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HomeMy WebLinkAboutCharlotte Railroad (2)Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ENVIRONMENTAL ASSESSMENT FOR THE CSXT/NS MAINLINE GRADE SEPARATION PROJECT (TIP Project No. P -5002) MECKLENBURG COUNTY, NORTH CAROLINA Green Sheet Page 1 of 2 Commitments Developed Through Project Development and Design NCDOT T h e North Carolina Department of Transportation (NCDOT ) will take a proactive approach to implementing sediment and erosion control Best Management Practices (BMPs) throughout Project Development and Design. All sediment and erosion control BMPs will be implemented in accor dance with North Carolina Department of Environment and Natural Resources (NCDENR) Division of Water Quality’s Design Standards in Sensitive Watersheds 1 to reduce potential for nutrient runoff into Little Sugar Creek and Irwin Creek. Design plans will incorporate the treatment of stormwater runoff through the use of appropriate BMPs as defined in the most recent version of NCDENR Division of Water Quality’s Stormwater Best Management Practices (July 2007). The proposed Maxwell Court E xtension portion of the Project will directly impact soil identified as an asbestos contaminated area . The NCDOT will coordinate with the Mecklenburg County Health Department, the North Carolina Department of Health and Human Services, and the Environment al Protection Agency (EPA ) to determine the best course of action to minimize disturbance of the soil while constructing the Maxwell Court Extension. NCDOT will incorporate welded -rail into the Project 's design in an effort to reduce rail noise throughout the P roject corridor. In the area of Elmwood/Pinewood Cemetery that is adjacent to the CSX Transportation (CSXT) railroad , NCDOT will conduct a dditional investigations to determine the nature of the anomalies discovered by ground -pe netrating rada r (GPR) and how many of these are graves. NCDOT will conduct additional investigations to determine if there are burials along the fence line where the GPR survey could not access. NCDOT will also monitor the removal of the modern fence and other construction activities on the railroad side of the fence to determine if there are burial sites that have not yet been identified. If burial sites are identified along the fence line or areas to be disturbed by the P roject construction, NCDOT will follow applicable state and federal laws to reinter the remains. As a further mitigati on measure, a decorative fence, similar to the existing fence along West Ninth Str eet, and plantings will be installed along the edge of the trench between the cemetery and railroad once the trench is constructed . 1 15A NCAC 04B .0124 Design Standards In Sensitive Watersheds, http://ncrules.state.nc .us/ncac/title%2015a%20 - %20environment%20and%20natural%20resources/chapter%2004%20 - %20sedimentation%20control/subchapter%20b/15a%20ncac%2004b%20.0124.pdf Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ENVIRONMENTAL ASSESSMENT FOR THE CSXT/NS MAINLINE GRADE SEPARATION PROJECT (TIP Project No. P -5002) MECKLENBURG COUNTY, NORTH CAROLINA Green Sheet Page 2 of 2 Commitments Developed Through Project Development and Design For the Seaboard Street Historic District, NCDOT plans to demolish the Joh n B. Ross Bag Company Warehouse, the People's Ice and Coal Company Building and a small portion of the Interstate Mill through construction of the Project. NCDOT will undertake a survey to document the buildings , including historic research, develo p architectural plans, and conduct a photo archive of the buildings. For the S ou le Steel and Iron Works historic resource, NCDOT plans to demolish the piece of craneway equipment between the property fence and the CSXT mainline track. NCDOT will undertake a survey to document t he equipment, including historic research, and conduct a photo archive of the structure . For the Southern Asbestos Company Mills and the Seaboard Street Historic District, NCDOT will require the contractor to use construction methods and equipment that will minimize vibration and not damage historic buildings within the P roject area. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ES -1 EXECUTIVE SUMMARY The North Carolina Department of Transportation (NCDOT) Rail Division, in conjunction with the Federal Railroad Administration (FRA), proposes to undertake the CSX Transportation (CSXT )/N orfolk S outhern (NS) R ailroad Mainline Grade Separation Project (Project ) in the City of Charlotte, Mecklenburg County, North Carolina. The NCDOT State Transportation Improvement Program (TIP) number for this P roject is P -5002. The purpose of the Project is to grade separate the intersection of two major Class I railroads in Center City (Uptown) Charlotte in order to enhance safety, improve reliability, improve operations, increase operational capacity for commuter and passenger rail, and improve the qual ity of life for nearby businesses and residents . The grade separation will also help accommodate the projected doubling of freight rail volume in the area, which is independent of the implementation of this Project . The term “grade separation” simply mea ns to elevate one roadway/rail over the other by means of bridging. This P roject (P -5002) will facilitate and support future increased passenger rail service between Raleigh and Charlotte for the NCDOT Piedmont Improvement Program (PIP). The PIP provides the capacity along the Piedmont Corridor to facilitate the introduction of up to 12 daily (six round trip) passenger trains between Raleigh and Charlotte. The NCDOT Piedmont Corridor is part of the federally designated Southeast High Speed Rail (SEHSR) corridor connecting northeastern states and Washington, DC through Richmond, VA to Raleigh and Charlotte, NC and Atlanta, GA . In Atlanta, the SEHSR extends southeast to Savannah, GA and Jacksonville, FL; and the Gulf Coast High Speed Rail (GCHSR) corridor extends southwest to New Orleans, LA, Mobile, AL, and Houston, TX. NCDOT, the Virginia Department of Rail and Public Transportation (DRPT), the Federal Highway Administration (FHWA), and FRA completed a Tier I E nvironmental I mpact S tatement (EIS) and FRA and FHWA issued a Record of Decision (ROD) for the portion of the SEHSR corridor between Charlotte and Washington, DC in 2002 . This E nvironmental A ssessment (EA) for P -5002 is one of several Tier II , or project level, studies being progressed under the overarching Tier I EIS for the portion of the SEHSR corridor between Charlotte and Raleigh. The portion of the SEHSR between Richmond and Washington, DC will be studied by FRA and the Virginia DRPT in a Tier II EIS. FRA has awarded approximate ly $45 million to Virginia to fund this EIS , as well as preliminary engineering. The Tier II EIS process for the Raleigh to Richmond portion is currently in the FEIS development phase, and a ROD is anticipated in early 2014. The PIP consists of track cap acity and grade separation projects that must be completed in order to provide more frequent passenger rail service along the Piedmont Corridor between Raleigh and Charlotte . These projects comprise improvements to part of the SEHSR, and will also benefit the host railroads on the corridor, including NS, CSXT, and the North Carolina Railroad (NCRR). Th e Project is intended to remove the daily conflict between approximately 40 NS freight trains and 10 CSXT freight trains, as well as conflicts between passenger rail trains (both future and existing), CSXT /NS freight trains , and a new commuter rail service proposed by the Charlotte Area Transit System (CATS). The Project will address the following need elements: Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ES -2 1. Improve the safety, reliability, and eff iciency of NS freight trains; 2. Improve the safety, reliability, and efficiency of CSXT freight trains; 3. Enhance the safety of vehicles and pedestrians; 4. Provide for the safe operation of the planned future CATS commuter rail service ; 5. Provide for the safe oper ation of the existing and planned future passenger rail; 6. Improve interstate commerce; 7. Improve local air quality; and 8. Improve local quality of life and commerce . NCDOT Rail Division’s 2002 Feasibility Study for the Charlotte Multi -Modal Station and Area Track Improvements identified the grade separation of the at -grade intersection of the CSXT SF Line from the NS Mainline at NS MP 377 as an important step towards the improvement of transportation options in the Charlotte region. In the development of the 2002 Feasibility Study and subsequent concept planning done by NCDOT, NS, and CATS, the following grade separation alternatives were considered: 1. NS Mainline over CSXT SF Line 2. CSXT SF Line over NS Mainline 3. NS Mainline under CSXT SF Line 4. CSXT SF Line unde r NS Mainline 5. Freight Railroad Bypass 6. CSXT Trench Shift North 7. CSXT Tunnel In addition to these rail grade separation alternatives, options were considered for altering the Archer Daniels Midland (ADM ) Company flour mill , which is adjacent to the CSXT track. These alternatives were developed to minimize impacts to the ADM operations and to the Seaboard Street Historic District. The Build Alternative consists of the relocation of the CSXT SF Line into a trench to grade - separate the CSXT SF Line from the NS Mainline. The proposed CSXT trench will be constructed on the existing CSXT horizontal alignment were feasible, but the profile of the line will be revised to enable the CSXT SF Line to pass under the NS Mainline. The NS Mainline will remain in it s current position and will span the CSXT trench by means of a new 3 -track bridge. A t emporary mainline track will be constructed for CSXT to facilitate construction of the CSXT trench and the new NS Mainline bridge over the trench. Prior to construction of the trench, the P roject will shift NC Music Factory Boulevard (formerly Seaboard Street) to maintain a four -lane roadway from North Graham Street to Maxwell Court, and will construct the Maxwell Court Extension from 12th Street to Hamilton Street to accommodate vehicular and emergency access to businesses in the area. Modifications will be made to the ADM flour mill to allow the mill to continue operating during Project construction. This EA has been prepared in accordance with FRA’s Procedures for Considering Environmental Impacts (64 Fed. Reg. 28545). The level of environmental analysis summarized in this document is consistent with the expected magnitude of impact for the Project . The following table provides an outline of the anticipated enviro nmental consequences related to implementing the Build Alternative. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ES -3 Section of EA Summary of Impacts Proposed Mitigation 3.1.1 Air Quality No Impact. The results of the Applicability Analysis as part of the General Conformity process showed the Project to be below threshold and regionally insignificant. Not applicable. 3.1.2 Noise & Vibration Minor Impact. No increases in noise levels are anticipated as a result of the Build Alternative. The use of some construction equipment and techniques may cause vibration above FTA thresholds for older buildings, which might damage buildings closest to the Project. NCDOT will require the contractor to use equipment that will produce vibrations below FTA thresholds. For the ADM mill, NCDOT will conduct additional structural investigations and determine more precisely the construction techniques and equipment to be u sed. 3.1.3 Water Quality Minor Impact. The Build Alternative will not permanently impact water quality and will not cause a change in the Class C classification designated by NCDENR DWQ. However, the Build Alternative will encroach upon two Mecklenburg County 35 -foot post -construction Surface Water Improvement & Management (SWIM) buffers. Temporary impacts associated with construction stormwater and sedimentation may occur as part of construction activities. NCDOT will undertake BMPs in accordance with NCDENR DWQ's Design Standards in Sensitive Watersheds and Stormwater Best Management Practices. 3.1.4 Water Bodies & Waterways Minor Impact. The Build Alternative will result in permanent impacts to one intermittent tributary to Irwin Creek along the proposed Maxwell Court Extension. However, the project will increase the total linear feet of the tributary that is open. Temporary impacts a ssociated with construction stormwater and sedimentation may occur as part of construction activities. NCDOT will undertake BMPs in accordance with NCDENR DWQ's Design Standards in Sensitive Watersheds and Stormwater Best Management Practices. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ES -4 Section of EA Summary of Impacts Proposed Mitigation 3.1.5 Floodplains No Impact. The Build Alternative will not permanently impact the 100 - year floodplain of Little Sugar Creek or the 100 -year floodplain of Irwin Creek. Not Applicable. 3.1.6 Wetlands No Impact. There are no wetlands within the Project area. Therefore, the Project will not have permanent, temporary, secondary, or cumulative wetland impacts . Not Applicable. 3.1.7 Coastal Zones No Impact. This Project is located in Mecklenburg County, which is not one of North Carolina’s 20 coastal zone counties. Not Applicable. 3.1.8 Farmland No Impact. The areas adjacent to the Project area are developed and urban in nature. No land exhibiting the criteria of farmland is present within or adjacent to the Project area. Not Applicable. 3.2.1 Ecologically Sensitive Areas No Impact. A survey of the Project area found no ecologically sensitive areas, wildlife habitat, or designated critical habitat areas. Not Applicable. 3.2.2 Threatened & Endangered Species No Impact. Field surveys found no evidence of federal or state -listed threatened and endangered species within the Project area . Not Applicable. 3.3.1 Transportation Minor Impact. The Build Alternative will have a positive impact on freight and rail transportation by eliminating the need for CSXT trains to waiting for NS clearance to proceed. The Build Alternative will permanently eliminate two public and two private roadway/rail at -grade crossings to vehicular traffic but will ensure alternate access. Some off -street parking areas will be relocated. See proposed mitigation under Section 3.4.2. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ES -5 Section of EA Summary of Impacts Proposed Mitigation 3.3.2 Land Use, Zoning, & Property Acquisition Minor Impact. The Build Alternative will not have a significant impact on land use or zoning as it will be consistent with existing land use plans and local planning documents. The Build Alternative will require the total take of four parcels , plus construction and ra ilroad easements . The County's vehicle maintenance garage and the county surface parking area will be relocated . Truck p arking for the ADM mill will be relocated. Not Applicable. 3.3.3 Environmental Justice & Community Disruption No Impact. No disproportionately high or adverse effects to the identified low -income or minority populations are anticipated. The Build Alternative will not result in the disruption or segmentation of existing communities. The Project will have an overall posit ive effect on the adjacent communities, with a reduction in train horn noise and train exhaust emissions from trains waiting to cross the railroad intersection. Not Applicable. 3.3.4 Safety & Security Minor Impact. The trench represents a potential safety risk. NCDOT will incorporate s afety and security countermeasures (i.e. security fencing, safety niches, lighting, and emergency exit stairways) into the Build Alternative. 3.3.5 Hazardous Materials Inventory Minor Impact. 20 potential hazardous material sites were identified within the Project study area. The right -of -way for the proposed Maxwell Court Extension includes soil that has been identified by Mecklenburg County as containing asbestos, likely from th e adjacent Southern Asbestos Company Mills. NCDOT will undertake a more detailed study of the sites identified in the inventory prior to acquisition of right -of -way or construction. For Maxwell Court Extension, NCDOT will work with EPA, Mecklenburg County and NCDENR and develop a plan to mitigate and/or remove the material s . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ES -6 Section of EA Summary of Impacts Proposed Mitigation 3.3.6 Cultural Resources Adverse Effect. The Build Alternative will have an adverse effect on Elmwood/Pinewood Cemetery through removal of the existing fence and vegetation adjacent to the CSXT railroad , which may require moving unmarked burials. The Build Alternative will have an adverse effect on the Soule Steel and Iron Works by requiring removal of a piece of craneway equipment from the railroad right -of -way. The Build Alternative will also have an adverse effect on the Seaboard Street Historic District, by requiring full or partial demoliti on of structures. NCDOT will enter into a Memorandum of Agreement with FRA and SHPO to document efforts to minimize and mitigate the effects of the Project on historic resources. Elmwood/Pinewood Cemetery : NCDOT will monitor construction activities to de termine if there burial sites that have not yet been identified. If burial sites are identified in areas to be disturbed by the Project construction, NCDOT will follow applicable state and federal laws to reinter the remains. NCDOT will install a decora tive fence, and plantings will be installed along the edge of the trench between the cemetery and railroad once the trench is completed. Seaboard Street Historic District & Soule Steel and Iron Works : For the structures that will be demolished through construction of the trench , contractor staging/laydown area, and partial relocation of ADM facilities, NCDOT will undertake a survey to document the buildings, including historic research, developing architectural plans, an d conducting a photo archive of the buildings or equipment . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ES -7 Section of EA Summary of Impacts Proposed Mitigation Section 4(f) Resources (chapter 5) Uses . For Elmwood/Pinewood Cemetery, t he Build Alternative will cause removal of the existing fence and vegetation adjacent to the CSXT railroad , which may require moving unmarked burials. The Build Alternative will require removal of a piece of craneway equipment from the railroad right -of - way at the Soule Steel and Iron Works. In the Seaboard Street Historic District, the Project will require full or partial demolition of structures. NCDOT will enter into a Memorandum of Agreement with FRA and SHPO to document efforts to minimize and mitigate the effects of the Project on Section 4(f) resources , as described above under Cultural Resources. 3.3.7 Section 6(f) Resources No Impact. There are no Section 6(f) resources in the Project area. Not Applicable. 3.4.1 Temporary Rail Impacts Minor Impact . Rail service will continue during construction on both the CSXT and NS mainlines. CSXT rail storage capacity will be temporarily reduced with the removal of the CSXT Tryon Yard. NCDOT will coordinate with CSXT and NS to ensure that temporary impacts to both railroads are minimized. 3.4.2 Temporary Transportation Impacts Minor Impact. NC Music Factory Boulevard will be shifted to allow construction of a temporary CSXT track , and will be reduced to two travel lanes between Maxwell Court and Hamilton Street during construction . On -street parking al ong NC Music Factory Boulevard will be temporarily eliminated. Some CATS bus routes will be temporarily re -routed during construction. NCDOT will participate with the City of Charlotte in construction of Maxwell Court Extension to ensure access to NC Music Factory. NCDOT will coordinate with the City of Charlotte and CATS to minimize impacts. 3.4.3 Temporary Business Impacts Minor I mpact . Access to area businesses such as the NC Music Factory and ADM mill will be maintained. Businesses on North Church Street will have other roadway improvements completed to mitigate the closure of the Church Street roadway/rail at -grade crossing . N CDOT will construct a temporary flour and bulk load -out facility for ADM to maintain operations. NCDOT will coordinate with ADM, NS and CSXT to maintain mill operations during Project construction. Where feasible, NCDOT will construct area street improvements as an early phase to maintain business access. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ES -8 Section of EA Summary of Impacts Proposed Mitigation 3.4.4 Solid Waste Disposal No Impact. Solid waste resulting from construction will be disposed of in accordance with State and local requirements throughout the duration of construction. Not Applicable. 3.4.5 Use of Energy Resources No Impact. During construction, there will be an inc rease in energy usage due to construction related activities. However, upon the completion of construction, the project will facilitate more efficient operations for trains and an elimination of automobile idling due to stopped trains, resulting in lower energy usage . Not Applicable. 3.4.6 Use of Other Natural Resources No Impact . The use of other natural resources will be minimal during construction . Efforts will be made during construction to minimize adverse impacts to natural resources both onsite and adjacent to the construction boundary. Not Applicable. 3.5 Aesthetic and Design Quality Impacts Minor Impact. Temporary visual impacts attributed to construction activities will occur. Views of heavy equipment and material stockpiles will be commonplace throughout the duration of construction. Visual changes will occur in around Elmwood/Pinewood Cemetery, NC Music Factory, and residential areas adjacent to the railroad corridor. Where feasible, NCDOT will install a visual barrier between the temporary CSXT SF Line and NC Music Factory Boulevard. NCDOT will install a decorative fence and landscaping separating the CSXT railroad and Elmwood/Pinewood Cemetery. NCDOT also will install landscaping east of the proposed ADM west tracks to visually screen the tracks from residences along Smith Street. Where needed, NCDOT will replace existing vegetation screening between the railroad and residences located along North Brevard and Caldwell Streets. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ES -9 Section of EA Summary of Impacts Proposed Mitigation 3.6 Possible Barriers to Elderly and Handicapped No Impact. Construction of the Project is not anticipated to result in barriers to the elderly and handicapped populations. Access to area resources such as the NC Music Factory will be maintained at all times during and following construction. The Project will in clude replacing the Johnson Street roadway/rail at -grade crossing with a pedestrian bridge over the CSXT trench to allow pedestrian access between NC Music Factory Boulevard and the entrances to the Cemetery. Not Applicable. 3.7 Public Health No Impact . No impacts to public health are anticipated as a result of the Build Alternative. Air Quality assessment show the Project to be below air quality thresholds, and the Project is not expected to have major impacts to hazardous materials, wetlands, area s treams or waterways. Not Applicable. 3.8 Public Safety Minor Impact. The Build Alternative will improve overall public safety through the elimination of four roadway/rail at -grade crossings, and through the elimination of the CSXT/NS railroad at -grade intersection. Particular attention will be given to the maintenance of p ublic safety for the duration of construction. The Project will include security fencing to minimize trespassing onto railroad right -of -way, and security fencing along both sides of the CSXT trench. Public access to the construction site will be limited through the use of temporary fencing, warning signs, or other safety precautions. 3.9 Recreational Opportunities No Impact. Construction of the proposed CSXT trench is not anticipated to impact recreational opportunities in and around the Project stud y area. The Project will not permanently alter access to local recreational resources such as the NC Music Factory . No parks or public recreation lands are located within or directly adjacent to the Project study area. Access to Elmwood/Pinewood Cemeter y will be maintained. Not Applicable. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ES -10 Section of EA Summary of Impacts Proposed Mitigation 3.10 Secondary & Cumulative Impacts Minor Impact. The improved freight service may make Charlotte more attractive to rail dependent industries. This may also increase economic activity resulting from the addition of industries relocating to Charlotte to benefit from the improved freight access. The Build Alternative will also result in the demolitio n of some warehousing adjacent to the trench along Johnson Street. A secondary impact may be that these parcels will likely be redeveloped into non - warehousing uses. The Build Alternative will have little encroachment -alternation effects, since it is with in an active railroad corridor. Not Applicable. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project i TABLE OF CONTENTS CHAPTER 1.0 - PURPOSE & NEED ......................................................................................... 1 1.1 INTRODUCTION .................................................................................................................. 1 1.2 DECISION TO BE M ADE .................................................................................................... 2 1.3 PROJECT HISTORY ........................................................................................................... 2 1.4 PROJECT AR EA ................................................................................................................. 3 1.5 PURPOSE STATEMEN T ..................................................................................................... 3 1.6 PROJECT NEED ELE MENTS ............................................................................................. 3 1.7 LOGICAL TERMINI/PROJECT LIMITS ............................................................................... 5 1.8 INDEPENDENT UTIL ITY ..................................................................................................... 5 CHAPTER 2.0 - ALT ERNATIVES ............................................................................................. 7 2.1 NO -BUILD ALTERNATIVE .................................................................................................. 7 2.2 IDENTIFICATION O F THE BUILD ALTERNAT IVE ............................................................. 7 2.2.1 Grade Separation Alternatives Considered .................................................................................. 7 2.2.2 CSXT Trench Alternatives Considered ......................................................................................... 8 2.3 DESCRIPTION OF S ELECTED BUILD ALTERN ATIVE ..................................................... 9 2.3.1 Temporary CSXT SF Line .......................................................................................................... 10 2.3.2 Modifications Prior to Trench Construction ................................................................................. 11 2.3.3 Bridges over the CSXT Trench ................................................................................................... 11 2.3.4 Temporary Relocation of ADM Mill Operations and Construction of ADM siding tracks ............ 12 2.3.5 Trench Construction ................................................................................................................... 14 2.3.6 NS Track Layout ......................................................................................................................... 15 2.3.7 CSXT/NS Interchange Track ...................................................................................................... 16 2.3.8 Capital Costs ............................................................................................................................... 16 CHAPTER 3.0 - AFFECTED ENVIRONMENT & ENVIRONMENTAL CONS EQUENCES .......17 3.1 PHYSICAL ENVIRON MENT ...............................................................................................17 3.1.1 Air Quality ................................................................................................................................... 17 3.1.2 Noise & Vibration ........................................................................................................................ 18 3.1.3 Water Quality .............................................................................................................................. 19 3.1.4 Water Bodies & Waterways ........................................................................................................ 20 3.1.5 Floodplains .................................................................................................................................. 21 3.1.6 Wetlands ..................................................................................................................................... 22 3.1.7 Coastal Zone s ............................................................................................................................. 22 3.1.8 Farmland ..................................................................................................................................... 22 3.2 BIOLOGICAL ENV IRONMENT ..........................................................................................23 3.2.1 Ecologically Sensitive Areas ....................................................................................................... 23 3.2.2 Threatened & Endangered Species ........................................................................................... 23 3.3 HUMAN ENVIRONMEN T ...................................................................................................24 3.3.1 Transportation ............................................................................................................................. 24 3.3.2 Land Use, Zoning, & Property Acquisition .................................................................................. 27 3.3.3 Environmental Justice & Community Disruption ......................................................................... 29 3.3.4 Safety & Security ........................................................................................................................ 31 3.3.5 Hazardous Materials Inventory ................................................................................................... 31 3.3.6 Cultural Resources ..................................................................................................................... 32 3.3.7 Se ction 6(f) Resources ............................................................................................................... 40 3.4 CONSTRUCTION IMP ACTS ..............................................................................................40 3.4.1 Temporary Rail Impacts .............................................................................................................. 40 3.4.2 Temporary Transportation Impacts ............................................................................................. 40 3.4.3 Temporary Business Operations ................................................................................................ 41 3.4.4 Solid Waste Disposal .................................................................................................................. 41 Environmental Assessment for the CSXT/NS Mainline Grade Separation Project ii 3.4.5 Use of Energy Resources ........................................................................................................... 41 3.4.6 Use of Other Natural Resources ................................................................................................. 41 3.5 AESTHETIC AND DE SIGN QUALITY IMPACTS ...............................................................42 3.6 POSSIBLE BARRIER S TO THE ELDERLY AND HANDICAPPED ....................................42 3.7 PUBLIC HEALTH ...............................................................................................................42 3.8 PUBLIC SAF ETY ................................................................................................................43 3.9 RECREATIONAL OPP ORTUNITIES ..................................................................................43 3.10 SECONDARY & CUM ULATIVE IMPACTS .......................................................................43 3.11 SUMMARY OF ENVIRONME NTAL CONSEQUENCES FO R THE BUILD ALTERNAT IVE .......45 CHAPTER 4.0 - COORDINATION & CONSU LTATION ...........................................................53 4.1 AGENCY COORDINAT ION ................................................................................................53 4.2 PUBLIC INVOLVEME NT ....................................................................................................54 CHAPTER 5.0 - SECTION 4(F) EVALUAT ION ........................................................................55 5.1 PURPOSE OF SECTI ON 4(F) EVALUATION ....................................................................55 5.2 APPLICABILITY OF SECTION 106 AND OF S ECTION 4(F) TO THE P ROJECT .............56 5.2.1 Section 106 Applicability ............................................................................................................. 56 5.2.2 Section 4(f) Applicability ............................................................................................................. 56 5.3 DESCRIPTION OF S ECTION 4(F) RESOURCE S ..............................................................57 5.4 DESCRIPTION OF A LTERNATIVES CONSIDER ED .........................................................59 5.4.1 No -Build Alternative .................................................................................................................... 60 5.4.2 CSXT Over NS or NS Over CSXT Alternatives .......................................................................... 60 5.4.3 NS Under CSXT Alternative ....................................................................................................... 61 5.4.4 Freight Railroad Bypass Alternative (Avoidance Alternative) ..................................................... 62 5.4.5 CSXT Track/Trench Shift Alternative .......................................................................................... 63 5.4.6 CSXT Tunnel Alternative ............................................................................................................ 63 5.4.7 Relocation of ADM Flour Mill Alternatives .................................................................................. 64 5.5 DESCRIPTION OF I MPACTS TO 4(F) RESOU RCES ........................................................66 5.5.1 Elmwood/Pinewood Cemetery .................................................................................................... 66 5.5.2 Seaboard Street Historic District ................................................................................................. 68 5.5.3 Soule Steel and Iron Works ........................................................................................................ 72 5.6 CONCLUSION ....................................................................................................................73 5.7 PUBLIC AND AGENC Y COORDINATION .........................................................................74 CHAPTER 6.0 - LIST OF PREPARERS ...................................................................................77 CHAPTER 7.0 - REFERENCES ...............................................................................................79 Environmental Assessment for the CSXT/NS Mainline Grade Separation Project iii LIST OF APPENDICES APPENDIX A - Project Mapping APPENDIX B - Conceptual Plan Sheets APPENDIX C - Air Quality , Noise, & Vibration APPENDIX D - Agency Coordination APPENDIX E - Threatened & Endangered Species APPENDIX F - Public Involvement APPENDIX G - Cultural Resources APPENDIX H - Hazardous Materials Environmental Assessment for the CSXT/NS Mainline Grade Separation Project iv This page left intentionally blank. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 1 CHAPTER 1.0 - PURPOSE & NEED 1.1 INTRODUCTION The North Carolina Department of Transportation (NCDOT) Rail Division, in conjunction with the Federal Railroad Administration (FRA), is proposing to undertake the CSXT Transportation (CSX T )/N orfolk S outhern (NS) R ailroad Mainline Grade Separation Project (Project ) in the City of Charlotte, Mecklenburg County, North Carolina. The NCDOT State Transportation Improvement Program (TIP) number for this P roject is P -5002. The purpose of the Project is to grade separate the intersection of two major Class I railroads in Center City (Uptown) Charlotte in order to enhance safety, impro ve reliability, improve operations, increase operational capacity for commuter and passenger rail, and improve the quality of life for nearby businesses and residents . The grade separation will also help accommodate the projected doubling of freight rail volume in the area, which is independent of the implementation of this Project . The term “grade separation” simply means to elevate one roadway/rail over the other by means of bridging. This P roject (P -5002) will facilitate and support future increased passenger rail service between Raleigh and Charlotte for the NCDOT Piedmont Improvement Program (PIP). The PIP provides the capacity along the Piedmont Corridor to facilitate the introduction of up to 12 daily (six round trip) passenger trains between Raleigh and Charlotte. The NCDOT Piedmont Corridor is part of the federally designated Southeast High Speed Rail (SEHSR) corridor connecting the northeastern states and Washington, DC through Richmond, VA to Rale igh and Charlotte, NC to Atlanta, GA. In Atlanta, the SEHSR extends southeast to Savannah, GA and Jacksonville, FL; and the Gulf Coast High Speed Rail (GCHSR) corridor extends southwest to New Orleans, LA, Mobile, AL, and Houston, TX. NCDOT, the Virginia Department of Rail and Public Transportation (DRPT), the Federal Highway Administration (FHWA) and FRA completed a Tier I E nvironmental I mpact S tatement (EIS) and FRA and FHWA issued a Record of Decision (ROD) for the portion of the SEHSR corridor between Charlotte and Washington, DC in 2002 . This E nvironmental A ssessment (EA) for P -5002 is one of several Tier II , or project level, studies being progressed under the overarching Tier I EIS for the portion of the SEHSR corridor between Charlotte and Raleigh. The portion of the SEHSR between Richmond and Washington, DC will be studied by FRA and the Virginia DRPT in a Tier II EIS. FRA a warded approximately $45 million to Virginia to fund this EIS , as well as preliminary engineering. The Tier II EIS process for the Raleigh to Richmond portion is currently in the F inal EIS (FEIS) development phase, and a ROD is anticipated in early 2014. The PIP consists of track capacity and roadway/rail grade separation projects that must be comple ted in order to provide more frequent passenger rail service along the Piedmont Corridor between Raleigh and Charlotte . These projects comprise improvements along part of the SEHSR, and will also benefit the host railroads on the corridor, including NS, C SXT, and the North Carolina Railroad (NCRR). Th e Project is intended to remove the daily conflict between approximately 40 NS freight trains and 10 CSXT freight trains, as well as conflicts between passenger rail trains (both future and existing), NS/CSXT freight trains , and a new commuter rail service proposed by the Charlotte Area Transit System (CATS). The Project will enhance safety by permanently eliminating or grade separat ing four existing roadway/rail at -grade crossings and grade separat ing one diamond rail/rail at -grade intersection . The Project will also eliminate traffic delays created Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 2 when CSXT freight trains block nearby roadway/rail at -grade crossings for long periods, while awaiting for dispatch priority from NS, and with reduced del ays, will eliminate portions of the idling engine noise that impacts nearby residences and businesses. The Project will also enhance the environment, through reduced emissions and fuel consumption, by eliminating idling trains and idling vehicles. Noise in the area will also be reduced by the elimination of train wheels impacting the diamond crossing at the CSXT/NS at -grade intersection . 1.2 DECISION TO BE M ADE As proponents of an action supported by federal funds, the NCDOT Rail Division and the FRA must comply with the National Environmental Policy Act of 1969 (NEPA). NEPA requires federal agencies to consider the impacts of their actions on the natural, social, economic, and cultural environment and to disclose those considerations in a public docu ment. The NEPA process is intended to help public officials make decisions based on an understanding of the environmental consequences and take actions that protect, restore, and enhance the environment.2 The purpose of this EA is to provide the FRA and the public with a full accounting of the environmental impacts of the alternatives developed to meet the purpose and need. Th is EA serves as the primary document to facilitate review of the Project by federal, state, and local agencies and the public. Th e EA process concludes with either a Finding of No Significant Impact (FONSI) or a determination to proceed to the preparation of an Environmental Impact Statement (EIS). The FONSI is a document that presents the reasons why the federal agency has conclud ed that there are no sig nificant environmental impacts associated with the completion of the Project and identifies any necessary mitigation measures to ensure that there will be no significant impacts to protected environmental resources . 1.3 PROJECT HIS TORY The City of Charlotte has a long history of rail service for both passenger rail and freight rail . The popularity in passenger rail surged in the Charlotte region in 1990 when the NCDOT began funding daily round trip service between Charlotte and Ne w York on Amtrak’s Carolinian . In the next 21 years (1990 -20 10 ), Charlotte's passenger rail ridership grew by 430 percent (1990: 36,547; 2010: 158,583), thereby placing a strain on the existing rail system already burdened by increasing freight rail traffic that was diverted to rail due to congested roadways. In 2002 , the NCDOT Rail Division completed the Feasibility Study for the Charlotte Multi -Modal Station and Area Track Improvements 3 . The purpose of the study was to investigate the opti ons for developing a multi -modal transportation system in the Charlotte region that will have a positive and lasting impact on the State of North Carolina. The 2002 feasibility study is a “master plan” for rail improvements in the region and part of the s tudy was focused on area track and roadway -rail crossing safety improvements. One of the primary track improvement projects that was identified and discussed in the feasibility study was the grade separation of the intersection of the CSXT SF Line and NS Mainline tracks at NS M ile P ost (MP) 377. 2 40 CFR 1500.1 3 NC Department of Transportation, Rail Division. Feasibility Study for the Charlotte Multi -Modal Station and Area Track Improvements. May 2002. http://www.bytrain.org/istation/icharlotte.html Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 3 The Charlotte area is also implementing a light rail and commuter rail plan. The elimination of the existing diamond and grade separating the tracks will also facilitate future extension of Charlotte’s commuter r ail system, CATS , on the NS O Line to the north as ridership demand warrants. 1.4 PROJECT AREA The Project is located in the City of Charlotte, Mecklenburg County, North Carolina. The P roject area can generally be characterized as an urbanized railroad corridor. Land use adjacent to the railroad corridor is comprised of a mixture of land uses including industrial, commercial, cemetery, multi -family, and vacant/wooded lots. A project lo cation map (Figure 2 ) and a project study area map (Figure 3 ) are included in Appendix A. 1.5 PURPOSE STATEMEN T The Project will grade separate the CSXT SF Line and NS Mainline track s at MP 377. The Project will address the following need elements: 1. Improve the safety, reliability, and efficiency of NS freight trains; 2. Improve the safety, reliability, and efficiency of CSXT freight trains; 3. Enhance the safety of vehicles and pedestrians; 4. Provide for the safe operation of the planned CATS future commuter rail service ; 5. Provide for the safe operation of the existing and planned future passenger rail; 6. Improve interstate commerce; 7. Improve local air quality; and 8. Improve local quality of life and commerce. Additional detail on these project need elements is pr ovided in the following section . 1.6 PROJECT NEED ELE MENTS 1. Improve the safety, reliability, and efficiency of NS freight trains - NS controls the existing rail/rail at -grade intersection and has approximately 40 trains per day that cross this rail/rail diamond intersection (See Photo 1). Some of these trains transport hazardous materials. Although NS freight trains are rarely delayed by the CSXT freight trains (since NS controls dispatc h of the at -grade intersection ) any type of incident on the CSXT tracks at the existing at -grade intersection would seriously delay NS Mainline traffic between the Northeast and Atlanta. In addition, eliminating the existing at - grade intersection will rem ove the costs currently incurred by NS to manage and maintain the existing at -grade intersection and will eliminate the potential for train/train collisions. 2. Improve the safety, reliability, and efficiency of CSXT freight trains - Currently CSXT has appro ximately 10 freight trains per day that travel over the existing at -grade intersection . The Project will not only eliminate the long delays for CSXT that occur on a daily basis, but it will also eliminate many of the traffic delays for the surrounding res idents, commuters and businesses that occur whenever CSXT freight trains block roadway /rail at -grade crossings for extended periods. The reduction in delays will have secondary benefit s, including a Photo 1: Existing CSXT/NS diamond intersection Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 4 reduction in fuel consumption caused by idling vehicles , as well as a reduction in the noise caused by trains idling for extended periods of time in one location . Grade separating the CSXT and NS tracks will also allow CSXT to increase their operating speeds from 1 5 mph to 35 mph for a single mainline track in the trench , which will improve the efficiency of CSX’s rail operations . 3. Enhance the safety of vehicles and pedestrians - The Project will eliminate or grade separate four existing at -grade roadway/rail crossings along the CSXT SF Line , thereby improving safety for vehicles and pedestrians by reducing the potential for train and vehicle/pedestrian collisions. 4. Provide for the safe operation of the planned future commuter rail - At the time this document was prepared, CATS had developed a plan to provide commuter rail service from Mooresville to Center City Charlotte , as part of the CATS 2030 Transit Corridor System Plan .4 This plan, referred to as the CATS North Corridor Commuter Rail, will utilize the existing NS O Line , loc ated to the west of the existing CSXT/NS diamond (the O Line is currently not in service at this location). Since the O Line also crosses the CSXT tracks, the Project will also separate the future commuter rail from the CSXT tracks and remove the potentia l for train/train conflicts between CATS and CSXT freight trains. 5. Provide for the safe operation of the existing and future passenger rail - Currently, two Amtrak passenger trains (Crescent trains #19 and #20) pass through the existing CSXT/NS rail/rail at -grade intersection on a daily basis. NCDOT and the City of Charlotte have proposed (as part of a separate joint CATS/NCDOT project 5 ) to relocate the existing Amtrak station approximately 0.64 miles south of the proposed grade separation Project. T his station relocation will result in an additional six Amtrak passenger trains (Piedmont trains #73 , #74 , #75 and #76 and Carolinian trains #79 and #80) that will need to pass through the existing at -grade intersection . The PIP includes near -term and long -term plans to enhance passenger rail service between Charlotte and Raleigh, which will result in additional passenger trains traveling through the existing CSXT/NS rail/rail at -grade intersection . The Project will grade separate the existing CSXT/NS at -grade intersection and reduce the potential for passenger train and freight train conflicts. 6. Improve interstate commerce - The Project is vital for the growing port -to -market intermodal shipping that is increasing across the U.S. The Port of Wilmingto n to Charlotte corridor has been identified in CSX’s National Gateway initiative as integral to improv ing efficiency for freight rail between mid -Atlantic ports and Midwest markets. NS has included Charlotte as part of the NS I -81 Crescent Corridor to inc rease capacity from Louisiana to New Jersey. Both CSXT and NS have also already received Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA -LU) Section 1306 funds to expand intermodal capacity at their respective intermodal yards in Charlotte. As this intermodal traffic grows, the grade separation will be needed to make certain this increased interstate traffic does not encounter a bottleneck in downtown Charlotte. 7. Improve local air quality - The Project will eliminate the idling of CSXT locomotives waiting for clearance of the CSXT/NS at -grade intersection and will eliminate the subsequent 4 CATS 2030 Transit Corridor System Plan. Adopted November 15, 2006. http://charmeck.org/city/charlotte/cats/planning/2030Plan/Pages/default.aspx 5 Environmental Assessment - Charlotte Gateway Station. April 2009. http://charmeck.org/city/charlotte/cats/planning/facilities/gatewaystation/Pages/Projectfacts.aspx Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 5 vehicular traffic delays caused by CSXT freight train s blocking the adjacent at -grade roadway/rail crossings. Eliminatin g the idling trains and idling vehicles will reduce emissions, thereby improving air quality for the businesses and residences surrounding the existing CSXT/NS at -grade intersection . 8. Improve the local quality of life and area commerce - The Project will r educe area noise by eliminating the need for CSXT freight train s to blow their horns within the P roject area (due to grade separation), by eliminating the idling engine noise created when CSXT freight train s await clearance from NS to access the existing at -grade intersection , and by eliminating the “banging” noise caused by trains traveling through the existing diamond rail interchange. The grade separation will also eliminate the ensuing traffic congestion caused by trains blocking various roadway -rail at -grade crossings while wait ing for clearance. The Project will also include construction of a new street to allow access to area businesses during construction, and will include bridges over the CSXT line to accommodate vehicular and pedestrian access i n the area. As this area of Center City Charlotte continues to grow, eliminating and mitigating the negative impacts from the adjacent rail operations will be critical. 1.7 LOGICAL TERMINI /PROJECT LIMITS Construction of the Project will be complex sin ce the CSXT and NS tracks are active railroads and cannot be shut down for long periods of time; the P roject area is highly urbanized and completely developed; and the Brookshire Freeway (I -277) runs overhead at the proposed location of the grade separation. Construction will be completed in multiple stages , and will include a temporary run -around track for CSXT . Finally, a rea street improvements will be completed to ensure access for business es and residents. Taking into account the area required to construct the Project and the area needed to assess environmental impacts, the Project limits have been defined as: 1. Eastern Terminus - Crossing of existing CSXT tracks and North Davidson Street 2. Western Terminus – The CSXT railroad bridge over I -77 3. Northern Terminus – 2 ,00 0 feet north of crossing of existing NS tracks and North Graham Street 4. Southern Terminus - Crossing of existing NS tracks and West Sixth Street 5. Proposed street improvements on Maxwell Court Extension between NC Music Factory Boulevard (formerly Seaboard Street) and Hamilton Street; on NC Music Factory Boulevard from Hamilton Street to North Graham Street ; and on North Church Street between Wadswor th Place and West 11th Street A map showing the Project study area is included in Figure 3 (Appendix A). 1.8 INDEPENDENT UTIL ITY The Project was identified and studied as part of the NCDOT Rail Division’s 2002 Feasibility Study for the Charlotte Multi -Modal Station and Area Track Improvements .6 6 See above at 3. The study investigated the options for developing a multi -modal transportation system for the Charlotte region that will have a positive and lasting impact on the State of North Carolina . One of the outcomes of the report was the creation of the Charlotte Rail Improvement and Safety Program Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 6 (CRISP). The Project is one of the component projects included in CRISP. A copy of the CRISP project map is included in Appendix A (Figure 1). The Project is also part of the proposed federally designated SEHSR corridor. In accordance with NEPA guidelines, a project must have independent utility. i.e., be usable and be a reasonable expenditure even if no additional transportation improvements in t he area are made . Even though the Project is part of CRISP , PIP and SEHSR , completion of the Project will result in significant identifiable benefits regardless of whether the CRISP and SEHSR projects are completed and the Project does not depend on any o ther project (current or future) to meet the established P roject purpose and need. In addition, the Project will not be segmented into interdependent parts . Therefore, independent utility is established. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 7 CHAPTER 2.0 - ALTERNATIVES The NCDOT Rail Division evaluated alternatives to meet the P roject’s purpose and need. This evaluation included the No -Build Alternative (a requirement of the National Environmental Policy Act (NEPA) that provides a baseline for comparison with any other alternative), v arious alternatives that NCDOT determined were not feasible or prudent, and one Build Alternative. 2.1 NO -BUILD ALTERNATIVE As noted above, t he No -Build Alternative was considered . The No -Build alternative would not grade separate the CSXT and NS railroad lines, and thus would not improve safety for pedestrians, vehicles and trains; would not improve the efficiency of freight trains and existing/future passenger and high speed rail operations; and would not reduce air and noise pollution. The se is sues would only further deteriorate as the P roject study area continues to grow in population, employment and traffic. The No -Build would hinder the Charlotte Area Transit System's construction of the North Corridor commuter rail line o n the NS O Line, si nce the O Line and CSXT Line would continue to be at -grade. In addition, the proposed CATS North Corridor Commuter Rail, the relocated Amtrak Station, and future increased service will add more rail traffic to the P roject study area. Thus, NCDOT determine d that the No -Build would not meet the Project purpose and need and eliminated it from consideration . 2.2 IDENTIFICATION OF THE BUILD ALTERNATIVE 2.2 .1 Grade Separation Alternatives Considered NCDOT Rail Division’s 2002 Feasibility Study for the Charlotte Multi -Modal Station and Area Track Improvements 7 identified the grade separation of the CSXT SF Line from the NS Mainline at NS Milepost (MP ) 377 as an important step towards the improvement of transportation options in the Charlotte region. In the development of the 2002 Feasibility Study and subsequent concept planning done by NCDOT , NS, and CATS , the following grade separation alternatives were considered: NS Mainline over CSXT SF Line – This alternative would require raising the NS Mainline over the CSXT SF Line . The Study concluded that raising the NS Mainline above existing grade was not feasible due to the elevated Brookshire Freeway (I -277) and North Graham Street overhead bridge in the P roject vicinity. Placing the NS Mainline above the existing grade would require the railroad to clear not only the CSXT SF Line but also the elevated Brookshire Freeway (I -277) and the North Graham S treet overhead bridge . The raising of the NS tracks would require the entire future Charlotte Gateway Station (build ing , tracks, platforms ) to be elevated, and therefore create operational changes and a major visual barrier for the Fourth Ward Historic Di strict and other areas of downtown Charlotte. These constraints make this alternative cost prohibitive and , therefore , NCDOT eliminated it from further consideration. CSXT SF Line over NS Mainline – This alternative would require raising the CSXT SF Line over the NS Mainline. The Study concluded that raising the CSXT SF Line above the existing grade was not feasible due to the elevated Brookshire Freeway (I -277) and North Graham Street overhead bridge in the P roject vicinity. Placing the CSXT SF Line ab ove existing grade would require the railroad to clear not only the NS Mainline but also the elevated Brookshire Freeway (I -277) the North Graham Street overhead bridge , and would require reconstruction 7 See above at 3. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 8 of the historic CSXT bridge over North Tryon Street . These constraints make this alternative cost prohibitive and , therefore , NCDOT eliminated it from further consideration. NS Mainline under CSXT SF Line - Placing the NS Mainline below grade (in a trench or tunnel) was evaluated in 2002 as a result of a request by the Friends of Fourth Ward neighborhood association. The NS Mainline in this location is double -tracked and on a curved alignment. These exis ting conditions result in a project footprint that impacts an established historic neighborhood (Fourth Ward), nearby businesses that rely on rail service, and Elmwood Cemetery. Placing the NS tracks below grade would also require adjusting the profile of some local streets in downtown Charlotte, creating additional impacts to a large segment of downtown Charlotte . The Study concluded that t hese constraints make this alternative not feasible and cost prohibitive , therefore , NCDOT eliminated it from furthe r consideration. Freight Railroad Bypass (Section 4(f) Avoidance Alternative) - Construction of a new railroad completely bypassing the Project area was evaluated in 2002 as a result of a request by the Friends of Fourth Ward neighborhood association. Under this alternative, the NS or CSXT freight railroad would be rerouted away from downtown and would partially parallel the I -485 highway loop around Charlotte on a new alignment. While such an alternative would minimize impacts to the Fourth Ward neigh borhood and other historic resource s in the Project study area, the re -routed railroad would create excessive new noise, vibration , historic and environmental impacts in new locations, would create excessive operating and maintenance costs for the either C SXT or NS , would eliminate rail service to several existing businesses in Charlotte, and would not be cost effective. Furthermore, a review of neighborhood demographics indicated that this bypass alternative would have a proportionally high number of impa cts on low -income and minority neighborhoods when compared to the Build Alternative . NCDOT determined that the bypass alternative did not meet the Project purpose and need , and was not feasible or prudent , and thus removed it from further consideration . CSXT SF Line under NS Mainline - This grade separation alternative would require placing the CSXT SF Line under the NS Mainline. The 2002 Feasibility Study recommended this be accomplished by constructing a linear trench under the NS Mainline. Impacts associated with this alternative are reduced when compared to the other alternatives and the construction c osts are lower. Therefore, this alternative was considered to be feasible and cost effective . Since this alternative satisfies the P roject p urpose and n eed, and is also considered to be feasible and prudent , it has been selected as the Build Alternative for the P roject . 2.2.2 CSXT Trench Alternatives Considered In addition to the above grade separation alternatives, NCDOT evaluated two trench alternatives to avoid and minimize impacts to histori c resources in the Project area, as described below: CSXT Trench Shift North - This alternative would shift the proposed CSXT railroad trench approximately 30 feet north of the existing CSXT track, along an alignment similar to the temporary CSXT track proposed in the Build Alternative. This alternative would shift the trench away from three identified historic resources adjacent to the CSXT railroad: Elmwood/Pinewood Cemetery, the Seaboard Street Historic District, and the Soule Steel and Iron W orks . Under this trench shift alternative, the trench would pass between Brookshire Freeway (I -277) bents 13 and 14, which are approximately 90 feet apart. The space between Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 9 bents 13 and 14 is not wide enough to accommodate a double -track trench , which is a design requirement of the owning railroad (CSXT ). Moreover, the narrow width between the bridge bents in this area, would limit the radius of the curves, resulting in a lowered track speed, and thus would not meet CSXT's design requirements for 35 mph ra il operations . Finally, shifting the trench would place major construction activity closer to the historic buildings at the Southern Asbestos Company Mills (NC Music Factory), which in turn would increase the vibration impacts to the buildings and possibl y damage these buildings. This alternative would not meet the Project purpose and need, specifically improving the operations of the CSXT freight service, and would create additional impacts to the historic Southern Asbestos Company Mills . The alternativ e would also result in additional construction, maintenance, or operational costs compared to the Build Alternative . With these limitations, NCDOT determined the alternative w as not feasible and eliminated it from further consideration. CSXT Tunnel - Under this alternative, the CSXT railroad would be placed in a tunnel under the current CSXT railroad right -of -way, thus leaving all of the buildings in the Seaboard Street Historic District in their current locations. Tunneling would require the new CSXT track to be much deeper below grade to ensure that there would be adequate ground above the tunnel to support the buildings in their current locations. To reach this lower elevation at the Seaboard Street Historic District, the entire profile of the line between the CSXT railroad bridge over I -77 and the CSXT railroad bridge over North Tryon Street would need to be changed. These two CSXT railroad bridges would need to be replaced, and the vertical clearance of the railroad bridge over (I -77) would be re duced. Alternatively, the grade of the tunnel would have to be increased , which would not meet CSXT operational requirements. Tunneling would also require substantial changes to the bents supporting the Brookshire Freeway (I -277 ) viaduct, possibly requir ing complete reconstruction of the viaduct in this location. The tunnel alternative would also require an extensive drainage system that pumps stormwater accumulations. Finally, a tunnel would require an air ventilation system to ensure that the diesel e missions from the train are removed from the tunnel. Both the drainage system and the ventilation system would add considerable ongoing maintenance and operation cost. This alternative would not meet the Project purpose and need, specifically improving t he operations of the CSXT freight service, and would create operational and potentially emergency response safety issues for CSXT . The alternative would also result in additional construction, maintenance, or operational costs of extraordinary magnitude. With these limitations, NCDOT deemed the alternative was not feasible, and eliminated it from further consideration. NCDOT also evaluated alternatives for relocating the ADM flour mill, which is located near the existing CSXT/NS railroad intersection. Descriptions of these alternatives are in Chapter 5.0 - 4(f) Evaluation. 2.3 DESCRIPTION OF SELECTED BUILD ALTERNATIVE The selected Build Alternative consists of the relocation of the CSXT SF Line into a trench to grade -separate the intersection of the CSXT SF Line with the NS Mainline. The proposed CSXT trench will be constructed on the existing CSXT horizontal alignment where feasible, but the profile of the line will be revised as necessary to enable the CSXT SF Line to pass under the NS Mainline . The NS Mainline will remain in its current position and will span the CSXT trench by means of a new thr ee -track bridge. A temporary mainline will be constructed for the CSXT SF Line in order to facilitate construction of the CSXT trench and the new NS Mainline bridge over the trench. The proposed NS modifications are discussed later. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 10 Conceptual p lan s hee ts depicting the Build Alternative can be found in Appendix B. 2.3.1 Temporary CSXT SF Line A temporary CSXT single -track mainline will be necessary to facilitate construction of the proposed trench. The proposed temporary CSXT SF Line will run parallel to the north side of the existing alignment for the following reasons: 1. To provide sufficient working space for construction of the trench. 2. To minimize impacts on the ADM flour mill facility to the south. 3. To avoid impacts to the historic Elmwood/Pinewood Cemetery to the south. 4. To provide adequate clearance between the centerline of the track and the piers that support the overhead Brookshire Freeway (I -277). The east end of the temporary CSXT SF Line will tie into the existing CSXT SF Line west of North Church Street at approximately MP SF 330.2. The west end of the temporary CSXT SF Line will tie into the existing CSXT SF -Line just east of Hamilton Street at approximately MP SF 331.1. The profile of the temporary CSXT SF Line will fo llow the profile of the existing ground and will be designed to approximate the existing mainline profile. Maximum authorized operating speed over the temporary CSXT SF Line will be 10 mph. The temporary CSXT SF Line will cross the existing double -track NS mainline at a temporary at - grade intersection just east of the overhead Brookshire Freeway (I -277) at MP SF 330.6. This rail/rail at -grade intersection will consist of two temporary diamond crossings . All tracks approaching this temporary crossing wi ll be interlocked to prevent conflicts at the crossing, similar to the existing condition. NS will continue to remotely control the temporary interlocking. It may be possible to use the existing signal/train control equipment at the NS Control Point (CP ) Graham for controlling the temporary interlocking. The following modifications will be undertaken prior to construction of the temporary CSXT SF Line : 1. Existing overhead and underground utilities will be relocated or modified. 2. The temporary CSXT SF Line will pass between Bent No. 13 and Bent No. 14 of the Brookshire Freeway (I -277) overhead bridge. These bents will require modifications to accommodate the railroad loads and may require crash walls. 3. NC Music Factory Boulevard between the Brookshire Freeway (I -277 ) and Hamilton Street will be partially occupied by the temporary CSXT SF Line . As such, NC Music Factory Boulevard will be shifted north to allow a 4 -lane roadway to be maintained from North Graham Street to Maxwell Court. 4. The Project will extend Maxwell Court northwest through the City's maintenance garage property and connect to Hamilton Street opposite the driveway accessing the surface parking for the NC Music Factory. Per a three -party i nterlocal a greement, NCDOT will participate in t his street extension with the City of Charlotte and Mecklenburg County. The street will allow event traffic and emergency responders to more easily access the NC Music Factory while NC Music Factory Boulevard is reduced in capacity during project construc tion. Up to three temporary roadway/rail at -grade crossing s will be constructed on the temporary CSXT SF Line to replace existing roadway/rail at -grade crossings . These roadway/rail at -grade Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 11 crossings include the ADM access drive (private) and Giant Ceme nt (private drive) as well as Johnson Street (public). 2.3.2 Modifications Prior to Trench Construction Modifications to various existing utilities and facilities will be necessary prior to constructing the CSXT trench. Most notable are the potential conflicts between the proposed CSXT trench, the proposed 3 -track NS Mainline bridge over the trench and the piers supporting the overhead Brookshire Freeway (I -277). NCDOT anticipat es that considerable modifications may be required to the Brookshire Freeway (I -277) substructure in the area of Bent No. 14 and Bent No. 15 ,includ ing underpinning or grouting of the foundations. The ADM flour mill located south of NC Music Factory Boulevard will be modified on -site to allow the mill to operate during Project construction. On -site changes will include temporary relocation of the flour loading area, construction of a new wheat unlo ading (truck and rail) shed, new storage tracks, and relocation of some parking. A two -story brick portion of the ADM mill closest to the CSXT track will be demolished to facilitate construct ion of the trench . More details on the changes to the ADM mill and construction of new ADM siding track s are described in section 2.3.4 below. The buildings bounded by the CSXT track, Johnson Street, West Ninth Street and the NS O Line will be demolished. The structures within the CSXT railroad right -of -way will be demolished to construct the trench, while the remaining buildings on this site will be demolished to accommodate the temporary flour load -out area for ADM, and to accommodate construction traffic and allow for a contractor lay down/staging area. The roadway/rail at -grade crossing at North Church Street will be permanently closed, modifications will be made to North Church Street to allow truck access to businesses on the south side of the closed roadway/rail at -grade crossing , and Wadsworth Place will be extended between North Tryon Street and North Church Street to provide truck access to businesses on the north side of the closed roadway/rail at -grade crossing .8 The schedule for constructing the Wadsworth Place street exten sion may overlap with construction of the CSXT trench. 2.3.3 Bridges over the CSXT Trench The following bridges will be constructed over the CSXT trench during trench construction: 1. A railroad bridge will be constructed over the trench at CSXT MP SF 330.6. T he bridge will support the new NS access track to serve ADM , will allow freight movements between NS and ADM , and will connect the CSXT "Engine" track on the north side of the trench with ADM . 2. A three -track railroad bridge will support the NS mainline tracks over the new trench. This bridge will be constructed off site and rolled into place during multiple short duration track outages. The substructure for the bridge will be built in place duri ng multiple short duration track outages. 3. The roadway/rail at -grade crossing at Johnson Street will be permanently closed. The existing West Ninth Street roadway/rail at -grade crossing with NS was closed by the City of Charlotte in June 2009. These stree ts will remain closed to facilitate trench 8 The closure of North Church Street was a separate NCDOT project (Y -4810G), which has now be en incorporated into the Mainline Grade Separation Project (P -5002). Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 12 construction. As part of this Project, a pedestrian and bicycle bridge will be constructed to replace the existing roadway/rail at -grade crossing at Johnson Street to provide pedestrian access between the Elmwood /Pinewood Cemetery and NC Music Factory Boulevard. Driveways and roadways will be temporarily maintained adjacent to the construction on extant ground until the trench and bridges are in place. 4. The P roject will include construction of a railroad bridge ov er the trench to provide for the NS O Line (currently not in service ). Because CATS is investigating re -activating this line for commuter rail service, this railroad structure will be designed to accommodate both freight and passenger operations. The Proj ect may construct the foundations for this bridge only, with the superstructure being constructed in the future when needed by CATS. 5. The P roject will include construction of a roadway bridge over the trench to the Seaboard Street LLC site (715 and 721 NC M usic Factory Boulevard) to avoid landlocking this parcel, to accommodate the temporary ADM flour load -out facility, and to allow construction traffic access to the contractor lay down/staging area. This bridge will replace two existing at -grade crossings in this area: Johnson Street (public) and Giant Cement (private). 2.3.4 Temporary Relocation of ADM Mill Operations and Construction of ADM siding track s Concurrent with construction of the tren ch, modifications to the ADM flour mill , currently located off of NC Music Factory Boulevard , will be undertaken to keep the ADM mill in operation during and after construction of the CSXT railroad trench. Temporary ADM Flour Load -O ut Facility To maintain truck access during the construction of the CSXT trench , the ADM flour loading area will be temporarily moved. Currently the flour loading facility is located on the northeast side of the ADM mill, adjacent to the CSXT tracks. This load -out f acility will be inaccessible for periods during construction of the trench. The temporary flour loading facility will be re located to the parcels at 715 and 721 NC Music Factory Boulevard, west of the ADM mill. The site is currently occupied by buildings that will be demolished to construct the trench . Trucks will enter the new flou r loading area via NC Music Factory Boulevard. The temporary loading facility will also include a new elevated conveyance system to move flour from the mill building over the NS O Line tracks and to the trucks. The new loading area will also have surface parking for trucks. In order to comply with air quality regulations, the new flou r loading facility will require a building large enough to completely enclose a large truck with an air filtration system to prevent flour dust from escaping into the environment. Construction of this flour loading facility and the associated truck circul ation and parking areas will require demolition of a portion of the buildings at 715 and 721 NC Music Factory Boulevard. Once the Project completes construction of the trench adjacent to the ADM mill, the ADM will return to using their current truck flour load -out facility. The changes to the ADM mill facility will require the Project to demolish portions of the Seaboard Street Historic District. More detail on the alternatives considered for ADM and their impacts on historic resources can be found in C hapter 3.0 - Affected Environment & Environmental Consequences (see 3.3.6 Cultural Resources) and in Chapter 5.0 - Section 4(f) Evaluation. It should be noted that earlier design plans for the Build Alternative considered relocating the entire ADM mill t o the east side of the NS tracks, with all vehicular traffic accessing the new mill Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 13 via North Smith Street. Under this alternative, the existing historic mill would be abandoned and likely demolished. However, this relocated mill option was determined to be not feasible due to possible noise impacts to residences and due to impacts to historic resources, specifically the Fourth Ward Historic District and the Interstate Mill complex (now ADM). More detail on the alternatives considered for ADM and their i mpacts on historic resources can be found in Chapter 3.0 - Affected Environment & Environmental Consequences (see 3.3.6 Cultural Resources) and in Chapter 5.0 - Section 4(f) Evaluation. Replacement of CSXT Tryon Yard Tracks, New ADM S iding T rack Configuration and Track Operations The Project will also require construction of new siding tracks to replace existing storage tracks in the Project area . These new siding tracks will replace CSXT's Tryon Yard storage tracks which were eliminated due to the construction of the trench, and increase the number the ADM grain rail cars that can be stored in the area. The new siding track s will consist of the following components: 1. ADM /CSXT East Tracks - Two tracks (approximately 2,850 feet in length) will b e constructed southeast of the existing CSXT M ainline and proposed trench, from approximately the CSXT/NS North Graham Street overhead bridge to the west to 100 feet west of the existing CSXT roadway/rail at -grade crossing at Brevard Street. The tracks wi ll then connect to a single track near the CSXT/NS North Graham Street overhead bridge. The two new storage tracks will accommodate approximately 90 freight cars, AND will replace the existing CSXT Tryon Yard track s. 2. ADM Single T rack /Grain Unloading Shed - The single track into the ADM facility will be approximately 800 feet long and connect the ADM /CSXT east tracks (described above) and ADM west tracks (described below). The new grain shed will be located east of the NS mainline tracks and northeast of t he existing ADM grain unloading shed. ADM will pull the full grain cars from the ADM east tracks through the grain unloading shed and then store the empty rail cars along the ADM west tracks (described below). This new ADM single track and grain unloadin g shed will replace the existing ADM grain unloading shed and tracks. 3. ADM West Tracks - T his consist s of three tracks east of the NS Mainline tracks, south of West Tenth Street. These tracks replace the existing two ADM siding tracks in this area that connect to the NS Mainline south of West Ninth Street. The total available storage will be approximately 2,870 linear feet of track. 4. NS Access Track - A single interchange track will be constructed from approximately the Brookshire Freeway (I -277) viadu ct to the North Graham Street overhead bridge which will allow connections between NS and ADM. 5. Engine Track - A single track will be constructed on the north side of the CSXT trench from approximately the Brookshire Freeway (I -277) viaduct to the North T ryon Street bridge. This track will allow the CSXT engine to exit the ADM facilities around the stored grain cars. Given that this track will occupy part of right -of -way used for the CSXT temporary track, this connection will not be in place prior to tre nch construction. These new tracks will not only replace ADM and CSXT storage tracks eliminated by the Project, but will also improve existing and future rail operations in the Project a rea. The current CSXT SF Line passes through the middle of the CSX T Tryon Yard, creating major conflicts between CSXT mainline trains and CSXT local switcher and grain car set offs for ADM . The current constructed nature of the CSXT Tryon Yard tracks and the ADM siding also creates traffic flow Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 14 problems for NS/CSXT inte rchange traffic that passes through the CSXT Tryon Yard; NS/CSXT interchange traffic cannot operate while CSXT is setting out grain cars for ADM. The new ADM/CSXT e ast t racks will be south east of the realigned CSXT SF Line and CSXT trench, reducing freigh t operating conflicts. South of West Ninth Street, the existing ADM storage tracks tie into the NS sid ing east of the two NS mainlines, and conflict with NS's plans to upgrade the siding to a third Mainline track and with the proposed passenger rail track s planned for the Charlotte Gateway Station. The new ADM w est t racks will be completely separated from the NS Mainline t racks and future passenger rail tracks in this area. Finally, u nder this track plan, the number of grain cars that can be processed by ADM will increase from 6 to 12 rail cars three to four times per week , equating to 90 rail cars every once or twice a week . Concept plans for these new ADM siding track s are in Appendix B. 2.3.5 Trench Construction The proposed design includes a trench that will be approximately 3 ,400 feet in length. The eastern end of the proposed CSXT trench will be west of North Church Street at approximately MP SF 330.3. The western end of the proposed trench will be east of Hamilton Avenue at approximately MP SF 330.9. The trench will be designed for a single track with an access roadway . The design will allow for CSXT to remove the single track and access roadway and construct a new double -track railroad at their own expense in the future, if so desired by CSX. The trench will accommodate double - stack container cars conforming to the Association of American Railroads, Mechanical Division, Plate H Equipment Diagram. On level, tangent track Plate H will accommodate a rail car not exceeding 20’ - 2” in height (measured above top of rail) and not exceeding 10’ - 8” in width (5’ - 4” from centerline of track). The trench will be designed to provide a minimum of 2 3 ’-0” of vertical clearance between t op of rail and bottom of the proposed NS Mainline bridge over the trench. The single track railroad will be designed for a maximum operating speed of 35 MPH. If, in the future, CSXT replaces the single track with a double track, the maximum operating s peed would be 10 MPH. Moving east to west, the conceptual design provides a descending grade of 1.25% at the east end of the trench. An ascending grade of 1.07% is provided at the west end of the trench. These conceptual grades are less than the current ruling grade of 1.30% that is found on the Charlotte Sub -Division and considerably lower than the maximum grade of 1.55% found at MP SF 391.0. The conceptual design places the low point of the CSXT trench at MP SF 330.7 and top of rail Elev. 703.13. Estimated maximum heigh t of the trench is 26 feet above top of floor. The width of the trench at top of floor is 33 feet and varies . The centerline of the single track will be offset from the centerline of the trench to allow for the future double -track and in order to provide a 10 -foot wide area for track maintenance and railroad personnel and operation of track maintenance equipment. Security fencing will be provided along the top of both sidewalls over the entire length of the trench. Safety niches and emergency exit sta irways will be provided in the trench as required by CSX T . The CSXT trench will include an invert and gravity storm drain system to handle runoff from storm events. The drainage will be carried in a new pipe system running along the CSXT Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 15 railroad righ t -of -way to Irwin Creek by I -77. A portion of the trench falls in the Sugar Creek watershed and will be diverted to Irwin Creek. An equivalent area of the Irwin Creek watershed will be diverted to Sugar Creek. The trench construction will also divide sev eral current stormwater routes, including surface flow and pipe systems. The surface flow will be diverted by the construction of drainage swales and pipe systems along the top edges of the trench. The stormwater will be diverted along a new system to the same stream as it currently flows to either Irwin Creek or Sugar Creek. 2.3.6 NS Track Layout Existing NS No. 1 Track and NS No. 2 Track (and a future NS No. 3 Track) intersect the single - track CSXT SF -Line at -grade beneath the Brookshire Freeway (I -277) overhead bridge. This rail/rail at -g rade intersection consists of two crossing diamonds. All tracks approaching this at - grade intersection are currently interlocked to prevent conflicts in the at -grade intersection . NS designates the interlockin g as Control Point (CP) “Graham.” NS remotely controls the interlocking signals that govern entrance into CP Graham. Construction for the CSXT SF Line grade separation will require constructing an NS Mainline bridge over the trench. The NS tracks wil l be supported over the new trench by a three -track railroad bridge. This bridge will be constructed off site and rolled into place during multiple short duration track outages. The substructure for the bridge will be built in place during multiple short d uration track outages. The proposed final horizontal alignment of both NS No. 1 and NS No. 2 Tracks between West Liddell Street and West Trade Street will not appreciably change from their current location. Furthermore, at completion of the project, curva ture and superelevation of the three new main tracks across the new NS bridge over the CSXT trench will be similar to current curvature and superelevation. The proposed final vertical alignment of both NS No. 1 and NS No. 2 Tracks will not appreciably cha nge from current profiles. Currently, maximum allowable speeds over both NS No. 1 Track and NS No. 2 Track are 35 mph for passenger, rail highway (intermodal and roadrailer) and freight north of North Graham Street , and 30 mph for passenger, rail highwa y and freight through the compound curve between North Graham Street and West Eighth Street. A permanent speed restriction of 30 mph has been placed over the crossing diamonds at the at -grade intersection . These speeds increase to 79 mph for passenger, 60 mph for rail highway and 50 mph for freight south of West Eighth Street. The NS Mainline alignment will be unchanged between North Graham Street and West Eighth Street. The speeds will continue to be re stricted to a maximum allowable speed of 30 mph for freight traffic and 4 0 mph for passenger traffic due to the continued geometric constraints of the existing compound curve. NS has requested that the project provide for a third mainline track through t he entire project site. This third mainline will be a shared freight/passenger track. The two existing sidings adjacent to the east side of NS No. 1 Main will be upgraded to serve as a third main track. The northern siding currently originates in NS’s C harlotte Yard and proceeds southward, joining NS No. 1 Track just north of the crossing diamonds at the at -grade intersection . This northern siding currently serves as a lead track to NS’s Charlotte Yard. The southern siding currently begins just south o f the crossing diamonds at the at -grade intersection and proceeds southward, joining NS No.1 south of the Brookshire Freeway (I -277). This southern siding currently serves as a lead track to various industries and team tracks. Following completion of Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 16 the new NS Mainline bridge over the CSXT trench, both the northern and southern sidings will be upgraded and connected to form a third main line track. 2.3.7 CSXT/NS Interchange Track At approximately CSXT SF MP 330.2, a single interchange track will be constructed connecting the CSXT SF Line with the NS interchange yard. This new interchange track replaces the existing two track interchange between NS and CSXT at this location. 2.3.8 Capital Costs Conceptual construction costs were developed for the Build Alternative , as shown below. Cost Track Structures & Track $74,476,472 Sitework, Right -of -Way, Land, Existing Improvements $13,867,627 Communications & Signaling $8,252,912 Professional Services & Other Support Costs $17,387,462 Unallocated Contingency $14,489,552 Total $128,474,025 Source: Engineer's Opinion of Probable Cost - 25% Submission, Dual Track Option, Prepared by Gannett Fleming November 15, 2011 Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 17 CHAPTER 3.0 - AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES 3.1 PHYSICAL ENVIRON MENT 3.1.1 Air Quality The No -Build Alternative would have no impact on regional air quality. However, the proposed Build Alternative s is not exempt from General Conformity r eview based on the list of exempt actions in 40 CFR 93.153(c) and (d). Therefore, an Applicability Analysis, as part of the General Conformity (40 CFR 51 Subpart W and 40 CFR 93 Subpart B) requirements, was completed for the CSX T NS Mainline Grade Separat ion Project. The proposed Project is located in Mecklenburg County, North Carolina, which the Environmental Protection Agency (EPA) has designated as an 8 -hour nonattainment area for ozone (moderate classification). The area is also designated as a mainte nance area for Carbon Monoxide (CO ). The Project will result in the emission of ozone precursors, Volatile Organic Compounds (VOC ), and Nitrous Oxide (NOx ), as well as CO. Under the General Conformity requirements, an action is regionally significant if the total direct and indirect emissions of an individual pollutant amount to 10% or more of a nonattainment or maintenance area’s emissions of that pollutant. Following discussions with North Carolina Department of Envi ronment and Natural Resources (NCDENR) personnel, the NCDENR determined that any project in the Charlotte area that is below threshold (less than 100 tons per year) will also be less than the 10% significance level. To determine the impacts of the Build Alternative on regional air quality, estimates of VOC, NOx, and CO emissions from the Project construction were completed using equipment and vehicle emission rate spreadsheets based on NONROAD (non -road equipment) and MOVES (Motor Vehicle Emission Simulator) emission models provided by the EPA and NCDENR. The results of the Applicability Analysis showed the expected emissions for the Build Alternative to be below the 100 tons per year applicability threshold and thus also r egionally insignificant for each pollutant evaluated . A copy of the Record for Non -Applicability (RONA) developed for the Project was forwarded to NCDENR on November 16, 2009 for review. Revised versions of the CSXT/NS Mainline Grade Separation Project R ONA were subsequently submitted to NCDENR to reflect changes in the Project scope. Following a review of the August 2012 revised RONA, NCDENR concluded that the Project is not considered to be significant for the purposes of conformity (40 CFR 51.853(i), NCAC 2D.1603(D)) and that the Project complies with the Federal and State general conformity rules. A copy of the RONA approval letter received from NCDENR is included in Appendix C. Based upon the NCDENR's approval of the RONA, the Build Alternative will have no significant impact on regional air quality. The General Air Conformity requirements included in the Code of Federal Regulations, 40 CFR 51 Subpart W and 40 CFR 93 Subpart B, apply to all “Federal actions” that take place in a nonattainment or maintenance area for a criteria poluutant, e xcept Federal Highway and Transit actions to which the transportation conformity requirements apply. Projects funded by Federal Highway Administration (FHWA)/Federal Transit Administration (FTA) need to follow 40 CFR 51 Subpart T. The Project is primarily funded by the Federal Railroad Administration (FRA), thus it falls under the General Conformity rules. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 18 3.1.2 Noise & Vibration Noise – Following a review of Project aerial mapping and a Project site visit NCDOT determined that noise sensitive areas and/or receivers of interest are present. A Screening and General Noise Assessment was conducted in accordance with methodologies contained in the Federal Transit Administration’s (FTA) Transit Noise and Vibration Im pact Assessment Manual , dated May 2006 (FTA, 2006). The FRA relies upon the FTA noise and vibration impact assessment procedures. Therefore, the Screening and General Noise Assessment utilized the methodology, procedures and guidelines outlined in the FT A manual. The No -Build Alternative would have no impact on noise within the Project study area. The results of the Screening and General Noise Assessment showed that under the Build Alternative , total exposure noise levels will be reduced within the Proj ect corridor due to elimination of four of the roadway/rail at -grade crossings, and subsequent elimination of horn noise at these crossings . In addition, the future impact distance will be considerably decreased and no additional severe or moderate noise impacts will result from the Project. The analysis also considered the freight rail activity from new CSXT/ADM siding track s to be constructed as part of the Project. These rail activities also will not create noise levels that will exceed FTA threshol ds. The projected traffic to be diverted from NC Music Factory Boulevard and re -routed to the proposed Maxwell Court Extension will not produce noticeable noise impacts in the area. A copy of the Screening and General Noise Assessment report is included in Appendix C. Vibration – A Screening and General Vibration Assessment was completed for the CSXT/NS Mainline Grade Separation and proposed roadway/rail at -grade crossing closu res. This assessment was conducted in accordance with methodologies contained in the FTA Transit Noise and Vibration Impact Assessment Manual , dated May 2006 (FTA, 2006). The FRA relies upon the FTA noise and vibration impact assessment procedures , and thus this study u tilized the methodology, procedures and guidelines outlined in the FTA manual . The No -Build Alternative would have no vibration impacts within the Project study area. For the Build Alternative, t here are currently three residential build ings located approximately 100 feet from the Project . This distance is at the borderline for where the residential vibration impact criteria apply . The FTA Transit Noise and Vibration Impact Assessment manual states that "track in a cut may reduce vibrati on levels slightly." Trenches have been employed as a vibration barrier technique that disrupts propagating body and surface waves resulting in as much as a 50% reduction of vertical motion .9 9 “Reduction o f Train Induced Building Vibration b y Using Open a nd Filled Trenches”. Adam M., Estorff O., Computers and St ructures 83 (2005) 11 -24. This cut thr ough design more closely resembles a trench application an d will result in lower surface amplitudes than an at -grade application. Therefore, t otal vibration levels will likely not increase within the Project corridor due to vibration energy dissipation in the trench section of the Project, According to FTA guidelines, these buildings will not receive additional impacts from future vibration levels under the Project Build Alternative . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 19 The assessment also analyzed construction vibration impacts to structures closest to the temporary CSXT track and the proposed trench , specifically the Silverhammer Studios on Hamilton Street, the NC Music Factory buildings, and the ADM mill . The assessment determined that some construction equipment may cause vibration s above FTA thresholds that could potentially cause damage to those buildings. To mitigate possible construction vibration i mpacts, NCDOT will require the contractor to use equipment that will produce vibrations below FTA thresholds for older buildings . Because the ADM mill is within 20 feet of the proposed trench, NCDOT will also conduct additional structural investigations to determine more precisely the construction techniques and equipment to be used in this location. A copy of the Screening and General Vibration Assessment report is included in Appendix C. 3.1.3 Water Quality All surface waters in North Carolina are assigned a primary classification by the NCDENR Division of Water Quality (DWQ). According to NCDENR DWQ, all waters, at a minimum , must meet the standards for Class C (fishable / swimmable) waters. Class C waters are protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integr ity, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. The other primary classifications provide add itional levels of protection for primary water contact recreation (Class B) and drinking water (Water Supply Classes I through V) (NCDENR, 2009). In October 1996, the Mecklenburg County Board of County Commissioners adopted the County’s first “Creek Use Policy” which called for all Mecklenburg Co unty surface waters to be “suitable for prolonged human contact and recreational opportunities and supportive of varied species of aquatic life .”10 This initiative aimed at protecting cleaner creeks and restoring those waterways with poorer water quality. Working with City and County officials, the Board developed a comprehensive strategy and approach for achieving the goals outlined in the policy. Entitled Surface Water Improvement & Management (SWIM), this program focuses on addressing water quality concerns through the prioritization of creek basins, improving or restoring water quality in special interest watersheds, and applying watershed -based management tools to the remaining waters throughout the County. A key compo nent of the SWIM program was the establishment of vegetative steam buffers through the adoption of ordinances that limit development and activity within riparian corridors. There are n o navigable waters, as defined by the U.S. Army Corps of Engineers (US ACE), located within the Project area. However, a secondary literature search showed that there is 10 Mecklenburg County Surface Water Improvement & Management program, http://www.charmeck.org/stormwater/regulations/Documents/SWIM%20Ordinance%20Documents/Count ySWIMInitiative.pdf In 1996, the Mecklenburg County Board of County Commissioners implemented the Surface Water Improvement & Management (SWIM) program to protect and restore surface water resources throughout Mecklenburg County. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 20 one intermittent stream located within the Project study area. The presence of this intermittent stream was confirmed during a site visit. In addition, tw o Class C streams, as defined by NCDENR DWQ, are located just beyond the eastern and western limits of the Project area. These streams are Little Sugar Creek (NC Stream Index Number 11 -137 -8) to the east and Irwin Creek (NC Stream Index Number 11 -137 -1) t o the west. The locations of these streams are depicted in Figure 4 (Appendix A). As depicted in Figure 4 (Appendix A), a 35 -foot post construction SWIM buffer is located within the Project study area. This buffer is associated with the existing railroa d ditch located along the southern side of the existing CSXT rail line. The No -Build Alternative would not cause a change in the Class C classification designated by NCDENR DWQ, nor will it encroach upon the Mecklenburg County 35 -foot post -constru ction SWIM buffer. The Build Alternative will not permanently impact water quality and will not cause a change in the Class C classification designated by NCDENR DWQ. The Build Alternative will encroach upon a 35 -foot post -construction SWIM buffer as des ignated by Mecklenburg County. Stormwater runoff in the area of the trench will be captured and conveyed to Irwin Creek via a new storm water outfall that will connect to Irwin Creek downstream of the existing drainage area outfall. Additionally, construction of the Maxwell Court Extension will result in encroachment upon a 35 -foot post -construction SWIM buffer associated with an intermittent tributary to Irwin Creek. The locations of the designated SWIM buffers are identified in Fi gure 4 (Appendix A). Temporary impacts associated with construction stormwater and sedimentation may occur as part of construction activities. These impacts will cease soon after construction is complete. To mitigate impacts to water quality, NCDOT w ill undertake sediment and erosion control BMPs in accordance with NCDENR DWQ's Design Standards in Sensitive Watersheds 11 to reduce the potential for nutrient runoff into Little Sugar Creek and Irwin Creek. Furthermore, NCDOT will incorporate BMPs for the treatment of the stormwater runoff as defined in the most recent version of the NCDENR DWQ's Stormwater Best Management Practices . 3.1.4 Water Bodies & Waterways There are n o navigable waters, as defined by the U.S. Army Corps of Engineers (USACE), located within the Project area. However, a secondary literature search showed that there is one intermittent stream located within the Project study area. The presence of this intermittent stream was confirmed during a site visit. In addition, two Clas s C streams, as defined by NCDENR DWQ, are located just beyond the eastern and western limits of the Project area. These streams are Little Sugar Creek (NC Stream Index Number 11 -137 -8) to the east and Irwin Creek (NC Stream Index Number 11 -137 -1) to the west. The locations of these streams are depicted in Figure 4 (Appendix A). According to NCDENR DWQ, Little Sugar Creek is a Class C , 303(d) Waters of the State. This 11 15A NCA C 04B .0124 Design Standards In Sensitive Watersheds, http://ncrules.state.nc.us/ncac/title%2015a%20 - %20environment%20and%20natural%20resources/chapter%2004%20 - %20sedimentation%20control/subchapter%20b /15a%20ncac%2004b%20.0124.pdf Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 21 stream is included on the 303(d) list because of an impaired aquatic life use due to f ecal coliform and impaired biological integrity. Irwin Creek is also a Class C stream that is included on the 303(d) list due to impaired aquatic use resulting from turbidity, fecal coliform, and impaired biological integrity. A copy of the agency coordi nation letter received from NCDENR DWQ, dated June 17, 2009, is included in Appendix D. The No -Build Alternative would have no impact on water bodies or waterways, specifically Little Sugar Creek and Irwin Creek. As a result of Maxwell Court Extension, the Build Alternative will permanently impact or require alteration to an existing intermittent tributary to Irwin Creek. Based upon preliminary design, the amount of open stream will be increased from 273 to 485 li near feet, while the portion of the stream in a culvert in this area will be r educe from 464 to 279 linear feet. Overall, the Project will increase the total linear feet of the tributary that is open and not piped or in a culvert. The exact changes will be determined during the final design phase of the Project. Temporary impacts associated with construction stormwater and sedimentation may also occur as part of construction activities. These impacts will cease soon after construction is complete. To mitigate impacts to waterways, NCDOT will undertake sediment and erosion control BMPs in accordance with NCDENR DWQ's Design Standards in Sensitive Watersheds 12 to reduce the potential for nutrient runoff into Little Sugar Creek and Irwin Creek. Furthermore, NCDOT will incorporate BMPs for the treatment of the stormwater runoff as defined in the most recent version of the NCDENR DWQ's Stormwater Best Management Practices . 3.1.5 Floodplains A review of the Federal Emergency Management Agency (FEMA) floodplain mapping was completed to determine if the Project is located within a FEMA designated 100 -year floodplain. The review identified the 100 -year floodplain limits for both Little Sugar Cre ek and Irwin Creek. The 100 -year floodplain limits for each waterway are depicted in Figure 4 (Appendix A). While the floodplain limits for Little Sugar Creek are located outside of the Project study area, the 100 -year floodplain limits for Irwin Creek a re located along the westernmost edge of the Project study area. The No -Build Alternative would not impact the 100 -year floodplains of Little Sugar Creek or Irwin Creek. Conveyance of stormwater to Irwin Creek will require the construction of a new sto rmwater outfall located within Irwin Creek’s 100 -year floodplain. However, construction of this outfall as 12 1 5A NCAC 04B .0124 Design Standards In Sensitive Watersheds, http://ncrules.state.nc.us/ncac/title%2015a%20 - %20environment%20and%20natural%20resources/chapter%2004%20 - %20sedimentation%20control/subchapter%20b/15a%20ncac%2004b%20.0124.pdf Federal protection of floodplains is outlined in Executive Order 11988, “Floodplain Management” and by the implementation of federal regulations under 44 CFR 9.00. Under these regulations, Federal agencies are directed to avoid impacts to floodplain areas by structures build in flood -prone areas. The Federal Emergency Management Agency (FEMA) has primary responsibility for identifying flood -prone areas. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 22 part of the Build Alternative is not expected to permanently impact the existing 100 -year flood elevations for Irwin Creek. 3.1.6 Wetlands A secondary literature search using National Wetland Inventory (NWI) mapping was completed for this Project. The NWI map review provided no evidence of wetlands within the Project study area. The absence of wetland habitat was confirmed during a Project area site visit conducted by qualified field personnel in July 2009. Therefore, neither the Build nor the No -Build Alternative will impact wetlands. 3.1.7 Coastal Zones The State of North Carolina participates in the National Coastal Zone Management Pr ogram. North Carolina’s coastal zone includes the 20 counties that in whole or in part are adjacent to, adjoining, intersected by or bounded by the Atlantic Ocean or a coastal sound(s) (U.S. Department of Commerce, 2009). This Project is located in Meckl enburg County, which is not one of North Carolina’s 20 coastal zone counties. Therefore, neither the Build Alternative nor the No -Build Alternative will impact coastal zones , and the Project does not need to comply with North Carolina's coastal zone manag ement plan. 3.1.8 Farmland As part of the Agriculture and Food Act of 1981 (Public Law 97 -98), the Farmland Protection Policy Act (FPPA) was introduced to “minimize the impact Federal programs have on the unnecessary and irreversible conversion of farmland to non -agricultural uses”. The FPPA assures that Federal prog rams are administered in concert with state, local governmental, and private programs aimed at protecting farmland. Early coordination with the U.S. Department of Agriculture Natural Resource Conservation Service (NRCS) was completed. In a letter dated May 29, 2009, it was noted that NRCS did not have any comments or concerns on the Project. A copy of the NRCS agency response letter can be found in Appendix D. This Project is located in the city of Charlotte, North Carolina. The areas adjacent to the Project area are developed and urban in nature. No land exhibiting the criteria of farmland, as defined by the FPPA, is present within or adjacent to the Project area. Therefore, neither the Build Alternative nor the No -Build Alternative will impact farmland . Executive Order 11990, “Protection of Wetlands,” requires federal agencies to avoid, to the extent practicable, short and long -term impacts associated with the destruction or modification of wetlands. It directs federal agencies to avoid new construction in wetlands unless there is no practical alternative. Where impacts to wetlands are determined to be unavoidable, impacts to wetlands must be minimized to the greatest extent possible. Section 404 of the Clean Water Act (CWA) provides protection to Water s of the United States and wetlands. North Carolina’s Section 404 program is administered and enforced by the USACE . Farmland, as defined by the FPPA, includes areas designated as prime farmland, unique farmland, and land of statewide or local importance (Natural Resources Conservation Service, 2009). Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 23 3.2 BIOLOGICAL ENVIR ONMENT 3.2.1 Ecologically Sensitive Areas Coordination with the North Carolina Natural Heritage Program (NCNHP) was completed for the Project. In a letter dated June 5, 2009, the Natural Heritage Program stated tha t no significant natural communities, significant natural heritage areas, or conservation/managed areas are located at the Project site or within one mile of the Project site . A copy of the June 5, 2009 letter from NCNHP is included in Appendix D . A site visit completed in July 2009 confirmed the lack of significant “natural areas” at the Project area . Therefore, neither the Build Alternative nor the No -Build Alternative will impact ecologically sensitive areas, wildlife habitat, or designated critical h abitat areas . 3.2.2 Threatened & Endangered Species According to the NCNHP, there are no known records of rare animal species at or within one (1) mile of the proposed Project site. The NCNHP did , however , identify two records of rare plants located about 0.2 miles east of the Project. NCN HP presumes that rare plants are no longer present in the area due to the “heavily developed nature of the area”. A letter dated June 5, 2009 that summarizes the NCNHP’s review and findings can be found in Appendix D. According to an August 11, 2009 emai l received from USFWS, records indicate occurrences of the federally endangered Schweinitz’s sunflower (Helianthus schweinitzii ), smooth coneflower (Echinacea laevigata ), and Michaux's sumac (Rhus michauxii ), and the candidate for federal listing Georgia aster (Symphyotrichum georgianum ) within Mecklenburg County . All of these species grow in open areas that are often disturbed. As part of their response, the USFWS requested that the presence or absence of these species be addressed by conducting habitat assessments and completing a survey of any suitable habitat within the Project study area. A copy of the email received from USFWS is included in Appendix D. The North Carolina Natural Heritage Program (NCNHP), which is part of the NCDENR Office of Natural Resource Planning and Conservation, is responsible for inventorying, cataloging, and supporting conservation efforts throughout the State of North Carolina. The NCNHP works in conjunction with experts from the U.S. Fish and Wildlife Service (USFWS), the North Carolina Department of Agriculture and Consumer Services, and the North Carolina Wildlife Resources Commission (NCWRC) to document the status and locati on of the State’s rarest plants, animals, and natural communities (NCDENR, 2009). The Federal Endangered Species Act (ESA) of 1973, as amended, is the federal regulatory tool that serves to administer permits, implement recovery plans, and monitor listed threatened and endangered species. The ESA is administered by the USFWS and the N ational Marine Fisheries Service. The State of North Carolina monitors and protects local and regional rare species and federally listed species under two individual laws. Animals are currently protected by the North Carolina Endangered Species Act which is administered by the NCWRC. Plant species are protected through the North Carolina Plant Protection and Conservation Act which is administered by the North Carolina Department of Agriculture’s Plant Conservation Program (STV/Ralph Whitehead & Associate s, June 2009). Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 24 As requested by USFWS, the Project study area was surveyed for the presence of the abovemention ed endangered and candidate species. Biologists visited the Project study area the week of September 28, 2009 and on July 11, 2011 and October 10, 2011. Systematic surveys were completed within all areas of suitable habitat for the federally protected pl ant species listed by USFWS. The field survey resulted in a determination that no federally protected plants occur within the Project study area. A copy of the letter -type reports that summarize the threatened and endangered species survey’s procedures a nd findings is included in Appendix E. The No -Build Alternative would not impact federal or state -listed threatened and endangered species. The Build Alternative will not impact federal or state -listed threatened and endangered species. This determination is based on the results of NCNHP coordination and the abovementioned threatened and endangered species survey. 3.3 HUMAN ENVIRONMEN T 3 .3.1 Transportation Rail Transportation - The purpose of the Project is to grade separate the intersection of two major Class I railroads in Uptown Charlotte and thus enhance safety, improve reliability, improve operations, increase capacity for freight, commuter, and passenger rail, and improve the quality of life for nearby businesses and residents. This Proje ct is intended to remove the daily conflict between approximately 40 NS freight trains and 10 CSXT freight trains, as well as conflicts between passenger rail trains (both future and existing), CSXT /NS freight trains , and a new commuter rail service propos ed by the Charlotte Area Transit System (CATS). The Project will also eliminate traffic delays created when CSXT freight trains block nearby at -grade roadway/rail crossings for long periods (while awaiting NS dispatch priority) and will eliminate portions of the horn noise that impacts nearby residences and businesses. The No -Build Alternative would negatively impact freight, commuter, and passenger rail transportation by not creating the capacity that would help improve rail operations . Future commuter and intercity passenger rail services to and from the proposed Charlotte Gateway Station might be hindered by CSXT freight crossing the at -grade diamond railroad crossing. Noise and vibration impacts to nearby businesses and residences wou ld continue and increase as passenger and freight rail traffic increases through the Project area. According to a 2004 FRA study, if the Project is not constructed, CSXT trains will experience on average 153 minutes of delay each day once the SEHSR and CA TS commuter rail services are implemented.13 The Build Alternative will have a positive impact on freight and passenger rail transportation by improving rail operations and increasing the efficiency of freight, commuter, and passenger rail along both the CSXT and NS railroad s. Short -term construction impacts related to rail operations will be mitigated through the use of a single -track temporary CSXT SF Line . 13 Technical Monograph: Transportation Planning for the Richmond -Charlotte Railroad Corridor, Volumes I & II. Federal Railroad Administration, January 2004. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 25 Local Vehicular Transportation - The existing CSXT SF Line lies directly adjacent to NC Music Fa ctory Boulevard, which includes the NC Music Factory Boulevard Extension to North Graham Street. NC Music Factory Boulevard acts as the primary access route to two local streets, Maxwell Street and Hamilton Street. Both Maxwell Street and Hamilton Stree t are dead -end streets. Vehicular traffic destined for the NC Music Factory , the Mecklenburg County garage, and the warehouse facility located along Hamilton Street utilizes NC Music Factory Boulevard as the primary access route. The section of NC Musi c Factory Boulevard from North Graham Street to Johnson Street is currently part of the regularly scheduled Charlotte Area Transit System (CATS) Oaklawn #26 bus route. The Oaklawn #26 route was adjusted in February 2011 to operate via NC Music Factory Bou levard and Johnson Street in an effort to provide service to the NC Music Factory area. As of January 2011, there are currently seven at -grade roadway/rail crossings located within the Project area. These crossings include six on the CSXT trackage: North Johnson Street, Giant Cement (private drive), the ADM flour mill access drive, North Church Street, North Brevard Street, and North Davidson Street. One private crossing (West 10 th Street) crosses the NS mainline tracks in the Project area. West Ni nth Street, a public crossing along the NS railroad near ADM, was permanently closed by the City of Charlotte in June 2009. The location of these roadway/rail at -grade crossings can be seen in Figure 5 (Appendix A). The No -Build Alternative woul d not have a significant impact on local vehicular traffic. The Build Alternative will not have a significant or permanent impact on local vehicular traffic along NC Music Factory Boulevard. The Build Alternative will not permanently lower the Level of S ervice (LOS) on NC Music Factory Boulevard or adjacent secondary streets (i.e. Maxwell Court and Hamilton Street). No permanent adverse impacts to pedestrians or cyclists utilizing NC Music Factory Boulevard will occur as a result of the Project. However , the Build Alternative will result in temporary impacts to NC Music Factory Boulevard during construction. The temporary impacts to NC Music Factory Boulevard are related to the construction of a temporary CSXT SF Line run -around track. It is necessary to construct the temporary CSXT SF Line run -around in order to facilitate construction of the CSXT trench and the new NS Mainline bridge. The footprint of the temporary CSXT SF Line run -around track will extend into the existing NC Music Factory Boulevard right -of -way . The Project will maintain v ehicular traffic along NC Music Factory Boulevard through a two -way section of roadway with reduced lane widths, but shifted to maintain four travel lanes. Access to all existi ng facilities along NC Music Factory Boulevard will be maintained throughout construction. As the maintenance of traffic plan is developed, s pecial attention will be paid to events scheduled at the NC Music Factory . To mitigate traffic impacts during construction, NCDOT will participate in a Mecklenburg County/City of Charlotte project to extend Maxwell Court around the NC Music Factory to provide vehicular access to the NC Music Factory main surface parking area. On ce construction is complete, the temporary CSXT SF Line run -around will be removed and NC Music Factory Boulevard will be restored to its current configuration between Maxwell Court and Hamilton Street . More information on the temporary CSXT SF Line and t he proposed Maxwell Court Extension is included in the Chapter 2.0 of this document. Temporary impacts to the on -time performance of the CATS Oaklawn #26 bus route may occur during construction. These temporary impacts will occur as a result of the capacity reductions Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 26 along NC Music Factory Boulevard related to construction of the tempora ry CSXT SF Line run - around. Once construction is complete, the temporary CSXT SF Line run -around will be removed and NC Music Factory Boulevard will be restored to its current configuration thus eliminating delays to CATS service to and from the NC Music F actory area. In addition, the Build Alternative will permanently eliminate or grade separate four of the seven existing at -grade roadway/rail crossings. Two of these crossings will be closed permanently (North Johnson Street, and North Church Street on the CSXT SF Line ) and two will be grade separated (Giant Cement private drive and ADM private drive ). With the exception of the North Church Street closure, vehicular traffic impacts associated with the proposed roadway/rail at -grade crossing closures and grade separations are anticipated to be minor. Where the existing roadway/rail at -grade crossings are to be closed, the existing roadways are considered low -volume (100 to 300 vehicles per day) and , therefore , existing traffic can be accommodated by the adjacent street system. As mitigation for closing the North Church Street crossing and to accommodate truck access to businesses along North Church Street affected by the crossing closure, the Project will extend Wadsworth Place one block between North Tryon Street and North Church Street and add a truck turn -around area on North Church Street . The location of the proposed at -grade roadway/rail crossing closures and the proposed roadway/rail grade separations are identified in Figure 5 (Appendix A). Parking - On -street parking is currently available along both the north and south sides of NC Music Factory Boulevard (See Photo 2). These spaces are primarily located between North Johnson Street and Hamilton Street. Off -street parking also exist s in the Project study area, particularly at ADM and the Mecklenburg County vehicle maintenance g arage near Maxwell Court. The No -Build Alternative would not impact parking within the Project area . The Build Alternative will have a temporary impact on the approximately 7 3 parking spaces along both sides of NC Music Factory Boulevard and 20 parking spaces on Hamilton Street . Temporary parking impacts will result from the addition of the temporary CSXT SF Line run - around to be partially constructed within existing NC Music Factory Boulevard right -of -way . Once construction is complete , the temporary CSXT SF Line run -around will be removed and on -street parking along NC Music Factory Boulevard and Hamilton Street will be reestablished. No impacts to the NC Music Factory parking lots are anticipated for the Build Alternative. NCDOT , the City of Charlotte and Mecklenburg County have entered into a three -part interlocal agreement to extend Maxwell Court around the NC Music Factory as part of the Project . This street extension will also eliminate some parking for the City of Charlott e's maintenance garage Photo 2: On -street parking along NC Music Factory Boulevard Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 27 in this area. However, once Maxwell Court Extension is built the City and County will no longer use the garage and site, eliminating their parking needs. The Build Alternative will also relocate some ADM truck parking as a result o f relocating the ADM flour load -out facility during construction of the trench . 3.3.2 Land Use, Zoning, & Property Acquisition Land Use and Zoning - The Project is located in the city of Charlotte, Mecklenburg County, North Carolina. The Project area can generally be characterized as an urbanized railroad corridor. Land use within or directly adjacent to the Project area is comprised of a mixture of land uses including industrial, commercial, cemetery, multi -family, and vacant/wooded lots. According to 2009 zoning data provided by Mecklenburg County, zoning within or directly adjacent to Project area can be categorized as heavy industrial, light indu strial, uptown mixed use, mixed use, urban residential, or business. Future land use data and 2009 zoning data are graphically depicted in Figure 6 and Figure 7 (Appendix A), respectively. The No -Build Alternative would not impact land use or be inconsistent with zoning. The Build Alternative will not have a significant impact on land use or zoning as it will be consistent with existing land use plans and local planning documents. The Project will require the elimination of the City of Charlotte /Mecklenburg County maintenance garage along Maxwell Court. Property Acquisition - The No -Build Alternative would not require the acquisition of any property. The Build Alternative will require the total take of the following parcels: 1. Parcel ID 07823202 - 715 & 721 Seaboard Street (now NC Music Factory Boulevard) - This parcel is listed as one parcel by the county auditor, but there are two separate buildings on it and each one has its own mailing address. The larger of the two buildings had a mailing address of 715 Seaboard Street and the smaller building had a mailing address of 721 Seaboard Street at the time this document was written. At the time this document was written, there we re four tenants located on this property. These tenants included 2 cabinet shops, a steel shop, and a plastics recycler (See Photo 3). 2. Parcel ID 07823201 - 700 West Ninth Street - This is the former location of the Americold Logistics Company. At the t ime this document was prepared, this parcel was unused and had been acquired by NCDOT. 3. Parcel ID 07813106 - 717 Johnson Street - This is a vacant triangular shaped parcel bounded by the Elmwood/Pinewood Cemetery to the south, the CSXT railroad to the nort h, and Johnson Street to the east. 4. Parcel ID 07842105 - 919 North Graham Street - This is a vacant parcel. Photo 3: Warehouse located at 715 Seaboard Street Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 28 It should also be noted that NCDOT has entered into a three -part y agreement with the City of Charlotte and Mecklenburg County to construct Maxwell Court extension to help mitigate traffic impacts on NC Music Factory Boulevard from the Build Alternative. NCDOT will acquire an easement over the parcel owned by Mecklenbur g County that houses the City of Charlotte vehicle maintenance garage (parcel ID 07842512). The Build Alternative will also require partial acquisition of the following parcels: 1. Parcel ID 07842102 - 825 North Graham Street - This parcel houses an au tomotive repair shop. The Project will acquire a narrow strip adjacent to the CSXT railroad right -of -way to construct a retaining wall. No relocation will be required. 2. Parcel ID 07804301 - 834 North Church Street - This parcel has a business with it s primary access from North Church Street. A portion of the front parking (four spaces) and access area will be acquired to widen the street and improve the alignment of the 12th Street/North Church Street crossing . No relocation will be required. 3.&4. Parcel ID 07804201 - 122 Tryon -Church Connector Street and 07804307 - 844 North Church Street - A partial acquisition of these two vacant parcels will required to construct a truck turn -around loop on North Church Street to allow truck access to businesse s after the North Church Street roadway/rail at -grade is closed. 5.&6. Parcel ID 07811807, 1125 North Tryon Street and 07811808, 1127 North Tryon Street - Partial acquisition of these two parcels will be required to construct an extension of Wadsworth Place. This extension will provide truck access to businesses along North Church Street after the roadway/rail at -grade is closed. The parcels are vacant in the areas required for acquisitio n and no relocation will be required. 7. Parcel ID 07811801 - 1135 North Tryon Street - Partial acquisition of this parcel will be required to construct an extension of Wadsworth Place; this also will require demolition of the single story building and relocation of the business using this building. 8 . Parcel ID 07811 320 - 1600 North Graham Street - A 10 to 20 foot wide railroad easement will be required on the south side of this parcel to construct the trench and construct the temporary CSXT track and CSXT engine track. 9 . Parcel ID 0 7811310 - 1 001 & 1101 North Church Street - A railroad easement (approximately 10 feet in width) will be required on the south side of this parcel to construct the temporary C SXT track and CSXT escape track. 10. Parcel ID 0 7811901 - 1 001 North Tryon Street - A 5 to 10 foot wide railroad easement will be required on the south side of this parcel to construct the temporary CSXT track and CSXT engine track. The Build Alternative will also require areas for contractors to store and stage equipment/materials, as well as provide for contractor parking and on -site offices. These areas must be located adjacent and central to the Project area and of sufficient space. Two locations ha ve been identified by NCDOT as potential contractor staging/lay down areas. The first area consists of two parcels that have been or will be acquired by NCDOT along Johnson Street (Parcel ID 07823201 and 07823202). The second is an area consisting of nin e vacant parcels Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 29 bounded by North Graham Street, the CSXT railroad, West 12th Street and North Poplar Street. It is NCDOT’s intent to lease these parcels during Project construction. 3.3.3 Environmental Justice & Community Disruption As a means of analyzing the population characteristics of the surrounding community, a Demographic Analysis Area (DAA) was identified. The DAA for the Project includes U.S. Census Bureau Census Tracts 1, 5, 6, 7, 49, and 52. These census tracts lie directly adjacent t o the Project area. Figure 8 (Appendix A) depicts the proximity of each Census Tract to the CSXT/NS Mainline Grade Separation Project area. A review of 2010 U.S. Census data and the latest 5 -year American Community Survey (ACS 2006 -2010) estimates releas ed by the U.S. Census was completed for the DAA to assess the potential for low -income or minority populations within or directly adjacent to the Project. Field observations were also completed to visually verify the results of the data review effort. As indicated in Table 1, the DAA exhibits a higher percentage of minority population when compared to the State of North Carolina, Mecklenburg County, and the city of Charlotte. The most prominent minority class is Black or African American, which constitut es 46.9% of the DAA’s population. The percentage of Black or African American residents within the DAA is considerably higher than that of the State of North Carolina (21.5%), Mecklenburg County (30.8%), and the city of Charlotte (35.0%). All told, resid ents within the DAA identifying themselves as minorities represent 53.1% of the DAA’s total population. Table 1 - Population by Race (2010 Census) Race North Carolina Mecklenburg County City of Charlotte Demographic Analysis Area (DAA) Pop. % Pop. % Pop. % Pop. % White  68.5% 508,946 55.3%  50.0%  46.9% Black or African American  21.5% 282,804 30.8%  35.0%  46.9% American Indian or Alaska Native 122,110 1.3%  0.5%  0.5% 41 0.2% Asian  2.2%  4.6%  5.0%  3.1% Native Hawaiian  0.1% 668 0.1%  0.1% 4 0.0% Some other race  4.3%  6.2%  6.8%  1.1% Two or more races  2.2%  2.6%  2.7% 270 1.6% Percent Minority 31.5% 44.7% 50.0% 53.1% Source: U.S. Census Bureau (2010) As shown in Table 2, the 2006 -2010 5 -year ACS estimates indicate that the median household income within the DAA was $49,286. This figure is higher than the State of North Carolina ($45,570) but lower than Mecklenburg County ($55,294), and the city of Charlotte ($52,446). Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 30 Table 2 - Median household income (2006 -2010 ACS) North Carolina Mecklenburg County City of Charlotte Demographic Analysis Area (DAA) Median household income, 2009 $45,570 $55,294 $52,446 $49,286 Source: American Community Survey (2006 -2010) American Community Survey estimates (2006 -2010) show that 29.7% of the DAA population was living below the poverty level in 2009, which is nearly identical to the State of North Carolina (29.8%) but considerably higher than Mecklenburg County (12.5%), and the city of Charlotte (13.9%) for the same period. Table 3 lists the percentage of population below the poverty level according to American Community Survey esti mates. Table 3 - Population below poverty level (2006 -2010 ACS) North Carolina Mecklenburg County City of Charlotte Demographic Analysis Area (DAA) Income below poverty in the past 12 months 29.8% 12.5% 13.9% 29.7% Source: American Community Survey (2006 -2010) Environmental Justice - As noted in the tables above, the community within and surrounding the Project area (defined as the DAA), does have a higher than average percentage of low -income populations when compared to the estimates for Mecklenburg County, and the City of Charlotte but almost an identical low -income population when compared to the Sta te of North Carolina. Minority population estimates of the DAA resemble the City of Charlotte and Mecklenburg County, but DAA estimates are much higher than minority populations in the State of North Carolina by more than 20%. However, all of the propert ies impacted by the Build Alternative are commercial. No residential homes, community housing projects, or community centers will be directly impacted by the Build Alternative. The Build Alternative will also not directly result in the loss or relocation of any significant sources of employment for surrounding minority or low - income populations. In addition, the roadway/rail at -grade crossing closures and rail/rail grade separations proposed as part of the Build Alternative will not result in the disrupt ion or segmentation of existing communities. Therefore, the Build Alternative will not have a disproportionately high or adverse effect on minority and/or low -income populations. Community Disruption - Aside from the temporary and short -term impacts typical of railroad construction projects (i.e. minor traffic delays on adjacent roadways, temporary detours, etc.), no negative impacts to the communities adjacent to the Project area are anticipated. This grade Executive Order 12898, Federal Actions to Address Environmental Justice in Minority and Low -Income Populations (EO 12898), issued in 1994, directs that each federal agency shall make achieving environmental justice part of its mission. EO 12898 mandates that Federal agencies take appropriate and necessary steps to identify and address disproportionately high and adverse effects of Federal projects on the health or environment of minority and low -income populations to the greatest extent practicable and permitted by law. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 31 separation Project, as currently proposed, will be constructed almost entirely within existing railroad right -of -way and thus will not result in the displacement of community resources. The temporary relocation of the ADM mill flour load -out facilit y will be on property currently zoned for industrial activities. The roadway/rail at -grade crossing closures and rail /rail grade separations proposed as part of the Build Alternative will not result in the disruption or segmentation of existing communitie s . The Project will have an overall positive effect on the adjacent communities, with a reduction in train horn noise and train exhaust emissions from trains waiting to cross the railroad intersection. As outlined in Chapter 4.0 – Public Involvement of this document, no concerns related to the displacement of community resources or community segmentation were expressed at the August 10, 2009 Citizen’s Information Workshop. However, subsequent to the workshop, concerns have been raised by the owners o f the NC Music Factory, the City of Charlotte, and Charlotte -Mecklenburg Police regarding community access to the NC Music Factory during construction. As such, NCDOT has been working with local businesses and the City of Charlotte so that access will be maintained during Project construction through design changes These changes include shifting NC Music Factory Boulevard to maintain four travel lanes and NCDOT participating in the construction of Maxwell Court Extension. A public hearing will be held b efore final adoption of this document, and comments from this public hearing will be considered and incorporated into the final Project design as appropriate. 3.3.4 Safety & Security The Project includes the construction of a 3,400 foot long trench tha t will carry the CSXT SF Line under the NS Mainline. The 3,400 foot long trench represents a potential safety and security risk, so countermeasures have been developed. Security fencing will be installed along the top of both sidewalls over the entire length of the trench to reduce the chance of unauthorized access. Safety niches, lighting, and emergency exit stairways will be provided in the trench for railroad workers. 3.3.5 Hazardous Materials Inventory A hazardous materials inventory was complete d for the Project to identify potential sources of hazardous materials contamination and known sites involved in the use, storage, transport, or disposal of such materials. The inventory included field reconnaissance surveys and searches of appropriate fe deral, state, and local regulatory databases. The hazardous materials inventory was completed for the original CSXT/NS Mainline Grade Separation P roject study area in July 2009. The hazardous materials inventory for the North Church Street portion of the P roject was completed in August 2011. A total of 20 potential hazardous materials sites were identified as being within, or directly adjacent to, the P roject study area. The lo cations of these properties are illustrated in Figure 9 in Appendix A. D etail s on the 20 sites identified can be found in Appendix H. NCDOT will undertake a more detailed study of the 20 potential hazardous material sites identified in the inventory, pri or to any acquisition of new right -of -way and /or construction. One site, the Mecklenburg County Garage at 900 West 12th Street (Parcel ID 07842512) had eleven permanently removed USTs and seven USTs currently in use. In addition to the information cont ained within the regulatory database search for this site, certain regulatory files were available for review. These files were provided by the City of Charlotte and/or Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 32 Mecklenburg County , and contain various documents detailing known asbestos contamination in the soil on this parcel. Within the provided files, there was a letter from the Mecklenburg County Department of Environmental Protection (DEP), dated June 22, 1988, that discussed soil samples collected by the health department from what is now the parking lot areas adjacent to the Mecklenburg County Garage. A general summary of this letter is as follows: • On June 14, 1988, soil samples were collected from what are now the parking lots located adjacent to the Mecklenburg County Garage (w est of the garage). The soil analytical results indicated that a large part, if not all, of the soil in this area was contaminated with asbestos from just below the surface to depths of 12.5 feet. • The letter noted that any disturbance of the asbestos cont aminated soil would require special handling and Mecklenburg County DEP should be consulted in advance. • The Mecklenburg County DEP knew of no current requirement (as of June 22, 1988) to remove the asbestos and , therefore , believed the best management prac tice was to leave it in place with a minimum cover of two feet of stabilized material. The letter noted that the cover should be maintained indefinitely. The proposed Maxwell Court Extension portion of the Project will directly impact the asbestos contaminated area discussed in the June 22, 1988 letter from the Mecklenburg County DEP. The NCDOT will coordinate with the Mecklenburg County Health Department, the North Carolina Department of Health and Human Services, and the EPA to determine the best course of action to minimize disturbance of the soil while constructing Maxwell Court Extension. 3.3.6 Cultural Resources This Project is subject to compliance with Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended, implemented by the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800. NCDOT coordinated with the North Carolina Department of Cultural Resources State Historic Preservation Office (SHPO) in accordance with the Advisory Council's regulations and FRA procedures. Copies of the agency correspondence are in Appendix G. N CDOT consulted with SHPO for both historic and archaeological resources, as described below. Historic Resources Based on field survey s and upon consultation with SHPO, NCDOT determined that several properties listed on the National Register of Historic Place s or eligible for listing on the National Register were within the Project area. A Phase II Historic Architectural Resources Survey was completed for the NCDOT in October 2009 .14 14 Phase II (Intensive Level) Architectural Resources Survey, CSXT/NS Mainline Grade Separation. Mattson, Alexander & Associates, October 19, 2009. A copy of the architect ural survey was transmitted to SHP O on October 21, 2009. In a letter dated December 21, The National Historic Preservation Act (NHPA) of 1969, as amended (16 USC § 470 et, seq.), established a national program to preserve the c ountry’s historical and cultural resources. Section 106 of the NHPA requires federal agencies to consider the effects of their actions on historic properties and provide the President’s Advisory Council on Historic Preservation an opportunity to comment o n the Project. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 33 2009, pursuant to Section 106 of the NHPA and the Advis ory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800, SHPO concurred with the findings and recommendations included in the architectural resources survey. Due to a shift in the Project Area of Pote ntial Effect (APE), an addendum to the Phase II Architectural Resources Survey was completed for the Project in September 2012 .15 A copy of the addendum survey was transmitted to SHPO on September 26, 2012 , and in a letter dated October 18, 2012, SHPO concurred with the addendum survey findings and recommendations . Copies of the agency correspondence and m aps noting the location of these resources are in Appendix G . The Phase II Historic Architectural Resources Survey s identified eight resources eithe r listed on or eligible for listing on the National Register of Historic Places, described below. 1. Southern Asbestos Company Mill 2. Elmwood/Pinewood Cemetery 3. Seaboard Street Historic District 4. Soule Steele and Iron Works 5. Seaboard Air Line Railway Bridge 6. Seabo ard Air Line Railway Passenger Station 7. Orient Manufacturing Company/ Chadwick -Hoskins No. 3 8. Fourth Ward Historic District Southern Asbestos Company Mill (National Register 2008) - The Southern Asbestos Company Mill is listed in the National Register under Criterion A for industry. Makers of fireproof, asbestos textile products , Southern Asbestos was a regional leader in the production of asbestos yarn, thread, and cord from its beginning in 1904 until the plant clo sed in 1982. The complex retains its integrity of location, setting, design, materials, workmanship, feeling, and association and remains eligible under Criterion A. Consisting of two primary, red brick mill buildings connected by a bridge section, the c omplex was constructed in stages between 1904 and 1959 with minor additions in the 1960s. The two main mills are positioned in a V -shaped configuration enclosing a newly paved courtyard. In 2008, the complex underwent a certified rehabilitation for conve rsion to offices and a music entertainment venue. T he National Register boundaries encompass the 7.403 -acre tax parcel that is bordered by NC Music Factory Boulevard, Hamilton Street and Maxwell Court. The two historic buildings front directly onto NC Music Factory Boulevard. The existing railroad corridor is situated across NC Music Factory Boulevard from Southern Asbestos. Elmwood/Pinewood Cemetery (Determination of Eligibility 2003; Local Landmark 2003) - Opened as the city graveyard in 1853 , the seventy -two acre Elmwood/Pinewood Cemetery contains a variety of funerary art including notable examples of Gothic Revival, Egyptian Revival, and Neoclassical mausoleums and Charlotte’s 1887 Confederate monument. Located along the border with the railroad, the Pinewood section is the best -preserved African American cemetery in Mecklenburg County . Elmwood/Pinewood Cemetery was determined eligible for listing on the National Register in 2003 under Criterion A for its association with the city’s African American community and under Criterion C for its fine collection of vernacular and nationally popular funerary designs from the nineteenth and early twentieth centuries. Unchanged since i ts determination of eligibility, the cemetery 15 Supplement Phase II (Intensive Level) Architectural Resources Survey, CSX/NS Mainline Grade Separation. Mattson, Alexander & Associates, September 7, 2012 . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 34 retains all seven aspects of integrity, including integrity of location, setting, materials, design, workmanship, feeling, and association. Elmwood/Pinewood Cemetery is also a local historic landmark. Both t h e National Register boundaries and the local landmark boundaries encompass the seventy -two acres associated with the cemetery during the nineteenth century. The Wilmington, Charlotte, and Rutherfordton Railroad, a predecessor of CSX T , built the original r ail line along the northern edge of Elmwood/Pinewood Cemetery in 1855. It should be noted that the northern boundary of the Cemetery overlaps with the CSXT railroad right -of -way, and that in 1966 the City of Charlotte and the Seaboard Air Line Railroad (a nother CSXT predecessor) entered into an agreement that recognized the Cemetery's encroachment into the railroad right -of -way. T he Cemetery and rail line are separated by a non -descript chain link fence with recent overgrowth of shrubs and trees lining the fence. Seaboard Street Historic District (Determination of Eligibility 2003; Study List 2001) - The Seaboard Street Historic District dev eloped in the late nineteenth and early twentieth centuries on both sides of the Seaboard Air Line Railway at the northern periphery of Charlotte's center city. By the early 1900s, the area included a cotton mill, warehouses, a fuel and ice plant, and gra in elevators. The district remains one of the few intact groupings of historic industrial resources in Charlotte. The Seaboard Street Historic District was placed on the Study List in 2001 and was determined eligible for listing on the National Register in 2003 under Criteria A for industry and C for engineering and design . The study area is bounded by NC Music Factory Boulevard (west), North Smith Street (east), CSX T Railway (north), and West Nin th Street (south). T he Seaboard Street Historic District retains a significant assemblage of historic buildings. The 1917 Interstate Mills complex is a large flour and roller mill operation that includes a five -story, brick building and a group of concrete grain elevators. The circa 1905 John B. Ross Bag Company Warehouse is a one - story, red brick, rectangular building that is the only remaining warehouse from a collection of five storage facilities originally sited along this block. Located south of the Ross warehouse, the circa 190 5 People’s Ice and Coal Company is a sprawling, one -story, brick complex of intersecting sections located in the 700 block of West Nin th Street. The property is one of only two substantially intact, early twentieth century fuel and ice operation s remaining in Charlotte . Given the above factors, t he Seaboard Street Historic District remains eligible for the National Register under Criteria A for industry and C for engineering and design . T he industrial district retains all seven aspects of integ rity, including integrity of location, setting, materials, design, workmanship, feeling, and association. Soule Steel and Iron Works (Determination of Eligibility 2009) - Located on the south side of the CSXT Railroad right -of -way , the Soule Steel and Iron Works encompasses a complex of steel fabricating buildings, an office building, and foundry operations constructed primarily by Soule Steel and Iron Works in the 1940s. Oriented to North Church Street, the main office and manufa cturing building is a stylish, 1940s, modernist edifice. The long, rectangular, brick building to the rear was the original foundry and fabrication plant. The Soule tract also includes a large, two -story, corrugated metal, 1940s foundry alongside the rai lroad tracks. Soule produced ornamental iron and iron castings for air conditioning systems and also engaged in steel fabrication, making steel stairways, structural systems, and sheet metal for modernizing cotton mills and other factories. Soule Steel and Iron Works was determined eligible for listing on the National Register in 2009 under Criterion A for industry. The property retains all seven aspects of integrity, including integrity of location, setting, materials, design, workmanship, feeling, and association. With its processing facilities and office space, the property represents the small -scale foundries and, Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 35 later, steel fabricating enterprises that developed around Charlotte to support the textile mills and the city’s rapid commercial, reside ntial, and industrial development in the early and middle decades of the twentieth century. The property is also one of the rare, historically rail -oriented industrial complexes to remain near Charlotte's center city. The National Register boundaries con form to the current tax parcel (2.041 acres), and the eastern boundary, along the rail corridor, extends to the CSX T mainline track. Seaboard Air Line Railway Bridge (Determination of Eligibility 2009) - Sited immediately northwest of the Seaboard Airli ne Railway Passenger Station is the highly ornamented bridge that carries multiple tracks of the former Seaboard Air Line Railway over four -lane North Tryon Street (U.S. 29) just north of downtown Charlotte. The steel, deck girder bridge has a single main span that is flanked by smaller spans over the sidewalks lining each side of North Tryon Street. Reinforced concrete portal piers separate the sidewalks from the street, and the bridge has reinforced concrete abutments. As a gateway to downtown, the bri dge was embellished with Art Deco motifs executed on the concrete bridge profiles. Tall, stepped piers mark the spans with stepped, geometric brackets under the flat cornice that marks the top of the bridge. Stylized chevrons cap the sidewalk arches, and the metal pipe railings along the tracks repeat the stepped geometry of the piers. The structure is notable for its sophisticated Art Deco styling and retains the seven aspects of integrity, including integrity of location, setting, materials, design, wo rkmanship, feeling, and association. The Seaboard Air Line Railway Bridge was determined eligible for listing on the National Register under Criteria A for transportation and under Criterion C for engineering and design. The National Register boundaries e ncompass only the bridge and its immediate footprint, and the boundaries lie within the existing railroad right -of -way. Seaboard Air Line Railway Passenger Station (National Register 1980; Local Landmark 1980) - The Seaboard Air Line Railway Passenger Station is listed in the National Register under Criterion A for transportation and under Criterion C for architecture. The station was built alongside the Seaboard tracks in 1896, replacing a smaller depot built in 1858 by its predecessor railroad company, the Wilmington, Charlotte, and Rutherfordton Railroad. The 1858 station was destroyed by fire in 1895. The new, large, two -story, brick station has a stuccoed exterior, and its classical elements contrasted w ith the Spanish Mission style of the rival Southern Railway station across the city on West Trade Street. The station was the first public commission of prominent Charlotte architect, Charles Christian Hook. In 1916, Seaboard Air Line architects designed one -story wings on the east and west elevation and employed A.M. Walkup, Inc., of Richmond, Virginia, to undertake the construction. The station remained in operation until 1958 when it was permanently closed to rail passengers. Subsequently, the statio n functioned as a yard office for the railroad, and in 1990, the Charlotte -Mecklenburg Historic Landmarks Commission purchased the station from CSXT Railway. In 1993, the property was acquired by a group of city churches and converted to a daytime shelter and community counseling center for the homeless. The Seaboard Air Line Passenger Station remains eligible for listing on the National Register under the nominated criteria. The station is the only extant nineteenth century rail station in Charlotte and is a rare architectural symbol of Charlotte’s important railroad era. The National Register b oundaries encompass the current 32,147 square foot tax parcel. The National Register boundary and tax parcel line along the rail corridor follow the existing rai lroad right -of -way. However, a portion of the station canopy covering the platform extends into the rail right -of - way, outside the National Register boundary. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 36 Orient Manufacturing Company/Chadwick -Hoskins No. 3 (National Register 2006, Local Landmark 198 5) - Established in 1888 -1889 as the Alpha Mills Company, and expanded significantly in 1901 and 1911, this cotton mill is listed in the National Register under Criterion A for industry and Criterion C for architecture. The property ranks among Charlotte’s finest and most intact early textile mills, having been established in 1888 -1889 as the Alpha Mills Company by the D.A. Tompkins Company. In 1901, the Orient Manufacturing Company acquired this cotton yarn mill and launched a major expansion campaign. In 1908, the mill became part of the large Chadwick -Hoskins textile corporation, and in 1911, an additional two -story wing was constructed to create the present general appearance. The mill operated as Chadwick -Hoskins No. 3 until 1946. The plant retains the original chimney stack and boiler room (1889) and significant elements of the 1901 and 1911 expansions including the ornate stair tower and the multiple -story weaving and spinning rooms. In 2006 -2007, the property underwent a certified rehabilitation for use as apartments. During this adaptive reuse, new apartment buildings were constructed around the north, east, and west sides of the property. However, the mill survives with key architectural components intact and retains its integrity of location , setting, materials, design, workmanship, feeling, and association. The former industrial property remains eligible under the nominated criteria. The National Register boundaries encompass the 5.832 -acre current tax parcel. As part of the adaptive reus e, two to three -story apartment buildings were built along the east side of the property, visually separating the historic buildings associated with the mill from the rail corridor. The National Register boundary along this side extends into the railroad right -of -way up to the tracks, but the right -of -way contains only vegetation and no historic or modern buildings. T his cotton mill is listed in the National Register under Criterion A for industry and Criterion C for architecture . Fourth Ward Historic District (Local Historic District 1976 , Determination of Eligibility 1995) - The northwest quadrant of Charlotte's four original political wards, Fourth Ward developed during the middle and late nineteenth century as a prosperous resid ential area convenient to downtown businesses. Fourth Ward took shape before the advent of streetcar suburbs around the center city and was characterized by a variety of closely spaced residential, commercial, and industrial land uses. The area began to de cline as a premier residential area with the Great Depression and the subsequent suburbanization. By the middle decades of the twentieth century, Fourth Ward had suffered a great deal of residential neglect and demolition. However, beginning in the 1970s, Fourth Ward underwent a dramatic revitalization which has included an abundance of new construction as well as the restoration of the surviving picturesque and Colonial Revival housing stock. The Fourth Ward Historic District was designated a local histor ic district in 1976 by the Charlotte -Mecklenburg Historic District Commission. The district was also determined eligible for listing on the National Register in 1995 under Criterion A for community planning and development and under Criterion C for archit ecture. The historic district includes well - preserved residential streets, commercial buildings, small -scale industrial buildings, and churches. Impacts to Historic Resources Under Section 106 of the NHPA, FRA and SHPO evaluated whether the Project will have no effect, no adverse effect, or an adverse effect on historic properties. "No effect " means that the Project will have no alteration to the characteristics of the historic property. An "adverse effect " is found w hen an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 37 would diminish the integrity of the property's location, design, setti ng, materials, workmanship, feeling, or association. Consideration shall be given to all qualifying characteristics of a historic property, including those that may have been identified subsequent to the original evaluation of the property's eligibility fo r the National Register (36 CFR 800.5). "No adverse effect" means that the Project will impact or alter the historic property, but will not have an adverse effect as defined in 36 CFR 800. The No -Build Alternative would not have an adverse effect on an y of the properties determined eligible for the National Register or currently listed on the National Register. T he NCDOT Rail Division and the FRA met with SHPO on March 22, 2012 and August 16 , 2012 to determine possible effects on the resources from the Project's Build Alternative. NCDOT commissioned a report of the Project's effects on historic resources, and submitted the report to SHPO and the FRA .16 Of the eight historic resources identified, NCDOT and SHPO determined that the Build Alternative will have no effect or no adverse effect on five resources: the Southern Asbestos Company Mill, the Seaboard Air Line Railway Bridge, the Seaboard Air Line Railway Passenger Station, Orient Manufacturing Company/Chadw ick -Hoskins No. 3, and the Fourth Ward Historic District. The Build Alternative will have an adverse effect on the following historic resources : Elmwood/Pinewood Cemetery - The Project will require removal of the existing chain link fence and vegetati on between the CSXT track and the Cemetery. The proposed removal of the fencing and trees and excavation related to the construction of the trench may result in impacts to identified and unidentified grave sites. Seaboard Street Historic District - The P roject propose to remove the following contributing elements to the Historic District: John B. Ross Bag Company Warehouse and People's Ice and Coal Company Plant. The land associated with these properties is needed as it is one of only two sites in the Pr oject area that can provide adequate space for construction equipment storage and material laydown. The land us also needed to construct a temporary flour loading facility for ADM. A portion of the Interstate Mills flour mill complex will also be removed as part of construction of the trench. S oule Steel and Iron Works - Construction of new CSXT tracks south of the proposed trench will be adjacent to the National Register bounda ries. Construction of the new CSXT tracks will require removal of a remnant piece of a elevator craneway adjacent to the CSXT right - of -way. Table 4 includes a summary of the impacts of the Project on all of the identified historic resources . After d etermining the impacts from the Build Alternative, the NCDOT Rail Division, FRA and SHPO signed a Concurrence Form for the Assessment of Effects on September 17, 2012 . A co p y of this form is included in Appendix G. 16 CSXT/NS Mainline Grade Separation Project Historic Resources Evaluation of Effects Report, Gannett Fleming and Mattson, Alexander & Associates , October 23, 2012. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 38 Mitigation Measures FRA, SHPO and NCDOT will also enter into a memorandum of agreement (MOA) to identify mitigation measures to be undertaken. The Charlotte -Mecklenburg Historic Landmarks Commission will be a participating agency in the MOA for the Adverse Effect for the Elmwood - Pine wood Cemetery. The mitigation measures will include the following: • Southern Asbestos Company Mill and Seaboard Street Historic District - NCDOT will ensure that the contractor uses equipment and construction methods that will keep vibration levels below the FTA threshold to prevent structural damage during construction. • Elmwood/Pinewood Cemetery - NCDOT proposes to mitigate impacts by extending the existing wrought iron fence from W est Ninth and Johnson Streets to along the entire trench wall along the cemetery’s north side. Moreover, NCDOT will provide onsite archaeological monitoring of trench construction to avoid or minimize disturbance of grave sites. If graves are identified, NCDOT will p roperly relocate the graves. NCDOT will also avoid disturbing the cemetery circulatory road system during construction. • Seaboard Street Historic District and Soule Steel and Iron Works - For the buildings or other items to be demolished, NCDOT will undert ake a survey to document the buildings, including historic research, developing architectural plans, and conducting a photo archive of the buildings or equipment . Because the Project's impacts on historic resources, NCDOT, SHPO and FRA determined that a S ection 4(f) evaluation should also be completed. Section 4(f) of the U.S. Department of Transportation (USDOT) Act of 1966 grants special protection to publicly owned parks, recreational areas, and wildlife refuges, as well as historic sites that are list ed on or eligible for the NHRP. Section 4(f) states that publicly owned parks recreational lands, wildlife and waterfowl refuge area, or historic sites of national, state, or local significance may not be used for USDOT -funded projects unless there is no feasible and prudent alternative to the use of such land, and such projects must include all possible planning to minimize harm to these lands. The Section 4(f) Evaluation, which includes a discussion on avoidance alternatives, identification of uses/impacts, identification of mitigation measures, and information on coordination with agencies, local government and the public, is included in Chapte r 5.0 - Section 4(f) Evaluation. In addition to coordination with FRA and SHPO, NCDOT has coordinated with the Charlotte - Mecklenburg Historic Landmarks Commission and the Charlotte -Mecklenburg Historic District Commission . NCDOT has applied for a Certifi cate of Appropriateness (CoA) from these agencies for the Project impacts to Elmwood/Pinewood Cemetery and the Fourth Ward Historic District. Table 4 below summarizes the Build Alternative's impacts on historic resources based on the data from the CSXT/NS Mainline Grade Separation Project Historic Resources Evaluation of Effects Report .17 17 See above at 16. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 39 Table 4 - Historic Resources Resource Location Finding Southern Asbestos Company Mill 1000 NC Music Factory Boulevard No Adverse Effect Elmwood/Pinewood Cemetery 700 West Fifth Street Adverse Effect - removal of fence and vegetation along border with CSXT, possible moving of burials Seaboard Street Historic District Bounded by NC Music Factory Boulevard, North Smith Street, CSXT Railroad, West Ninth Street, John son Street Adverse Effect - partial demolition of one contributing structure and full demolition of two contributing structures Soule Steele and Iron Works 847 -901 North Church Street Adverse Effect - removal of remnant craneway equipment adjacent to prop osed tracks Seaboard Air Line Railway Bridge North Tryon Street at CSXT Railroad No Effect Seaboard Air Line Railway Passenger Station 945 North College Street No Effect Orient Manufacturing Company/ Chadwick - Hoskins No. 3 311 East 12th Street No Effect Fourth Ward Historic District Bounded by West Trade Street, West 11th Street, North Church Street, North Smith Street/NS tracks No Adverse Effect Archaeological Resources NCDOT commissioned a more detailed study 18 of the Elmwood/Pinewood Cemetery, give n the proximity of marked and unmarked graves to the CSXT railway and the Project study area. The study surveyed approximately 75 feet south of the boundary fence for the entire length of the railroad along the cemetery boundary, which includes the portio ns of the Cemetery within the CSXT railroad right -of -way. The study included a ground penetrating radar (GPR) survey of this area to identify possible graves. The study determined that this area contains known/marked graves , as well as GPR anomalies whic h could be unmarked graves . Some of the graves are very close to the fence, which will be removed and replaced during construction of the trench. This study was completed in March 2012 and submitted to SHPO. In a memorandum dated March 5, 2012, pursuan t 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, SHPO acknowledged the cemetery survey and report . 18 New South Associates. Archival Research, Mapping and Ground Penetrating Radar Survey at Elmwood/Pinewood Cemetery. March 2012. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 40 To mitigate impacts to the Cemetery, NCDOT will undertake additional archeological research to verify burial sites, and to determine if any burials might be located on the track side of the boundary fence. Should any graves require relocation, NCDOT will follow applicable s tate and federal laws for reburials. 3.3.7 Section 6(f) Resources Following a review of the Project area and a review of the U.S. Department of the Interior's Land and Water Conservation Fund County database, it was determined that no Section 6(f) resources are located within or adjacent to the Project area. Therefore, no Section 6(f) impacts are anticipated as a result of the Project. 3.4 CONSTRUCTION IMP ACTS Construction activities can cause impacts, resulting solely from and limited to the construction period. These impacts are temporary in nature, and diminish as work concludes on the Project. The No -Build Alternative would have no construction impacts. The Build Alternative will have cons truction impacts which are detailed in the sections below. 3.4.1 Temporary Rail Impacts During construction of the trench , a temporary CSXT single -track mainline will be constructed to allow continued rail operations in the Project area. However, CSXT operating speeds on the temporary SF Line will be same as current operating speeds in the Project area (15 mph ). CSXT's ra il storage capacity also will be temporarily reduced, since the CSXT Tryon Yard will be eliminated during construction. NS's Mainline tracks will be temporarily shut down during installation of the NS track bridge over the CSX trench. NCDOT will work wit h CSXT and NS to ensure that temporary impacts to both operating railroads are minimized. More detail on the plans for the temporary tracks and rail operations during construction can be found in Chapter 2. 3.4.2 Temporary Transportation Impacts T he Project will impact NC Music Factory Boulevard during construction , which could last up to three years. Between North Graham Street and Maxwell Court, the Project will temporarily relocate a portion of NC Music Factory Boulevard to allow construction of the temporary CSXT track in the southern portion of the existing NC Music Factory Boulevard right -of -way. Between Hamilton Street an d Maxwell Court, the Project will shift NC Music Factory Boulevard to the north to allow four lanes of traffic during construction. To facilitate traffic flow and proper emergency ingress/egress during events, the Project will extend Maxwell Court around the NC Music Factory and connect the new street to Hamilton Street. This new street will allow for vehicular access to the surface parking for the NC Music Factory. During Project construction, the unaffected right -of -way of NC Music Factory Boulevard be tween Maxwell Court and Hamilton Street will be used for pedestrian access, on -street parking and emergency vehicular access. A diagram of the proposed Maxwell Court Extension is included in Appendix B. Section 6(f) of the Land and Water Conservation Act requires that the conversion of lands or facilities acquired with Land and Conservation Act funds be coordinated with the Department of the Interior. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 41 NCDOT is also in discussions with NS to temporarily re -open the West Ninth Street roadway/rail at -grade crossing to allow construction traffic to access the Project. This crossing was permanently closed in June 2009. Should the crossing be temporarily re -opened, NCDOT will work with NS to install barrier s and other measures to limit the traffic to construction vehicles only, and to be closed/barricaded when not in -use. During construction, some roadway/rail at -grade crossing s such as North Brevard Street, North Davidson Street, and Johnson Street will be temporar il y closed with signed detours. The temporary closure of North Davidson Street will require the detour of some CATS bus routes (#23 and #3) to use North Caldwell Street. However, it should be noted that CATS buses already use North Caldwell Stre et as an alternate route when CSXT freight train s are parked on the North Davidson Street crossing awaiting clearance from NS. NCDOT will work with CATS and the City of Charlotte to develop signed detour routes and other actions to minimize impacts. 3.4.3 Temporary Business Operations Access to area businesses will be maintained during construction. As noted in 3.4.2, access to the NC Music Factory entertainment complex will be maintained during P roject construction. The Project will impact the ope rations of the ADM flour mill located south of NC Music Factory Boulevard . To maintain mill operations and rail and truck access to the mill during Project construction , a new rail grain unloading shed and tracks serving ADM will be constructed. In addit ion, a temporary flour load -out facility will be constructed to allow ADM to deliver flour during construction of the t rench . Vehicular access to the mill also will be maintained during construction . Detail on the changes to ADM operations can be found i n Chapter 2. Access to businesses on North Church Street will be maintained through construction of area street improvements, as detailed in Chapter 2. 3.4.4 Solid Waste Disposal Demolition and construction activities will likely result in the accumulation of solid waste at the construction site. Solid waste will be disposed of in accordance with State and local requirements throughout the duration of construction .19 3.4.5 Use of Energy Resources During construction, there will be an increase in energy usage due to construction related activities. However, upon the completion of construction, the project will facilitate more efficient operations for trains and an elimination of automobile idling due to stopped trains, resulting in lower energ y usage . 3.4.6 Use of Other Natural Resources The use of other natural resources, for example water, minerals, and timber, will be minimal during construction of the Build Alternative. NCDOT will use BMP's during construction to minimize adverse impact s to natural resources both onsite and adjacent to the construction boundary. 19 NC Division of Waste Management solid waste guidelines, http://portal.ncdenr.org/web/wm/sw Mecklenburg County Solid Waste Department guidelines, http://charmeck.org/mecklenburg/county/SolidWaste/ConstructionRecycling/Pages/default.aspx Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 42 3.5 AESTHETIC AND DESIGN QUALITY IMPACTS The No -Build Alternative will no t create any changes to the view of the railroad corridor no r have any other aesthetic or design quality impacts. The Build Alternative will create t emporary visual impacts attributed to construction activities , which will be greatest for those residents, patrons, and employees directly adjacent to the constructio n site. Views of heavy equipment and material stockpiles will be commonplace throughout the duration of construction. To mitigate the temporary visual impacts of the trench construction from the NC Music Factory , NCDOT will install a visual barrier betw een the temporary CSXT SF Line and NC Music Factory Boulevard from Hamilton Street to west of Johnson Street. The Project is located within an urbanized area, with many properties adjacent to the CSXT and NS zoned for industrial or commercial use. The Project will add railroad tracks, retaining walls, and security fencing, and thus most visual changes will be similar to existing conditions within the Project area. However, the Project area also includes public space (Elmwood/Pinewood Cemetery), entertainment areas (NC Music Factory), and residential areas . To mitigate visual impacts to these land uses, NCDOT will undertake the following measures: • NCDOT will repl ace the existing chain link fence separating the Elmwood/Pinewood Cemetery and the CSXT railroad with a decorative fence that is similar in appearance to other fences around the Cemetery. Where feasible, NCDOT will also landscape the area along the new fe nce, when such landscaping does not interfere with existing graves in the Cemetery. • In Fourth Ward, NCDOT will install landscaping east of the proposed ADM west tracks to visually screen the tracks from residences along North Smith Street. • Where needed, NC DOT will replace existing vegetation screening between the CSXT railroad and residences located along North Caldwell and North Brevard Street. 3.6 POSSIBLE BARRIERS TO THE ELDERLY AND HANDICAPPED The No -Build Alternative would not impact the elderly or handicapped populations . Construction of the Build Alternative is not anticipated to result in barriers to the elderly and handicapped populations. Access to area resources such as the NC Music Factory will be maintained at all times during and following construction. Pedestrian access to Uptown Charlotte will be maintained via NC Music Factory Boulevard and North Graham Street , as well as via North Tryon Street, North Brevard Street, and North Davidso n Street . The Project will also include replacing the Johnson Street roadway/rail at -grade with a pedestrian bridge over the CSXT trench to allow pedestrian access between NC Music Factory Boulevard and the entrances to Elmwood/Pinewood Cemetery on West N inth and Johnson Streets. 3.7 PUBLIC HEALTH The No -Build Alternative will not impact public health. No impacts to public health are anticipated as a result of the Build Alternative . Air quality assessments show the Project to be below air quality thre sholds and thus considered regionally insignificant. The Project is not expected to result in major impacts to hazardous materials, wetlands, or area streams and waterways . NCDOT will follow BMPs to minimize impacts. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 43 3.8 PUBLIC SAFETY The No -Build Alternative could have a n egative impact on public safety. Specifically, the No - Build Alternative would not prevent possible collisions between trains on the NS tracks (passenger and freight) and CSXT trains, and between CSXT trains and vehic les at roadway/rail at -grade crossings. The Build Alternative will improve overall public safety through the elimination of four roadway/rail at -grade crossings, and through the elimination of the CSXT/NS railroad at -grade intersection. The Project will also include security fencing to minimize trespassing onto railroad right -of -way, and security fencing along both sides of the CSXT trench. Given the typical hazards associated with a construction site, particular attention will be given to the maintenan ce of public safety for the duration of construction. Public access to the construction site will be limited to the greatest extent possible through the use of temporary fencing, warning signs, or other safety precautions. 3.9 RECREATIONAL OPPORTUNITIE S The No -Build Alternative would have no impacts to recreational facilities nor restrict access to recreational opportunities. Construction of the proposed CSXT trench under the Build Alternative is not anticipated to impact recreational opportunities in and around the Project study area. The Project will not permanently alter access to local recreational resources such as the NC Music Factory. No parks or public recreation lands are located wit hin or directly adjacent to the Project study area. Access to Elmwood/Pinewood Cemetery will be maintained via existing entrances . 3.10 SECONDARY & CUMULATI VE IMPACTS Secondary Impacts - According to NCDENR, there are two types of secondary impacts, enc roachment -alteration effects and growth -inducing effects. Encroachment -alteration effects may include impacts to the function of natural systems resulting from an action. One example would be the degradation of natural habitats due to an increase in poll ution. Growth -inducing effects characterize how construction of a Project may ultimately affect development patterns and densities. An example would be changes in land -use and development made possible by increased accessibility .20 A purpose of this pro ject is to address the inefficiencies in the freight and passenger rail operations in Charlotte due to the existence of the CSXT /NS at -grade crossing. NS and CSXT both have initiatives (Crescent Corridor and National Gateway, respectively) that will result in a significant increase in freight train volumes in the near future. NCDOT is experiencing dramatic growth in ridership along the Piedmont Corridor, CATS is looking to address growth in Northern Mecklenburg County with the CATS Red Line Commuter Rail, and the Charlotte Gateway Station is looking to improve multi -modal connections. Not constructing the project would severely imp act the ability of these initiatives to be implemented. As such, the No -Build would 20 NC Department of Natural and Environmental Resources. Guidance for Preparing SEPA Document and Addressing Secondary and Cumulative Impacts. http://portal.ncdenr.org/web/guest/rules -policies - laws -and -regulations Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 44 limit the impact of the NS and CSX T initiatives in the Charlotte region and hamper the implementation of passenger rail programs in the Charlotte region. The improved fre ight service may make Charlotte more attractive to rail dependent industries. This may also increase economic activity resulting from the addition of industries relocating to Charlotte to benefit from the improved freight access . The Build Alternative wi ll also result in the demolition of some warehousing adjacent to the trench along Johnson Street. A secondary impact may be that these parcels will likely be redeveloped into non -warehousing uses. The Build Alternative will have little encroachment -altern ation effects, since it is within an active railroad corridor. Cumulative Impacts - The purpose of performing a cumulative impact analysis is to determine the magnitude and significance of cumulative effects, both adverse and beneficial. According to N CDENR, cumulative impacts can come as a result of multiple or single projects and can be “additive” or “synergistic”. Additive impacts are the effects that multiple projects lend towards the degradation of a common environmental feature. Synerg is tic impa cts can be considered the effects of multiple disturbances, when combined, are greater than the sum of individual disturbances (NCDENR, 2009). The No -Build Alternative would not provide any benefits to regional air quality as locomotives along the CSXT SF Line would continue to idle when delayed at the existing at -grade intersection . Additionally, the number of delays , and therefore the length of idling , will increase proportionally as the number of anticipated freight, commuter, and passenger trains in crease. Noise levels associated with trains traversing the existing at -grade roadway/rail crossings would not be eliminated. The Build Alternative will have both beneficial and minor adverse cumulative impacts. This alternative will benefit overall air quality by eliminating the need for CSXT locomotives to idle prior to traversing the existing at -grade railroad crossing. Addi tionally, improved passenger rail service will reduce the public’s need to travel by motor vehicle , thereby reducing overall vehicle emissions. More efficient passenger rail service to the city of Charlotte will also act as a catalyst for transit -oriented development adjacent to stops throughout the city. A minor adverse cumulative impact related to stormwater will occur as part of the Project. The addition of impervious cover resulting from the construction of the CSXT SF Line trench will increase storm water runoff from this area. Although anticipated to be minimal, this will result in an increase in the volume of stormwater conveyed to Irwin Creek during high runoff events. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 45 3.11 SUMMARY OF ENVIRONME NTAL CONSEQUENCES FOR THE BUILD ALTERN ATIVE Sec tion of EA Summary of Impacts Proposed Mitigation 3.1.1 Air Quality No Impact. The results of the Applicability Analysis as part of the General Conformity process showed the Project to be below threshold and regionally insignificant. Not applicable. 3.1.2 Noise & Vibration Minor Impact. No increases in noise levels are anticipated as a result of the Build Alternative. The use of some construction equipment and techniques may cause vibration above FTA thresholds for older buildings, which might damage buildings closest to the Project. NCDOT will require the contractor to use equipment that will produce vibrations below FTA thresholds. For the ADM mill, NCDOT will conduct additional structural investigations and determine more precisely the co nstruction techniques and equipment to be used. 3.1.3 Water Quality Minor Impact. The Build Alternative will not permanently impact water quality and will not cause a change in the Class C classification designated by NCDENR DWQ. However, the Build Alternative will encroach upon two Mecklenburg County 35 -foot post -construction Surface Water Improvement & Management (SWIM) buffers. Temporary impacts associated with construction stormwater and sedimentation may occur as part of construction activities. NCDOT will undertake BMPs in accordance with NCDENR DWQ's Design Standards in Sensitive Watersheds and Stormwater Best Ma nagement Practices. 3.1.4 Water Bodies & Waterways Minor Impact. The Build Alternative will result in permanent impacts to one intermittent tributary to Irwin Creek along the proposed Maxwell Court Extension. However, the project will increase the total linear feet of the tributary that is open. Temporary impacts a ssociated with construction stormwater and sedimentation may occur as part of construction activities. NCDOT will undertake BMPs in accordance with NCDENR DWQ's Design Standards in Sensitive Watersheds and Stormwater Best Management Practices. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 46 Sec tion of EA Summary of Impacts Proposed Mitigation 3.1.5 Floodplains No Impact. The Build Alternative will not permanently impact the 100 - year floodplain of Little Sugar Creek or the 100 -year floodplain of Irwin Creek. Not Applicable. 3.1.6 Wetlands No Impact. There are no wetlands within the Project area. Therefore, the Project will not have permanent, temporary, secondary, or cumulative wetland impacts . Not Applicable. 3.1.7 Coastal Zones No Impact. This Project is located in Mecklenburg County, which is not one of North Carolina’s 20 coastal zone counties. Not Applicable. 3.1.8 Farmland No Impact. The areas adjacent to the Project area are developed and urban in nature. No land exhibiting the criteria of farmland is present within or adjacent to the Project area. Not Applicable. 3.2.1 Ecologically Sensitive Areas No Impact. A survey of the Project area found no ecologically sensitive areas, wildlife habitat, or designated critical habitat areas. Not Applicable. 3.2.2 Threatened & Endangered Species No Impact. Field surveys found no evidence of federal or state -listed threatened and endangered species within the Project area . Not Applicable. 3.3.1 Transportation Minor Impact. The Build Alternative will have a positive impact on freight and rail transportation by eliminating the need for CSXT trains to waiting for NS clearance to proceed. The Build Alternative will permanently eliminate two public and two private roadway/rail at -grade crossings to vehicular traffic but will ensure alternate access. Some off -street parking areas will be relocated. See proposed mitigation under Section 3.4.2. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 47 Sec tion of EA Summary of Impacts Proposed Mitigation 3.3.2 Land Use, Zoning, & Property Acquisition Minor Impact. The Build Alternative will not have a significant impact on land use or zoning as it will be consistent with existing land use plans and local planning documents. The Build Alternative will require the total take of four parcels , plus construction and ra ilroad easements . The County's vehicle maintenance garage and the county surface parking area will be relocated . Truck p arking for the ADM mill will be relocated. Not Applicable. 3.3.3 Environmental Justice & Community Disruption No Impact. No disproportionately high or adverse effects to the identified low -income or minority populations are anticipated. The Build Alternative will not result in the disruption or segmentation of existing communities. The Project will have an overall posit ive effect on the adjacent communities, with a reduction in train horn noise and train exhaust emissions from trains waiting to cross the railroad intersection. Not Applicable. 3.3.4 Safety & Security Minor Impact. The trench represents a potential safety risk. NCDOT will incorporate s afety and security countermeasures (i.e. security fencing, safety niches, lighting, and emergency exit stairways) into the Build Alternative. 3.3.5 Hazardous Materials Inventory Minor Impact. 20 potential hazardous material sites were identified within the Project study area. The right -of -way for the proposed Maxwell Court Extension includes soil that has been identified by Mecklenburg County as containing asbestos, likely from th e adjacent Southern Asbestos Company Mills. NCDOT will undertake a more detailed study of the sites identified in the inventory prior to acquisition of right -of -way or construction. For Maxwell Court Extension, NCDOT will work with EPA, Mecklenburg C ounty and NCDENR and develop a plan to mitigate and/or remove the material s . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 48 Sec tion of EA Summary of Impacts Proposed Mitigation 3.3.6 Cultural Resources Adverse Effect. The Build Alternative will have an adverse effect on Elmwood/Pinewood Cemetery through removal of the existing fence and vegetation adjacent to the CSXT railroad , which may require moving unmarked burials. The Build Alternative will have an adverse effect on the Soule Steel and Iron Works by requiring removal of a piece of craneway equipment from the railroad right -of -way. The Build Alternative will also have an adverse effect on the Seaboard Street Historic District, by requiring full or partial demolition of structures. NCDOT will enter into a Memorandum of Agreement with FRA and SHPO to document efforts to minimize and mitigate the effects of the Project on historic resources. Elmwood/Pinewood Cemetery : NCDOT will monitor construction activities to determine if there burial sites that have not yet been identified. If burial sit es are identified in areas to be disturbed by the Project construction, NCDOT will follow applicable state and federal laws to reinter the remains. NCDOT will install a decorative fence, and plantings will be installed along the edge of the trench betwe en the cemetery and railroad once the trench is completed. Seaboard Street Historic District & Soule Steel and Iron Works : For the structures that will be demolished through construction of the trench , contractor staging/laydown area, and partial relocati on of ADM facilities, NCDOT will undertake a survey to document the buildings, including historic research, developing architectural plans, and conducting a photo archive of the buildings or equipment . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 49 Sec tion of EA Summary of Impacts Proposed Mitigation Section 4(f) Resources (chapter 5) Uses . For Elmwood/Pinewood Cemetery, t he Build Alternative will cause removal of the existing fence and vegetation adjacent to the CSXT railroad , which may require moving unmarked burials. The Build Alternative will require removal of a piece of craneway equipm ent from the railroad right -of - way at the Soule Steel and Iron Works. In the Seaboard Street Historic District, the Project will require full or partial demolition of structures. NCDOT will enter into a Memorandum of Agreement with FRA and SHPO to docu ment efforts to minimize and mitigate the effects of the Project on Section 4(f) resources , as described above under Cultural Resources. 3.3.7 Section 6(f) Resources No Impact. There are no Section 6(f) resources in the Project area. Not Applicable. 3.4.1 Temporary Rail Impacts Minor Impact . Rail service will continue during construction on both the CSXT and NS mainlines. CSXT rail storage capacity will be temporarily reduced with the removal of the CSXT Tryon Yard. NCDOT will coordinate with CSXT and NS to ensure that temporary impacts to both railroads are minimized. 3.4.2 Temporary Transportation Impacts Minor Impact. NC Music Factory Boulevard will be shifted to allow construction of a temporary CSXT track , and will be reduced to two travel lanes between Maxwell Court and Hamilton Street during construction. On -street parking along NC Music Factory Boulevard will be temporarily eliminated. Some CATS bus routes will be temporarily re -routed during construction. NCDOT will participate with the City of Charlotte in construction of Maxwell Court Extension to ensure access to NC Music Factory. NCDOT will coordinate with the City of Charlotte and CATS to minimize impacts. 3.4.3 Temporary Business Impacts Minor Impact . Access to area businesses such as the NC Music Factory and ADM mill will be maintained. Businesses on North Church Street will have other roadway improvements completed to mitigate the closure of the Church Street roadway/rail at -grade crossing . NCDOT will construct a t emporary flour and bulk load -out facility for ADM to maintain operations. NCDOT will coordinate with ADM, NS and CSXT to maintain mill operations during Project construction. Where feasible, NCDOT will construct area street improvements as an early pha se to maintain business access. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 50 Sec tion of EA Summary of Impacts Proposed Mitigation 3.4.4 Solid Waste Disposal No Impact. Solid waste resulting from construction will be disposed of in accordance with State and local requirements throughout the duration of construction. Not Applicable. 3.4.5 Use of Energy Resources No Impact. During construction, there will be an increase in energy usage due to construction related activities. However, upon the completion of construction, the project will facilitate more efficient operations for trains and an elimination of automobile idling due to stopped trains, resulting in lower energy usage . Not Applicable. 3.4.6 Use of Other Natural Resources No Impact . The use of other natural resources will be minimal during construction . Efforts will be made during construction to minimize adverse impacts to natural resources both onsite and adjacent to the construction boundary. Not Applicable. 3.5 Aesthetic and Design Quality Impacts Minor Impact. Temporary visual impacts attribute d to construction activities will occur. Views of heavy equipment and material stockpiles will be commonplace throughout the duration of construction. Visual changes will occur in around Elmwood/Pinewood Cemetery, NC Music Factory, and residential areas adjacent to the railroad corridor. Where feasible, NCDOT will install a visual barrier between the temporary CSXT SF Line and NC Music Factory Boulevard. NCDOT will install a decorative fence and landscaping separating the CSXT railroad and Elmwood/Pinewood Cemetery. NCDOT also will install landscaping east of the proposed ADM west tracks to visually screen the tracks from residences along Smith Street. Where needed, NCDOT will replace existing vegetation screening between the railroad and residences located along North Brevard and Caldwell Streets. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 51 Sec tion of EA Summary of Impacts Proposed Mitigation 3.6 Possible Barriers to Elderly and Handicapped No Impact. Construction of the Project is not ant icipated to result in barriers to the elderly and handicapped populations. Access to area resources such as the NC Music Factory will be maintained at all times during and following construction. The Project will include replacing the Johnson Street road way/rail at -grade crossing with a pedestrian bridge over the CSXT trench to allow pedestrian access between NC Music Factory Boulevard and the entrances to the Cemetery. Not Applicable. 3.7 Public Health No Impact. No impacts to public health are anticipated as a result of the Build Alternative. Air Quality assessment show the Project to be below air quality thresholds, and the Project is not expected to have major impacts to hazardous materials, wetlands, area stre ams or waterways. Not Applicable. 3.8 Public Safety Minor Impact. The Build Alternative will improve overall public safety through the elimination of four roadway/rail at -grade crossings, and through the elimination of the CSXT/NS railroad at -grade in tersection. Particular attention will be given to the maintenance of public safety for the duration of construction. The Project will include security fencing to minimize trespassing onto railroad right -of -way, and security fencing along both sides of t he CSXT trench. Public access to the construction site will be limited through the use of temporary fencing, warning signs, or other safety precautions. 3.9 Recreational Opportunities No Impact. Construction of the proposed CSXT trench is not anticipated to impact recreational opportunities in and around the Project study area. The Project will not permanently alter access to local recreational resources such as the NC Music Factory . No parks or public recreation lands are locat ed within or directly adjacent to the Project study area. Access to Elmwood/Pinewood Cemetery will be maintained. Not Applicable. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 52 Sec tion of EA Summary of Impacts Proposed Mitigation 3.10 Secondary & Cumulative Impacts Minor Impact. The improved freight service may Charlotte more attractive to rail dependent industries. This may also increase economic activity resulting from the addition of industries relocating to Charlotte to benefit from the improved freight access. The Build Alternative will also result in the demolition of some warehousing adjacent to the trench along Johnson Street. A secondary impact may be that these parcels will likely be redeveloped into non - warehousing uses. The Build Alternative will have little encroachment -alternation effects, since it is withi n an active railroad corridor. Not Applicable. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 53 CHAPTER 4.0 - COORDINATION & CONSU LTATION In accordance with NEPA, the NCDOT initiated c oordination and consultation with agencies, stakeholders, and the general public so that comments and concerns would be addressed throughout P roject development. The following sections summarize the coordination and consultation activities completed for the Project . 4.1 AGENCY COORDINAT ION Early coordination with various resource agencies was completed for this P roject. The purpose of the agency coordination effort was to gain an understanding of potential environmental impacts associated with the Project . An early -agency coordination letter was drafted and distributed by the NCDOT Rail Division on May 27, 2009. An example of the early -agency coordination letter distribut ed for the Project is included in Appendix D. The early -agency coordination letter was sent to the following resource agencies : NCDOT received comments from nine of the above -listed agencies. Of the agencies that responded, two responded with “no comment .” Copies of the agency response letters received have been included in Appendix D. • North Carolina Wildlife Resources Commission – Habitat Conservation Program • North Carolina Department of Environment & Natural Resources (NCDENR ) - Division of Water Quality • NCDENR - Division of Water Resources • NCDENR - Division of Environmental Health • NCDENR - Division of Air Quality • NCDENR - Division of Land Quality • NCDENR - Division of Forest Resources • NCDENR - Natural Heritage Program • NCDENR - Division of Soil & Water Conservation • NC Department of Cultural Resources • State Historic Preservation Office – Division of Ar chives & History • U.S. Fish & Wildlife Service • U.S. Army Corps of Engineers • U.S. Department of Agriculture - Natural Resources Conservation Service • U.S. Environmental Protection Agency – Region 4 • NC Department of Transportation – Division 10 • NC Geological S urvey • Meck lenburg -Union Metropolitan Planning Organization • Mecklenburg County Land Use & Environmental Services Agency Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 54 4.2 PUBLIC INVOLVEME NT A Citizen’s Information Workshop (CIW) was conducted on August 10, 2009 at the Charlotte - Mecklenburg Government Center, Room CH -14, from 5 p.m. to 7 p.m. (See Photo 4). The purpose of the CIW was to inform the public of and solicit input on two projects, one being the CSXT/NS Mainline Grade Separation Project. A total of 33 people attended the CIW . Project - related handouts and comment sheets were distributed to those in attendance. Each attendee was afforded the opportunity to view P roject exhibits, discuss the P roject with representatives from NCDOT Rail Division and NCDOT’s engineering consultant, Gannett Fleming, Inc., and complete a comment sheet. A total of 5 comments were received from meeting attendees. More detailed information on the CIW, including copies of the ha ndouts distributed, copies of the P roject exhibits, and a summary of public input is available in the Citizen’s Information Workshop Summary located in Appendix F of this document. In addition to the August 2009 CIW, NCDOT met with neighborhood groups inc luding the Third Ward Association, Friends of Fourth Ward, local government agencies from the City of Charlotte and Mecklenburg County, the Charlotte -Mecklenburg Police Department, as well as area businesses including the NC Music Factory and ADM to discu ss the P roject and receive input on potential temporary and permanent impacts from the Project . Following FRA approval of this EA, a public hearing will be scheduled to afford citizens an opportunity to review and comment on the Project . C omments from this public hearing will be considered and incorporated into the final P roject design as appropriate and addressed in the Finding of No Significant Impacts . Photo 4 – August 10, 2009 CIW Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 55 CHAPTER 5.0 - SECTION 4(F ) EVALUATION 5.1 PURPOSE OF SECTION 4(f) EVALUATION This Section 4(f) evaluation was prepared in conjunction with the planning and environmental analysis for the Project located in Charlotte, North Carolina. The Project is undertaken by the NCDOT Rail Divis ion and is part of the NCDOT's Charlotte Railroad Improvement & Safety Program (CRISP). NCDOT proposes to grade separate the existing at -grade intersection of the CSXT SF rail line and the NS mainline, the two major Class I railroads in Center City Charlo tte. The proposed Project will place the CSXT mainline in a 3,400 foot long trench that will run below the existing grade of the NS tracks. This Project will eliminate existing roadway/rail at - grade crossings and will grade separate the existing diamond r ail/rail intersection (see Photo 5). The term grade separation simply means to elevate one roadway/rail over the other by means of bridging/tunneling. This grade separation will enhance safety, reduce noise, emissions and energy use, while improving rail operations and increasing efficienc ies for freight and passenger rail. NCDOT is currently in the Preliminary Engineering phase and is completing this EA for the proposed Project. The draft EA and Section 4(f) evaluation are based upon conceptual engineering plans completed in 2009 through 2010 and upon 25 % engineering plans completed in November 2011. This chapter evaluates the effects of the proposed Project on the historic resources identified in the Phase II Archit ectural Resources Survey prepared by Mattson, Alexander and Associates, Inc. dated October 19, 2009 and a supplement al survey dated September 7, 2012 .21 Eight properties surveyed during the Phase II investigation are either listed in the National Register of Historic Places or were determined eligible for listing. The North Carolina SHPO concurred with the findings of the 2009 investigative survey in a letter dated December 21, 2009. An Evaluation of Effects Report 22 was developed by Gannett Fleming and Mattson, Alexander and Associates, Inc. to identify the impacts of the Project on the identified historic resources . After determining the impacts from the Build Alternative, the NCDOT Rail Division, the FRA and SHPO s igned a Concurrence Form for the Assessment of Effects on September 17, 2012. A copy of this form is included in Appendix G. More detail on the Phase II survey and agency coordination is described in Section 3.3.6. This EA has been prepared in accordance with the NEPA, the North Carolina State Environmental Policy Act, and the National Historic Preservation Act (NHPA) of 1966. Because the Project falls under the jurisdiction of the US Department of Transportation (USDOT) Act of 1966, this chapt er has also been prepared per legislation that governs USDOT projects and their impacts on public parks, wildlife refuge s , recreation area s , or historic site s (commonly referred to as “Section 4(f)”). 21 See above at 14. 22 See above at 15. Photo 5: Existing CSXT /NS diamond intersection Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 56 5.2 APPLICABILITY OF SECTION 106 AND OF SECTION 4(F) TO THE PROJECT 5.2.1 Section 106 Applicability Section 106 of the NHPA requires that if a federally funded, licensed, or permitted project has an effect on a property listed in, or potentially eligible for listing in the National Register of Historic Pla ces, the Advisory Council on Historic Preservation, the State Historic Preservation Office and other consulting parties be given reasonable opportunity to comment on such undertakings. To assist in this review NCDOT has undertaken an evaluation of effects on the historic resources identified in the earlier investigative survey. The evaluations of effects presented in this EA are based on the regulations implementing Section 106 of the NHPA . Federal undertakings are considered to have "adverse effects" if they will damage, destroy, or encroach upon land from a historic property or otherwise alter the qualities that make the resource eligible for the National Register of Historic Places. Specifically, adverse effects may be caused by the following conditions: • Physical Destruction/Damage • Alteration of a property • Removal of a property from its historic location • Change of the character of a property’s use or of physical features within a property’s setting that contribute to its his toric significance • Introduction of visual, atmospheric or audible elements that diminish the integrity of a property’s significant historic features • Neglect of a property that causes its deterioration Adverse effects may result from the direct actions of the project, as in the case of property acquisitions, or they may be the consequence of indirect and cumulative impacts. Changes in zoning, increased needs for parking and market demands for new development are all examples of the types of adverse eff ects that may result from federal undertakings. Both direct and indirect impacts have been assessed. For the Project, eight sites were determined eligible for or are listed on the National Register of Historic Places. Of those eight sites , the Project will have an "adverse effect" on three sites (Elmwood/Pinewood Cemetery, Seaboard Street Historic District, and Soule Steel and Iron Works). A more detailed description of the effects on each resource can be found in Section 3.3.6 of this EA and in the r eport CSXT/NS Mainline Grade Separation Project Historic Resources Evaluation of Effects .23 5.2.2 Section 4(f) Applicability The NCDOT prepared this evaluation to meet the requirements set forth in Section 4(f) of the USDOT Act of 1966 (49 USC 303). A Section 4(f) evaluation is required when a federally funded transportation action uses or has the potential to use an historic site that is listed on or eligible for the NRHP, or a publicly owned park, recreational area, or wildlife refuge. Section 4(f) requires that publicly owned parks, recreation lands, wildlife and waterfowl refuge areas, or historic sites of national, state, or local significance may not be used for USDOT -funded projects 23 See above at 16. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 57 unless there is no feasible and prudent alternative to the use of such land and such projects include all possible planning to mitigate harm to these lands. A ”use” occurs when : (1) land is permanently incorporated into the transportation facility through property acquisition or a permanent easement : (2) a temporary occupancy occurs where the Section 4(f) property, in whole or in part, is required for project construction -related activities i n a manner that is adverse in terms of the preservation purpose of Section 4(f): or (3) through a constructive use , which involves no actual physical use of the Section 4(f) property but proximity impacts that result in substantial impairment to the Sectio n 4(f) property’s activities, features, or attributes that qualify the property for protection under S ection 4(f). This evaluation provides the necessary information for the FRA to render a Section 4(f) finding. The FRA must determine whether there a re feasible and prudent alternatives to the use of Section 4(f) resources necessitated by the proposed federal action and if not then that the Project includes all possible planning and mitigation measures to minimize harm resulting from such use. 5.3 DESCRIPTION OF SECTION 4(F) RESOURCES Based on a search of records, surveys, and GIS data, NCDOT has determined that there are no p ublicly owned parks, recreation lands, wildlife and waterfowl refuge areas affected by the Project. Therefore, only the eig ht properties identified in the historic resources survey s 24 were evaluated under Section 4(f). Below is a list of the Section 4(f) resources identified in the survey of the Project study area. Descriptions of each resource can be found in Section 3.3.6 . 1. Southern Asbestos Company Mills 2. Elmwood/Pinewood Cemetery 3. Seaboard Street Historic District 4. Soule Steel and Iron Works 5. Seaboard Air Line Railway Bridge 6. Seaboard Air Line Passenger Station 7. Orient Manufacturing Company/Chadwick -Hoskins No. 3 8. Fourth Ward H istoric District The map below shows the Project footprint and the eight identified resources. A larger version of this map is included in Appendix G . 24 See above at 14 and 15. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 58 Map: CSXT /NS Mainline Grade Separation Project, Section 4(f) Resources Under Section 106 of the NHPA, FRA and SHPO evaluated whether the Project will have no effect, no adverse effect, or an adverse effect on historic properties. "No effect" means that the Project will have no alteration to the characteristics of the historic property. An "adverse effect" is found when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property's locat ion, design, setting, materials, workmanship, feeling, or association. Consideration shall be given to all qualifying characteristics of a historic property, including those that may have been identified subsequent to the original evaluation of the propert y's eligibility for the National Register (36 CFR 800.5). "No adverse effect" means that the Project will impact or alter the historic property, but will not have an adverse effect as defined in 36 CFR 800. NCDOT and FRA coordinated with SHPO on March 22, 2012 and August 16 , 2012 to determine the effects of the Project on the eight historic resources under Section 106 . A copy of the Determination of Effect s form for this Project was signed by SHPO on September 17, 2012 and is included in Appendix G. The Project will have "no effect" or "no adverse effect" on five resources: • Southern Asbestos Company Mill (no adverse effect) - The Project is outside of the proposed National Register Boundaries of this resource. However, to avoid possible structural damage from vibration impacts during construction, NCDOT will ensure that the contractor uses equipment and construction methods that will keep the vibration levels below FTA thresholds. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 59 • Seaboard Air Line Railway Bridge (no effect) - The Project will con struct new tracks on the bridge, but this will not alter the relationship of the historic resource to the rail line, and track design speeds will remain as existing. • Seaboard Air Line Passenger Station (no effect) - The Project will construct new tracks t hat will be outside of t h e National Register boundaries, and wi ll n ot alter the relationship of the resource to the rail corridor. Track design speeds will remain as existing. • Orient Manufacturing Company /Chadwick -Hoskins No. 3 (no effect) - The Project will construct in -kind replacement of the existing rail tracks. All improvements will be outside of the proposed National Register boundaries. • Fourth Ward Historic District (no adverse effect) - The Project will construct new tracks outside of the existi ng railroad right -of -way. However, the new tracks will not alter the relationship of the rail corridor to the historic district, and the Project improvements will have no impacts to resources within the district. NCDOT and FRA also evaluated the above fi ve resources under Section 4(f), and determined that the Project will not use, nor have the potential to use, these resources. Therefore, NCDOT removed these five resources from further evaluation under Section 4(f). The Project will have an "adverse effect" on three historic resources: Elmwood/Pinewood Cemetery, Seaboard Street Historic District, and Soule Steel and Iron Works . T he Project will also use these resources under Section 4(f). As such, NCDOT undertook an additional evaluation of the Project alternatives and uses of the resources as required by Section 4(f). Avoidance alternatives that were considered are described below in Section 5.5. A description of the Project uses of the Section 4(f) resources, as well as measures to minimize or mitigate harm , are included in Section 5.6 below. 5.4 DESCRIPTION OF ALTERNATIVES CONSIDERED As noted in Section 2.3, NCDOT considered v arious design alternatives during the planning and design of this Project. NCDOT also evaluated t hese design alternatives further under Section 4(f) as "avoidance alternatives ." Each design alternative described below was evaluated to determine if the design would be feasible and prudent, per Federal Highway Administration (FHWA) Section 4(f) policy guidelines. The FHWA guidelines note that an alternative is considered feasible and prudent if the alternative "avoids using Section 4(f) property and does not cause other severe problems of a magnitude that substantially outweigh the importan ce of protecting the Section 4(f) property."25 The FHWA guidelines also note that a potential avoidance alternative is not prudent if: 1. It compromises the p roject to a degree that it is unreasonable to proceed in light of the project’s stated purpose and n eed; 2. It results in unacceptable safety or operational problems; 3. After reasonable mitigation, it still causes severe social, economic, or environmental impacts; severe disruption to established communities; severe or disproportionate 25 Section 4(f) Policy Paper, July 20, 2012 . ( http://www.environment.fhwa.dot.gov/4f/4fpolicy.asp ) Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 60 impacts to minority or low -income populations; or severe impacts to environmental resources protected under other Federal statutes; 4. It results in additional construction, maintenance, or operational costs of extraordinary magnitude; 5. It causes other unique problems or unusual fac tors; or 6. It involves multiple factors as outlined above that, while individually minor, cumulatively cause unique problems or impacts of extraordinary magnit ude.26 5.4 .1 No -Build Alternative Description of Alternative : Under the No -Build Alternative, no grade separation of the CSXT and NS railroads would occur. Evaluation : The No -Build alternative would not grade separate the CSXT and N S railroad s , and thus would not improve safety for pedestrians, vehicles and trains ; would not improve the efficiency of freight trains and existing/future passenger and high speed rail operations; and would not reduce air and noise pollution. The se issues would only further deteriorate as the P roject study area continues to grow in pop ulation, employment and traffic. The No -Build Alternative would hinder the CATS construction of the North Corridor commuter rail line on the NS O Line, since the O Line and CSXT Line would continue to be at -grade. In addition, the proposed CATS North Cor ridor Commuter Rail, the relocated Amtrak Station, and future increased service will add more rail traffic to the Project study area. Finding : This alternative would not meet the Project purpose and need, specifically improving the operations of the CSXT freight service and the operations of future passenger rail services . With these limitations, NCDOT determined that the No -Build alternative did not meet the Project purpose and need . 5.4 .2 CSXT Over NS or NS Over CSXT Alternatives Description of Alternative : These alternatives would grade separate the mainline railroads by placing either the CSXT track or the NS tracks on a viaduct to pass over the other mainline railroad's existing elevation. Evaluation : Placing either mainline railroad above g rade would greatly increase the Project construction cost, making the Project not feasible. Raising one of the railroads would require demolition and reconstruction of the Brookshire Freeway (I -277) viaduct and North Graham Street overhead bridge to highe r elevations to allow for the proper clearance over the newly raised railroad. Raising the railroads may not fully avoid impacts to the Section 4(f) properties, since bridge footings might be within the boundaries of the Elmwood/Pinewood Cemetery and the Seaboard Street Historic District. Raising the CSXT railroad would also affect other Section 4(f) resources such as the Seaboard Air Line Railway Bridge over North Tryon Street, and possibly the Soule Steel and Iron Works and the Seaboard Air Line Railway Passenger Station. A new railroad viaduct would also create a visual obstruction for the historic/Section 4(f) resources. Finally, raising the NS tracks would negatively impact the proposed Charlotte Gateway passenger rail station to be built on West Tr ade Street . The raising the NS tracks would require the entire Gateway Station (building, tracks, platforms) to be elevated much 26 Id. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 61 higher than currently proposed and there fo re create operational challenges and a major visual barrier for the nearby Fourth Wa rd Historic District. Finding : Given the impacts to the Section 4(f) resources and the negative impacts to freight and passenger railroad operations, NCDOT determined that these options were not feasible nor prudent, and NCDOT eliminated these alternatives from further consideration. 5.4 .3 NS Under CSXT Alternative Description of Alternative : Under this alternative, the NS mainline tracks would be placed in a trench while the CSXT track remains at or close to its existing grade. Evaluation : Placing the NS mainlines below grade would likely require demolition of some or all of the Interstate Mills (ADM) within the Seaboard Street Historic District. As seen in Photo 6, the existi ng NS mainline tracks pass through the center of the ADM mill complex. Even if the trench or tunnel did not require demolition of the mill, a portion of the mill would likely require demolition to construct the two temporary NS mainline tracks to keep NS operating during construction. The temporary NS main lines may also require temporary use of the Elmwood/Pinewood Cemetery property. Due to the close proximity, p lacing the NS mainline tracks below grade would also require the tracks to remain below grade when serving the proposed Charlotte Gateway Station that is to be located four blocks south of the ADM mill. This grade difference would substantially increase the cost of the Gateway Station project. Placing the NS tracks below grade would also require adjusting the profile of some local streets in down town Charlotte, creating additional impacts to a large segment of downtown Charlotte. The overall Project cost would also increase substantially, due to the NS trench be ing constructed with a curved alignment . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 62 Photo 6: NS Mainline Tracks dissectin g Interstate Mills (ADM), Seaboard Street Historic District Finding : Given the impacts to Section 4(f) resources, the impacts to Charlotte's local downtown street network, and the impacts to the proposed Charlotte Gateway Station, NCDOT deemed this alternative as not feasible nor prudent, and eliminated the alternative from further consideration. 5.4 .4 Freight Railroad Bypass Alternative (Avoidance Alternative) Description of Alternative : Under this alternative, the CSXT or NS freight railroad would be rerouted away from downtown and would partially parallel the I -485 highway loop around Charlotte on a new alignment. Evaluation: Construction of a new railroad completely bypassing the Project area was evaluated in 2002 as a result of a request by the Friends of Fourth Ward neighborhood association. This alternative would avoid impacts to the identified Section 4(f) resources in the Project study area. However, the re -routed railroad would create extensive new noise, vibration , historic and en vironmental impacts in new locations, would create excessive operating and maintenance costs for the owning railroad, would eliminate rail service to several existing businesses in Charlotte, and would not be cost effective. Furthermore, a review of neigh borhood demographics indicated that this bypass alternative would have a proportionally high number of impacts on low -income or minority neighborhoods when compared to the Build Alternative . Finding : NCDOT determined that the bypass alternative did not meet the Project purpose and need , was not feasible or prudent , and would create additional environmental impacts beyond those in the Project Build Alternative. Therefore, NCDOT eliminated this alternative from further consideration . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 63 5.4 .5 CSXT Trac k/Trench Shift Alternative Description of Alternative : An alternative to shift the proposed CSXT railroad trench approximately 30 feet north of the existing CSXT track, along an alignment similar to the temporary CSXT track proposed in the Build Alternative. Evaluation: This alternative would shift the trench away from three identified historic resources adjacent t o the CSXT railroad: Elmwood/Pinewood Cemetery, Seaboard Street Historic District and Soule Steel and Iron Works. Under any build option, the trench must pass between the bents supporting the Brookshire Freeway (I -277) viaduct that extends over the CSXT a nd NS tracks, and the trench must be wide enough to allow a future second track , which is a Project design requirement of the owning railroad (CSXT). Under the current Project Build Alternative , the tr ench w ill pass between bents 14 and 15, which are appr oximately 110 feet apart, and the northerly temporary CSXT track will pass between bents 13 and 14, which are approximately 90 feet apart. The space between bents 13 and 14 is not wide enough to accommodate a double - track tr ench , which is a design require ment of the owning railroad (CSXT). Moreover, due to the space limitations between bents 13 and 14 of the Brookshire Freeway, the shifted trench alignment alternative would not meet CSXT's design requirements for 35 mph rail operations. Finally, shifting the trench would place major construction activity closer to the historic buildings at the Southern Asbestos Company Mills (NC Music Factory), which in turn would increase the vibration impacts to the buildings and possibly damage these buildings. Findi ng : This alternative would not meet the Project purpose and need, specifically improving the operations of the CSXT freight service. The alternative would also result in additional construction, maintenance, or operational costs of extraordinary magnitude , and would impact other 4(f) resources such as the Southern Asbestos Company Mill . With these limitations, NCDOT deemed this alternative as not fea sible, and eliminated this alternative from further consideration. 5.4 .6 CSXT Tunnel Alternative Description of Alternative : An alternative to place the CSXT in a tunnel running beneath the Seaboard Street Historic District. Evaluation : This avoidance option specified the construction of a tunnel under the current CSXT railroad right -of -way, thus le aving all of the buildings in the Seaboard Street Historic District in their current locations. Tunneling would require the new CSXT track to be much deeper below grade to ensure that there would be adequate ground above the tunnel to support the building s in their current locations. To reach this lower elevation at the Seaboard Street Historic District, the entire profile of the track between the CSXT railroad bridge over I -77 and the CSXT railroad bridge over North Tryon Street would need to be changed. The two bridges would have to be replaced, and the vertical clearance of the railroad bridge over I -77 would be reduced. Alternatively, the grade of the tunnel would have to be increased, which would not meet CSXT operational requirements. Tunneling wo uld also require substantial changes to the bents supporting the Brookshire Freeway (I -277) viaduct, possibly requiring complete reconstruction of the Brookshire Freeway (I -277) in this location. The tunnel option would also require an extensive drainage system that pumps stormwater accumulations. Finally, a tunnel would require an air ventilation system to ensure that the diesel emissions from the train are Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 64 removed from the tunnel. Both the drainage system and the ventilation system would add considerab le ongoing maintenance and operating costs . Finding : This alternative would not meet the Project purpose and need, specifically improving the operations of the CSXT freight service, and would create operational and potentially emergency response safety issues for CSXT . The alternative would also result in additional construction, maintenance, or operational costs of extraordinary magnitude. With these limitations, NCDOT deemed this alternative as not feasible, and eliminated this alternative from further consideration. 5.4 .7 Relocation of ADM Flour Mill Alternatives In addition to the alternatives evaluated for grade separating the NS and CSXT railroads , NCDOT investigated design alternatives for changes to the ADM flour mill, which is adjacent to the at -grade railroad intersection . Description of Alternative : Given that the ADM mill is adjacent to the P roject construction area and is within the Seaboard Street Historic District, alternatives were considered to keep ADM in operation during construction of the Project while also attempting to minimize impacts to the Seaboard Street Historic District . Three mill relocation alternatives were considered. Under each alternative, ADM would construct a new mill east of the NS mainlines to remain in operation during and after the Project construction. One alternative would place the mill north of West 10th Street, a djacent to the existing silos in this block. The existing silos east of the NS mainlines would remain. The single story brick lab building and ADM truck repair shop in this area would be demolished to allow for construction of the new mill. New silos wo uld be constructed between West Ninth and West 10th Street. To allo w for construction of the new silos, the existing ADM employee parking between West Ninth and 10th Streets would be relocated to a vacant lot south of West Ninth Street (within the Fourth Ward local historic district). Two buildings east of Smith Street (within the Fourth Ward local historic district) would be demolished to allow for the footprint of the new mill and to ensure the circulation space needed for truck access to the mill. Onc e the new mill is operational, the existing mill and flour silos west of the NS mainlines would be abandoned, and likely demolished. A concept plan showing this alternative is below. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 65 The second mill relocation alternative would place the new mill across North Smith Street, extending the mill footprint into the Fourth Ward Historic District. The alternative will allow for additional space for truck circulation around the new mill. The third mill relocation alternative would be similar as the others, but would place the new mill between West 10th and West Ninth Streets, and locate the new silos north of West 10th Street. Evaluation : ADM requested NCDOT consider constructing a new mi ll east of the NS mainlines, since a new facility would improve overall mill efficiencies and capacity and eliminate the inefficiencies of temporarily relocating their flour load -out facilities as planned in the Project Build Alternative . Relocating the e ntire mill would also improve safety by eliminating pedestrian and truck traffic over the NS mainline at 10th Street, which will further meet the Project's purpose and need. All three mill relocation alternatives, however, would have impacts on the Seaboa rd Street and Fourth Ward Historic Districts. All would likely cause abandonment and likely demolition of the entire historic ADM mill (part of the Seaboard Street Historic District), as well as demolition of a 1930's era bus garage within the Fourth Ward Historic District. Relocation of the ADM parking would create the need for a new surface parking area within the Fourth Ward Historic District, which would not be allowed under City of Charlotte zoning. Finally, relocating the mill and silos would place a noise generating facility (flour mill) closer to the residences in Fourth Ward. Finding : The mill relocation alternatives would create additional impacts to Section 4(f) resources as well as create noise impacts to the residents of Fourth Ward. Given these Proposed New ADM Mill Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 66 impacts, NCDOT determined the mill relocation alternatives to be not feasible or prudent, and the alternatives were eliminated from further consideration. 5.5 DESCRIPTION OF IMPACTS TO 4(F) RESOURCES In the following section are brief descriptions of the proposed actions and their impacts to the three Section 4(f) resources , based on the current Project design . Maps in Appendix G show the Project footprint in relation to the Elmwood/Pinewood Cemetery , the Seaboard Street Historic District and the Soule Steel and Iron Works. 5.5 .1 Elmwood/Pinewood Cemetery Probable Use of Section 4(f) Property The Project will separate the grades of the CSXT and NS mainlines by placing the CSXT track in a concrete trench for a length of about 3,400 feet. The trench will extend east from Hamilton Street, within the National Register boundaries of Elmwood/Pinewood Cemetery, to just west of Church Street. In the vicinity of Elmwood/Pinewood Cemetery near Johnson Stre et, the trench will be at its deepest, measuring approximately thirty -five feet in depth. Protective fences will be constructed on both sides of the trench to ensure safety. The trench will be generally located along the existing CSXT rail alignment, whi ch parallels the Elmwood/Pinewood Cemetery. The new CSXT mainline track (within the trench ) will occupy approximately the same location as the current track, and at this stage of the design process (25% plans), the trench and storm water drainage system w ill be constructed primarily on the north side of the existing cemetery fence line. It is possible that the trench and storm drainage may extend beyond the existing modern fence into the cemetery by roughly 5 to 10 feet in some locations, but will not aff ect any of the grave anomalies identified during archaeological investigations. The Project will not alter the historic vehicular and pedestrian circulation system through the cemetery. The cemetery was determined eligible for the National Register unde r Criterion A for African American heritage and Criterion C for design. Removing the existing fence and the vegetation along the fence will have no adverse effect on the design of the cemetery. The fence along the railroad right -of -way is modern, and th e vegetation along the fence is incidental, the result of overgrowth vegetation which the maintenance crews could not reach. Neither the utilitarian chain -link fence nor this vegetation are part of the historic landscape design for the cemetery. Thus, t he removal of fence and vegetation will not compromise the significance of Elmwood/Pinewood Cemetery under Criterion C. The vehicular and pedestrian circulation and plot system through the cemetery is part of the historic design as it evolved in the nin eteenth and early twentieth centuries, and by 1916, the system of roads through the A rea of P otential E ffect (APE) appears to have been in place. Construction of the trench , as currently designed, should not alter the location of the cemetery driveways, a nd thus will not compromise these cemetery features. Elmwood/Pinewood Cemetery also possesses significance for its association with the city’s African American population, and Pinewood Cemetery survives as one of the best preserved African American cemeteries in Mecklenburg County. The archaeological investigation, undertaken by New South Associates, used ground -penetrating radar (GPR) in a 75 -foot swath along the fence line separating the cemetery from the rail corridor. The New South study Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 67 conclu ded that there are 580 known graves and perhaps more than 638 potential burial sites within the 75 -foot study area .27 As already noted, the rail line follows a below -grade alignment for much its length along the northern border of Elmwood/Pinewood Cemetery with the chain - link fence marking the approximate beginning of the embankment. With this steep include of the embankment , it seems unlikely that burials have occurred beyond the fence line. Thus, if the trench and its components stay north of the fence, no graves should be disturbed by the construction of the trench although this will be verified by archaeologists prior to construction. If construction of the trench extends by the 5 to 10 -foot area that may be needed on the cemetery side of the fence f or the proposed trench wall and below -grade drainage system, it is expected that unmarked graves would be located within the new rail alignment. Portions of the APE were historically used as potter’s fields for indigents, and graves within such areas were often unmarked. The location of the potter’s fields along the rail corridor was a typical pattern during the historic period. Areas along railroads or other less desirable locations within the graveyard were typically set aside for burying those whose f amilies could not afford a plot and marker. It is also known through other sources that numerous burials occurred within the railroad right -of -way (100 feet on either side of the track center line). Burials along the railroad right -of -way had become so c ommonplace by the mid -twentieth century that in the 1960s the City of Charlotte and the Seaboard Air Line Railway (predecessor line to CSXT on this corridor) entered into negotiations over the use of the right -of -way. The 1966 agreement stated that the ra ilroad will lease the encroached land to the city, but no more burials could take place within the railroad right -of -way. Photo 7 illustrates the proximity of some grave markings to the fence separating the cemetery and the railroad. Photo 7. Elmwood/Pinewood Cemetery, with fence bordering CSXT tracks 27 See above at 18 . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 68 Measures to Minimize Harm Additional investigations are needed to determine the nature of the anomalies discovered by ground -penetrating radar (GPR) and how many of these are graves. I f the footprint of the Project encroaches within the fence line by only 5 to 10 feet and only in a few locations, possibly only a few, if any, burial sites would need to be relocated. NCDOT will conduct additional investigations to determine if there are burials along the fence line where the GPR survey could not access. NCDOT will also monitor the removal of the modern fence and other construction activities on the railroad side of the fence to determine if there are burial sites that have not yet been i dentified. If burial sites are identified along the fence line or areas to be disturbed by the Project construction, NCDOT will follow applicable state and federal laws to reinter the remains. If possible, the graves could be moved to nearby sites that m aintain the historic land use patterns within the cemetery, e.g., relocations staying within potter’s fields. As a further mitigation measure, a decorative fence, similar to the existing fence along Ninth Street, and landscape plantings will be installed along the edge of the trench between the cemetery and railroad once the trench is constructed . Given that the Elmwood/Pinewood Cemetery is a designated local historic landmark, NCDOT will coordinate with the Charlotte -Mecklenbu rg Landmarks Commission to obtain a Certificate of Appropriateness once further design is completed. 5.5 .2 Seaboard Street Historic District There are two main Project actions that will require use of the Seaboard Street Historic District: 1.) Constructi on of the CSXT trench , and 2.) Relocation of the ADM flour load -out facility. These two actions are documented separately below. Probable Use of Section 4(f) Property - Construction of CSXT Trench Construction of the CSXT trench will require demolishing the John B. Ross Bag Company Warehouse, the People Ice and Coal Company building, as well as a two -story portion of the Interstate Mill complex. Portions of these structures lie within the footprint of the proposed railroad trench and within the CSXT rail road right -of -way. Although the centerline of the trench will follow the alignment of the existing CSXT track, the footprint of the trench walls and the width needed to preserve the ability to add a second railroad track in the trench will require the rem oval of structures within the railroad right -of -way. A new vehicular access bridge will be constructed between the existing John B. Ross Bag Company Warehouse and the People's Ice and Coal Company Building, approximately at the same location as the exis ting, private, at -grade crossing over the CSXT tracks in this area. The new bridge will be constructed of concrete with a protective fence on both sides. The bridge will be built at approximately the same elevation as the current ground in this area. Trench construction traffic will use Johnson Street and West Ninth Street via a temporary at - grade crossing of the NS railroad at West Ninth Street. To create the proper street width and turning radius for large vehicles, portions of the People's Ice and Coal Company Buildings adjacent to Johnson Street will be demolished. (This will also allow the Project to widen the street while avoiding taking right -of -way from the historic Elmwood/Pinewood Cemetery.) Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 69 To construct the trench , the contractor will require lay down (staging) areas adjacent to the Project area to store construction equipment, materials, and to accommodate employee parking. The lay down areas must meet the following criteria: 1. The sites must be vacant and adjacent to the Project. 2. Th e sites must be at least two acres to allow for storage of large equipment and materials. 3. They must be located near the center of the Project construction footprint to allow equipment and contractor access to the entire Project construction area. 4. The sit es must minimize the impact of construction traffic on the surrounding neighborhoods, businesses and historic resources such as the Elmwood/Pinewood Cemetery. 5. One site must be located west of the NS mainlines, and the other east of the NS mainlines, to all ow for construction of both sections of the CSXT trench while minimizing impacts on the railroad operations. Given that the Project is within a developed, urbanized area, only two sites were identified that meet the criteria listed above. One will be an area that includes the John B. Ross Bag Company Warehouse and the People’s Ice and Coal Company warehouses. The site of the to - be -demolished Ross and the People’s Ice and Coal Company buildings will be used. The second location will be the vacant parcels bounded by North Graham Street, 12th Street, North Poplar Street and the CSXT railroad right -of -way. The locations of these lay down/construction staging areas are shown in the map below and in Map 4C in Appendix G . Map: Proposed Construction Lay Dow n/Staging Areas Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 70 Photo 8 shows some of the buildings in the Seaboard Street Historic District closest to the CSXT track. Photo 9 shows the portion of the Interstate Mill (ADM) closest to the CSXT track. Photo 8: Seaboard Street Historic District, Interstate Mills (Background), People’s Ice and Coal Company Building (Midground) and John B. Ross Bag Company Warehouse (Foreground), Looking East Along Rail Corridor. The construction of the CSXT railroad trench will also necessitate the closing of t he Johnson Street roadway/rail at -grade crossing of the CSXT line. Johnson Street forms one of the boundaries of the Seaboard Street Historic District. As noted earlier, the secondary entrance to Elmwood/Pinewood Cemetery can be reached only via Johnson Street now that access from Ninth Street has been closed off. To maintain access to this northern entrance to Elmwood/Pinewood Cemetery, a grade -separate d pedestrian bridge will be built over the trench at Johnson Street. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 71 Photo 9: Seaboard Street Historic District, Interstate Mills, Looking South From NC Music Factory Boulevard Probable Use of Section 4(f) Property - Relocation of ADM Mill Load -Out Facility The Interstate Mills complex, now owned by ADM, remains in operation, and in order to maintain truck and rail access to the mill during construction of the CSXT trench , some components of the flour operations will need to be moved. The a ctions described below are steps needed to keep the ADM mill in operation during and after construction of the CSXT railroad trench . To maintain truck access with the construction of the CSXT trench , the ADM flour loading area will be moved. Currently the flour loading facility is located on the northeast side of the ADM mill, adjacent to the CSXT tracks. The new flour loading facility will be relocated to the current site of the John B. Ross Bag Company Warehouse and People’s Ice and Coal Company bui ldings, both contributing resources to the Seaboard Street Historic District. Trucks will enter the new loading area via NC Music Factory Boulevard. The new loading facility will also include a new elevated or subterranean conveyance system to move flour from the mill building over the NS O line tracks and to the trucks. The new loading area will also have surface parking and turning room for trucks. In order to comply with air quality regulations, the new flour loading facility will require a building large enough to completely enclose a large truck with an air filtration system to prevent flour dust from escaping into the environment. Construction of this flour loading facility and the associated truck circulation and parking areas will require demoli tion of a portion of the People's Ice and Coal Company buildings. In addition, a power substation serving and adjacent to the ADM mill will be relocated to the site of the People's Ice and Coal Company building. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 72 Summary of Actions Affecting Seaboard Str eet Historic District In summary, the Project will require demolition of the John B. Ross Bag Company building and the People's Ice and Coal Company buildings for the following reasons: 1. To construct the CSXT trench . 2. To provide a contract staging/lay -down area for trench construction. 3. To provide the proper street width and turning radius on West Ninth and Johnson Streets for construction traffic, while avoiding impacts to the Elmwood/Pinewood Cemetery. 4. To construct the ADM flour load -out facility, and to accommodate the ADM truck parking and provide truck access to the new load -out facility. 5. To relocate the ADM power substation. 6. To avoid relocating the ADM mill, which would necessitate full demolition of the Interstat e Mill buildings, and which would impact the Fourth Ward Historic District. Mitigation Measures For the buildings that will be demolished through construction of the trench , contractor staging/laydown area, and partial relocation of ADM facilities (John B. Ross Bag Company Building, People's Ice and Coal Company Building and small portion of the Interstate Mill), NCDOT will undertake a survey to document the buildings, including historic research, deve loping architectural plans, and conducting a photo archive of the buildings. 5.5 .3 Soule Steel and Iron Works Probable Use of Section 4(f) Property - Construction of CSXT Trench and ADM Tracks Four tracks now extend through the corridor just north of the Soule Steel and Iron Works site. The CSXT mainline track is the southernmost of the four tracks , skirting the National Register boundary for Soule Steel and Iron Works. The three tracks to the north are yard tracks. The yard tracks will all be rem oved as part of this Project , and the CSXT mainline track will be realigned to the north, away from the boundary of the Soule site. Two new CSXT siding tracks will also be installed south of the realigned CSXT main track to replace the CSXT yard tracks in this area . The southern CSXT siding track will be approximately 13.5 feet from the resource building's northwestern -most corner, approximately seven feet closer than the existing track. The new track will require the removal of the remnant craneway equipment that is behind the building. According to historic aerial photographs of the site, t his crane way equipment is likely part of a larger craneway once used to transport materials from train cars into the foundry. Today, nearly all of the craneway has been removed, and additional buildings have been constructed where the craneway once stood. The only remaining piece of craneway equipment is located between the foundry fence and the CSXT mainline track. Measures to Minimize Harm An alternative to shift the trench and CSXT tracks to the north and away from the resource was evaluated but deemed not feasible (see Section 5.5.2 above). NCDOT also investigated moving the craneway equipment on -site; however, the site does not have any available space. Given these restrictions, the Project will require demolition of the craneway equipment. NCDOT will undertake a survey to document the equipment , including historic research, and conduct a photo archive of the equipment . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 73 5.6 CONCLUSION Base d upon the Section 4(f) evaluation of the Project, NCDOT has identified uses of resources, and measures to minimize harm, as outlined below. Elmwood/Pinewood Cemetery Uses : Construction of the trench will require removal of the fence and vegetation sepa rating the Cemetery and the CSXT railroad. Most of the burials adjacent to the railroad are identified as "Potter's Field" on historic cemetery maps, indicating that most burials are in unmarked graves. Measures to minimize harm : NCDOT conducted an additional investigation of the Cemetery that included a GPR survey to determine possible locations of graves within the railroad right -of -way .28 NCDOT will also monitor the removal of the modern fence and other construction activities on the railroad side of the fence to determine if burial sites that have not yet been identified are encountered . If burial sites are identified along the fence li ne or areas to be disturbed by the Project construction, NCDOT will follow applicable state and federal laws to reinter the remains. If possible, the graves could be moved to nearby sites that maintain the historic land use patterns within the cemetery, e .g., relocations staying within potter’s fields. As a further mitigation measure, a decorative fence, similar to the existing fence along Ninth Street, and plantings will be installed along the edge of the trench between the cemetery and railroad once the trench is constructed . Given that the Elmwood/Pinewood Cemetery is a designated local historic landmark, NCDOT will coordinate with the Charlotte -Mecklenburg Historic Landmarks Commission to obtain a Certificate of Appropriateness once further design is completed. Seaboard Street Historic District Uses : Construction of the trench (including the need for a contractor staging area) and changes to the ADM flour mill operations will require demolition of the People's Coal and Ice and John B. Ross Bag Compan y Warehouse buildings, as well as a small portion of the Interstate Mill building. Measures to minimize harm : For the buildings that will be demolished through construction of the trench , contractor staging/laydown area, and partial relocation of ADM facilities, NCDOT will undertake a survey to document the buildings, including historic research, developing architectural plans, and conducting a photo archive of the buildings. Soule Steel and Iron Works Uses : Reloc ation of the CSXT tracks in this area will require demolition of a remnant of the elevator crane way located between the foundry and the CSXT railroad. 28 See above at 18. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 74 Measures to minimize harm : NCDOT will undertake a survey to document the equipment , including historic research, and conduct a photo archive of the equipment . NCDOT, FRA and SHPO will develop a Memorandum of Agreement to further define the above measures to minimize and mitigate impacts. 5.7 PUBLIC AND AGENCY COORDINATION In May 2009 NCDOT initiated agency coordination for the Project with a letter and a map noting the Project's study area/APE. In a letter dated June 16, 2009 the SHPO of the NC Department of Cultural Resources suggested that NCDOT use Mattson, Alexander an d Associates, Inc. to conduct a survey of historic sites along the Project study area. Mattson, Alexander and Associates completed the Phase II (Intensive Level) Architectural Resources Survey of the CSXT/NS Mainline Grade Separation Project (report dat ed October 19, 2009).29 In a letter dated December 21, 2009, SHPO concurred with the October 19, 2009 report. Due to a shift in the Project’s APE, a supplement to the Phase II Architectural Resources Survey was completed for the Project in September 2012, noting impacts to the Fourth Ward local historic district.30 A copy of the supplemental survey was transmitted to SHPO. In a letter dated October, 18, 2012, SHPO concurred with the findings of the supplemental survey. NCDOT held meetings with SHPO on Oc tober 17, 2011 and December 8, 2011 to review the progress of the Project's design and the Project's potential impacts to historic resources. Given the Project's proximity to the Elmwood/Pinewood Cemetery and given that a portion of the cemetery include s burials within the CSXT railroad right -of -way, NCDOT retained New South Associates to complete a more formal survey of the cemetery. The survey findings include maps showing possible graves within a 75 -foot area adjacent to the CSXT railroad ). This sur vey and report was reviewed and accepted by SHPO in a March 5, 2012 memorandum.31 In March 2012 Gannett Fleming and Mattson, Alexander and Associates completed a draft Evaluation of Effects Report for the Project. NCDOT, SHPO, and FRA held a formal meetin g s on March 22, 2012 and August 16 , 2012 to review the Project impacts. The draft Evaluation of Effects Report was submitted to SHPO , NCDOT, FRA, and SHPO completed a Determination of Effects document, which was signed by SHPO on September 17, 2012 . A summary of t he Determination of Effects document was included in the final Evaluation of Effects Report , dated October 23, 2012.32 In addition to the signed Determination of Effects document, NCDOT, FRA and SHPO will develop a Memorandum of Agreement on measures to minimize and mitigate impacts to the historic resources. 29 See above at 14. 30 S e e above at 15 . 31 See above at 16. 32 See above at 18 . Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 75 Upon publication of the draft EA and draft Section 4(f) Evaluation, NCDOT will submit the documents to the public and agencies for review and comment. Given the Project's proximity t o two locally -designated historic resources (Elmwood/Pinewood Cemetery and the Southern Asbestos Company Mills), NCDOT presented the Project to the Charlotte -Mecklenburg Historic Landmarks Commission on January 25, 2012. NCDOT will continue to meet with t he Landmarks Commission and has submitted an application for a Certificate of Appropriateness for the impacts to Elmwood/Pinewood Cemetery. The Historic Landmarks Commission will also be consulted during development of the Memorandum of Agreement to be si gned by NCDOT, FRA and SHPO. T he potential impacts to the Fourth Ward local historic district will require NCDOT to coordinate with the Charlotte -Mecklenburg Historic District Commission. NCDOT will present the Project to the Commission and will work to obtain a Certification of Appropriateness for the impacts to the Fourth Ward Historic District. In addition to the agency coordination, NCDOT held a Citizens Information Workshop in August 2009. NCDOT has held several meetings with area businesses, inclu ding ADM and the NC Music Factory to discuss the Project and possible impacts. After publication of the draft EA and Section 4(f) Evaluation, NCDOT will also hold a public hearing to present the Project and its associated impacts. The public will also be invited to review and comment on the draft EA, Section 4(f) Evaluation, and the Memorandum of Agreement for the Project. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 76 This page left intentionally blank. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 77 CHAPTER 6 .0 - LIST OF PREPARERS North Carolina Department of Transportation (NCDOT) – Rail Division Environmental and Planning Branch Marc L. Hamel, Director of Environmental Planning Ryan L. White, P.E., Rail Project Development Engineer Gannett Fleming, Inc. Travis Pollack, AICP, Project Manager and Senior Transportation Planner Terry L. Winebrenner, P.E., Environmental Manager Robert W. Parker, M.S., Project Environmental Scientist Michael A. Krokonko, M.B.A., Project Environmental Scientist Ahmed A. El -Aassar, Ph.D., INCE, ASA, Noise and Air Quality Manager Sondra Peterson, Noise Technician Jasmine R. Sodemann, Environmental Specialist Beth E. Turner, M.S., Environmental Specialist John Goddard, Sr. Track Designer Richard Cross IV, P.E., Senior Railroad Engineer Scott Sibley, P.E., Railroad Engineering Project Manager Michael A. MacAllister, P.E., Co nstruction Management Specialist Johanna J. Liller, Construction Management Specialist Matthew Houtz, GISP, Senior GIS Analyst William Wentzien, P.E., P.T.O.E., Traffic Engineer Jesse G. Hite, Jr., P.E., Design Project Manager Mattson, Alexander, & Assoc iates Richard L. Mattson, Ph.D. Frances P. Alexander, M.A. Axiom Environmental, Inc. Alexander “Sandy” Smith, Senior Project Manager Scott Davis, Senior Scientist Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 78 This page left intentionally blank. Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 79 CHAPTER 7 .0 - REFERENCES Adam M., and O. Estorff . “Reduction o f Train Induced Building Vibration b y Using Open a nd Filled Trenches”. Computers and Structures 83 (2005) 11 -24. Online . http://bu.edu.eg/portal/uploads/Shoubra%20Faculty%20of%20Engineering/Civil%20Engi neering/Maher%20Abd%20El -Rahman%20Ibrahim%20Adam/Maher%20Abd%20El - Rahman%20Ibrahim%20Adam_PAPER_03.pdf . Access ed October 2012. 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Environmental Assessment for the CSXT/NS Mainline Grade Separation Project 81 US Department of Transportation Federal Highway Administration. Section 4(f) Policy Paper, July 20, 2012. Online. http://www.environment.fhwa.dot.gov/4f/4fpolicy.asp . Accessed September 2012. US Fish and Wildlife Service. National Wetlands Inventory. Online. http://www.fws.gov/wetlands/Data/Mapper.html. Accessed July 2009. SVT/Ralph Whitehead & Associates. “LYNX Blue Line Extension (Northeast Corridor) Light Rail Project: Natural Resources Technical Report.” June 3, 2009. This page left intentionally blank. AP P ENDIX A Project Mapping (Figure 1 thru 9) Mecklenburg County, North Carolina April 2012 CRISP Projects Figure 1 Charlotte Railroad Improvement & Safety Program (CRISP)CSX/NS Mainline Grade Separation Project Environmental Assessment (EA) Document [ 77 48 5 85 27 7 t u 74 t u 5 21 16 7 7 8 5 485 48 5 De r i t a Matthews Da v i d s o n Pi n e v i l l e Mint Hill Pa w C r e e k Co r n e l i u s Hu n t e r s v i l l e Hickory Grove Ch a r l o t t e Pr o j e c t S t u d y A r e a ± 0 7. 5 15 3. 7 5 Mi l e s Me c k l e n b u r g C o u n t y , N o r t h C a r o l i n a Au g u s t 2 0 1 2 Pr o j e c t L o c a t i o n Figure 2 C h ar l o t t e R a i l r o a d I m p r o v e m e n t & S a f e t y P r o g r a m ( C R I S P ) CS X / N S M a i n l i n e G r a d e S e p a r a t i o n P r o j e c t En v i r o n m e n t a l A s s e s s m e n t ( E A ) D o c u m e n t Da t a c o u r t e s y o f C h a r l o t t e - M e c k l e n b u r g G e o s p a t i a l I n f o r m a t i o n S e r v i c e s !\ Me c k l e n b u r g Co u n t y Ra l e i g h Ch a r l o t t e Le g e n d [ ML G S A r e a o f P o t e n t i a l E f f e c t s In t e r s t a t e US H i g h w a y St a t e / C o u n t y H i g h w a y Th o r o u g h f a r e s Ra i l r o a d N o r t h C a r o l i n a Me c k l e n b u r g C o u n t y Norfolk Southern Rail Yard C S X R a i l w a y N o r f o k S o u t h e r n R a i l w a y Li t t l e S u g a r Cr e e k Ir w i n C r e e k W 5 t h S t E 1 2 t h S t A l p h a M i l l L n N T r y o n S t N P o p l a r S t D a l t o n A v N C h u r c h S t N C h u r c h S t W T r a d e S t W 8 t h S t W a d s w o r t h P l E 1 2 t h S t N D a v i d s o n S t N I r w i n A v S t a t e s v i l l e A v e N C o l l e g e S t N C o l l e g e S t N D a v i d s o n S t P a r k w o o d A v W 4 t h S t P l y m o u t h A v W 5 t h S t N G r a h a m S t S p r a t t S t N C h u r c h S t N G r a h a m S t W 1 0 t h S t H a m i l t o n S t N C a l d w e l l S t E B r o o k s h i r e F r W 1 2 t h S t W B r o o k s h i r e F r J o h n s o n S t N S y c a m o r e S t N M y e r s S t N B r e v a r d S t N A l e x a n d e r S t N C e d a r S t S y l v a n i a A v N G r a h a m S t N C M u s i c F a c t o r y B l v d W 9 t h S t E 7 t h S t E 6 t h S t E 8 t h S t E 1 1 t h S t E 9 t h S t W L i d d e l l S t N C l a r k s o n S t E 1 1 t h S t A s h b y S t S G r a h a m S t E 1 6 t h S t NS u m m i t A v e N T r y o n S t Ce n s u s Tr a c t 4 9 Ce n s u s Tr a c t 5 Ce n s u s Tr a c t 5 2 Census Tract 7 Ce n s u s Tr a c t 6 Ce n s u s Tr a c t 1 §¨¦77 §¨¦27 7 §¨¦27 7 El m w o o d / P i n e w o o d Ce m e t e r y ± Me c k l e n b u r g C o u n t y , N o r t h C a r o l i n a Oc t o b e r 2 0 1 2 En v i r o n m e n t a l J u s t i c e De m o g r a p h i c A n a l y s i s A r e a Figure 8 Ch a r l o t t e R a i l r o a d I m p r o v e m e n t & S a f e t y P r o g r a m ( C R IS P ) CS X / N S M a i n l i n e G r a d e S e p a r a t i o n P r o j e c t En v i r o n m e n t a l A s s e s s m e n t ( E A ) D o c u m e n t Da t a c o u r t e s y o f C h a r l o t t e - M e c k l e n b u r g G e o s p a t i a l I nformation Services 0 1 , 0 0 0 2 , 0 0 0 50 0 Sc a l e ( F e e t ) Le g e n d Pr o j e c t S t u d y A r e a Ra i l r o a d St r e a m s Ce n s u s T r a c t s De m o g r a p h i c A n a l y s i s A r e a ( D A A ) Ce n s u s T r a c t 1 Ce n s u s T r a c t 5 Ce n s u s T r a c t 6 Ce n s u s T r a c t 7 Ce n s u s T r a c t 4 9 Ce n s u s T r a c t 5 2 APP ENDIX B Conceptual Plan Sheets T RACK AND TRENCH CONCEPT PLANS TYPICAL SECTIONS FROM 25% PLANS MAXWELL COURT EXTENSION PLAN Ham i l t o n S t N I-7 7 H y W 12th S t S I-7 7 H y S I-7 7 E x i t 1 1 R a NC Musi c F a c t o r y B v ±0 200 400 100 Feet Trench and Track Concept Plan Figure 1 Charlotte Railroad Improvement & Safety Program (CRISP)CSXT/NS Mainline Grade Separation Project (P-5002)Data courtesy of Charlotte-Mecklenburg Geospatial Information Services, Gannett Fleming, & NCDOT Pa t h : K : \ 4 9 4 6 8 . 4 0 0 1 \ G I S \ M a p s \ M L G S M a p s \ M L G S P l a n F i g 1 . m x d Legend Final Mainline Track Alignment New Siding Tracks Charlote, Mecklenburg County, North Carolina￿September 2012 Structure to be Demolished Construction Staging Area Temporary Track Alignment Temporary Excavation Trench Wall Cemetery Fence D D D New Bridge John s o n S t NC Music F a c t o r y B v W B r o o k s h i r e F r W 9 t h S t Max w e l l C t N Smi t h S t W 12th S t W 1 0 t h S t ±0 200 400 100 Feet Trench and Track Concept Plan Figure 2 Charlotte Railroad Improvement & Safety Program (CRISP)CSXT/NS Mainline Grade Separation Project (P-5002)Data courtesy of Charlotte-Mecklenburg Geospatial Information Services, Gannett Fleming, & NCDOT Pa t h : K : \ 4 9 4 6 8 . 4 0 0 1 \ G I S \ M a p s \ M L G S M a p s \ M L G S P l a n F i g 2 . m x d Charlote, Mecklenburg County, North Carolina￿September 2012 k Location for Temporary ADM Load-out Faclity Legend Final Mainline Track Alignment New Siding Tracks Structure to be Demolished Construction Staging Area Temporary Track Alignment Temporary Excavation Trench Wall Cemetery Fence D D D New Bridge ADM ADM W 1 2 t h S t N Chu r c h S t W B r o o k s h i r e F r W 1 1 t h S t W Br o o k s h i r e R a W L i d d e l l S t N Try o n S t N Gra h a m S t N Pop l a r S t Tryon-churc h C o n n e c t o r S t W 1 0 t h S t N Pine S t N C o l l e g e S t N Pop l a r S t W Br o o k s h i r e R a W B r o o k s h i r e R a ±0 200 400 100 Feet Trench and Track Concept Plan Figure 3 Charlotte Railroad Improvement & Safety Program (CRISP)CSXT/NS Mainline Grade Separation Project (P-5002)Data courtesy of Charlotte-Mecklenburg Geospatial Information Services, Gannett Fleming, & NCDOT Pa t h : K : \ 4 9 4 6 8 . 4 0 0 1 \ G I S \ M a p s \ M L G S M a p s \ M L G S P l a n F i g 3 . m x d Charlote, Mecklenburg County, North Carolina￿September 2012 k Crossing to be closed Legend Final Mainline Track Alignment New Siding Tracks Structure to be Demolished Construction Staging Area Temporary Track Alignment Temporary Excavation Trench Wall Cemetery Fence D D D New Bridge N Bre v a r d S t E 1 2 t h S t Alpha M i l l L n Spind l e S t N C o l l e g e S t Be l m o n t A v N Cald w e l l S t E 1 3 t h S t Co l l e g e - t r y o n S t E B r o o k s h i r e F r N Try o n S t Parkw o o d A v N Coll e g e S t E B r o o k s h i r e F r ±0 200 400 100 Feet Trench and Track Concept Plan Figure 4 Charlotte Railroad Improvement & Safety Program (CRISP)CSXT/NS Mainline Grade Separation Project (P-5002)Data courtesy of Charlotte-Mecklenburg Geospatial Information Services, Gannett Fleming, & NCDOT Pa t h : K : \ 4 9 4 6 8 . 4 0 0 1 \ G I S \ M a p s \ M L G S M a p s \ M L G S P l a n F i g 4 . m x d Charlote, Mecklenburg County, North Carolina￿September 2012 Legend Final Mainline Track Alignment New Siding Tracks Structure to be Demolished Construction Staging Area Temporary Track Alignment Temporary Excavation Trench Wall Cemetery Fence D D D New Bridge N Gra h a m S t W B r o o k s h i r e F r NC Music F a c t o r y B v N Smi t h S t Joh n s o n S t W 1 0 t h S t W 1 2 t h S t W Brookshire Ra Spr a t t S t N Pine S t ±0 200 400 100 Feet Trench and Track Concept Plan Figure 5 Charlotte Railroad Improvement & Safety Program (CRISP)CSXT/NS Mainline Grade Separation Project (P-5002)Data courtesy of Charlotte-Mecklenburg Geospatial Information Services, Gannett Fleming, & NCDOT Pa t h : K : \ 4 9 4 6 8 . 4 0 0 1 \ G I S \ M a p s \ M L G S M a p s \ M L G S P l a n F i g 5 . m x d Charlote, Mecklenburg County, North Carolina￿September 2012 k Location for Temporary ADM Load-out Faclity Legend Final Mainline Track Alignment New Siding Tracks Structure to be Demolished Construction Staging Area Temporary Track Alignment Temporary Excavation Trench Wall Cemetery Fence D D D New Bridge ADM ADM W 9 t h S t N Smi t h S t W 8 t h S t N Gra h a m S t W 1 0 t h S t W 7 t h S t W 6t h S t ±0 200 400 100 Feet Trench and Track Concept Plan Figure 6 Charlotte Railroad Improvement & Safety Program (CRISP)CSXT/NS Mainline Grade Separation Project (P-5002)Data courtesy of Charlotte-Mecklenburg Geospatial Information Services, Gannett Fleming, & NCDOT Pa t h : K : \ 4 9 4 6 8 . 4 0 0 1 \ G I S \ M a p s \ M L G S M a p s \ M L G S P l a n F i g 6 . m x d Charlote, Mecklenburg County, North Carolina￿September 2012 Legend Final Mainline Track Alignment New Siding Tracks Structure to be Demolished Construction Staging Area Temporary Track Alignment Temporary Excavation Trench Wall Cemetery Fence D D D New Bridge N Try o n S t N Chu r c h S t W 1 2 t h S t W L i d d e l l S t Elm S t E L i d d e l l S t W B r o o k s h i r e F r N C o l l e g e S t N Pop l a r S t W a d s w o r t h P l W 1 5 t h S t W Broo k s h i r e R a Tryon-churc h C o n n e c t o r S t Co l l e g e - t r y o n S t N Coll e g e S t ±0 200 400 100 Feet Trench and Track Concept Plan - Church Street Crossing Closure Figure 7 Charlotte Railroad Improvement & Safety Program (CRISP)CSXT/NS Mainline Grade Separation Project (P-5002)Data courtesy of Charlotte-Mecklenburg Geospatial Information Services, Gannett Fleming, & NCDOT Pa t h : K : \ 4 9 4 6 8 . 4 0 0 1 \ G I S \ M a p s \ M L G S M a p s \ M L G S P l a n F i g 7 . m x d Charlote, Mecklenburg County, North Carolina￿September 2012 Legend Final Mainline Track Alignment New Siding Tracks Street Repaving Temporary Track Alignment New Street, Curb, Island Closure of Church St. At-Grade Crossing