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HomeMy WebLinkAbout20161221_USACE Merger Process Application_20131218PAT MCCRORY GovERNOR STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION December 13, 2013 Tracey Wheeler US Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, NC 27889 Dear Ms. Wheeler: a ANTHONY J. TATA SECRETARY SUBJECT: SECTION 404 - NEPA MERGER PROCESS Application for a Department of the Army (DOA) Permit pursuant to Section 404 of the Clean Water Act to discharge dredged or fill material into waters of the United States to improve NC 11 and US 13 from NC I I/NC 561 to US 131US 158/NC 45, Hertford County, WBS Element 45449.1.1 TIP Project R -5311 The following application, including separate attachments for (1) ENG Form 4345 and (2) mailing list (labels), is submitted for your consideration. As you are aware, this project was selected for treatment under the Merger process. The Regulatory Division has provided concurrence with Purpose and Need (CP 1), and with the selection of Detailed Study Alternatives (CP 2 and 2A). A federal Environmental Assessment (EA) has been prepared and was distributed on November 25, 2013. The following information is a summary of relevant project details and is being provided to assist in the Section 404 regulatory review of the project. This letter and attachments, along with the previously distributed EA, should provide sufficient information for the issuance of a Public Notice for the project. Please issue your public notice at the earliest opportunity so that we can jointly proceed toward selecting the LEDPA (least environmentally damaging, practicable alternative which meets the purpose and need of the project) following analysis of public input. Once the LEDPA is selected and approved, efforts will be undertaken to further minimize impacts to wetlands and riparian buffers in the LEDPA corridor and to propose suitable compensatory mitigation to offset unavoidable impacts. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699 -1548 TELEPHONE 919 - 707 -6000 FAX 919 - 250 -4224 WEBSITE HTTPS / /CONNECT NCDOT GOV/RESOURCES/ENVIRON MENTAL/PAGES/DEFAULT ASPX LOCATION: CENTURY CENTER, BUILDING A 1000 BIRCH RIDGE DRIVE RALEIGH NC 27610 If you have any questions, or need .additional information, please contact Ms. Kim Gillespie, PE, at (919) 707 -6023 or Mr. Tyler Stanton at (919) 707 -6156. Sincerely, c r-lorlRichard. W. Hancock, PE, Manager Project Development and Environmental Analysis Unit cc: Scott McLendon, USACE, Wilmington David Wainwright, NCDWQ (7 copies) Renee Gledhill - Earley, HPO Travis Wilson, NCWRC Chris Militscher, USEPA Gary Jordan, USFWS Fritz Rohde, NMFS Jay Bennett, PE, Roadway Design Greg Perfetti, PE, Structure Design David Chang, Ph.D., PE, Hydraulics Unit Phil Harris, PE, Natural Environment Section Jerry Jennings, PE, Division 1 Engineer Rob Hanson, PE, PDEA Kim Gillespie, PE, PDEA Jay McInnis, PE, PDEA Justin Oakes, Peanut Belt RPO I' a R -5311 —November 2013 Merger Application Pagel of 23 NC 11 AND US 13 FROM NC 11/NC 561 NEAR AHOSKIE TO US 13 /US 158/NC 45 NEAR WINTON HERTFORD COUNTY TIP PROJECT R -5311 INTRODUCTION The subject project proposes to improve NC 11 and US 13 from just south of the NC 11 intersection with NC 561 to the US 13 interchange with US 158 and NC 45, a distance of approximately 7.8 miles. The proposed project is included in the approved 2012 -2018 State Transportation Improvement Program. The location is shown in Figure 1. NEPA/404 MERGER PROCESS DOCUMENTATION The project is federally funded and is subject to the National Environmental Policy Act (NEPA) of 1969, and has followed the NEPA/Section 404 Merger process. The meeting for Concurrence Point 1 (CP 1) was held on September 14, 2011, while the Concurrence Point 2 (CP 2) meeting was held on September 19, 2012. The final meeting to date, the Concurrence Point 2A meeting, was a field meeting that was held at the Hertford County Resident Engineer's Office in Ahoskie on June 18, 2013. Concurrence has been reached on all three points. PROJECT PURPOSE AND NEED The purpose of the proposed project is to improve the safety of the NC I I/US 13 corridor between the NC 11/NC 561 intersection and the US 13/US 158/NC 45 intersection in Hertford County. The proposed project is intended to address the following needs: Safety All of the alternatives currently under consideration for this project would improve the NC 11/US 13 corridor in the project area to a four -lane, median divided facility. Intersections along the project would either be removed, grade separated, or upgraded to superstreet intersections (no left turns from side streets) or interchanges. Widening NC 11 and US 13 to four -lane divided roadways and changing access patterns at the existing intersections are expected to improve the safety of the route throughout the study area. Over 70% of the crashes occurring on NC 11 between 2007 and 2012 were frontal impact crashes. Construction of a median divided, either fully or partially controlled access facility is expected to reduce these types of accidents by either channelizing or eliminating all left turn and side road through movements. Because over half of the R -5311 —Merger Application November 2013 frontal impact crashes occurred at the intersection of NC 11 /SR 1212 (Shortcut Road) and NC 11, changing this intersection to a superstreet or an interchange would drastically reduce the potential for frontal impact crashes. In addition, the proposed new lanes should help to reduce the number of rear -end type crashes by reducing congestion and providing another lane for faster moving traffic to move into, in order to avoid stopping or slowing vehicles. The proposed median will reduce the likelihood of head -on collisions by separating the opposing lanes. There are a high percentage of heavy vehicles along the corridor, with heavy truck percentages ranging from 19 to 22 percent. The proposed project would provide an upgraded route for these vehicles by improving both the available capacity and overall safety of this facility. A traffic safety analysis was performed by the NCDOT Traffic Safety Unit in August 2012. This study compared the different alternatives for the project from a safety perspective. Safety performance functions were used to make comparisons regarding the safety performance of the potential alternatives. Safety performance functions are mathematical equations that relate characteristics of a road segment or intersection to the number of predicted crashes at that site. The safety performance functions used in the analysis came from the Highway Safety Manual and safety performance functions developed or calibrated specifically for North Carolina. Based on the traffic safety analysis, if no improvements are made to the existing facility (i.e., the No Build alternative), the number of crashes within the project limits is expected to be 58% higher in the design year (2035) than in the current year. Traffic Carrying Capacity Although the primary purpose of this project is to improve the safety of NC 11 and US 13 within the project area, the project will also improve the traffic carrying capacity of the existing facility. With any of the alternatives under consideration, NC 11 and US 13 in the project area will operate at LOS A in the year 2035. COST ESTIMATES AND SCHEDULE Cost estimates for each alternative are presented in Table 1 below. According to the Draft 2013 -2023 NCDOT Program and Resource Plan, right -of -way acquisition for Section A (the construction of an interchange or superstreet intersection at the existing intersection of NC 11 /SR 1212 (Shortcut Road) and SR 1213 (Old NC 11 Road)) is scheduled to begin in Fiscal Year (FY) 2015, and the construction is scheduled for FY 2016. Right -of -way and construction for Section B (the remainder of the project from just south of the intersection of NC 11 and NC 561 to the intersection of US 13/US 158/NC 45) are scheduled to begin in FY 2017 and FY 2019, respectively. 2 f R -5311 —Merger Application November 2013 Table 1: Cost Estimates by Alternative ALTERNATIVES CONSIDERED Preliminary Study Alternatives 1. No Build Alternative The No Build alternative avoids impacts to the study area. However, this alternative does not address the purpose and need of the project because it does not improve the safety of the NC 11/US 13 corridor. By year 2035, crashes are predicted to be 58% higher than in the current year under the No Build alternative. For this reason, this alternative was eliminated from further consideration. 1. Alternate Modes of Transportation Hertford County is primarily rural in nature, and therefore, has few options available with regard to alternative modes of transportation. However, there are two publicly subsidized operations available for those who may not have access to a car for their transportation needs. Choanoke Public Transportation Authority (CPTA) is a demand responsive, paratransit community transportation program funded by the North Carolina Department of Transportation's Public Transportation Division that serves the transportation needs of Bertie, Halifax, Hertford and Northampton Counties. CPTA provides local services, Monday through Friday, for trips to human service agencies, medical appointments, community colleges, daycares, dialysis clinics, Headstart programs, individual shopping trips, and many other destinations, although there are no fixed routes. The Hertford County Office of Aging also provides some limited public transportation services for senior citizens living within the county limits. They offer two types of services: one that is available every other week andmay be scheduled by any of the seven local communities for their citizens, and one that is by appointment only for medical services. 3 Alternative 1 Alternative 3 Alternative 5 Alternative 6 Right of Way Acquisition $1,812,640 $15,543,520 $14,969,690 $1,243,270 Wetland /Stream Mitigation $6,035,300 $3,915,100 $2,472,500 $4,244,500 Utility Relocation $697,720 $1,004,920 $1,004,920 $697,720 Construction $64,600,000 $71,100,000 $54,000,000 $50,200,000 Total $73,145,660 $91,563,540 $72,447,110 $56,385,490 ALTERNATIVES CONSIDERED Preliminary Study Alternatives 1. No Build Alternative The No Build alternative avoids impacts to the study area. However, this alternative does not address the purpose and need of the project because it does not improve the safety of the NC 11/US 13 corridor. By year 2035, crashes are predicted to be 58% higher than in the current year under the No Build alternative. For this reason, this alternative was eliminated from further consideration. 1. Alternate Modes of Transportation Hertford County is primarily rural in nature, and therefore, has few options available with regard to alternative modes of transportation. However, there are two publicly subsidized operations available for those who may not have access to a car for their transportation needs. Choanoke Public Transportation Authority (CPTA) is a demand responsive, paratransit community transportation program funded by the North Carolina Department of Transportation's Public Transportation Division that serves the transportation needs of Bertie, Halifax, Hertford and Northampton Counties. CPTA provides local services, Monday through Friday, for trips to human service agencies, medical appointments, community colleges, daycares, dialysis clinics, Headstart programs, individual shopping trips, and many other destinations, although there are no fixed routes. The Hertford County Office of Aging also provides some limited public transportation services for senior citizens living within the county limits. They offer two types of services: one that is available every other week andmay be scheduled by any of the seven local communities for their citizens, and one that is by appointment only for medical services. 3 I R -5311 - Merger Application November 2013 Given these limited options for alternative transportation, and because the use of public transportation systems wouldn't substantially reduce or mitigate the existing safety issues within the project study area, this alternative was not considered a viable option and was eliminated from further consideration. 3. Transportation Systems Management Transportation Systems Management (TSM) strategies seek to maximize the efficiency, safety, and utility of existing and planned transportation infrastructure. TSM strategies encompass many activities, such as: • Traffic incident management • Traffic signal coordination • Transit signal priority (TSP) and bus rapid transit (BRT) • Freight management • Work zone management • Special event management • Road weather management • Congestion pricing • Managed lanes • Ridesharing and demand management programs • Electronic toll collection and transit smart cards • Traveler information systems TSM is also connected to planning and infrastructure considerations such as access management, street network layout, and intersection design (e.g., use of roundabouts, right -turn slip lanes and median islands, four -way stops, turning lanes). The emerging integration of operational improvements with urban design and context - sensitive roadway design — through such means as boulevard designs, repurposing of excess road capacity for bicycle lanes, and the use of roundabouts —can help improve vehicular operations and multimodal access, while improving safety, enhancing aesthetics, and reducing emissions. In the case of this particular study area, some TSM measures have been implemented in an effort to help reduce the existing safety issues at some intersections, including the closing of SR 1213 (Old NC 11 Road) at its intersection with NC 11 and SR 1212 (Shortcut Road). While this does reduce the number of crashes at the Li ff R -5311 — Merger Application November 2013 intersection in question, it does not wholly solve the larger safety issue, and was therefore eliminated from further consideration as a viable alternative for this project. 4. Improve Existing Facility It is expected the upgrade of the existing roadway would meet the project purpose and need by improving the safety of the NC 11/US 13 corridor between the intersection of NC 11 and NC 561 and the intersection of US 13 and US 158/NC 45 near Winton in Hertford County. Six preliminary alternatives for improving the existing facility were investigated for the project. A traffic safety analysis was performed by the NCDOT Traffic Safety Unit in 2012 in order to compare the different alternatives for the project from a safety perspective. Table 2 presents the predicted percent reduction in crashes within the project limits for each alternative in comparison to the No Build alternative. As noted in the table below, the 2012 traffic safety analysis found that all of the alternatives investigated would likely result in fewer accidents in the design year than the No Build alternative, given that each build alternative would reduce conflict points on the existing roads. Table 2: Alternative Safety Analysis Results Source: Alternative Comparison for R -5311, Safety Planning Group, Traffic Safety Division, NCDCT, 8/8/2012 These preliminary alternatives were also evaluated from an environmental standpoint. Table 3 below presents the potential environmental impacts of the preliminary alternatives. 5 Predicted Alternative Description Crash Difference from No Build 1 Freeway, part on new location 52% decrease 2 Freeway on existing location 53% decrease 3 Freeway/expressway on existing location 45% decrease 4 Construct interchanges at NC 11/NC 561 and 24% decrease NC 11 -SR 1212/NC 11 intersections only 5 Superstreet on existing location 24% decrease 6 Su erstreet, part on new location 24% decrease Source: Alternative Comparison for R -5311, Safety Planning Group, Traffic Safety Division, NCDCT, 8/8/2012 These preliminary alternatives were also evaluated from an environmental standpoint. Table 3 below presents the potential environmental impacts of the preliminary alternatives. 5 R -5311 — Merger Application November 2013 i Table 3: Comparison of Preliminary Alternatives Resource Alt.I Alt.2 Alt.3 Alt.4 Alt.5 Alt.6 Project Length (miles) 8.1 8.2 8.2 spot 8.2 8.1 Improvements Relocations Residential 34 96 87 0 63 1 Business 0 0 0 0 0 0 Total 34 96 87 0 63 1 Churches 0 1 1 0 1 0 Cemeteries 0 1 1 0 1 0 Parks 0 0 0 0 0 0 Schools 0 0 0 0 0 0 NC Crews Wetland Impacts (acres)+ 80 70 70 63 22 33 Delineated Wetland Impacts (acres) 143 87 87 74 28 85 Delineated Stream Impacts (linear Feet) 585 296 296 0 296 580 Hydric Soils (acres) 245 243 243 93 160 170 Prime Farmland Soils (acres) 117 131 131 72 66 63 Structures/Districts Listed on or Eligible for 0 3 3 0 3 0 National Register + ivt- t-rctw� wevanas were mcivaea since aenneatea wetianas were not avaiiabie for the portion of the project along existing US 13, between SR 1212 (Shortcut Road) and NC 461. Impacts presented are based on preliminary environmental analysis. On September 19, 2012, four of the six preliminary alternatives were selected by the Merger team to be carried forward for detailed studies based on the results of the traffic safety analysis and preliminary environmental analysis. Alternatives 2 and 4 were dropped from consideration. These alternatives are described below. n R -5311 —November 2013 Merger Application Page 7 of 23 Alternative 2 — Freeway (Existing Location) Alternative 2 would involve upgrading existing NC 11, existing SR 1212 (Shortcut Road), and existing US 13 to a four -lane freeway from south of NC 561 to south of US 158/NC 45. Interchanges would be constructed at the NC 11/NC 561, NC 11- SR 1212/NC 11 and US 13/NC 461 intersections. All other crossing roads would be grade separated or cul- de- saced. Full control of access would be obtained along the portion of existing US 13 between SR 1212 (Shortcut Road) and NC 461. Service roads would likely be required to provide access to adjacent properties in this area, because this section of US 13 currently has no control of access. Alternative 2 was eliminated from consideration because it would relocate substantially more homes and would have greater community impacts than the other alternatives. Alternative 4 — Interchanges Only Alternative 4 would involve constructing interchanges only at the NC 11/NC 561 and NC 11 -SR 1212/NC 11 intersections. NC 11, SR 1212 (Shortcut Road) and US 13 would remain two -lane roads with this alternative. No improvements would be made to the portion of existing US 13 between SR 1212 and NC 461. Alternative 4 was' eliminated because it would provide much less crash reduction than the other alternatives. DETAILED STUDY ALTERNATIVES Four alternatives were studied in detail for the proposed project and are described below (see Table 4 for a comparison of project related impacts). Alternative 1— Freeway (Part New Location) This alternative proposes the upgrade of existing NC 11 and SR 1212 (Shortcut Road) to a four -lane freeway from south of NC 561 to US 13. A four -lane roadway on new location would be constructed between SR 1212 (Shortcut Road) at US 13 and existing US 13 at its northern intersection with NC 461. Full control of access would exist for this new roadway. Existing US 13 would be upgraded to a four -lane freeway between the northern intersection with NC 461 to south of US 158/NC 45 and interchanges would be constructed at the intersections of NC 11 with NC 561 and NC 11 /SR 1212 (Shortcut Road) with NC 11. All other crossing roads would be grade separated or have their access removed and turned into' cul -de -sacs. Additional right of way would be required to construct the new road segment east of existing US 13 between US 13 /SR 1212 (Shortcut Road) and the northern US 13/NC 461 intersection., R -5311 —Merger Application November 2013 I Alternative 3 — Freeway/Expressway (Existing Location) This alternative proposes the upgrade of existing NC 11 and SR 1212 (Shortcut Road) to a four -lane freeway from south of NC 561 to US 13. The portion of US 13 from SR 1212 (Shortcut Road) to NC 461 would be widened to four lanes with partial control of access (one driveway per parcel). Existing US 13 would be upgraded to a four -lane freeway between the northern intersection with NC 461 to south of US 158/NC 45. Interchanges would be constructed at NC 11 and NC 561, NC 11 /SR 1212 (Shortcut Road) and NC 11 and the northern intersection of US 13 and NC 461. Alternative 5 — Superstreet (Existing Location) This alternative proposes the upgrade of NC 11, existing SR 1212 (Shortcut Road), and existing US 13 to a four -lane roadway from south of NC 561 to south of US 158/NC 45. Partial control of access would be obtained along existing US 13 between SR 1212 (Shortcut Road) and the northern intersection with NC 461 since this section of US 13 currently has no control of access. Although an interchange would be constructed at the northern intersection of US 13 and NC 461, a superstreet design will be utilized at the remaining intersections, with the exception of NC 11 and NC 561, which will be an offset or "dog leg" superstreet design. Alternative 6 — Superstreet (Part New Location) This alternative proposes the upgrade of existing NC 11 and SR 1212 (Shortcut Road) to a four -lane roadway from south of NC 561 to US 13. A four -lane roadway on new location would be constructed between SR 1212 (Shortcut Road) at US 13 and the northern intersection of US 13 at NC 461, which will become a grade separation. Full control of access would be obtained for the new location portion of the project north of SR 1408 (Saluda Hall Road). Existing US 13 would be upgraded to a four -lane roadway between NC 461 to south of US 158/NC 45. No interchanges would be constructed with this alternative, but a Superstreet design will be utilized at the remaining intersections, with the exception of NC 11 and NC 561, which will be an offset or "dog leg" Superstreet design. R -5311 —Merger Application November 2013 Table 4: Comparison of Detailed Study Alternatives Resource Alternative 1 Alternative 3 Alternative 5 Alternative 6 Project Length (miles) 7.9 7.7 7.7 7.9 Relocations Residential 1 54 54 1 Business 0 2 2 0 Total 2 50 52 1 Minority/Low Income Populations - Disproportionate Impacts* No Yes Yes No Historic Properties (adverse effect) 0 1 1 0 Community Facilities Impacted ** 0 2+ 2+ 0 Section 4(f) Impacts 0 2 2 0 Prime Farmland (acres) 58.7 68.9 62.2 51.5 Noise Impacts 2 26 26 1 Wetlands (acres) 118.7 77.0 48.7 83.5 Streams (linear feet) 1,141 1,101 1,101 1,171 Floodplain (acres) 0 0 0 0 Federally Protected Species 0 0 0 0 * The impacts to the affected communities are considered to be disproportionately high and adverse since there is not enough available housing in this area to accommodate those relocated by these alternatives. ** Impacts to schools, parks, churches, fire stations, cemeteries, etc. + Community facilities impacted include the Pleasant Plains Church & cemetery As shown in Table 4, Alternatives 3 and 5 would both use property from two historic properties and would relocate substantially more homes and businesses than either Alternative 1 or Alternative 6. However, Alternatives 3 and 5 both have fewer wetland impacts than Alternatives 1 and 6. Historic properties are protected by Section 4(f) of the USDOT of 1966. Section 4(f) of the United States Department of Transportation Act of 1966 states FHWA can only select alternatives which use land from historic sites if there is no feasible and prudent alternative. Alternatives 1 and 6 are both feasible and prudent I R -5311 —Merger Application November 2013 alternatives. At this stage of the project, all four alternatives are still under consideration; however, NCDOT prefers to select either Alternative 1 or 6 as the LEDPA, given that they have fewer community impacts and will not require a Section 4(f) evaluation. Structures There are three major structures (structures with hydraulic openings of 72- inches or larger) proposed for this project, depending on the alternative. Table 5 below lists these major structures by alternative. Additional stream crossings requiring structures with hydraulic openings of less than 72- inches are considered minor drainage structures and will be identified during the final design phase of the project. The NEPA/404 Merger Team concurred on these proposed structures at a meeting held on June 18, 2013. Figures 2A and 2B show the location of these stream crossings. Table 5: Proposed Structures Stream I Existing Structure Pro osed Hydraulic Structure Alternative s UT to Horse Swamp (SZ) 3 @ 48 -inch RCP Extend 3 @ 48 -inch RCP 1, 3, 5, 6 Mill Branch 4 @ 48 -inch RCP (existing location) 2 @ 48 -inch RCP (Retain & extend existing two, 3 & 5 supplement with 2 additional) Mill Branch (new location) N/A 1 @ 84 -inch RCP* 1 & 6 U I = Unnamed I rlbutary; KCP = Kelntorced Concrete Pipe *This pipe will be buried 1 -foot to create a hydraulic opening of 72- inches WATERS OF THE UNITED STATES SURFACE WATERS Streams Nine jurisdictional streams were identified in the study area. The locations of these streams are shown on Figures 2A & 2B. The physical characteristics and water quality designations of these streams are detailed in Table 8 below. 10 R -5311 —Merger Application November 2013 Table 8: Physical Characteristics of Water Resources in the Project Area Stream/Map ID Bank Height (ft. ) Bankfull Width (ft. Water Depth in Channel Substrate Velocity Clarity Flat Swamp 5 15 6 Silt Moderate Slightly Turbid Ahoskie Creek 10 12 24 Silt, Sand Fast Turbid SC 5 6 6 Silt, Sand Slow Clear SX 3 8 12 Silt Slow Clear Sy 6 6 12 Silt, Sand Moderate Clear SZ 1 8 20 Silt Slow Slightly Turbid SBB 4 10 12 Silt Slow Clear SCC 3 6 30 Silt Slow Clear Mill Branch 5 6 8 Silt, Sand Moderate Clear Wetlands Forty -nine jurisdictional wetlands were identified within the project study area. Wetland classification and quality rating data are presented in Table 9. The locations of these wetlands are shown on Figures 2A & 213. 11 R -5311 -Merger Application November 2013 Table 9: Jurisdictional Characteristics of Wetlands in the Study Area _Map ID NCWAM Classification Hydrologic Classification DWQ Wetland Rating HUC Code Area acres) WA Hardwood Flat Non-Riparian 12 03010203 54.3 WB Hardwood Flat Non-Riparian 16 03010203 17.4 WD Hardwood Flat Non-Riparian 16 03010203 7.1 WF Hardwood Flat Non-Riparian 16 03010203 5.1 WG Hardwood Flat Non-Riparian 16 03010203 6.1 WH Hardwood Flat Non-Riparian 16 03010204 271.0 WJ Hardwood Flat Non - Riparian 16 03010204 32.2 WL Hardwood Flat Non - Riparian 12 03010204. 12.6 WM Bottomland Hardwood Forest Riparian 12 03010203 17.7 WN Hardwood Flat Non - Riparian 12 03010203 7.1 WO Hardwood Flat Non-Riparian 16 03010203 24.4 WP Hardwood Flat Non-Riparian 16 03010203 24.6 WR Hardwood Flat Non-Riparian 16 03010203 23.9 WS Hardwood Flat Non-Riparian 16 03010203 20.7 WT Hardwood Flat Non-Riparian 16 03010203 13.8 WU Hardwood Flat Non - Riparian 16 03010203 03010204 46.2 WV Hardwood Flat Non-Riparian 16 03010203 7.3 WX Hardwood Flat Non - Riparian 16 03010203 94.1 WY Hardwood Flat Non - Riparian 16 03010203 03010204 60.2 WZ Hardwood Flat Non-Riparian 16 03010203 43.9 WAA Hardwood Flat Non-Riparian 16 03010203 4.2 WAB Hardwood Flat Non-Riparian 16 03010203 0.8 WAC Hardwood Flat Non-Riparian 12 03010203 0.2 WAD Hardwood Flat Non-Riparian 16 03010203 2.7 WAE Hardwood Flat Non-Riparian 12 '03010204 9.0 WAF1 Hardwood Flat Non-Riparian 16 03010204 2.9 WAF2 Hardwood Flat Non-Riparian 16 03010204 7.7 WAF3 Hardwood Flat Non - Riparian 16 03010204 0.02 WAF4 Hardwood Flat Non-Riparian 16 03010204 0.3 WAF5 Hardwood Flat Non-Riparian 16 03010204 0.2 WAG Hardwood Flat Non-Riparian 16 03010204 1.2 WAH Hardwood Flat Non-Riparian 16 03010204 6.4 WAI Bottomland Hardwood Forest Riparian 16 03010204 3.3 WBB Bottomland Hardwood Forest Riparian 12 03010203 1.0 12 R -5311 —Merger Application November 2013 Ma ID T—NCWAM Classification Hydrologic Classification DWQ Wetland Ratin HUC Code Area acres) WBC Bottomland Hardwood Forest Riparian 20 03010203 0.9 WHA Hardwood Flat Non - Riparian 16 03010204 97.6 WNA Hardwood Flat Non - Riparian 16 03010203 0.3 WRA Hardwood Flat Non - Riparian 16 03010203 7.5 WRB Hardwood Flat Non-Riparian 16 03010203 4.1 WSA Hardwood Flat Non-Riparian 16 03010203 6.2 WSS Hardwood Flat Non-Riparian 16 03010204 2.9 WTT Hardwood Flat Non - Riparian 16 03010204 9.2 WUU Hardwood Flat Non-Riparian 16 03010204 8.0 WVV Hardwood Flat Non-Riparian 16 03010203 3.4 WWA Hardwood Flat Non-Riparian 16 03010203 10.1 WWW Hardwood Flat Non-Riparian 16 03010204 17.6 WXX Hardwood Flat Non-Riparian 16 03010204 37.1 WYY Hardwood Flat Non-Riparian 16 03010203 31.6 WZZ Hardwood Flat Non-Riparian 16 03010203 19.7 Total: 1,085.8 SUMMARY OF ANTICIPATED IMPACTS Tables 10 and 11 present the estimated impacts to streams and wetlands by the detailed study alternatives. Impacts lie within an area delineated 25 feet outside of the slope stakes. Table 10: Estimated Stream Impacts Map ID Class Alternative 1 (linear feet) Alternative 3 (linear feet) Alternative 5 (linear feet) Alternative 6 (linear feet) SZ P 155 165 165 161 SY P 273 273 273 273 SX I 135 130 ' 130 151 Sc 1 81 79 79 81 Mill Branch P 254 327 327 254 Flat Swamp I 252 200 200 252 Total: 1,150 1,174 1,174 1,172 Classification: I — Intermittent; P — Perennial 13 R -5311 -Merger Application November 2613 Table 11: Estimated Wetland Impacts Map ID c o U Z U Class DWQ Rating Alternative 1 (acres) Alternative 3 (acres) Alternative 5 (acres) Alternative 6 (acres) WA HWF NR 12 7.53 0 0 7.61 WAD HWF NR 16 4.34 0 0 0 WAE HWF NR 12 0 2.72 2.72 0 WAR HWF NR 16 0 0.29 0.29 0 WB HWF NR 16 2.79 0.01 0.01 2.59 WD HWF NR 16 1.23 0.42 0.42 0 WG HWF NR 16 0 0.87 0.87 0 WH HWF NR 16 31.91 11.63 11.63 31.95 WHA HWF NR 16 13.68 0.15 0.15 13.68 WJ HWF NR 16 0 4.70 4.70 0 WL HWF NR 12 0 0.16 0.16 0 WN HWF NR 12 0.34 0.33 0.33 0.35 - WO HWF NR 16 2.98 2.99 1.44 1.44 WP HWF NR 16 4.96 5.00 0.26 0.25 WR HWF NR 16 2.33 2.32 0.53 0.55 WS HWF NR 16 0.68 0.67 0.73 0.74 WSA HWF NR 16 0.09 0.10 0.09 0.09 WT HWF NR 16 1.63 1.64 0.99 0.99 WU HWF NR 16 7.11 7.20 1.89 1.91 WV HWF NR 16 0.28 0.28 0.28 0.28 WWA HWF NR 16 1.79 1.83 1.83 1.84 WWW HWF NR 16 0.27 0.23 0.23 0.27 WX HWF NR 16 7.12 7.06 1.50 1.68 14 R -5311 — Merger Application November 2013 NCWAM Classifications: HWF— Hardwood Flat Classification: NR — Non - Riparian WETLAND AND STREAM MITIGATION Avoidance and Minimization of Impacts The proposed project primarily involves improving an existing road, which crosses streams. Wetlands are adjacent to the existing road, as well. Total avoidance of streams and wetlands by the project is not feasible. NCDOT will attempt to avoid and minimize impacts to streams and wetlands to the greatest extent practicable when choosing a preferred alternative and during project design. At this time, no final decisions have been made with regard to the location or design of the preferred alternative. Compensatory Mitigation of Impacts Once a final decision has been rendered on the location of the preferred alternative, NCDOT will investigate potential on -site stream and wetland mitigation opportunities. If on -site mitigation is not feasible, mitigation will be provided by the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program (EEP). The final determination regarding any mitigation requirements rests with the US Army Corps of Engineers (USACE) and the NC Division of Water Quality (DWQ). 15 o Map ID CJ 3 � Class DWQ Alternative 1 Alternative 3 Alternative 5 Alternative 6 Rating (acres) (acres) (acres) (acres) z� U WXX HWF NR 16 4.35 4.63 4.63 4.54 WY HWF NR 16 10.10 10.09 5.71 5.68 WYY HWF NR 16 0 0.06 0.06 0 WZ HWF NR 16 8.28 8.35 4.01 4.07 WZZ HWF NR 16 4.94 2.93 2.84 2.99 NC 461 HWF NR 16 0 0.35 0.35 0 Wetland TOTAL: 118.73 77.02 48.66 83.50 NCWAM Classifications: HWF— Hardwood Flat Classification: NR — Non - Riparian WETLAND AND STREAM MITIGATION Avoidance and Minimization of Impacts The proposed project primarily involves improving an existing road, which crosses streams. Wetlands are adjacent to the existing road, as well. Total avoidance of streams and wetlands by the project is not feasible. NCDOT will attempt to avoid and minimize impacts to streams and wetlands to the greatest extent practicable when choosing a preferred alternative and during project design. At this time, no final decisions have been made with regard to the location or design of the preferred alternative. Compensatory Mitigation of Impacts Once a final decision has been rendered on the location of the preferred alternative, NCDOT will investigate potential on -site stream and wetland mitigation opportunities. If on -site mitigation is not feasible, mitigation will be provided by the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program (EEP). The final determination regarding any mitigation requirements rests with the US Army Corps of Engineers (USACE) and the NC Division of Water Quality (DWQ). 15 R -5311 —Merger Application November 2013 North Carolina Buffer Rules No North Carolina River Basin Buffer Rules apply to project streams, which are part of the Chowan River Basin. FLOODPLAINS Hertford County is a participant in the National Flood Insurance Program (NFIP). However, there are no flood zones in the study area. RARE AND PROTECTED SPECIES Federally Protected Species As of September 22, 2010, the United States Fish and Wildlife (USFWS) lists three federally protected species for Hertford County. Biological conclusions for federally protected species are shown in Table 12. Table 12: Federally Protected Species for Hertford County Scientific Name Common Name Habitat Present Federal Status Biological I Conclusion Acipenser oxyrinchus oxyrinchus Atlantic sturgeon No E No Effect Picoides borealis Red - cockaded woodpecker No E No Effect Trichechus manatus West Indian manatee No E No Effect t = tnaangerea; a taxon --in aanger of extinction tnrougnout an or a signiticant portion of its range' Suitable habitat.for the Atlantic sturgeon does not exist in the study area (confirmed via telephone correspondence with Fritz Rohde, National Marine Fisheries Service, May 31, 2013). No estuarine or large river systems are present within the project study area. Surveys for red - cockaded woodpecker were conducted by, biologists throughout the project study area in October and November 2012. Pedestrian surveys of forested areas were also completed within the project study area. No suitable foraging or nesting habitat was observed. Forested stands within the study area that have greater than 50% composition of pines are less than 30 years old due to active timber management practices, and are not of sufficient age to provide suitable nesting or foraging habitat for red - cockaded woodpeckers. No cavity trees or individuals were observed. Suitable habitat for the West Indian manatee does not exist within the study area. Streams within the study area are characterized as headwater systems and would not meet the size, depth, or flow requirements for this species. 16 R -5311 —Merger Application November 2013 A review of North Carolina Natural Heritage Program ( NCNHP) records, updated October 2013, indicates no known occurrence of any of these species within one mile of the study area. Due to the lack of habitat and known occurrences, it has been determined this project will not affect any federally protected species. The bald eagle was declared recovered, and removed (de- listed) from the USFWS Federal List of Threatened and Endangered Species effective August 8, 2007. The bald eagle remains federally protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Species Act. A desktop -GIS assessment of the project study area, as well as the area within a 1.13 -mile radius (one mile plus 660 feet) of the project limits, was performed on April 24, 2013 using 2010 color aerials. The Chowan River is located approximately 0.7 mile northeast of the project study area. Surveys were conducted throughout areas of suitable habitat in October and November 2012. No bald eagles or suitable nesting sites were observed. Suitable nesting trees were observed to be sparse within the study area and within 660 feet of the study area. A review of the NCNHP database, updated October 2013, revealed no known occurrences of this species within one mile of the project study area. Due to the results of the survey and lack of known occurrences, it has been determined that this project will not affect this species. CULTURAL RESOURCES The proposed project is subject to North Carolina General Statute 121- 12(a), and Section 106 of the National Historic Preservation Act of 1966, as amended. Historic Architectural Resources As noted in the July 1, 2011 letter from the State Historic Preservation Office (SHPO), three structures of historic or architectural importance have been identified within the project study area. These include the Pleasant Plains Rosenwald School, the Newsome - Hall House, and the Pleasant Plains Baptist Church, all of which have been determined eligible for inclusion on the National Register of Historic Places. Given the function and proximity of the Pleasant Plains Baptist Church and Rosenwald School, they have been considered as one joint historic resource. A description of each resource is provided below. The Pleasant Plains Rosenwald School, located on the west side of US 13, just south of the intersection with SR 1132 (Pleasant Plain Road), was built in the 1920s and is a well - preserved, one story, symmetrical frame building that was originally constructed as a school for African- American children. The school was built with assistance from the Rosenwald Fund, which was named for Chicago philanthropist Julius' Rosenwald, president of Sears, Roebuck, and Company. The Rosenwald Fund offered matching grants to rural communities interested in building black schools, which often became the centers of small, rural, black settlements in early 20th century North Carolina. Pleasant Plains School, a three- teacher facility, was one of the first of ten Rosenwald schools built 17 R -5311 —Merger Application November 2013 in Hertford County, and is a well - preserved example. Since the 1960s, after it ceased functioning as a school, the building has been used by its owner, Pleasant Plains Baptist Church, as a recreation building and community center. Pleasant Plains Baptist Church, organized in 1851 and located across US 13 from the Pleasant Plains Rosenwald School, is a 1949 Gothic Revival, 2 -story brick church. The Newsome -Hall House is a two -story farmhouse with Queen Anne style- influence located at the northwest corner of the intersection of US 13 and SR 1131 (Saluda Hall Road). It was originally the home of W.D. Newsome, a free black man that lived from 1822 -1916, and served Hertford County as both a county commissioner (1868 -1870) and a state legislator in the House of Representatives (1870 - 1872). On June 11, 2013, a meeting was held with the State Historic Preservation Office to seek concurrence on the effects that the various alternatives would have on these resources. Table 13 presents the effects of each alternative on these resources. Table 13: Historic Resource Effects Alternative Historic Resource Project Effect 1 Newsome -Hall House No effect 1 Pleasant Plains Baptist Church & Rosenwald School No effect 3 Newsome -Hall House No adverse effect 3 Pleasant Plains Baptist Church & Rosenwald School Adverse effect 5 Newsome -Hall House No adverse effect 5 Pleasant Plains Baptist Church & Rosenwald School Adverse effect 6 Newsome -Hall House No adverse effect 6 Pleasant Plains Baptist Church & Rosenwald School No effect Under Alternative 1, there will not be any impacts to either of the historic resources, and under Alternatives 3, 5, and 6, there will be no adverse effect to the Newsome -Hall House since the access may be affected, but the character of the property will not suffer. However, under Alternatives 3 and 5, the Pleasant Plains Baptist Church and Rosenwald School will both have adverse impacts due to a loss of property and a change in access. The church will lose nearly 40 feet off the front of their lot, which will reduce the available parking and impact the adjacent cemetery, possibly necessitating the relocation of graves. The church building itself will not be directly affected. The Rosenwald School will also lose approximately 100 feet of property as a result of the additional right of way that will be acquired, although the structure itself will not be affected. Archeological Resources 18 R -5311 — Merger Application November 2013 In 1977, during the initial planning phases for the NC 11 Ahoskie Bypass project, known archaeological sites were surveyed and recorded within the project study area. None of these identified sites were found to be eligible for inclusion in the National Register of Historic Places; regardless, as a result of the construction of that project, these sites have since been destroyed. There may be areas within the current study area that have a high potential for the presence of eligible archaeological resources, particularly those dating to the historic period. As the designs are refined and a preferred alternative chosen, NCDOT will coordinate with the SHPO so they may assess the potential effects of the project and the need for an archaeological investigation. SECTION 4(F) /6(F) RESOURCES Section 4(f) of the US Department of Transportation Act of 1966 specifies that publicly owned land from a public park, recreation area, wildlife and waterfowl refuge, and all historic sites of national, state, and local significance may be used for federal projects only if. a) there is no feasible and prudent alternative to the use of the land; and b) the project includes all possible planning to minimize harm to 4(f) lands resulting from such use. Three resources protected by Section 4(f) exist within the project study area: the Newsome -Hall House, the Pleasant Plains Baptist Church, and the Pleasant Plains Rosenwald School. All of these are historic sites that are either listed on or eligible to be listed on the National Register of Historic Places. Alternatives 1 and 6 will not impact any of these resources. Alternatives 3 and 5 would have an adverse effect on the Pleasant Plains church and school, with an impact of 0.3 acre on this property, which is considered a Section 4(f) resource. The Newsome -Hall House is not expected to be adversely affected by any alternative. If Alternatives 3 and 5 are not dropped from consideration after the USACE's Public Notice period and the subsequent public hearing, a Section 4(f) evaluation will be prepared. Section 6(f) of the Land and Water Conservation Fund Act of 1965 stipulates that property acquired or developed with the assistance of the Fund may not be converted to a use other than public recreation unless suitable replacement property is provided. No properties purchased or improved with funds from the Land and Water Conservation Fund are located along the project. MINORITY/LOW INCOME POPULATIONS Title VI of the Civil Rights Act of 1964, protects individuals from discrimination on the grounds of race, age, color, religion, disability, sex, and national origin. Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations" provides that each federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, 19 R -5311 — Merger Application November 2013 disproportionately high and adverse human health or environmental effects on minority and low- income populations. The racial character of the project study area in the 2010 census was very similar to that of Hertford County. African- Americans were the majority of residents in the demographic study area (DSA), making up 62 percent of the population, slightly higher than the county's total of 60.5 percent. Whites were the second largest population group, making up 33.8 percent in the DSA and 35.6 percent in the county. People who identified themselves as Hispanic in ethnicity represent 3.5 percent of the demographic study area population and 2.6 percent of the county population, as reflected by the 2010 census. In addition to the potential presence of minority communities, there is also a high likelihood that low- income communities may be impacted as part of this project. According to the American Community Survey, over 20% of the population of the census block group encompassing both the California and Pleasant Plains communities, which constitute the vast majority of residential development in the project study area, is considered "very poor ", while the average for Hertford County is only 9.4 %. Communities are generally considered as qualifying for Environmental Justice consideration when the population of the area in question qualifying as "below the poverty level" is over 5 percentage points higher than the county average. Given that "very poor" is a more extreme level of poverty than simply being considered "below the poverty level ", it is likely that consideration will need to be accorded for low- income Environmental Justice populations as well. While minority and low income populations are present in the study area, no notably adverse community impacts are anticipated with Alternatives 1 and 6; thus, impacts to minority and low income populations do not appear to be disproportionately high and adverse for these alternatives. Benefits and burdens resulting from the construction of either of these alternatives are anticipated to be equitably distributed throughout the community. Notably adverse community impacts to low income and minority populations are anticipated with Alternatives 3 and 5 due to the high number of relocations and the subsequent loss of community cohesion. Ultimately, benefits and burdens resulting from the project are not anticipated to be equitably distributed throughout the community. Despite the fact the project's proposed safety improvements will benefit all users of the facility, the impacts to the affected communities are considered to be disproportionately high and adverse since there is not enough available housing in this area to easily absorb the proposed relocatees, given the low housing vacancy rate within the area. Public involvement and outreach activities must ensure full and fair participation of all potentially affected communities in the transportation decision - making process. A Citizens Informational Workshop was held for the project on March 27,'2012. This workshop was advertised in local media outlets, and newsletters announcing the workshop were mailed to area property owners. 20 R -5311 —Merger Application November 2013 Thfough the public involvement efforts, citizens have been kept informed of the proposed project. Alternatives have been developed and measures implemented to minimize impacts to the low- income and minority populations identified. This project is being implemented in accordance with Executive Order 12898. 21 R -5311 —Merger Application November 2013 PRIME & IMPORTANT FARMLAND The Farmland Protection Policy Act of 1981 requires all federal, agencies, their representatives, or those agencies that receive federal funding to consider the impact of land acquisition and construction projects on prime and important farmland soils. Land which has been previously developed or planned for development by the local governing body or land within a defined urban area based on US Census mapping is exempt from the requirements of the Act. North Carolina Executive Order Number 96 requires all state agencies to consider the impact of land acquisition and construction projects on prime farmland soils, as designated by the US Natural Resources Conservation Service (MRCS). Land which is planned or zoned for urban development is not subject to the same level of preservation afforded other rural, agricultural areas. This policy does not apply to lands which are already in or committed to development projects such as water impoundment, transportation, and urban development. There are several active farm operations in the study area (see Table 14 for the prime farmland impacts for each alternative). A Farmland Conversion Impact Rating (MRCS CPA -106) has been completed for this project, and since all alternatives surpassed the 60 point threshold for Part VI, the Farmland Impact Conversion Rating Form was submitted to NRCS for review. Upon completion of their review (Parts IV and V of the NRCS CPA -106 form), it was determined all alternatives received final point totals of less than 160 points. Therefore, all alternatives fall below the NRCS minimum criteria rating and will not be evaluated further for farmland impacts. These alternatives will not have a substantial impact to farmland. Table 14: Prime Farmland Impacts Alternative Prime Farmland Impacts acres 1 58.7 3 68.9 5 62.2 6 51.5 HAZARDOUS MATERIALS Four sites presently or formerly containing petroleum underground storage tanks (USTs) were identified within the project limits: The former Winton Dollar Bill previously operated as a gas station. The facility is located at the intersection of US 13 and NC 45 in Winton. The UST Section Registry shows four USTs at this facility that were closed in 1992. This site is anticipated to present low geoenvironmental impacts to the project. 22 R -5311 — Merger Application November 2013 • The Keene property is a former UST facility. The facility is located at 614 US Highway 13 in Winton. The UST Section Registry notes that this site formerly contained USTs, but it is anticipated to present low geoenvironmental impacts to the project. • The A.B. Jones property is a former UST facility. The facility is located at 634 US Highway 13 in Winton. The UST Section Registry notes that this site formerly contained USTs, but is anticipated to present low geoenvironmental impacts to the-project. • The Deborah Simmons property previously operated as the Al Simmons store. The facility is located at 830 US Highway 13 in Ahoskie. The UST Section Registry shows three USTs at this facility were closed in 1993. This site is anticipated to present low geoenvironmental impacts to the project. No hazardous waste sites or landfills were identified within the project limits. If right of way is required from any of these properties, soil and groundwater assessments will be performed before right of way acquisition. Discovery of additional sites not recorded by regulatory agencies and not reasonably discernible during the project reconnaissance may occur. LOGICAL TERMINUINDEPENDENT UTILITY The proposed project has logical termini and independent utility. The project involves widening a two -lane road into a four -lane divided facility and either making intersection improvements or upgrading intersections to interchanges, depending on the alternative chosen. The project limits are restricted to the area necessary to widen the road and contain all approach work'required to tie the project back into existing roadways. The proposed project will not restrict consideration of alternatives for other reasonably foreseeable transportation improvements in the area. This project would be a reasonable expenditure of capital even if no additional transportation improvements in the area were made. WILD AND SCENIC RIVERS No federally or state designated Wild and Scenic Rivers occur within the project study area. Therefore, the project will not impact any Designated Wild and Scenic Rivers or any rivers included in the list of study rivers (Public Law 90 -542, as amended). 23 i O5� QO RC/ � 1® INSET MAP LEGEND OStudy Area --- TIP Projects O Municipal Limits Alternatives 1 and 6 Alternatives 3 and 5 US Route NC Route "Secondary Roads R -2507, Saluda Hall Rd (SR 1408) N �. 0 2,500 5,000 Feet Vicinity Map TIP Project Number R -5311 Improvements to US 13 /NC 11 from NC 11 /NC 561 near Ahoskie to US 13 /US 158/NC 45 near Winton y North Carolina Department of �. 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