Loading...
HomeMy WebLinkAboutNC 191 Brevard RoadNC 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(I) EVALUATION October 2003 Documentation Prepared in Project Development and Environmental Analysis Branch By: 1111111tItIJ11111 un PI/ , P •'e? Crai M. Yo Project Developm t Engineer EAL y9r S. Eric Midkiff, P.E. Project Development Unit Head ?G M .? 0 ?. SPECIAL PROJECT COMMITMENTS NC 191 (BREVARD ROAD) IMPROVEMENTS From I-26 to I40 - 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. • 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 $163,000. In accordance with NCDOT's pedestrian policy, the City of Asheville will share the cost by contributing 40% o of the sidewalk construction cost. Finding of No Significant Impact Page 1 of 2 October 2003 t Roadway Design Unit, Soils and Foundation Unit, PD&EA Branch As part of this project, two retaining walls (both on the east side of NC 191) will be constructed to reduce the amount of right of way- impacts to the Biltmore Estate. These retaining walls will include a rock fagade so that they blend in with the natural surroundings, thereby creating a more aesthetically pleasing structure.. NCDOT will continue to coordinate the rock fagade design with the Biltmore Estate during the final design stage of the project. Roadway Des$n Unit, PD&EA Branch NCDOT will continue to coordinate with the Biltmore Estate concerning the replacement of the existing woven wire fence that is located on Biltmore Estate property. This fence defines the boundary between the Biltmore Estate property and NCDOT right of way along NC 191. Finding of No Significant Impact October 2003 ' j -. TABLE OF CONTENTS 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 ..................................................................................... S C. BILTMORE ESTATE DRIVEWAY ACCESS ..................................................................... S 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 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. Also, the City of Asheville stated a preference fora four-lane divided typical section. For these reasons a four-lane divided section is proposed. This typical section is more in keeping with the character of the area than a five-lane typical section. Commercial development within the project area is primarily north of SR 3431 (Pond Rd.). The proposed project will provide a design speed of approximately 80 km/hr (50 mph) in anticipation of a posted speed limit of 70 km/hr (45 mph). It will require 105 ft (32.0 m) of right of way. The proposed improvements are shown in Figure 2. The proposed project will result in an estimated four (4) residential relocations and one (1) business relocation. No jurisdictional surface waters or wetlands were observed in the project area; therefore, no water resource permits or mitigation are required. No federally protected species or archaeological sites will be impacted by the proposed project. The proposed project will not have a substantial detrimental effect on the quality of the humanenvironment... . The estimated cost of the project is $9,734,800, including $2,034,800 for right of way acquisition and $7,700,000 for construction. The funding shown in the 2004-2010 T.I.P. is $2,650,000 for right of way acquisition and $7,500,000 for construction, for a total of $10,150,000. The estimated project cost is $415,200 less than the cost shown in the T.I.P. III. SUMMARY OF BENEFICIAL AND ADVERSE ENVIRONMENTAL IMPACTS The proposed improvements will allow more efficient vehicle operation and reduced travel times. This will result in road*user cost savings. Automobile traffic safety will be enhanced. Access to homes, businesses,.andpublic facilities will be improved. The project will also improve access to the Western North Carolina (WNC) Farmers Market. The project vicinity is already moderately developed, and the proposed project simply involves the widening of an existing roadway. Jurisdictional wetlands and surface waters do not occur in the project area. No permits are required from the U.S. Army Corps of Engineers or the N.C. Division of Water Quality. No impacts to federally protected species are anticipated and impacts to other native plants and animals will be insignificant. No archaeological resources will be affected; however, one historic architectural resource, the Biltmore Estate Property, will be impacted by the proposed project. All measures to avoid impacting this property were studied and the resulting impacts were determined to be unavoidable. Approximately 14.3 acres (5.8 hectares) of right of way and 6.3 acres (2.5 hectares)of temporary construction easement will be required from the Biltmore Estate. After reviewing the proposed project in the field, the Advisory Council of Historic Preservation (ACHP), in cooperation with the State Historic Preservation Office (SHPO) determined that the proposed project would have "No Adverse Effect" to the Biltmore Estate Property. No further action was necessary for Section 106 compliance. NCDOT, FHWA, and SHPO are in agreement with the determination that the proposed project will have "No Adverse Effect on the Biltmore Estate Property (see Appendix A, page A9-10). The acquisition of right of way from the Biltmore Estate is considered an impact under Section 4(f) of the U.S. Department of Transportation Act. A draft Section 4(f) was included in the Environmental Asseisment, signed. in May 2001, and a Programmatic Section 4(f) evaluation is presented later in this document. 2 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 During 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 4-lane 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. 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 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 Cafe 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 projectfrom 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 Cafd'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 Ca&s driveways which would make it difficult for vehicles to enter the Moose Cafd 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 Cafd, it would not be safe or functional to add a median crossover at the cafd. In order to provide the closest safe access point to the Moose Cafd, 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 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. 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 Driveway 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 :g ? Ashevil ?ar0 ivdk • ` DiiimiAu • olle `. ` oot - ,.000'. i NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL BRANCH NC 191 FROM EAST OF 1-26 TO 1-40 ASHEVILLE BUNCOMBE COUNTY TIP PROJECT U-3601 Z 0 ? { ? Z m m[' ? 7D m N ??° ? ? N 1 o ZZ Z 0 o` B 3 a mn ? QNm -7 ,p?Ca Dr Z-i r r0-?Z O p ". 4Z° 04-1 = D $ = ? D c°Ni°c°a® DZmgzv oov? i O? OO K O p F N N oaf a a > NDZ O W v m m f O = -h m m n m o x c x ?. -+- -u 7 cn. -? (DD . ? O Cf) R° ? 3 CD m -+ P a z m CD :T 7u -+ -+ o < z ° o E3 < o CD --' 0 -h z n z Matchline ------------------- G? T T T T f W Im ' I z O Cm I ? C-) •? L ac \ l f I ? I I I I I ? / Matchline ------------ Matchline -u m C7 m 0 x 7 c x < CD ?. 0 -7 -. ? CD -• O cn go - D• r cD c? r -+ o C FT m • < C : ? -+ O + 3 < O CD O 4) ? o ? 17 ? m f Matchline `- A -' Matchline F ? 1 p n?S f c? r \V LL - I I ? rn r, ti ?O y S m y zx°oz 503 + m z _ m m co -n n p m H _ - (A O b ?c?_ ? 7 O tD Z Z N ? O 3 i v 9 m ri WN °>0 m+zm??m o ?O=>? - o + = P c-) -+ ' I > ? = p > ? c a?°°am C jz, zo mODm..Ca000 O. O N?? ? V1 VA N 7 Ln ? o ® 4 z --4 N x m Matchline r T ? 1 0 JN6 MatchIine ?r jUA MatchIine ------------------- I j ?I e`1aU? Matchline M T TdW{? ? ,I ?p N go N Matchline -0 F'T-l --U C-) FT-1 p X 7 c x ?• 7 Cf). o m - -? n c? C: c ) CD ?• } - -? o < z D ? ? D < O CD p ? 'G p ?o a \ F? \ IJ T C 7D N N 0 0 m ii O 0 N m m a O 01 i i rzz1^vaQC2 p ? A o N ? ? ?voSoio ;vZZ,fD .. a07W 1rt??AC m0+ z mm<m Dr=Dr PO- +o L° •nOO00.0 Dm2O? c. -4c_ ZZ4 ::E Zc :1 z R OFoZB ?OOa (ADN a a? .. VI z p v W ? n n 2 F 1 ?F ------------------- Matchline Matchline Matchline Vl?l \ T m m N N O m II O O N 7 m m cn O -* Q1 r M-0a0Z t-n? 5TH - CA CCD o ?n Z" Z Z O ? roos0 Z Op?o 0 n am CNi<m Dr=DO +o o< r-O -FZ 0-+? = 3X5D C0 i C- ? Z y Z m W0D 9{a0 ?--{-< 2Ai-?K Oa H N N oD U0? m Z Z z ?I I I? Matchline ------------------- z T i f f+ f? Matchline 8 y F m r l i l l V I r V C) FT I 0 X 7 c x m< CD co -+ OO V C. 3 (D • D O co go .s -? (C) (D a 0 (C) m c') ?u cp 4 z CD E3 ::)7 (D < CD O < O CD C) -? O 0 t m ? F I ?I N ? - ?P 1,17 ii ? i 3fchliip" e \ j./ m Matchline C ' I ' ? I I I (i 1 i I 14 ? e ? t I l i _ ?_- Q 1 J a 1 r/` r II f -n m m-0 0OZ 7O - o 0?1 ?H"-170 m m Z mm -?° -4 V) ?mCsl, 0z Z?ZZ o v 0 o+zmQ'o< rD'p .D.iZ ?ov,Ooam Zbmfzv ao v : i F A 2 tDt4 00 tA a N y -9 O m m , ? Z f ? M 1 I R ? / Matchlipe f I :. ppE / , $ 1. Cf) > 1 y i O I F / ` - -401 ' I Q a i /1 0 f Z CD L m I I m m m n m o x 7 c x ?• -. -U U ?. 3 O go (D ? m -+ m a C m (D (o ::)7 ? ? '+ -+ o < Z O -+ 3 < O (D C) -h O Q l U-3601 Typical Section VARIES 34/-911 34/-91 (10.6m) (10.6m) 10,_0 14,_0 12,_0" 8`018/-011 121-0, 14,_011 10'_01 3.0m -(4.3m).6m) (2.q-'- m m) (3. ) (q. m) (3.Om) CUT 2'-0" (.5m) c.5m) 2'-0" (0.6m) C&G 0°75' 0°75' C&G (0.6m 2°??P?° OVARIES Mq k° 0,02 0.02 0.02 _? ! ?-- -? .02 ? 0.02 0.02 2>I ?jQk° 2'-6" 1'-6" I'-6121- 61 FILL C&G C&G P°G°L° C&G C&G (0.8m) (0.5m) (0.5m) (0.8m) DESIGN SPEED 50 MPH (80 KPH) Figure 3 APPENDIX A Comments Received on the Environmental Assessment bokk-L I I 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 (865) 632-6889 or hmdraper@tva.gov. 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 Wildlife Resources Commission. Charles R. Fullwood, Executive Director MEMORANDUM TO: Melba McGee Office of Legislative and Intergovernmental Affairs, DENR FROM: Maryellen Haggard, Highway Proje t oo inator Habitat Conservation Program DATE: August 14, 2001 SUBJECT- North Carolina Department of Tcartsportation (NCDOT) Environmental 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. S. 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 pzojeet 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 Envvi onmental Policy Act (42 1J. &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 gutter section divided by a 16-foot median from 1-26 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 ptwject- Thank you for the opportunity to comment on this EA. If we can be of any further assistance please call me at (336) 527-1549. ee_ Marella Buncick U.S. Fish and Wildlife Service, Asheville Cynthia Van Der Wiele, DWQ, Raleigh A2 Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center • Ralcigh, NC 27699-1721. Telephone: (919) 733-3633 est. 281 - Fax: (9191 715-7643 Michael F. Easley, Governor Lisbeth C. Evans, Secretary September 4, 2001 North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook, Administrator MEMORANDUM To: William D. Gilmore, P.E., Manager Project Development and Environmental Analysis Branch From: David Brook Deputy State 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 \v E D ?v CO c?FQ r lAl'I-u C T DA? o? Q .? `DJ 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 Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763. DB:kgc cc: Mary Pope Furr, NCDOT ' A3 Location Mailing Address Telephone/Fox Administration 507 N. Blount St, Raleigh. NC 4617 Mail Service Center, Raleigh 27699-4617 (919) 733-4763.733-8653 Restoration 515 N. Blount St, Raleigh, NC 4613 Mail Service Center, Raleigh 27699-4613 (919) 733-6547.715-4801 Survey & Planning 515 N. Blount St, Raleigh, NC 4618 Mail Service Center, Raleigh 27699-4618 (919) 733-4763 4715-4801 :err 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: SCF.I Fiie rr 02-E-4220-0030; Environmental Assessment Proposed Widening of NC 191 (Brevard Rd.) from I-26 to 1-40; Buncombe County; TIP #U-3601 The above referenced project has been reviewed through the State Clearinghouse Intergovernmental Review Process. Attached to this letter are comments made by agencies revie,ving this document. Should you have any questions, please do not hesitate to call me at (919) 807-22425. Sincerely. r.;e 1? Ms. Chrvs Bagcyett Environmental Policy Act Coordinator Attachments cc: Region B 116 West Jones Street Raleigh. North Carolina 27603-8003 Telephone 919-807-2425 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 V' Environmental Review Cocrdirator SUBJECT: 02-E-0030 Seopi-..g En Improvements to NC 191 Brevard Road, Buncombe County DATE: August 24, 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 opportunity tc review. Attachments yJ , i - A5 1.601 Mail Service Center, Raleigh. North Carolina 27699-1601 Phone: 919-733-49841 FAX: 919.715-30601 Internet. www.enr.state.nc.us/ENR/ DEPARTMENT OF ENVIRONMENT AND Project Number NATURAL RESOURCES-1 f ?. ?s v DIVISION OF ENVIRONMENTAL HEALTH County ,f`-)-e;,c.C?'-" o, e Inter-Agency Project Review Response Project Name Ac 0 0 Type of Project ? The applicant should be advised that plans and specifications or all water system improvements must be approved by the Division of Environmental Health prior to the award of a contract or the initiation of construction (as required by 15A NCAC 18C .0300et. seq.). For information, contact the Public Water Supply Section, (919) 733-2321. ? This project will be classified as a non-community public water supply and must comply with state and federal drinking water monitoring requirements. For more information the applicant should contact the Public Water Supply Section, (919) 733-2321. ? If this project is constructed as proposed, we will recommend closure of feet of adjacent waters to the harvest of shellfish. For information regarding the shellfish sanitation program, the applicant should contact the Shellfish Sanitation Section at (252) 726-6827. ? The soil disposal area(s) proposed for this project may producea mosquito breeding problem. For information concerning appropriate mosquito control measures, the applicant should contact the Public Health Pest Management Section at (252) 726-8970. ? The applicant should be advised that prior to the removal or demolition of dilapidated structures, a extensive rodent control program may be necessary in order to prevent the migration of the rodents to adjacent areas. For information concerning rodent control, contact the local health department or the Public Health Pest Management Section at (919) 733-6407. ? The applicant should be advised to contact the local health department regarding their requirements for septic tank installations (as required under 15A NCAC 18A. 1900 et. sep.). For information concerning septic tank and other on-site waste disposal methods, contact the On-Site Wastewater Section at (919) 733-281915. . ? 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 X ' eviewer i relocation must be submitted to the Division of Environmental Health, Public Water Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North Carolina 27699-1634, (919) 733-2321. For Regional and. Central Office comments, see the reverse side of this form. Sectio ranch Date A6 O?OFrAT r- >_ y O 'c July 20, 2001 v, fi MEMORANDUM ' To: William D. Gilmore, P.E., Manager J(!( . s• :af NCDOT Project Development & Environmental Analysis Branch Through: John Dorsey, NC Division of Water Qua ' From: Cynthia F. Van Der Wiele, NCDOT Coor ' ator G4,??T? Subject: Federal Environmental Assessment for NC 191 (Brevard Road) from 1=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, USAGE 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/ncwetlands/ ?, ) 1 Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality William G. Ross Jr., Secretary IQ North Carolina Department of Environment and Natural Resources r Gregory J. Thorpe, Ph.D. Dirctor Division Jo. Wtater Qua ty August 8, 2001 MEMORANDUM To: Melba McGee, Environmental Coordinator NCDENR Office of Legislative and Environmental Affairs Through: John Dorsey, NC Division of Water Qualit From: Cynthia F. Van Der Wiele, NCDOT Coordinator. CV Subject: Federal Environmental Assessment for NC 191 (Brevard dt"i 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 (919) 733-7015 ADER Customer Service 1 800 623-7748 Feclerul.4 id Tip # County: 5h,r j Car. HS CONCURRENCE FORM FOR ASSESSMENT OF EFFECTS Project Description: W ! ATV N t? ?C( ('O/ On 2cl /L-• 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 r-I 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. 0 there are no effects on the National Register-eligible property/properties located within the proiect.'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: zc? AAAYZ- Representative,.NCDOT Date FHWA, for the Division Administrator, or other Federal Agency Date a o Representative, SHPO Dfite 3 0 State is is reservation Officer Date A9 Ferlcrul.40#?P (Cr((,Lt) Tip# U 3w County: -?v NLOnne4' 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. Reason(s) why the effect is not adverse (if applicable). Initialed: NCDOT FHWA 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 RU DOW SHERYL H. WILLIAMS WILLIAM CLARKE VINCENT D. CHILDRESS. JR. MARJORIE ROWE MANN GREGORY O. HUTCHINS JACKSON O. HAMILTON WYATT S. STEVENS BB&T BUILDING ONE WEST PACK SQUARE. STE. 1100 28801 POST OFFICE BOX 7647 ASHEVILLE, NORTH CAROLINA 26802 TELEPHONE 18281 252-6600 FACSIMILE 18281 25S-6955 www.roberts-stevens.com 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 B. MCGUIRE OF COUNSEL LANDON ROBERTS Writer's Direct Dial Phone: 828-258-6990 Writer's Email Address: jstevens@roberts-stevens.com 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, PA. 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, JSS/paj encl. cc: George W. Pickering, II ROBERTS & STEVENS, P.A. John S. Stevens 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 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 5CUARE. 5TE. 1100 28801 POST OFFICE BOX 7647 ASHEVILLE, NORTH CAROLINA 28802 TELEPHONE 18281 252-6600 FACSIMILE 18281 258-6955 www. roberts-stever1s.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 8. Mc GUIRE OF COUNSEL LANDON ROBERTS FRANK P. GRAHAM Writer's Direct Dial Phone: 828-258-6990 Writer's Email Address: jstevens@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 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 rd 45111 p-ragra,?h nn 0- S-Cc".. rnwrr b.. e of x?our letter f , tt'° Fact nµ.+w 'r C- VA I lettsa....r u n rl the thi. v ..Y b• t. v- . Y J v. aa.. .a Y J.. i J .a... 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 will 1,r considered at a » later date. alta', isiuuvl v1 vv/iIrVllJaa..wa iV. 1Znd ake . ?l.ul ? L:rder_t:rd ?.... a o_n _side_r_.. e,r .e. Sincerely yours, JSS/paj cc: George Pickering, II Steve Sawyer ROBERTS & STEVENS, P.A. ? ?' A;te'e- John S. Stevens 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 - Environmental 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, NC27699-1583; telephone (919) 250-4092; FAX (919) 250-4208; or email Iendricks@dot.state.nc.us. 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 LYNDOTIPPETT GovLRNpR JANUARY 31, 2002 SLCRL'TARl' 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'WAYIPROCEDURES. 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 WITHIN THE NEXT 15 DAYS TO ADDRESS SHOWN ON THE COMMENT SHEET. ALL COMMENTS WILL BECOME PART OF THE PUBLIC RECORD. AGAIN, I WANT TO THANK YOU FOR ATTENDING THE. OPEN-HOUSE PUBLIC HEARING AND FOR GIVING US YOUR COMMENTS. A DECISION ON THE PROPOSED PROJECT WILL BE MADE IN THE NEAR FUTURE. SINCERELY, LEN HENDRICKS PUBLIC HEARING OFFICER MAILING ADDRESS: NC DEPARTMEIIT OF. TRANSPORTATION PUBLIC INVOLVEMENT UNIT 1583 MAIL SERVICE CENTER RALE16H NC 27699.1583 - TELEPHONE: 919.250.4092 FAX: 919.250.4208 WE©SITE: WWW.DOH.DOT.STATE.NC.US LOCATION: CENT1IRV CENTER COMPLEX BUILDING A 1 GOO BIRCH RLV.E. DRIVE RALEIGH NC 1 B4 The purpose of the proposed project is to reduce congestion, increase traffic capacity, and improve safety along NC 191 (Brevard Road) between the I-26 westbound interchange ramp and the 140 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 NG 191 (Brevar&Road)-from the 1-26 westbound interchange ramp to the 140 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 (919) 250-4208 email: Ihendricksoo dot. state. nc.us B5 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%a 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 ,.•1' • 1 \ ?'r \1 J•? ? ^?I ?,???.? ?`? ??\ ? \. ' 1rl' 1??$IM'. H•Ir. \ ?. u•n?M aE `. . ,.: nb, wrNNnr. MOU .1 -? v bmheville; '•W Svann` \a re.n > r= r ?..I \ ?? ' _ r y.Sr r..r.•.. G. `` \` f0.q? / ? ?• ?YW.ne baton ^,?? w•w? ?rOtn Cr t y \1 s? /V i j? / I a _ ?yN?? rrz END PROJECT tr 1 C / ? '; Ilk tz ---- -?,o-- --'--- ------------ I F?'?CM M j I? / I 1 I I I MII r / BILTMORE N ,+ - U4 BEGIN PROJECT y.o 1 - -N\ , B7 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION i DIVISION OF HIGHWAYS .+ PLANNING AND E.1,VMONMENTAL ••` •, r BRANCH Asheville NC 191 (Brevard Rd.) from 1-26 to 1-40 Buncombe County F A Project No STP-191(4) State Project No 8 1844501 T I.P No U-3601 PROJECT DESCRIPTION The North Carolina Department of Transportation proposes to widen NC 191 (Brevard Road) from the 1-26 westbound ramp to the 1-40 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 8 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: 4 Businesses: 3 Total 7 Estimated Cost: Right of Way: $ 2,034,800 Construction : 7,500,000 TOTAL $9,534,800 Tentative Schedule: Right of Way: August, 2002 Construction: August, 2004 B9 r f W ' u J a a S « N. v u 7T 1 m • m ? o 0 1 1 1 1 W ? 1 a 1 I m 1 ? zo - 0 1 WE I . g o W ill C? L W d W 1 40 e fL r f B10 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. Fumish 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 - - .. rA1a 6 J 0P?y ?rrpt! !o/ 4 *44W p14eft 111! acaw praxes ad pubk x%0kWrWW evoommu'a w eaaahr'w at an Aq r Jnad Aor fwn ) Jrd n1Jr Wry.1 acrawvwe 6Wh IpdKal and stJre a l "Mon 4 t1DnpYlnk 4?Q?f replramerl6.? ? - indiUtet typi0l p?1AliC p?fOOpi0O1?.?lOffWYtKt (wiles aepNfOn9 tpol sPK'Jt PKyeKU 1. Develop Local Area ThonnuglWam 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 goats 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 socio-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 p Enviro-muss al Dootments - Research environmental and cultural concerns Notify Public and Government Agencies of Project Study • - Receive input from various local area sources (needs, 0 - Hold citizen information workshops problems. concerns. etc) - Evaluate comments received at workshops • - Local area develops future year sooo-economic • - Form citizen's advisory group to get local citizens fog involved (upon local request) Data Analysis Select Corridors to be studied - Model adsting motion network - Identify feasible corridors and evaluate costs and - Generate design year transportation information ernnronmental irnpac is - Conduct deficiehcy analysis • - Hold information workshop on selected corridors Discuss Findings with Local Area Policy Boards. Technical - NCDOT staff .uses recommendations from local citizens, Staff. and Public govemrents and state agencies to prepare a draft • - Discuss deficiencies with local area Envi onrneraW Impact Statement (ElS) or Environmental • - Discuss possible alternative solutions Asessmerit (EA) Plan Development Prepare Draft Environmental Document - Develop alternative plans • - Make draft EIS or EA, which addresses the impacts of R i each corridor, available to public and send to review - ev ew project impacts agencies and local officials for comment - Conduct cost-benefit analyses. • - Hold public hearing on location of corridor (10-day - Dim iss alteratives with local area staff and policy boards mrrmrrment period follows pubic hearing) • - Conduct public information workshop(s) - NCDOT holds post hearing meeting and a corridor is - Discuss and resolve public comments with local staff recommended using techmical data and information - Select recommended plan in cooperation whh local received m conjunction with the public hearing staff and policy boards * PUI* of seleued.mrridor Plan Adoption Prepare Final Environmental Dooment • - focal government conducts public hearing(s) p^e?y design of highway in selected - Begin ?- Piesent plan faMdoption by fool government and the r (1 NoRh Carolina Board of Uansportation - If final E1SrFirmdn of No Significant 9 Impact (FONSI) Plan Implementation required, send to State Clearinghouse (N.C. Dept - local goverment :enforces land use controls of ) and federal agencies for 30-day m • - Present project requests thmgh TIP process com ent period - Send notification of Final EIS to Review Agencies and U. Develop T- Mi spoetation in,ptrovement Federal Register Puo9ram MP) - Publish record of decision on preliminary design using • - 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 - Hold Post hearing meeting where, any changes in meetings, and submit to Transportation Board design are made if necessary. B12 i (1 } tress sew arc combined r.1d1 condor Axis n for coact ;nlaaer proletL• puesz ort;? Gill Gwen Pa=vawn urur (9) 9) 2504092 North Carolina Department of Transportation, P.O. aox 2S201 Raleigh, N.C. 27611 1ifi35 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: (919) 250-4092 FAX: (919) 250-4208 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 curb-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 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? a 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 a X Does the "do nothing" alternative: (a) correct capacity deficiencies? ? X or (b) correct existing safety hazards? X or (c) correct deteriorated conditions? ? X and (d) create a cost or impact of ? X extraordinary measure? 2. Improve the highway without using the adjacent historic site ? X (a) Have minor alignment shifts, changes in standards, use of retaining walls, X ? etc., or traffic management measures been evaluated? 2 (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 or (iv substantial social, environmental, or economic impacts or (v) a project which does not meet the need o E i impacts, costs, or problems which are of extraordinary magnitude Yes No 3. Build an improved facility on new ? location without using the istonc site. X (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 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 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: 11 I r1 63 LL at ?t, Gregory J. Thorpe, Ph.D., Environmental Management Director Project Development and Environmental Analysis Branch, NCDOT 11/11103 6h4Avw--,) . Date John F. Sullivan III, Division Administrator `Federal 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 r-, ?B 10 / /• f .. ` .?` ?` X91) END PROJECT 4arE ,. asyNa, a ? 1 ?, q 3312 3m 1 3413 ._..? ?V .aB \\? l z ,n5? ?-? I? S 3n15 3600 3416 "a 3554 •ia i 4 1?•\` 3431 91 ?t^ 12M24 1224 +.•r..._ +wm1 9 ,\/ 3x31 h 326 > 3577 191 I G 3!31 7• 1 1 11 i t 1E ` t 3.32 1 w - 1 74 1 ri. c. 3433 1 4 3428 \ \ 3431 ?? 3569 BEGIN PROJECT BILTMORE 3430 1 „? V911G019 \\ ,wry` \ \ 3472 347s • tai i ' ? ?:c -0 NORTH CAROLINA DEPARTMENT W t ?- / ?a OF TRANSPORTATION ; DIVISION OF HIGHWAYS 3615 3619 3 74 $36-73 i PLANNING AND ENVIRONMENTAL 4.. BRANCH NC 191 FROM EAST OF 1-26 TO 1-40 ASHEVILLE BUNCOMBE COUNTY TIP PROJECT U-3601 FIGURE 1 Fecleru! .1 id ti Sr P (? (C?t) Tip # County CONCURRENCE FORM FOR ASSESSMENT OF EFFECTS On Z?'2• 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. 0 there are no effects on the National Register-eligible property/properties located within the proiect.'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 etfect. The property/properties and the effect(s) are listed on the reverse. •Q 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: Project Description: w 1 P'7V G [C( ( ?IZ?NI 1--,7 (P t 4'o K E V I L-Le Representative,.NCDOT Date 16 FHWA, for the Division Administrator, or other Federal Agency Date Representative, SHPO State is is reservation Officer a o to Feclerul A0 # 5TP ( `i C(-Lf) TIP # a -NoO l County: -?Q NC.OM e4E7 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. .V ,p ', N o /A Reason(s) why the effect is not adverse (if applicable). Initialed: NCDOT _ f ?l&'5 F:HWA <<:2 SHPO J«-yCJ ROBERTS STEVENS ATTORNEYS AT LAW JOHN S. STEVENS JAMES W. WILLIAMS CARL W. LOFTIN WALTER L. CURRIE JOHN W. MASON MARC RUOOW SHERYL H. WILLIAMS WILLIAM CLARKE VINCENT D. CHILDRESS. JR. MARJORIE ROWE MANN GREGORY D. HUTCHINS JACKSON 0. HAMILTON WYATT S. STEVENS SB&T BUILDING ONE WEST PACK SOUARE. STE. 1100 261901 POST OFFICE BOX 7647 ASHEVILLE, NORTH CAROLINA 26802 TELEPHONE 16261 252-6600 FACSIMILE 16291 256-6955 www.roberts-steveris.com MARK C. KUROYS JACOUELINE D. GRANT C MRISTOPNER Z. CAMPBELL ROBERT E. ALLEN DAVID L. ENGLISH PATSY ORISON MELDRUM CYNTHIA S. GRADY KENNETH R. HUNT OENNIS L. MARTIN. JR. PETER B. MCGUIRE OF COUNSEL LANDON ROBERTS FRANK P. GRAHAM Writer's Direct Dial Phone: 828-258{990 Writers Email,Address: jstevens@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 comment on my letter of November 14, 2002 and our meeting of October 10, 20-02. We have also received the revised map showing the reconfigured entrances and compared that to the map we all looked at during the October 10`h meeting. West Range is comfortable with the understanding and commitment in the last paragraph t `l,o T,rn+ -nna v? T.nwr letter onri f a tliirj full »wror r4nH ?n the var-C-A T'4RP of yniir 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 vear-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 .!? n. C .. for land taken ., - • . t Lrderst: ? nd •r» ha cons; red !at a later ut?, il.u?"Fw? vi aviilp?JU•*: on on a a w th.+.? .% de. _ ate. Sincerely yours, ROBERTS & STEVENS, P.A. John S. Stevens JSS/paj cc: George Pickering, II Steve Sawyer R&S:334724-1 r ¢' e 8r STATE OF NORTH CAROLINA ... ?,.. ,.rya .?.,....,. ?, DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRis TOLSON GOVERNOR SECRETARY June 8, 1998 MEMORANDUM TO: Ms. Cyndi Bell DWQ - DENR FROM: Lubin V. Prevatt, P. E., Assistant Manager Planning and Environmental Branch SUBJECT: Review of Scoping Sheets for Asheville, Widening of NC 191 (Brevard Road) to a multi-lane facility from I-26 to I-40, Buncombe County, State Project No. 8.184450 1, Federal Project No. STP-191(4), TIP No. U-3601 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 July 14, 1998 at 2:00 p.m. in the Planning and Environmental Branch Conference Room (Room 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 of our planning process. If there are any questions about the meeting or the scoping sheets, please call James Bridges, Project Planning Engineer, at 733-7844, Ext. 246. JB/plr Attachment ?? i K) / C? - yyCt4 363z 3x12 3a,6 ' ?B ®\ \ 1 $ 3556 7a \\ , a< ,ry?l as v C 13436 34 3631 1 \ \ 36]2 3675 = i CB . 61END PROJECT d ?3-I a ?/L n Ch / Ch. . 3437 X91 \ ---- -------- /• \? \------------ \ I \ \ 91 / I F?E'NCr? I I? ? -? I BILTMORE 3.29 , ?- J •24 ,• ?? BEGIN PROJECT / l Q OS- - Y ' 3924 - 3s ,a .05 6t 4 Id v 1 I \ oFNO "Qty NORTH CAROLINA DEPARTMENNT OF TRANSPORTATION DIVISION OF HIGHWAYS PLANNING AND ENVIRONMENTAL A `*? N BRANCH Asheville NC 191 (Brevard Rd.) from 1-26 to 1-40 Buncombe County F.A. Project No. STP-191(4) State Project No. 8.1844501 T.I.P. No. U-3601 o SCAU "us FIG.1 ATTENTION For all those planning to attend this meeting, please note that the Transportation building, along with the majority of the NCDOT buildings, has recently installed card access security systems. Due to the new security systems, all visitors will need to enter the building through the main entrance (Wilmington Street) where they will register with the Security Guard and receive a Visitor's Badge. This badge will need to be visibly worn at all times while in the building. Upon leaving the building, all visitors will be required to sign out with the Security Guard and return the badge. Thank you for your cooperation. If there are any questions regarding the new visitor's procedures, please contact the Security Section at (919) 715-2324, or James Bridges, Project Planning Engineer, at (919)733 7844, ext. 246. 0 A P 0 C? ° v r August 17, 1998 a 3 1998 MEMORANDUM TO: File ?p?ulypS GROUP TER QUALITY SECT! FROM: James Bridges 'o Project Planning Engineer Planning and Environmental Branch SUBJECT: Scoping Meeting Minutes for the widening of NC 191 (Brevard Road) from east of Interstate 26 to Interstate 40, Buncombe County, Federal Aid Project No. STP-191(4), State Project No. 8.1844501, TIP Project U-3601 On July 14, 1998 a scoping meeting was held on the above referenced project. The following attended the meeting: Debbie Bevin David Snyder Rob Allen Lanette Cook Ray McIntyre Betty C. Yancey Ron Allen Jim Speer Mark Freeman Vang Moua Gary Faulkner Brian Mayhew Wilson Stroud James Bridges State Historic Preservation Office Federal Highway Administration Photogrammetry Program Development Program Development Right of Way Branch Roadway Design Roadway Design Statewide Planning Traffic Control Traffic Engineering Traffic Engineering Planning and Environmental Planning and Environmental The findings and recommendations from this meeting and other scoping comments are outlined below: Three typical section alternatives were discussed during the scoping meeting. They are widening to a five lane section, a four lane section and a best fit alternative which is a combination of the two. The combination alternative would widen to a 5-lane section from I-40 to SR 3431(Pond Road). South of SR 3431 would be a four lane divided typical section. Also, this project is listed as an Incidental Bicycle Project in the 1998-2004 TIP. All alternatives discussed would include 14 ft. outside lanes to accommodate bicycle traffic. The Biltmore Estate (a property listed on the National Register) is adjacent to NC 191 on the east side for the entire project length. The exac-t'location of right of way limits and Biltmore Estate Property lines was not known at the meeting, but will be determined. The current historic boundary for the Biltmore is a written description that is not consistent with actual conditions. The description states that the boundary is along the east curb of NC 191, however, NC 191 does not have a curb. The existing right of way width varies from 85 ft. to 140 ft. along the project. 5 -Lane Section Based upon the above right of way width, a five lane section could probably be constructed within the existing right of way limit (additional construction easements may also be required). The Planning and Environmental Branch will request a right of way abstract for the project. Traffic Engineering stated that 5-lane sections typically experience problems when volumes reach 20,000 vpd. Traffic projections in the design year range from 19,200 vpd to 26,800 vpd. NCDOT contacted the owner of the Biltmore Estate and was informed that there were no plans to develop any of the Biltmore Estate property that adjoins NC 191 within the project limits. 4 -Lane Section The State Historic Preservation Office (SHPO) may prefer a four lane divided section over a five lane section even, though this typical section may require NCDOT to acquire right of way from the Biltmore Estate property. The four-lane section would be less likely to encourage strip development along NC 191, thus better maintaining the current setting for the Biltmore Estate property. Planning and Environmental will discuss the typical sections with SHPO. The Division Engineer does not foresee a problem with a divided section if it is grass median. However, if it is a landscaped median it should be maintained by the city of Asheville. Traffic Engineering also prefers a four lane divided section for this project. Roadway Design noted that jughandles will be needed if we go with the 4-lane divided section to allow for U-turns by trucks. Combination Alternative -- This alternative would provide a five lane section north of Pond Road where most of the development is along this project (farmers market, convenience store, church, post office, etc.). The five lane section in this area would help accommodate the turning movements and truck traffic in this area. Possible median crossover locations within the four lane section were briefly discussed and include the SR 3558 (Pine Lake Rd.), SR 3583, and SR 3427 Dogwood Rd. intersections. The Asheville Area MPO recommends sidewalks and bicycle lanes for this project. Across from the Inanda Church on the west side of NC 191 is a Postal Distribution Center. An earth berm was put in front of the postal building for security reasons. With a westside widening it should be possible to fit a five lane section between the Church and the postal building. The berm may need to be replaced with a retaining wall to maintain security. Also, the retaining wall in front of the church may need to be replaced. The Right of Way Branch will provide the name of a Postal Distribution Center contact person. Possibly widening the bridge (#171) over I-26 was also discussed. This widening would provide a second northbound through lane over the bridge. The bridge roadway width is 20.7 (68 ft.). Currently in the northbound direction there is one through lane and one left turn lane. In the southbound direction there are two through lanes. Two through lanes are needed in both directions. The bridge has sufficient width to accommodate five lanes and could be restriped to carry two northbound through lanes, two southbound through lanes, and a continuous two-way left turn lane. An additional northbound left turn lane possibly could be added just north of the bridge. The need for additional improvements at the ramp terminals will be evaluated. Statewide Planning will be providing additional traffic counts to include the I-26/NC 191 interchange in the next 6-8 weeks. Bicycle rails may be needed on the bridges over I-26 and I-40. The minimum height of a railing used to protect a bicyclist is 1,372 mm (54 in), measured from the top of the riding surface to the top of the rail. Planning and Environmental will discuss bicycle accommodations with the Office of Bicycle and Pedestrian Transportation. Across from the westbound I-40 exit ramp there is a secondary road (SR 3413) that has poor sight distance. There is a traffic signal at this location. The SR 3413 approach to the intersection is below the elevation of NC 191. Traffic Engineering will investigate this intersection to determine if there is an accident problem. Based on GIS, there are two additional historic properties in the project vicinity. SHPO will investigate these properties. It is possible that right of way acquired from Biltmore Estate, if required, could be handled as a programmatic 4F. Planning and Environmental will conduct a local officials meeting and a Citizens Informational Workshop around October or November 1998. Both typical sections will be shown at the workshop. Photogrammetry will be able to provide mapping (1:1000 ratio, 1 /2 m contour intervals) by March 1999. Contour mapping (1:1000 ratio) is available and will be used in preparing the preliminary design, which will be completed by July 1999. Roadway Design will request surveys for the project after the Citizens Informational Workshop. The Environmental Assessment for this project is scheduled to be completed in September 1998. The Finding of No Significant Impact (FONSI) is scheduled to be completed in May 2000. Any questions or comments regarding this project should be directed to me at 919-733-7844 Ext. 246 or e-mailed to JBRIDGES@MAIL.DOT.STATE.NC.US. jb cc: Meeting Attendees Other Scoping Participants