HomeMy WebLinkAbout20160191_Study_200808011
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ADMINISTRATIVE ACTION
STATE RECORD OF DECISION
North Carolina Department of Transportation
GREENVILLE SOUTHWEST BYPASS STUDY
Improvements to NC 11 and US 264 Business
Pitt County
In Compliance with the North Carolina
State Environmental Policy Act
NCDOT Project Definition NO.: 34411
T.I.P. I.D. No.: R-2250
AUGUST 2008
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TABLE OF CONTENTS
1 DECISION ............. . . . . ... ....................... .... .. .... . ... .. 1
2 ALTERNATIVES CONSIDERED ......... ......... .............. . .......... 1
2.1 Basis for Selection . .......... .......................... .......................... . 2
2.2 Description of the Selected Alternative . . ..... .. ........ . ........... 2
2 3 Cost Estimates ............................ .. .... .. ... ... .... . . 3
2.4 Impacts ... ... ... .. .... ................. .... ....... 3
3 MEASURES TO MINIMIZE HARM .. .......................................... . 4
4 MONITORING AND ENFORCEMENT PROGRAM . .. .............. . 6
5 PROJECT COMMITMENTS ................ ...... ... .... .. 6
6 CORRECTIONS TO THE STATE FEIS ................................ .. .6
7 COMMENTS ON THE STATE FEIS .............. ........ .................. . 7
8 SECTION 106 MEMORANDUM OF AGREEMENT (MOA). . ... .10
9 UNRESOLVED ISSUES ................ . . ......... . ..... . . ......... .. .11
10 CONCLUSION ... . ........... ........ ........... . ................... . . .......... 11
TABLES
TABLE 1: COST ESTIMATES FOR SELECTED ALTERNATIVE ............... 3
TABLE 2: ENVIRONMENTAL IMPACTS FOR SELECTED
ALTERNATIVE . ... . . ......... ...................... ... .......... ......4
EXHIBITS
EXHIBIT 1. PROJECT VICINITY
EXHIBIT 2 PROJECT STUDY AREA
EXHIBIT 3 BUILD ALTERNATES
EXHIBIT 4. SELECTED ALTERNATIVE
Greenville Southwest Bypass
State Record of Decision
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August 2008
APPENDICES
A PROJECT COMMITMENTS
B COMMENTS ON THE STATE FEIS
C SECTION 106 MEMORANDUM OF AGREEMENT
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Greenville Southwest B ass ziz August 2008 '
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State Record of Deazszon
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1. DECISION
This State Record of Decision (ROD) records the decision of the North Carolina Department of
Transportation (NCDOT) with regard to the Greenville Southwest Bypass Study in Pitt County,
North Carolina In making this decision, the agency considered the information, analysis, and
public comments contained in the Draft Environmental Impact Statement (DEIS), approved in
July 2006, and the State Final Environmental Impact Statement (SFEIS), approved in December
2007, for the proposed project Although the Federal Highway Administration approved the
DEIS, no federal money is anticipated to be expended on this project Therefore, this document
has been prepared in accordance with the requirements of the North Carolina Environmental
Policy Act (NCEPA)
The proposed action consists of an eleven mile controlled-access freeway facility proposed for
the Stantonsburg Road (US 264 Business)/Memonal Drive (NC 11) corridor in Pitt County,
southwest of the city of Greenville The purpose of the project is to improve traffic flow and
congestion on Memorial Drive (NC 11) and Stantonsburg Road (US 264 Business) within the
project area, relieve congestion on NC 11 in Greenville, thereby improving safety and reducing
the potential for accidents, and improve regional travel along the US 264/NC 11 corridor This
transportation improvement project is identified in the NCDOT 2009-2015 Transportation
Improvement Program (TIP) as Project R-2250 The project location and the project study area
are shown on Exhibits 1 and 2 Bypass Alternate 4-EXT, one of three build alternates on new
location examined in detail, was chosen as the Preferred Alternative for the proposed action
Exhibit 3 illustrates the three Build Alternates considered in the EIS, and Exhibit 4 shows the
Preferred Alternative The selection of the Preferred Alternative was based on comments received
at the Corridor Public Hearing, comments on the DEIS, and agency coordination The SFEIS
includes details of the decision-making process and reasons for selecting Bypass Alternate 4-EXT
as the North Carolina Department of Transportation's Preferred Alternative A complete
description of the anticipated impacts of the Preferred Alternative is also included in the SFEIS,
dated December 20, 2007, and is incorporated by reference
2. ALTERNATIVES CONSIDERED
Five broad-ranged alternatives were established and investigated for this project These
alternatives included a No-Build Alternative, a Transportation System Management Alternative, a
Mass Transit Alternative, an Upgrade Existing Facilities Alternative, and a Build Alternative
(consisting of several individual bypass alternates) involving the construction of a roadway on
new location The Transportation System Management Alternative, the Mass Transit Alternative,
and the Upgrade Existing Facilities Alternative were determined not to meet the purpose and need
for the protect and were eliminated from detailed study Several individual Build Alternatives
were also eliminated The No-Build Alternative and three individual Build Alternative bypass
alternates were examined in detail in the DEIS and are briefly described below
Greenville Southwest Bypass 1 August 2008
State Record of Decision
No-Build Alternative - consists of not implementing the proposed project or any mayor
improvements to the existing routes, except those currently planned or programmed in
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the TIP The No-Build Alternative would not meet the project's purpose and need, but it
was retained for study to provide a baseline for comparison with the Build Alternative I
Build Alternative - consists of constructing a new roadway from Memorial Drive
(NC 11) in the vicinity of NC 102, continuing northwest to connect with the existing
US 264/Stantonsburg Road (US 264 Business) interchange Fifteen preliminary study '
corridors were considered for the project Based on prelmunary screening for potential
impacts of each corridor and on consideration of comments received through public '
involvement and agency coordination, twelve preliminary study corridors were
eliminated from further consideration The three bypass alternates remaining for detailed
study were 113-EXT, 4-EXT, and 5-EXT The locations of the bypass alternates are
shown on Exhibit 3
21 Basis for Selection
Following publication of the DEIS and the subsequent Corridor Public Hearing, the
NEPA/Section 404 Merger Team selected Bypass Alternate 4-EXT as the Least Environmentally
Damaging Practicable Alternative (LEDPA) for the project at a meeting held on November 16,
2006 Alternate 4-EXT became the Preferred Alternative for the Greenville Southwest Bypass
Alternate 4-EXT was selected because it would result in the fewest residential relocations and '
divide the fewest number of neighborhoods, it would have the least impacts to wetlands, streams,
and floodplams, its cost would be comparatively low, and it is supported by the local
governments in the project area However, the Merger Team did recognize that Alternative 4- '
EXT would have the greatest impact to the Renton Rural Historic District, which is listed on the
National Register of Historic Places
Subsequent to designation of Alternate 4-EXT as the Preferred Alternative, on June 14, 2007, the
Merger Team incorporated design modifications into the Preferred Alternative to minimize ,
impacts to the Renston Rural Historic District These design modifications included removing a
proposed interchange at NC 903 from the design and shifting the alignment of the mamlme
Bypass eastward Even with these modifications, the Preferred Alternative meets the stated '
purposes of the project
22 Description of the Selected Alternative (Bypass Alternate 4-EXT)
The Selected Alternative, as shown on Exhibit 4, begins at Memorial Drive (NC 11) '
approximately 2 9 miles south of NC 102 and turns northwest and then north on new location
crossmg several tributaries to Swift Creek The Selected Alternative continues north going under
NC 102 and across several other tributaries to Swift Creek It crosses Abbott Farm Road (SR
1117) approximately 1 1 miles west of Jolly Road (SR 1120) From the crossing of Abbott Farm
Road, it then turns northwest crossmg NC 903 west of the Charles McLawhorn historic property
Greenville Southwest Bypass 2 August 2008
State Record of Deasion
The Selected Alternative continues northwest crossing under Pocosm Road (SR 1125) and
Forlmes Road (SR 1126), and over Dickinson Avenue (US 13) It turns northeast and crosses
under Frog Level Road (SR 1127) and Old Stantonsburg Road (SR 1200) and connect with the
existing US 264 interchange The Selected Alternative includes four new interchanges at NC 11,
NC 102, Forlmes Road, and US 13 and is approximately 13 2 mules long with 110 miles on new
location
The proposed four-lane median-divided freeway, along with associated bridges, interchange
ramps, and service roads, was designed using NCDOT design standards and design guidelines
developed by the American Association of State Highway and Transportation Officials
(AASHTO) for freeway facilities The typical roadway section for the Bypass will be a four-lane
median-divided freeway with full access control, the typical section will include four 12-foot
lanes with a 46-foot median and 4-foot inside and 10-foot outside paved shoulders The design
speed for the road is 70 mph, which will accommodate posted speed limits of 65 mph
23 Cost Estimates
Table 1 provides a comparison of right-of-way and construction cost estimates for the Selected
' Alternative developed during preparation of the DEIS and SFEIS The DEIS costs were
developed based on a right-of-way estimate prepared in March 2006 and a construction cost
estimate prepared in April 2006 The SFEIS costs were developed based on a nght-of-way
estimate prepared in June 2007 (including a utilities estimate prepared in October 2007) and a
construction cost estimate prepared in April 2007 The most recent cost estimate was prepared in
February 2008 and is also included in the table
' TABLE 1: COST ESTIMATES FOR SELECT
DEIS ED ALTERNATIVE
SFEIS February 2008^
(Bypass Alternate 4-EXT) referred Alternative) (Selected Alternative
Construction Cost $157,400,000* $149,700,000 $208,700,000
' Right of Way Cost $22,653,250 $33,372,420 $33,372,420
Total Cost $180,053,250 $183,072,420 $242,072,420
*When the DEIS was prepared, Bypass Alternate 4-EXT inclu ded an interchange at NC903 This interchange was
removed from the preferred alternative prior to completion of the SFEIS, so the construction costs shown for the
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preferred alternative and the selected alternative reflect removal of this interchange from the propose
^Only construction costs were updated in February 2008, total cost estimate includes right-of-way cost estimate used in
SFEIS
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Evaluation criteria for selecting a preferred alternative included socioeconomics, cultural
resources, community facilities, air quality, noise impacts, natural environment, protected species,
and water resources Although this project is to be constructed entirely with state funds, the
NCDOT and its federal and state regulatory and resource partners chose to follow the Section
404/NEPA Merger guidelines Impacts of the proposed protect were minimized during the
preliminary design process and through the Section 404/NEPA Merger process Impacts
Greenville Southwest Bypass 3 August 2008
' State Record of Decision
associated with the Selected Alternative are discussed in detail in Section 4 of the SFEIS and
summarized in Table 2 below
TABLE 2: ENVIRON
Length of Corridor MENTAL IMPACTS
Length on New
- Location FOR SELECTED ALTERNATIVE
110
Length on Existing 22
Total Length 132
Relocations Residential 39
Business 1
Total Relocations 40
Minority Populations ulations Impacted None
Parks Impacted 0
Schools Impacted 0
Churches Impacted 0
Major Electric Power Lines Crossed 2
Railroad Crossings I
Historic Properties with Adverse Effect 1
Archaeological Sites 0
Streams Stream Crossings 8
Stream Impacts*
(linear feet 1,756
Riparian Buffer Zone 1 (s feet)* 104,544
Zone 2 (s feet)* 69,696
Total Buffer
Impacts s feet)*
174,240
Wetlands (acres)^ 01
Flood plains (acres)* 0
Federally Protected Species None
Prime Farmland (acres)4 2684
Hazardous Waste Sites 15
Noise Impacts* No of properties
impacted without
mitigation
17
No of properties
impacted with
mitigation
7
Cost Construction Cost $208,700,000
Right of Way Cost $33,372,420
Total Cost $242,072,420
Relocations are calculated on existing occupied buildings
* Impacts calculated within conceptual slope stake limits
^ Impacts calculated within conceptual slope stake limits plus 10 feet for potential clearing impacts
# Total area with sods classified as prime farmland soils This is distinct from the designation of prime farmland soils requiring
mitigation for loss per NRCS criteria-no sods in the project area were classified with this designation
* Noise abatement barriers will be further investigated during the design study phase
3 MEASURES TO MINIMIZE HARM
Avoidance and minimization measures were incorporated throughout the project planning and
design process to minimize impacts to human and natural resources A complete discussion of
Greenville Southwest Bypass 4 August 2008
State Record of Decision
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these measures can be found in Section 4 of the SFEIS Examples of measures to minimize
impacts are summarized below
• Relocations - The Selected Alternative includes an alignment that would result in the
fewest relocations NCDOT will provide relocation assistance to residences and
businesses displaced during acquisition of right-of-way in accordance with the Federal
Uniform Relocation and Assistance and Real Property Acquisition Policies Act of 1970
(Public Law 91-646) and the North Carolina Relocation Assistance Act (GS-133-5
through 133-18)
Noise Impacts - Based on the studies thus far completed, NCDOT recommended
installation of a noise barrier at one identified location along the Selected Alternative
The barner would benefit a total of 10 properties, over half the total number of noise
unpacted properties along the Selected Alternative A final decision on noise abatement
measures will be made during final design
Cultural Resources - Following selection of Bypass Alternate 4-EXT as LEDPA,
design modifications were incorporated into the alternative to minimize impacts on the
Renston Rural Historic District These modifications included removing the proposed
interchange at NC 903, thereby reducing the total number of acres impacted within the
historic district and eliminating all impacts to contributing structures in the historic
district In order to further minimize and mitigate impacts on the historic district,
NCDOT, the US Army Corps of Engineers (USACE), and the North Carolina State
Historic Preservation Office (HPO), along with input from local Renston property owners
who requested to be consulting parties, participated in the consultation process
established by Section 106 of the National Preservation Act of 1966, as amended To
complete Section 106 consultation, NCDOT, USACE, and HPO, along with the Renston
consulting parties, developed a Memorandum of Agreement (MOA) stipulating measures
NCDOT will follow during final design and construction of the Bypass to mitigate
adverse impacts to Renston Further information about the Section 106 consultation
process and the MOA is presented in Section 7
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• Water Resources - A key factor in selection of Bypass Alternate 4-EXT as t
Alternative was its lower impacts on wetlands, streams, and riparian buffers than the
other bypass alternates under consideration A compensatory mitigation plan for
jurisdictional impacts will be developed through the North Carolina Ecosystem
Enhancement Program prior to issuance of a Section 404 permit and Section 401 Water
Qualit
Certification
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• Construction Impacts - Construction-related impacts associated with the proposed
action will be minimized by adhering to applicable rules, regulations, and permit
conditions and by NCDOT's Best Management Practices for Protection of Surface
Waters
Greenville Southwest Bypass 5 August 2008
' State Record of Decision
4 MONITORING AND ENFORCEMENT PROGRAM
Coordination will be maintained with regulatory and resource agencies during final design, '
permitting, right-of-way acquisition and construction to ensure that the avoidance, minumzation,
and compensatory mitigation measures will be initiated
5 PROJECT COMMITMENTS
Project Commitments are commitments that were established during the development of the '
DEIS and SFEIS for this project A list of these commitments is in Appendix A
6. CORRECTIONS TO THE STATE FEIS
Comments on the SFEIS submitted by the City of Greenville Public Works Department (see '
below) included a number of corrections to be made to the SFEIS These corrections are as
follows '
• Summary Section, page S-2, S.4 - Other Mayor Actions in the Project Vicinity
Final bullet point under "NCDOT TIP Projects" reads "B-4786 Replace Bridge No 38
over the Tar River on US 13 Right of way acquisition is scheduled to begin in 2009 and
construction in 2012 "
" '
Right of way acquisition and construction are
The second sentence should read,
unfunded "
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• Summary Section, page S-2, S.4 - Other Major Actions in the Protect Vicinity
The subtitle "City of Greenville Projects" should read "Greenville Urban Area
Metropolitan Planning Organization WO) Projects " The first bullet point (W H Smith
Road Extension) and the second bullet point (US 13/Dickmson Road Widening) should
be removed ,
• Summary Section, page S-3, S.4 - Other Major Actions in the Project Vicinity
At the top of the page (bulleted list of City of Greenville projects), add the following
statement to the end of the bullet point describing the Thomas Langston Road Extension
"This project is a locally-funded project "
The bullet point describing the NC 102/Third Street Widening should be removed
The bullet points describing the Forlmes Road Widening, the NC 102/Third Street
Widening, the Juanita Avenue Extension, and the Southeast Bypass should be moved to a
new, separate list under the following heading, "The following projects are not in the '
Greenville Southwest Bypass 6 August 2008
State Record of Decision
' MPO's adopted priority list but are listed in the Greenville Urban Area Thoroughfare
Plan "
' • Section 1, page 1-14, Table 1.5
The last row reads "B's BBQ Road " It should instead read "B's Barbeque Road " This
correction should be incorporated throughout the SFEIS
• Section 3, page 3-12, 3.2.3.1- Greenville Urban Area Thoroughfare Plan
The first sentence reads "The Greenville Urban Area Thoroughfare Plan (also referred to
as the 2030 Long Range Transportation Plan) ", the phrase "also referred to as the 2030
Long Range Transportation Plan" should be removed
• Section 4, page 4-11, 4.2.2 - Transportation Planning
The second sentence reads "The proposed bypass is included as a top priority in the
thoroughfare plan " This should be changed to "The proposed bypass has been identified
by the Greenville Urban Area MPO as a top priority in its Transportation Priorities List "
The following additional corrections are also to be made to the SFEIS to accurately reflect the
final Renston Rural Historic District National Register Nomination Report
• Section 2, page 2-9, 2.4.2.3 - Renston Rural Historic District Avoidance Alternative
(Corridor 5)
The second sentence reads "The Renston Rural Historic District includes approximately
1,395 acres of farms, residences and cemeteries ", 1,395 should be changed to 1,650
• Section 3, page 3-21, Renston Rural Historic District
The second sentence reads "The Historic District is comprised of approximately 1,395
acres of farms, residences, churches, and cemeteries ", 1,395 should be changed to
1,650
• Section 3, page 3-22, Renston Rural Historic District
The first sentence of the second paragraph reads "According to the district's National
Register nommahon the Historic District contains 166 resources, 111 of which are
contributing elements to the historic appearance of the area " 166 should be changed to
198, 111 should be changed to 119
The second sentence of the same paragraph reads "Ninety-six buildings, seven sites,
seven structures, and one object date from the period of significance ", "Ninety-sic"
should be changed to "One hundred and five"
Greenville Southwest Bypass 7 August 2008
State Record of Decision
7 COMMENTS ON THE STATE FEIS
The SFEIS was circulated to January 2008 for public and agency continent Correspondence was
received from the following agencies regarding the SFEIS
• US Environmental Protection Agency
• North Carolina Department of Environment and Natural Resources - Division of Water
Quality
• North Carolina Wildlife Resources Commission
• North Carolina Department of Cultural Resources - State Historic Preservation Office
• City of Greem,ille -Public Works Department
No public comments ,- i e received Copies of the agency letters are included in Appendix B
The official closing date for agency comments on the SFEIS was March 3, 2008 Each
substantive comment i equiring a response is listed below, followed by a response
U.S. Environmental Protection Agency
Letter Date: Feb. 26, 2008
Comment 1: 'EPA recommends that NCDOT or FHWA notify EPA
Headquarters that the federal NEPA process for the proposed project has been
terminated so that the project can be removed from the national tracking system
Response: Comment noted
Comment 2: "EPA requests that a copy of this quantitative ICI report that was
submitted to the North Carolina Division of Water Quality (DWQ) also be provided to
Ms Kathy Matthews of EPA "
Response: NCDOT submitted a copy of the quantitative ICI report to EPA in April
2008
Comment 3: "EPA requests that NCDOT continue to explore on-site mitigation
opportunities along the selected highway alignment and keep EPA staff apprised of
identified candidate sites "
Response: NCDOT has evaluated all potential opportunities for on-site mitigation and
found none The Ecosystem Enhancement Program (EEP) will be utilized for stream and
wetland mitigation
NC Department of Environment and Natural Resources, Division of Water Quality
Letter Date: Feb. 11, 2008
Comment 1: "Hams Mill Run, Greens Mill Run, Swift Creek, Gum Swamp, Nobel
Canal, Horsepen Swamp, Simmons Branch, Fork Swamp, and Little Contentnea Creek
are class C, NSW waters of the State DWQ is very concerned with sediment and erosion
impacts that could result from this project DWQ recommends that highly protective
sediment and erosion control BMPs be implemented to reduce the risk of nutrient runoff
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Greenville Southwest Bypass
State Record of Decision
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August 2008
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to these Creeks DWQ requests that road design plans provide treatment of the storm
' water runoff through best management practices as detailed in the most recent version of
NC DWQ Stormwater Best Management Practices "
Response: Best Management Practices will be incorporated into this protect
Comment 2: "DWQ recommends that the most protective sediment and erosion control
BMPs be implemented to reduce the risk of nutrient runoff from reaching Little
Contentnea Creek and Swift Creek DWQ requests that road design plans provide
treatment of the storm water runoff through best management practices as detailed in the
most recent version of the NC DWQ Stormwater Best Management Practices "
Response: Best Management Practices will be incorporated into this project
Comment 3: "This project is within the Neuse and Tar-Pamlico River Basins Riparian
buffer impacts should be avoided and minimized to the greatest extent possible pursuant
to 15A NCAC 2B 0233 (Meuse River Basin) and 15A NCAC 2B 0259 (Tar-Pamlico
River Basin) New development activities located in the protected 50-foot wide riparian
areas within the basm shall be limited to "uses" identified within and constructed in
' accordance with 15A NCAC 2B 0233 and 15A NCAC 2B 0259 Buffer mitigation may
be required for buffer impacts resulting from activities classified as "allowable with
mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance
under the Buffer Rules A buffer mitigation plan, including use of the NC Ecosystem
Enhancement Program, must be provided to DWQ prior to approval of the Water Quality
' Certification "
Response: Comment noted NCDOT will develop a buffer mitigation plan for the
project
' North Carolina Department of Cultural Resources- State Historic Preservation Office
Letter Date: Feb. 28, 2008
Comment: "As the document notes (Section 4 4 2, Page 4-26), we agreed with the
preliminary results of the survey on June 7, 2007, finding that the 48 recorded
archaeological sites were ineligible for the National Register of Historic Places and
required no further investigation We recently received the final report and site forms for
the survey Once we have completed our review of these documents, we will complete
our review of the project "
' Response: Comment noted NCDOT received a copy of HPO's comments, dated June
11, 2008, to the USACE regarding the revised draft archaeological survey report The
June 11, 2008 HPO comments reaffirmed the preliminary archaeological site eligibility
findings The survey was revised based on these comments, and copies of the final report
were mailed to the USACE on July 31, 2008
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Letter Date: Feb. 21, 2008
Greenmlle Southwest Bypass 9 August 2008
' State Record of Deaszon
Comment 1: "Future growth was estimated using an older travel demand model
NCDOT has recently completed an updated model in a TRANSCAD platform NCDOT
has been in possession of this new model since the fall of 2007 It is suggested that
NCDOT consider evaluating and comparing its study data with this new model "
Response: The initial traffic forecasting and capacity analysis for this project were
completed prior to completion of the DEIS in July 2006, and an additional traffic analysis
was completed in 2007 The updated model was not available at the time that these
forecasts were completed However, the results of the 2007 forecast were compared with
the new model and found to be appreciably similar for project planning purposes
Comment 2: " there is no mention in the draft document of the proposed roadway
configuration of NC 102 NCDOT staff has recently communicated to this office that
NC 102 between NC 11 and the SW Bypass interchange is planned to be four lanes This
future roadway configuration should be mentioned as a planned improvement in this
document and in the final Record of Decision "
Response: Comment noted As a part of tlus project, NCDOT will widen NC 102 to four
lanes between NC 11 and the Bypass.
The City of Greenville also provided a number of comments regarding inaccuracies in the
SFEIS These are detailed in Section 6
8 SECTION 106 MEMORANDUM OF AGREEMENT (MOA)
As documented in the SFEIS, the USACE, HPO, and NCDOT determined that Bypass Alternate
4-EXT would have an adverse effect on the Renston Rural Historic District While design
modifications to minimize impacts on the Historic District were subsequently incorporated into
Bypass Alternate 4-EXT after it became the Preferred Alternative for the project, the project will
still have an adverse effect on the Historic District To resolve the adverse effect in accordance
with Section 106 of the National Preservation Act of 1966, as amended, NCDOT coordinated
with the USACE and the HPO to complete the Section 106 consultation process A public
Section 106 Consultation Meeting was held on March 27, 2008, at the Reedy Branch Baptist
Church in Winterville to receive comments from stakeholders within the Renston community At
this meeting, stakeholders provided input on additional strategies to mitigate impacts of the
project on the historic district Subsequent to this meeting, several residents of the District
requested to be consulting parties to the Memorandum of Agreement (MOA) to be developed in
fulfillment of the requirements of Section 106 consultation A second meeting was then held on
May 13, 2008, at the Ayden Town Hall to allow the consulting parties to comment on potential
mitigation strategies identified during the first meeting A draft MOA was then developed by
NCDOT and distributed to all consulting parties for comment An additional meeting was held
on July 21, 2008 with several of the consulting parties to discuss additional concerns with the
draft MOA, after this meeting, a second draft MOA was circulated to all the consulting parties for
comment The MOA was then finalized and distributed to USACE, HPO, and NCDOT for
Greenville Southwest Bypass 10 August 2008
State Record of Decision
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signatory approval, this approval was received on August 25, 2008 The signed MOA is currently
' being circulated to the Renston consulting parties for concurrence, once concurrence is received,
it will be filed with the Advisory Council on Historic Preservation
' d in the MOA are as follows
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• NCDOT will use two-bar, galvanized metal rails and galvanized guardrails on Bypass
bridges within Renston Abutments for the bridges will be sloped and constructed of
concrete
• Earthen slopes on either side of the Bypass bridges within Renston will be planted with
native shrubs A wood and wire fence will be erected along the control of access within
Renston, and native trees and shrubs will be planted along the fence
• NCDOT will install two signs denoting the historic district on NC 903, one at each end of
Renston
• NCDOT will not allow the erection of billboards along the new facility within NCDOT's
Right of Way
• NCDOT will lease, or make available to lease, property within Renston acquired for
project right-of-way back to the original owners for continued maintenance until
construction commences
• NCDOT will work with Renston residents and the Winterville Historical Association to
compile a collective history of the historic district
A copy of the MOA signed by the USACE, HPO, and NCDOT is included in Appendix C
9 UNRESOLVED ISSUES
' In April 2007, the Town of Ayden requested that NCDOT examine several design modifications
in the vicinity of NC 102 and NC 11 Specifically, the Town requested that NCDOT examine the
following
• Provide signalized local access to NC 102 between NC 11 and the Bypass,
• Retain local access from Old Snow Hill Road/ Snow Hill Street to NC 11,
• Provide unproved access from NC 102 to The Pines subdivision,
• Provide measures that will keep The Pines subdivision from becoming attractive
to cut-through traffic, and
• Provide a noise barrier along the west side of The Pines subdivision
These issues are discussed in further detail in Section 2 8 2 of the SFEIS NCDOT is continuing
coordination with the Town of Ayden and will resolve these issues prior to the completion of the
final design for the project
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Greenville Southwest Bypass 7 7 Augusl 2008
' State Record of Decision
10. CONCLUSION
The final statement is in conformance with applicable provisions of NCEPA and satisfactorily
covers the anticipated environmental impacts including physiographic and cultural effects
Comments on the SFEIS have been reviewed, and no new substantive issues or impacts were
identified, therefore, the SFEIS remains valid
Based on the analysis and evaluation contained in this project's SFEIS and after careful
consideration of all social, economic, and environmental factors and input from the public
involvement process, NCDOT selects the Preferred Alternative, Bypass Alternate 4-EXT, as the
proposed action for this project
Or
Date
Project Develof ment & Environmental Analysis Branch
North Carolina Department of Transportation
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GreenmIle Southwest Bypass
State Record of Deazsron
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August 2008
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EXHIBITS
EXHIBIT I - PROJECT VICINITY
EXHIBIT 2 - PROJECT STUDY AREA
EXHIBIT 3 - BUILD ALTERNATES
EXHIBIT 4 - SELECTED ALTERNATIVE
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Project Study Area
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?MN North Carolina
Department of Transportation
Greenville Southwest Bypass Study
(Improvements to NC 11 & US 264 Bus)
NCDOTProject Definition No.: 34411
T.I.P. No. R-2250
Exhibit 1 Project Vicinity
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Greenville Southwest Bypass Study
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G_U,- I -rc_I?,,-1 L-tlruti-,r I1? 34411
T IP No R-2250
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Legend
1 B-EXT
4-EXT
5-EXT
Stream
Renston Rural Historic District
Historic Property
N
W E
S
i I Miles
0 0.5 1 2
North Carolina
Department of Transportation
Greenville Southwest Bypass Study
(Improvements to NC 11 & US 264 Bus)
NCDOT Project Definition No.: 34411
T.I.P. No. R-2250
Exhibit 3 Build Alternates
13
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Legend
Selected Alternative (Corridor Limits)
Renston Rural Historic District
N
W E
S
' J Miles
0 0.5 1 2
North Carolina
Department of Transportation
Greenville Southwest Bypass Study
(Improvements to NC 11 & US 264 Bus)
NCDOT Project Definition No.: 34411
T.I.P. No. R-2250
Exhibit 4 Selected Alternative
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APPENDIX A
PROJECT COMMITMENTS
1
? PROJECT COMMITMENTS
Greenville Southwest Bypass
Pitt County
NCDOT Project Definition NO.: 34411
TIP No.: R-2250
Project Development and Environmental Analysis Branch (PDEA)
' New surveys for the Tar River spinymussel will be conducted on the preferred alternative prior to
construction NCDOT will coordinate with the USFWS regarding the biological conclusion for
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this species
Following the selection of the Preferred Alternative, the USFWS determined that the project
would have No Effect on the Tar River spinymussel Therefore, further surveys for the Tar River
spmymussel are not required
NCDOT will work with the residents of the Renston Community and the Wmterville Historical
Association to compile a collective history of the rural historic district NCDOT will contract
with a cultural resources consultant who will be responsible for the following tasks
• Gathering oral histories from the residents of the Renston Rural Historic District
• Providing training to residents of the Renston community to learn how to record oral
histories and gather documentary materials
• Compile documentary materials and digitize images such as photos, scrapbooks, and
other artifacts
Finally, the cultural resources consultant will produce a digital document which contains the
recorded oral histories and documentary materials The compilation will be provided on a CD-
ROM to the following
• Winterville Historical and Arts Society, Inc in Winterville
• North Carolina Museum of the Coastal Plain in Wilson
• Eastern North Carolina Digital Library (Joyner Library) at East Carolina University to
Greenville
• State Historic Preservation Office in Raleigh
• Concurring parties to the Section 106 MOA
The final product shall be completed and distributed within three (3) years of the execution of the
Section 106 MOA
2008
Greenmlle Southwest B j?asc August
State Record of Decision Page 1 of 3
1
PROJECT COMMITMENTS
PDEA/Roadway Design '
Noise Abatement barriers for the preferred alternative will be investigated in more detail in the
design study phase of the project after the Record of Decision (ROD) is issued
Roadway Design/Structure Design/Roadside Environmental '
NCDOT will use two-bar, galvanized metal rails and galvanized guardrails on the four bridges
within the Renston Rural Historic District In addition, the abutments for the bridges will be
sloped and constructed of concrete The earthen slopes on either side of the bridges will be ,
planted with native shrubs Designs for the bridges will be reviewed by the State Historic
Preservation Office (HPO) and the Section 106 Memorandum of Agreement (MOA) concurring
parties prior to 80% completion of the final Roadway Design Plans
PDEA/Ri ht-of-Wa '
g Y
Within the limits of the Renston Rural Historic District, NCDOT will lease, or make available to '
lease, property acquired during the Right-of-Way Acquisition process back to the original owners
for continued maintenance until construction commences
PDEA/Roadside Environmental/Division 2
NCDOT will work with HPO and the Section 106 MOA concurring parties to develop and install '
two signs on NC 903, one on each end of the Renston Rural Historic District The purpose of
these signs is to identify entry into the historic district and will contain text that describes the '
historic significance of Renston They will not identify individual properties within the district
NCDOT will install the signs and negotiate individual agreements about their continued '
maintenance with the owners of the property on which the sign is placed
Division 2 '
NCDOT will not allow the erection of billboards along the new facility within NCDOT's Right of ,
Way
Geotechnical Engineering Unit
When the final proposed centerline is established and right of way determined, a hazardous
materials site assessment will be performed to the degree necessary to determine levels of
contamination at any potential hazardous materials sites along the preferred alternate The
Greenville Southwert Byparr August 2008 '
State Record of Decision Page 2 of 3
1
PROJECT COMMITMENTS
assessment will be made prior to right of way acquisition Resolution of problems associated
with contamination will be coordinated with appropriate agencies
Roadside Environmental/Roadway Design/Location & Surveys
Plantmgs will be planted in accordance with NCDOT's Guidelines for Planting within Highway
Right-of-Way Within the Renston Rural Historic District, the slopes on either side of the four
bridges will be planted with native shrubs, and a wood and wire fence will be erected along the
control of access for the length of the project through the historic district Along this control of
access fence there may be native trees and shrubs planted in groupings similar to those found in
the surrounding rural landscape Preliminary Post-Construction Landscape Design plans will be
provided to HPO and the Section 106 MOA concurring parties for their review and comment In
addition, NCDOT shall stake the Right-of-Way limits within the Renton Rural Historic District
once the Right-of-Way plans are finalized This will allow property owners to install landscaping
along their property lines before construction begins on the undertaking
PDEA/ Roadway Design/ Division 2
NCDOT will coordinate with the Town of Ayden regarding the design modification requested in
April 2007 These concerns will be resolved prior to the completion of the final design
Greenville Southwest Byparr Augurt 2008
State Record of Decision Page 3 of 3
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APPENDIX B
I COMMENTS ON THE STATE FEIS
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RECER, ,'4
°al.l 1,00. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4 Division of HIS
o Q ATLANTA FEDERAL CENTER MAR O s 208
a 61 FORSYTH STREET
?'q( PRO'??O ATLANTA, GEORGIA 30303-8960
Pi`dC0f15bu&'!u ,
PMJW
'
February 26, 2008 Sri ...yyam.,
ilUlil,?lal?
' Oregory J Thorpe, PhD
Environmental Management Director
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
' 1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Subject Greenville Southwest Bypass
Final EIS, TIP R-2250
NCDOT Project Definition No 34411
' Dear Dr Thorpe:
The U S. Environmental Protection Agency (EPA) Region 4 has reviewed the
subject document and is providing comments consistent with Section 102(2)(C) of the
National Environmental Policy Act (NEPA) and Section 309 of the Clean Air Act
(CAA) The North Carolina Department of Transportation (NCDOT) is proposing to
construct the Greenville Southwest Bypass from US 264 in Greenville to NC 11 south of
the town of Ayden The proposed project is approximately 13.2 miles with 2 2 miles of
1 improving existing facilities. The proposed bypass would be a 4-lane, divided freeway
with a46-foot median This project has been in the NEPA/Section 404 Merger process
and EPA has been actively involved during project planning
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EPA concurred on the Purpose and Need for this project on February 15, 2001,
which included improved traffic flow and reducing congestion on Memorial Drive (NC
11) and Stantonsburg Road (US 264 Business), relief of congestion on NC 11 in
Greenville and thereby improving safety, and improving regional travel along the US
264/NC 11 corridor EPA concurred with NCDOT, FHWA and other Merger team
agencies on the alternatives to be carried forward for detailed study on February 17, 2005
(i e , Concurrence Point 2), and on bridging decisions for major wetland and stream
crossings (i e., Concurrence Point 2A) on October 31, 2005 EPA concurred on the`-east
Environmentally Damaging Practicable Alternativd'(LEDPA) on November 16, 2006.
A Draft Environmental Impact Statement (DEIS) was issued on July 11, 2006 At
that time the project was proposed to be Federally funded Subsequently, Federal aide
monies are no longer being utilized and thus the project is being processed under the
North Carolina (State) Environmental Policy Act CSEPA') EPA provided written
comments on the DEIS on September 8, 2006. A copy of EPA's DEIS comment letter is
included in Appendix J 1 of the FEIS.
Internet Address (URL) • http //www epa 90V
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
II
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NCDOT has provided responses to EPA's comments in Section 7 of the FEIS
beginning on Page 7-11 EPA's recognizes that NCDOT has responded to the DEIS '
comments and incorporated suggested avoidance and minimization measures, including
the removal of the interchange at NC 903. Based upon EPA's records, Merger
Concurrence point 4A, avoidance and minimization was concurred upon on June 14,
2007 EPA has attached general comments on the FEIS (See Attachment).
EPA plans to continue its Merger process involvement in tins proposed project
through the hydraulic and permit review stages, including the detailed avoidance and
minimization efforts for stormwater management and the use of Best Management
Practices (BMPs) Please include Ms Kathy Matthews of EPA's Wetlands Section on
any future meeting notices Should you have any questions about EPA's comments, please
contact Mr Christopher Mihtscher on my staff at (919) 856-4206 or by e-mail at
militscher chns@epa gov
Sincerely,
Heinz J Mueller
Chief, NEPA Program Office
Office of Policy and Management
Cc K Jolly, USAGE Wilmington Distract
J Sullivan, FHWA-NC
P Benjamin, USFWS-Raleigh
B. Wrenn, NCDENR-DWQ
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Attachment
Greenville Southwest Bypass
Pitt County
R-2250
Specific Comments on the FEIS
Administrative Issue
EPA recommends that NCDOT or FHWA notify EPA Headquarters (Ms Pearl
Young, NEPA Compliance Division, at 202-564-1399 or young pearleeya gov) that the
Federal NEPA process for the proposed project has been terminated, so that the project
can be removed from the national tracking system
Project Impacts
EPA will include the project impacts for tlus project in the database for the
Merger 01 Environmental Performance Measure Based upon EPA's review of the FEIS,
the estimated project impacts for the selected alternative (i e., Alternative 4-EXT ) are as
follows
Relocations 39 Residential/1 Business
Schools/Churches. 0/0
EJ Communities 0
Sections 106/4f 1/1 (Renton Historic District)
Archaeological Sites 0
Wetlands 0 1 acre
Streams 1,756 linear feet
Riparian Buffers- 4 0 acres
Prime farmlands. 0 acres (Prime farmland soils. 268 4 acres)
Hazardous Material Sites: 15
Noise receptors 7 (17 without proposed noise barrier)
ESA None
Clean Air Act- None (conformity)
Critical Water Supplies None
Indirect and Cumulative Impacts
EPA recognizes that the proposed interchange at NC 903 has been eliminated as
part of the avoidance and mimmization process and will result in reduced impacts to both
the human and natural environment The elimination of this interchange also reduces the
direct impact to the Renston Historic District from approximately 51 acres to 39 acres
Moreover, the elimination of this interchange also substantially reduces the indirect and
cumulative impacts in this rural area Development pressures are greatest around new
highway access points and interchanges The partial control of access along this new
route and the elimination of this interchange will help to minimize the indirect and
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cumulative impacts to surface waters and wetlands in the project study area. EPA
acknowledges NCDOTs summary of an Indirect and Cumulative Impact (ICI) analysis in '
Section 4.10 of the FEIS. A quantitative ICI (1 e., Indirect and Cumulative Impact Water
Quality Study Report, 2007) has been prepared and that it included watershed modeling
within the project study area to determine the potential increases in stormwater runoff '
and non-point source loads for nitrogen, phosphorus and sediment EPA requests that a
copy of this quantitative ICI report that was submitted to the North Carolina Division of
Water Quality (DWQ) also be provided to Ms Kathy Matthews of EPA
Stream and Wetland Compensatory Mitigation
EPA recognizes that NCDOT may seek to obtain compensatory mitigation r
through the Ecosystem Enhancement Program (EEP) EPA and other resource agencies
have previously identified streams and wetlands along the proposed corridor that may be
enhanced or restored from past agricultural activities through on-site mitigation efforts.
EPA requests that NCDOT continue to explore on-site mitigation opportunities along the
selected highway alignment and keep EPA staff apprised of identified candidate sites.
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RECEIVED
Division of Highways
•@ Wk
North Carolina MAR 11 1008
Department of Administration P?econstrlictwn
Protect Developm3nt and
EnvironmentalAnal'sm D,jnO
Michael F Easley, Governor Britt Cobb, Secretary
Mr Gregory Thorpe
N C Dept of Transportation
Project Dev & Env Analysis Branch
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Mr. Thorpe
March 7, 2008
Re SCH File # 08-E-4220-0218, FEIS, Greenville Southwest Bypass, Proposed Improvements to
NC 11 and US 264 Business, Greenville, NC, TIP #R-2250
The above referenced environmental )impact information has been reviewed through the State
Clearinghouse under the provisions of the North Carolina Environmental Policy Act
Attached to this letter are comments made by agencies in the course of this review Based on a
consideration of the comments it has been determined that no additional State Clearinghouse
environmental review action on your part is needed for compliance with the North Carolina
Environmental Policy Act A Record of Decision pursuant to NCAC 25 606 should be filed with the
State Clearinghouse The attached comments should be taken into consideration in protect development
and where appropriate discussed in the Record of Decision
Best regards.
'
Attachments
cc Region Q
Mailing Address
1301 Mail Service Center
Raleigh, NC 27699-1301
Sincerely,
?1 A 7(C;,
Ms Chrys Baggett
Environmental Policy Act Coordinator
Telephone (919)807-2425
Fax (919)733-9571
State Courier #51-01-00
e-mail Chrys Baggett@ncmad net
An Equal Opportunity/Affirmative Actron Employer
Location Address
116 West Jones Street
Raleigh, North Carolina
AN%
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F Easley, Governor William G Ross Jr, Secretary
MAR2008
MEMORANDUM ° RECEIVED
UDA
TO Chrys Baggett
State ClearinJ'g?h/ouse
FROM Melba McGee Y
Environmental Review Coordinator
RE 08-0218 FEIS for the Proposed Greenville Southwest Bypass in
Greenville, Pitt County
DATE March 3, 2008
The Department of Environment and Natural Resources has reviewed the
proposed information The applicant is encouraged to consider the attached
recommendations by the Division of Water Quality Addressing these comments
during the review process and/or during the NEPA Merger Process will avoid
delays during the permit phase
Thank you for the opportunity to review
Attachments
1601 Mad Service Center, Raleigh, North Carolina 27699-1601
Phone 919-733-49841 FAX- 919-715-30601 Internet www enr state nc us/ENR/
An Equal Opportunely / Affirmative Action Employer- 50 % Recycled 110 % Post Consumer Paper
NonrthCarohna
Saturday
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?o`'O? W A r?9pG
o Y ?3 4 5
Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
RECEIVED ,
DOA OFM
? February 11, 2008
MEMORANDUM
To Melba McGee
From David Wainwright, Division of Water Quahty#
Subject. Comments on the Final Environmental Impact Statement related to proposed Southwest
Greenville Bypass, Pitt County, TIP R-2250
This office has reviewed the referenced document dated December 20, 2007 The Division of Water
Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for
activities that impact Waters of the US, including wetlands It is our understanding that the project as
presented will result in impacts to, jurisdictional wetlands, streams, and other surface waters The DWQ
offers the following comments based on review of the aforementioned document
Project Specific Comments:
This project is being planned as part of the 404/NEPA Merger Process As a participating team
member, the NCDWQ will continue to work with the team
2 Harris Mill Run, Greens Mill Run, Swift Creek, Gum Swamp, Nobel Canal, Horsepen Swamp,
Simmons Branch, Fork Swamp, and Little Contentnea Creek are class C, NSW waters of the State
DWQ is very concerned with sediment and erosion impacts that could result from this project
DWQ recommends that highly protective sediment and erosion control BMPs be implemented to
reduce the risk of nutrient runoff to these Creeks DWQ requests that road design plans provide
treatment of the storm water runoff through best management practices as detailed in the most
recent version of NC DWQ Stormwater Best Management Practices
3 Although they may not be impacted directly by the preferred alternative, both Little Contentnea
Creek and Swift Creek are class C Sw,NSW, 303(d) waters of the State, and the project will impact
several tributaries to them Swift Creek is on the 2006 303(d) list for impaired use of aquatic life
due to biological integrity, Little Contentnea Creek is on the 2006 303(d) list for low dissolved
oxygen Discharges to Little Contentnea and Swift Creek's tributaries may have an adverse effect
on these streams themselves, especially with regards to sediment and erosion from this project
DWQ recommends that the most protective sediment and erosion control BMPs be implemented to
reduce the risk of nutrient runoff from reaching Little Contentnea Creek and Swift Creek DWQ
requests that road design plans provide treatment of the storm water runoff through best
management practices as detailed in the most recent version of NC DWQ Stormwater Best
Management Practices
4 This project is within the Neuse and Tar-Pamlico River Basins Riparian buffer impacts should be
avoided and minimized to the greatest extent possible pursuant to 15A NCAC 2B 0233 (Meuse
River Basin) and 15A NCAC 213 0259 (Tar-Pamlico River Basin) New development activities
1Vo Carolina
Transportation Permitting Unit Wuraillf
1650 Mad Service Center, Raleigh, North Carolina 276991650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone 919 733-1786 / FAX 919 733-6893 / Internet: htta //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
located in the protected 50-foot wide riparian areas within the basin shall be limited to "uses" ,
identified within and constructed in accordance with 15A NCAC 2B 0233 and 15A NCAC
2B 0259 Buffer mitigation may be required for buffer impacts resulting from activities classified
as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a
variance under the Buffer Rules A buffer mitigation plan, including use of the NC Ecosystem
Enhancement Program, must be provided to DWQ prior to approval of the Water Quality
Certification.
General Comments:
5 Environmental documentation should provide a detailed and itemized presentation of the proposed
impacts to wetlands and streams with corresponding mapping If mitigation is necessary as required
by 15A NCAC 2H 0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan
with the environmental documentation Appropriate mitigation plans will be required prior to
issuance of a 401 Water Quality Certification
6 Environmental assessment alternatives should consider design criteria that reduce the impacts to ,
streams and wetlands from storm water runoff These alternatives should include road designs that
allow for treatment of the storm water runoff through best management practices as detailed in the
most recent version of NC DWQ Stormwater Best Management Practices, such as grassed swales,
buffer areas, preformed scour holes, retention basins, etc
After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the NCDOT is respectfully reminded that they will need to demonstrate the avoidance
and minimization of impacts to wetlands (and streams) to the maximum extent practical In
accordance with the Environmental Management Commission's Rules {I SA NCAC 2H 0506(h)},
mitigation will be required for impacts of greater than 1 acre to wetlands. In the event that
mitigation is required, the mitigation plan should be designed to replace appropriate lost functions
and values The NC Ecosystem Enhancement Program may be available for use as wetland
mitigation
8 In accordance with the Environmental Management Commission's Rules ( 15A NCAC
2H 0506(h)), mitigation will be required for impacts of greater than 150 linear feet to any single
perennial stream In the event that mitigation is required, the mitigation plan should be designed to
replace appropriate lost functions and values The NC Ecosystem Enhancement Program may be
available for use as stream mitigation
9 Future documentation, including the 401 Water Quality Certification application, should continue to
include an itemized listing of the proposed wetland and stream impacts with corresponding
mapping
10 The DWQ is very concerned with sediment and erosion impacts that could result from this project
The NCDOT should address these concerns by describing the potential impacts that may occur to
the aquatic environments and any mitigating factors that would reduce the impacts
11 The NCDOT is respectfully reminded that all impacts, including but not limited to, bridging, fill,
excavation and clearing, to, jurisdictional wetlands, streams, and riparian buffers need to be included
in the final impact calculations These impacts, in addition to any construction impacts, temporary
or otherwise, also need to be included as part of the 401 Water Quality Certification Application
wetlands or streams
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12 Sediment and erosion contro
13 Borrow/waste areas should avoid wetlands to the maximum extent practical Impacts to wetlands in
borrow/waste areas will need to be presented in the 401 Water Quality Certification application and
could precipitate compensatory mitigation
r 14 The 401 Water Quality Certification application will need to specifically address the proposed
methods for stormwater management More specifically, stormwater should not be permitted to
discharge directly into streams or surface waters
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15 Based on the information presented in the document, the magnitu
streams may require an Individual Permit (IP) application to the Corps of Engineers and
corresponding 401 Water Quality Certification Please be advised that a 401 Water Quality
Certification requires satisfactory protection of water quality to ensure that water quality standards
are met and no wetland or stream uses are lost Final permit authorization will require the submittal
of a formal application by the NCDOT and written concurrence from the NCDWQ Please be
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aware that any approval will be contingent on appropriate avoidance and minimization o
and stream impacts to the maximum extent practical, the development of an acceptable stormwater
management plan, and the inclusion of appropriate mitigation plans where appropriate
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16 If concrete is used during construction, a dry work area shou
contact between curing concrete and stream water Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and
' possible aquatic life and fish kills
17 If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations Disturbed areas should be seeded or mulched to stabilize the soil and
appropriate native woody species should be planted When using temporary structures the area
should be cleared but not grubbed Clearing the area with chain saws, mowers, bush-hogs, or other
mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate
naturally and minimizes soil disturbance
18 Placement of culverts and other structures in waters, streams, and wetlands shall be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ If this condition is unable to be met due to bedrock or
other limiting features encountered during construction, please contact the DWQ for guidance on
how to proceed and to determine whether or not a permit modification will be required
19 If multiple pipes or barrels are required, they should be designed to mimic natural stream cross
section as closely as possible including pipes or barrels at flood plain elevation and/or sills where
1
appropriate Widening the stream channel should be avoided Stream channel widening at the inlet
or outlet end of structures typically decreases water velocity causing sediment deposition that
requires increased maintenance and disrupts aquatic life passage
20 If foundation test borings are necessary; it should be noted in the document Geotechnical work is
approved under General 401 Certification Number 3494/Nationwide Permit No 6 for Survey
Activities
21 Sediment and erosion control measures sufficient to protect water resources must be implemented
and maintained in accordance with the most recent version of North Carolina Sediment and Erosion
Control Planning and Design Manual and the most recent version of NCS000250
22 All work in or adjacent to stream waters should be conducted in a dry work area Approved BMP
measures from the most current version of the NCDOT Construction and Maintenance Activities
manual such as sandbags, rock berms, cofferdams and other diversion structures should be used to
prevent excavation in flowing water ,
23 While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of
Wetland Significance (NC-CREWS) maps and soil survey maps are useful tools, their inherent
inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit ,
approval
24 Heavy equipment should be operated from the bank rather than in stream channels in order to
minimize sedimentation and reduce the likelihood of introducing other pollutants into streams This
equipment should be inspected daily and maintained to prevent contamination of surface waters
from leaking fuels, lubricants, hydraulic fluids, or other toxic materials
25 Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner
that precludes aquatic life passage Bioengineermg boulders or structures should be properly
designed, sized and installed
26 Riparian vegetation (native trees and shrubs) should be preserved to the maximum extent possible
Riparian vegetation must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction
The NCDWQ appreciates the opportunity to provide comments on your project Should you have any
questions or require any additional information, please contact David Wainwright at (919) 715-3415
cc William Wescott, US Army Corps of Engineers, Washington Field Office
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Garcy Ward, DWQ Washington Regional Office
File Copy
9 North Carolina Wildlife Resources Commission 0
MEMORANDUM KK 5 6 )0
:4
41 *7
82008
TO Melba McGee RECEI
VEd
Office of Legislative and Intergovernmental Affairs, DENR ?'s ofte
A .v
FROM. Travis Wilson, Highway Project Coordinator
Habitat Conservation Program
DATE February 28, 2008
SUBJECT* North Carolina Department of Transportation (NCDOT) State Finial
Environmental Impact Statement (SFEIS) for the proposed Greenville Southwest
Bypass in Greenville, Pate County, North Carolina TIP No. R-2250, SCH Project
No. 080218
Staff biologists with the N. C Wildlife Resources Commission have reviewed the subject
SFEIS and are familiar with habitat values in the project area. The purpose of this review was to
assess project impacts to fish and wildlife iesourees Our comments are provided in accordance
with certain provisions of the National Enviromnental Pohcy Act (42 U.S.C. 4332(2)(c)) and the
Fish and Wildlife Coordination Act (48 Stat 401, as amended, 16 U S.C. 661-667d)
NCDOT proposes to construct the Greenville Southwest Bypass from US 264 west of
Greenville to NC 11 south of Ayden. As a member of the Section 404/NEPA Merger Teams,
NCWRC supports the selection of alternative 4-EXT as the Least gnviroinneatally Damaging
Alternative
We have reviewed the data provided in the SFEIS The SFEIS reflects NCWRC comments
from pnor meetings and coordination This project will continue to go through the Section
404/14EPA Merger process Additional agency coordination will occur through concurrence
point 4b and 4c in the Section 404/NEPA Merger process Thank you for the opportunity to
comment If we can be of any further assistance please call me at (919) 5289886
11 Ailing Address. Division of Inland Fishencs • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone. (919) 707-0220 - Fax: (919) 707-0028
°-' 60 39tld 66868Z96Z6 69.60 800Z/8Z/Z0
1
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peters Sandheek,Administrator
Kwhael F Easley, Governor
Lubeth C Evans, secretary
JeffreyJ Ctom, Deputy secretary
February 28, 2008
MEMORANDUM
TO: Greg Thorpe, Ph D , Director
Project Development & Environmental Analysis Branch
NCDOT Division of Highways
FROM: Peter Sandbeck oa-l> r? ?
Office of Archwes and History
Drvni= ofHutoricai Resources
David Brook, Director
ti IM2008
RECEwo
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00A
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SUBJECT- Greenville Southwest Bypass, improvements to NC 11 and US 264 Business, R-2250,
Pitt County, GS 93-0035, 08-E-4220-0218
We have received the State Final Environmental Impact Statement (FEIS) for the project As the document
notes (Section 4 4.2, Page 4-26), we agreed with the preliminary results of the survey on June 7, 2007, finding
that the 48 recorded archaeological sites were meltable for the National Register of Historic Places and
required no further investigation We recently received the final report and site forms for the survey. Once we
have completed our review of these documents, we will complete our review of the project
The FEIS correctly documents the findings related to historic buildings and the Renston National Register
Historic District Given the adverse effect the Preferred Alternative will have on the district, we look forward
to consulting with the Army Corps of Engineers, the Department of Transportation, and the affected historic
property owners in accordance with the Advisory Council on Historic Preservation's Regulations for
Compliance with Section 106 codified at 36 CFR Part 800 and to the parties' developing a Memorandum of
Agreement for the undertaking
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919/807-6579 In all future
communication concerning this project, please cite the above referenced tracking number
cc: State Clearinghouse
William Wescott/USACE, Wilmington
Mary Pope Furr/NCDOT
Matt Wilkerson/NCDOT
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- Location Ma.ino Address
ADMiNISTRAMON 109 East Jones Street, Raleigh NC 24601 4617 Mail Service Center, Raleigh NC 27699-4617
RESTORATION 109 East Jones Stmt, Raleigh NC 24601 4617 M" Service Center, Raleigh NC 27699-4617
SURVEY & PLANNING 109 Feat Jones Street, Raleigh NC 24601 4617 Mad Service Center, Raleigh NC 27699-4617
i
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J
CITY OF GREENVILLE
PO Box 7207
1
NORTH CAROLINA
27835-7207
PUBLIC WORKS DEPARTMENT
February 21, 2008
Mr Gregory J Thorpe, PhD
Project Development & Environment Analysis Branch
NC Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
RECEIVED
Division of Highways
FEB 2 7 2000
ptaMstrad"11
pw8lop a sod
EnvWxwo talAnalysis Bmnd i
Project Greenville Southwest Bypass Study
Improvements to NC 11 acid US 264 Business, Pitt County
NCDOT Project Definition No - 34411
TIP I D No R-2250
Re Final Environmental Impact Statement (FEIS) Comments
Dear Mr Thorpe
The City of Greenville has reviewed the referenced document and presents the following
comments*
?j Page S-2, section S 4
• The replacement project schedule for Bridge #38 does not correspond with the "Draft'
2009 - 2015 STIP The right of way acquisition and construction of this project is listed
in the "unfunded future years" category Please address accordingly
Page S-2, section S 4 Referring to the section entitled "City of Greenville Projects"
• The title should be changed to "Greenville Urban Area Metropolitan Planning
Organization (MPO) Projects", as this is the perceived intent of the list and the projects
are not exclusively city-funded projects Attached is the MPO's adopted transportation
priority list
• Remove the first bullet point of the list The W H Smith Road project does not appear
on the MPO's adopted priority list
• Remove the second bullet point The Dickinson Road Widening Project is not mentioned
in the MPO's adopted priorities list, but is listed in the Thoroughfare Plan You may
want to create a new category listing improvements recommended by the Greenville
Urban Area MPO Thoroughfare Plan, but are not on the MPO's adopted priority list
(typical comment for projects in this section meeting this criterion)
• Identify the Thomas Langston Road Extension project as a locally-funded project
• The widening of Forlines Road is not mentioned in the MPO's adopted priority list,
however, it is presented in the Greenville Urban Area Thoroughfare Plan
• NC 102 Widening Project should be removed as it is not an MPO-adopted priority A
section of road (from NC 11 to the proposed SW Bypass interchange with NC 102) is
proposed to be widened as part of the SW Bypass project
COG-1740632-v2-SW_Bypass_FEIS comment letter DOC Page 1 of 2
1500 Beatty Street • Greenville, North Carolina • 27834
Mr Thorpe/FEIS Comments
Page 2
February 21, 2008
• Juanita Avenue Extension is not mentioned in the MPO's adopted priority list, but it is
presented in the Greenville Urban Area Thoroughfare Plan
• The Southeast Bypass is not mentioned in the MPO's adopted priority list, but it is
presented in the Greenville Urban Area Thoroughfare Plan
Page 1-1, section 13
• Third line The correct name of SR 1204 is "B's Barbeque Road" Please address
accordingly throughout the document ,
Page 1-14, section 19 3
• Future growth was estimated using an older travel demand model NCDOT has recently
completed an updated model in a TRANSCAD platform NCDOT has been in
possession of this new model since the fall of 2007 It is suggested that NCDOT consider
evaluating and comparing its study data with this new model ,
Page 2-14, section 2 5, including all subsections
• Refer to above note
Page 3-12, section 3 2 3 1
• The Greenville Urban Area Thoroughfare Plan is not also referred to as the 2030 Long M
Range Transportation Plan They are two separate documents Please address
accordingly _
Page 4-11, section 4.2.2
• The Greenville Urban Area Thoroughfare Plan does not prioritize projects, it refers to the
Greenville Urban Area MPO's Transportation Priorities List Project priority is based on
the MPO's adopted priorities list A copy of the MPO's adopted transportation priorities ,
list is attached
Lastly, there is no mention in the draft document of the proposed roadway configuration of NC
102 NCDOT staff has recently communicated to this office that NC 102 between NC 11 and the
SW Bypass interchange is planned to be four lanes This future roadway configuration should be
mentioned as a planned improvement in this document and in the final Record of Decision
Should you have any questions, please contact Mr Daryl Vreeland, Transportation Planner, at
(252) 329-4476 or me at (252) 329-4525
Sincerely,
David T Brown, PE
City Engineer
Attachments
alb
cc Daryl Vreeland, Transportation Planner
COG-#740632-v2-SW Bypass_FEIS_comment_letter DOC Page 2 of 2
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' RESOLUTION NO.2007-04-GUAMPO
RESOLUTION ESTABLISHING THE GREENVILLE URBAN AREA METROPOLITAN
PLANNING ORGANIZATION'S 2007-2008 TRANSPORTATION IMPROVEMENT
PRIORITIES
TO BE PRESENTED TO THE NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
WHEREAS, the Greenville Urban Area Metropolitan Planning Organization held public
informational meetings on October 2 and October 3 and a 45-day comment period to receive citizens' mput
on the Transportation Improvement Priorities, and
t WHEREAS, the Transportation Advisory Committee of the Greenville Urban Area met on the 16th
day of November 2007, to consider needed transportation improvement priorities,
NOW, THEREFORE, BE IT RESOLVED by the Transportation Advisory Committee of the
Greenville Urban Area that the following transportation improvements, listed by category in order of
priority, are recommended to the North Carolina Department of Transportation for inclusion in the
Transportation Improvement Program
2007-2008 TRANSPORTATION IMPROVEMENT PRIORITIES
HIGHWAY IMPROVEMENTS
1 SOUTHWEST BYPASS - Construct a four-lane, median divided, limited access facility on new
location from US-264 west of Greenville to NC-11 near Ayden with a bypass of Wmterville
(7 8 miles) (ID No. R-2250).
2 TENTH STREET CONNECTOR - Improve existing multi-lane, curb and gutter facility with
sidewalk, bicycle, and landscaping improvements on Farmville Boulevard from Memorial Drive
(NC-11/43/903) to Fourteenth Street, and new location multi-lane urban section facility from
Fourteenth Street to Dickinson Avenue (SR-1598) at Tenth Street (SR-1598) with a grade separation
at CSX Railroad (0 9 miles) (ID No. U-3315)
3 EVANS STREET AND OLD TAR ROAD (SR-1700) - Widen existing two/three-lane roadway to
multi-lane urban section facility with sidewalk, bicycle, and landscaping improvements from
Greenville Boulevard (US-264A) to Worthington Road/Cooper Street (SR-1711) (3 8 miles)
(ID No. U-2817; programmed for planning and environmental studies only for the entire
section).
11 4 NC 43 - Widen existing two-lane roadway to a four-lane divided facility from Memorial Drive
(NC 1 VUS 13) to US 264 (2 5 miles) (ID No. U-5018).
* Project is an UNMET NEED, where fundmg has not been programmed in the TIP for the project
2
5 * GREENVILLE BOULEVARD (US 264AINC-43) - Widen to six travel lanes and improve
intersections from Memorial Drive (NC-11/903) to Charles Blvd (2 3 miles) '
6 * FIRE TOWER ROAD PHASE H (SR-1708) -Construct a multi-lane urban section facility on new
location with sidewalk, bicycle, and landscaping improvements from Memorial Drive (NC-11/903) to
Forlmes Road (1.6 miles) (ID No. U-3613).
7 * MAIN STREET (SR 1133) - Reconstruct existing curb and gutter portion with sidewalk,
landscaping, and bicycle improvements from NC-11 to the end of curb and gutter, widen existing two-
lane roadway to a multi-lane urban section facility with sidewalk, landscaping, and bicycle
improvements from the end of existing curb and gutter to the end of the existing pavement east of Old
Tar Road (SR-1700)
8 * FROG LEVEL ROAD (SR-1 127) - Widen to meet tolerable lane width requirements and to serve as
a connector between US 131US 264A and NC-903
9. NC-33 WEST - Widen roadway to a multi-lane rural section facility from US-264 in Greenville to '
US-64 southeast of Tarboro (17 9 miles) (ID No. R-3407)
10* FIRE TOWER ROAD PHASE III, EAST FIRE TOWER ROAD (SR-1725) FROM CHARLES
BOULEVARD (NC-43) TO FOURTEENTH STREET EXTENSION (SR-1704) - Widen existing
two-lane roadway to a multi-lane urban section facility from Charles Boulevard (NC-43) to Fourteenth
Street Extension (SR-1704) (0 6 miles)
11 * FOURTEENTH STREET (SR-1704) - Widen existing two-lane roadway to a multi-lane urban
section facility with intersection improvements from York Road to East Fire Tower Road (SR-1725)
(0 9 miles)
12 * NORTHEAST BYPASS INCLUDING THE US-264/NC-33 EAST CONNECTOR - Construct a
four-lane, median divided, limited access facility on new location from US-264 Northwest Bypass to
NC-33 East with a new bridge over the Tar River east of Greenville (9 2 miles) (ID No. U-3430)
13 * FIRE TOWER ROAD PHASE IV, EAST FIRE TOWER ROAD (SR-1725) FROM
FOURTEENTH STREET EXTENSION (SR- 1704) TO PORTERTOWN ROAD (SR 1726)
AND PORTERTOWN ROAD - Widen existing two-lane roadways to multi-lane urban section
facilities on East Fire Tower Road from Fourteenth Street Extension (SR-1704) to Portertown Road
(SR-1726) ( 75 miles), and Portertown Road from East Fire Tower Road (SR-1725) to dust east of the
railroad tracks (12 miles) Includes intersection improvements at East Fire Tower Road and
Portertown Road to change the primary movement to East Fire Tower Road and the northern leg of
Portertown Road
14 * CHARLES BOULEVARD (NC-43 South) - Widen existing two-lane and three-lane roadway to a
multi-lane urban section facility including sidewalk, landscaping, and bicycle improvements from
Bell's Fork to Worthington Road (SR-1711) (3 0 miles)
t
* Project is an UNMET NEED, where funding has not been programmed in the TIP for the project I
t
Adopted the 16th day of November 2007
j
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ATTEST
Qrr,.a C?
Amanda J Braddy, AC Secretary
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Greenville Urban Area
Transportation Advisory Committee
6
COG-#719609-vl-Resoluhon_No_2007_04_GUAMPO_2007_2008_Prionthes DOC
I * Project is an UNMET NEED, where funding has not been programmed in the TIP for the project
D
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APPENDIX C
' SECTION 106
MEMORANDUM OF AGREEMENT
11
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MEMORANDUM OF AGREEMENT
AMONG
THE UNITED STATES ARMY CORPS OF ENGINEERS,
WILMINGTON DISTRICT,
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
AND
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
FOR
GREENVILLE SOUTHWEST BYPASS
PITT COUNTY, NORTH CAROLINA
TIP PROJECT R-2250
WHEREAS, the Regulatory Division of the United States Army Corps of Engineers (USACE),
Wilmington District, is considering issuance of a permit to the North Carolina Department of
Transportation (NCDOT) pursuant to Section 404 of the Clean Water Act (33 U S C 1344), for
construction of the Greenville Southwest Bypass, Pitt County, North Carolina (the Undertaking),
and
WHEREAS, the USACE and NCDOT have determined that the Undertaking will adversely affect
the Renston Rural Historic District, a property listed in the National Register of Historic Places
(NRHP) under Criteria A and C, and
WHEREAS, the USACE and NCDOT have consulted with the North Carolina State Historic
Preservation Officer (SHPO) pursuant to 36 CFR 800, regulations implementing Section 106 of the
National Historic Preservation Act (16 U S C 470f) and 33 CFR 325 Appendix C, and
WHEREAS, property owners within the Renston Historic District have participated in the
consultation and have been invited to concur in this Agreement, and
WHEREAS, by signing this Memorandum of Agreement (MOA), the Signatory or Concurring
Party(ies) does not necessarily signify that the party approves of the Undertaking, but rather that the
provisions of the MOA are an appropriate means to mitigate effects on the Renston Rural Historic
Distract, and
WHEREAS, the USACE has notified the Advisory Council on Historic Preservation (Council) of
the adverse effect and it has declined to comment or participate in the consultation, and
WHEREAS, Signatory or Concurring Party(ies) status is achieved only through signing this MOA
NOW, THEREFORE, the USACE, NCDOT, and the North Carolina SHPO agree that the
Undertaking shall be implemented in accordance with the following stipulations in order to take into
account the effect of the Undertaking on the historic property
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STIPULATIONS '
The USACE will include the following conditions in any permit issued to NCDOT for the
Undertaking-
I. Bridge Design
NCDOT shall utilize two-bar, galvanized metal rails and galvanized guardrails on the four
bridges within the Renston Rural Htstonc District In addition, the abutments for the
bridges will be sloped and constructed of concrete The earthen slopes on either side of the
bridges will be planted with native shrubs Designs for the bridges shall be reviewed by
SHPO and the concurring parties prior to 80% completion of the final Roadway Design
Plans to insure comphance with this provision
II. Landscaping
Plantings will be planted in accordance with NCDOT's Guidelines for Planting within
Highway Right-of-Way Within the Renston Rural Historic District, the slopes on either side
of the four bridges will be planted with native shrubs, and a wood and wire fence will be
erected along the control of access for the length of the project through the historic district
Along this control of access fence there may be native trees and shrubs planted in groupings
similar to those found in the surrounding rural landscape Prehmiinary Post-Construction
Landscape Design plans will be provided to SHPO and the concurring parties for their
review and comment In addition, NCDOT shall stake the Right-of-Way limits within the
Renston Rural Historic District once the Right-of-Way plans are finalized This will allow
property owners to install landscaping along their property hnes before construction begins
on the undertaking
III Signage
NCDOT will work with SHPO and the concurring parties to develop and install two signs
on NC 903, one on each end of the Renston. Rural Historic District The purpose of these
signs is to identify entry into the historic district and will contain text that describes the
historic significance of Renston They will not identify individual properties within the
district NCDOT will install the signs and negotiate individual agreements about their
continued maintenance with the owners of the property on which the sign is placed
'
s
NCDOT's will not allow the erection of billboards along the new faclhtY within NCDOT
Right of Way
IV Maintenance of Land Purchased for Construction
Within the limits of the Renston Rural Historic District, NCDOT will lease, or make
available to lease back to the original owners any property acquired during the Right-of-Way
Acquisition process so that the owners may continue to use or maintain the property until
construction commences
V Oral History/Material Culture Documentation
NCDOT will work with the residents of the Renston Community and the Wmterville
Historical and Arts Society, Inc to compile a collective history of the rural historic district
NCDOT will contract with a cultural resources consultant who will be responsible for the
following tasks
1 Gathering oral histones from the residents of the Renston Rural Historic District
2
F1
2 Providing training to residents of the Renston community to learn how to record
oral histones and gather documentary materials
3 Compile documentary materials and digitize images such as photos, scrapbooks, and
other artifacts
The cultural resources consultant will produce a digital document which contains the
recorded oral histories and documentary materials The compilation will be provided on
f
? a CD-ROM to the following
l
l 1 Winterville Historical and Arts Society, Inc in Wintervnlle
2 North Carolina Museum of the Coastal Plain in Wilson
3 Eastern North Carolina Digital Labrary Qoyner Library) at East Carolina University
in Greenville
4 State Historic Preservation Office in Raleigh
5 Concurring parties to this MOA
The final digital product shall be completed and distributed within three (3) years of the
execution of this MOA
VI Unanticipated Discovery
In accordance with 36 CFR 800 11(a), if NCDOT identifies additional cultural resource(s)
during construction and determine them to be eligible for the NRHP, all work will be halted
within the limits of the NRHP-ehglble resource(s) and the USACE and SHPO contacted If
after consultation with the Signatory and Concurring Party(ies) additional mitigation is
determined necessary, the NCDOT, in consultation with the Signatory and Concurring
Party(ies), will develop and implement appropriate protection/mitigation measures for the
resource(s) Inadvertent or accidental discovery of human remains will be handled in
accordance with North Carolina General Statutes 65 and 70 as well as 33 CFR 325 Appendix
C
VII. Dispute Resolution
Should any of the Signatory or Concurring Party(ies) object within (30) days to any plans or
documentation provided for review pursuant to this Agreement, the USACE shall consult
with the objecting party(ies) to resolve the objection If the USACE or objecting party(ies)
determines that the objection cannot be resolved, the USACE will forward all
documentation relevant to the dispute to the Advisory Council on Historic Preservation
(Council) Within thirty (30) days after receipt of all pertinent documentation, the Council
will either
A Provide the USACE with recommendations which the USACE will take into
account in reaching a final decision regarding the dispute, or
B Notify the USACE that it will comment pursuant to 36 CFR Section 800 7(c) and
proceed to comment Any Council comment provided in response to such a request
will be taken into account by the USACE, in accordance with 36 CFR Section 800 7
(c) (4) with reference to the subject of the dispute
Any recommendation or comment provided by the Council will be understood to pertain
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ll
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e actions
o
t
s responsibility to carry out a
only to the subject of the dispute, USACE
under this agreement that are not the subject of the dispute will remain unchanged
3
VIII. Amendments
Should any of the Signatory or Concurring Party(ies) to this MOA believe that its terms
cannot be carried out or that an amendment to the terms must be made, that party(ies) shall
immediately consult with the other party(ies) to develop amendments in accordance with 36
CFR 800 6(c)(7) If an amendment cannot be agree upon, the dispute resolution process set
forth in Stipulation VII will be followed
IX. Ternunatton
Any of the Signatory or Concurring Party(ies) may terminate the MOA by providing notice
to the other party(ies), provided that the party(ies) will consult during the period prior to
termination to seek agreement on amendments or other actions that would avoid
termination Termination of this MOA will require compliance with 36 CFR 800 and 33
CFR 325 Appendix C This MOA may be terminated by the execution of a subsequent
MOA that explicitly terminates or supersedes its terms
X. Duration
Unless terminated pursuant to Stipulation IX above, this MOA will be in effect until
USACE, in consultation with the other Signatory and Concurring Party(ies), determines that
all of its terms have satisfactorily been fulfilled or if NCDOT is unable or decades not to
seek issuance of a permit from USACE for construction of the Undertaking
Execution of this Memorandum of Agreement by the USACE, North Carolina SHPO, and other
Concurring Party(ies), its subsequent filing with the Council and implementation of its terms
evidence that USACE, has afforded the Council an opportunity to comment on the Undertaking,
and that the USACE, has taken into account the effects of the Undertaking on this National
Register-listed historic district it
By ??+' 97- r ?.SL?!//?CVlT
Unites States Army Corps of Engineers,
By -
North
Preservation Officer
By
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of Vvinsportation
Date 5 Z $
District
Date
Date
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I FILED:
By Date
Advisory Council on Historic Preservation
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