R-5763_CP3 and 4A Merger Summary_FINAL

Wilson Road Meeting Summary
STIP Project No. R-5763 Concurrence Point 3 and 4A Meeting
Wednesday, July 15, 2020, 1:00 p.m.
Virtual Meeting

Meeting Participants

Name Agency Email address Phone
Crystal Amschler USACE [e-mail] 828-271-7980
ext. 4231
Amanetta Somerville USEPA [e-mail] 404-562-9644
Renee Gledhill-Earley NC HPO [e-mail] 919-814-6579
Kevin Mitchell NCDWR [e-mail] 828-296-4650
Robert Patterson NCDWR [e-mail] 919-707-3880
Marla Chambers NCWRC [e-mail] 704-984-1070
Vicki Eastland Land of Sky RPO [e-mail] 828-251-7450
Elizabeth Toombs Cherokee Nation [e-mail]
Garrett Higdon NCDOT – Division 14 [e-mail] 828-586-2141
Barry Mosteller NCDOT – Division 14 [e-mail] 828-586-2141
Wanda Austin NCDOT – Division 14 [e-mail] 828-631-1142
Josh Deyton NCDOT – Division 14 [e-mail] 828-586-2141
Dave McHenry NCDOT – Division 14 [e-mail] 828-586-2141
Kevin Barnett NCDOT – Division 14 [e-mail] 828-586-2141
Mike Sanderson NCDOT – Environmental Policy Unit [e-mail] 919-707-6154
John Jamison NCDOT – Environmental Policy Unit [e-mail] 919-707-6140
Jon Moore NCDOT – Hydraulics [e-mail] 919-707-6738
Mark Staley NCDOT – REU [e-mail] 919-707-2948
Kat Bukowy HNTB [e-mail] 919-424-0441
James Byrd HNTB [e-mail] 919-424-0437
Roy Tellier HNTB [e-mail] 919-424-0428
Joe Olson HNTB [e-mail] 919-424-0480
Ken Gilland HNTB [e-mail] 919-424-0486
Jim Mason Three Oaks Engineers [e-mail] 919-732-1300
Nancy Oberle Three Oaks Engineers [e-mail] 919 732 1300

Meeting Summary
This meeting was held for Concurrence Points 3 (CP3) – Least Environmentally Damaging Practicable
Alternative (LEDPA) – and CP 4A – Avoidance and Minimization Measures. The US Army Corps of
Engineers, represented by Crystal Amschler, is the lead federal agency for the subject project. Garrett
Higdon, NCDOT Division 14, is the NCDOT Project Manager. Kat Bukowy, HNTB, led the presentation
and discussion. The following is a summary of the salient points of the meeting.
The PowerPoint presentation reviewed the project; purpose and need as agreed to at CP 1; detailed
study alternatives chosen at CP 2; and an update of the proposed bridge lengths of the bridges over the
French Broad River and Williamson Creek agreed to at CP 2A. The project alignment was also revised
following the CP 2A meeting. A 2D hydraulic analysis determined that the proposed design still
overtopped in the 50-year storm event and therefore the vertical alignment was increased. In addition,
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to improve constructability while maintaining access the alignment of Wilson Road was shifted to the
west just north of Elm Bend Road. The USACE and Cherokee Nation asked if any archaeological sites
would be affected by the alignment shift. HNTB confirmed that there are no known archaeological sites
in this area to be affected. The potential impacts of the Build Alternative to the natural and human
environment were reviewed.
HNTB presented the two alternatives for consideration of the Least Environmentally Damaging
Practicable Alternative (LEDPA), noting that the Build Alternative meets the purpose and need of the
project and is NCDOT’s Preferred Alternative. The USACE concurred with the recommendation of the
Build Alternative as the LEDPA followed by the other signatories.
HNTB moved to addressing the Avoidance and Minimization Measures, CP 4A. The avoidance and
minimization measures have been documented through the life of the project. New avoidance and
minimization measures predominantly center around commitments that NCDOT has made to minimize
impacts to the Appalachian elktoe during construction (404 and 401 CWA measure numbers 6, 7, 9-23).
To provide some amount of flexibility in contracting, measure #22 has been changed to the yellow
highlighted text from $1,000.
22. In the event that the Contractor’s operations are suspended in violation of the above
provisions or it is determined the Contractor is not deemed to be pursuing the work in a
continuous manner in accordance with his submitted and approved schedule, an
appropriate amount per day will be charged the Contractor for each and every calendar day
that such suspension takes place. The said amount is hereby agreed upon as liquidated
damaged due to extra engineering and maintenance costs and due to increased public
hazard resulting from a suspension of the work. Liquidated damages chargeable due to
suspension of the work will be additional to any liquidated damages that may become
chargeable due to failure to complete the work on time.
NCDWR, USACE, et al. asked if a commitment to 2:1 slopes at jurisdictional stream crossings could be
made. HNTB explained that each crossing would need to be reviewed individually. In some locations
these slopes would require additional guard rail, which may lead to safety conflicts. NCDOT agreed to
the following commitment:
24. NCDOT will investigate opportunities to use 2:1 slopes at jurisdictional stream crossings as
practicable.
This investigation will be presented and discussed at CP 4B.
With the aforementioned discussion and changes to the avoidance and minimization measures the
USACE stated their concurrence with the avoidance and minimization measures, followed by the other
Merger signatories.
HNTB will reach out to USFWS to determine if they will provide concurrence for CP 3 and CP 4A. HNTB
will send out the concurrence forms via DocuSign for signature.
STIP Project R-5763 Milestone Targets
Milestone Schedule*
Concurrence Point 3/4A July 15, 2020
Biological Assessment July 2020
Biological Opinion Fall 2020
State EA/FONSI Fall 2020
Concurrence Point 4B September 2020
Begin ROW Acquisition FY 2021
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STIP Project R-5763 Milestone Targets
Milestone Schedule*
Begin Construction FY 2023
*tentative, subject to change;