U-3601_complete file

F wlaTF Michael F. Easley, Governor "
Q q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
,„
00 'fi Alan W. Klimek, P.E., Director
r
> Division of Water Quality
C3 Coleen H. Sullins, Deputy Director
Division of Water Quality
January 13, 2004
MEMORANDUM
To: Melba McGee, Environmental Coordinator
NCDENR Office of Legislative & Intergovernmental Affairs
From: Cynthia F. Van Der Wiele, NCDOT Coordinator Coo&A-)
Subject: Finding of No Significant Impact for NC 191 (Brevard Road) Improvements from I-26 to
I-40, Asheville, Buncombe County, F.A. Project STP-191(4), State Project No.
8.1844501, TIP Project U-3601, State Clearinghouse Project 04-0173.
This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible
for the issuance of the Section 401 Water Quality Certification for activities that impact waters of the
state including wetlands.
The project design appears to have minimal impacts to water resources. NCDWQ concurs with the
finding of no significant impact. This project does not appear to need to go through the
Merger/Concurrence process.
The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any
questions or require any additional information, please contact Cynthia Van Der Wiele at 919.733.5715.
cc: Steve Lund, USACE Asheville Field Office
Chris Militscher, USEPA
Marella Buncick, USFWS, Asheville Field Office
Marla Chambers, NCWRC
File Copy

North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetiands/
I
NC 191 (BREVARD ROAD) IMPROVEMENTS
From I-26 to I-40
Asheville, Buncombe County
WBS Element 34958.1.1
Federal Project No. STP-191(4)
State Project No. 8.1844501
TIP PROJECT U-3601
ADMINISTRATIVE ACTION
FINDING OF NO SIGNIFICANT IMPACT
And
PROGRAMMATIC SECTION 4(f) EVALUATION
U. S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
N. C. DEPARTMENT OF TRANSPORTATION
submitted pursuant to 42 U.S.C. 4332(2) (c)
And 23 CFR 771.135
6, r

c,JJ.a,. ? s 9s ?d
APPROVED:
03 `
regory J. Thorpe, Ph.D., Envir n ental Management Director
oject Development and Environmental Analysis Branch, NCDOT
N
FO
?l 03 v V
n? Sullivan III, Division
Fedefal?Highway Administration
NC 191 (BREVARD ROAD) IMPROVEMENTS
From I-26 to I-40
Asheville, Buncombe County
WBS Element 34958.1.1
Federal Project No. STP-191(4)
State Project No. 8.1844501
TIP PROJECT U-3601
FINDING OF NO SIGNIFICANT IMPACT
And
PROGRAMMATIC SECTION 4(f) EVALUATION
October 2003
Documentation Prepared in Project Development and Environmental Analysis Branch By:
??.••' FESS1 •.9
Crai M. Yo , P 'L,y •?
Project Developm t Engineer EAL `? -
56442 ea.
S. Eric Midkiff, P.E. '9jG?°°'°
Project Development Unit Head
SPECIAL PROgCT COMMITMENTS
NC 191 (BREVARD ROAD) IMPROVEMENTS
From I-26 to I-40
Asheville, Buncombe County
WBS Element 34958.1.1
Federal Project No; STP-191(4)
State Project No. 8.1844501
TIP PROJECT U-3601
Commitments Developed. Through Project Development ad. Design
Roadside Environmental Unit, Division 13
NCDOT's Best Management Practices for the Protection of Surface Waters shall
be enforced during the construction phase of the project. This will include:
• installation of temporary silt fences, dikes, and earth berms to control
runoff during construction.
e placement of temporary ground cover or re-seeding of disturbed sites to
reduce runoff and decrease sediment loadings.
• provisions to preclude unnecessary contamination by toxic substances
during construction.
Roadway Design Unit
To accommodate bicycle traffic fourteen-foot outside travel lanes are included as
a part of this project. Bicycle-safe grates will also be installed for safety.
Roadway Design Unit
A five-foot sidewalk is proposed on the west side of NC 191 for the length of the
project. The cost of sidewalk along this section is $163,000. In accordance with
NCDOT's pedestrian policy, the City of Asheville will share the cost by
contributing 40% of the sidewalk construction cost.
Finding of No Significant Impact Page 1 of 2
October 2003
TABLE OF CONTENTS
a
PAGE
1. TYPE OF ACTION ....................................................................................................1
II. DESCRIPTION OF PROPOSED ACTION ............................................................1
III. SUMMARY OF BENEFICIAL AND ADVERSE ENVIRONMENTAL
IMPACTS .......................................................................................................................... 2
IV. COORDINATION AND COMMENTS ................................................................... 3
A. CIRCULATION OF THE ENVIRONMENTAL ASSESSMENT ............................................... 3
B. COMMENTS RECEIVED ON THE ENVIRONMENTAL ASSESSMENT ................................. 3
C. COMMENTS RECEIVED DURING AND FOLLOWING THE PUBLIC HEARING .................. 4
V. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT ............................... 7
A. MEDIAN BREAKS ....................................................................................................... 7
B. ADDITIONAL RIGHT OF WAY ..................................................................................... 8
C. BILTMORE ESTATE DRIVEWAY ACCESS ..................................................................... 8
D. SECTION 106 COORDINATION .................................................................................... 9
E. PROGRESS ENERGY DRIVEWAY & EAST OAKVIEW ROAD REALIGNMENT ................. 9
VI. BASIS FOR FINDING OF NO SIGNIFICANT IMPACT .................................... 9
FIGURES
Figure 1 - Vicinity Map
Figure 2 - Aerial Photograph Showing the Proposed Improvements
Figure 3 - Proposed 4-lane Divided Typical Section
APPENDIX
Appendix A - Comments Received on the Environmental Assessment
Appendix B - Public Hearing Notice and Handout
Appendix C - Programmatic 4(f) Evaluation for Impacts to the Biltmore Estate
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LEGEND
Existing pavement
Curb & Gutter
Proposed Right of Way
Existing Right of Way
Pavement Removal
END PROJECT
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PROJECT DEVELOPMENT AND
ENVIRONMENTAL ANALYSIc A; 4%N,-H

Asheville
NC 1911Brevard RoGdcl
From 1-26 to 1-40
Buncombe County
Federal Aid No. STP-191(lil
State Profen+ P,n R oN44^?-
T.LP.prot?'
FIGURE 2 Soale' 1'=100' Sheet 6 of 6
U-3601 Typical Section
VARIES
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(10.6m) (10.6m)
101-011, _141-011 121_01 8,-018,_01112'-0" 141-0" 10/-01
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(0.6m) .6m °
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rL°? (0.8m) (0.5m) (0.5m) (0.8m) DESIGN SPEED 50 MPH
(80 KPH)
Figure 3
APPENDIX A
Comments Received on the
Environmental Assessment
bn?v
Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, Tennessee 37902-1499
October 1, 2001
Mr. William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Mr. Gilmore:
ENVIRONMENTAL ASSESSMENT (EA) - NC 191 (BREVARD ROAD) FROM 1-26
TO 1-40, BUNCOMBE COUNTY, FEDERAL AID PROJECT STP-191(4), STATE
PROJECT NO. 8.1844501, TIP NO. U-3601
Thank you for the opportunity to review the EA for the proposed widening of
NC 191 in Asheville. It appears that the major environmental issues have been
addressed. Because there are no stream obstructions proposed in Tennessee
River tributary streams, an approval under Section 26a of the TVA Act would not be
needed for this project.
Upon completion, please send a copy of the signed Federal Highway Administration
Finding of No Significant Impact to us. Should you have any questions, please
contact Harold M. Draper at [phone] or [e-mail].
Sincerely,
.Jon M. Loney, Manager
NEPA Administration
Environmental Policy and Planning
cc: Mr. Nicholas L. Graf, P.E.
Division Administrator
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601
Al
North Carolina WAdlde Resources Commission
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Melba McGee
Office of Legislative and Intergovernmental Affairs, DENR
FROM: Maryellen Haggard, Highway 11m, t Coo 'nator
Habitat Conservation Program
DATE: August 14, 2001
SUBJECT- North Carolina Department of Transportation (NCDOT) Emvironmental
Assessment (EA) for improvements to NC 191 (Brevard Road) from 1-26 to I-40,
Buncombe County, North Carolina. Federal Aid Project No. STP- 191(4), State
Project No. 8. 1844501, TIP No.U-3601, 02E- 0030
Staff biologists with the N. C. Wildlife Resources Commission 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).
NCDOT proposes to widen NC 191 from an existing two-lane section to a four-lane curb
and Sutter section divided by a 16-foot median from i-26 to. SR 3431 and to a five-lane curb. and
gutter section from SR 3431 to 1-40_ The total project length is approximately 1.8 miles. No
direct impacts to jurisdictional wetlands or streams are expected: However, NCDOT should use
strict erosion control measures to protect streams, and wetlands in the project vicinity. At this
time, we concur with the EA for this project.
Thank you for the opportunity to comment on this EA. If we can be of any fi.uther
assistance please call the at [phone].
ee_ Marella Buncick, U.S. Fish and Wildlife Service, Asheville
Cynthia Van Der Wielt, DWQ, Raleigh
A2
Mailing Address: Division of Inland Fisheries* 1721 Ivlail Service Center • Ralcigh, NC 27699-1721
Telephone: [phone] est. 281 • Fax: [phone]
K d ?a?
V
North Carolina Department of Cultural Resources
State Historic Preservation Office
David L. S. Brook, Administrator
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
September 4, 2001
MEMORANDUM
To: William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
From: David Brook
Deputy State Historic)Preservation Officer
Re: NC 191 from I-26 to I-40, U-3601, Buncombe County, ER 98-9309

Division of Archives and History
Jeffrey J. Crow, Director
?- 000\\j E D
2jz\ 7-
6
5?Q or i
n Ali ?' r ?y? ?
We have received the Environmental Assessment for the above project from the State Clearinghouse and
note that the Section 106 Effects Form is missing from the document. We also note that the references to
the American Council on Historic Preservation, in the "Architectural Historic Resources" section, should
be Advisory Council.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Reguladons for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763.
DB:kgc
cc: Mary Pope Furr, NCDOT '
Location
Administration 507 N. Blount St, Raleigh, NC
Restoration 515 N. Blount St, Raleigh, NC
Survey & Planning 515 N. Blount St, Raleigh, NC
. A3
Mailing Address Telephone/Fox
4617 Mail Service Center, Raleigh 27699-4617 [phone] 4733-8653
4613 Mail Service Center, Raleigh 276994613 (91.9) 733-6547.715-4801
4618 Mail Service Center, Raleigh 276994618 (919) 7334763 47154801
North Carolina
Department of Administration
Michael F. Easley, Governor Gwynn T. Swinson, Secretary
August 28, 2001
Mr. Burt Tasaico
N.C. Department of Transportation
Project Dev. & Enviromental Analysis
Transportation Bldg. - 1534 MSC
Raleigh, NC 27699-1534
Dear Mr. Tasaico:
Re: SCH File,', 02-E-4220-0030; Environmental Assessment Proposed Widening of NC 191
(Brevard Rd.) from I-26 to I-40, Buncombe County; TIP #U-3601
Tine above referenced project has been reviewed through the State Clearinghouse Intergovernmental
Review Process. Attached to this letter are comments made by agencies reviewing this document.
Should you have any questions, please do not hesitate to call me at (919) 807-22425.
Sincerely.
Ms. Chrys Baggett
Environmental Policy Act Coordinator
Attachments
cc: Region B
116 West Jones Street Raleigh. North Carolina 27603-8003 Telephone [phone]
An Equal Opportunity? Affirmative Action Employer
A4
RCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
MEMORANDUM
TO: Chrys Baggett
State clearinghouse
FROM: Melba McGee
Environmental Review Coordinator
SUBJECT: 02-E-0030 Sevpi**.g EA Improvements to NC 191 Brevard Road,
Buncombe County
DATE: August 29, 2001
The Department of Environment and Natural Resources has reviewed the
proposed information. The attached comments are for the applicant's
information and consideration.
Thank you for the cpportunity tc review.
t Attachments
A5
1.601 Mail Service Center, Raleigh. North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR/
DEPARTMENT OF ENVIRONMENT AND
Project Number
NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH County
Inter-Agency Project Review Response
Project Name / Type of Project
? The applicant should be advised that plans and specifications or all water system
improvements must be approved by the Division of Environmental Health prior to the
award of a contract or the initiation of construction (as required by 15A NCAC 18C
.0300et. seq.). For information, contact the Public Water Supply Section, (919)
733-2321.
? This project will be classified as a non-community public water supply and must comply
with state and federal drinking water monitoring requirements. For more information the
applicant should contact the Public Water Supply Section, [phone].
? If this project is constructed as proposed, we will recommend closure of feet of
adjacent waters to the harvest of shellfish. For information regarding the shellfish
sanitation program, the applicant should contact the Shellfish Sanitation Section at (252)
726-6827.
? The soil disposal area(s) proposed for this project may producea mosquito breeding
problem. For information concerning appropriate mosquito control measures, the
applicant should contact the Public Health Pest Management Section at [phone].
? The applicant should be advised that prior to the removal or demolition of dilapidated
structures, a extensive rodent control program may be necessary in order to prevent the
migration of the rodents to adjacent areas. For information concerning rodent control,
contact the local health department or the Public Health Pest Management Section at
[phone].
? The applicant should be advised to contact the local health department regarding their
requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et.
sep.). For information concerning septic tank and other on-site waste disposal methods,
contact the On-Site Wastewater Section at (919) 733-28:35.
? The applicant should be advised to contact the local health department regarding the
sanitary facilities required for this project.
If existing water lines will be relocated during the construction, plans for the water line
relocation must be submitted to the Division of Environmental Health, Public Water.
Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North
Carolina 27699-1634, [phone]
For Regional and Central Office comments, see the reverse side of this form.
„
z I Lel-IE- I-'
Reviewer Sectio ranch Date
A6
OFDATFY Michael F. Easley
Governor
C-00 r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
0 Kerr T. Stevens
Division of Water Quality
July 20, 2001 -
C r
MEMORANDUM
5
To: William D. Gilmore, P.E., Manager
NCDOT Project Development & Environmental Analysis Branch D ?
Through: John Dorsey, NC Division of Water Qua
GW.tJ
From: Cynthia F. Van Der Wiele, NCDOT Cdor ator- •
Subject: Federal Environmental Assessment for NC 191 (Brevard Road) from I-26 to I-40, Buncombe
County, Federal Aid Project No. STP-191(4), State Project No. 8.184450 1, TIP Project U-3601
This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the
issuance of the Section 401 Water Quality Certification for activities which impact waters of the state including
wetlands. The DWQ offers the following comments based on review of the aforementioned document:
A) The DWQ supports the "Finding of No Significant Impact" due to no natural or perennial streams within
the immediate project area.
B) DWQ notes the use of Best Management Practices for the Protection of Surface Waters as part of
NCDOT's environmental commitments to this project to protect off-site streams from storm water runoff
during construction.
The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions
or require any additional information, please contact Cynthia Van Der Wiele at 919.733.5715
F
v cc: Steve Lund, USACE Asheville Field Office
Marella Buncick, USFWS, Asheville Field Office
MaryEllen Haggard, NCWRC
File Copy
A7
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax). http://h2o.enr.state.nc.us/ncwetiands/
William G. Ross Jr., Secretary
?? QG North Carolina Department of Environment and Natural Resources
r Gregory J. Thorpe, Ph.D.
> -? Acting Director
p 'C Division of Water Quality
August 8, 2001
MEMORANDUM
To: Melba McGee, Environmental Coordinator
NCDENR Office of Legislative and Environmental Affairs
Through: John Dorney, NC Division of Water Qualit .
From: Cynthia F. Van; Der Wiele, NCDOT Coordinator dtAJ
Subject: Federal Environmental Assessment for NC 191 (Brevard Road) from I-26 to I-40, Buncombe County,
Federal Aid Project No. STP-191(4), State Project No. 8.1844501, TIP Project U-3601
This office has reviewed the referenced document. The Division of Water Quality (DWQ) is responsible for the issuance
of the Section 401 Water Quality Certification for activities which impact waters of the state including wetlands. The
DWQ offers the following comments based on review of the aforementioned document:
A) The DWQ supports the "Finding of No Significant Impact" due to no natural or perennial streams within the
immediate project area.
B) DWQ notes the use of Best Management Practices for the Protection of Surface Waters as part of NCDOT's
environmental commitments to this project to protect off-site streams from storm water runoff during
construction.
The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or
require any additional information, please contact Cynthia Van Der Wiele at 919.733.5715
cc: Steve Lund, USACE Asheville Field Office
Marella Buncick, USFWS, Asheville Field Office
MaryEllen Haggard, NCWRC
File Copy
A8
N. C. Division of Water Quality 1617 Mail Service. Center Raleigh. NC 27699-1617 [phone]
a, A
N
Customer Service
1 800 623-7748
Feclerul.1 id !# 9T P- (1 I ('?) TIP ti U - ?J- l Countv:N Cayy? B?
CONCURRENCE FORM FOR ASSESSMENT OF EFFECTS
Project Description: W I PIC-" INJ G ? ? ? ?iZ6y`?1 _L ?(0
On 29 /L4A' Z-. 2001, representatives of the 146K e v' LLS
® North Carolina Department of Transportation (NCDOT)
Federal Highway Administration (FHWA)
® North Carolina State Historic Preservation Office (SHPO)
reviewed the subject project and agreed
there are no effects on the National Register-listed property/properties located within the
project's area of potential effect and listed on the reverse.
? there are no effects on the National Register-eligible property/properties located within
the project.'s area of potential effect and listed on the reverse.
there is an effect on the National Register-listed property/properties located within the
proiect's area of potential effect. The_property/properties and the effect(s) are listed on the
reverse.
there,is an effect on the National Register-eligible property/properties located within the
project's area of potential effect. The property/properties and effect(s) are listed on the reverse.
Signed:
zcr n.4AYZ- vow (
Reptesentative,.NCDOT
FHWA, for the Division Administrator, or other Federal Agency
? ?L G
Date
Representative, SHPO
A9
Date
Fc(lc•rul.lid # 5T r (y 1TIP # U Nbc) County: -4?v NcorA 04?
Properties within the area of potential effect for which there is no effect. Indicate if property is
National Register-listed (NR) or determined eligible (DE).
Properties within the area of potential effect for which there is an effect. Indicate property status
(NR or DE) and describe the effect.
LIMt? ed?<^rr'5 ? N Q).
IS- E?V_ec
Reason(s) why the effect is not adverse (if applicable).
Initialed: NCDOT I f 21? EHWA <62
SHPO
A10
ROBERTS
STEVENS
ATTORNEYS AT LAW
JOHN S. STEVENS
JAMES W. WILLIAMS
CARL W. LOFTIN
WALTER L. CURRIE
FRANK P. GRAHAM
JOHN W. MASON
MARC RUDOW
SHERYL H. WILLIAMS
WILLIAM CLARKE
VINCENT D. CHILDRESS. JR.
MARJORIE ROWE MANN
GREGORY D. HUTCHINS
JACKSON D. HAMILTON
WYATT S. STEVENS
BB&T BUILDING
ONE WEST PACK SQUARE. STE. 1100 28801
POST OFFICE BOX 7647
ASHEVILLE. NORTH CAROLINA 28802
TELEPHONE [phone]
FACSIMILE 16281 258-6555
www. roberts-stevenS. COT
MARK C. KURDYS
JACQUELINE D. GRANT
CHRISTOPHER Z. CAMPBELL
ROBERT E. ALLEN
DAVID L. ENGLISH
PATSY BRISON MEL DRUM
CYNTHIA S. GRADY
ANTHONY ALAN COXIE
KENNETH R. HUNT
DENNIS L. MARTIN. JR.
PETER S. Mc GUIRE
OF COUNSEL
LANDON ROBERTS
Writer's Direct Dial Phone: [phone]
Writer's Email Address: [e-mail]
November 14, 2002
Mr. Craig Young, P.E.
Project Development Engineer
Project Development & Environment Analysis Branch
State of NC Dept. of Transportation
1548 Mail Service Center
Raleigh, NC 217699-1548
RE: Highway 191 Widening
Dear Mr. Young:
I am writing on behalf of West Range, LLC, owner of land on the east side of Highway
191 that is the subject of the Department's widening program.
West Range, LLC has referred the draft plans and drainage we were furnished. during our
meeting with you and representatives of the Department on October 10, 2002 to its land planners
and engineers for review. They have reviewed those plans and have looked specifically at the
design of the two entrances into West Range, LLC's property from Highway 191. There are two
concerns with the Department's design of both entrances..
The first concern affects both entrances. West- Range, LLC has no present plans to
develop any of its approximately 3004 acres of land but recognizes that for all practical purposes
these are the only current entrances to the public highway. West Range, LLC would want
assurances from the Department that should it elect at some future time to develop any, of its
property that those two entrances could be widened to sufficient width to accommodate major
development.
The second concern is how each of the entrances will enter into the reconfigured
Highway 191. As to the south entrance, it must be configured in such manner as to create a 90
degree angle into the highway and West Range, LLC's road. That road must be widened and
R&S:319058-1
All
ROBERTS & STEVENS, P.A.
Mr. Craig Young, P.E.
November 14, 2002
Page 2
aligned in such a way as to accommodate ingress and egress of tractor trailer size vehicles. See
the rendering attached.
The north entrance should be widened and relocated to the south in order for the road to
enter the highway at a right angle across from the median cut planned for the highway. See the
rendering attached.
Finally, West Range, LLC representatives are continuing to review ideas for retaining
wall construction and related matters discussed in the October 10`h meeting. The matter of
adequate compensation for land taken raised in my letter of June 8, 2000 to Mr. Bridges of the
Department remain an open issue to be resolved.
Please let me or Chuck Pickering know if you have any questions.
Sincerely yours,
ROBERTS & STEVENS, P.A.
Jo S. Stevens
JSS/paj
encl.
cc: George W. Pickering, II
R&S:319058-1
A12
ROBERTS
STEVENS
ATTORNEYS AT LAW
JOHN S. STEVENS
JAMES W. WILLIAMS
CARL W. LOFTIN
WALTER L. CURRIE
JOHN W. MASON
MARC RUDOW
SHE R Y L H. WILLIAMS
WILLIAM CLARKE
VINCENT D. CHILDRESS. JR.
MARJORIE ROWE MANN
GREGORY D. HUTCHINS
JACKSON D. HAMILTON
WYATT S. STEVENS
SB&T BUILDING
ONE WEST PACK SOUARE. STE. 1100 28801
POST OFFICE BOX 7647
ASHEVILLE, NORTH CAROLINA 28802
TELEPHONE [phone]
FACSIMILE 18281 256-6955
www.roberts-stevens.com
MARK C. KUROYS
JACOUELINE O. GRANT
CHRISTOPHER Z. CAMPBELL
ROBERT E. ALLEN
DAVID L. ENGLISH
PATSY 6RISON MELDRUM
CYNTHIA S. GRADY
KENNETH R. HUNT
DENNIS L. MARTIN. JR.
PETER B. MCGUIRE
OF COUNSEL
LANDON ROBERTS
FRANK P. GRAHAM
Writer's Direct Dial Phone: [phone]
Writer's Email Address: [e-mail]
April 4 2003
Mr. Craig Young, P.E.
Project Development Engineer
Project Development and Environmental Analysis Branch
NC Dept. of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
RE: Asheville, NC 191 (Brevard Road) from I-26 to 1-40, Buncombe County
State Project No. 8.1844501, Federal Aid Project No. STP-191 (4), TIP Project
No. U-3601
Dear Mr. Young:
I am responding to your letter to George Pickering, II, dated February 27, 2003, in which
you comment on my letter of November 14, 2002 and our meeting of October 10, 2002. We
have also received the revised map showing the reconfigured entrances and compared that to the
map we all looked at during the October 10th meeting.
West Range is comfortable with the understanding and commitment in the last paragraph
r n-d the thiffal P-11 paragraph on the second page of,- iir 1PttPr
,nf tt1l. F:?t r.u`.o of Nub:r V L?ietta t4
a il°. L tl r?. 1 ' V vl 11 J v ? • _ _
concerning redesign and enlargement of these entrances upon future development by West
Range.
West Range is also comfortable with the redesigns of both north and. south entrances into
Hwy 191 and appreciates the DOT's consideration of its needs.
West Range does not feel that the DOT should have to acquire land across the road in
order to save the 200 year old tree.. For now it will be alright to attempt to save the tree but not
reduce the proposed roadway section. If West Range's arborist feels that the tree should come
down now, then that decision can be made at the time.
R&S:334724-1
A13
ROBERTS & STEVENS, P.A.
Mr. Craig You, P.E.
April 4 2003
Page 2
Next, West Range is considering the type retaining wall and would like to see some
schematics or drawings that would depict that proposed in order to make a final judgment.
Finally, West Range is considering the type of fence DOT would construct along the
right-of-way margin. For reasons of buffering highway noise and interference consideration is
being given to having DOT construct a brick wall similar to that along the beltway in Raleigh.
We would appreciate your giving consideration to this.
We look forward to working with you on these open matters, one of which, of course, is
Ll. Nnr r .. .,v...•..+: ,.. Fr lamed take: t':::' :??s understand • ill lJ at later date.
tU 121"=M of cm-npez.JK..vu fro . ? will be considered
a .Sincerely yours,

ROBERTS & STEVENS, P.A.
/', A+eoc
John S. Stevens
JSS/paj '
cc: George Pickering, II
Steve Sawyer
R&S:334724-1
A14
APPENDIX B
Public Hearing Notice
And
Handout
NOTICE OF AN OPEN-HOUSE PUBLIC. HEARING
FOR THE PROPOSED WIDENINGAMPROVEMENTS OF NC 191
FROM I-26 TO I-40
Project 8.1844501 U-3601 Buncombe County
The North Carolina Department of Transportation will hold the above open-house
public hearing on Thursday, January 31, 2002 from 4:00 p.m. to 7:00 p.m. in the
National Guard Armory located at 75 Shelburne Road in Asheville. Interested
individuals may attend this hearing at their convenience between the above stated hours.
Division of Highways personnel will be available to provide information, answer
questions, and take comments regarding this project.
The project. proposes to widen NC 191 (Brevard Road) from the I-26 westbound
ramp to the I-40 bridge - a distance of approximately 1.8 miles. A four-lane roadway
with curb and gutter divided by a raised grass median 16 feet wide is proposed from the I-
26 westbound ramp to the Western North Carolina Farmers Market entrance. A six-lane
undivided roadway is proposed from the WNC Farmers Market entrance to the I- 40
bridge. All of the widening will be toward the Biltmore Estate. Outside lanes will be 14
feet wide to accommodate "share the road" bicycle traffic. In addition, a sidewalk will be
constructed along the west side of the project. Additional right of way and the relocation
of homes and businesses will be required for this project.
A map setting forth the location and design and a copy of the environmental
document - Environmerrtal Assessment and Draft Section 4(F) Evaluation - are available
for public review in the North Carolina Department of Transportation's Division Office
located at 55 Orange Street in Asheville.
Representatives of the Department of Transportation will be available to discuss
the proposed project with those attending the public hearing. NO FORMAL
PRESENTATION WILL BE MADE. Anyone desiring additional information may
write to Len Hendricks, Public Involvement Unit, 1583 Mail Service Center,
Raleigh, NC 27699-1583; telephone [phone]; FAX [phone]; or email
[e-mail].
NCDOT - in compliance with the American's. With Disabilities Act - will provide
auxiliary aids and services for disabled persons who wish to participate in the hearing.
To receive special services, please call Mr. Hendricks at the above number to give
adequate notice prior to the date of the hearing.
B1
NC 191
BREVARD ROAD
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDo TIPPETT
Goy i:KNOR JANUARY 31, 2002 SECRETARY
DEAR CITIZEN:
THANK YOU FOR ATTENDING THE OPEN-FORUM PUBLIC HEARING ON THE
PROPOSED WIDENING/IMPROVEMENTS OF NC 191 (BREVARD ROAD).
CONTAINED IN THIS HANDOUT PACKAGE IS INFORMATION ABOUT THE PURPOSE
OF THE PROJECT, THE DESIGN,"AND'RIGHT"OF'WAY-PRO-CEDURES. YOU ARE
INVITED TO READ THE MATERIAL TO BECOME ACQUAINTED WITH THE
PROPOSED PROJECT.
A DESIGN MAP OF THE PROJECT IS AVAILABLE FOR YOU TO REVIEW.
REPRESENTATIVES OF THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION ARE AVAILABLE TO DISCUSS THE PROJECT AND ANSWER
QUESTIONS ABOUT THE PLANNING/DESIGN.. REPRESENTATIVES OF THE RIGHT
OF WAY BRANCH ARE AVAILABLE TO DISCUSS THIS AREA AND TO ADDRESS
YOUR.QUESTIONS.
THE PURPOSE OF THE PUBLIC HEARING IS TO SOLICIT YOUR THOUGHTS ON THE
PROPOSED PROJECT. YOU MAY PROVIDE THEM BY USING THE COMMENT SHEET
IN YOUR HANDOUT OR RECORDING THEM ON THE TAPE RECORDER AVAILABLE
FOR THAT PURPOSE. WRITTEN COMMENTS MAY BE SUBMITTED TO THE
MEETING MODERATOR, DEPOSITED IN THE DESIGNATED CONTAINER, OR MAILED
WITHW THE NEXT 15 DAYS TO ADDRESS SHOWN ON THE COMMENT SHEET. ALL
COMMENTS WILL BECOME PART OF THE PUBLIC RECORD.

1
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF. TRANSPORTATION FAX: 919.250.420(] CENTURY CENTER COMPLEX
PUBLIC INVOLVEMENT UNIT - - - - - ., _ BUILDING A
1583 MAIL SER`AGECENTER WESSITE: WWW.DOROOT.STATE.NC.US 1COO 81R4HRiV.E.DRIVE
RALEIGH PIC 27699-1583 RALEIGH NC
B4
The purpose of the proposed project is to reduce congestion, increase traffic capacity, and
improve safety along NC 191 (Brevard Road) between the 1-26 westbound interchange ramp
and the 1-40 bridge. In addition, it will improve access to the Western North Carolina Farmers
Market. The current traffic volumes along Brevard Road range from 14,400 to 16,900 vehicles
per day. Traffic projections for the year 2025 range from 22,300 to 26,800 vehicles per day.
The current accident rate for the project area is approximately 1.7 times greater than the
statewide average for similar type roads. Rear-end accidents - many attributed to stopped
vehicles making left turns - are the most common kind in the project area. The new design will
reduce the potential for this category of accident.
PURPOSE OF PUBLIC HEARING
Tonight's hearing is one step in the Department of Transportation's procedure for making you,
the public, a part of the planning process. The Department is soliciting your views on the
proposed widening/improvements of NO 191,(Brevard-Road)-from the 1-26-westbound
interchange ramp to the 1-40 bridge.
The Department of Transportation's views on the above project are set forth in the
environmental document - Environmental Assessment and Draft Section 4(f) Evaluation. A
copy of this report and a copy of the public hearing map is available for public review in the
North Carolina Department of Transportation's Division Office located at 55 Orange Street in
Asheville.
YOUR PARTICIPATION
Several representatives of the North Carolina Department of Transportation are present at this
meeting. Any of these people will be happy fo talk with you, explain the proposals to you, and
answer your questions. Now that the opportunity is here, you are encouraged to participate by
voicing your comments to Department of Transportation representatives at this meeting, by
writing them on the comment sheet and leaving it with one of the representatives, by mailing
them during the 15 days following the public hearing, or by recording your statements on the
tape recorder available.
Those wishing to submit written material may do so to:
Mr. Len Hendricks
Public Hearing Officer
NCDOT
Public Involvement Unit
1583 Mail Service Center
Raleigh, NC 27699-1583
FAX [phone]
email: I hendricks@dot. state. nc. us
WHAT IS DONE WITH THE INPUT?

A post-hearing meeting will be conducted after the comment period has ended. This meeting ;
will be attended by NCDOT staff representing Planning, Design, Traffic, Citizens Participation,
and others who play a role in the development of a project. When appropriate, representatives
from the Federal Highway Administration and local governmental officials also attend.
All spoken and written issues are discussed at this meeting. Most issues are resolved at the
post hearing meeting. The Department of Transportation considers safety, costs, traffic
service, social impacts, and public comments in making decisions. Complex issues may
require additional study and may be reviewed by higher management, Board of Transportation
members, and/or the Secretary of Transportation.
Minutes of the post-hearing are prepared and this summary is available to the public. You may
request this document on the attached comment sheet.
STATE-FEDERAL RELATIONSHIP
This proposed project is a Federal-Aid Highway Project and thus will be constructed under the
State-Federal Aid Highway Program. Financing of this project will be 80% Federal Funds and
20% State Funds. The Board of Transportation is responsible for the selection and scheduling
of projects: on the Federal Aid System, their location, design, and maintenance cost after
construction. The Federal Highway Administration is responsible for the review and approval
of the,previously mentioned activities to ensure that each Federal Aid Project is designed,
constructed, and maintained to Federal Aid. Standards.
B6
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NORTH CAROLINA DEPARTMENT
OF TRANSPORTATION
{ DIVISION OF HIGHWAYS
PLANNING AND ENVIRONMENTAL
... BRANCH
Asheville
NC 191 (Brevard Rd.)
from 1-26 to 1-40
Buncombe County
F A Protect No STP-191(4)
State Protect No 8 1844501
T I.P No U-3601
B7
PROJECT DESCRIPTION
The North Carolina Department of Transportation proposes to widen NC 191 (Brevard Road)
from the 1-26 westbound ramp to the 140 bridge - a distance of approximately 1.80 miles. A
four-lane, median divided roadway with curb and gutter is proposed from the 1-26 ramp to the
Western North Carolina Farmers Market entrance. A six-lane, undivided roadway with curb
and gutter is planned from the Farmers Market entrance to the 1-40 bridge. Exclusive turn-
lanes will be constructed at some intersections along the route. Outside lanes will be wider to
accommodate "share the road" bicycle traffic. A sidewalk is planned along the west side of
Brevard Road.
The new right of way required for the majority of the project will be 100 feet. The current right
of way is approximately 32 feet. Temporary construction easements will also be necessary.
The widening is proposed to the east - toward the Biltmore Estate - from 1-26 to Pond Road.
The widening then transitions west to the Farmers Market entrance.
Driveways will be allowed throughout the project. Existing traffic signals will be upgraded;
however, no new signals are planned. The posted speed limit has not been determined at this
time; however, it is projected to be 45 miles per hour.
Three retaining walls are proposed along the east side of NC 191 - (1) south of the Pine Lane
Road intersection; (2) south of the Pond Road intersection; and (3) in front of the Inanda
Baptist Church. The project includes the realignment of East Oakview Road with Brevard
Road to align with the Farmers Market entrance. In addition, Old Brevard Road will become a
one way southbound facility.

B8
Length: 1.80 Miles
Typical Section: From 1-26 Westbound Ramp
To WNC Farmers Market Entrance
Four Lanes - Raised Median - Curb & Gutter - Berm
Outside Lanes 14' Wide 16' Wide 2' Wide 10' Wide
'Share the Road Bicycle Traffic' Sidewalks & Utilities
Inside Lanes 12' Wide
From WNC Farmers Market Entrance
To 1-40 Bridge
Six Lanes - Curb ,& Gutter -- Berm
Outside Lanes 14' Wide 2' Wide 10' Wide
'Share the Road Bicycle Traffic'
Inside Lanes 12' Wide
Right of Way: 100 Feet + Construction Easements
Relocatees: Residences:
Businesses:
Total
Estimated Cost: Right of Way:
Construction:
TOTAL
4
3
7
$ 2,034,800
7,500,000
$9,534,800
Tentative Schedule: Right of Way: August, 2002
Construction: August, 2004
B9
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1 .__
RIGHT OF WAY PROCEDURES
After decisions are made regarding the final design, the proposed right of way limits will
be staked in the ground. Affected owners of property will be contacted by a Right of
Way Agent and a meeting will be arranged. The agent will explain the plans and the
property owner will be advised as to how the project will affect him. The agent will
inform you of your rights as a property owner. If permanent right of way is required,
professionals who are familiar with real estate values will evaluate or appraise your
property. The evaluations or appraisals will be reviewed for completeness and
accuracy and then a written offer will be made to you by the Right of Way Agent. The
current market value of the property at its highest and best use when it is appraised will
be offered as compensation.. The Department of Transportation must:
1. Treat all owners and tenants equally.
2. Fully explain the owner's rights.
3. Pay just compensation in exchange for property rights.
4. Furnish relocation advisory assistance.
RELOCATION ASSISTANCE
If you are a relocatee, that is, if your residence or business is to be acquired as a part
of the project, additional assistance in the form of advice and compensation is
available. You will also be provided with assistance on locations of comparable
housing and/or commercial establishments, moving procedures, and moving aid.
Moving expenses may be paid for you. Additional monetary compensation is available
to help homeowners cope with mortgage increases, increased value of comparable
homes, closing costs, etc. A similar program is available to assist business owners.
The.Right of Way Agent can explain this assistance in greater detail.
NOTE: PAMPHLETS SUMMARIZING RIGHT OF WAY AND RELOCATION
PROCEDURES ARE AVAILABLE AT THE MODERATOR'S TABLE.
B11
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L. Dewdop Lod Area 11sototaghfam Plan - Transportation Board members work with NCDOT
Study Initiation staff to update TIP
- Conduct initial field trip • - Release draft Transportation Improvement Program
- Meet with local policy boards and technical staff to the Press, public and governments for review.
• - Conduct goals and objectives survey - Finalize TIP following comments
! - Establish local steering Committee (upon local request) - Board of Transportation adopts state TIP
Data Collection • - Metropolitan Planning Organizations receive public
- Collect sOdO-eCOnomic data (land use. population. comment and approve local TIP
traffic volumes and employment data) - Secretary of Transportation approves local TIPS
- Collect transportation network data UL Detielop Irp-m otunenb! Doak
- Research environmental and cultural concerns Notify Public and Government Agencies of Project Study
• - Receive input from various loot area sources (needs, • - Hold citizen information workshops
Problems. concerns. etc) - Evaluate comments received at workshops
• - Local area develops future year sooaeconornic
forecasts • - Form citizen's
advisory group to get kxai citizens
involved (upon loci request)
Data Analysis Select corridors to be studied
- Model casting motion network - Identify feasible corridors and evaluate costs and
- Generate design year transportation information environmental impacts
- Conduct deticie6cy analysis • - Hold information workshop on selected corridors
Discuss Fndings With Local Area Policy Boards, TedWcal - NCDOT staff uses recommendations from local cimM
Staff. and Public governments and state agencies to prepare a draft
• - Discuss defioencies with local area " EnvironmenW Impact Statement (EIS) or Environmental

• - Discuss Poss bile alternative solutions Assessment (EA)
Plan Development Prepare Draft Environmental Document
- flop attemative plans • - Make draft EIS or EA. which addresses the impacts of

- Revie
i each corridor, available to public and send to review
w project
mpacts agencies and local officials for comrrlent
- Conduct cost-benefit analyses. • - Hold public hearing on locution of corridor (1 aday
- Discuss alternawes with local area staff and policy boards comment period follows public hearing)
• - Conduct public information vwrkshcigs) - NCDOT holds post hearing meeting and a corridor is
- Discuss and resolve public comments with local staff recommended using technical data and information
- Select mcOrn riended Plan in cooperation w
with loo! received in =M=ion with the public hearing
staff and policy boards - Notify Public of selected.amidor
Plan'Adoption
oCument
Prepare Final FrnironmerttaID
• - Local government. conducts public hearing(s) Begin Pl elimiriary design of highway in selected
-
•- Present plan foftdoption by kid govemirnent and the
North Carolina Board of Transportation c
- If final ES/Finding of No Significant Impact (FONSI)
Plan Implementation required. send to State Clearinghouse (N.C. Dept
- Local gover ment:enform land we controls Of )and federal'agencies for 30-day

• - Present project t requests through TIP process comrtiertt period
n

U. Develop TM MPortatiiii"ii 4npir+ovement - . Se
d notification of Foal EIS to Review Agencies and
Federal Register
Program (TlP) - Publish record of decision on preliminary design using
e - Local governments select priorities to include in. TIP comments from public. review agencies and the FHWA
• - Board of Transportation holds annual public meetings • _ Hold public hearing on project design (I O=day.public
statewide to update the previous years TIP. comment period follows public hearing) (1)
- Transcribe comments and material received at public - Halo post hearing meeting where any changes in
meetings, and submit to Transportation Board design are made if necessary.
B12
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North Carolina Deparunenc of Transportation, P.O. Bort 25201 Ftaleigk N.C. 27611 1/tNlri
VVIr11r1 LIY 1 JI ILL 1
Widening/Improvements of NC 191 (Brevard Road)
From 1-26 Interchange - Westbound Ramp
To 1-40 Bridge
January 31, 2002
U-3601 Buncombe County Project 8.1844501
NAME:
ADDRESS:
COMMENTS AND/OR QUESTIONS:
Comments may be mailed to
L. L. Hendricks, Public Hearing Officer
N. C. Department Of Transportation, Division Of Highways
Public Involvement Unit
1583 Mail Service Center
Raleigh, NC 27699-1583
Telephone: [phone]
FAX: [phone] B13
email: Ihendricks@dot. state. nc. us
APPENDIX C
Programmatic Section 4(f) Evaluation
For
Impacts to the Biltmore Estate

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-191(4)
WBS ELEMENT 34958.1.1
STATE PROJECT 8.1844501
T. I. P. NO. U-3601
Description: Asheville, NC 191 (Brevard Road) from I-26 to I-40, Buncombe County.
Widen to,a four-lane median'divided eurlr and gutter facility with 14' wide
outside lanes for bicycle accommodations. A vicinity map is included as
Figure 1. The project will impact the Biltmore Estate, an historic property
and a National Historic Landmark. The proposed improvements in the
vicinity of the Biltmore Estate property (West Range LLC) are shown in
Figure 2 of the. Environmental Assessment (EA), and a description of the
Section 4(f) Resource and the project's impact on it is included on page 7.
YES NO
1. Is the proposed project designed to
improve the operational characteristics,
safety, and/or physical condition of the X ?
existing highway facility on essentially
the same alignment?
2. Is the project on new location? ? -
X
3. Is the historic site adjacent to the ?
existing highway? X
4. Does the project require the removal or ?
alteration of historic buildings, X
structures, or objects?
5. Does the project disturb or remove
archaeological resources which are ? X
important to preserve in place rather
than to recover for archaeological
research?
6. a. Is the impact on the Section 4(f) ?
site considered minor (i.e. no effect, X
no adverse effect)?
1
b. If the project is determined to have
"no adverse effect" on the historic ? X
site, does the Advisory Council on -
Historic Preservation object to the
determination of "no adverse effect"?
7. Has the SHPO agreed, in writing, with the
assessment of impacts and the proposed X ?
mitigation?
8. Does the project require the preparation
of an EIS? X
ALTERNATIVES CONSIDERED AND FOUND NOT TO BE FEASIBLE AND
PR DENT
The following alternatives were evaluated and found not
to be feasible and prudent:
Yes No
1. Do nothing
X F]
Does the "do nothing" alternative:
(a) correct capacity deficiencies? ? X
or (b) correct existing safety hazards? F-1
X
or (c) correct deteriorated conditions? X
and (d) create a cost or impact of F X
extraordinary measure?
2. improve the highway without using the
adjacent historic site
X F-1
(a) Have minor alignment shifts, changes
in standards, use of retaining walls, X ?
etc., or traffic management measures
been evaluated?
2
NC 191 (BREVARD ROAD) IMPROVEMENTS
From I-26 to I-40
Asheville, Buncombe County
WBS Element 34958.1.1
Federal Project No. STP-191(4)
State Project No. 8.1844501
TIP PROJECT U-3601
FINDING OF NO SIGNIFICANT IMPACT
Prepared by the Project Development and Environmental Analysis Branch
Division of Highways
North Carolina Department of Transportation
in Consultation with
the Federal Highway Administration
1. TYPE OF ACTION
This is a Federal Highway Administration (FHWA) administrative action,
Finding of No Significant Impact (FONSI).
The FHWA has determined this project will not have any significant impact on
the human environment. This FONSI is based on the Environmental Assessment, which
has been independently evaluated by the FHWA and determined to adequately and
accurately discuss the environmental issues and impacts of the proposed project. The
Environmental Assessment 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 PROPOSED ACTION
The North Carolina Department of Transportation (NCDOT) proposes to
widen NC 191 (Brevard Road) from Interstate 26 to Interstate 40 in Buncombe County
(see Figure 1), approximately 1.8 miles (2.9 kilometers). NCDOT includes this project in
the 2004-2010 Transportation Improvement Program. Right of way acquisition is
scheduled to begin in fiscal year 2003, and construction is scheduled to begin in fiscal
year 2005.
NCDOT proposes to widen NC 191 (Brevard Rd.), an existing two-lane shoulder
section, to a four-lane divided section with a raised grassed median. The proposed four-
lane divided typical section will be 73.5 ft (22.4 m) wide from face to face of curbs. It
will provide two through lanes in each direction divided by a 16 ft (4.8 m) raised grassed
median and will extend from Interstate 26 to Interstate 40. Widening will take place
entirely on the Biltmore Estate side (eastside) of NC 191. Two retaining walls are
included on the east side to reduce the impacts on the Biltmore Estate.
From I-26 to SR 3431 (Pond Rd.) development is mostly residential and located
on the west side. In meetings with Biltmore Estate it was determined that there are
currently no plans for development on the east side of NC 191 within the project limits.
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Approximately 17.01 acres (6.88 hectares) of additional right of way will be
required for T.I.P. Project U-3601, resulting in an estimated four (4) residential
relocations and one (1) business relocation. It is predicted that twenty-one (21)
residential and one (1) business will approach or exceed the FHWA Noise Abatement
Criteria once the project is constructed.
In accordance with the NCDOT Traffic Noise Abatement Policy, the
Federal/State governments are no longer responsible for providing noise abatement
measures for new development for which building permits are issued within the noise
impact area of a proposed highway after the Date of Public Knowledge. The Date of
Public Knowledge of the location of the proposed highway project will be the approval
date of CE's, FONSI's, ROD's, or the Design Public Hearing, whichever comes later.
For development occurring after this public knowledge date, local governing bodies are
responsible for insuring that. noise. compatible designs are utilized along the proposed
facility.
IV. COORDINATION AND COMMENTS
A. Circulation of the Environmental Assessment
The Environmental Assessment was approved by the NC Division of Highways and
the FHWA on May 31, 2001. The approved Environmental Assessment was circulated to
the following federal, state and local agencies for review and comments. An asterisk (*)
indicates a written response was received from the agency. Copies of the correspondence
received are included in the Appendix A (pages Al through A14) of this document.
U.S. Army Corps of Engineers
U.S. Fish and Wildlife Service
Federal Emergency Management Administration
Advisory Council on Historic Preservation
Tennessee Valley Authority*
N.C. Wildlife Resources Commission*
N.C. Department of Administration
N.C. Department of Public Instruction.
N.C. Department of Cultural Resources*
N.C. Department of Environment and Natural Resources-DWQ*
City of Asheville
Buncombe County
Land of the Sky Regional Council
B. Comments Received on the Environmental Assessment
N.C. Division of Water Quality
Comment: "The DWQ supports the "Finding of No Significant Impact" due to no
natural or perennial streams within the immediate project area. DWQ
notes the use of Best Management Practices for the Protection of Surface
Waters as part of NCDOT's environmental commitments to this project to
protect off-site streams from storm water runoff during construction."
Response: Comment Noted
Tennessee Valley Authority
Comment: "It appears that the major environmental issues have been addressed.
Because there are no stream obstructions proposed in Tennessee River
tributary streams, an approval under Section 26a of the TVA Act would
not be needed for this project."
Response: Comment Noted
State Historic Preservation Office
Comment: "We have received the Environmental Assessment for the above project
from the State Clearinghouse and note that the Section 106 Effects Form is
missing from the document. We also note that the references to the
American Council on Historic Preservation, in the "Architectural Historic
Resources" section, should be Advisory Council."
Response: NCDOT inadvertently omitted the Section 106 Effects Form from the
Environmental Assessment. It is included in Appendix A, pages A9-A10
of this document.
C. Comments Received Durine and Following the Public Hearin
Following the circulation of the Environmental Assessment, an open forum public
hearing was held at the National Guard Armory in Asheville on January 31, 2002.
Copies of the public hearing notice and a copy of the handout presented at the public
hearing are included in Appendix B of this report (pages B 1 through B 13).
Approximately 58 citizens attended the public hearing. Substantive comments received
during the public hearing are addressed below:
Comment: Some property owners preferred a 5-lane, undivided typical section over a
4-lane, median-divided section which is recommended for the project.
Response: NCDOT prefers a 44ane divided typical section in most cases because of
the safety and traffic flow benefits of this type of facility. A median-.
divided facility reduces the number of conflict areas by limiting left turns
onto and from the facility, thus reducing collision potential and encouraging
steady traffic flow. A five lane undivided facility is less efficient, allowing
unrestricted traffic movements, increased collision potential, and reduced
capacity. Additionally, the City of Asheville, in conjunction with the
Transportation Advisory Committee (TAC) of Asheville Urban Area
Metropolitian Planning Organization (MPO), has requested a 4-lane divided
typical section.
Comment: The Jim Barkely Toyota/Saturn Dealership requested a full movement
crossover on NC 191 to access their business.
4
Response: A full movement crossover cannot be allowed due to the close proximity
of Pine Lane Road. Representatives from NCDOT's Division 13 and
Roadway Design Unit met with the dealership and it was decided that
NCDOT would leave the median opening in the currently proposed
location at Pine Lane Road and would provide a wider right-in/right-out
access to the dealership to accommodate delivery trucks.
Comment: A property owner indicated that the current design for Old Brevard Road,
which is proposed to be restricted to one way traffic flow, would inhibit
the use of a driveway. He currently enters and exits at the southern
intersection so he can navigate around a utility pole located at Poodle
Way.
Response: NCDOT..investigated this issue and has determined that the relocation of
the utility pole at Poodle Way will not be included as part of this project.
This issue may be investigated again during final development of the
construction plans.
Comment: The current design would require that vehicles traveling north on NC 191,
intending to go to Regional Emergency Animal Care Hospital (REACH),
make a u-turn at Pond Road. Several letters were received addressing this
situation and there was concern that people in an emergency situation
would drive over the median to access REACH instead of proceeding to
Pond Road and making a U-turn.
Response: Division 13 has recommended that an intermediate cross over be located at
approximately 2000 feet (610 meters) north of Dogwood Road, which
places the median crossover across from an existing gravel road. This
crossover will help address the concerns expressed by REACH and will
also provide better access to several other businesses in this location as
well.
Comment: The Inanda Baptist Church requested that the existing steps be removed at
the retaining wall in front of the church.
Response: Initial investigations revealed that a new retaining wall would be built in
front of the existing wall without removing the existing wall. There is
concern with impacting the old oak tree and graves at the top of the wall.
NCDOT will construct the new retaining wall without steps, as requested
by the Inanda Baptist Church, and the details of this issue will be
addressed as final plans develop.
Comment: The Moose Cafe Restaurant (Western NC Farmer's Market) stated that
under the current proposed design, vehicles heading south on NC 191
must U-turn at Pond Road in order to access the Moose Cafe. A turn lane
and median crossover at the Moose Cafe has been requested.
Response: The distance from the Moose Cafe's southern driveway to the Farmers
Market intersection with NC 191 is approximately 450 feet. NCDOT's
Traffic Engineering staff reviewed the operation of the NC 191 /Farmer's
Market intersection based on the twenty year traffic volume projections
and found that traffic will eventually queue a distance of 650 feet from the
Farmer's Market intersection. Therefore, the future traffic queue will
block both the Moose Cafe's driveways which would make it difficult for
5
vehicles to enter the Moose Cafe driveway, even if a median crossover
were provided. The review also determined that by the year 2007, the
queuing of traffic would be approaching the driveways of the Moose Cafd.
Since the project is to be let to construction in 2005, the queuing of traffic
is projected to block both driveways to the Moose Cafe at about the time
the widening project will be completed.
Since traffic will be queuing beyond the driveways at the Moose Cafe, it
would not be safe or functional to add a median crossover at the cafe. In
order to provide the closest safe access point to the Moose Cafe, NCDOT
is recommending that a median crossover be added at the Inanda Baptist
Church driveway. This would be a limited movement crossover that
would allow for left turns into the church and for U-turn movements so
vehicles headed southbound could, make-a U-turn to•proceed.northbound.
Vehicles exiting the church would be limited to right turns out of the
church driveway.
The crossover addition would allow Moose Cafd customers to make a left
turn into the church driveway and proceed behind the church to access the
cafd or make a U-turn on NC 191 to access the cafe. This crossover would
be approximately 900 feet from the NC 191/Famers Market intersection
and would be located beyond the traffic queue of the intersection. This
limited movement crossover would also be located beyond the traffic
queue from the NC 191/Pond Road intersection.
Comment: A property owner requested a break in the control of access directly across
from the eastbound exit ramp of I-40 to allow access into the property
directly off of NC 191. An added phase for the existing signal light that
would allow for protected ingress and egress at the site was also requested.
Response: NCDOT's Right of Way Disposal and Control of Access Committee
previously reviewed and denied this request during their January 10, 2000
meeting. The request was denied "based on recommendations from the
Division Office and due to the close proximity of the next intersection."
However, the Division Office recommended an exclusive right turn lane
be included to serve the parcel in question. This turn lane has been added
to the design.
Comment: There were numerous comments received asking that an off road bike path
and sidewalks be constructed as part of this project. There was also a
request that NCDOT construct only three lanes, two through lanes and a.
center turn lane, and then use the additional right of way to construct a
bike path. The request for sidewalks included constructing a sidewalk
from East Oakview Road to the old NC 191 bridge. This bridge was left
remaining from T.I.P. Project U-2902, the NC 191, relocation project frorn
I-40 to the I-240 Interchange.
Response: A separate path on the Biltmore property would have to be coordinated
between the City of Asheville and the property owner(s). Adding an off
road bike path is not considered to be part of the scope of work for this
project. NCDOT is providing 14 foot wide outside lanes to accommodate
bicycle traffic along the project. Any separate path and/or sidewalk must
be pursued by the City of Asheville as a separate project. NCDOT
Division staff have indicated that the existing bridge over I-40, located at
6
the northern terminal of the project, is not wide enough to provide a
sidewalk from East Oakview Road to the Old NC 191 bridge. Widening
the bridge to provide sidewalk is also beyond the scope of this project.
V. REVISIONS TO THE ENVIRONMENTAL ASSESSMENT
A. Median Breaks
REACH Median Break
.A request was made at the Public Hearing to add a median break
between Pond Road and Dogwood Lane in order to provide access to the
Regional Emergency Animal Care Hospital (REACH), located on the west
side of NC 191. In addition, numerous letters were received after the
Public Hearing requesting this additional median break to provide full
access to the REACH. After reviewing the requests and letters, NCDOT
determined that the spacing between the proposed median breaks at
Dogwood Road and Pond Road was sufficient enough to accommodate the
addition of a median break approximately half way between these two
roads. Placing the median break at REACH would not have provided the
required distance (1200 feet minimum for a posted 45 mile per hour speed
limit) between median breaks for this type of facility because of the
proximity to the proposed break at Dogwood Road. The location of the
additional median break was determined by NCDOT Division staff and is
proposed to be located approximately 2100 feet (640 meters) north of the
intersection of NC 191 and Dogwood Road.
Moose Cafe Median Break
A request was made at the Public Hearing to add a turn lane and
median break at the Moose Cafe. The distance from the Moose Cafe's
southern driveway to the Farmers Market intersection with NC 191 is
approximately 450 feet. NCDOT's Traffic Engineering staff reviewed the
operation of the NC 191 /Farmer's Market intersection based on the twenty
year traffic volume projections and found that traffic will eventually queue
a distance of 650 feet from the Farmer's Market intersection. Therefore,
the future traffic queue will block both the Moose Cafe's driveways which
would make it difficult for vehicles to enter the Moose Cafe driveway;
even if a median crossover were provided. The review also determined
that by the year 2007, the queuing of traffic would be approaching the
driveways of the Moose Cafe. Since the project is to be let to construction
in 2005, the queuing of traffic is projected to block both driveways to the
Moose Cafe at about the time the widening project will be completed.
Since traffic will be queuing beyond the driveways at the Moose Cafe, it
would not be safe or functional to add a median crossover at the cafe. In
order to provide the closest safe access point to the Moose Cafe, NCDOT
is recommending that a median crossover be added at the Inanda Baptist
Church driveway. This would be a limited movement crossover that
would allow for left turns. into the church and for U-turn movements so
vehicles headed southbound could make a U-turn to proceed northbound.
Vehicles exiting the church would be limited to right turns out of the
church driveway.
The crossover addition would allow Moose Cafe customers to make a left
turn into the church driveway and proceed behind the church to access the
cafe or make a U-turn on NC 191 to access the cafe. This crossover would
be approximately 900 feet from the NC 191/Famers Market intersection
and would be located beyond the traffic queue of the intersection. This
limited movement crossover would also be located beyond the traffic
queue from the NC 191/Pond Road intersection.
B. Additional Right of Way
The addition of the median break between Dogwood Road and
Pond Road requires that a "jug handle" be installed on the east and west
sides of NC 191 at the median break in order to accommodate u-turning
traffic. Also, the Biltmore Estate's driveway on the east side of NC 191
was relocated to line up with the median break between Dogwood Road
and Pond Road discussed above. The additional pavement necessary for
the jug-handle and driveway realignment requires that additional right of
way and easements be acquired from properties on both sides of NC 191.
Approximately 0.70 acres of additional right of way and easements will be
needed, of which 0.50 acres are located on the Biltmore Estate property
and 0.20 acres are located on the west side of NC 191.
At the preliminary field review, it was noted that the proposed
guardrail would be located on the proposed right of way boundary if
installed at the required 12 foot off set from the back of the curb. The
option to install the guardrail at the back of the curb was investigated and
determined not to be feasible since it would obstruct the driver's view
when trying to enter NC 191 from the numerous driveways and side
streets along the project. In order to install the guardrail 12 feet from the
back of the curb, NCDOT will need to acquire an additional 5 feet of right
of way from east side of NC 191 for the entire length of the project. This
additional 5 feet does not result in any additional relocatees along the west
side of NC 191; however, it will result in additional right of way being
acquired from the Biltmore Estate property.
Because of these two right of way issues and their impacts on the
Biltmore Estate property, additional coordination with Biltmore Estate
representatives was initiated by NCDOT.
C. Biltmore Estate Drivewav Access
The Biltmore Estate has two existing driveway connections along
the east side of NC 191 within the project limits. The southern driveway
access is located just north of Dogwood Road while the northern driveway
access is located approximately 1270 feet.(387 meters) south of Pond
Road. The project proposes to relocate both driveway. entrances in order
to align them with proposed median breaks. This would allow for better
access into and out of the Biltmore driveways. The southern driveway
access will be realigned to intersect NC 191 at the median break for
Dogwood Road. The driveway entrance on the Biltmore property will be
designed to accommodate the turning radius for tractor trailer vehicles that
are currently entering and exiting the Biltmore property via this driveway.
The existing gate and fence will be relocated in order to provide enough
storage area for a. tractor trailer to pull into the driveway and be
completely off of NC 191 should the gate be closed. The northern
driveway access will be realigned to intersect NC 191 at the median break
located half way between Dogwood Road and Pond Road. A monolithis
concrete island will be placed at the median break in order to restrict the
vehicular movements to u-turning traffic only. Vehicles will not be able to
turn left out of the eastern Biltmore driveway onto NC 191, nor will they
be able to turn left out of the side street on the west side of NC 191 across
from the northern Biltmore driveway.
D. Section 106 Coordination
NCDOT inadvertently omitted the Section 106 Effects Form from
the Environmental Assessment. It is included in Appendix A, pages A9-
A 10 of this document.
E. Progress Energy Driveway & East Oakview Road Realignment
Progress Energy (formerly CP&L) has requested that the driveway
entrances to their property be realigned to allow large, "low-boy" semi
trucks that deliver larger transformers to access the property. This
redesign would also affect East Oakview Road, which serves delivery
trucks for the Post Office and the residential area behind Progress Energy.
This request is still being investigated.
VI. BASIS FOR FINDING OF NO SIGNIFICANT IMPACT
Based upon 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 this project will not have a significant adverse
impact upon the human or natural environment. The project is not controversial from an
environmental standpoint. No significant impacts to natural, ecological, cultural, or
scenic resources are expected. The proposed project is consistent with local plans and
will not disrupt any communities. In view of the above evaluation, it has been
determined a Finding of No Significant Impact is applicable for this project. Therefore,
neither an Environmental Impact Statement nor further environmental analysis will be
required.
CMY/
FIGURES
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END PROJECT
LC• 4.
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3472
367 NORTH CAROLINA DEPARTMENT
as - -? OF TRANSPORTATION
'$3473 ` DIVISION OF HIGHWAYS
3619 3974_ Is PLANNING AND ENVIRONMENTAL
?. BRANCH
NC 191 FROM EAST OF 1-26 TO 1-40
ASHEVILLE
BUNCOMBE COUNTY
TIP PROJECT U-3601
FIGURE 1
(b) The items in 2(a) would result in:
(circle, as appropriate)
(i) substantial adverse environmental
impacts
or (ii) substantial increased costs
or (iii) unique engineering,
transportation, maintenance, or
safety problems
j or (iv substantial social, environmental,
or economic impacts
or (v) a project which does not*meet -"
the need
o (vi impacts, costs, or problems which
are of extraordinary magnitude
Yes No
r 3. Build an improved facility on new ?
To-cation without using the historic site. X
(a) An alternate on new location would
result in: (circle, as appropriate)
G 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 r
historic integrity of the site.
2. Measures to minimize harm have been
agreed to, in accordance with 36 CFR X
Part 800, by the FHWA, the SHPO,
and as appropriate, the ACHP.
3. Specific measures to minimize harm are
described as follows:
a. As a part of this project two retaining walls (both on the east side of NC 191)
have been added to reduce the amount of right of way impacts to the
Biltmore Estate. The first retaining wall is located at the NC 191/Pine Lane
intersection. The wall begins at this location and extends 150 ft. (45.7 m)
south along NC 191.
The second retaining wall is located at the NC 191 /Pond Road intersection.
This wall extends 115ft. (35 m) south of this location along NC 191. A
retaining wall in this location reduces the amount of right of way needed as
well as preventing the roadway from encroaching upon an old farmhouse on
the Biltmore Estate. In coordination meetings the estate stated their concern
for the old farmhouse. The wall will also prevent impacts to two large trees
near the farmhouse. These were also of concern to the Estate and are
believed to be over 100 years old.
b. To further minimize harm to the Biltmore Estate a four-lane undivided
roadway with turn bays was considered. This typical section would reduce
impacts by removing the proposed 16-ft. (4.8 m) median. However, a four-
lane undivided typical section poses several safety concerns. The lack of a
median increases the risk of head-on collisions as well as increases the
number of potential conflict points. Also, public sentiment expressed during
the Citizens Informational Workshop was opposed to this type facility. For
these reasons a four-lane undivided facility was removed from further
consideration.
In addition, several features will be incorporated into the design of the project to help
minimize the impact and mitigate the effect of the proposed project on the Biltmore Estates.
These commitments are as follows:
(1) The NCDOT is continuing to coordinate with the Biltmore Estate regarding the
type of fence that will be used to replace the existing fence along the property.
The existing fence is a 48" high woven wire fence with wood poles and two
strands of barbed wire on top. Biltmore Estate representatives have expressed
concern over wildlife on the highway as well as vandals on the estate property
and would like to NCDOT to use something other than the standard woven wire
fence when it replaces the existing fence.
4
(2) The NCDOT will shift the alignment and use retaining walls to reduce
encroachment upon an old farmhouse and two old trees in the vicinity of the
NC 191 /Pond Road intersection. NCDOT will place a stone fagade on both
retaining walls in order to help the structures blend into the surrounding natural
environment. NCDOT is continuing to coordinate the design of these retaining
walls with the Biltmore Estate.
(3) The NCDOT will minimize fills and right of way as much as possible.
(4) The NCDOT will consider the additional storm water runoff from the widened
road causing erosion.
COORDINATION
The proposed project has been coordinated with the following (attach correspondence):
a. State Historic Preservation Officer see attachment
b. Advisory Council on Historic Preservation not applicable
c. Property owner see attachment
d. Local/State/Federal Agencies not applicable
e. US Coast Guard not applicable
(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:
l 1 11 63
at t Gregory J. Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch, NCDOT
Date John F. Sullivan III, Division Administrator
+-? ederal Highway Administration
6
Description of the Section 4(f) Resource and the Associated Impacts
National Historic Landmarks are nationally significant historic places designated
by the Secretary of the Interior because they possess exceptional value or quality in
illustrating or interpreting the heritage of the United States. The Biltmore Estate is
designated a National Historic Landmark. It is visited by more than 850,000 people
annually. Biltmore displays the accomplishment of two of America's greatest 19`h
century designers, Fredrick Law Olmsted and Richard Morris Hunt. These two designers
were allowed by their client George Washington Vanderbilt, the opportunity to "design
almost without limitations on expenditure". The Gilded Age chateau was equipped with
every modern convenience and framed by a formal French garden amid a naturalistic
English park, with a manorial village at its gates and extending into the mountains
beyond, some 125,000 acres (50,585 ha) of forests encompassing a nationally influential
scientific forestry program. The 8; 000, acre..(3,23.7 ha) core-of the estate._is still in family
hands and is maintained and managed for public visitation.
George Vanderbilt married Edith Stuyvesant Dresser in 1898 and the couple used
Biltmore as their principal home. Edith Vanderbilt took special interest in community
improvement projects including creation of Biltmore Industries to teach handicraft skills.
After George Vanderbilt unexpectedly died in 1914, his wife Edith remained at Biltmore
and continued work in the community. In 1915 she sold nearly 87,000 acres (35,207 ha) to
the federal government as part of Pisgah National Forest, and she sold Biltmore Industries in
1917, Biltmore Village in 1921, and the land that became the community of Biltmore Forest
in 1920. In 1924 the Vanderbilts' only child, Cornelia married John Cecil. In 1930 the
Cecils first opened the house to the public. Under the careful stewardship of the Cecil
family, the 8,000-acre (3,237 ha) estate has thrived as a tourist attraction, productive forest,
dairy farm and a winery.
The Biltmore Estate borders NC 191 from I-26 north to SR 3431 (Pond Road).
This section of the Biltmore Estate is primarily a wooded area. The proposed improvements
to NC 191 will not be in the line of sight of the Biltmore House. The project will require the
acquisition of approximately 7.3 acres of right of way and approximately 5.6 acres of
temporary construction easements from the Biltmore Estate. NCDOT, the State Historic
Preservation Office (SHPO) and the Federal Highway Administration (FHWA) have agreed
that the proposed project will have "no adverse effect" on the Biltmore Estate Property. The
project results in a use under Section 4(f) of the U.S. Department of Transportation Act.
7

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BEGIN PROJECT
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"" NORTH CAROLINA DEPARTMENT
3 0 . (OZ5- OF TRANSPORTATION
$3°73 DIVISION OF HIGHWAYS
3619 1 4 366 ; PLANNING AND ENVIRONMENTAL
4.. BRANCH
NC 191 FROM EAST OF I-26 TO 1-40
ASHEVILLE
BUNCOMBE COUNTY
TIP PROJECT U-3601
FIGURE 1
Feclerul .! id # ST P (t I (?) TIP 1# o-7
-? County:N Coyv-, BS
CONCURRENCE FORM FOR ASSESSMENT OF EFFECTS
Project Description: (A I PC7V G ? 9 ?yZa-Wt (0 M
On 2-9 AAA-12- 2001, representatives of the
® North Carolina Department of Transportation (NCDOT)
Federal Highway Administration (FHWA)
® North Carolina State Historic Preservation Office (SHPO)
reviewed the subject project and agreed
there are no effects on the National Register-listed property/properties located within the
project's area of potential effect and listed on the reverse.
there are no effects on the National Register-eligible property/properties located within
the project.'s area of potential effect and listed on the reverse.
there is an effect on the National Register-listed property/properties located within the
project's area of potential a tfect. The property/properties and the effect(s) are listed on the
reverse.
•? there is an effect on the National Register-eligible property/properties located within the
project's area of potential effect. The property/properties and effect(s) are listed on the reverse.
Signed:
Representative,.NCDOT Date
z&- z
FHWA, for the Division Administrator, or other Federal Agency Date
_ a o
Representative, SHPO to
His' State is reservation Officer Date
Fetle 'ur A&1 #57- ( cl I(, LO Tip # U -3&0 ? County: -?v N C_ om e ?
Properties within the area of potential effect for which there is no effect. Indicate if property is
National Register-listed (NR) or determined eligible (DE).
Properties within the area of potential eftect for which there is an effect. Indicate property status
(NR or DE) and describe the effect.
'Ot LxMmssii, u; ^rr'5 ( N P-).
No ?? Jc E?;V,-eCT-
Reason(s) why the effect is not adverse (if applicable).
Initialed: NCDOT THWA X4<::2 SHPO h
ROBERTS
STEVENS
ATToAmays AT LAW
JOHN S. STEVENS
JAME5 W. WILLIAMS
CARL W. LOFTIN
WALTER L. CURRIE
JOHN W. MASON
MARC RUDOW
SHERYL W WILLIAMS
WILLIAM CLARKE
VINCENT D. CHILDRESS. JR.
MARJORIE ROWE MANN
GREGORY D. HUTCHINS
JACKSON D. HAMILTON
WYATT S. STEVENS
BB&T BUILDING
ONE WEST PACK SOUARE. STE. 1100 28601
POST OFFICE BOX 7647
ASHEVILLE, NORTH CAROLINA 28802
TELEPHONE [phone]
FACSIMILE 16281 258-6955
www. roberts-steveriS.COM
MARK C. KUROYS
JACQUELINE D. GRANT
CHRISTOPHER Z. CAMPBELL
ROBERT E. ALLEN
DAVID L. ENGLISH
PATSY BRISON MELDRUM
CYNTHIA S. GRADY
KENNETH R. HUNT
DENNIS L. MARTIN. JR.
PETER B. MCGUIRE
OF COUNSEL
LANDON ROBERTS
FRANK P. GRAHAM
Writer's Direct Dial Phone: 828-258!990
Writer's Email-Address: jstevens cci roberts-stevens.com
April 4 2003
Mr. Craig Young, P.E.
Project Development Engineer
Project Development and Environmental Analysis Branch
NC Dept. of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
RE: Asheville, NC 191 (Brevard Road) from I-26 to I-40, Buncombe County
State Project No. 8.1844501, Federal Aid Project No. STP-191 (4), TIP Project
No. U-3601
Dear Mr. Young:
I am responding to your letter to George Pickering, II, dated February 27, 2003, in which
you continent on my letter of November 14, 2002 and our meeting of October 10, 2002. We
have also received the revised map showing the reconfigured entrances and compared that to the
map we all looked at during the October 10th meeting.
West Range is comfortable with the understanding and commitment in the last paragraph
of r,o fl=- rn..c of TrnTTr lottar =rid to fir ffi11 nMrogr4nh ^^. }liar S°CD.^.d page of ynur latter
concerning redesign and enlargement of these entrances upon future development by West
Range.
West Range is also comfortable with the redesigns of both north and south entrances into
Hwy 191 and appreciates the DOT's consideration of its needs.
West Range does not feel` that the DOT should have to acquire land across the road in
order to save the 200 veer old tree. For now it will be alright to attempt to save the tree but not
reduce the proposed roadway section. If West Range's arborist feels that the tree should come
down now, then that decision can be made at the time.
R&S:334724-1
ROBERTS & STEVENS, P.A.
Mr. Craig You, P.E.
April 4 2003
Page 2
Next, West Range is considering the type retaining wall and would like to see some
schematics or drawings that would depict that proposed in order to make a final judgment.
Finally, West Range is considering the type of fence DOT would construct along the
right-of-way margin. For reasons of buffering highway noise and interference consideration is
being given to having DOT construct a brick wall similar to that along the beltway in Raleigh.
We would appreciate your giving consideration to this.
We look forward to working with you on these open matters, one of which, of course, is
`t. C ..r., nr land taker. e understand .y -i1.1. be co'_1s'de ? lr d !at a later date.
Sincerely yours,
ROBERTS & STEVENS, P.A.
P I.-
/', /;mot
John S. Stevens
JSS/paj
cc: George Pickering, II
Steve Sawyer
R&S:334724-1