park is located at the intersection of US 29 and Mallard Creek Church Road. The park is still being developed, and its current primary use is organized soccer. 16 Recent residential development has been triggered by the growth of the UNCC campus. Housing of varying densities is accessible from Mallard Creek Church Road, and includes the Alexander Glen and Mallard Green Apartments, and University Terrace condominiums, all near UNCC. Additional single family homes of varying age front Mallard Creek Church Road, some associated with small farms. Commercial development in the project area is limited to service stations at the intersections of Mallard Creek Church Road and NC 49 and US 29. The only industrial use in the area is a Martin-Marietta stone quarry. A significant portion of the land in the project vicinity remains undeveloped. 2. Existing Zoning Most of the undeveloped land between I-85 and US 29 is zoned for single family residential development, although at least one multi-family zoning district is located in the area. The land on each side of Mallard Creek Church Road from NC 49 to US 29, excluding existing residential areas, is zoned for institutional uses, and includes the UNCC campus. However, the Northeast District Plan (discussed in more detail below) recommends sere eso`„corrective rezonings" for the north side of Mallard Creek Church Road. The rezonings would change some of the currently zoned Institutional Districts to residential districts. One such rezoning is currently being considered. A rezoning petition requesting a change from Institutional to R-12MFCD (multi-family residential) has been proposed near the UNCC campus on the north side of Mallard Creek Church Road. Several business zoning districts are located at the intersections of Mallard Creek Church Road with NC 49 and US 29, as well as some districts permitting office and institutional development at varying densities. 3. Future Land Use According to the Northeast District Plan the area roughly bounded by Cabarrus County, I-17, an P aza Roa to the south, is one of the fastest growing portions of Mecklenburg County. The plan states that the district's 1987 population of 42,746 will double by 2005, and employment in the area will increase by 131% from 14,084 (1985) to 32,560 jobs by 2005. Driving forces behind the rapid growth include UNCC, the University Research Park, University Place, and the expansion of sewer lines and wastewater treatment facilities in the district. The plan recommends that the University Research Park boundaries be expanded north of Mallard Creek Church Road and east to I-85. The Research Park is currently a 2,700 acre area zoned for institutional and research uses. 17 University Place is a large mixed use development located in the Harris Boulevard vicinity. While University Place is not immediately located in the project area, its expected employment base, along with University Research Park, will increase pressure for residential and supporting commercial development in the Northeast District. Other proposed land uses in the area include a "neighborhood" commercial center at the intersection of US 29 and Mallard Creek Church Road and multi-family development in the UNCC vicinity. Infrastructure improvements for the area include the expansion of the Mallard Creek Wastewater Treatment Plant and the construction of sewer lines in the Mallard Creek Basin which will serve most of the district. Located on the north side of Mallard Creek Church Road near UNCC, one of the most important issues facing the district is the lack of existing roadway capacity to accommodate the rapid growth. Bicycle traffic is expected to be significant along Mallard Creek Church Road, due to its proximity to UNCC and the residential development occurring in the general area. 4. Parks and Greenwavs The Charlotte-Mecklenburg Parks and Recreation Department plans to expand the UNCC District Park, located at US 29 and Mallard Creek Church Road, from its current 36 acres to a total of 100 acres. As with other district parks in Mecklenburg County, the UNCC District Park will feature active recreational opportunities, such as playgrounds, basketball courts, picnic facilities and nature trails. Mallard Creek Church Road crosses the proposed Mallard Creek Greenway near US 29. The proposed greenway, which will be developed by the Charlotte-Mecklenburg County Parks and Recreation Department, will provide direct access to the UNCC District Park from UNCC and neighborhoods to the west. The Greenway will connect with the Toby Creek Greenway to the south. A portion of the Mallard Creek Greenway has already been developed in the vicinity of Mallard Creek Church Road. The new structure over Mallard Creek and the greenway should be designed to AASHTO standards for accommodation of bicycles, both on the bridge and in the underpass area. The proposed Mallard Creek Greenway is a separate entity from the UNCC district park adjacent to Mallard Creek Church Road. 5. Project Consistency with Local Plans The project is consistent with local development plans for the general area. The projected rapid growth in both population and. employment in the Northeast District of Mecklenburg County will require significant improvements to the existing roadway system. The County's Generalized Land Plan: 2005 identifies improvements to Mallard Creek Chu rch Road as a '`iorst-range strategy" for the Northeast District. The Plan states that improvements to the road are needed to provide better access to University Place and UNCC. 18 6. Farmland The Farmland Protection Policy Act requires all federal agencies or their representatives to consider the impact of land acquisition and construction projects on prime and important farmland soils. These soils are designated by the US Soil Conservation Service, based on crop yield and other factors. Land that has been developed, or is planned for urban development through the local government's planning and zoning authority is exempt from consideration under the Act. The project vicinity meets this condition for planned urbanization, as documented in the Generalized Land Plan: 2005 and the county zoning ordinance.. Therefore, no urtTer consideration of farmland impacts is required. B. Social and Economic Environment 1. Neighborhood Characteristic The proposed project is located partly within the Charlotte corporate boundary, and partly in Mecklenburg County. Charlotte is the county seat for Mecklenburg County, and is currently the largest metropolitan area in North Carolina. Per the 1990 US Census, Charlotte has a population of.395,934, and Mecklenburg County has a population of 511,433. Proceeding in an easterly direction from Interstate 85 to US 299 Mallard Creek Church Road passes first through a residential section consisting of several large homes along SR 2681. These homes are set back from the highway facility, and will not be affected by the improvement. East of this small residential section, Mallard Creek Church Road passes adjacent to several small homes before curving to the south and back again to the north. Because the proposed action straightens this section of roadway by realigning onto new location, some dwellings may be relocated. Just prior to reaching US 29, the proposed alignment will take lands on the south side of Mallard Creek Church Road. This taking will impact a small pond and land where a slight amount of illegal dumping (appliances and furniture) has occurred. Proceeding from US 29 toward NC 49, a Citgo Service Station is located in the northeast quadrant of the US 29 and Mallard Creek Church Road intersection. Immediately adjacent to Citgo are two Mecklenburg County Parks and Recreation Department athletic fields, used primarily for soccer. After Mallard Creek Church Road crosses _ Mallard Creek, the Alexander Glen Apartments, Alexander Glen subdivision, and Craven Croft subdivision are on the south side of the roadway. An access road to.the Martin Marietta Quarry and Rea Construction Company is located on the north side of Mallard Creek Church Road, immediately across from SR 4671. After passing SR 2834 (Mary Alexander Road), the Mallard Green Apartments and Psi Delta Fraternity are located on the south side of Mallard Creek Church Road. Psi Delta owns a tennis court near the intersection with 19 SR 2834, however it is not anticipated the court will be impacted by the proposed project. From SR 4671 toward the Psi Delta Fraternity, three residences are sited on the north side of Mallard Creek Church Road. Approximately 3000 feet west of NC 49, three individual residences are located on the south side of the roadway. Two entrances to UNCC and UNCC parking lots are located between these homes and NC 49. University Terrace Condominiums are located on the north side of Mallard Creek Church Road, with an access point approximately 2,500 feet west of NC 49. A BP station is located in the northwest quadrant of the NC 49 intersection with Mallard Creek Church Road. 2. Economic Factors The proposed widening of Mallard Creek Church Road will likely increase the tax base along the existing highway corridor. Improved safety and convenience for motorists will increase commercial activities in the area. Also, it can be assumed that some portions of the labor force and construction materials will originate from Charlotte and Mecklenburg County, somewhat increasing local commerce for the project duration. 3. Public Facilities and Services Public Facilities along the proposed project consist of the Mecklenburg County Parks and Recreation athletic fields adjacent to Mallard Creek. Additionally, the Mallard Creek Greenway is proposed. The proposed action will take a small amount of land from the Mecklenburg County Parks and Recreation Department, on the north side of Mallard Creek Church Road in the vicinity of the athletic fields and on the east side of Mallard Creek. If an alignment were chosen which totally missed taking this land, the resulting roadway would take many homes and two apartment buildings, increase project cost, and increase the acreage of land taken from a wetland mitigation area on the other side of Mallard Creek Church Road. These consequences combine to cause an impact of extraordinary magnitude. Fortunately, Mecklenburg County plans already incorporate the widening of Mallard Creek Church Road. The parklands that will be taken are insignificant to the purpose or function of the park, and do not affect access to or from existing or future facilities. To address the issue of taking these lands, a Section 4(f) Programmatic Evaluation is included in Appendix B. 4. Probable Impacts of the Proposed Action a. Relocation Impacts It is anticipated that the proposed action will cause the relocation of 5 residences. Other residences may receive proximity damage due to the proposed improvements. These relocations are not expected to cause the breakup of a community, nor the disruption of services. It is anticipated 20 that adequate replacement properties will be available for the relocatees. All relocations will be in accordance with the revised North Carolina General Statutes Chapter 133. A relocation report is included in Appendix D to this document. It is the policy of the NCDOT to ensure that comparable replacement housing will be 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. With the Relocation Assistance Program, experienced NCDOT staff will be available to assist displacees with information such as availability and prices of homes, apartments, or businesses for sale or rent and financing of other housing programs. The Relocation Moving Payments Program, in general, provides for payment of actual moving expenses encountered in relocation. Where displacement will force an owner or tenant to purchase or rent property of higher cost or to lose a favorable financing arrangement (in cases of ownership), the Relocation Replacement Housing Payments or Rent Supplement Program will compensate up to $22,500 to owners who are eligible and qualify and up to $5,250 to tenants who are eligible and qualify. The relocation program for the proposed action 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 program is designed to provide assistance to displaced persons in relocating to a replacement site in which to live or do business. At least one relocation officer is assigned to each highway project for this purpose. The relocation officer will determine the needs of displaced families, individuals, businesses, non-profit organizations, and farm operations for relocation assistance advisory services without regard to race, color, religion, sex, or national origin. The NCDOT will schedule its work to allow ample time, prior to displacement, for negotiations, and possession of replacement housing which meets decent, safe, and sanitary standards. The displacees are given at least a 90-day written notice after NCDOT.purchases the property. Relocation of displaced persons will be offered in areas not generally less desirable in regard to public utilities and commercial facilities. Rent and sale prices of replacement property will be within the financial means of the families and individuals displaced and will be reasonably accessible to their places of employment. The relocation officer will also assist owners of displaced businesses, non-profit organization, and farm operations in searching for and moving to replacement property. 21 All tenant and owner residential occupants who may be displaced will receive an explanation regarding all available options, such as .(1) purchase of replacement housing, (2) rental of replacement housing, either private or public, or (3) moving existing owner-occupant housing to another site (if possible). The relocation officer will also supply information concerning other state or federal programs offering assistance to displaced persons and will provide other advisory services as needed in order to minimize hardships to displaced persons in adjusting to a new location. The Moving Expense Payments Program is designed to compensate the displacee for the costs of moving personal property from homes, businesses, non-profit organizations, and farm operations acquired for a highway project. Under the Replacement Program for Owners, NCDOT will participate in reasonable incidental purchase payments for replacement dwellings such as attorney's fees, surveys, appraisals, and other closing costs and, if applicable, make a payment for any increased interest expenses for replacement dwellings. Reimbursement to owner-occupants for replacement housing payments, increase interest payments, and incidental purchase expenses may not exceed $22,500 (combined total), except under the Last Resort Housing provision. A displaced tenant may be eligible to receive a payment, not to exceed $5,250, to rent a replacement dwelling or to make a down payment, including incidental expenses, on the purchase of a replacement dwelling. The down payment is based upon what the State determines is required when the rent supplement exceeds $5,250. It is a policy of the State that no person will be displaced by the NCDOT's state or federally-assisted construction projects unless or until comparable or adequate replacement housing has been offered or provided for each displacee within a reasonable period of time prior to displacement. No relocation payment received will be considered as income for the purposes of the Internal Revenue Code of 1954 or for the purposes of determining eligibility or the extent of eligibility of any person for assistance under the Social Security Act or any other federal law. Last Resort Housing is a program used when comparable replacement housing is not available, or when it is unavailable within the displacee's financial means, and the replacement payment exceeds the federal/state legal limitation. The purpose of the program is to allow broad latitudes in methods of implementation by the State so that decent, safe, and sanitary replacement housing can be provided. It is not felt that this program will be necessary on the project, since there appears to be adequate opportunities for relocation within the area. 22 b. Social Impacts The proposed action will have a positive impact on the community as a whole. Such positive impacts will include: increased safety and convenience for the motoring public, improved visibility and accessibility for various businesses and services along the proposed facility, and improved response time for emergency vehicles. The proposed action will not disrupt community cohesion, and it will not interfere with the accessibility of public facilities or services. C. Section 4(f) Resources This project necessitates the use of a minor amount of land from 1) the UNCC District Park belonging to the Mecklenburg County Parks and Recreation Department, and 2) from the Alexander property, a property which is considered eligible for the National Register of Historic Places (See Figure 4). Both properties are adjacent to the existing roadway. Since the minor use of this land meets the criteria set forth in the Federal Register (December 23, 1986), a programmatic Section 4(f) evaluation satisfies the requirements of Section 4(f) of the Department of Transportation Act of 1966. Programmatic Section 4(f) Evaluations are provided in Appendix B. The following alternatives, which avoid use of the park and historic site, have fully been evaluated: 1) Do Nothing. 2) Widen the highway without using land from the park or the historic site. 3) Build the improved facility on new location without using land from the park or the historic site. These alternatives were not found to be feasible and prudent. Building an improved facility on new location without using land from the park of the historic site does not satisfy the needs of the project, and introduces significant additional cost. In addition, the layout of the UNCC District Park and the Alexander property would force a new location alternative well to the north of the existing project location. A widening alternative was studied which entirely misses the Alexander property and the UNCC District Park (See Figure 6). The alternative widens Mallard Creek Church Road to the opposite side from these properties. This alternative was not found to be feasible and prudent for the following reasons: 1. The alignment results in the removal of several apartments and homes, resulting in the relocation of 35 additional residences. this is an extraordinary amount of upheaval to a community. 23 2. The alignment results in the destruction of approximately 0.4 acre of an existing wetland mitigation area that has been approved by the U.S. Army Corps of Engineers. The recommended alternative does not impact the wetlands. 3. The alignment will remove a pond which is located across Mallard Creek Church Road from the Alexander property. 4. The avoidance alternative will cost $530,000 more than the recommended alternative. 5. The avoidance alignment causes a curved approach to the US 29 intersection, thereby increasing the chance for accidents to occur. 6. The recommended alternative would be closer to the remaining homes and apartments along Mallard Creek Church Road (between Mallard Creek and SR 2834) that it did not relocate. All planning to minimize harm to the park and to the historic property has been performed as an integral part of this project. The officials having jurisdiction over these Section 4(f) properties have agreed, in writing, with the assessment of impacts resulting from the use of the properties and with the mitigation measures to be provided. This project has been coordinated with the State Historic Preservation Officer(SHPO), whose correspondence is attached to this document. The SHPO has concurred that this project, as proposed, has no adverse effect on the Alexander property. Measures to minimize harm to the Alexander property include the following: 1. In the vicinity of the W.T. Alexander House, NCDOT has agreed to .landscape the grassed median with wax myrtles, forsythia, and/or scotch broom. NCDOT will also plant a screen of trees and shrubs on the north side of SR 2472 at areas where no landscape buffer currently exists. Prior to the initiation of construction, NCDOT shall submit the landscaping plan to the State Historic Preservation Office for review and comment. 2. In the vicinity of the W.T. Alexander House, NCDOT will minimize the clearing of trees in the right-of-way. Widening Mallard Creek Church Road will not use land from any area of the UNCC District Park which is used for activities, ie, the athletic fields or parking. However, access to the park is still a concern. Therefore, measures to minimize harm include the following: 1. During construction, traffic control measures will be taken to prevent interference with access to or operations of the soccer fields belonging to the Mecklenburg County Parks and Recreation Department. Any areas of the park that are disturbed by construction will be restored and landscaped. 24 The recommended alignment is actually a compromise. It is not the geometrically-preferred alignment. However, NCDOT discovered the Alexander property and the UNCC District Park early in the planning process. In an effort to preserve the properties and to minimize damage, NCDOT shifted its original, preferred alignment to the south, to what is now the recommended alignment. The recommended alignment cannot be shifted any further to the south for the reasons stated in evaluating the avoidance alternative. The recommended alignment is estimated to acquire approximately 0.13 acre of the approximate 1.61 acres of the Alexander property, representing 1.9% of the area. However, the sliver of land that will be taken does not have significance in its own right. Rather, the "neck" of land that extends to Mallard Creek Church Road was included in the boundary description to assure access to the roadway. The loss of a small portion of land from that access area will not affect the architectural characteristics that qualify the Alexander House for the National Register of Historic Places, nor will the loss of land be visible from the house (See Figure 6 and the property boundary map in Appendix A). D. Cultural Resources 1. Architectural Resources This project is subject to compliance with Section 106 of the Historic Preservation Act of 1966 as amended, and the Regulations of the Advisory Council on Historic Preservation Governing the Section 106 Review Process, codified at 36 CFR Part 800. It is also subject to compliance with Section 4(f) of the Department of Transportation Act of 1966, as amended. In response to project information received from the State Clearinghouse, the North Carolina State Historic Preservation Office (SHPO) searched their files and maps, located one property of historical and architectural importance within the general project area, the W.T. Alexander House, and notified NCDOT of their findings. Background information on the Alexander House was obtained from the Charlotte-Mecklenburg County Historic Landmarks Commission. A NCDOT staff architectural historian surveyed 100 percent of the project area in May, 1993, and again in July, 1994. Five properties over fifty years old were identified within the APE of the proposed new extension of Mallard Creek Church Road: the Roland House, Back Creek Parsonage, Back Creek School, Helms House, and Back Creek Associate Reform Presbyterian Church and Cemetery. These properties, however, were previously evaluated as part of TIP Project R-2215, the widening of NC 49 from UNCC to Harrisburg, North Carolina. As letters from the Department of Cultural Resources attest, none of these structures.or sites are considered eligible for the National Register of Historic Places. Two properties over fifty years old were identified within the APE of existing Mallard Creek Church Road: a circa 1930 one-story, frame, gable-front bungalow dwelling and the W.T. Alexander House previously identified by SHPO. The former is a commonplace example 25 of a type prevalent through-out the state and is therefore not considered potentially eligible for the National Register. The latter was designated a local historic landmark by the Charlotte-Mecklenburg County Historic Landmarks Commission in 1970 and is evaluated in more detail below. The W.T. Alexander House is a two-story, single-pile, three-bay, Flemish bond, brick Federal dwelling with a one-story, frame side ell and one-story, frame rear shed. The rear shed and side additions were built later than the house; the side addition has a relatively low, step-down, single-shoulder brick chimney. At the time of the site visit by NCDOT staff, there were three associated outbuildings: a 1936 frame and stone two-story garage, now used as an apartment and garage: a small, frame, side-gable building (originally a well shelter) immediately behind the house, which appears to have been altered with wide synthetic siding: and a large, frame, weatherboard-sheathed, 'gable-front bank barn, c.1920-25. The Alexander family does not intend to maintain the barn. The house is located at the end of a long drive, at a right angle to Mallard Creek Church Road (See Appendix A). The Alexander House has retained a high degree of integrity of its materials, design, workmanship, setting, location, feeling, and association. The outbuildings associated with it retain a much lower degree of integrity. The plantation house is described by the Charlotte-Mecklenburg Historic Landmarks Commission as one of the finer extant Federal style plantation houses in Mecklenburg County. The Alexander House is considered potentially eligible for the National Register. Proposed boundaries for potential National Register eligibility are shown on the property boundary map in Appendix A. The boundaries include the plantation house, the well house, and the tax parcel they occupy, with the addition that the western boundary should encompass all of the driveway to the house. It is the opinion of NCDOT, FHWA, the State Historic Preservation Office, and the Advisory Council for Historic Preservation, that the proposed project will have no adverse effect on the Alexander House. The amount of land involved is small and far enough removed from the house that the project's impact will be negligible. In order to minimize effect on the property, NCDOT has committed to the measures discussed in the previous Section 4(f) Resources. The Section 4(f) Resources section of this document discusses the impacts associated with total avoidance of the Alexander property. Appendix B contains a Programmatic Section 4(f) Evaluation 26 which addresses the impact of the proposed project on the W.T. Alexander property. Because the avoidance alternative causes impacts of extraordinary magnitude, the recommended alternative is justified in taking a slight amount of land from the Alexander property. 2. Archaeological Resources NCDOT archaeologists conducted a survey in March, 1993, and August, 1994, to locate and evaluate archaeological resources in the project impact area in accordance with FHWA procedures for compliance with historic preservation legislation. A brief reconnaissance inspection of the entire project was followed by a pedestrian survey of all areas with potential for significant archaeological sites. Subsurface testing was conducted in areas of low ground surface visibility. Since the project is along an established highway, much of the corridor is developed or has at some time in the recent past been affected by residential or commercial development. During the intensive survey of approximately 1.0 mile of the 2.2 mile project, four previously unrecorded prehistoric archaeological sites were found and two previously recorded sites were investigated. None of these sites appear eligible for the National Register, and the State Historic Preservation Officer has concurred with this finding (See SHPO letter in Appendix D). Since the project a! any archaeological sites the National Register of work is recommended. E. Natural Resources currently planned will have no effects on that are on or are eligible for listing on Historic Places, no further archaeological The project study area lies in Mecklenburg County in the south-central part of the Piedmont Physiographic Province. General field surveys were conducted along the proposed project corridor by NCDOT biologists on October 5, 1993 and on September 9, 1994. Plant communities and their associated wildlife were identified and recorded. Wildlife was identified using a variety of observation techniques: active searching and capture including hand held dipnet, visual observations (binoculars), and identifying characteristic signs of wildlife (sounds, scat, tracks, and burrows). Information sources used in this investigation include; U.S. Geodetic Survey (USGS) quadrangle map of Harrisburg, National Wetland Inventory Map (NWI) of Harrisburg, NCDOT aerial photographs of project area (1:2400), Soil Conservation Service (SCS) soil maps, Fish and Wildlife Service (FWS) list of protected and candidate species, and N.C. Natural Heritage Program (NHP) database of uncommon and protected species and unique habitats. Research using these resources was conducted prior to field investigations taking place. 27 Mecklenburg County is characterized by broad, gently rolling interstream areas and by steeper slopes along the drainageways. Uplands are generally level along Mallard Creek and become more rolling away from the creeks flood plain. 1. Water Resources The proposed project lies within the Yadkin-Pee Dee River Basin. Water flow is generally from southwest to northeast and bottom composition is primarily sand and clay sediments which are a result of heavy erosion along the creek banks. Exposed rock outcrops as well as leaf litter zones are also present in scattered locations along Mallard Creek. Creek banks are steep 3.0 m to 3.6 m (10 to 12 ft high) and scarped. Width ranges from 2.5 to 6.0 m (8 to 20 ft) while depth ranges from 0.1 to 0.6 m (0.5 to 2 ft) in deeper holes. One impounded area (pond) is located on the south side of Mallard Creek Church Road approximately 120 m (400 ft) west of the intersection of US 29 and Mallard Creek Church Road. This pond covers approximately 0.4 ha (1 ac) and pond depth ranges from 0.6 to 2.5 m (2 to 8 ft). The substrate is composed of eroded sediments which have resulted from development practices. Mallard Creek has a best usage classification of C. Class C waters are suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. No waters classified as High Quality Waters (HQW), Outstanding Resource Waters (ORW) or waters designated as WS-1 or WS-11 will be impacted by the proposed project, nor are these resources located within 1.6 km (1 mile) of the subject area. Potential impacts to Mallard Creek include increased sedimentation from construction-re lated erosion. Poorly managed application of sedimentation control policies can result in serious damage to the aquatic environment. Increased sediment loads can cause mortality among less hardy organisms and their progeny due to associated factors such as toxic run-off, increased turbidity, reduction of dissolved oxygen content, smothering of fish eggs, clogging of gills and filter feeding organs. Sedimentation and erosion control measures will be strictly enforced during the construction stage of this project. 2. Biotic Resources The following descriptions refer to the dominant plants and animals in each community and how these biotic components relate to one another. Approximately 40 animal species were visually observed during field surveys. Complete listings of fauna which may occur in the study area can be found in one or more technical references in section 5.0 of the U-2508 Natural Resources Technical Report (available at NCDOT). 28 Man=dominated and Mixed Pine/hardwood Forest are the 2 terrestrial communities found in the subject project study area. Dominant faunal components associated with these terrestrial areas will be discussed in each community description, however many species are adapted to the entire range of habitats found along the project alignment and may not be mentioned in each community description. The man-dominated community makes up the majority of the terrestrial communities found in the project study area and includes and includes highly disturbed areas such as road shoulder, cutover, soccer field, pasture, and lawn habitats. Many plant species characteristic of the roadside are adapted to disturbed and maintained habitats. The more well-maintained (mowed) areas are dominated by fescue, Bermuda grass, plantain, and clover along with a variety of ornamental herbs, vines, shrubs and trees. Native trees, such as red maple and red cedar are also present throughout yards and lawns. Many animals present. in these disturbed habitats are opportunistic and capable of surviving on a variety of forage resources ranging from vegetation (flowers, leaves, seeds, and fruits) to animal matter (living and dead). Gray squirrel, Virginia opossum, northern cardinal, northern mockingbird, American crow, ruby-throated hummingbird, and mourning dove are examples of species attracted to lawns and gardens by the year-round feeding stations and abundance of cultivated forage items provided by humans. Six-lined racerunner, rufous-sided towhee, and several species of mice prefer the less well maintained margins or ecotones of road shoulders and lawns. Mortality among animals which migrate across roadways provides forage for opportunistic species such as turkey vulture and Virginia opossum which may in turn become fatalities and subsequently forage items themselves. Reptiles and amphibians, including toads, frogs, turtles, and snakes, may sun themselves on the roadside and even lie on the road surface at night to absorb heat. Less well maintained areas have succeeded to dense grassland and scrub\shrup stages of development. Lower growing, grassland areas are dominated by vegetation such as fescue, sericea, golden rod, mourning glory, Japanese honeysuckle, and poison ivy. Saplings and young trees such as, shortleaf pine, ash, red cedar, red maple, sweetgum, tuliptree, dogwood, redbud,.and black cherry along with smooth sumac, blackberry, and grape predominate in the scrub\shrub habitats. Kudzu is an introduced and obvious component of these ecotonal areas and is in the process of smothering out native vegetation at one location at. the northeast corner of the intersection of Mallard Creek Church Road and US 29. Many animals which use less well maintained habitats prefer dense vegetation of disturbed areas for nesting and or foraging. Some species, including the five-lined skink, eastern fence lizard, and hispid cotton rat, use brush piles, dead vegetation, and vine 29 thickets as refuge and breeding areas. Avian species found in this early successional community include red-tailed hawk, American Crow, northern bobwhite, and blue grosbeak. The mixed pine/hardwood forest is an upland community which at most locations has been heavily impacted by logging. Logging roads dissect this community which is stratified into three primary vegetational strata, including canopy, subcanopy, and shrub/vine/herb layers. The canopy is composed primarily of shortleaf pine, tuliptree, and scattered oaks. Red cedar, red maple, sweet gum, tuliptree, winged elm and black cherry dominate the subcanopy. Birds dominate these levels of vegetation while a few mammals and amphibians are also found here. Broad-winged hawk, red-bellied woodpecker, Carolina chickadee, white-breasted nuthatch, and red-eyed vireo are common. Gray treefrogs, and gray squirrel also nest and or forage in the canopy. Another canopy resident the eastern screech-owl forages on the forest floor. The shrub\vine\herb layer includes saplings of oaks as well as flowering dogwood, blackberry, broomstraw, goldenrod, rose, grape, and poison ivy. The density of vegetative cover in this layer forms many refuges for a variety of smaller animals as well as white-tailed deer. Passerine birds such as tufted titmouse, Carolina wren, black-and-white warbler and northern cardinal are present throughout this habitat. Other animals likely to be found in or beneath the shrub/vine/herb layer include slimy salamander, eastern fence lizard, copperhead, and southeastern shrew. Although discussions of aquatic resources typically address the biota of the waterbody itself, adjacent uplands tend to be integral components of water resources with which they are associated. Therefore buffers (uplands) in the immediate vicinity of aquatic communities will be included in the following discussions. A piedmont stream habitat (Mallard Creek) is crossed by the proposed project alignment. Areas associated with Mallard Creek have been deforested for development leaving a small buffer of hardwood forest approximately 6 m (20 ft) wide on either side of the creek channel. This buffer is dominated in the canopy by box elder, sycamore, ash, and black walnut. The understory contains black willow, and dogwood while the relatively sparse shrub\vine\herb layer is composed of giant cane, grape, violet and knotweed. This small buffer provides nesting and foraging habitat as well as stop over habitat for variety of birds. Northern cardinal, catbird, and Carolina wren nest and forage in the shrubs along the creek while ovenbird and Louisiana waterthrush nest and forage in leaf liter and associated vegetation. Feeding evidence on black walnuts by gray squirrel is apparent, while other evidence (gnawing marks on twig and limb segments) suggests that beaver may be present upstream of the project area. 30 Other vertebrate inhabitants of Mallard Creek include fish, amphibians, and reptiles. Fish diversity is usually related to waterbody size and thus is relatively low in Mallard Creek as compared to larger streams or rivers. Species such as sunfish and red lip shiner appear to be common inhabitants of this system. Amphibians and reptiles which may be found in and around this creek include northern dusky salamander, leopard frog, snapping turtle, and northern watersnake. Invertebrate inhabitants of Mallard Creek include species such as crayfish which scavenge on animal matter. The Asian clam is also common. These clams tend to be able to survive in water resources which have reduced water quality. A small pond will also be impacted by the proposed construction. Pond banks are vegetated by button bush and soft needle rush, and knotweed. Fish, amphibians, reptiles dominate the vertebrate component of this ponds community. Largemouth bass, other sunfish, frogs, painted turtle, snapping turtle, and northern watersnake are all likely inhabitants of the pond. Birds such as great blue heron seeks out prey along the pond banks while the belted kingfisher may forage on the ponds surface. Three intermittent piedmont stream habitats are crossed by the extension of Mallard Creek Church Road onto new location. The largest of the three streams shows evidence of sedimentation resulting from a highly erodible, surrounding landscape. Other substrate components include boulders, rock, and gravel. Flow rate was low. The remaining two intermittent streams exhibited heavy sedimentation and no flow of water. Biotic community impacts resulting from project construction are being addressed separately as terrestrial impacts and aquatic impacts. However, impacts to terrestrial communities, particularly in locations exhibiting moderate to steep slopes can result in the aquatic community receiving heavy sediment loads as a consequence of erosion. Truly natural communities are few in the project area and those communities remaining have been highly fragmented and reduced as a result of previous development. The man-dominated community component of the project area will receive the greatest impact from habitat reduction resulting in the loss and displacement of plant and animal life, regardless of which alignment is chosen. Anticipated impacts to terrestrial communities are listed by proposed alignments in Table 1. 31 Table 1. Anticipated impacts to Terrestrial Communities by Alternative (hectares\acres) Community Type * Project Alternative MD MPHF MHF Total Recommended Alt 4.9\12.0 4.0\9.9 1.7/4.3 10.6\26.2 Avoid Alex. House 8.6\21.2 3.8\9.5 1.7/4.3 10.6\26.2 11 *11 Note: MD = Man-Dominated Community MHF = Mixed Hardwood Forest Community MPHF = Mixed Pine\Hardwood Forest Community Impacts are based on 36 m (120 ft) of Right-of-Way. As mentioned previously in the water resources section, the aquatic component of the project area has already been altered by sedimentation of silts from erosion due to development. Project construction is likely to increase sediment loads in Mallard Creek and the pond. Construction-related sedimentation can be harmful to local populations of invertebrates which are important parts of the aquatic food chain. 3. Waters of the United States Wetlands and surface waters fall under "Waters of the United States" as defined in accordance with provisions of section 404 of (33 U.S.C 1344) and are regulated by the U.S. (COE). the broad category of 33 CFR 328.3 and in the Clean Water Act Army Corps of Engineers Section 404 impacts to surface waters will occur. Construction at these sites is likely to be authorized by provisions of Nationwide Permit 33 CFR 330.5 (A) 14 and 26 under Section 404 of the Clean Water Act., This permit authorizes fills for roads crossing waters of the United States. However, the Corps of Engineers has final discretionary authority. Improvements to Mallard Creek Church Road cannot be accomplished without infringing on surface waters. Surface waters associated with the subject project are Mallard Creek and a pond which is located just west of US 29 and on the south side of Mallard Creek Church Road. Mallard Creek will be bridged by a replacement structure, as discussed in the Recommended Improvements section. All efforts to minimize fill will be taken. Therefore, impacts to Mallard Creek are minimal. 32 The pond west of US 29 has a surface area of approximately 0.8 acre, and is classified as surface waters. The widening of Mallard Creek Church Road will most likely cause the draining and back-filling of the pond. No wetlands will be impacted. This project will also require a general 401 Water Quality Certification from NCDEHNR prior to the COE issuance of a Nationwide 404 permit. Section 401 of the Clean Water Act (CWA) requires that the state issue or deny water quality certification for any federally permitted or licensed activity that may result in a discharge to the waters of the United States. Since this project will likely be authorized under Nationwide Permit process, and because only impacts to surface waters will take place it is likely no mitigation will be required by the COE. A final determination regarding mitigation requirements will be made in coordination with various environmental review agencies during the final design phase of the project. It is important to note that two NCDOT wetland mitigation sites are located adjacent to the proposed project alignment. One site is located on the southwest side of Mallard Creek Church Road and to the west of Mallard Creek, and the other site is located northeast of Mallard Creek Church Road and east of Mallard Creek. The proposed alignment does not take land from these wetland mitigation sites or any other wetland. Therefore, the project does not impact any wetlands. 4. Protected Species Some populations of plants and animals have been in or are in the process of decline either due to natural forces or due to their inability to coexist with man. Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. The U.S. Fish and Wildlife Service (USFWS) lists 2 federally protected species for Mecklenburg County as of September 20, 1993. These species are Carolina hellsplitter and Schweinitz's sunflower. Carolina hellsplitter (E) BIOLOGICAL CONCLUSION: NO EFFECT A June 24, 1992 memorandum from North Carolina Wildlife Resources Commission states that NCWRC biologist John Alderman conducted mussel surveys in water resources associated with the project area and found poor water quality and no fresh water mussels. Therefore, no impacts to the Carolina hellsplitter will result from project construction. 33 Schweinitz's sunflower (E) BIOLOGICAL CONCLUSION: NO EFFECT A plant-by-plant survey was conducted October 5, 1993, and on September 9, 19949 Helianthus species were present in suitable the project ROW. No sunflower species were ROW, therefore it can be concluded that the impact Schweinitz's sunflower. 5. Federal Candidate Species by NCDOT biologists on to determine if_any habitat associated with found along the project subject project will not Federal Candidate species 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. Four federal candidate species including Georgia aster, Heller's trefoil, Nestronia, and tall larkspur are listed for Mecklenburg County. Although suitable habitat for these species does occur in the study area, no specimens were found. No impacts to these species will result from proposed project construction. F. Floodplain Involvement Mecklenburg County participates in the National Flood Insurance Regular program. Mecklenburg County is included in the detailed flood study and has a regulatory floodway. The floodplain in the vicinity of the Mallard Creek Church Road crossing is wooded east of the stream. The east side of the floodplain consists of Mecklenburg County Parks and Recreation Department athletic fields on the upstream side of the crossing, and meadowlands on the downstream side. Several acres of the undeveloped areas around this crossing are anticipated to be used as wetland mitigation for TIP Project R-211, the Charlotte Outer Loop. There are no known buildings with floor elevation below the 100-year flood level in the vicinity of the bridge. The proposed roadway widening and bridge replacement will not adversely affect the existing floodplain. A local permit from Mecklenburg County will be necessary for the proposed bridge replacement at Mallard Creek. The Hydraulic Design Unit will coordinate with Mecklenburg County authorities during final hydraulic design to ensure their concerns are appropriately addressed.: Since this project is the widening of an existing roadway, no significant adverse impact,-on quality or quantity of ground water is anticipated. Siltation of adjacent areas due to project construction will be minimized with the implementation and maintenance of stringent erosion and sediment control measures. G. Highway Traffic Noise Analysis An analysis was performed to determine the effect of the proposed project on noise levels in the immediate project area. The investigation included an inventory of existing noise sensitive land uses and a field 34 survey of ambient (existing) noise levels in the study area. It also included a comparison of the predicted noise levels and the ambient noise levels to determine if traffic noise impacts can be expected resulting from the proposed project. Traffic noise impacts are determined from 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. If traffic noise impacts are predicted, examination and evaluation of alternative noise abatement measures for reducing or eliminating the noise impacts must be considered. 1. Characteristics of Noise The magnitude of noise is usually described by its sound pressure. Since the range of sound pressure varies greatly, a logarithmic scale is used to relate sound pressures to some common reference level, usually the decibel (Db). Sound pressures described in decibels are called sound pressure levels and are often defined in terms of frequency weighted scales (A, B, C, or D). The weighted-A scale approximates the frequency response of the human ear by placing most emphasis on the frequency range of 1,000 to 6,000 Hertz. Because the A-weighted scale closely describes the response of the human ear to sound, it is used almost exclusively in vehicle noise measurements. Sound levels measured using A-weighting are often expressed as DBA. Throughout this report, references will be made to DBA, which means an A-weighted decibel level. Most individuals in urbanized areas are exposed to fairly high noise levels from many sources as they go about their daily activities. The degree of disturbance or annoyance of unwanted sound depends essentially on three things: 1) the amount and nature of the intruding noise, 2) the relationship between the background noise and the intruding noise, and 3) the type of activity occurring where the noise is heard. 2. Noise Abatement Criteria In order to determine that highway noise levels are or are not compatible with various land uses, the Federal Highway Administration (FHWA) has developed noise abatement criteria and procedures to be used in the planning and design of highways (See Appendix Q. These abatement criteria and procedures are set forth in the aforementioned Federal reference (Title 23 CFR Part 772). The Leq, or equivalent sound level, is the level of constant sound which in a given situation and time period has the same energy as does time varying sound. In other words, the fluctuating sound levels of traffic noise are represented in terms of a steady noise level with the same energy content. 35 3. Ambient Noise Levels Ambient noise measurements were taken in the vicinity of the project to determine the existing background noise levels. The purpose of this noise level information was to quantify the existing acoustic environment and to provide a basis for assessing the impact of noise level increases. The ambient exterior Leq noise levels along the project ranged from 48.0 dBA on Marlynn Drive (located on the west side of NC 49, midway between Old Concord Road and Gus's Restaurant), to 64.6 dBA, which was obtained one-fifth of a mile east of US 29 on SR 2833. The calculated existing noise level along NC 49, measured 50 feet from the centerline, was determined to be 73.8 dBA using the existing roadway and traffic conditions. 4. Procedure for Predicting Future Noise Levels The procedure used to predict future noise levels in this study was the Noise Barrier Cost Reduction Procedure, STAMINA 2.0 and OPTIMA (revised March, 1983). Only preliminary alignment was available for use in the noise analysis. Existing natural or man-made barriers were included in the analysis. The roadway sections and proposed intersections were assumed to be flat and at-grade. Thus, this analysis represents "worst-case" topographic conditions. The noise predictions made in this report are highway-related noise predictions for the traffic conditions during the year being analyzed. Peak hour design and Level-of-Service (LOS) C volumes were compared, and the volumes resulting in the noisiest conditions were used with the proposed speed limits. Hence, during all other time periods, the noise levels will be no greater than those indicated in this report. The STAMINA 2.0 computer model was utilized to determine of the number of land uses (by type) which, during the peak hour in the design year, would be exposed to noise levels approaching or exceeding the FHWA noise abatement criteria and those land uses predicted to expect a substantial noise increase. 5. Traffic Noise Impact Analysis Traffic noise impacts occur when the predicted traffic noise levels either: [a] approach or exceed the FHWA noise abatement criteria (with "approach" meaning within 1 dBA of the Table N2 value), or [b] substantially exceed the existing noise levels (See Appendix Q. Consideration for noise abatement measures must be given to receptors which fall in either category. 36 Over the entire project some 53 residences (including two apartment buildings with 12 units each) and 1 business are predicted to experience noise impacts by approaching or exceeding the noise abatement criteria. Forty-seven receptors are predicted to experience a substantial increase in traffic noise levels during peak conditions. Predicted noise level increases for this project range up to +14 dBA. One residence on Marlynn Road will experience an increase of +15 dBA. Those receptors experiencing significant noise increases have low existing ambient noise levels. When real-life noises are heard, it is possible to barely detect 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. 6. Noise Abatement a. Hiahwav Alianment Highway alignment selection involves the horizontal or vertical orientation of the proposed improvements in such a way as to minimize impacts and costs. This selection for noise abatement purposes must consider the balance between noise impacts and other engineering and environmental parameters. For noise abatement, horizontal alignment selection is primarily a matter of siting the roadway at a sufficient distance from noise sensitive areas. Changes in the vertical alignment can be effective in limiting noise impacts of certain highway facilities. However, this mitigation measure is not reasonable or feasible and would be too costly for this project, which involves at-grade intersections and no control of access. The proposed alignment for Mallard Creek Church Road was developed to minimize costs and environmental impacts. Hence, further alteration of the proposed alignment is not reasonable or feasible from a planning and design perspective. b. Traffic System Management Measures Traffic system management measures which limit vehicle type, speed, volume and time of operations are often effective noise abatement measures. For this project, however, traffic management measures are not considered appropriate for noise abatement due to their effect on the capacity and level-of-service on the proposed roadway. C. Noise Barriers Physical measures to abate anticipated traffic noise levels can often be applied with a measurable degree of success by the application of solid mass, attenuable measures to effectively diffract, absorb, and reflect highway traffic noise emissions. Solid mass, attenuable measures may include earthen berms or artificial abatement walls. 37 The project will maintain no control of access, with driveway connections permitted for most abutting properties and with all intersecting roadways adjoining the project at grade. 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. 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 eight (8) times the distance from the barrier to the receptor. For example, a receptor located 50 feet from the barrier would normally require a barrier 400 feet long. An access opening of 40 feet (10 percent of the area) would limit its noise reduction to approximately 4 dBA. 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 their case. Based on past project experience, isolated receptors and/or scattered receptors generally require noise barriers which are too costly because of the length and height required for a reasonable noise level reduction. For this reason, no isolated receptors were analyzed in detail. Based on the above factors, no physical abatement measures are feasible and none are recommended for this project. A noise wall was considered for receptors between SR 4671 and SR 2834 (See Figure 4). Due to the spatial relationship of the barrier and the adjoining land use, however, a noise wall is not reasonable. To improve aesthetic views in this area, however, a plant screen will be planted between SR 4671 and SR 2834 to visually shield homes from the proposed cross-section. 7. "No Build" Alternative The traffic noise impacts for the "no build" alternative were also considered. If the traffic currently using the network of roads in the area should double, the future traffic noise levels would increase by approximately +3 dBA. This small increase to the present noise level would be barely noticeable to the people working and living in the area. In addition, no traffic noise impacts would result from substantial increases. 38 8. Summary Based on these preliminary studies, traffic noise abatement is not feasible or reasonable and no noise abatement measures are proposed. This evaluation completes the highway traffic noise requirements of Title 23 CFR, Part 772, and unless a major project change develops, no additional reports are required for this project. H. Air Quality Analysis Air pollution originates from various sources. Emissions from industry and internal combustion engines are the most prevalent sources. The impact resulting from highway construction ranges from intensifying existing air pollution problems to improving the ambient air quality. The traffic is the center of concern when determining the impact of a new highway facility or the improvement of an existing highway facility. Motor vehicles emit carbon monoxide (CO), nitrogen oxide (NO), hydrocarbons (HC), particulate matter, sulfur dioxide (SO ), and lead (Pb) (listed in order of decreasing emission rate). Automobilis are considered to be the major source of CO in the project area. For this reason, most of the analysis presented is concerned with determining expected carbon monoxide levels in the vicinity of the project due to traffic flow. 1. Carbon Monoxide Analysis In order to determine the ambient CO concentration at a receptor near a highway, two concentration components must be used: local and background. The local concentration is defined as the CO emissions from cars operating on highways in the near vicinity (i.e., distances within 100 meters) of the receptor location. The background concentration is defined by the North Carolina Department of Environment, Health and Natural Resources as "the concentration of a pollutant at a point that is the result of emissions outside the local vicinity; that is, the concentration at the upwind edge of the local sources." In this study, the local concentration was determined by the NCDOT Traffic Noise/Air Quality Staff using line source computer modeling and the background component was obtained from the North Carolina Department of Environment, Health and Natural Resources (NCDEHNR). Once the two concentration components were resolved, they were added together to determine the ambient CO concentration for the area in question and to compare to the National Ambient Air Quality Standards (NAAQS). i 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 for each of the sensitive receptors to the project. 39 Inputs into the mathematical model to estimate hourly CO concentrations consisted of a level roadway under normal conditions with predicted traffic volumes, vehicle emission factors, and worst-case meteorological parameters. The traffic volumes are based on the annual average daily traffic projections. Carbon monoxide vehicle emission factors were calculated for the completion year (1995), five years, after completion (2000) and the Design Year of 2015 using the EPA publication "Mobile Source Emission Factors", the MOBILE4.1 mobile source emissions computer model for idle emissions, and the MOBILESA mobile source emissions computer model for free flow conditions. The background CO concentrations for the project area were estimated to be 1.9 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 1.9 ppm is suitable for most suburban and rural areas. The worst-case air quality scenario was determined to be located at the intersection of SR 2472/SR 2833 (Mallard Creek Church Road) and NC 49. The intersection will be redesigned as a result of the widening of Mallard Creek Church Road. The predicted 1-hour average CO concentrations for the evaluation build years of 1995, 2000 and 2015 for the worst-case air quality scenario are as follows: 1-Hour CO Concentration (PPM) Receptor 1995 2000 2015 REC 78 (NW CORNER) 7.4 6.1 5.3 AIR 1 (SW CORNER) 6.7 5.6 5.2 AIR 2 (SE CORNER) 5.5 4.9 4.8 AIR 3 (NE CORNER) 7.6 6.2 5.8 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 is less than 9 ppm, it can be concluded that the 8-hour CO level does not exceed the standard. 2. Other Pollutants 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 because of the continued installation and maintenance of pollution control devices on new cars, and thus help to lower ambient ozone and nitrogen dioxide levels. 40 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 downwind of the source of hydrocarbon emissions. Urban areas as a whole are regarded as sources of hydrocarbons, not individual streets and highways. Automobiles are not regarded as significant sources of particulate matter and sulfur dioxide. Because emissions of particulate matter and sulfur dioxide from automobiles are very low, there is no reason to suspect that traffic on the project will cause air quality standards for particulate matter and sulfur dioxide to be exceeded. Automobiles without catalytic converters can burn regular gasoline. Newer cars with catalytic converters burn unleaded gasoline eliminating lead emissions. In the future, lead emissions are expected to decrease as more cars use unleaded fuels and as the lead content of leaded gasoline is reduced., The Clean Air Act Amendments of 1990 make the sale, supply, or transport of leaded gasoline or lead additives unlawful after December 31, 1995. Because of these reasons, it is not expected that traffic on the proposed project will cause the NAAQS for lead to be exceeded. 3. Conformance with Clean Air Act and Conformity Guidelines The project is located within the jurisdiction for air quality of the Mecklenburg County Department of Environmental Protection. Mecklenburg county is designated as a moderate nonattainment area for Carbon Monoxide (CO) and Ozone (03). However, due to recently improved air quality monitoring data, this area is under review to become a maintenance area for ozone. A redesignation request for CO was submitted to the Environmental Protection Agency (EPA) on October 7, 1994. All appropriate Transportation Control Measures (TCM) included in the State Implementation Plan (SIP), which was approved by the EPA on March 19, 1981, have been completed. The Charlotte/Mecklenburg 2010 Urbanized Area Thoroughfare Plan (TP) and the 1994 Transportation Improvement Plan (TIP) have been determined to be in conformance with the intent of the SIP. The approval dates of the TP and the TIP by the Metropolitan Planning Organization were on September 18, 1991 and September 15, 1993, respectively. The approval dates of the TP and the TIP by USDOT were on November 15, 1991 and December 15, 1993, respectively. There have been no significant changes in the project's design concept and scope, as used in the conformity analyses. 4. Construction Impacts on Air Quality 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 41 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 practicable 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. I. Transportation Management In Transportation Management Areas (TMA) designated as non-attainment for air quality, the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) places restrictions on federally funded projects that increase capacity for single occupancy vehicles (SOV). Section 1024(a) of ISTEA states that projects which increase SOV capacity in TMA's classified as non-attainment areas must be part of an approved Congestion Management System. North Carolina is currently developing its Congestion Management System. A working plan for North Carolina's CMS will be in place by October 1, 1995. Prior to implementation of the Congestion Management System, projects that improve SOV capacity in non-attainment areas will be analyzed to determine if travel demand reduction and operational management strategies can be used to reduce SOV demand. Charlotte is classified as a moderate non-attainment area for carbon monoxide and ozone. The widening of Mallard Creek Church Road (U-2508) will increase the capacity for SOV use. The following is an analysis of travel demand reduction strategies, operational management strategies, and alternative transportation modes that have been considered as part of the proposed project. Travel Demand Reduction Strategies: The following travel demand reduction strategies were considered for this project: 1. Staggering work hours at local businesses. 2. Growth management. 3. Road Use Pricing. Growth management involves public policies to regulate development so that trip generation follows a desired pattern. Road pricing involves charging motorists a "price" associated with their use of a particular facility. Growth management and road use pricing are not considered feasible options because they involve area-wide policies rather than policies applicable to discrete corridors. Staggered work hours, flex-time, or modified work weeks can be implemented on a corridor level if large employers along the corridor cause congestion at their entrances and exits. These applications would 42 reduce spot congestion at entrances and exits to large employers (those employers attracting enough trips to cause congestion); however, there are no such employers along this project. Because SOV reduction strategies are not considered appropriate for this corridor, additional SOV capacity is warranted and will be provided for by the widening of Mallard Creek Church Road. Consideration of Alternative Transportation Modes: The City of Charlotte and the North Carolina Department of Transportation have adopted a thoroughfare plan designed to provide Charlotte with an efficient transportation network. The thoroughfare plan includes both highway improvements and transit service. The widening of Mallard Creek Church Road with project U-2508 is a part of Charlotte's thoroughfare plan. The City of Charlotte currently has transportation available to commuters which vehicular trips in the city. The City's goal 25%. Current transit systems are estimated to Bus Service To help meet their goals, Charlotte seeks to: alternative modes of are designed to reduce is to reduce SOV demand by reduce SOV demand by 10%. * Increase bus routes along various arterials in the metropolitan area, * Increase the accuracy of arrivals and departures of buses, and, * Increase transit ridership by 20% by advertisement. Bus service in Charlotte is also being improved by the use of signal preemption for buses. This system provides more continuous flow for buses by reducing stopped time at intersections. Currently, only one bus route extends to the limits of project U-2508. Consideration has been given to providing bus turnouts along Project U-2508; however local planning officials have determined that, due to the type of development found along the corridor, bus turnouts will not enhance bus operations along this project. Therefore, no bus turnouts are proposed. Carpool/Vanpool Programs Charlotte promotes both carpool and vanpool service to reduce SOV use. Charlotte currently has 18 operating vanpools which serve the entire metropolitan area. A computer matching system is available to assist potential carpool and vanpool users find suitable rides. In addition, a commuter service has been developed jointly with the City of Rock Hill, South Carolina, to assist ridesharing for commuters who work across state lines. 43 The closest "park and ride" lot is located at University Place on the corner of US 29 and Harris Boulevard. Bicycle Use Accommodations for bicycle traffic have been recommended for the project length. This measure will provide for bicycling as a transportation alternative. Pedestrian Facilities NCDOT recommends a sidewalk along Mallard Creek Church Road, from US 29 to NC 49. In addition, sidewalks are recommended for both sides of the replacement bridge over Mallard Creek. These provisions will enhance the pedestrian transportation alternative. Congestion Management Strategies To reduce potential congestion along project U-2508, progressive signal timing has been evaluated as a congestion management strategy. Progressive signal timing is a part of the City of Charlotte's Traffic Signal System. Implementation of progressive signal timing will be performed for this project. Other congestion management strategies such as ramp metering and High Occupancy Vehicle lanes are not applicable because this project is not a controlled access facility. Consistency with ISTEA ISTEA requirements, as amended in 23 USC 134, for the Charlotte TMA have been reviewed as previously described. Project U-2508 is a part of Charlotte's thoroughfare plan. Travel demand reduction strategies, operational management strategies, and alternative transportation modes have been analyzed along the Mallard Creek Church Road corridor to determine if these strategies could eliminate the need for additional SOV capacity. Because SOV reduction strategies are not considered appropriate for this corridor, additional SOV capacity is warranted and will be provided by the widening of Mallard Creek Church Road. J. Construction Impacts There are a number of environmental impacts normally associated with the construction of highways. These are generally short term in duration and measures will be taken to mitiaate these impacts. Traffic along Mallard Creek Church Road will experience brief periods of disruption during construction. 44 Telephone, water, sewer and electric services are available in the area. The Department of Transportation will hold a preconstruction conference between the Department, the Contractor, representatives of the involved utility companies, and pertinent local officials. Methods to coordinate utility adjustments will be discussed at this conference. 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 practicable from dwellings and not when atmospheric conditions are such as to create a hazard to the public. Burning will be performed under constant surveillance. Measures will be taken in allaying the dust generated by construction when the control of dust is necessary for the protection and comfort of motorists or area residents. 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 passersby 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. Overall, construction noise impacts are expected to be minimal since, for the most part, the project traverses developed areas of low-density. In some areas, construction noise impacts would be expected to be more substantial due to the project's close proximity to existing housing. 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. The general requirements concerning erosion and siltation are covered in Article 107-13 of the Standard Specifications which is entitled "Control of Erosion, Siltation, and Pollution". The N. C. Division of Highways has also developed an Erosion and Sedimentation Control Program which has been approved by the N. C. Sedimentation Control Commission. This program consists of the rigorous requirements to minimize erosion and sedimentation contained in the "N. C. Highway Standard Specifications for Roads and Structures" together with the policies of the Division of Highways regarding the control of accelerated erosion and sedimentation on work performed by State Forces. Waste and debris shall be disposed of in areas that are outside of the right-of-way and provided by the Contractor, unless otherwise required by the plans or special provisions or unless disposal within the right-of-way is permitted by the Engineer. 45 Borrow pits and all ditches will be drained insofar as possible to alleviate breeding areas for mosquitoes. In addition, care will be taken not to block existing drainage ditches. Prior to the approval of any borrow source developed for the use on this project, the contractor shall obtain a certification from the State Historic Preservation Officer of the State Department of Cultural Resources certifying that the removal of the material from the borrow source will have no effect on any known district, site, building, structure, or object that is listed on the National Register of Historic Places. A copy of this certification shall be furnished to the Engineer prior to performing any work on the proposed borrow source. K. Contaminated Properties A reconnaissance survey of the study area identified one active facility with potential for underground storage tanks (UST) or hazardous materials involvement. A subsequent records search of the DEM/Groundwater Section was conducted to determine the status of these tanks. The following information was obtained: Site Number I The Citgo gasoline station and convenience store is located at the intersection of US 29 and Mallard Creek Church Road (See Figure 4). Underground storage tanks are present. Twelve gasoline valves are located in the paved area of the gas station. The closest valve to US 29 is 65 feet from the edge of pavement. The closest valve to Mallard Creek Church Road is 40 feet from the edge of pavement. The recommended alignment avoids impacting this site. A files search of the Division of Solid Waste Management was also conducted to determine whether any known unregulated dumps or other potentially contaminated sites are within the project corridor. After review of these files, none of the known sites in Mecklenburg County were identified within the corridor. V. COMMENTS AND COORDINATION The following federal, state, and local agencies and officials were consulted regarding this project : *U. S. Army Corps of Engineers U. S. Environmental Protection Agency U. S. Federal Emergency Management *U. S. Fish and Wildlife Service U. S. Geological Survey *State Clearinghouse *N. C. Dept. of Cultural Resources N. C. Dept. of Human Resources N. C. Dept. of Public Instruction N. C. Dept. of Public Transportation 46 *N. C. Dept. of Environment, Health, & Natural Resources *N. C. Wildlife Resources Commission Centralina Council of Governments *Mecklenburg County Commissioners The Mayor of Charlotte City of Charlotte Transportation Dept. *Mecklenburg County Planning Dept. *Mecklenburg County Parks and Recreation Dept. *University of North Carolina, Charlotte *Charlotte/Mecklenburg Historic Landmarks Commission Asterisks (*) indicate agencies from which written responses were received. Those comments are included in Appendix D of this report. On April 22, 1993, an Informational Workshop was held to obtain public comments and suggestions on the project. This meeting was only attended by a few citizens, but those in attendance voiced their support for the project. TD/plr FIGURES 2713 it 52 6 MECKLENBURG COUNTY 14 'a 5 ECKLI 521 11 49 1 ineville c z' of ???ewelfl hotte • '° Allen 1 I - i ???,Mint?lill5 g i A • • 11? • ?1? • 2470 ,04 2676 • .06 ?1 • Mallard 4? y'ti 1?1 Cr••k 11 t ? 2n1 5? % 13 ?11? : ? 2698 '37 ?l •? 2473 • 4°.f k r67a 1 .03 464 ffi ; SR 2472 267' ` ?' Oh 4641 " D ? 03 ° ? 1j oy. BEGIN "56 Malla : 4ess 4654 PROJECT' \ • 657 ,. • 4630 \ • .1° 4626 27 1611 '1? \0609 • 4627 .13? .04 161 m .11 \ • \O- 0'1 1611 \SR 2833 \ =° ° • .07 p 613 O ? 1611 k • 2eoo 4672. 1821 46 1627 4e71 • 1e ° ? 4628 • o °y46]2 • 122 N .11 461 J?o? 46]3 •? \ • ^y •as ^ 619 Ob 24- 4616 O 4618 A_ bl] v• 4 • 2431 2, • \ FAP 56 ?9 • Back END )° •? 5 0•ek al y Z j PROJECT w V? U.N.C. W CHARLOTTE \ w 2835 NORTH CAROLINA DEPARTMENT OF * .05 05 0 3049 TRANSPORTATION 2665 .52 2636 2032 DIVISION OF HIGHWAYS 4.62 PLANNING AND ENVIRONMENTAL BRANCH ?G 3019 °'• ? \ 29]9 021 ' 30229 MALLARD CREEK CHURCH ROAD 90 4543 t7,? SR 2472 FROM SR 2681 TO US 29 ^p .11 306] ar 3029 - •s 3027 Q 3028,, O'r' • ?. 4542 - 3056 AND C:,6? ,658 SR 2833 FROM US 29 TO NC 49 .•??'Ory v `y ?>D?O? $ 4663 ry .05 T. I. P. NUMBER U-2508 69 3069 e+ / ?5 FIG. 1 FOUR-LANE HIGHWAY WITH OUTSIDE SHOULDERS, DIVIDED BY A 20-FOOT RAISED MEDIAN 30' Pavement 20' 30' Pavement 120 FEET OF RIGHT OF-WAY, PLUS CUT AND FILL * Bicycles are accommodated by a 6 foot paved shoulder. With a 24-foot traveled way, this totals 30 feet of pavement. Total shoulder width is. 8 feet, including 6 feet of pavement. FIGURE 2 FOUR-LANE HIGHWAY WITH CURB AND GUTTER, DIVIDED BY A 20-FOOT RAISED MEDIAN 14' 12' 20' 12' 14' 100 FEET OF RIGHT-OF-WAY, PLUS CUT AND FILL * SIDEWALKS ARE NOT SHOWN. * BICYCLE FACILITIES ARE PROVIDED BY WIDER, 14-FOOT OUTSIDE LANES. FIGURE 3 CURBS/ \ CURBS vs ?ianoij z O ro m = m D m C MM I-MCr ? D ? Z m w i = ? Z Z A O O 1 m CID N 0 0 U) m N N m?. V RW m - (n ' of (O O? ao m m N j m N w m _ W N O ? ? N O N i0 W a N C m I m W t W b V O W r (n N O N co co W O A ° ,(^ I ? V m D N V w? N a OD D A m W ?0 ° 0 ° z ?v N @\ n --q n C r D rr z (11 O ?mm F, S M m z m X ° z m m 0 33 L" "? T ca 0 r CA m 0 W C 4 N .? o X D 3R 4g)' l -lew !' V? 0. ? N W fCn S < ?j N) Z W.T z z v N D N ? a r C4 w R W Jp D r m ° ? C m L m ? ? N z mz 3131 N ?? ?? / V N -I m D •('? W < m 00 -1 . CA m ? V 70 o? y 17 17 r? ®? O O? N O O z m< ?W mz ? m `? - CO OD co ao R r m z w a 1 1 m I m L7= C) w co NNW nCF gn (O O ?1 A A .a (n S ? N a O in N b m m N O a? /nC O ?a rl)? A A ` J / A 7 W d w ? ?N ^Q O ? N 0 z 40 m Oa0 N A A (O oa c Ul A M m nC ? N r M 0 zm 31 ? G7 0 n°w Pal 99 3anJ1:j z o W OOr. D 0 m A SC mm rr 1 D D ? Z v m ?io S O O Z O A z O O W n 00f w w b j' N 1 O V ? A ?O m V CD ao ? N N co ? W e A a \ O 01 N ? b 1 t0 ? W W A ? ^a A N o\ A e A W.J I j O ` A b O j? co l A ? ? O (o CD N A ? 0 f0 OD > r N ?- 0 D W A a? >S ?z C _G N co b m w ? o C ?> , _ tD .N Z m z x O O D ?d A m D nm D rn w co b ?" ? w ° ` 0 D ? ? r= riv A N OD A ` " 0 S9 CD W (A z O Z W n A N ,n 0 _ N °f D o Z mm awo b ? t to N A mm Z D mD m' G ? 1 -< p zal m Ill D \ W , J 1 O 1 W W AO 00 zz n m > m W V ? .. mz_ ? m ?w w w /v w R i w wLO !P r m z ? w r j m R ? w z 0 A. co N W / W W aC S? f0 A, CD co ° o -V a W N / NOO N 2 y? W I G) C.) ro O R V V > BCD N O N? W N A O N V/ V O V W A_ m 0 01 W ^O N N^? N ° ci p0 CD co z 0 O m o z Go N ? V CAI N Al s C bD oa w co 8 co Q w p u, 09 3bnou SAI,LVWdHJL'IV 09 OT T, £ 96T OTT NOILVOOrI MEN S8-I 30 *M ' Crd HZ)UMO s s 6 £ Z T, S£ 96T xssuO Q2iF1'I'IKJni *CIE HOUMD XHHHZ) CIUV I'= S5 6 9 8T ZTOT Z95 30 'S S8-I 6 Z Sfl aO 'M ' C[H HOHMZ) 09 6 £ Z 86Z 99T XZHUZ) CrdVrt'IVN XSHH3 ally Ir= 09 6 £ £ 9G£ 9T,Z aO 'N 6Z Sn. 6 Z Stl aO ' H ' art HZ)UMO 09 OT T, £ Z 9 Z 9 T, T XHHUZ) (Iuvq' ivx 6T, ON aO ' M ' art HOHM3 09 OT T, £ 99 9£ XaHUZ) CPdVggX ' art art0ON0O 09 TT S T, Z89 T,T,£ ar1O 30 'N 6T, ON 6T, ON aO ' H ' CCH HOUM0 09 OT T, £ Z S 9z XHHH0 CPdV I'I'dDi ' art HOUMD MHUD cluvq vx 09 TT S T, 9T,9 HE 30 'S 6T, ON STOZ S66T saxxaHnH HI SMMgOA xia % AHa % 7vna % ISIZ % Safi • ZSH e14nou 3AlZsVK Z,LrW KOLL d' M MM HIM 61P off oz, S 8 - I NMI ' ax 80ME, xxMEo axrirm 3Snou xs sHOWA RDMd xonum T, 6 6 T ' a9C[ManoN 80SZ-n 1132moud Ammon aaaff r37mam Appendix A Historic Architecture Resources \\\? = J \C)' w W OIL 0 cr- co i, e L' CL CL CL 7i:A1 '7? :'•: 61 En Q ~ Q X C0 0 LL co 0 ?• c? G ??•r? ?r ?/ ?j \ ?.?/;?y?"_..-?'l? \C:7? ''?' ter. (.12'. ?C F- I z:l Ilk% C• .7,1,c7 , .?d:G?',.C?:r._1.,1'- ,\\ \ \ \ \ ,;x.1:1+L:....?- 4rq_..:',_- <•.::;.- ?''-? -- .?::` •?] 15 Uil ;Ole t3 OS - \ ? S? ? -l ;. ? ? -??,• •.• / /r F. Vii:?• 'a 4L CV ! --- 113 ?? „ .: , / ..: f rye ..- •- - - „'?'`=`' - •' ?- _- .._._ ..___ . _....._ ...- '---..__._...__ ..._. _....... . r,:3 J V n? ^ ? Ci {' ? •O L$ 1 ?i;1 \?iULI:,? !•_7 111 _ :,o ' r ye r?°'. ?= s James B. Hunt, Jr.. Governor Betty Ray McCain, Secretary March 18, 1993 MEMORANDUM North Carolina Department of Cultural Resources Division of Archives and History William S. Price, Jr., Director TO: L. J. Ward, P.E., Manager Planning and Environmental Branch Division of Highways Department of 1'rwL5portation ti FROM: David Brook Deputy Stat His one Preservation Officer SUBJECT: Widening SR 2472 (Mallard Creek Church Road) from 1-85 to US 29 and SR 2833 from US 29 to NC 49, Mecklenburg County U-2508, 8.2672601, STP- 000S(72), CH 93-E-4220-0668 EI? O MAR 2 3 1993 We have received information concerning the above project from the State Clearinghouse. We have conducted a search of our maps and files and have located the following structures of historical or architectural importance within the general area of the project: W. T. Alexander House. SR 2826 (Hood Road), Mallard Creek vicinity. (A map showing the location is enclosed.) This property was designated as a local historic landmark on April 18, 1977. We recommend that an architectural historian for the Department of Transportation survey the area of potential effect and report the findings to us. Please send photographs, keyed to a map, of all structures over fifty years of age. Also include a brief statement about each structure's history and explain which National Register criteria it does or does not meet. In an earlier "meeting of the minds" an archaeological survey was recommended -for this project-(November 24, 1992). To reiterate that opinion, we recommend that a comprehensive survey be conducted by an experienced archaeologist to identify the presence and significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources should be assessed prior to the initiation of construction activities. Testing should include evaluation of the potential for buried sites in the vicinity of Mallard Creek. 109 East Jones. Street - Raleigh, North Carolina 27601-2807 L. J. Ward March 18, 1993, Page 2 The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 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, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:slw Enclosure cc: State Clearinghouse B. Church T. Padgett Charlotte/Mecklenburg HLC R North Carolina Department of Cultural James B. Hunt, Jr., Governor Betty Ray McCain, Secretary August 25, 1993 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Widening SR 1472 (Mallard Creek Church Road) from I- 85 to US 29 and SR 2833 from US 29 to US 491 Mecklenburg County, U-2508, STP-OOOS(72),. ER 94- 7098 Dear Mr. Graf: C ,isioNo NcaivN'Jd Wilam S. Price, Jr.- 1J1'.//,31C P41^ C. iv IL, Thank you for your letter of July 20, 1993, concerning the above project. Q We have reviewed the historic architectural resources phase I survey report prepared by the North Carolina Department of Transportation for the above project. Based upon the information provided, we concur with the Federal Highway Administration's (FHwA) determination that the W. T. Alexander House is eligible for listing in the National Register of Historic Places under Criterion C for architecture. We feel that the proposed boundaries-- which are the same as the current tax parcel--are appropriate, except that the western boundary should encompass all of the driveway to the house. We also concur with FHwA's determination that the 1930 bungalow is not eligible for the National Register since the structure does not possess sufficient historical or architectural significance. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 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, please contact Renee Gledhill-Earley, environmental review coordinator; at 919/733-4763. 'Sincer ly, s v David Brook Deputy State Historic Preservation-Officer DB:slw -.? cc: L. J. Ward B. Church Charlotte-Mecklenburg Historic ." Landmarks Commission e: fry' 109 East Jones Street - Raleigh, North Carolina 27601-2807 10D, 1o p ? EiV? O fi°f "4 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRA710H REGION FOUR 310 New Bern Avenue, Suite 410 " Raleigh, North Carolina 27601 August 31, 1994 a Mr. David Brook Deputy State Historic Preservation Officer Department of Cultural Resources 109 East Jones Street Raleigh, NC 27601 Dear Mr. Brook: NC- S€p 0 2 1994 01I1ISICN OF Subject: Federal-aid Project STP-OOOS(72), State No. 8.8100315, U-2508, Mecklenburg County - Addendum to the Historic Architectural Resources Report Enclosed are two copies of an addendum to the architectural resources report for the subject project. This addendum has been prepared to address a revision in the eastern terminus of the project. The report concludes there are no properties listed in or eligible for listing in the National Register of Historic Places within the project's area of potential effect. Based upon our review of the addendum, the Federal Highway Administration has determined there are no properties within the area of potential effect for the revised location that are eligible for listing in the National Register of Historic Places. Your concurrence in this determination is requested. Questions concerning the report can be directed to John Wadsworth of this office at (919) 856-4350 or Ms. Barbara Church with the North Carolina Department of Transportation at (919) 733-3141. Sincerely yours, For Nicholas L. Graf, P.E. Division Administrator Enclosure i-? cc: Mr. H.F.Vick, P.E., NCDOT Mallard ,/Cee?k?, .. ' = H v /??? ??`? 'c0 '? ? I ? as I ? ? _ `?_ ? __- ?_.' v:. Cho • /r0. ?'1+. ' .r/T _ ^ \ \\ ?i lJ`S `'? '-605 C_ '•???y^ / 'C'r '.,''(rl `v i1- 1' l1? I?? a Z M13 _ 1-/ f` ` wag ? ,.?.? 1" ? 1''`• E L Roland House f sso o 3?' 151111 .-mil/ B \Z?\ ?.! o -_?•.?-- .? 2. Back Creek Parsonage ? / ? ? ? ?.`? S? ? ?.,sa/ ? 1 ?? , •. a Ult`1 c-?7Y/Y1 i-?1 J1//":•r"f.?' / g Q ?? 1 ltiard 3. Back Creek School jF 2Q 65_ IT 4. Helms House tirst •? •* r," n ?' .," ??r / \ ' / ?? ?'?ao yap ^?. ? ?•• l( / ?zf l! ii e • ?\ s=• 't J/(. aile ?,r? ? ? , (\?? r \?' _ . 3907 i V4 >\?l •r B ? 1 r, .N it ( ?.ti is ?^\?? "1 `. ??I l ? ?\? /k ?:J?. ?\ ?. ' ? 5.?1 / \'?/ / :. ?d7ll/ /? f?i al v of 230 Carolina Emu lit j •(.-~? ?/ \?5?'' / CYr' ;,' ?'li x '.'*'? i.111 \( •? `I? 'i^W. 1 '•\ \l\ , ?C B' Q??l `?\O `._ ?.' _. AS \N m ?\- ??/i;.? J ?? ?``? - I ?II+?? •u i ,?;?; 5. Back--Creek ARP^„ - Church/Cemetery '^?.. it\Ij ..- l ??'" '\r//vr? ?'•i •? I ? ?.?? I \ I, /?.l\` (•L. ?v\•?^,`, \I?(O\\?;:, 3906 j ?.! fir, ?? _^r / / / i?\? times: • • \ i j L/\\ ! 10 r30n 1: 76.1 "J 39M I NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL 13RANCH SR 2472 from I-85 to US 29 and SR 2833 from US 29 to NC 49 -- SR 2833, New Location Alternative TIP No. U-2508 Figure 1 r ,p'0 -• •' ? ??. .ate •?/ L; ..S , a f Tip \ ? ?. 'I k ",/ \ tom a • • - i .-?"?./ (^? 750 r/ ,• ?? (-, /ten ?.?1 Area of Potential .` Effect (APE) \?\1New Location Alternative ._ o SCE/VF OCT 1 0 1994 North Carolina Department of Cultural Resourc 22 DIVISION OF Qg? James B. Hunt Jr., Governor G' HIGHWAYS Betty Ray McCain, Secretary ?ONNIE . to Division of tory October 5, 1994 William S. Price, Jr., Director Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Addendum to Historic Architectural Resources Survey Report for widening of SR 2472 (Mallard Creek Church Road) from US 29 to NC 49, Mecklenburg County, U-2508, 9.8100315, STP OOOS(72), ER 95-7422 Dear Mr. Graf: Thank you for your letter of August 31, 1994, transmitting the historic structures survey report by Scott Owen for the North Carolina Department of Transportation (NCDOT) concerning the above project. We understand that the area of potential effect for the project has been revised since the eastern terminus of the project has changed. Now, five additional properties over fifty years of age are located in the area of potential effect for the project. We note that during our review of another NCDOT project--the widening of NC 49, TIP R-2215--we concurred with the Federal Highway Administration's determination that these five properties are not eligible for the National Register of Historic Places. For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that the following properties are still not eligible for the National Register of Historic Places: Roland House Back Creek Parsonage Back Creek School Helms House Back Creek Associate Reform Presbyterian Church and Cemetery r I 109 East Jones Street - Raleigh, North Carolina 27601-2807 Nicholas L. Graf October 5, 1994, Page 2 In general the report meets our office's guidelines and those of the Secretary of the Interior. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 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, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sin ely, 'd' Brook Deputy State Historic Preservation Officer DB:slw? cc: H. F. Vick B. Church Charlotte/Mecklenburg HLC Appendix B Programmatic Section 4(? Evaluations NORTH CAROLINA DIVISION FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL FOR FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENTS WITH HISTORIC SITES F. A. PROJECT STP-OOOS(72) STATE PROJECT 8.2672601 T. I. P. NO. U-2508 DESCRIPTION: Minor taking of land from W.T. Alexan der historic property, located adjacent-t o Mal lard Creek Church Road on the west side of US 29. Mecklenburg County. YES NO 1. Is the proposed project designed to improve the operational characteristics, safety, and/or physical condition of the existing highway facility on essentially X the same alignment? F-1 X 2. Is the project on new location? _ X ? 3. Is the historic site adjacent to the project? 4. Does the project require the removal or alteration of historic buildings, structures, or objects? 5. Does the project disturb or remove archaeological resources which are important to preserve in place rather than to recover for archaeological ? \ n research? ' 6. a. Is the impact on the Section 4(f) site considered minor (i.e. no effect, X no adverse effect)? b. If the project is determined to have "no adverse effect" on the historic site, does the Advisory Council on Historic Preservation object to the ? X determination of "no adverse effect"? 7. Has the SHPO agreed, in writing, with the assessment of impacts and the proposed ? ? mitigation? 8. Does the project require the preparation ? X of an EIS? ALTERNATIVES CONSIDERED AND FOUND NOT TO BE FEASIBLE AND PRUDENT The following alternatives were evaluated and found not to be feasible and prudent: Yes No X F-1 1. Do nothing Doe s the "do nothing" alternative: F-1 X (a) correct capacity deficiencies? - a or (b) correct existing safety hazards? F-1 or (c) correct deteriorated conditions? and (d) create a cost or impact of ? x extraordinary measure? - 2. Imp rove the highway without using the x adj acent historic site. (a) Have minor alignment shifts, changes in standards, use of retaining walls, etc., or traffic management measures been evaluated? (b) The items in 2(a) would result in: (circle, as appropriate) (i) substantial adverse environmental impacts or (ii) substantial increased costs or unique engineering, transportation, maintenance, or safety problems or (iv) substantial social, environmental, or economic impacts or (v) a project which does not meet the need or (vi) impacts, costs, or problems which are of extraordinary magnitude x 3. 'Build an improved facility on new location without using the historic site. (a) An alternate on new location would ult in: (circle, as appropriate) U a project which does not solve U the existing problems or (ii) substantial social, environmental, or economic impacts or (iii) a substantial increase in project cost or engineering difficulties and (iv) such impacts, costs, or difficulties of truly unusual or unique or extraordinary magnitude MINIMIZATION OF HARM X ? Yes No 1. The project includes all possible planning to minimize harm necessary to preserve the X ? historic integrity of the site. 2. Measures to minimize harm have been agreed to, in accordance with 36 CFR Part 800, by the FHWA, the SHPO, and as appropriate, a the ACHP. 3. Specific measures to minimize harm are described as follows: 1. In the vicinity of the W.T. Alexander House, NCDOT has agreed to landscape the grassed median with wax myrtles, forsythia, and/or scotch broom. NCDOT will also plant a screen of trees and shrubs on the north side of SR 2472 at areas where no landscape buffer currently exists. Prior to initiation of construction, NCDOT shall submit the landscaping plan to the State Historic Preservation Office for review and comment. 2. In the vicinity of the W.T. Alexander House, NCDOT will minimize the clearing of trees in the right-of-way. Note: Any response in a box requires additional information prior to approval. Consult Nationwide 4(f) evaluation. COORDINATION The proposed project has been coordinated with the following (attach correspondence): a. State Historic Preservation Officer X b. Advisory Council on Historic Preservation C. Property owner x d. Local/State/Federal Agencies x e. US Coast Guard (for bridges requiring bridge permits) SUMMARY AND APPROVAL The project meets all criteria included in the programmatic 4(f) evaluation approved on December 23, 1986. All required alternatives have been evaluated and the findings made are clearly applicable to this project. There are no feasible and prudent alternatives to the use of the historic site. The project includes all possible planning to minimize harm, and the measures to minimize harm will be incorporated in the - project. All appropriate coordination has been successfully completed with local and state agencies. Approved: -2L-f? Date Date A,,-(-,Manager, Planning & Environmental Branch NCDOT Di,fision Administrator, FHWA R Ce el z OCT 19 1993 7-- DIVISIct OF NlGHWAY Q?. e"V ????R4NMEISC Pig 216 Mallard Creek Church Road West Charlotte, North Carolina 28262 October 16, 1993 Mr. Frank Vick, P. E. Manager Planning and Environmental Branch State of North Carolina Department of Transportation Division of Highways P. 0. Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Vick: On October 14th Kitty Houston, architectural historian with the Department of Transportation in Raleigh, called me regarding our driveway being included in the proposed National Register boundaries for the W. T. Alexander House. She explained that the red area marked on the map that L. J. Ward sent me on September 14th was the portion of the driveway that extended into the 75.448 acres that my sister and I own jointly. The yellow-marked area is the designated historical property that was surveyed in 1977. Margaret and I both did not clearly understand what was meant by the red- marked area on the map sent to us on September 14th. With Kitty Houston's explanation, we agree to the driveway boundaries (yellow-marked area and the curved red-marked area) to be included in the proposed National Register boundaries for the W. T. Alexander House. Sincerely, /-, Z&??Jtct?,? Sarah L. Alexander Q??C E, V? OCT 1 1 1993 x U= 2''L DIVISION F HIGHWAYS P 216 Mallard Creek est Charlotte, North Carolina 28262 September 30, 1993 Mr. L. J. Ward, P. E., Manager Planning and Environmental Branch State of North Carolina Department of Transportation Division of Highways P. 0. Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Ward: On September 27th my mother and I met with Dr. Dan L. Morrill, Director of the Charlotte Mecklenburg Historic Properties Commission, to review the information included in your letter of September 14th and the map you sent us marling the area included in the proposed National Register boundaries. We spent about two hours discussing the possibility of enlarging the boundaries for historic property preservation and eventually developing the surrounding land with deed restrictions that would be sensitive to the historical portion of the land. Of course, my sister and I, with the assistance of our attorney, would have to jointly decide what would be economically feasible with consideration to the taxes on the 74.448 acre parcel and the after tax capital gain should we decide to sell a portion of the land. Margaret and I, with the help of Dr. Morrill and perhaps other people, would be willing to grant permission to seek eligibility for the National Register and to determine the nronosed boundaries in concurrence with the State Historic Preservation Office. We do not object to the driveway being included in the proposed National Register boundaries. We understood the area highlighted in yellow on the map you sent; however, Dr. Morrill, my mother, and I did not understand what was meant by the small area highlighted in red. On September 16th I sent Barbara Church by certified mail a notebook that included a history of the W. T. Alexander House, several generations of the Alexander family and their kin, institutions that molded and shaped their lives, such as the Great Wagon Road, Presbyterianism, education, 150 years of the cotton economy of the Old South, industrialization and urbanization of the New South, and specific historical developments (museums and folk parks) that have similarities with the history of the Alexander family and the W. T. Alexander House. In talking to Dr. Morrill, I reviewed the same information that I sent to Barbara Church. Advisory Council On Historic Preservation The Old Post Office Building 1100 Pennsylvania Avenue, NW, #F809 Washington, DC 20004 FEB 2 5 1994 Mr. Nicholas L. Graf Division Administrator Federal Highway Administration 310 New Bern Avenue, Suite 410 Raleigh, NC 27601 REF: Proposed Widening of SR-2472 (Mallard Creek Church Road) from US 29 to NC 49 Mecklenburg County, North Carolina Dear Mr. Graf: On February 8, 1994, the Council received your determination, supported by the North Carolina State Historic Preservation Officer (SHPO), that the referenced undertaking will have no.- adverse effect upon the W. T. Alexander House, a'property eligible for inclusion in the National Register 4f H?gtgrie Places. Pursuant to Section 800.5(d)(2) of the Cobncil's regulations, "Protection of Historic Properties" (36 CFR Part 800), we do not object to your determination. Therefore; you are not required to take any further steps to comply with Section 106 of the National Historic Preservation Act other than to implement the undertaking as proposed and consistent with the conditions you have reached with the North Carolina SHPO. Thank you for your cooperation. Sincerely, Don L. Klima Director Eastern Office of Review U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION REGION FOUR .y??T 310 New Bern Avenue, Suite 410 ?of411%Ot T Raleigh, North Carolina 27601 December 10, 1993 Mr. David Brook Deputy State Historic Department of Cultural 109 East Jones Street Raleigh, NC 27601 Dear Mr. Brook: Preservation Officer Resources ??G C E I v?• 6 13 1993 Z ? 2 DIVISION OF C In Repl .GHWAYS 4e HO-N ? DONtdI t Subject: Federal-aid Project STP-OOOS(72), U-2508, Mecklenburg County - Section 106 Consultation The subject project is for widening Mallard-Creek Church Road from Interstate 85 to NC 49 in Mecklenburg County. Based upon the Historic Structures Report previously submitted to your office, the Federal Highway Administration (FHWA) determined that the W. T. Alexander House was eligible for the National Register of Historic Places. Your office concurred in the eligibility of the property on August 25, 1993 and recommended the proposed western boundary for the property be revised to encompass all of the driveway to the house. Enclosed is a copy of information developed during the study concerning use of a small portion of the property for right-of-way for the project. This information was presented to a representative of your staff at a meeting held November 1, 1993 and a tentative agreement reached for a determination of no adverse effect. With agreement for a no adverse effect determination, a programmatic section 4(f) Evaluation will be prepared for the use of land from the historic site. As a result of the project studies prepared as a part of the environmental process, the FHWA has determined the project will have no adverse effect on the W. T. Alexander House. Your concurrence with this determination is requested. FHWA concurs with your recommendation to revise the proposed western boundary of the site to include all of the driveway to the house. Sincerely yours, I.sl on, S. /' , i h-----' For Nicholas L. Graf, P.E. Division Administrator Enclosure cc: Mr. H. Frank Vick, P.E., NCDOH - a.?SGUFo ,y^ r North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Division of Archives and History Betty Ray McCain, Secretary William S. Price, Jr., Director January 4, 1994 Cil-,DIVISIGN Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 OF Re: Widen SR 2472 from US 29 to NC 49, -iWAYSMecklenburg County, U-2508, ER 94-7981 ti6` Dear Mr. Graf: Thank you for your letter of December 9, 1993, concerning the above project. We have reviewed the preliminary documentation provided to us to determine the project's effect on the National Register-eligible W. Ir. Alexander House. Based upon this information, we concur with the Federal Highway Administration's determination the project will have no adverse effect on the W. T. Alexander House if the following conditions are carried out: 1. In the vicinity of the W. T. Alexander House, the North Carolina Department of Transportation (NCDOT) will landscape the grassed median with wax myrtles, forsythia, and/or scotch broom. NCDOT will also plant a screen of trees and shrubs on the north side of SR 2472 at areas where no existing landscape buffer currently exists. Prior to the initiation of construction, NCDOT shall submit the landscaping plan to the State Historic Preservation Office for review and comment. 2. In the vicinity of the W. T. Alexander House, NCDOT will minimize the clearing of trees in the right-of-way. We understand NCDOT will outline these measures in the Environmental Assessment to ensure they will be addressed during the design and construction phases of the project. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. 109 East Jones Street - Raleigh, North Carolina 276012807 Nicholas L. Graf January 4, 1994, Page 2 Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, t I - David Brook Deputy State Historic Preservation Officer DB:slw cc: H. F. Vick B. Church Charlotte/Mecklenburg Historic Landmarks Commission Mr. L. J. Ward Page 2 , September 30, 1993 I will mail a copy of this letter, your letter, and the map with the high- lighted areas to my sister, Margaret. If she is in agreement with what I have stated in my letter, I will type a line on my copied letter for her to sign and send to you. Sincerely, Sarah Iand Alexander 9 Mar aret Stafford Alexander Date : /R -- 7 3 Mtet? .. A • Q ? .?yL?`4ZPiltA lmzvt? 01 .' 0h? Gov ..? `Uat°' ?? a' NORTH CAROLINA DIVISION FINAL NATIONWIDE SECTION 4(f) EVALUATION AND APPROVAL FOR FEDERALLY-AIDED HIGHWAY PROJECTS WITH MINOR INVOLVEMENT WITH PUBLIC PARKS, RECREATION LANDS, AND WILDLIFE AND WATERFOWL REFUGES F. A. Project STP-OOOS(72) State Project 8.2672601 T. I. P. No. U-2508 Description: Minor taking of land from lands owned by Mecklenburg County Parks and Recreation Department, located east of US 29 and adjacent to Mallard Creek Church Road.. Mecklenburg County. Yes No x 1. Is the proposed project designed to improve the operational characteristics, safety, and/or physical condition of existing highway facilities on X_ F essentially the same location? 2. Is the project on new location? ? 3. Is the Section 4(f) land a publicly owned public park, recreation land, or ? ? wildlife and waterfowl refuge located adjacent to the existing highway? 4. Does the amount and location of the land to be used impair the use of the remaining Section 4(f) land, in whole or in part, for its intended purpose? (See chart below) Total size of section 4(f) site Maximum to be acquired less than 10 acres ................10 percent of site 10 acres-100 acres ................ 1 acre greater than 100 acres ............ 1 percent of site 5. Do the proximity impacts of the project (e.g., noise, air and water pollution, wildlife and habitat effects, aesthetic values) on the remaining Section 4(f) ? X land impair the use of such land for its intended purpose? Yes No 6. Do the officials having jurisdiction over the Section 4(f) land agree, in writing, with the assessment of the impacts of the proposed project on, and the proposed mitigation for, the Section X 4(f) lands? 7. Does the project use land from a site purchased or improved with funds under the Land and Water Conservation Act (Section 6(f)), the Federal Aid in Fish Restoration Act (Dingell-Johnson Act)., the Federal Aid in Wildlife Act (Pittman-Robertson Act), or similar laws, or are the lands otherwise encumbered with a Federal interest (e.g., former Federal surplus property)? 8. If the project involves lands described in Item 7 above, does the appropriate Federal Agency object to the land NR conversion or transfer? 9. Does the project require preparation of ? an EIS? ALTERNATIVES CONSIDERED AND FOUND NOT TO BE FEASIBLE AND PRUDENT The following alternatives were evaluated and found not to be feasible and prudent: Yes No 1. Do-nothing. ? Does the "do nothing" alternative: ? x (a) correct capacity deficiencies? - F-1 " or (b) correct existing safety hazards? F-1 x or (c) correct deteriorated conditions9 . and (d) create costs, unusual problems, or X ? impacts of extraordinary measure? R 2. Improvement of the highway without us_in the adjacent Public park, recreational land, or wildlife waterfowl refuge. (a) Have minor alignment shifts, changes in standards, use of retaining walls, etc., or traffic management measures been evaluated? (b) The items in 2(a),would result in (circle, as appropriate) (i) substantial adverse community impact or (ii) substantial increased costs or (iii) unique engineering, transportation, maintenance, or safety problems or iv) substantial social, environmental, or economic impacts or (v) a project which does not meet the need and (vi) impacts, costs, or problems which are of extraordinary magnitude Yes No X ? x? Yes No 3. Build an improved facility on new location without using the public park. ? recreational land, or wildlife and waterfowl refuge. (This would be a localized "run around.") (a) An alternate on new location would result in: (circle, as appropriate) {i) a project which does not solve the existing problems or (ii) substantial social, environmental, or economic impacts or (iii) a substantial increase in project cost or engineering difficulties and (iv) such,impacts, costs, or difficulties of truly unusual or unique or extraordinary magnitude i MINIMIZATION OF HARM 1. The project includes all possible planning to minimize harm. 2. Measures to minimize harm include the following: (circle those which are_ appropriate)' a. Replacement of lands used with lands of reasonably equivalent usefulness and location and of at least comparable value. b ?- Replacement of facilities impacted by the project including sidewalks, paths, benches, lights, trees, and other facilities. O Restoration and landscaping of disturbed areas. d. Incorporation of design features and habitat features, where necessary, to reduce or minimize impacts to the section 4(f) property. O Payment of the fair market value of the land and improvements taken or improvements to the remaining Section 4(f) site equal to the fair market value of the land and improvements taken. Yes No X ? ?-/ 0 Additional or alternative mitigation measures as determined necessary based on consultation with the officials having jurisdiction over the parkland, recreation area, or wildlife on waterfowl refuge. t 3. A discussion of specific mitigation measures is provided as follows: During construction, traffic control measures will be taken to prevent interference with access to or operations of the athletic fields belonging to the Mecklenburg County Parks and Recreation Department. Any disturbed areas will be restored and landscaped. Note: Any response in a box requires additional information prior to approval. Consult. Nationwide 4(f) evaluation. COORDINATION The proposed project has been coordinated with the following (attach correspondence): a. Officials having jurisdiction over x the Section 4(f) Land b. Local/State/Federal Agencies X C. US Coast Guard (for bridges requiring bridge permits) d. DOI, if Section 6(f) lands are involved SUMMARY AND APPROVAL The project meets all criteria included in the programmatic 4(f) evaluation approved on December 23, 1986. All required alternatives have been evaluated and the findings made are clearly applicable to this project. There are no feasible or prudent alternatives which avoid use of the Section 4(f) land. The project includes all possible planning to minimize harm, and there are assurances that the measures to minimize harm will be incorporated in the project. All appropriate coordination has been successfully completed. Approved: I 1-22-94 VaLC // /,?, I 11!f- Date Manager, Planning & Environmental Branch NCDOT i ivision Administrator, FHWA a L MECKLENBURG COUNTY Park and Recreation Department October 8, 1993 Mr. Ted Devens, P.E. Planning & Environmental Branch NCDOT P.O. Box 25201 Raleigh, NC 27611-5201 Subject: TIP Project U-2508, County Property at Mallard Creek Dear Mr. Devins: Mecklenburg County's Park and Recreation Department owns property on both sides of Mallard Creek Church Road along Mallard Creek. The land is intended to be part of the Mallard Creek greenway system, part of which is now under construction. The greenway system for the County has multiple uses on its land. These uses include bicycle and pedestrian trails, natural areas, and in some locations open play fields for active recreation. One component of our natural area preservation program is wetlands preservation and enhancement. The County has already discussed with NCDOT the possibility of enhancing the wetlands along the creek on the southwest side of Mallard Creek Church Road. As part of that enhancement, NCDOT agreed to build a boardwalk in the wetlands. This will maintain the integrity of the trail system along the greenway and allow the use of the wetlands as an educational tool. Upon investigation of appropriate uses for the county land on the northeast side, we have determined that a portion of it is well suited for wetlands preservation. The proximity of this land to elementary schools in the area and to UNCC offers a unique opportunity for educational benefits from a wetlands enhancement program. NCDOT has already agreed to construct an underpass under Mallard Creek Church Rd to allow the passage of the trail system along the creek. This underpass and boardwalk system must be constructed to AASHTO bikeway design standards as are the trails along the rest of our greenway system. 700 N. Tryon Street • Charlotte, North Carolina 28202 • (704) 336-3854 • FAX (704) 336-4391 ! All services are available without regard to origin, sex, or disability Mr. Ted Devens, P.E. October 8, 1993 page, 2 The Mecklenburg County Park and Recreation Department recognizes that additional right-of-way through the County property is necessary for the widening of Mallard Creek Church Road. The department believes that an NCDOT contribution toward wetlands enhancement on the northeast side of the road and appropriate trail construction on that property will be adequate compensation for the right-of-way and will be in keeping with County's long term goals for the property. We will recommend that position to the Park and Recreation Commission. We understand that there has been discussion of.making the outer lanes of the project wide enough to allow joint use with bicycles. We strongly support this concept as being an opportunity to further the linkage between the University and the educational opportunity of these wetlands as well as furthering the County's promotion of bicycling as an environmentally responsible mode of transportation. If we can answer any questions or furnish you with any additional information, please contact me at (704) 336-5481 or Bill Coxe at (704) 336-3745. Sincerely, ) le??11 Nancy M.? Brunnemer Park Planner NMB/WSC/la cc: Mr. William S. Coxe Appendix C FHWA Noise Abatement Criteria TABLE N2 NOISE ABATEMENT CRITERIA Hourly A-Weighted Sound Level - decibels (dBA) Activity Category Leq(h) Description of Activity Category A 57 Lands on which serenity and quiet are of extraordinary significance and serve an important public (Exterior) need and where the preservation of those qualities is essential if the area is to continue to serve its intended purpose. B 67 Picnic areas, recreation areas, playgrounds, active sports areas, parks, residences, motels, (Exterior) hotels, schools, churches, libraries, and hospitals. C 72 Developed lands, properties, or activities not included in Categories A or B above. (Exterior) D -- Undeveloped lands E 52 Residences, motels, hotels, public meeting roasts, schools, churches, libraries, hospitals, and (Interior) auditoriums. Source: Title 23 Code of Federal Regulations (CPR) Part 772, U. S. Department of Transportation, Federal Highway Administration DEFINITION OF SUBSTANTIAL INCREASE Hourly A-Weighted Sound Level - decibels (dBA) t Existing Noise Level increase in dBA from Existing Noise in Leq(h) Levels to Future Noise Levels < 50 > 15 > 50 > 10 Source: North Carolina Department of Transportation Noise Abatement Guidelines. Appendix D Additional Comments/Coordination RELOCATION REPORT North Carolina Department of Transportation ION OFFICE Fx-? E.I.S. CORRIDOR F-1 DESIGN MANAGER OF FR IGHT nC7 tArn.. 1, ...?- . PROJECT: 8.2671601 COUNTY I Mecidenburg Alternate 'B' Sect' n I.D. NO.: U-2508 F.A. PROJECT ST? 0005 72) DESCRIPTION OF PROJECT: Mallard Creek Church Road from Interstate 85 to U 29 : :: S i lYl#:TEII AISFi ?AGI;I ::::..... ..... . F.. . . ; 71 : ::::::: Type of I Dis lacees Owners Tenants Total Minorities 0-15M 15-25M 25-35M 35-50M 50 UP Individuals 0 0 0 0 0 0 0 0 0 Families 3 0 3 0 0 2 I, 0 0 Businesses 0 0 0 0 i*3:u: :; iiiatt ::::::::::::::::: . . . . . ::::::::::savEt vaBZ :::::::; Farms 0 0 0 0 Owners Tenants For Sale For Rent Non-Profit 0 0 0 0 0-20M 2 SO-150 0 0 20M , 3 SO-1501, 0 ..:.................... . ?S'tM:i k .QtTJCSkXONIS .:.::= 20-40M 1 150-250 I 0 20-40M 19 ><so-2so 2 Yes No E lain all "YES" answers. 40-70M 0 250 400 0 40-70M 135 250-400 22 x 1. Will special relocation services be necessary? 70-IOOM 0 400-600 0 70-IOOM .197 400-600 30 x 2. Will schools or churches be affect by loo UP 0 600u" 0 100 uP 123 600 uP 4 displacement? TOTAL 3 0 477 58 x 3. ..1. Will business services still be available after . . . . . . ::,: ...... .... ... . ... . . . .:.. ,.._:..,.._._..._.......:._........... . .............. ._..:: itEM: Res Qad:b? .:?fwtabec _.:._. project? x 4. Will any business be displaced? If so, 3. No permanent displacement of businesses. indicate size, type, estimated number of employees, minorities, etc. 6. NILS service, Realtors, newspapers, real estate x 5. Will relocation cause a housing shortage? publications, on-ground investigation. 6. .............. Source for available housing (list). x 7. Will additional housing programs needed? S. Will be implemented as necessary. x 8. Should Last Resort Housing be considered? x 9. Are there large, disabled, elderly, etc. 11. Public housing is available in the city and county. families? x 10. Will public housing be needed for project? 12. Given adequate lead time, it is felt D.S.S. housing will be x 11. Is public housing available? 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 source). 15. Number months estimated to complete RELOCATION? Nine i.6- : t/-- Relocation Agent Date Form 154 Revised 990 Approved by Date Original & 1 Copy: State Relocation Agent 2 Copy Area Relocation Office IF-RELOCATION REPORT North Carolina Department of Transportation AREA RELOCATION OFFICE El E.I.S. El CORRIDOR E] DESIGN PROJECT: 8.2671601 CONY MeddenbuIg CURB & GUTTER SHIFTED AWAY FROM HOMES I.D. NO.: U-2508 C F.A. PROJECT STP 0005 72) DESCRIPTION OF PROJECT: Mallard Creek Church Road from US 29 to NC 49 :• :. ............... .............. ............. .... .... .... ............................................................... ................................................................ M.A. D.tTtSP `` ::: :::.::: ................................................................. ............. .............. :: ;::: :=: ;::: .............. ............................................................................ ........................................................................... ::::::::::< :I L t?? ::::::::: :::::::::::::: ;::::::::::::::::::::::::::: ........................................................................... Type of I i 7 Dis lacees Owners Tenants Total Minorities 0-15M 1- M 25-35M 35-50M 50 UP Individuals ( 0 0 0 0 0 0 0 0 0 Families 0 0 0 0 0 i 0 0 0 0 Businesses 0 0 0 0 ::::::::::::: VAE3; }N::::::::: .:::::::SS:CrAAlL:::: Farms 0 0 0 0 Owners Tenants For Sale For Rent Non-Profit 0 0 0 0 0-20M i 0 $0-150 0 0-20M 3 s 0-150. 0 : :::::=: = :AW&M t: aYa::Q s tt (5:::::=::::; ::::::=:::: 20-4oM 0 150-250 0 20-40M I 19 150-2501 2 Yes No E xpLdn all "YES" answers 40-70M 0 2s0-400 0 40-70M i 135 250-400 1 22 1. Will special relocation services be necessary? 70-300M i 0 400-600 0 70-100M 197 400-600 30 2. Will schools or churches be affect by 100 UP 0 600.11F 0 100 up ' 123 600 UP { 4 displacement? TOTAL 0 0 477 58 . 3. Will business services still be available after .............. > s EI: = b riiiii4ti :: .:.. ` . _ : ... :... ............................. ................................... •::•::.:•:::::: project? 4. Will any business be displaced? If so, NO DISPLACEES indicate size, type, estimated number of employees, minorities, etc. 5. Will relocation cause a housing shortage? 6. Source for available housing (list). 7. Will additional housing programs needed? 8. Should Last Resort Housing be considered? j 9. Are there large, disabled, elderly, etc. 10. families? Will public housing be needed for project? ' 11. Is public housing available? 12. Is it felt there will be adequate DSS housing housing available during relocation period? ° I 13. Will there be a problem of housing within . financial means? j 14. Are suitable business sites available (list source). .; '... f , 15. Number months estimated to complete RELOCATION . ;.,' LI' /Cv Ol, ' ' 00, A ?-. Xcl??? 5 =9 Relocation Agent Date F=15 4 Revised 5190 yy?9ONMEt?C P?.". /0C 4?? Approved by Date Original & 1 Copy: State Relocation Agent Z Copy Area Relocation Office 1 RELOCATION REPORT North Carolina Department of Transportation AREA RELOCATION OFFICE EIE.I.S. El CORRIDOR F? DESIGN, PROJECT: i 8.2671601 COUNTY ! Mecklenburg Old Mallard Creek Church Rd. Realignment I.D. NO.: U-2508 C F.A. PROJECT STP 0005 72 DESCRIPTION OF PROJECT: Mallard Creek Church Road from US 29 to NC 49 ............... ............. :::::: .:..:::: .... .... :::. ............................................................... ................................................................ :.:::....... -..................:...........::::.::.:::::::.::.::.. ........... ...... .. _ ......... ....................................................................... ............. :::.::...............:......::::.::::.:...:.........-._..._ ..... .....- Type of I Dis lacees Owners Tenants Total Minorities 0-15M I 15-25M 25-35M 50 UP 35-50M Individuals 0 0 0 0 0` 0 0 0 0 Families 0 0 0 0 0 0 0 01 0 Businesses 0 0 0 0 « :>: ?A+I:i[M...><. ...................... ...... T;itslf? :...... . ...................... ....:::D?SI ........... Yl'€MING:AVAI i:E? ............................. : :,:.: ..... Farms 0 0 0 0 Owners Tenants For Sale For Rent Non-Profit 0 0 0 0 0-20M 0 $ 0-150 0 0-20M 3 s 0-150 o ::::aNSS R !;t::kt St F? ?5........... >:::::::= : 20-40M , 0 IW250 0 20-40M 19 150-250 2 Yes No E lain all "YES" answers. 40-70M 0 z3o aoo 0 40-70M 135 250-400 22 1. Will special relocation services be necessary? 70-1003A 0 400-600 0 70-Io0M 197 400-600 30 2. Will schools or churches be affect by 100 up 0 60O .Up 0 100 uP I 123 600 up I 4 displacement? TOTAL 0 0 477 58 3. ::: ;:-::::: Will business services still be available after ::; :: ; :::::::.........:..............................:........................... :.:.:.::::.:::. .... . :::. project? 4. Will any business be displaced? If so, a NO DISPLACEMENT indicate size, type, estimated number of employees, minorities, etc. 5. Will relocation cause a housing shortage? 6. Source for available housing (list). ', . Will additional housing programs needed? 8. Should Last Resort Housing be considered? 9. Are there large, disabled, elderly, etc. families? 10. Will public housing be needed for project? 11. Is public housing available? 12. Is it felt there will be adequate DSS housing 13. housing available during relocation period? Will there be a problem of housing within financial means? 14. Are suitable business sites available (list ?.' source). 15. Number months estimated to complete RELOCATION? I Relocation Agent Date Form 15.4 Revised 5190 Approved by Date Original & 1 Copy: State Relocation Agent 2 Copy Area Relocation Office RELOCATION REPORT North Carolina Department of Transportation AREA RELOCATION OFFICE E.I.S. 1:1 CORRIDOR F? DESIGN PROJECT: 8.2671601 COUNTY Mecklenburg OLD CONCORD RD. REALIGINTMENT I.D. NO.: U-2508 C F.A. PROJECT STP 0005 72 DESCRIPTION OF PROJECT: Mallard Creek Church Road from US 29 to NC 49 ................................................... :=:=::t< 1 1T D I?I;S#'# ACEI :=::= :: ................ ::: >` ::::: i?tGf?7VIE I E. ..:::::.::::::::: <::::::::::::::::::::::::::: Type of Dis lacees Owners Tenants Total Minorities 0-15M 15-25M 25-35M , 35-50M , 50 LTP Individuals 0 1 0 0 0 0 0 1 0 0, 0 Families 2 0 2 0 0 . 0 2, 0 0 Businesses 0 0 0 0 :::::vF_ pax: .................... :::::::: ............................................ Farms 0 0 0 0 Owners Tenants. For Sale For Rent Non-Profit 0 0 0 0 0-20M 0 SO-1501. 0 0-20M 3 $ 0-150 0 ............. ........ ...A, iS ?R#dr:? :::;=: : =: 20.401M 0 150.250 a 20-40M 19 150.250 2 Yes No E xplain all "I'E,S" answers. 40-70M 2 250.400 40-70M 135 250.400 22 x I. Will special relocation services be necessary? 70-1o0M 0 70-100M 197 400-600 30 x 2. Will schools or churches be affect by LA 100 UP I p loo uP i 123 600 up 1 4 displacement? TOTS 2 477 58 x 3. Will business services still be available after :..... . . . . . . . . . . . . . . . . . . . ...... . :: - s's: project? x 4. Will any business be displaced? If so, 3. No business displaced. indicate size, type, estimated number of employees, minorities, etc. 6. MLS, newspaper, real estate publications x 5. Will relocation cause a housing shortage? 6. Source for available housing (list). S. If necessary, Last Resort Housing will be administered i x 7. Will additional housing programs needed? according to state law. x 8. Should Last Resort Housing be considered? x 9. Are there large, disabled, elderly, etc. 11. Public housing is available in Charlotte-Mecklenburg. families? x 10. Will public housing be needed for project? 12. If current housing trends continue, adequate housing will x . 11. Is public housing available? available. x 12. Is it felt there will be adequate DSS housing housing available during relocation period? 14. No business displaced x 13. Will there be a problem of housing within •' ' financial means? x I 14. Are suitable business sites available (list .• •. source). 15. Number months estimated to com fete RELOCATION? 6 months l Relocation Agent Dale Form 15.4 Revised SM Approved by Original & 1 Copy: 2 Copy -/? -HIV Date State Relocation Agent Area Relocation Office dN e r??o? G E I LF North Carolina Department of Cultural Resour NW 1 6 1993 Z James B. Hunt, Jr., Governor Divisiof pistory Betty Ray McCain, Secretary Will ?i r..' Director November 12, 1993 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: Archaeological survey report for SR 2472 from SR 2681 to US 29, from US 29 to NC 49, U-2508, Mecklenburg County, ER 94-7748 Dear Mr. Graf: Thank you for your letter of October 27, 1993, transmitting the archaeological survey report concerning the above project. For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that the following properties are not eligible for the National Register of Historic Places due to lack of integrity: 31 MK627, 31 MK628, 31 MK629, 31 MK630 In general the report meets our office's guidelines and those of the Secretary of the Interior. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 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, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sincerely, VDav"id Brook Deputy State Historic Preservation Officer DB:slw cc: ?H. F. Vick T. Padgett 109 East Jones Street • Raleigh, North Carolina 27601-2807 North Carolina Department of Cultural James B. Hunt, Jr., Governor Betty Ray McCain, Secretary October 27, 1994 Nicholas L. Graf Division Administrator Federal Highway Administration Department of Transportation 310 New Bern Avenue Raleigh, N.C. 27601-1442 Re: SR 2472 from SR 2681 to US 29, from US 29 to NC 49, Mallard Creek Church Road, Mecklenburg. County, U-2508, Federal-Aid STP-OOOS(33), State 8.2672601, GS 93-0024, ER 95-7584 Dear Mr. Graf: y%,#&. I k (trek b _"V 0 1 .1994 z )urces 2p DIVISICV 01: d' HIGHW Division of and William S. Thank you for your letter of September 30, 1994, transmitting the supplemental archaeological survey report by Thomas Padgett, North Carolina Department of Transportation, concerning the above project. In general the report meets our office's guidelines and those of the Secretary of the Interior. Based upon our review and the lack of identified cultural resources within the proposed project area, we believe the project will not affect archaeological sites which might be eligible for listing in the National Register of Historic Places. The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966 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, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. Sipcer*, P11 ali Brook Deputy State Historic Preservation Officer DB:slw / cc: H. F. Vick T. Padgett F? ?=J 109 East Jones Street • Raleigh, North Carolina 27601-2807 QR DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO April 19, 1993 Regulatory Branch Action ID. 199301268 Mr. L.J. Ward Planning and Environmental Branch NC Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Ward: This is in response to your letter of February 4, 1993 requesting our comments on the proposed widening of Mallard Creek Church Road (SR 2472 and 2833) from Interstate Highway 85 to NC Highway 49 northeast of Charlotte, Mecklenburg County, North Carolina (TIP Project U-2508). The proposed project crosses property adjacent to Mallard Creek which has been identified as a mitigation area under Department of the Army (DA) permit No. 199200013 issued to the North Carolina Department of Transportation on May 19, 1992 for construction of a portion of the Charlotte Outer Loop Highway. As you are aware, under the terms and conditions of this permit mitigation is to be accomplished on 10.5 acres of this property located on both sides of Mallard Creek Church Road. Widening of this road will reduce the amount of area available for mitigation and result in a.violation of the permit conditions unless suitable replacement area can be found and agreed to prior to any right-of-way aquisition or construction. A written permit modification request must be submitted to this office for review well in advance of any contracting deadlines. The proposed widening is also likely to affect forested wetlands outside of the mitigation area triggering additional DA permit requirements. We would anticipate additional mitigation requirements for new impacts at a 2:1 ratio. We recommend that impacts to the mitigation area as well as wetlands be minimized by utilizing the existing bridge and approaches and eliminating any medians at the Mallard Creek crossing. If you have any questions, please contact Mr. Steven Lund of my Asheville staff at telephone (704) 259-0857. Sincerely, ?ieV a Wrig t Regulatory Branch APR 2 1 M z DIVISION OF- G'CP HIGHWAYS d?(]t \ DEPARTMENT OF THE ARMY / WILMINGTON DISTRICT, CORPS OF ENGINEERS 1 ,. P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO April 15, 1993 Planning Division C E / V Mr. L. J. Ward, P.E., Manager -U APR 19 1993 Planning and Environmental Branch 2 Division of Highways Z DIVISICN OF North Carolina Department 2 Q of Transportation HIGHWAYS Post Office Box 25201'IgpNr`?P Raleigh, North Carolina 27611-5201 Dear Mr. Ward: This is in response to your letter of February 4, 1993, requesting our comments on the proposed modification to "Mallard Creek Church Road (SR 2472) From I-85 to US 29, (SR 2833) From US 29 to NC 49, Mecklenburg County, TIP Project U-2508" (Regulatory Branch Action I.D. No. 199301268). Our comments, from the U.S. Army Corps of Engineers (COE) perspective, involve impacts to COE projects, flood plains, and other environmental aspects, primarily waters and wetlands. The proposed project would not involve any COE constructed navigation or flood control project. The proposed project is sited in Mecklenburg County, which participates in the Federal Flood Insurance Program. The roadway crosses Mallard Creek, which has been studied by detailed methods with the 100-year flood elevations determined and a floodway defined. The hydraulic effects on the 100-year flood level and floodway should be addressed in the environmental document. The final project's-hydraulic effects should be coordinated with Mecklenburg County for compliance with their flood plain ordinance and possible revision to their flood insurance maps and report. Executive Order 11988 should also be complied with. Our Regulatory Branch has also reviewed your letter and has the following comments. The proposed project crosses property adjacent to Mallard Creek which has been identified as a mitigation area under Department of the Army (DA) Permit No. 199200013 issued to the North Carolina Department of Transportation on May 19, 1992, for construction of a portion of the Charlotte Outer Loop Highway. As you are aware, under the terms and conditions of that permit, mitigation is to be accomplished on 10.5 acres of this property located on both sides of Mallard Creek Church Road. Widening of this road will reduce the amount of area avail- able for mitigation and result in a violation of the permit conditions unless suitable replacement area can be found and agreed to prior to any right-of-way acquisition or construction. A written permit modification -2- request must be submitted to this office for review well in advance of any contracting deadlines. The proposed widening is also likely to affect forested wetlands outside of the mitigation area triggering additional DA permit requirements. We would anticipate additional mitigation requirements for new impacts at a 2:1 ratio. We recommend that impacts to the mitigation area as well as wetlands be minimized by utilizing the existing bridge and approaches and eliminating any medians at the Mallard Creek crossing. If you have any questions concerning permits, please contact Mr. Steven Lund of our Asheville Field Office, Regulatory Branch, at telephone (704) 259-0857. We appreciate the opportunity to comment on this project. If we can be of further assistance to you, please do not hesitate to contact us. Sincerely, Lawrence W. Saunders Chief, Planning Division CHARLOTTE - MECKLENBURG PLANNING COMMISSION March 3, 1993 Mr. Ted Devens, P.E. Planning & Environmental Unit North Carolina Department of Transportation P.O. Box 25201 Raleigh, NC 27611-5201 Subject: Mallard Creek Church Road Widening, I-85 to NC 49, TIP Project U-2508,1 Environmental Assessment Dear Mr.Devens: On February 17, 1993, the Mecklenburg-Union Technical Coordinating Committee met and discussed the proposed widening of Mallard Creek Church Road between I-85 and NC 49. The TCC agreed that the following issues should be addressed during the planning and construction of this project: 1) Mallard Creek Church Road from I-85 to NC 49 is designated a major thoroughfare on our mutually adopted Thoroughfare Plan. Approximately half way between US 29 and NC 49, a proposed major thoroughfare known as the "Eastern Circumferential" intersects Mallard Creek Church Road. In the future, the major volume movement is anticipated to be handled on the Eastern Circumferential. A map showing the locally identified alignment for this thoroughfare is attached. It is the TCC's belief that the proposed project should involve widening the existing road from I-85 to the Eastern Circumferential and then building the Eastern Circumferential to NC 49 with minimal improvements to the remainder of existing Mallard Creek Church Road. Widening the existing road all the way would provide great pressure to extend it as the Eastern Circumferential in an undesirable location. If funding is a problem, perhaps only two lanes of the Eastern Circumferential could be built off-center on four lanes of right-of-way. 2) The standard right-of-way width for a major thoroughfare is 100 feet. 600 East Fourth Street • Charlotte, North Carolina 28202-2853 • (704) 336-2205 Mr. Ted Devens March 3, 1993 Page. 2 3) The design speed for both roadways should be 50 miles per hour. We strongly prefer no greater than .04 superelevation in the urban area. 4) A median divided curb and gutter cross-section is strongly preferred. We recognize that in this college area, bicycle and pedestrian traffic is high. We recommend that four lane sections have 25 feet of asphalt on either side of the median to provide for an 11 foot wide median lane and a 14 foot wide outside lane for joint use by bicycles and motorized vehicles. Sidewalks should be installed on both sides throughout the project. Landscaping similar in character to that installed on the portion of Mallard Creek Church Road between I-85 and Mallard Creek Road should be installed on this project. A proposed typical cross-section is attached. 5) Mecklenburg County owns land adjacent to Mallard Creek just southeast of US 29. Part of the land on the northeast side of the road is being used for soccer fields. The rest of the property is to be used in the County's greenway system. It is crucial that passage for the greenway's trail system be provided as a grade-separated underpass designed to AASHTO bikeway standards as part of NCDOT's reconstruction of the creek crossing. Also, the County has agreed to deed to NCDOT a covenant on one of these tracts to allow its use for wetlands mitigation for a different project. Maps and correspondence pertaining to these issues are attached. Ms. Nancy Brunnemer of our Park and Recreation Department can be reached at (704) 336-3854 for further information. 6) The crossing of Mallard Creek involves the 100 year floodway regulations. Review and consent of the Mecklenburg County Engineering Department is required for this crossing. Please contact Mr. Dave Canaan of that department at (704) 336-3736 for details. 7) The Mecklenburg County Department of Environmental Protection (D.E.P.) has expressed concerns about impacts to the water quality of Mallard Creek during the construction of the project. They request that NCDOT use the best available ` techniques for erosion and siltation control on the creek crossing and that they stay on top of the contractor to ensure maintenance of these techniques. D.E.P. will probably monitor the water quality in this creek during the construction period. 8) The W. T. Alexander homesite, a designated historic landmark, lies in the northern quadrant of the intersection of US 29 and Mallard Creek Church Road. A copy of the research report on Mr. Ted Devens March 3, 1993 Page.3. this site is attached. You may wish to contact Dr. Dan Morrill of our Historic Landmarks Commission at (704) 376-9115 for further information. 9) Directly across Mallard Creek Church Road from the Alexander homesite lies the site of a future shopping center, office - park, and multi-family development. A copy of its conditional zoning plan is attached. We have not yet received any requests for detailed development approval on the property. 10) Between US 29 and NC 49, right-of-way has been preserved for future widening in front of several projects. Copies of appropriate site plans or recorded plats are attached. We appreciate the opportunity to comment on the issues surrounding the widening of Mallard Creek Church Road and welcome further discussion of any-of them. We recognize the need for and support the construction of a quality multi-modal transportation project in this sensitive corridor. If you have questions, please contact Bill Coxe of the Mecklenburg County Engineering Department at (704) 336-3745. Si cerely, Robert N. Pressley, P.E. Chairman, Mecklenburg-Union Technical Coordinating Committee attachments (Devens only) RNP/WSC cc: Metropolitan Planning organization members Technical Coordinating Committee members Chancellor J. H. Woodward Ms. Nancy Brunnemer Dr. Dan Morrill Mr. Tom Norman s ?r~ `w V MAR 3 0 1993 X erkl enhurg Toun#i ?z 2 DIVISION OF Q Poarb of Tounty Tommissioners HIGHWAYS ?? (Q1iMrlottc, ?dartif (tlttrolintt 28202 FN?R?rI?P?' Telep4one 704-336-2472 H. PARKS HELMS CHAIRMAN March 18, 1993 Mr. L. J. Ward, P.E. Planning and Environmental Branch North Carolina Department of Transportation Post Office Box 25201 Raleigh, North Carolina 27611-5201 Subject: Mallard Creek Church Road (SR 2472 and 2833) Widening From I-85 to NC 49, TIP Project U-2508 Dear Mr. Ward: Mecklenburg County appreciates the opportunity to comment on the widening of Mallard Creek Church Road between I-85 and NC 49. Our staff comments have been coordinated through the Mecklenburg-Union Technical Coordinating Committee in their letter dated March 3, 1993. The integration of this project into the fabric of the community through which it passes is the primary concern of Mecklenburg County. This involves careful attention to impacts to the historic Alexander homesite at US 29 and to the County's parkland and greenway along Mallard Creek. Bicycle and pedestrian traffic is growing near the campus of the University of North Carolina at Charlotte. Twenty-five (25) feet of pavement and creative striping would allow joint usage by bicycles and vehicles while sidewalks would allow safe pedestrian movement. We request that NCDOT include these provisions in the project. A permit is necessary for the crossing of the 100 year floodplain of Mallard Creek. Details can be obtained through Dave Canaan of our Engineering Department at (704) 336-3736. AL A, AIL AL _a, a, 671 _ ._ n _Q_ Mr. L. J. Ward March 18, 1993 Page, 2 The adopted Thoroughfare Plan shows the Eastern Circumferential leaving the alignment of existing Mallard Creek Church Road approximately half way between US 29 and NC 49. Since this facility is intended to handle the majority of traffic in this area in the future, Mecklenburg County requests that NCDOT construct it down to NC 49 instead of extensive widening and straightening of Mallard Creek Church Road's existing alignment. Mecklenburg County supports the widening and improvement of Mallard Creek Church Road to a facility which will serve the mixture of trips in this area as further growth occurs. If we can be of any assistance, please contact Bill Coxe of our Engineering Department at 336-3745. in ly, arks Helms, Chairman ecklenburg County Commission HPH/WSC cc: Dave Canaan Bill Coxe AL r L r i J? a r a a AIL a ` r . a LN TTE The University of North Carolina at Charlotte Charlotte, N.C. 26223 Vice Chancellor for May 4, 1994 Business Affairs Telephone 704/547-2234 Fax 704/547-2144 Mr. Ted Devens, P.E. North Carolina Department of Transportation Planning and Environmental Branch Post Office Box 25201 Raleigh, North Carolina 27611 Dear Mr. Devens: Your willingness to meet with Vice Chancellor Ed Kizer on April 26, 1994, to discuss UNC Charlotte's position regarding the NC DOT proposal to widen and realign Mallard Creek Church Road between Highway 29 and Highway 49 is appreciated. Earlier Ed and I met with Mr. Donald Spence, District Engineer, NC DOT, and outlined the University's position on this matter. I thought it might be helpful for you to have a statement of the University's position on the widening of Mallard Creek Church Road in writing. We recognize the need for the widening of Mallard Creek Church Road connecting Highway 29 and Highway 49. However, we would like to see this done in a way which preserves the "local street" character of the southern portion of the current segment of Mallard Creek Church Road between Highways 29 and 49. The University owns about 130 acres of land across Mallard Creek Church Road from the main campus. We are currently in the process of developing a Campus Master Facilities Plan which :N- l': likely plucc student housing in this area. Moreover, the privately owned student housing which has been and is being developed on the east side of Mallard Creek Church Road, with the resulting heavy pedestrian and bicycle traffic between the housing sites and the main campus, makes a strong case for preserving the southern portion of Mallard Creek Church Road as a local street. We strongly favor the proposal which would widen Mallard Creek Church Road from Highway 29 to a point near its interaction with Mary Alexander Road and connecting there to a new four-lane spur to the east connecting to Highway 49. (This is the proposal which we understand has been incorporated into the Thoroughfare Plan as part of the Eastern Circumferential system.) We believe adoption of this plan would divert through traffic away from the University and permit future development of private student housing and campus components across Mallard Creek Church Road with appropriate access to the main campus. Mr. Ted Evans May 4, 1994 Page Two We would very much appreciate your incorporating the University's position into your study/findings and supporting this position in future deliberations on this matter. If you would like additional information on our position regarding Mallard Creek Church Road or , our Campus Master Facilities Plan, please let me know. Thank you again for your consideration. Sincerely, Olen B. Smi , Jr. Interim Vice Chancellor for Business Affairs OBS/rf cc: Mr. R. Edward Kizer Charlotte-Mecklenburg Historic Landmarks February 3, 1993 Ted Devens State of North Carolina Department Of Transportation Division of Highways P.O. Box 25201 Raleigh, N.C. 27611-5201 I FEB 1993 Dear Mr. Devens: Re: T.I.P. Number U-2508 Please find enclosed a letter prepared by Ms. Frances Alexander, a consultant for the Historic Landmarks Commission. Thank you for providing us an opportunity to submit this convent. S ncerely, Dr. Dan L. Morrill Consulting Director encl. cc: Louis A. Bledsoe III, HLC Chairman P.O. BOX 35434 • CHARLOTTE, N.C. 28235 • (704) 376-9115 • FAX' (704) 372-4584 Frances P. Alexander 240 South Laurel Avenue, Apt. 2 Charlotte, North Carolina 28207 January 29, 1993 Dan L. Morrill Charlotte-Mecklenburg Historic Landmarks Commission P.O. Box 35434 Charlotte, North Carolina 28235 Re: Environmental Review - Nlallard Creek Church Road Project T.I.P. No. U-2508 Dear Dan: Thank you f'or asking me to comment on the N.C.D.O.T. project to widen Mallard Creek Church Road between 1-85 and N.C. 49. 1 am writing in response to an agency request for information about historic sites and properties in the project area. In general, there are few identified properties within the scope of this project, a's outlined in the N.C.D.O.T. letter of 18 December 1992. Along N.C. 49, there are five properties which are in the general area, but would probably fall outside the area of' potential effects. These five properties were identified during the survey,of Mecklenburg County, and none of the properties has been locally designated or listed in the National Register. The properties along N.C. 49 are: Roland House (Survey Site No. 1281), Helms House (No. 1264), Back Creek Associate Reform Presbyterian Church (No. 1255), Back Creek Parsonage (No. 1256), and the Back Creek Schoolhouse (No. 1257). At the opposite end of the corridor, west of 1-85, are the Mallard Creek Presbyterian Church and Cemetery (No. 1274). Separated from the project area by the 1-85 interchange, the church and. cemetery would probably fall outside the project area. In addition, the church building has been altered several times since its 1856 construction and probably does not retain enough integrity for historical designation despite its importance to this historic community. On the other hand, the church cemetery contains mid-nineteenth century gravestones, which correspond to the founding of the church in 1824. Within the project area are two properties which are locally designated historic sites. The W.T. Alexander House (No. 1254) and the Alexander Slave Cemetery (No. 0'210). The Alexander House is located on the northeast side of Mallard Creek Church Road, west of Hwy. 29, and the cemetery is situated across Mallard Creek Church Road from the house. 't'hese two sites are of great importance to the history of Mecklenburg County. The Alexander House, reputedly built in 1799, was the seat of a 935 acre, antebellum cotton plantation owned by a prominent local family. Architecturally, the house is a rare eighteenth century survivor as well as one of the finest Federal farmhouses remaining in this rapidly urbanizing county. The slave cemetery, associated with this plantation, is undoubtedly one of' thc_ few African-American slave cemeteries remaining in the Piedmont, where slavery was less prevalent than in other areas of the South. The geographical relationship between the farmhouse and the cemetery is an essential element in the significance of these two properties. The widening of' this rural road between the plantation house and its associated cemetery would destroy this geographical feature. It is my recommendation that steps should be taken to avoid any widening in this locale. With the exception of the Alexander plantation site, there are no other historic properties along Mallard Creek Church Road. Please let me know if' you need additional information on any of these properties. Sincerely yours, / Frances P. Alexander Architectural Historian i - T QpP?M?/T R ry??a p United States Department of the Ini X FISH AND WILDLIFE SERVICE Asheville Field Office a 330 Ridgefield Court Asheville, North Carolina 28806 March 24, 1993 Mr. L. J. Ward, P.E., Manager Planning and Environmental Branch Division of Highways North Carolina Department of Transportation P.O. Box 25201 Raleigh, North Carolina 27611-5201 Dear Mr. Ward: z NO 19 1995 Subject: Scoping for proposed improvements to Mallard Creek Church Road (SR 2472) from Interstate 85 to NC 29, (SR 2833) from US 29 to NC 49, Mecklenburg County, North Carolina, T.I.P. No. U-2508 In your letter of February 4, 1993 (received February 19, 1993), you requested any information that would be useful in evaluating the potential environmental impacts that could result from this project. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to information provided in your letter, this project will involve widening and realignment improvements to Mallard Creek Church Road from east of Interstate 85 to NC 49. The road will be widened to a four-lane divided highway primarily on the existing alignment; some realignment will be necessary to flatten several curves. The total length of this project is approximately 2.2 miles. A U.S. Fish and Wildlife Service (Service) biologist conducted a site inspection on March 10, 1993. The Service is particularly concerned about the potential impacts the proposed project could have on Mallard Creek and an adjacent wetland area and on Schweinitz's sunflower (Helianthus schweinitzii), a federally endangered plant species known to occur in Mecklenburg County. Preference should be given to alternative alignments, stream-crossing structures, and construction techniques that avoid and/or minimize encroachment and impacts to these resources. Helianthus schweinitzii occurs in relatively open habitats--early successional fields, forest ecotonal margins, or forest clearings. It thrives in full sun, but also grows in the light shade of open stands of oak-pine-hickory. This species generally occurs on soils characterized as moist to dryish clays, clay-loams, or sandy clay-loams that often have a high gravel content. Helianthus schweinitzii is considered to be a prairie species and appears to be-dependent on some form of disturbance to maintain the open quality of its habitat. The presence or absence of this species in the project impact area should be addressed in the environmental document. In your letter, you stated that "a slight realignment may be necessary to avoid impacting a potentially historic site just west of US 29." The Service recommends that realignment be considered in order to avoid the shrub-scrub wetland adjacent to Mallard Creek just east of US 29 (on the south side of the road across from the athletic field). Any encroachment on this wetland should be addressed in the environmental document. The Service's review of the subject environmental document would be greatly facilitated if the document contained the following information: (1) A complete analysis and comparison of the available alternatives (the build and no-build alternatives). (2) A description of the fishery and wildlife resources within existing and required additional rights-of-way and any areas, such as borrow areas, that may be affected directly or indirectly by the proposed road improvements. (3) Acreage and description of wetlands that will be filled as a consequence of the proposed road improvements. Wetlands affected by the proposed project should be mapped in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. We recommend contacting the U.S. Army Corps of Engineers, Asheville Regulatory Field Office (704/259-0855), to determine the need for a Section 404 Clean Water Act permit. (4) An analysis of the crossing structures considered (i.e., spanning structure, culverts, etc.) and the rationale for choosing the preferred structure(s) for the proposed new crossings. (5) Acreage of upland habitat, by cover type, that will be eliminated because of the proposed project. (6) Description of all expected secondary and cumulative environmental impacts associated with this proposed work. (7) Mitigation measures that will be employed to avoid, eliminate, reduce, or compensate for habitat value losses associated with any part of the proposed project. We appreciate the opportunity to provide these scoping comments and request that you continue to keep us informed as to the progress of this project. In any future correspondence concerning this project, please reference our Log Number 4-2-93-049. Sin rely, Brian P. Cole Field Supervisor cc. Mr. Randall C. Wilson, Nongame Section Manager, Division of Wildlife Management, North Carolina Wildlife Resources Commission, 512 N. Salisbury Street, Raleigh, NC 27604-1188 Director, North Carolina Natural Heritage Program, P.O._ Box 27687, Raleigh, NC 27611 Mr. Cecil Frost, North Carolina Department of Agriculture, Plant Conservation Program, P.O. Box 27647, Raleigh, NC 27611 Mr. Dennis Stewart, Division of Boating and Inland Fisheries, North Carolina Wildlife Resources Commission, 512 N. Salisbury Street, Raleigh, NC 27604-1188 d??o State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James R Hunt, Jr., Governor Jonathan R Howes, Secretary MEMORANDUM TO: Melba McGee, Environmental Assessment Unit FROM: Warren G. Boyette,'Program Head, Technical Development and Planning DATE: March 15, 1993 SUBJECT: DOT EA Scoping for Improvements to Mallard Creek Church Road (SR2472) in Mecklenburg County. Project 193-0668 Due Date: 3-8-93 To better determine the impact to forestry in the area of the proposed project, the Environmental Assessment should contain the following information concerning the proposed alternative routes and for the possible right-of-way purchases for the project: 1. The total forest land acreage by types that would be taken out of forest production as a result of new right- .of-way purchases. 2. The productivity of the forest soils, as indicated by the soil series, that would be involved within the proposed right-of-way. 3. The impact upon existing greenways within the area of the proposed project. 4. The provisions that the contractor will take to sell any merchantable timber that is to be removed. This practice is encouraged to minimize the need for piling and burning during construction. If any burning is needed, the contractor should comply with all laws and regulations pertaining to debris burning. 5. The provisions that the contractor will take during the construction phase to prevent erosion, sedimentation and construction damage to forest land outside the right-of- way and construction limits. Trees outside the construction limits should be protected from construction activities to avoid: PO. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 Fax k 919.733-0513 An Equal Opportunity Affirmative Action Employer Page 2 Project 193-0668 a. Skinning of tree trunks by machinery. b. Soil compaction and root exposure or injury by heavy equipment. C. Adding layers of fill dirt over the root system of trees, a practice that impairs root aeration. WGB/rv Enclosure Department of Environment, Health, and Natural Resources El Project located in 7th floor library Division of Planning and Assessment Project Review Form Project Number: County:1 Date: Date Response Due (firm deadline): / ' . C a This project is being reviewed as indicated below: Regional Office/Phone Regional Office Area In-House Review ? Asheville ?AII RIO Areas *Soil and Water ? Marine Fisheries ? Fayetteville )RAir ?Coastal Management Water Planning IffWater ? Water Resources *N Environmental Health VMooresville Groundwater Wildlife ? ?Solid Waste Management ? Raleigh Land Quality Engineer V Forest Resources ? Radiation Protection ? Washington ? Recreational Consultant Land Resources ? David Foster ? Wilmington ?Coastal Management Consultant Parks and Recreation ?Other (specify) ? Wi l S ?Others Environmental Management S?u`? 4 ?"`L y? ? nston- a em Manager Sign-Off/Region: Date: In-House Reviewer/Agency, Response (check all applicable) ' Regional Office response to be compiled and completed by Regional Manager. ? No objection to project as proposed ? No Comment ? Insuff icient Information to complete review ? Approve ? Permit(s) needed (permit files have been checked) ? Recommended for further development with recommendations for strengthening (comments attached) ? Recommended for further development if specific & substantive changes Incorporated by funding agency (comments attached/authority(ies) cited) In-House Reviewer complete individual response. ? Not recommended for further development for reasons stated in attached comments (authority(ies) cited) ?Applicant has been contacted ? Applicant has not been contacted ? Project Controversial (comments attached) ? Consistency Statement needed (comments attached) ? Consistency Statement not needed ? Full EIS must be required under the provisions of NEPA and SEPA Other (specify and attach comments) ,if+•?b tee. / £A A. / RETURN TO: Melba McGee Division of Planning and Assessment by Due Date shown. M104 e ,a STATE o State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James R Hunt, Jr., Govemor Jonathan R Howes, Secretary 4 MEMORANDUM! TO: Chrys Baggett State Clearinghouse FROM: Melba McGee Project Review Coordinator RE: 93-0668 - Improvements to Mallard Creek Church Road, Mecklenburg County DATE: March 11, 1993' The Department of Environment, Health, and Natural Resources has reviewed the proposed scoping notice. The attached comments list and describe information that is necessary for our divisions to evaluate the potential environmental impacts of the. project. More specific comments will be provided during the environmental review. Thank you for the opportunity to respond. The applicant is encouraged to notify our divisions if additional assistance is needed. MM: bb Attachments cc: David Foster MAR 151993 } II J P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-7334984 Fax # 919.733-0513 An Equal Opportunity Affirmative Action Employer ?yy .aSCNEs , State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James B. Hunt, Jr., Governor February 25, 1993 Jonathan B. Howes, Secretary MEMORANDUM . TO: Melba McGee, 'Planning and Assessment FROM: Monica Swihar#' Water Quality Planning SUBJECT: Scoping Comments - NCDOT Improvements to Mallard Creek Church Road (SR 2472) From I-85 to US 29, (SR2833) From US 2.9 to NC 49, Mecklenburg County, State TIP #U-2508 Project Review #93-0668 The Water Quality Section of the Division of Environmental Management requests that the following topics be discussed in the environmental documents prepared on the subject project: A. Identify the streams potentially impacted by the project. The stream classifications should be current. B. Identify the linear feet of stream channelizatiorrs/ relocations. If the original stream banks were vegetated, it is requested that the channelized/relocated stream banks be revegetated. C. Number of stream crossings. D. Will permanent spill catch basins be utilized? DEM requests that these catch basins be placed at all water supply stream crossings. Identify the responsible party for maintenance. E. Identify the stormwater controls (permanent and temporary) to be employed. F. Please ensure that sediment and erosion and control measures are not placed in wetlands. REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535. Raleigh. North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opporamity Affimative Action Employer G. Wetland Impacts 1) Identify the federal manual used for identifying and delineating jurisdictional wetlands. 2) Have wetlands been avoided as much as possible? 3) Have wetland impacts been minimized? 4) Wetland impacts by plant communities affected. 5) Quality of wetlands impacted. 6) Total wetland impacts. 7) List the 401 General Certification numbers requested from DEM. H. Will borrow locations be in wetlands? Prior to the approval of any borrow source in. a wetland, the contractor shall obtain a 401 Certification from DEM. I. Did NCDOT utilized the existing road alignments as much as possible? Why not (if applicable)? Written concurrence of 401 Water Quality Certification may be required for this project. Applications requesting coverage under our General Certification 14 or General Permit 31 will require written concurrence. Please be aware that 401 Certification may be denied if wetland impacts have not been avoided and minimized to the maximum extent practicable. 8395er.mem cc: Eric Galamb • Division of Soil & Water Conservation February 25, 1993 MEMORANDUM TO: Melba McGee ? Q FROM: David Harrison SUBJECT: Proposed Improvements to Mallard Creek Church Road, Mecklenburg County. Project No. 93-0668 The proposed improvements include widening Mallard Creek Church Road to utilize a 50 mph design standard. The Environmental Assessment should identify any unique, prime, or important farmlands that would be impacted by the project. A wetlands evaluation should be included. DH/tl ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Melba McGee, Planning and Assessment _ Dept. of Environment, Health, & Natural Resources FROM: David Yow, Highway Project Coordinator or?? Habitat Conservation Program DATE: March 10, 1993 SUBJECT: Request for information from the N. C. Department of Transportation (NCDOT) regarding fish and wildlife concerns for improvements to Mallard Creek Church Road (SR 2472) from I-85 to US 29, (SR 2833) from US 29 to NC 49, Mecklenburg County, North Carolina, TIP No. U- 2508, SCH Project No. 93-0668. This memorandum responds to a request from Mr. L. J. Ward of the NCDOT for our concerns regarding impacts on fish and wildlife resources resulting from the subject project. The N. C. Wildlife Resources Commission (NCWRC) has reviewed the proposed improvements. Our comments are provided in accordance with 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). The proposed work involves widening of the existing facility, with possible realignment improvements associated with curve adjustments and avoidance of historic sites. The NCWRC prefers improvement of existing roads over construction on new alignment and recommends that relocation of right-of-way be minimized. Our major concerns involve impacts to aquatic and wetland resources in the vicinity of the Mallard Creek crossing, and indirect natural resource impacts associated with secondary development facilitated by the proposed improvements. Cross-section Alternative 2 is preferred, since grassed shoulders will provide a buffer between highway runoff and nearby aquatic and wetland systems. The additional right-of-way requirements of this alternative will producea greater barrier Memo Page 2 March 10, 1993 to wildlife movement, however, and clearing associated with construction should be minimized, particularly in the vicinity of Mallard Creek. The use of oversized structures at hydrologic crossings may help to alleviate barrier effects of the widened roadway for smaller animals and will also serve to mitigate wetland loss associated with the project. Recent NCDOT documents for projects of this scope have generally provided satisfactory information on project impacts. For purposes of reference, our informational needs are listed 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. When practicable, potential borrow areas to be used for project 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 P. O. Box 27687 Raleigh, N. C. 27611 (919) 733-7795 and, Cecil C. Frost, Coordinator NCDA Plant Conservation Program P. O. Box 27647 Raleigh, N. C. 27611 (919) 733-3610 In addition, the NCWRC's Nongame and Endangered Species Program maintains databases for locations of vertebrate wildlife species. While there is no charge for the list, a service charge for computer time is involved. Additional information may be obtained from: Randy Wilson, Manager Nongame and Endangered Species Program N. C. Wildlife Resources Commission 512 N. Salisbury Street Raleigh, N. C. 27604-1188 (919) 733-7291. Memo Page 3 March 10, 1993 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 result 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 person delineating wetlands should be identified and criteria listed. 4. Cover 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 wildlife 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 analyzes the environmental effects of highway construction and quantifies the contribution of this individual project to environmental degradation, including that associated with accelerated development in the project area. Thank you for the opportunity to provide input in the early planning stages for this project. If I can further assist your office, please contact me at (919) 528-9887. cc Ken Knight, District 6 Wildlife Biologist Wayne Chapman, District 6 Fisheries Biologist Randy Wilson, Nongame/Endangered Species Program Mgr. DIVISION OF PARRS AND RECREATION March 1, 1993 Memorandum TO: Melba McGee FROM: Stephen Hall C )4 SUBJECT: Scoping -- Improve Mallard Creek Church Road, Mecklenburg County REFERENCE: 93-0668 The Natural Heritage Program database contains records for several species of rare plants occurring within the vicinity of the proposed project. Populations of Heller's rabbit tobacco (Gnaphalium helleri), considered significantly rare in North Carolina, historically occurred at two locations close to SR 2833. Carolina birdfoot-trefoil (Lotus helleri), a candidate for both federal and state-listing has been recorded within two miles of the project area, as have the following candidates for state- listing: southern thimbleweed (Anemone berlandieri), necklace sedge (Carex pro'e-L cta), and dissected toothwort (Cardamine dissecta). These species are all indicative of basic soil conditions that often support populations of other rare plants. Both the trefoil and rabbit tobacco are also frequently associated with the dry, open habitats favored by Schweinitz's sunflower (Helianthus schweinitzii), federally and state-listed as Endangered, and Georgia aster (Aster georgianus), a candidate for both federal and state-listing. Given the concentration of rare plants that at least historically occurred within the vicinity of the proposed project, we recommend that the area be surveyed during the appropriate seasons by a qualified biologist. We further recommend that state-listed species and federal candidates be considered in decisions concerning the final alignment selected for the project. State of North Carolina Reviewing Office: Department of Environment, Health, and Natural Resources A AD Project Number. Due Date: INTERGOVERNMENTAL REVIEW -PROJECT COMMENTS qA-n/-r?Q After review of this project it has been determined that the EHNR permit(s) and/or approvals indicated may need to be obtained in order for this project to comply with North Carolina Law. ...1J - -A" -A A- x? ta.ntnnr l Alfir? indicated on the reveme of the form. Ouestions regarding these Permits snvuru raa .00165560 sv ...? ..? .._.._. _--•-- -----__--- - - - - rmation and guidelines relative to these plans and permits are available from the same f i Normal Process' n o All applications, Regional Office. Time PERMITS SPECIAL APPLICATION PROCEDURES or REOWREMENTS (statutory time limit) Permit to construct i operate wastewater treatment Application 90 days before begin construction or award of 30 days ? sewer system extensions, i sewer facilities construction contracts On-site inspection. Post-application , systems not discharging into state surface waters. technical conference usual 190 days) NPOES - permit to discharge into surface water and/or Application 190 days before begin activity. On-site inspection. 90.120 days permit to operate and construct wastewater facilities Pro-application conference usual. Additionally. obtain permit to ? discharging into state surface waters. construct wastewater treatment facility-granted after NPOES Reply (NIA) time. 30 days after receipt of plans or issue of NPDES permit-whichever is later. 30 days ? Water Use Permit Pre-application technical conference usually necessary (NIA) 7 days ? Well Construction Permit Complete application must be received and permit issued prior to the installation of a well. 415 days) Application copy must be served on each adjacent riparian property SS days Dredge and Fill Permit owner. On-site inspection. Pre4pplicatfon conference usual. Filling o may require Easement to Fill from N.C. Department of (90 days) Administration and Federal Dredge and Fill Permit. ? Permit to construct 9 operate Air Pollution Abatement 15A NCAC 21H NIA 60 days (9o days) . facilities andlor Emission Sources as per Any open burning associated with subject proposal D must be in compliance with 1SA NCAC 2D.OS20. Demolition or renovations of structures containing 60 days asbestos material must be in compliance with 15A ? NCAC 20.0525 which requires notification and removal NIA prior to demolition. Contact Asbestos Control Group (90 days) 919.733.0820. ? Complex Source Permit required under 161/ NCAC 2D.0800. The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion t sedimentatio ? control plan will be required if one or more acres to be disturbed. Plan filed with proper Regional Office (Land Ouality Sect.) at Nast 30 20 days s 30 d days before Winning activity. A fee of S30 for the first acre and $20.00 for each additional acre or art must accompany the lam a ? The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referrenced Local Ordinance: 00 days) On-site inspection usual. Surety bond filed with EHNR. Bond amount ? Mining Permit varies with type mine and number of acres Of affected land Any area 30 days 60 da s) mined greater than one acre must be permited. The appropriate bond y ( must be received before the permll can be Issued. ? North Carolina Burning permit On-site Inspection by N.C. Division Forest Resources It permit 4 d 1 day (NIA) ays exceeds Special Ground Clearance Burning Permit - 22 On-site inspection by N.D. Division Forest Resources required "if more / day (NIA) ? counties in coastal N.C. with Orgenic soils than five acres of ground clearing activities are involved. Inspections •' should be requested at Nast ten days before actual bum is pianned. 90120 days ? at Refining Facilities NIA (NIA) If permit required. application W days before begin construction. Applicant must hire N.C. Qualified engineer to: prepare VIM. 30 days ? Dam safety PerMt Inspect construction, certify construction is according to EHNR approv d (W days) ad plans. May also require permit under mosquito control program. An a 404 permit from Corps of Engineers. An inspection of site is neces- eery to verify Hazard Classification. A minimum fee of 9200.00 nest so- company the application. An additional processing fee based on a percentage or the total project cost will be required upon completion. Continued on reverse w W. I Normal Process .. ?imp L' L L L L LL C L r ` (statutory time PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS limit) Fat surety bond of =5,000 with ENNR nwaw* to State of N.C. 10 days Permit to drill exploratory oil Or ees well conditional that any well opened by drill operator shell, upon (NIA) abandonment, be plugged meeording to EMNR rubs and regulations. Geophysical Exploritioh Permit Application filed with EMNR at Nast 10 days Prior to bow of permit 10 days Application by letter. No standard application torn. (NIA) State Lakes Construction Permit Application fee based on structure site is charged. Must hiclude 15.20 days descriptions Z drawings of structure & proof of ownership (NIA) of riparian property. 60 days 401 Water Quality Certification NIA 4130 days) • 55 days LAMA Permit for MAJOR development &250.00 fee must accompany application (150 days) 22 days CAMA Permit for MINOR development &50.00 fee must accompany application 125 days) Several geodetic monuments are located in or near the project area. If any monuments need 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 20.0100. . NOtifidation Of the proper regional office is regwated if "Orphan" underground storage tanks (LISTS) are discovered during any excavation operation. Compliance with 15A NCAC 2N.1()00 (Coastal Stormwater Rules) is required. 1 1 45 days (NIA) Other comments (attach additional pages as necessary, being certain to cite comment authority). 6w - // ?.1o lliv?,,,r+,? /...?p,ta ? 7f ? ? ? ? ??o0u•%? fJ? ?'7-- ?? ?c'? C? GCS-?J, ?i?s a? Oc?a ? ,a, ? / / ls' ' ' ' v % / ?" ' , ct ij?.t (? (,pn?17 F - c f c W ?L iJ /'c r '?n_?9ccl _nep ??"?=rr7 - ( .n? ? REGIONAL OFFICES " Questions regarding these permits should be addressed to the Regional Office marked below. ? Asheville Regional Office ? Fayetteville Regional Office 59 Woodfin Place Suite 714 Wschovia Building • Asheville, NC 26801 Fayetteville. NC 28301 (704) 25145208 (919) 486.1541 ? Mooresville Regional Office 919 North Main Street, P.O. Box 950 ? Raleigh Regional Office 3800 Barrett Drive, Suite 101 Mooresville, NC 28115 Raleigh, NC 27609 (704) 6631699 (919) 733.2314 ? Washington Regional Office ? Wilmington Regional Office 1424 Carolina Avenue 127 Cardinal Drive Extension Washington, NC 27869 Wilmington. NC 28405 (919) 9465481 (919) 395.3900 ? Winston$alem Regional Office 8025 North Point Blvd. Suite 100 Winston-Salem. NC 27106 (919) SW7007 ` VED State of North Carolina Department of Environment, Health, and NaturaW ncesry SECTION Division of Land Resources James G. Martin, Governor PROJECT REVIEW COMMENTS Charles H. Gardner William W. Cobey, Jr., Secretary Director Project Number: C3 "G 4L k county: Project Name: K Z ?j Z Geodetic Survey This project will impact, r, geodetic survey markers.. ..G Geo,detjp Survey should be contacted prior•to construction at.P.O. 2768Y` Raleigh, N.C. 27611 (919) 733-3836. Intentional destruct 0f a geodetic monument is a violation of N.C. General Statute 102- ?L'1p ?5 This project will have no impact on geodetic survey markers. Other (comments attached) For moorreeiinformation e contact the Geodetic Survey office at (919) 733-3836. c Reviewef Date Erosion and Sedimentation Control FEB 18 p9, No comment This project will re ND ?l?iLIT SEUTiON P quire approval of an erosion and sedimentation control plan prior to beginning any land-disturbing activity if more than one (1) acre will be disturbed. If an environmental document is required to satisfy Environmental Policy Act (SEPA) requirements, the document must be submitted as part of the erosion and sedimentation control plan. If any portion of the project is located within a High Quality Water Zone (HQW), as classified by the Division of Environmental Management, increased design standards for sediment and erosion control will apply. The erosion and sedimentation control plan required for this project should be prepared by the Department of Transportation under the erosion control program delegation to the Division of Highways from the North Carolina Sedimentation Control Commission. Other (comments attached) For more information contact the Land Quality Section at (919) 733-4574. Reviewer Date A B P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer MOOS x.17,, Zae \? q ,/ YOD i1 2111 ` . ,r0 /? r.li ry 211 .Lii 1714. `:` RpE?k raoe ?24,[,d RIDGE DA VI ON 2420 L9 d tE3ETA?)PO?.2.573 . e RIVER NO C 2,2, 'q . ?OAVIDSON 77 v !?, ¦ 73 e . tax] IC?Y'?•` 'q 2422 R VIDSON SW M/I ! ! Q''? ?' 315 R •e ,? X[trEl ELL ?6-l,aQb ti.y~ I4b . ' I I ARV N: .. CORNEuus 31L9 •'T' Q A bQ ?ti? c r[s S Pop. 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X Z7T ® RV 432 Y 1 r• r(q? / / •'::i)) . O?? Cul. 3.1 ?f41 N?F TT[ 1000 470 '? 1 .029K .44M, I— wp-NRr I)1?? 1 Y^ nrun .. ?!? 3"_._. RV431 1 2? ?? , 1 SrA7t o State of North-Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary MEMORANDUM To: Mr. Jack Ward NC DOT From: Eric Galamb DEHNR I November 25, 1992 Subject: Scoping Meeting on Mallard Creek Church Road Mecklenburg County TIP Project U-2508 A. Preston Howard, Jr., P.E. Acting Director ?cE jv DEC 0 2 1992 r U ?? DIVISIG'V OF Q? v HIGHWAYS P?? /RONNtiErS0 A meeting was held yesterday on the subject project. This memo is to reiterate comments made at the meeting. Mallard Creek is a class "C" stream. DEM endorses a widening of Mallard Creek Church Road. There are utility lines between the existing road and a state listed historic house. Is it feasible to widen SR 2472 north of US 29 and still avoid impacting this house while not impacting the large pond adjacent to the junk yard? DEM requests that the corridor be protected under the 1987 Roadway Corridor Official Map Act especially within the city limits of Charlotte. Should you have any questions, please contact me at (919) 733-1786. cc: file REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer .ti STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT. JR. DIVISION OF HIGHWAYS Gov€moR P.O. BOX 25201. RALEIGH. N.C. 27611-5201 October 20, 1993 MEMORANDUM TO: A. Schenck Cline, Jr., Unit Head Project Planning Unit FROM: Hal Bain, Environmental Biologist /¢. 6. Environmental Unit R. SAMUEL HUNT III SECRETARY SUBJECT: Proposed widening of Mallard Creek Church Road from I-85 to NC 49 in Charlotte, Mecklenburg County; TIP No. # U-2508; State Project # 9.8100315; Federal Project # STP-OOOS(72). ATTENTION: Thomas E. Devens, P. E., Project Planning Engineer The attached Natural Resources Technical Report provides pertinent details and descriptions of each natural resource likely to be impacted by the proposed project, including wetlands and federally-protected species. Please review the information at your convenience. This report is available on computer disc and I will be glad to transfer the file to your disc at your convenience. cc: V. Charles Bruton, M. Randall Turner, File # U-2508 Ph. D. Environmental Supervisor EXECUTIVE SUMMARY for U-2508 The executive summary is intended to be a concise review of the Natural Resources Technical Report for U-2508 and is submitted in an -effort towards paper reduction of the Environmental Assessment (EA)/Finding of No Significant Impact (FONSI) to be prepared for this proj-ect. The purpose of this technical report is to inventory, catalog and describe the various natural resources likely to be impacted by the proposed action. It is requested that the Natural Resources Technical Report be submitted in its entirety along with the EA/FONSI document to the reviewing natural resource agencies. INTRODUCTION The subject project consists of widening Mallard Creek Church Road from I-85 to NC 49. Mallard Creek Church Road is a combination of two SRs in the project study area. The northern portion (SR 2472) is between I-85 and US 29, while the southern portion (SR 2833) is between US 29 and NC 49. There are two alternatives being studied for this project. Alternative 1: a four-lane facility which has a 4.9 m (16 ft) raised median with curb and gutter on the outside. Minimum right-of-way will be 46 m (150 ft). Alternative 2: a four-lane facility which has a 4.9 m (16 ft) raised median, but has 2.5 m (8 ft) shoulders on the outside, with accompanying ditches. Minimum right-of-way is 46 m (150 ft). This alternative travels south of the existing road on new alignment, approximately 60 m (200 ft) west of the intersection of US 29 and Mallard Creek Church Road. Alternative 2 ties back into alternative 1 at SR 2834. The proposed project study area lies in Mecklenburg County (figure 1) in the south-central part of the Piedmont Physiographic Province. Mecklenburg County has a primarily urban population and the county's major economic resources include trade, industry, agriculture, forestry, tourism, and recreational activities. Charlotte is the Countys' and North Carolinas' largest city and is located near the proposed project alignment. Information sources used in this investigation include; U.S. Geodetic Sufvey (USGS) quadrangle map of Harrisburg, National Wetland Inventory Map (NWI) of Harrisburg, NCDOT aerial photographs of project area (1:2400), Soil Conservation Service (SCS) soil maps, Fish and Wildlife Service (FWS) list of protected and candidate species, and N.C. Natural Heritage Program (.NHP) database of uncommon and 2 protected species and unique habitats. Research using these resources was conducted.prior to field investigations taking place. General field surveys were conducted along the proposed project alignment by NCDOT biologists Hal Bain and Cyndi Bell on October 5, 1993. Plant communities and their associated wildlife were identified and recorded. Wildlife was identified using a variety of observation techniques: active searching and capture including hand held dipnet, visual observations (binoculars), and identifying characteristic signs of wildlife (sounds, scat, tracks, and burrows). Mecklenburg County is characterized by broad, gently rolling interstream areas and by steeper slopes along the drainageways. Uplands are generally level along Mallard Creek and become more rolling away from the creeks flood plain. , WATER RESOURCES The proposed project lies within the Yadkin-Pee Dee River Basin. Water flow is generally from southwest to northeast and bottom composition is primarily sand and clay sediments which are a result of heavy erosion along the creek banks. Exposed rock outcrops as well as leaf litter zones are also present in scattered locations along Mallard Creek. Creek banks are steep 3.0 m to 3.6 m (10 to 12 ft high) and scarped. Width ranges from 2.5 to 6.0 m (8 to 20 ft) while depth ranges from 0.1 to 0.6 m (0.5 to 2 ft) in deeper holes. One impounded area (pond) is located on the south side of Mallard Creek Church Road approximately 120 m (400 ft) west of the intersection of US 29 and Mallard Creek Church Road. This pond covers approximately 0.4 ha (1 ac) and.pond depth ranges from 0.6 to 2.5 m (2 to 8 ft). The substrate is composed of eroded sediments which have resulted from development practices. Mallard Creek has a best usage classification of C. Class C waters are suitable for aquatic life-.propagation and survival, fishing, wildlife, secondary recreation and agriculture. No waters classified as High Quality Waters (HQW), Outstanding Resource Waters (ORW) or waters designated as WS-1 or WS-11 will be impacted by the proposed project, nor are these resources located within 1.6 km (1 mile) of the subject area. ' Potential impacts to Mallard Creek include increased sedimentation from construction-related erosion. Poorly managed application of sedimentation control policies can result in serious damage to the aquatic environment. Increased sediment loads can cause mortality among less hardy 3 organisms and their progeny due to associated factors such as toxic run-off, incr-eased turbidity, reduction of dissolved oxygen content, smothering of fish eggs, clogging of gills --a-nd filter feeding organs. Sedimentation and erosion control measures should be strictly enforced during the construction stage of this project. BIOTIC RESOURCES The following descriptions refer to the dominant plants and animals in each community and how these biotic components relate to one another. Approximately 40 animal species were visually observed during field surveys. Complete listings of fauna which may occur in the study area can be found in one or more technical references in section 5.0 of the U-2508 Natural Resources Technical Report. Man-dominated and Mixed Pine/hardwood Forest are the 2 terrestrial communities found in the subject project study area. Dominant faunal components associated with these terrestrial areas will be discussed in each community description, however many species are adapted to the entire range of habitats found along the project alignment and may not be mentioned in each community description. The man-dominated community makes up the majority of the terrestrial communities found in the project study area and includes and includes highly disturbed areas such as road shoulder, cutover, soccer field, pasture, and lawn habitats. Many plant species characteristic of the roadside are adapted to disturbed and maintained habitats. The more well- maintained (mowed) areas are dominated by fescue, Bermuda grass, plantain, and clover along with a variety of ornamental herbs, vines, shrubs and trees. Native trees, such as red maple and red cedar are also present throughout yards and lawns. Many animals present in these disturbed habitats are opportunistic and capable of surviving on a variety of forage resources ranging from vegetation (flowers, leaves, seeds, and fruits) to animal matter (living and dead.). Gray squirrel, Virginia opossum, northern cardinal, northern mockingbird, American crow, ruby-throated hummingbird, and mourning dove are examples of species attracted to lawns and gardens by the year-round feeding stations and abundance of cultivated forage items provided by humans. Six-lined racerunner, rufous-sided towhee, and several species of mice prefer the less well maintained margins or ecotones of road shoulders and lawns. Mortality among animals which migrate across roadways provides forage for opportunistic species such as turkey vulture and Virginia opossum which may in turn become fatalities and subsequently forage items themselves. 4 Reptiles and amphibians, including toads, frogs, turtles, and snakes, may sun themselves on the roadside and even lie on the road surface at night to absorb heat. __Less well maintained areas have succeeded to dense grassland and scrub\shrub stages of development. Lower growing, grassland areas are dominated by vegetation such as fescue, sericea, golden rod, mourning glory, Japanese honeysuckle, and poison ivy. Saplings and young trees such as, shortleaf pine, ash, red cedar, red maple, sweetgum, tuliptree, dogwood, redbud, and black cherry along with smooth sumac, blackberry, and grape predominate in the scrub\shrub-habitats. Kudzu is an introduced and obvious component of these ecotonal areas and is in the process of smothering out native vegetation at one location at the northeast corner of the intersection of Mallard Creek Church Road and US 29. Many animals which use less well maintained habitats prefer dense vegetation of disturbed areas for nesting and or foraging. Some species, including the five-lined skink, eastern fence lizard, and hispid cotton rat, use brush piles, dead vegetation, and vine thickets as refuge and breeding areas. Avian species found in this early successional community include red-tailed hawk, American Crow, northern bobwhite, and blue grosbeak. The mixed pine/hardwood forest is an upland community which at most locations has been heavily impacted by logging Logging roads disect this community which is stratified into three primary vegetational strata, including canopy, subcanopy, and shrub/vine/herb layers. The canopy is composed primarily of shortleaf pine, tuliptree, and scattered oaks. Red cedar, red maple, sweet gum, tuliptree, winged elm and black cherry dominate the subcanopy. Birds dominate these levels of vegetation while a few mammals and amphibians are also found here. Broad-winged hawk, red-bellied woodpecker, Carolina chickadee, white- breasted nuthatch, and red-eyed vireo are common. Gray treefrogs, and gray squirrel also nest and or forage in -the canopy. Another canopy resident the eastern screech-owl forages on the forest floor. The shrub\vine\herb layer includes saplings of oaks as well as flowering dogwood, blackberry, broomstraw, goldenrod, rose,'grape, and poison ivy. The density of vegetative cover in this layer forms many refuges for a variety of smaller animals as well as white-tailed deer. Passerine birds such as tufted titmouse, Carolina wren, black-and-white warbler and northern cardinal are present throughout this habitat. Other animals likely to be found in S or beneath the shrub/vine/herb layer include slimy salamander, eastern fence lizard, copperhead, and southeastern shrew. Although discussions of aquatic resources typically address the biota of the waterbody itself, adjacent uplands tend to be integral components of water resources with which they are associated. Therefore buffers (uplands) in the immediate vicinity of aquatic communities will be included in the following discussions. A piedmont stream habitat (Mallard Creek) is crossed by the proposed project alignment. Areas associated with Mallard Creek have been deforested for development leaving a small buffer of hardwood forest approximately 6 m (30 ft) wide on either side of the creek channel. This buffer is dominated in the canopy by box elder,,sycamore, ash, and black walnut. The understory contains black willow, and dogwood while -the relatively sparce.'shrub\vine\herb layer is composed of giant cane, grape, violet and knotweed. This small buffer provides nesting and foraging habitat as well as stop over habitat for variety of birds. Northern cardinal, catbird, and Carolina wren nest and forage in the shrubs along the creek while ovenbird and Louisiana waterthrush nest and forage in leaf liter and associated vegetation. Feeding evidence on black walnuts by gray squirrel is apparent, while other evidence (gnawing marks on twig and limb segments) suggests that beaver may be present upstream of the project area. Other vertebrate inhabitants of Mallard Creek include fish, amphibians, and reptiles. Fish diversity is usually related to waterbody size and thus is relatively low in Mallard Creek as compared to larger streams or rivers. Species such as sunfish and red lip shiner appear to be common inhabitants of this system. Amphibians and reptiles which may be found in and around this creek include northern dusky salamander, leopard frog, snapping turtle, and northern watersnake. Invertebrate inhabitants of Mallard Creek include species such as crayfish which scavenge on animal matter. While the Asian clam an introduced clam, is also common, and acquires nutrients through filter feeding. These clams tend to be able to survive in water resources which have reduced water quality. A small pond will also be impacted by the proposed construction. Pond banks are vegetated by button bush and soft needle rush, and knotweed. Fish, amphibians, reptiles dominate the vertebrate component of this ponds community. Large mouth bass, other sunfish, frogs, painted turtle, snapping turtle, and northern watersnake are all likely 6 inhabitants of the pond. seeks out prey along the kingfisher may forage on Birds such as great blue heron pond banks while the belted the ponds surface. Biotic community impacts resulting from project construction are being addressed separately as terrestrial impacts and aquatic impacts. However, impacts to terrestrial communities-,..particularly in locations exhibiting moderate to steep slopes can result in the aquatic community receiving heavy sediment loads as a consequence of erosion. It is important to understand that construction impacts may not be isolated to the communities in which.they occur. Truly natural communities are few in the project area and those communities remaining have been highly fragmented and reduced as a result of previous development. The man- dominated community component of the project area will receive the greatest impact from habitat-reduction resulting in the loss and displacement of plant and animal life, regardless of which alignment is chosen. It is recommended, from an environmental standpoint, that alignments be chosen which follow the existing road to minimize loss of the few remaining forested areas. Anticipated impacts to terrestrial communities are listed by proposed alignments in Table 1. Table 1. Anticipated Impacts'to Terrestrial Communities by Alternative (hectares\acres) Community Type Project Alternative MD MPHF Totals Alt l 9.6\23.8 2.8\6.9 12.4\30.7 Alt 2 8.6\21.2 3.8\9.5 12.4\30.7 MD = Man-Dominated Community MPHF = Mixed Pine\Hardwood Forest Community Note: Impacts are based on 46 m (150 ft) of Right of Way. As mentioned previously in the water resources section, the aquatic component of the project area has already been altered by sedimentation of silts from erosion due to development. Project construction is likely to increase sediment loads in Mallard Creek and the pond. Construction- related sedimentation can be harmful to local populations of invertebrates which are important parts of the aquatic food chain. WATERS OF THE UNITED STATES Wetlands and surface waters fall under the broad category of "Waters of the United States" as defined in 33 CFR 328.3 and in accordance with provisions of section 404 of 7 the Clean Water Act (33 U.S.C 1344) and are regulated by the U.S'. Army Corps of Engineers (COE). Improvements to Mallard Creek Church Road cannot be accomplished without infringing on surface waters. Surface waters associated with the subject project are Mallard Creek and a pond west of US 29. Section 404 impacts to surface waters will occur. Construction at these sites is likel-y-to be authorized by provisions of-Nationwide Permit 33 CFR 330.5 (A) 14 under Section 404 of the Clean Water Act. This permit authorizes fills for roads crossing waters of the United States. This project will also require a general 401 Water Quality Certification from NCDEHNR prior to the COE issuance of a Nationwide 404 permit. Section '401 of the Clean Water Act (CWA) requires that the state issue--or deny water quality certification for any federally permitted or licensed-- activity that may result in a discharge to the waters of the United States. Since this project will likely be authorized under Nationwide Permit process, and because only impacts to surface waters will take place it is likely no mitigation will be required by the COE. A final determination regarding mitigation requirements will be made in coordination with various environmental review agencies during the final design phase of the project. It is important to note that two future NCDOT wetland mitigation sites are located in the proposed project alignment. One site is located on the south side of Mallard Creek Church Road west of Mallard Creek and the other site is located north of Mallard Creek Church Road east of Mallard Creek. PROTECTED SPECIES Some populations of plants and animals have been in or are in the process of decline either due to natural forces or due to their inability to coexist with man. Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. ' The U.S. Fish and Wildlife Service (USFWS) lists 2 federally protected species for Mecklenburg County as of September 20, 1993. These species are Carolina hellsplitter and Schweinitz's sunflower. s Carolina hellsplitter (E) BIOLOGICAL CONCLUSION: NO EFFECT A June 24, 1992 memorandum from North Carolina Wildlife Resources Commission states that John Alderman conducted mussel surveys in water resources associated with the project area and found poor water quality and no fresh water mussels. Therefore, no impacts to the Carolina hellsplitter will result from project construction. Schweinitz's sunflower (E) BIOLOGICAL CONCLUSION: NO EFFECT A plant-by-plant survey was conducted by NCDOT biologists Hal Bain and Cyndi Bell on.October 5, 1993,,to determine if any Helianthus species were present in suitable habitat associated with the project ROW. No sunflower species were found along the project ROW, therefore it can be concluded that the subject project will not impact Schweinitz's sunflower. Federal Candidate species 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. Four federal candidate species including Georgia aster, Heller's trefoil, Nestronia, and tall larkspur are listed for Mecklenburg County. Although habitat occurs in the study area, no specimens were found. However should construction parameters fo.r'this project change, new surveys for federally protected species may be warranted. No impacts to these species will result from proposed project construction. Proposed widening of Mallard Creek Church Road from I-85 to NC 49 northeast of Charlotte, in Mecklenburg County TIP # U-2508 State Project # 9.8100315 Federal Project # STP-OOOS(72) NATURAL RESOURCES TECHNICAL REPORT. U-2508 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH ENVIRONMENTAL UNIT Hal Bain, Biologist October 1993 TABLE OF CONTENTS 1.0 Introduction 1.1 Project Description. .1 1.2 Purpose ................ .. .. .. .. .. .. ....................1 1.3 Study Area ............. . . . . . . . .. ...................1 1.4 Methodology ............................ 1) 1.5 Physiography and Soils ...........................2 2.0 Water Resources 2.1 Streams, Rivers, Impoundments, etc .............. 3 2.2 Water Quality. . .3 2.3 Anticipated Impacts ...................... ......4 3.0 Biotic Resources 3.1 Terrestrial Communities.... 4 3.1.1 Man-Dominated. 4 3.1.2 Mixed Pine/Hardwood•F0rest............... 5 3.2 Aquatic Communities. 6 3.3 Anticipated Impacts to Biotic Communities. .7 3.3.1 Terrestrial......... •..7 3.3.2 Aquatic............ ......................S 4.0 Special Topics 4.1 Waters of the United States: Jurisdictional - Issues.. 8 4.1.1 Impacts to ?Wetlands ?and Surface Waters. .S 4.2 Permits. ......... .9 4.3 Mitigation... 9 4.4 Rare and Protected Species. .10 4.4.1 Federally Protected Species.. .10 4.4.2 Federal Candidate/State Listed Species ............. .11 -- 4.4.3 Summary of Anticipated Impact- s .......... 12 5.0 References. .13 APPENDIX A: Species 'observed ' List .....................15 1.0 INTRODUCTION The following report is submitted for use as a supplement to assist in preparation of a Federal Environmental Assessment (EA)/Finding of No Significant Impact (Fonsi). 1.1 Project Description The subject project consists of widening Mallard Creek Church Road from I-85 to NC 49. Mallard Creek Church Road is a combination of two SRs in the project study area. The northern portion-(SR 2472) is between I-85 and US 29, while the southern portion (SR 2833) is between US 29 and NC 49. There are two alternatives being studied for this project. Both alternatives will widen Mallard Creek Church Road to a four-lane facility which is divided by a 4.9 m (16 ft) planted median. Both alternatives will also seek to realign the road to 80 km/h (50 mph) design speed standards. -Alternative 1: a four-lane facility which has a 4.9 m (16 ft) raised median with curb and gutter on the outside. Minimum right-of-way will be 46 m (150 ft). Alternative 2: a four-lane facility which has a 4.9 m (16 ft) raised median, but has 2.5 m (8 ft) shoulders on the outside, with accompanying ditches. Minimum right-of-way is 46 m (150 ft). This alternative travels south of the existing road on new alignment, approximately 60-m (200 ft) west of the intersection of US 29 and Mallard Creek Church Road. Alternative 2 ties back into alternative 1 at SR 2834. 1.2 Purpose The purpose of this technical report is to inventory, catalog and describe the various natural resources likely to be impacted by the proposed action. The report also attempts to identify and estimate the likely consequences of the anticipated impacts to these resources. These descriptions and estimates are relevant only in the context of existing preliminary design concepts. It may become necessary to conduct additional field investigations, should design parameters and criteria --- -change. 1.3 Study Area The proposed project study area lies in Mecklenburg County (figure 1) in the south-central part of the Piedmont Physiographic Province. Mecklenburg County has a primarily urban population and the county's major economic resources include trade, industry, agriculture, forestry, tourism, and recreational activities. Charlotte is the Countys' and North Carolinas' largest city and is located near the proposed project alignment. 1.4 Methodology Information sources used in this investigation include; U.S. Geodetic Survey (USGS) quadrangle map of Harrisburg, National Wetland Inventory Map (NWI) of Harrisburg, NCDOT aerial photographs of project area (1:2400), Soil Conservation Service (SCS) soil maps, Fish and Wildlife Service (FWS) list of protected and candidate species, and N.C. Natural Heritage Program (NHP) database of uncommon and protected species and unique habitats. Research using these resources was conducted prior to field investigations taking place. General field surveys were conducted along the proposed project alignment by NCDOT biologist Hal Bain on October 5, 1993.- Plant communities and their associated wildlife were identified and recorded. Wildlife was identified using a variety of observation techniques: active searching and capture including hand held dipnet, visual observations (binoculars), and identifying characteristic signs of wildlife (sounds, scat, tracks, and burrows). 1.5 Physiography and Soils Mecklenburg County is characterized by broad, gently rolling interstream areas and by steeper slopes along the drainageways. Uplands are generally level along Mallard Creek and become more rolling away from the creeks flood plain. The Mecklenburg County soil map lists eight general map units, two of which are crossed by the proposed project including, Wilkes-Enon and Monacan. These general map units contain some specific soil series which are classified as (B) soils with inclusions of hydric soils, or which have wet spots (Table 1). Table 1. Mecklenburg County Soils in the Project Area Map Unit Percent Hydric Symbol Soil Series Slope Classification EnB Enon sandy loam 2 to 8 none EnD Enon sandy loam 8 to 15 none HeB Helena sandy loam 2 to 8 B Mo Monacan loam - B WkB Wilkes loam 4 to 8 none WkD Wilkes loam 8 to 15 none WkE Wilkes loam 15 to 25 none Wilkes-Enon soils are gently sloping to steep, well drained soils that have a predominantly clayey subsoil. These soils were formed in residuum from diorite, hornblende schist, and other basic rock, or from 3 mixed acidic and basic rock. This series occurs as scattered areas throughout the county on broad and narrow ridges and strongly sloping to steep side slopes. Monacan soils are nearly level, somewhat poorly drained soils that have a predominantly loamy subsoil. These soils were formed in fluvial sediment on flood plains. This series occurs throughout the county as long, narrow bands parallel to streams and drainageways. 2.0 WATER RESOURCES This section describes each water resource and its relationship to major water systems. Water resources located in Mecklenburg County have generally been encroached upon by development and drainage practices. 2.1 Streams, Rivers, Impoundments, etc. The proposed project lies within the Yadkin-Pee Dee River Basin. Water flow is generally from-southwest-to northeast and bottom composition is primarily sand -and clay sediments which.. are a result of heavy erosion along the creek banks. Exposed rock outcrops as well as leaf litter zones are also present in scattered locations along Mallard Creek. Creek banks are steep 3 m to 3.6 m (10 to 12 ft high) and scarped. Width ranges from 2.5 m to 6 m (8 to 20 ft) while depth ranges from 0.1 m to 0.6 m (0.5 ft to 2 ft) in deeper holes. One impounded area (pond) is located on the south side of Mallard Creek Church Road approximately 120 m (400 ft) west of the intersection of US 29 and Mallard Creek Church Road. This pond covers approximately 0.4 hectares (1 acre) and pond depth ranges from 0.6 m to 2.5 m (2 ft to 8 ft). The substrate is composed of eroded sediments from development practices. 2.2 Water Quality Mallard Creek has a best usage classification of C. Class C waters are suitable for aquatic life propagation and survival, fishing, wildlife, secondary recreation and agriculture. No waters classified as High Quality Waters (HQW), Outstanding Resource Waters (ORW) or waters designated as WS-1 or WS-11 will be impacted by the proposed project, nor are these resources located within 1.6 km (1 mile) of the subject area. The Benthic Macroinvertebrate Ambient Network (BMAN) addresses long term trends in water quality at fixed monitoring sites by the sampling for selected benthic macroinvertebrates. These organisms are sensitive to very subtle changes in water quality. Good water quality is associated with high taxa richness (the number of different types of organisms) and the presence of many species intolerant to pollutants and low levels of dissolved oxygen. Water quality degradation gradually eliminates the more sensitive species and leads to a community structure quite different from that in an unstressed stream. BMAN information is not available for the immediate project area. 4 The National Pollutant Discharge Elimination System (NPDES) lists one discharger ( CMUD-Mallard Creek Waste Water Treatment Plant) for Mallard Creek. This discharger is located downstream of the study area. 2.3 Anticipated Impacts to Water Resources Potential impacts to Mallard Creek include increased sedimentation from construction-related erosion. Poorly managed application of sedimentation control policies can result in serious damage to the aquatic environment. Increased sediment loads can cause mortality among less hardy organisms and their progeny due to associated factors such as toxic run-off, increased turbidity, reduction of dissolved oxygen content, smothering of fish eggs, clogging of gills and filter feeding organs. Sedimentation and erosion control measures should be strictly enforced during the construction stage of this project. 3.0-,,.BIOTIC RESOURCES Living systems described in the-following sections include communities of associated plants and animals. These descriptions refer to the dominant plants and animals in each 'community and how these biotic components relate to one another. Lists'of vertebrate species which were visually observed during field surveys are contained in Tables a-d of Appendix A. Complete listings of fauna which may occur in the study area can be found in one or more technical references in section 5.0. Scientific nomenclature and common names (when applicable) are used for plant and animal species described. Subsequent references to the same species will include the common name only. 3.1 Terrestrial Communities Man-dominated and Mixed Pine/hardwood Forest are the 2 terrestrial communities found in the subject project study area. Dominant faunal components associated with these terrestrial areas will be discussed in each community description, however many species are adapted to the entire range of habitats found along the project alignment and may not be mentioned in each community description. 3.1.1 Man-Dominated This highly disturbed community makes up the majority of the terrestrial communities found in the project study area and includes road shoulders, cutover, soccer field, pasture, and lawn habitats. Many plant species characteristic of the roadside are adapted to disturbed and maintained habitats. The more well-maintained (mowed) areas are dominated by fescue (Festuca sp.), Bermuda grass (C ny odon dactylon), plantain (,antago sp.), and clover (Trifolium spp.) along with a variety of ornamental herbs, vines, shrubs and trees. Native trees, such as red maple (Acer rubrum) and red cedar (Juniperus virginiana) are also present throughout yards and lawns. Many animals present in these disturbed habitats are opportunistic and capable of surviving on a variety of forage resources ranging from vegetation (flowers, leaves, seeds, and fruits) to animal matter (living and dead). Gray squirrel (Sciurus carolinensis), Virginia opossum (Didelphis virginiana), northern cardinal Cardinalis cardinalis), northern mockingbird (Mimus pol lottos), American crow (Corvus brachyrhynchos), ruby-throated hummingbird (Archilochus colubris), and mourning dove (Zenaida macroura) are examples o species attracted to lawns and gardens by the year-round feeding stations and abundance of cultivated forage items provided by humans. Six-lined racerunner (Cnemidophorus sexlineatus), rufous-sided towhee (Pi ilo er thro hthalmus), and several species of mice (Peromvscus spp.) prefer the less wel maintained margins or ecotones of road shoulders and lawns. . Mortality among animals which migrate across roadways provides forage for opportunistic species such as turkey vulture (Cathartes aura) and Virginia opossum which may in turn become fatalities and subsequently forage items themselves. Reptiles and amphibians, including toads, frogs, turtles, and snakes, may sun themselves on the roadside and even lie on the road surface at night to absorb heat. Less well maintained areas have succeeded to dense grassland and scrub\shrub stages of development. Lower growing, grassland areas are dominated by vegetation such as fescue, sericea (Lespedeza spp.), golden rod ( Solidago sp.), mourning glory (I omomea sp.), Japanese honeysuckle (Lonicera japonica), and poison ivy (Toxicodendron radicans). Saplings and young trees such as, shortleaf pine (Pinus echinata), ash (Fraxinus sp.), red cedar, red maple, sweetgum (Li uidambar stvraciflua), tulip tree (Liriodendron tulipifera), dogwood (Cornus f orida), redbud (Cercis canadensis), and black cherry (Prunus serotina) along with smooth sumac (Rhus labra), blackberry (Rubus sp.), and grape (Vitus rotundifolia) predominate in the scrub\shrub habitats. Kudzu (Pueraria lobata) is an introduced and obvious component of these ecotonal areas and is in the process of smothering out native vegetation at one location at the northeast corner of the intersection of Mallard Creek Church Road and US 29. Many animals which use less well maintained habitats prefer dense vegetation of disturbed areas for nesting and or foraging. Some species, including the five-lined skink (Eumeces fasciatus), eastern fence lizard (Sceloporus undulatus), and hispid cotton rat Si modon hispiduus , use brush piles, dead vegetation, and vine thickets as refuge and breeding areas. Avian species found in this early successional community include red-tailed hawk (Buteo jamaicensis), American Crow (Corvus brachyrhynchos), northern bobwhite (Colinas virginianus), and blue grosbeak (Guiraca caerulea). 3.1.2 Mixed Pine/Hardwood Forest The mixed pine/hardwood forest is an upland community which at most locations has been heavily impacted by logging. Logging roads direct this community which is stratified into three primary vegetational strata, including canopy, subcanopy, and shrub/vine/herb layers. 6 The canopy is composed primarily of shortleaf pine, tuliptree, and scattered oaks (uercus spp.). Red cedar, red maple, sweet gum, tuliptree, winged elm (Ulmus alata) and black cherry dominate the subcanopy. Birds dominate these levels of vegetation while a few mammals and amphibians are also found here. Broad-winged hawk (Buteo platypterus), red- bellied woodpecker (Melanerpes carolinus), Carolina chickadee (Parus carolinensis), white-breasted _ nuthatch (Sitta carol inensis and red-eyed vireo (Vireo olivaceus) are common. Gray treefrogs (Hyla chr soscelis, H. versicolor), and gray squirrel also nest and or forage in t?;y Another canopy resident the eastern screech-owl (Otus asio) forages on the forest floor. The shrub\vine\herb layer includes saplings of oaks as well as flowering dogwood, blackberry (Rubus sp.), broomstraw (Andropogon sp.), goldenrod (Solidago sp.), rose (Rosa sp.) grape (Vitis rotundifolia), and poison ivy (Toxicodendron radicans). The density of vegetative cover in this layer forms many refuges for a variety of smaller animals as well as white-tailed deer (Odocoileus virginianus). Passerine birds such as tufted titmouse (Parus- ice), Carolina wren (Thryouthorus ludovicianus), black- and-white warbler (Mniotlta varia).-and northern car ina are present throughout this habitat. Other animals likely to be found in or beneath the shrub/vine/herb layer include slimy salamander (Plethodon glutinosus), eastern fence lizard copperhead (Agkistrodon contortrix), and southeastern shrew (Sorex longirostris). 3.2 Aquatic Communities Although discussions of aquatic resources typically address the biota of the waterbody itself, adjacent uplands tend to be integral components of water resources with which they are associated. Therefore buffers (uplands) in the immediate vicinity of aquatic communities will be included in the following discussions. A piedmont stream habitat (Mallard Creek) is crossed by the proposed project alignment. Areas associated with Mallard Creek have been deforested for development leaving a small buffer of hardwood forest approximately 6 m (20 ft) wide on either side of the creek channel. This buffer is dominated in the canopy by box elder (Ater ne undo), sycamore (Piatanus occidentalis), ash, and black walnut (Juglans nigra). The understory contains black willow (Salix ni ra), and dogwood (Cornus amomum) while the relatively sparce shrub\vine herb layer is composed of giant cane (Arundinaria gigantia),- grape (Vitus rotundifolia), violet (Viola sp.) and knotweed (Poligonum sp.). This small buffer provides nesting and foraging habitat as well as stop over habitat for variety of birds. Northern cardinal, catbird (Dumetella carolinensis), and Carolina wren nest and forage in the shrubs along the creek while ovenbird (Seiurus aurocapillus) and Louisiana waterthrush (Seiurus motacilla) nest and forage in leaf liter and associated vegetation. Feeding evidence on black walnuts by gray squirrel is apparent, while other evidence (gnawing marks on twig and limb segments) suggests that beaver (Castor canadensis) may be present upstream of the project area. Other vertebrate inhabitants of Mallard Creek include fish, amphibians, and reptiles. Fish diversity is usually related to waterbody size and thus is relatively low in Mallard Creek as compared to larger -streams or rivers. Species such as sunfish (Le omis spp.) and red lip shiner (Notropis chiliticus) appear to be common inhabitants of this system. Amphibians and reptiles which may be found in and around this creek include northern dusky salamander (Desmo nathus fuscus), leopard frog (Rana sphenocephala), snapping turtle Chel dra serpentine)-, and northern watersnake (Nerodia si edon). Invertebrate inhabitants of Mallard Creek include species such as crayfish (Cambaris spp. and Procambaris spp.) which scavenge on animal matter. While the Asian clam (Corbicula fluminea) an introduced clam,A s also common, and acquires nutrients through fi ter feeding. These clams tend to be able to survive in water resources which have reduced water quality. A small pond will also be impacted by the proposed construction. Pond banks are vegetated by button bush (Ce halanthus occidentalis) and soft needle rush (Juncus effusus), and/ notwee. Fish, amphibians, reptiles dominate the vertebrate component of this ponds community. Large mouth bass (Microterus salmoides), other sunfish, frogs (Rana spp.), painted turtle (Chr sem s Pi-cta), snapping turtle, and northern watersnake are all likely inhabitants o the pond. Birds such as great blue heron (Ardea herodias) seeks out prey along the pond banks while the belted kingfisher (Ceryle alcyon) may forage on the ponds surface. 3.3 Anticipated Impacts to Biotic Communities Biotic community impacts resulting from project construction are being addressed separately-as terrestrial impacts and aquatic impacts. However, impacts to terrestrial communities, particularly in locations exhibiting moderate to steep slopes can result in -the aquatic community receiving heavy sediment loads as a consequence of erosion. It is important to understand that construction impacts may not be isolated to the communities in which they occur. 3.3.1 Terrestrial Truly natural communities are few in the project area and those communities remaining have been highly fragmented and reduced as a result of previous development. The man- dominated community component of the project area will receive the greatest impact from habitat reduction resulting in the loss and displacement of plant and animal life, regardless of which alignment is chosen. Highways also can become death traps, for many animals which try to cross roads, as well as barriers to other species which are less mobile. It is recommended, from an environmental standpoint, that alignments be chosen which follow an existing road to-minimize loss of the-few remaining forested areas. Anticipated impacts to terrestrial communities are listed by proposed alignments in Table 2. 8 Table 2. Anticipated Impacts to Terrestrial Communities by Alternative (hectares\acres) Community Type * Project Alternative MD MPHF Totals Alt 1 9.6\23.8 2.8\6.9 12.4\30.7 Alt 2 8.6\21.2 - 3.8\9.5 12.4\30.7 MD = Man-Dominated Community MPHF = Mixed Pine\Hardwood Forest Community Note: Impacts are based on 46 m (150 ft) of Right of Way. 3.3.2 Aquatic As mentioned previously in section 2.1 of the water resources section, the aquatic component of the project area has already been altered by sedimentation of silts from erosion due to development. Project construction is likely to increase sediment loads in Mallard Creek and the pond. Construction-related sedimentation can be harmful to local populations of invertebrates which are important parts of the aquatic food chain. Less mobile organisms such as many of the filter feeders may smothered by sedimentation. Local fish populations can also be harmed by construction-related sedimentation. Increased sediment loads and suspended particulates can-lead to the smothering of fish eggs, reduced depth of light penetration in the water column, and reduction in the waters oxygen carrying capacity. 4.0 SPECIAL TOPICS 4.1 Waters of the United States: Jurisdictional Issues .Wetlands and surface waters fall under the broad category of "Waters of the United States" as defined in 33 CFR 328.3 and in accordance with provisions of section 404 of the Clean Water Act (33 U.S.C 1344) and are regulated by the U.S. Army Corps of Engineers (COE). 4.1.1 Impacts to Wetlands and Surface waters Improvements to Mallard Creek Church Road cannot be accomplished without infringing on surface waters. Surface waters associated with the subject project are Mallard Creek and a pond west of US 29. 9 4.2 Permits Section 404 impacts to surface waters will also occur. Construction at these-sites is likely to be authorized by provisions of Nationwide Permit 33 CFR 330.5 (A) 14 under Section 404 of the Clean Water Act. This permit authorizes fills for roads crossing waters of the United States (including wetlands and other special aquatic sites) provided: a. The width of the fill is limited to the minimum necessary for the actual crossing; b. The fill placed in waters of the US is limited to a filled area of no more than 0.1 hectare (1/3 acre). Furthermore no more than a total of 62 linear meters (200 linear ft) of the fill for the roadway can occur in special aquatic sites including wetlands; C. The crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected high flows, and to prevent the restriction of low flows and the movement of aquatic organisms; d. The crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of a water of the US. This project will also require a general 401 Water Quality Certification from NCDEHNR prior to the COE issuance of a Individual 404 permit. Section 401 of the Clean Water Act (CWA) requires that the state issue or deny water quality certification for any federally permitted or licensed activity that may result in a discharge to the waters of the United States. 4.3 Mitigation The U.S. Army Corps of Engineers District Engineer (DE) is required to determine whether any activity, covered by the General Permitting Process, will result in more than minimal adverse environmental effects. If the DE determines that the adverse effects of the proposed work are more than minimal, then that office will notify the prospective permittee either: (1) That the project does not qualify for authorization on the procedures to seek authorization under an individual permit; or (2) that the project is authorized under the nationwide permit subject to the permittee submitting a mitigation proposal that would reduce the adverse environmental effects to the minimal level. Since this project will likely be authorized under Nationwide Permit process, and because only impacts to surface waters will take place it is likely no mitigation will be required by the COE. It is important to note that two future NCDOT wetland mitigation sites are located'in the proposed project alignment. One site is located on the south side of Mallard Creek Church Road west of Mallard Creek and the other site is located north of Mallard Creek Church Road east of Mallard Creek. 10 A final determination regarding mitigation requirements will be made in coordination with various environmental review agencies during the final design phase of the project. 4.4 Rare and Protected Species Some populations of plants and animals have been in or are in the process of decline either due to natural forces or due to their inability _.to coexist with man. 4.4.1 Federally Protected Species Plants and animals with federal classifications of Endangered (E), Threatened (T), Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. The U.S. Fish and Wildlife Service (USFWS) lists 2 federally protected species for Mecklenburg County as of September 20, 1993. Table 3. Federally-Protected Species for Mecklenburg County SCIENTIFIC NAME COMMON NAME STATUS Lasmigona decorata Carolina heelsplitter E Helianthus schweinitzii Schweinitz's sunflower E "E" denotes Endangered (a species that is threatened with extinction throughout all or a significant portion of its range). - Carolina heelsplitter (Lasmigona decorata) (E) The Carolina heelsplitter was known historically from several locations within the Catawba River and the Pee Dee River systems. Presently this mussel is known only from two populations in North Carolina. These populations are located in Waxhaw Creek and Goose Creek in Union County. The shell of the Carolina heelsplitter is ovate, trapezoidal, unsculptured and greenish, yellowish or brownish in-color with greenish or blackish rays. The nacre is usually pearly-white to bluish-white graying to orange near the umbo and in older specimens the entire nacre may be mottled orange. the umbo is flattened and the beaks are depressed and project a little above the hinge line. The shell averages 78 mm in length, 43 mm in height and 27 mm in width. The thin lateral teeth may or may not be well developed. 11 The Carolina heelsplitter has been found in creeks, streams and rivers. Individuals are most often found in shaded areas, either in a ponded portion of a small stream, or in runs along steep banks with a moderate current. Water less than three feet deep and substrates that are composed of soft mud, sand, muddy-sand and sandy-gravel are preferred BIOLOGICAL CONCLUSION: NO EFFECT A June 24, 1992 memorandum from North Carolina Wildlife Resources Commission states that John Alderman conducted mussel surveys in water resources associated with the project area and found poor water quality and no fresh water mussels. Therefore, no impacts to this species will result from project construction. Schweinitz's sunflower (Helianthus schweinitzii) (E) This rhizomatous perennial herb grows 1 to 2 meters tall from a cluster of carrot-like tuberous roots. The stems are usually solitary, branching only at or above mid-stem, with the branches held in candelabrum-style arches. The narrowly lanceolate opposite leaves are scabrous above, resin-dotted and loosely soft-white-hairy beneath and entire (or occasionally with a few small teeth). The leaves are approximately 18 cm long and 2.5 cm wide. Yellow flowers approximately 5.5 cm in diameter can be witnessed from September to October. Stems are often deep red in color and the fruit of this species is a smooth,-dark gray-brown achene about 5 mm long. This plant is endemic to the piedmont of the Carolinas, occurring in clearings and edges of upland woods on moist to dryish clays, clay-loams, or sandy clay-loams that often have a high gravel content and are moderately podzolized. Habitat for this species exists in the study area. Verification of the presence of this species is possible only between September and October when flowering takes place. However surveys for Helianthus species in general can be conducted prior to September and October. BIOLOGICAL CONCLUSION: NO EFFECT A plant-by-plant survey was conducted by NCDOT biologists Hal Bain and Cyndi Bell on October 5, 1993, to determine if any Helianthus species were present in suitable habitat associated with the project ROW. No sunflower species were found along the project ROW, therefore it can be concluded that the subject project will not impact Schweinitz's sunflower. 4.4.2 Federal Candidate and State Listed Species Federal Candidate species 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. The following table includes federal candidate species listed for Mecklenburg County and their state classifications 12 (Table 7). Organisms which are listed as Endangered (E), Threatened (T), or Special Concern (SC) by the North Carolina Natural Heritage Program 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. Tab-lC 4. Federal Candidate Species (and their State Status) listed for Mecklenburg County COMMON NAME STATUS (Scientific name) Federal/State HABITAT Georgia aster * C2/C Y Aster eorgi anus HeT a Ts trefoil C2/C Y Lotus helleri Nestronia C2/SR Y Nestronia umbellula to larks ur C2/E-SC Y Delphinium exaltatum "*" Population documented as extant in Mecklenburg County in the last ten years (1983-1993). Note: species represented in bold is protected by state law. 4.4.3 Summary of Anticipated Impacts Although habitat occurs in the study area, no specimens were found. However should construction parameters for this project change, new surveys for federally protected species may be warranted. No impacts to these species will result from proposed project construction. 13 - 5.0 REFERENCES American Ornithologists' Union. 1983. Check-list of North American Birds (6th ed.). .Lawrence, Kansas, Allen Press, Inc. Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Lee, D.S., J.B. Funderburg, Jr. and M.K. Clerk. 1982. A Distributional Survey of North Carolina Mammals. Raleigh, North Carolina Museum of Natural History. LeGrand, Jr., H.E. 1993. "Natural Heritage Program List of the Rare Animal Species of North Carolina". North Carolina Natural Heritage Program. Martof, B.S., W.M. Palmer,_ J.R. Bailey and J.R. Harrison III. 1980. The Amphibians and Reptiles of the Carolinas and Virginia. Chapel Hill, University of North Caroli naPress. Menhenick, E.F. 1991. The Freshwater Fishes of North Carolina. N.C.WRC., Raleigh. - - NCDEHNR-DEM. 1988. Benthic Macroinvertebrate Ambient Network (BMAN) Water Quality Review 1983-1986. NCDEHNR-DEM. .1991. Biological Assessment of Water Carolina Streams: Benthic Macroinvertebrate Data Base and nL ng Tern Q t Changes in Water Quality, 1983- 1990. NCDEHNR-DEM. 1993. "Classifications and Water Quality Standards Assigned to the waters of The Yadkin-Pee Dee River Basin". Raleigh, Department of Environment, Health and Natural Resources. NCWRC. 1990. "Endangered Wildlife of North Carolina". Raleigh, North Carolina Wildlife Resources Commission. Plant Conservation Program. 1991. Threatened and Candidate Plant Department of Agriculture. "List of North Carolina's Endangered, Species". Raleigh, North Carolina Potter, E.F., J.F. Parnell and R.P. Teulings. 1980. Birds of the Carolinas. Chapel Hill, The University of North Carolina Press.- Radford, A.E., H.E. Ahles and G.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. Chapel Hill, The University of North Carolina Press. Schafale, M.P. and A.S. Weakley. 1990. CIassificat ion of The Natural Communities of North Carolina. Third Approximation. North Caro ina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. 14 k. U.S. Department of Agriculture, Soil Conservation Service. 1980. Soil Survey of Mecklenburg County, North Carolina. North Carolina Agriculture Experiment Station. U.S. Fish and Wildlife -Service. 1979. Classifications of Wetlands and 4 h, Deepwater Habitats of the United States., U.S. Government Printing` Office, Washington D.C. Weakley, A.S. 1993. "Natural Heritage Program List of the Rare Plant Species of North Carolina". North Carolina Natural Heritage Program. Webster, W.D., J.F. Parnell and W.C. Biggs. 1985. Mammals of the Carolinas, Vir inia and Maryland. Chapel Hill, The -University of North Carolina Press. 16 The following lists of vertebrates include those species which were observed along the project alignment. Table a. Fish COMMON NAME redlip shiner sunfish Table b. COMMON NAME slimy salamander bullfrog southern leopard frog Table c. COMMON NAME great blue heron turkey vulture red-tailed hawk northern bobwhite mourning dove belted kingfisher blue jay American crow tufted titmouse Carolina chickadee Carolina wren eastern bluebird American robin northern mockingbird European starling northern cardinal rufous-sided towhee white-eyed vireo common yellowthroat ovenbird Louisiana waterthrush eastern meadowlark common grackle song sparrow SCIENTIFIC NAME Notropis chiliticus Lepomis spp. Amphibians SCIENTIFIC NAME Plethodon glutinosus Rana catesbeiana Rana sphenocephala Birds SCIENTIFIC NAME Ardea herodias Cathartes aura Buteo jamaicensis Colinus virginianus Zenaida macroura Cer_yle alcyon Cyanocitta cristata Corvus brachyrhynchos Parus bicolor Parus carolinensis Thryouthorus ludovicianus Sialia sialis Tur uus migratorius Mimus polyglottos Sturnus vulgaris Cardinalis cardinalis Pi ilo erythrophthalmus Vireo riseus Geothlypis trichas Seiurus auroca illus Seiurus motacil a Sturnelia magna uiscalus quiscula Melospiza melodia 17 Table d. Mammals COMMON NAME SCIENTIFIC NAME Virginia opossum Didelphis virginiana gray squirrel Sci'urus carolinensis beaver * Castor canadensis raccoon * Proc on ot? or white-tailed deer * Odocoi eus virginianus *" NOTE: spoor evidence only. ?` STATEo STATE OF NORTH CAROLINA DEPARTMENT OF TPANSPORTATION JAMES B. HUNT. JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III GOVERNOR P.O. BOX 25201, RALEIGH. N.G 27611-5201 SECRETARY S'eptember I6, 199T .: .`A Ui; A Im ;N ti TO . F <0 ,I : uiie Hun.in5. P.~., Unit Head Project Pit?nnin Unit al Bain. ---n4ironmenta. i.C:nia BioIoaist d? S-BJEC`.. yr;de CiCiTi to ?'atiil'ai lResozirces Technical eJ0:t -f i;i' h e ')i'oi)oseC. ii'iaen_nR o-f y1a i_..Cl ee_ Church i",Oa(; from i-S to \(_ ? in ilaF_otte. ;ieCc_I ei.0 iFR: C'ounuv , i? = i_250-'3 State P oject = 9.S1003115: -"ederai Project ioiliati ue i-ens r! O :eCt N..!dna-er KLCL77 IT ,Na?(ra i\eSou:c es eCnniCcii R epOrt C•.at'ti i c.to?er ?0. ' 99 1 i..is acaen,uin Cesc_11) s na?iiraI resouI-ces associateC: ::, s)rojeC1 r_ _s ions hot di -s c isseCi in 1ne reie'_e.nCed :aili' _ ?o rCc eC: n i L'a. ?eol't i Cr the pi'CipOSeCt i Ci e c i 11_s a ci(i e lil.L i.i!ii Q(_' L__VeJ liilpal. -, s as s o c _a rl ea w i? 1 the __ns Io J. `.a . . arC (:r C.i I i u cn .Load or, new .oco t on - i 1-o , N1ar _e:_anC_er '_?oai. i0 im-ac tS zo Lind a description oi "fie :)±.t is Com;.,iunat?" (i' ixed hardwood -forest) not encountered Cii rin the t?r _iin -A in -vest i`:. t _on1. i 11 1) e addresse+ A so cnCiiit i0iia wa er resouI-,eare .liieI y to be iaioaCteCi i_'r.C: w . `e discussed her". D, 0 T personnei Mai fain. ieCi i)e4en5 and Cy nCii Bel i 1 Con(Iucte(i additlon ai naturaI resources investigations on SeoteIilber q . 1c"ll Mi 3e i iiarciwood Forest CO.mm-L7ni t ? The in. i'_ed ha. rd` ;---d -forest 1s a.i u-11and Coiimun1t ?' Z4"i11Cil 15 Ti?Und t?iOTi` upper TCaCI1eS 0-f tiOttOiiliands where it araCes the in_-)1'lejtlai'C:«`000I OreSt This CoiTllnunitV is %? :e,,m< a,i of iarsae=,, his torica: i:' - ore'sted tracts. A, ina: yPE'CieS ioi.inc: 1:. this Coitllili.ini are similar co those illentiC.-ne-(.1 in he reie:encea 'echnicai report. The canopy is composed primarily of tuliptree (Liriodendron tulipifera), scattered oaks (Quercus spp.) and hickories (Carva spp.). Red cedar, red maple, sweet gum. tuliptree, winged elm (Ulmus alata) and black cherry dominate the subcanopy. The relatively sparse shrub\vine\herb layers include saplings of oaks, as well as flowering dogwood, blackberry (Rubus sp.), strawberry bush (Euonvmus americana), grape (Vitis rotundifolia), and poison ivy (Toxicodendron radicans). Aquatic Community Although discussions of aquatic resources typically address the biota of the water body itself, adjacent uplands tend to be integral components of water resources with which they are associated. Please refer to natural resources technical report of L-?50S for desc.riptions of plants and aniriais associated with aquatic communities and their relationships to one another. Three intermittent piedmont stream habitats are crossed bv the -evised project alignment. The largest of the three streams shows evidence of sedimentation resulting from a 11?'Piy e--- dible, sui-roundinc, iaildscape. Uti:er sUiSircte components include boulders. rock anti `ravel. Plow rate lv'as low. Tile. remainin_°_ two intermittent St?'eams exhi iced heavy sediment loads and no flow. Anticipated Impacts to Biotic Communities Biotic community impacts resulting from project construction are beins addressed separatel%. as terrestrial impacts and aquatic impacts. However, impacts to terrestrial coM;:un:_ties, part_cu.ar y in locations e-iIriibitinz mode-are to Steen slopes can result in severe Sediment loading 01?' aquatic communize. It is irlportant to understand that construction iinpacts may, not be isolated to the coin1111uniti's in which they- occur. See referenced technical report for general impact discussions and recommendations to a,.roid or minimize imnaets to biotic communities and water resources. Impacts resulting from construction of all alternatives are shown in table 1. The revised alternative is shown as alternative = 3. Table 1. Anticipated impacts to Terrestrial Communities by Alternative (hectares\acres) Community Type Alternatives MD MPHF MHF Totals Alt 1 9.6\23.8 2.8\6.9 -0- 10.0\24.6 Alt 2 8.6\21.2 3.8\9.5 -0- 10.0\24.6 Alt 3 4.9\12.0 4.0\9.9 1.\4.3 10.6\26.2 MD = .tan-Dominated Community 1.1ixed Pi ne\lardwood Forest Communi ty M H F = Mixed Hardwood Forest Community Note: Impacts in the reference technical report are based on 46 m (150 ft) of Right of Way. impacts in this table are based on 36 m (120 ft) ROW. cc: Charies Bruton. Ph.D.. Unit Head M. Randall Turner. - n'vironmentaSuoerv' isor File: U-2508 M SfATFo n? ti STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT, JR DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5201 December 15, 1994 Mr. Eric Galamb DEHNR - Div. of Environmental Management 512 North Salisbury Street Raleigh, North Carolina 27604-1148 Dear Mr. Galamb: R. SAMUEL HUNT III SECRETARY . -A, %lot - i ~L9 se's s? ?r SUBJECT: Federal Environmental Assessment for Charlotte, Mecklenburg County, Widening of Mallard Creek Church Road, SR 2472 from SR 2681 to US 29; and SR 2833 from US 29 to NC 49, F. A. Project STP - OOOS (72), State Project 8.2672601, T.I.P. Project U-2508 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: Mr. H. Franklin Vick, P. E., Manager Planning and Environmental Branch N. C. Division of Highways P. 0. Box 25201 Raleigh, North Carolina 27611 Your comments should be received by February 3, 1995. If no comments are received by that date we will assume you have none. If you desire a copy of the "Finding of No Significant Impact," please so indicate. Sincerely, . 1,f'4,DM H. Franklin Vick, P. E., Manager Planning and Environmental Branch HFV/plr N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE 22 2 "-ZZ TO: REF. NO. OR ROOM, BLDG. Mr. Eric Cxlo,-v\-3 1 iA Iy'R -?M FROM: REF. NO. OR ROOM, BLDG. A TION ? NOTE AND FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATU RE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: L4 v PROJECT S.COPING SHEET ,Date October 21, 1992 Revision Date 9'158 9.? Project Development Stage Programming Planning X Design TIP # U-2508 Project # -9?0 3--5-(S TAT-E-)-- g 72 Fg?? F.A. Project # STP-0003(72) Division , Eif' 3 190 GROUP V CCl?T3?R: County MECKLENBURG Route SR 2472 AND SR 2833 (SR 2833) (SR 2472) Functional Classification URBAN LOCAL URBAN COLLECTOR Length 2.2 MILES Purpose of Project: INCREASE CAPACITY AND SAFETY OF EXISTING MALLARD CREEK CHURCH ROAD TO IMPROVE LEVEL OF SERVICE FOR CURRENT AND DESIGN YEAR TRAFFIC. Description of project (including specific limits) and major ' elements of work: WIDEN EXISTING TWO-LANE SHOULDER SECTION TO MULTI-LANES. WIDEN OR REPLACE BRIDGE #59084 OVER MALLARD CREEK. SIGNAL UPGRADES AT US 29, NC 49, AND POTENTIALLY AT INTERCHANGE WITH I-85 Type of environmental document to be prepared: EA/FONSI Environmental study schedule: EA MAY 93 FONSI NOV 93 Will there be special funding participation by municipality, developers, or other? Yes No _X If yes, by whom and amount: ($) , or (?) How and when will this be paid? Page 2 PROJECT SCOPING SHEET Features of Proposed Facility Type of Facility: MULTI-LANE Type of Access Control: Full Partial None X Type of Roadway: Interchanges 0 Grade Separations 0 Stream Crossings 1 Typical Section of Roadway: 5-LANE CURB AND GUTTER OR 4-LANE BOULEVARD-TYPE SECTION 6o0 - /6,zoo ,6?-- 30300 Traffic: Current -7-,4-&0--1-5-,&&G-.Design Year 13 , 6-0-0-2-8 14 % Trucks 10 % DHV 10 Design Standards Applicable: AASHTO X 3R Design Speed: 45 MPH (CURRENTLY SIGNED AT 35 MPH) Preliminary Resurfacing Design: Preliminary Pavement Design: Current Cost Estimate: Construction Cost (including engineering and contingencies) . . . . . . . . . . . $ yI) t 050, 000 Right of Way Cost (including rel., util., and acquisition). . . . . . . . . . . . $ Force Account Items. . . . . . . . . . $ Preliminary Engineering. . . . . . . . $ Total Cost . . . . . . . . . . . . . . . . $ TIP Cost Estimate: Construction . . . . . . . . . Right of Way . . . . . . . . . Total Cost $ 4,050,000 $ 1,570,000 . . $ 5,620,000 List any special features, such as railroad involvement, which could affect cost or schedule of project: PUBLIC RECREATION PARK NEAP. US 29. UNCC MAY PUSH FOR AN ALTERNATE ON NEW LOCATION TO MINIMIZE CONGESTION @ PARKING LOTS. A SIGN/Frc?4?/r /t/sro?/c PRoP??'rY /s ?oc.?T?? ?u3? w?sT of Lls ?9 on/ F/F a/? Prff S/.D.? of 3R ?Y7.? _ Page 3 PROJECT SCOPING SHEET ITEMS REQUIRED ( } COMMENTS COST Estimated Costs of Improvements: Pavement Surface . . . . . . . . . . . . . . . . $ Base . . . . . . . . . . . . . . . . . . $ Milling & Recycling . . . . . . . . . . $ Turnouts. $ Shoulders: Paved. . . . . . . . . . . . $ Earth. . . . . . . . . . . . $ Earthwork . . . . . . . . . . . . . . . . . $ Subsurface Items: . . . . . . . . . . . . . $ Subgrade and Stabilization. . . . . . . . . $ Drainage (List any special items) . . . . . $ Sub-Drainage. . . . . . . . $ Structures: Width x Length Bridge Rehabilitation X $ New Bridge X $ Widen Bridge X $ Remove Bridge X $ New Culverts: Size Length _ . . . $ Fill Ht. Culvert Extension . . . . . . $ Retaining Walls: Type Ave. Ht. $ Skew _ Noise Walls . . . . . . . . . . . . $ Any Other Misc. Structures. . . . . . . . $ Concrete Curb & Gutter... $ Concrete Sidewalk . . $ Guardrail . . . . . . . . .. . . . . . . . . $ Fencing: W.W. and/or C.L. _ $ Erosion Control . . . . . . . . . . . . . . _ $ Landscape . . . . . . . . . . . . . . . . . $ Lighting . . . . . . . . . . . . . . . . . . $ Traffic Control . . . . . . . . . . . . . . $ Signing: New. . . . . . . . . . . $ Upgrading. $ Traffic Signals: New . . . . . . . . . $ Revised . . . . . . . $ RR Signals: New . . . . . . . . . . . . $ Revised . . . . . . . . . . $ With or Without Arms. . . . $ If 3R: Drainage Safety Enhancement. $ Roadside Safety Enhancement. $ Realignment for Safety Upgrade $ Pavement Markings: Paint Thermo $ Markers Delineators . . . $ Other $ CONTRACT COST (Subtotal): $ Page 4 PROJECT SCOPING SHEET Contingencies & Engineering . . . . . . . . . $ PE Costs . . . . . . . . . . . . . . . . $ Force Account . . . . . . . . . . . . . . . . $ Subtotal: $ Right of Way: Will Contain within Exist Right of Way: Yes Existing Right of Way Width: New Right of-Way Needed: Width Est. Cost $ Easements: Type Width Est. Cost $ Utilities: $ Right of Way Subtotal: $ No Total Estima ed Cost udes R/W): $ Prepared By: Date: Oc r ?/ 199.Z The above scoping has been reviewed and approved* by: INIT. DATE Highway Design Roadway Structure Design Services Geotechnical Hydraulics Loc. & Surveys Photogrammetry Prel. Est. Engr. Planning & Environ. Right of Way R/W Utilities Traffic-.Engineering Project Management County Manager City/Municipality Others INIT. DATE Board of Tran. Member Mgr. Program & Policy Chief Engineer-Precons Chief Engineer-Oper 'Secondary Roads Off. Construction Branch Roadside Environmental Maintenance Branch .Bridge Maintenance Statewide Planning Division Engineer Bicycle Coordinator Program Development FHWA Dept. of Cult. Res. Dept. of EH & NR Scope Sheet for local officials will be sent to Division Engineer for handling. Comments or Remarks: *If you are not in agreement with proposed project or scoping, note your proposed revisions in Comments or Remarks Section and initial and date after comments. MECKLENBURG COUNTY IN. i i ]7.e !•0° 0) 1623 ]71]_ . --SR 2833 1 _7 .1 9 o?.Q) .13 i 64 .06 1 1 + t t. Mallord ?? b^ .334! / f I :L' C, ..k .Ch i y0 1771 C .l6 ` ]69eJ? 327 ].)] L? i i SR 2472 ]6l9 1 ?+ \T BEGIN \ I PROJECT N \ n 79 C? yQ / ?400 ^1 ?>31 ? ]de5 S7 .ed? I.vv \ t .01 / o ,e0o ,,Q 0 m n 971 o? I \ m i o] END ?J?I .s.d oS\ % / f ? PROJECT t f5 f U.N.C. of CHARLOTTE f F O, ye l 8-k C-k Ch. '--"a NORTH CAROLINA DEPARTMENT 0 ps .ps TRANSPORTATION .20 DIVISION Or HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH ]oiv c ' ]vi? 3071 307,lkc. MALLARD CREEK CHURCH ROAD "° SR 2472 FROM SR 2681 TO US 29 .o2221 AND Ob y - ]02 e o .sq. ]°se. I i a;,o? /e]e SR 2833 FROM US 29 TO NC 49 od=5 °„°o ?o Jae, j T. I. P. NUMBER U-2508 .05 >o] 0 0 o pa .e.Q •o, .ese ° oy !e5) .e51 .4?e F, .eis pJ 3?pp !dle 1e 19- ?b !4.1? `0 I?l?r FIG. 1 NOTICE OF A PUBLIC WORKSHOP ON THE PROPOSED IMPROVEMENTS TO MALLARD CREEK CHURCH ROAD FROM I-85 TO NC 49 Project 8.2672601 U-2508 Mecklenburg County The above workshop will be held on April 22, 1993 between the hours of 4:00 p.m. and 8:00 p.m. in the Mallard Creek Presbyterian Church Activity Building, located just west of I-85 on Mallard Creek Church Road. Representation of the Department of Transportation will be available to discuss the proposed project. All interested persons are invited to attend during the scheduled hours. If additional information is needed, contact Mr. Ted Devens, NCDOT, Planning and Environmental Branch, 919 733-3141 or P.O. Box 25201, Raleigh, NC 27611. NCDOT will provide reasonable accommodations, auxiliary aids, and services for any qualified disabled person interested in attending the public workshop. To request the above you may call Mr. Devens at the above number no later than seven days prior to the date of the workshop. ,T_,. ? ?, ,? M ?' g ?? ? r ?vC 6? 'tivo- State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street - Raleigh, North Carolina 27611 James B. Hunt, Jr., Governor February 25, 1993 Jonathan B. Howes, Secretary MEMORANDUM TO: Melba McGee, Planning and Assessment FROM: Monica Swihar#, Water Quality Planning SUBJECT: Scoping Comments - NCDOT Improvements to Mallard Creek Church Road (SR 2472) From I-85 to US 29, (SR2833) From US 29 to NC 49, Mecklenburg County, State TIP #U-2508 Project Review #93-0668 The Water Quality Section of the Division of Environmental Management requests that the following topics be discussed in the environmental documents prepared on the subject project: A. Identify the streams potentially impacted by the project. The stream classifications should be current. B. Identify the linear feet of stream channelizations/ relocations. If the original stream banks were vegetated, it is requested that the channelized/relocated stream banks be revegetated. C. Number of stream crossings. D. Will permanent spill catch basins be utilized? DEM requests that these catch basins be placed at all water supply stream crossings. Identify the responsible party for maintenance. E. Identify the stormwater controls (permanent and temporary) to be employed. F. Please ensure that sediment and erosion and control measures are not placed in wetlands. REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh. North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer G. Wetland Impacts 1) Identify the federal manual used for identifying and delineating jurisdictional wetlands. 2) Have wetlands been avoided as much as possible? 3) Have wetland impacts been minimized? 4) wetland impacts by plant communities affected. 5) Quality of wetlands impacted. 6) Total wetland impacts. 7) List the 401 General Certification numbers requested from DEM. H. Will borrow locations be in wetlands? Prior to the approval of any borrow source in a wetland, the contractor shall obtain a 401 Certification from DEM. I. Did NCDOT utilized the existing road alignments as much as possible? Why not (if applicable)? Written concurrence of 401 Water Quality Certification may be required for this project. Applications requesting coverage under our General Certification 14 or General Permit 31 will require written concurrence. Please be aware that 401 Certification may be denied if wetland impacts have not been avoided and minimized to the maximum extent practicable. 8395er.mem cc: Eric Galamb ST\TE OF FORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF H(GI-i??!-?1'S NC _ P.O. GOX 25201. RALEIGH.:'-C. 27611-5201 February 4, 1993 SAN1 H? \- SECRETA: MEMORANDUM TO: Mrs. Chrys Baggett, Director State Clearinghouse Dept. of Administration FROM: L. J. Ward, P. E., Manager 9 Planning and Environmental Branch SUBJECT: Mallard Creek Church Road (SR 2472) From I-85 to US 29, (SR 2833) From US 29 to NC 49, Mecklenburg County, TIP Project U-2508 t?,I C'J?A The Planning and Environmental Branch of the Division of Highways has begun studying the proposed improvements to Mallard Creek Church Road. The project is included in the 1992 North Carolina Transportation Improvement Program and is scheduled, for right of way in fiscal year 1994 and construction in fiscal year 1995. Mallard Creek Church Road is to be widened from just east of interstate 85 to NC 49, utilizing a 50 mph design standard. The improvement will require flattening of several curves. Two alternative cross-sections are being considered. Both cross-sections are a four-lane highway divided by a 16-foot raised median. Alternative 1 uses outside curb and gutter with 8-foot berms on 100 feet of right-of-way. Alternative 2 is an outside shoulder section on approximately 150 feet of right-of-way. A slight realignment may be necessary to avoid impacting a potentially historic site just west of US 29. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. If applicable, please identify any permits or approvals which may be required by your agency. Your comments will be used in the preparation of a document evaluating environmental impacts of the project. It is desirable that your agency respond by April 20, 1993 so that your comments can be used in the preparation of this document. If you have any questions concerning the project, please contact Ted Devens, P. E., Project Planning Engineer, of this Branch at (919) 733-7842. LJ°:/pl r Attachment FEB ! 1 \ 9r It ? 1 MECKLENBURG' COUNTY NIECKL C ..,,,a`?,??? m 49 / ? diner: ile / f / f h? 1`ewell? C hatte' - Alit ?Mint?ill 51 rfl?l?l'?bc ? NORTH CAROLINA DEPARTINIENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH MALLARD CREEK CHURCH ROAD SR 2472 FROM SR 2681 TO US 29 AND SR 2833 FROM US 29 TO NC 49 T. I. P. NUMBER U-2508 FIG. 1 N'C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE !??-3HD TO: REF. NO. OR ROOM, BLDG. -. EL i mo FROM. REF. NO. OR ROOM, BLDG. ie(A ?)P uens 1-5 ACTION ? NOTE AND FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? 'TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: SrATp y JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 25201 RALEIGH 27611-5201 October 23, 1992 WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR MEMORANDUM TO: Mr. Eric Galamb Division of Environmental Maann?agement` FROM: L. J. Ward, P. E., Mana;? , `? ' a, ?? .; Planning and Environmental Branch SUBJECT: Review of Scoping Sheet for Mallard Creek Church Road, (SR 2472) from SR 2681 to US 29; (SR 2833) from US 29 to NC 49, Mecklenburg County, State Project 9.8100315, TIP Project U-2508 Attached for your review and comments are the scoping sheets for the subject project (See attached map for project location). The purpose of these sheets and the related review procedure is to have an early "meeting of the minds" as to the scope of work that should be performed and thereby enable us to better implement the project. A scoping meeting for this project is scheduled for November 24, 1992 at 9:00 A. M. in the Planning and Environmental Branch Conference Room (Room 470). You may provide us with your comments at the meeting or mail them to us prior to that date. Thank you for your assistance in this part If there are any questions about the meeting or call Ted Devens, Project Planning Engineer, at TD/plr Attachment G ass ? of our planning process. the scoping sheets, please 733-7842. An Equal Opportunity/Affirmative Action Employer DIVISION OF HIGHWAYS MECKLENBURG COUNTY i i 2470 • .Oa0, ' .06 / f t ti rasa at Mallard t? P f :3! Ge h ?. I 2771 S0 t ' •!6 / 2690 'J> 34i2 Q 2473 F f aY 1 SR 2472 2629 \ ft \i BEGIN 472 tr Oard \ ft ° 16'11 PROJECT M f -" \ f eo9 \b7 a6]6 ]] 2611 ''7 \ t .10 x623 IJ 4620 .0a f61 ? ?p p7 \aei o O' _ tt \ / ?rJ .J0 2123 SR 2833 \\ .f .1612016 .73o Oj ^ 613 `06 7713- 260} \ ?L \ ?o '- \ 7 * \63` Bet \ 9 W ? / f 2.00 \ /a 'O 2 a6o ° .16 m m 0Dad7? \f .a/a ° o o? ap2a tt X677 0a S (\ 1y _- OJ 00 \ f \ a619_ Ob 2D- o _ ` ?eg 211± ell f END JECT ?i PRO t V.N.C. 01 CHARLOTTE j f } o \ J - Back Creek Ch. !6!1 2-35 NORTH CAROLINA DEPARTMENT Of, .05O5 TRA'QSPORTATION jlJd .p $32 DIVISION OF HIGHWAYS e? PLANNING AND ENVIRONMENTAL I3IZANCH ;019 pv \ 29]9 X021 3021'j' MALLARD CREEK CHURCH ROAD °;° SR 2472 FROM SR 2681 TO US 29 ,oo9-ob ?" / AND SR 2833 FROM US 29 TO NC 49 3060 .,? ..,6q 7; f6se. .°s T. I. P. NUMBER U-2508 o 3069 12601 ' / \? I J ?> 41 FIG. 1 PROJECT SCOPING SHEET Date October 21, 1992 Revision Date Project Development Stage Programming Planning X Design TIP # -2508 Project # 9.8100315 (STATE) d F.A. Project # Division 1 County MECKLENBURG Route SR 2472 AND SR 2833 (SR 2833) (SR 2472) Functional Classification URBAN LOCAL URBAN COLLECTOR Length 2.2 MILES Purpose of Project: INCREASE CAPACITY AND SAFETY OF EXISTING MALLARD CREEK CHURCH ROAD TO IMPROVE LEVEL OF SERVICE FOR CURRENT AND DESIGN YEAR TRAFFIC. Description of project (including specific limits) and major elements of work: WIDEN EXISTING TWO-LANE SHOULDER SECTION TO MULTI-LANES. WIDEN OR REPLACE BRIDGE #59084 OVER MALLARD CREEK. SIGNAL UPGRADES AT US 29, NC 49, AND POTENTIALLY AT INTERCHANGE WITH I-85. Type of environmental document to be prepared: EA/FONSI Environmental study schedule: EA MAY 93 FONSI NOV 93 Will there be special funding participation by municipality, developers, or other? Yes No _X If yes, by whom and amount: ($) , or (%) How and when will this be paid? Page 2 PROJECT SCOPING SHEET Features of Proposed Facility Type of Facility: MULTI-LANE Type of Access Control: Full Partial None X Type of Roadway: Interchanges 0 Grade Separations 0 Stream Crossings 1 Typical Section of Roadway: 5-LANE CURB AND GUTTER OR 4-LANE BOULEVARD-TYPE SECTION Traffic: Current 7,400-15,600 Design Year 13,600-28,100 % Trucks 10 % DHV 10 Design Standards Applicable: AASHTO X 3R Design Speed: 45 MPH (CURRENTLY SIGNED AT 35 MPH) Preliminary Resurfacing Design: Preliminary Pavement Design: Current Cost Estimate: Construction Cost (including engineering and contingencies). . . . . . . . . . . $ Right of Way Cost (including rel., util., and acquisition) . . . . . . . . . . . . $ Force Account Items. . . . . . . . . . . . $ Preliminary Engineering. . . . . . . . . . $ Total Cost. TIP Cost Estimate: Construction . . . . . Right of Way . . . . . Total Cost . . . . . . . . . . . . . . $ . . . . . . . . $ 4,050,000 . . . . . . . . $ 1,570,000 . . . . . . . . $ 5,620,000 List any special features, such as railroad involvement, which could affect cost or schedule of project: PUBLIC RECREATION PARK NEAR US 29. UNCC MAY PUSH FOR AN ALTERNATE ON NEW LOCATION TO MINIMIZE CONGESTION @ PARKING LOTS. Estimated Costs of Improvements: Pavement Surface . . . . . . . . . . . . . . . . $ Base . . . . . . . . . . . . . . . . . $ Milling & Recycling . . . . . . . . . $ Turnouts. . . . . . . . . . . . . . . . $ Shoulders: Paved. . . . . . . . . . . . $ Earth. . . . . . . . . . . . $ Earthwork . . . . . . . . . . . . . . . . . $ Subsurface Items: . . . . . . . . . . . . . $ Subgrade and Stabilization. . . . . . . . . $ Drainage (List any special items) . . . . . $ Sub-Drainage . . . . . . . . . . . . . . . . $ Structures: Width x Length Bridge Rehabilitation x $ New Bridge x $ Widen Bridge x $ Remove Bridge X $ New Culverts: Size Length $ Fill Ht. Culvert Extension . . . . . . . . . . . . $ Retaining Walls: Type Ave. Ht. $ Skew Noise Walls . . . . . . . . . . . . . . . $ Any Other Misc. Structures. . . . . . . . $ Concrete Curb & Gutter. . . . . . . . . $ Concrete Sidewalk . . . . ... . . . . . $ Guardrail . . . . . . . . . . . . . . . $ Fencing: W.W. and/or C.L. $ Erosion Control . . . . . . . . . . . . . . $ Landscape . . . . . . . . . . . . . . . . . $ Lighting . . . . . . . . . . . . . . . . . . $ Traffic Control . . . . . . . . . . . . . . $ Signing: New . . . ... . . . . . . . . $ Upgrading . ... . . . . . . . . $ Traffic Signals: New . . . . . . . . . $ Revised . . . . . . . $ RR Signals: New . . . . . . . . . . . . $ Revised . . . . . . . . . . $ With or Without Arms. $ If 3R: Drainage Safety Enhancement. $ Roadside Safety Enhancement. $ Realignment for Safety Upgrade $ Pavement Markings: Paint Thermo $ Markers Delineators . . $ Other . . $ CONTRACT COST (Subtotal): $ Page 4 PROJECT SCOPING SHEET Contingencies & Engineering $ PE Costs . . . . . . . . . . . . . . . . . . $ Force Account . . . . . . . . . . . . . . • • $ Subtotal: $ Right of Way: Will Contain within Exist Right of Way: Yes Existing Right of Way Width: New Right of Way Needed: Width Est. Cost $ Easements: Type Width Est. Cost $ Utilities: $ No Right of Way Subtotal: $ Total Estimated Cost (Includes R/W): $ Prepared By: Date: The above scoping has been reviewed and approved* by: INIT. DATE INIT. DATE Highway Design Board of Tran. Member Roadway _ Mgr. Program & Policy _ Structure Chief Engineer-Precons_ Design Services Chief Engineer-Oper Geotechnical Secondary Roads Off. Hydraulics Construction Branch Loc. & Surveys Roadside Environmental- Photogrammetry Maintenance Branch Prel. Est. Engr. Bridge Maintenance _ Planning & Environ. Statewide Planning Right of Way Division Engineer R/W Utilities Bicycle Coordinator - Traffic Engineering Program Development Project Management FHWA _ County Manager Dept. of Cult. Res. City/Municipality Dept. of EH & NR - Others Scope Sheet for local officials will be sent to Division Engineer for handling. Comments or Remarks: *If you are not in agreement with proposed project or scoping, note your proposed revisions in Comments or Remarks Section and initial and date after comments. y J- State of North-Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Saiisbwy Street • Raleigh, North Carolina 27604 James G. Marvin, Governor William W. Cobey, Jr., Secretary November 25, 1992 MEMORANDUM To: Mr. Jack Ward NC DOT From: Eric Galamb DEHNR 25? Subject: Scoping Meeting on Mallard Creek Church Road Mecklenburg County TIP Project U-2508 A. Preston Toward, Jr., P.E. Acting Director A meeting was held yesterday on the subject project. This memo is to reiterate comments made at the meeting. Mallard Creek is a class "C" stream. DEM endorses a widening of Mallard Creek Church Road. There are utility lines between the existing road and a state listed historic house. Is it feasible to widen SR 2472 north of US 29 and still avoid impacting this house while not impacting the large pond adjacent to the junk yard? DEM requests that the corridor be protected under the 1987 Roadway Corridor Official Map Act especially within the city limits of Charlotte. Should you have any questions, please contact me at (919) 733-1786. cc: file REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-salcm 704/251-6208 919/486-1541 704/663-1699 919/571-4700 9191946-6481 919/395-3900 919/896-7007 Pollution prevention pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer _- -- -- ., ..; --- - - - - ? S _ ,: - - - - ;, i N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE TO: REF. NO. OR ROOM, BLDG. mr. G;r- Liam h -E FROM: REF. NO. O ROOM, BLDG. RR ACTION ? NOTE AND FILE ? PER OUR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT COMMENTS: 1-2 ~ D O ? qum,MO'' STATE OF NORTH CAROLIN. DEPARTMENT OF 1PANSPO JAMES B. HUNT, JR. DIVISION OF HIGHWAYS GOVERNOR P.O. BOX 25201, RALEIGH, N.C. 27611-5: February 4, 1993 MEMORANDUM TO: Mr. Eric Galamb DEM - DEHNR, 6th Floor FROM: L. J. Ward, P. E., Manager 9. Planning and Environmental Branc SUBJECT: Mallard Creek Church Road (SR 2472) From I-85 to US 29, (SR 2833) From US 29 to NC 49, Mecklenburg County, TIP Project U-2508 The Planning and Environmental Branch of the Division of Highways has begun studying the proposed improvements to Mallard Creek Church Road. The project is included in the 1992 North Carolina Transportation Improvement Program and is scheduled for right of way in fiscal year 1994 and construction in fiscal year 1995. Mallard Creek Church Road is to be widened from just east of Interstate 85 to NC 49, utilizing a 50 mph design standard. The improvement will require flattening of several curves. Two alternative cross-sections are being considered. Both cross-sections are a four-lane highway divided by a 16-foot raised median. Alternative 1 uses outside curb and gutter with 8-foot berms on 100 feet of right-of-way. Alternative 2 is an outside shoulder section on approximately 150 feet of right-of-way. A slight realignment may be necessary to avoid impacting a potentially historic site just west of US 29. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. If applicable, please identify any permits or approvals which may be required by your agency. Your comments will be used in the preparation of a document evaluating environmental impacts of the project. It is desirable that your agency respond by April 20, 1993 so that your comments can be used in the preparation of this document. If you have any questions concerning the project, please contact Ted Devens, P. E., Project Planning Engineer, of this Branch at (919) 733-7842. LJW/plr Attachment 3712 MECKLENBURG COUNTY 2470 .04 21,76 .06 1 / '65 Mallard Y< bM1 2661 / Creek Ch. / f Z? f .16 I / 2696 2771 -7l +047 , P 2472 F 'f f tkSR 2 4 7 2 2679 V' 1 PROJECT Map°'? \ 1 \ 1 4626 22 f \p 162J 13 46 c 07 --SR 2833 f 4617 0.41 6k / 2600 Cr6 4e \ ,Z 4a2?\9 4'. / ? 094672 ?, ?/ p? \ 46_19 .04 \ 1 \ 1y r 29 2834 622 F^P 7 ? f p 2665 / 1516 j END s? t Back Creek Ch. 0 G'? / PROJECT °f 2664. \ i f ` t V \ U.N.C. of CHARLOTTE 166_5 aaz. 4656 I, .1641 .4615 '4616 1 Boa 2635 NORTH CAROLINA DEPARTMENT OF os .os 3019 TRANSPORTATION 6 DIVISION OF HIGHW 0022 547 11 ?_ 'ia //?1 \\ 7064 AYS PLANNING AND ENVIRONMENTAL BRANCH MALLARD CREEK CHURCH ROAD SR 2472 FROM SR 2681 TO US 29 AND SR 2833 FROM US 29 TO NC 49 T. I. P. NUMBER U-2508 FIG. 1 - /?,3 c ezr7 1 - --- ---1 ' i Project U-2508 Widening of Mallard Creek Church Road Mecklenburg County Presented By: Ted Devens, P.E. June 17, 1993 Presentation Outline: Project Location. Section 4(f) - A brief description Existing project conditions Proposed Alternatives Handout Contents Location Map Project Description Section 4(f) extract Alternative cross-sections 373 26°5 ,-Tx NCy -3ijRG COUNTY IF, / / / / / + 2470 .04$ :oa 1 / 1 f e 3aB! / / M Ildrd ?,r? $ Creek Ch. 26987047 P 2.77 SR 2472 2679 1 + BEGIN ?a7,/ ,?t" Mattard \ + PROJECT `/' + 7 .862. 9 \ + l0 `04677 .17 0,1 16 /rJ .'20 - 2877 SR 2833 \\ ?? rev •1! X4.17 p~d 0 2800 2676 ego ODre \+ 16]0 J?0? i re77 .04 S , ^y se ? 3934 877 FA9 ?y + \ 07 Z' 1346 J ;!? END 5 t back Creek Ch. 0 PROJECT ? + ?/+ }O dry y 4? V/ U.N.C. of CHARLOTTE -o l \ ? koAt refit 11 \ 4613 2°06 rela 7b ° to aB-° ,, a J NORTH CAROLINA DEPARTMENT OF .03 103 3049 TRANSPORTATION ,ez v DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL j1 09 / BRANCH 3019 -? N ? 29]9 7011 3022 A9 MALLARD CREEK CHURCH ROAD az 11 7067 r '\ SR 2472 FROM SR 2681 TO US 29 .11 )79. 6 6 3027 0 9 AND ,,,, _ 3056 SR 2833 FROM US 29 TO NC 49 ]06 !7 .07 t res8. ..16o 1 I A663 .OS T. I. P. NUMBER U-2508 J069 662 . o l ? D :l FIG. 1 Widening of Mallard Creek Church Road (SR's 2472 and 2833) from Interstate 85 to NC 49 Mecklenburg County State Project No. 8.2672601 TIP NO. U-2508, Federal Aid No. STP-OOOS(72) PROJECT DESCRIPTION The 1993-1999 NCDOT Transportation Improvement Program calls for upgrading the existing two-lane road to a multi- lane facility with a posted 45 mph speed limit. Two alternatives are being considered (See attached figures). Both alternatives are a four-lane highway which is divided by a 16-foot raised median with inside curbs. One alternative has shoulders on the outside of the highway, while the second alternative utilizes curb and gutter. CURRENT SCHEDULE The project is planned in two phases: From I-85 to US 29, right-of-way acquisition is scheduled to begin in Fiscal Year 1994, and construction is scheduled to begin in Fiscal Year 1996. From US 29 to NC 49, right-of-way acquisition is scheduled to begin in Fiscal Year 1997, and construction is scheduled to begin in Fiscal Year 1998. These schedules are subject to the availability of sufficient highway funds. EXISTING FACILITY Length 2.2 miles Pavement Width 20-24 feet Shoulder Width 6 feet Right-of-way Width 60 feet (approximate) Curves: Several curves are considered unsafe for the projected 45 mph posted speed limit. To meet design standards, the new multi-lane road will require some construction on new alignment to the inside of these substandard curves. This "flattens" the sharp curves to acceptable standards. Vertical grades approach 5% in areas. Terrain: Rolling Access Control: None Speed Limit: Varies from 35 - 45 mph Traffic Volumes: 1995: 14,600 vehicles per day 2015: 28,600 vehicles per day Bridges: Bridge Number 84 carries Mallard Creek Church Road across Mallard Creek, just southeast of US 29. This bridge requires a replacement structure, possibly incorporating a greenway underpass. ESTIMATED COSTS Right-of-way $ 1,570,000 Construction 4,050,000 Total Estimated Cost 5,620,000 These costs should be regarded as preliminary only and are subject to revision in the later stages of planning. PROBLEM AREAS The Alexander house is a property of historic significance, which presents a Section 4(f) and Section 106 situation. The property is located in the northwest quadrant of the intersection of US 29 and Mallard Creek Church Road. NCDOT must show that there is no prudent and feasible alternative to using this land. Mecklenburg County owns land in both the northeast and southeast quadrants of the intersection of US 29 and Mallard Creek Church Road. The northeast quadrant is being utilized as public soccer fields (parkland), and qualifies for Section 4(f) protection. The county owns land on both sides of Mallard Creek, as well. This land has the potential for use as wetland mitigation and future soccer fields. The southeast quadrant is being utilized by NCDOT as wetland mitigation area for the Charlotte outer loop project. An agreement has been reached between NCDOT and Mecklenburg County. For the use of the mitigation land, NCDOT has agreed to construct a boardwalk in this area and a bicycle underpass to travel under the bridge over Mallard Creek. A Citgo gasoline station is located in the northeast quadrant of the US 29 intersection. The Alexander Glen Apartments are located adjacent to Mallard Creek Church Road, just on the east side of Mallard Creek. Section 4(f) extract from "Predominant Legislation Protecting Historic Sites" SECTION 4(f) - with regard to historic and architecturally significant properties only. See CFR 771.135 for guidance. Section 4(f) of the Department of Transportation Act of 1966 applies to all agencies under the jurisdiction of the USDOT. In 1983, Section 4(f) was amended and codified in 49 USC, Section 303. However, because thousands of state and federal personnel are familiar with the name Section 4(f), the FHWA continues to refer to the requirements as Section 4(f). Section 4(f) specifically addresses the taking of lands from certain qualified properties: It is the policy of the United States Government that special effort be made to preserve the natural beauty of the countryside and public Dark and cre ric sites. - and The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities of facilities. The Secretary may approve a transportation program or project requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge, or land of a historic site of national, State, or local significance (as determined by the Federal, 'State, or local officials having jurisdiction over the park, recreation area, refuge, or site) only if- 1) There is no prudent and feasible alternative to using that land; and 2) They program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use. In regard to historic architectural properties, Section 4(f) applies only to properties which are listed in or eligible for the National Register of Historic Places. SECTION 4(F) CONSTRUCTIVE USE Recent legislation has added an additional term to Section 4(f) involvement: Constructive Use. The Section 4(f) Policy Paper states: A constructive use of a Section 4(f) site can occur when the capability to perform any of the site's vital functions is substantially impaired by the proximity impacts from a transportation project. Such substantial impairment would occur when the proximity impacts to Section 4(f) lands are sufficiently serious that the value of the site in terms of its prior significance and enjoyment are substantially impaired. z An example of such impact is excessive noise near an amphitheater. Common reasons for a "constructive taking" are audible and visual impacts, access restriction, and vibrations. The definition of "Constructive Use" is still evolving as the FHWA adopts policy decisions based on project-by-project analysis (Similar to the "What is a Wetland?" issue). Only FHWA can make the final determination. Because the policy on Constructive Use alludes to the "effect" of a project on a Section 4(f) site, note that property boundaries are not necessarily a factor. Since "effect" is an issue under Section 4(f) Constructive Use, a distinction must be made between Constructive Use and Section 106 involvement, which deals solely with effect: The substantial impairment of Section 4(f) is currently viewed as a more profound effect than the significant effect of Section 106. FOUR-LANE HIGHWAY WITH CURB AND GUTTER, DIVIDED BY A 16-FOOT RAISED MEDIAN 241-281 16' 241-281 UP TO 100 FEET, PLUS CUT AND FILL * SIDEWALKS ARE NOT SHOWN, BUT MAY BE RECOMMENDED. BICYCLE LANES ARE ALSO A POSSIBILITY, AND IF RECOMMENDED, WILL INCREASE PAVEMENT WIDTH TO 28 FEET ON EACH SIDE OF THE HIGHWAY. CURBS / \ CURBS FOUR-LANE HIGHWAY WITH OUTSIDE SHOULDERS, DIVIDED BY A 16-FOOT RAISED MEDIAN vvo wv 241-281 16' 241-281 UP TO 150 FEET * SIDEWALKS ARE NOT SHOWN, BUT MAY BE RECOMMENDED. BICYCLE LANES ARE ALSO A POSSIBILITY, AND IF RECOMMENDED, WILL INCREASE PAVEMENT WIDTH TO 28 FEET ON EACH SIDE OF THE HIGHWAY. N. C. DEPARTMENT OF TRANSPORTATION TRANSMITTAL SLIP DATE 12 -2 -q TO: REF. NO. OR ROOM BLDG. }- ? c- En ( lam' I i1? 14 D FROM: REF. NO. OR ROOM, BLDG. XICTION ? NOTE AND FILE ? PER 9UR CONVERSATION ? NOTE AND RETURN TO ME ? PER YOUR REQUEST ? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL ? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION ? PLEASE ANSWER ? FOR YOUR COMMENTS ? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE ? TAKE APPROPRIATE ACTI ON ? INVESTIGATE AND REPORT COMMENTS: ZZ??) Ddb MEMO TO FILE: FC - a? ? 41992 FROM: Ted Devens, PE SUBJECT: Minutes of Scoping Meeting for U-2508- DATE: November 24, 1992 At 9:00 am on November 24, 1992, a scoping meeting was held for project U-2508 in the P&E conference room. In attendance were: Ted Devens Jay Woolard Carolyn Hignutt Walker Armistead Jack Matthews Robin Stancil Danny Rogers David Yow Eric Galamb Schenck Cline Mack Bailey Linda Dosse Joe Foutz Michael Paylor Todd Dudley Alden Whitmore, Jr. Len Hill Jerry Snead Cecil McLamb Project Planning Engineer Traffic Control Location & Surveys Structure Design Photogrammetry Dept of Cultural Resources, SHPO Program Development NC Wildlife Resources Commission DEHNR - Dept. of Environmental Planning & Environmental Structure Design Statewide Planning Planning & Environmental Planning & Environmental Roadway Design Division.10 Construction Roadway Design Hydraulics Right-of-Way Branch -Habitat Cons. Mgt. The meeting began with presentation of the overall project and existing conditions. Program Development has changed funding from state-funded to federally-funded. The scoping meeting discussed sections B and C of project U-2508. Section A is already under construction, and consists of improvements to the interchange area over I-85. In the project area, Mallard Creek Church Road is SR 2472 from I-85 to US 29, and is SR 2833 from US 29 to NC 49. All of SR 2833 is within the Charlotte City Limits. The road serves traffic between I-85, US,29,.and NC 49, and is a vital access to UNC-Charlotte. Project termini were defined as "From SR 2681 to NC 49." The western terminus will be slightly west of SR 2681 to widen a taper section from U-2508 A. This project is a continuance of SR 2472 on the west side of I-85, which was widened (U-2303) to a four-lane facility with a 16-foot raised median and outside shoulders. Existing speed limits vary from 35-45 mph. This project is on the Charlotte-Mecklenburg Thoroughfare Plan as a Major Thoroughfare. Existing R/W on SR 2472 is expected to be the maintained width, while SR 2833 is expected to be 30 feet on each side of the centerline. No traffic projections were yet received from Joe Springer's. unit. Based upon counts from adjacent projects, traffic has doubled from 1985 to 1990. A 1993 ADT of 7,800 was estimated for SR 2472, while SR 2833 was estimated to be 15,800 near NC 49. (The 15,800 ADT is based upon an independent traffic count at the intersection of SR 2833 and NC 49. However, since UNCC has two very large parking lots with entrances off of SR 2833, this ADT is expected to be lower when received from the Traffic Forecasting Unit.) Problems exist with both horizontal and vertical alignments. SR 2472 has degrees of curvature up to 11.5, while SR 2833 has DC's up to 13. Vertical grades approach 5% in areas. Very high accident rates are evident on SR 2833, due to many accidents at intersections with US 29 and NC 49. The only notable stream crossing is Mallard Creek, where bridge #84 carries SR 2833 over the creek. It was determined that the structure cannot be widened, and due to its sufficiency rating and structure, must be replaced. Hydraulics is in the process of determining whether the elevation of the bridge deck must be raised because of the Mallard Creek floodplain, although Jerry Snead mentioned that a need to raise the bridge elevation is not probable. David Yow stressed the environmental importance of replacement with a bridge vs. a culvert. For wildlife mobility, he prefers a full span across the creek. Project planning will contact Charlotte to see if they want a sidewalk on the bridge, and if they will pay for it. Eric Galamb pointed out a need to avoid the small pond west of US 29. He also stated that Mallard Creek is a Class C stream. Mecklenburg County has a public park with two soccer fields on the north side of SR 2833, just east of US 29. Alternatives were discussed. It was pointed-out that Charlotte historically wants median-divided facilities. The trend of late has been 16-foot raised & planted medians with modified curbs. It was agreed that the first alternative shall be a four- lane facility divided by a 16-foot raised and planted median with modified curb and outside shoulders. A second alternative will be the same median-divided section, but with curb and gutter on the outside of travel lanes (to save R/W). Design speeds are anticipated to be 50 mph throughout the project, 'with the exception of 40 mph as the section approaches NC 49 and the congestion of the UNCC parking lot. Anticipated R/W is 100 feet for an all-curb and gutter section, and 150 feet for a median-divided facility with shoulders. Robin Stancil presented concerns for historical and archaeological sites. The W.T. Alexander House is locally significant, and is located just west of US 29 on the north side of SR 2472. She gave a point of contact at the Charlotte/Mecklenburg Historic Landmarks Commission. SHPO maps show archaeological sites in the project area, particularly at the intersection of SR 2834 and SR 2833, and in the Mallard Creek area. A NCDOT archaeological survey is recommended for.the entire project area. The project schedule was briefly discussed. It was felt that an Environmental Assessment should be adequate. The EA is currently due in May 1993. The FONSI is scheduled from August to November, 1993. The TIP currently schedules section B (SR 2742) to be constructed before section C (SR 2833). It was discussed that traffic on section C is almost double that of section B, and that perhaps section C should be built before section B. Danny Rogers responded that traffic forecasts must definitely justify a change in priorities to overrule the present phasing scheme. For continuity of travel on Mallard Creek Church Road, it may be better to construct section B first. A shift in phasing will cause Program Development to reshuffle funds. Alden Whitmore presented Division 10's desire to see SR 2833 extended on new location to a new intersection with NC 49 which is north of the existing intersection. This extension is shown as a dashed line on the Charlotte-Mecklenburg Thoroughfare Plan. It was the general consensus that this extension is a part of a future "inner loop" concept, and is beyond the scope of this project. It would add considerable cost to the TIP-programmed amount, and deviates significantly from the TIP description. Linda Dosse of Statewide Planning agreed that the "loop" is far in the future. Eric Galamb pointed-out that if section C is to be constructed after Section B (and since section C seems to be developing . rapidly), then future R/W on section C should be protected under the official Map and Corridor Act of 1:987.