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HomeMy WebLinkAbout20160191_Study_200808011 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 zz August 2008 APPENDICES A PROJECT COMMITMENTS B COMMENTS ON THE STATE FEIS C SECTION 106 MEMORANDUM OF AGREEMENT 1 1 1 1 1 1 11 Greenville Southwest B ass ziz August 2008 ' YP State Record of Deazszon t 1 1 1 1 I 1 1 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 ' 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 d d ' esign 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 t 24 I mpac s 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 ' h P f d re erre e • 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 y • 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 " , • 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 L 1 1 1 1 Greenville Southwest Bypass State Record of Decision 8 August 2008 1 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 t t k D P W f ill bli epar men or c s Greenv e - u City o 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 I 11 1 C 1 1 1 C 1 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 l t l d Th k t ions inc u e ey s ipu a e • 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 r 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 1 1 1 1 1 GreenmIle Southwest Bypass State Record of Deazsron 12 August 2008 1 w EXHIBITS EXHIBIT I - PROJECT VICINITY EXHIBIT 2 - PROJECT STUDY AREA EXHIBIT 3 - BUILD ALTERNATES EXHIBIT 4 - SELECTED ALTERNATIVE i i i i i i i i i ,r Pin County, i i % t °,-o aek,e{ n" 264 n ? ?M,: e?1?•y. o :?riy.?RJ 'v'\Or "v_ ??g°r UOw 1 01 $ dta„ neJP?Rtl 264 ?? 11 ?.4 °, R en Fey ,? Rtl 13 c° 264 264 s4 ?? ? .x ??' Fo?lnnx Rtl `m" UavarPwt Fa. ^n Rtl `? v°?'n ab a P \ a SRII,'i35 hii ? v R b ? ? 4ab? rv § ®O a° P\Kn Ro % a ? M 903 ? C? 11 ?3 ,., oho oG 11 903 .? SlockE McLawl1gn Rol P . Rn / ` 13 m U o?esa°I,ISaa w \orn si Greenville 33 a 264 m b gyp, N \ °„µ P• l ,ap9 ?i Rd PR<` y` ? ? Bed°n?C R° L a a Vy o d SWkec RO Jai ee? j _ _ _ G` V?ObIBYa wannl° mP° Rtl Winterville \•R0 c °sy„a Nye` lniinb Ellle RJ ?I15 ?nx'V Rtl I 4 4 ? S? I o H.tltl°ck RO yy= NV ° Q. ,yauOV dmncb A Pn `6° mrM?\s N1 S?°a ??+ v I I . '' Z Gmvar Na\baa Ro en \ U? LOIIIn Rtl . 0.? x y?e c Bunn?RP Legend Project Study Area N WE S Miles 00.51 2 ?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 M M it i r M M M M = = 1111WIl iiifA M i M M M M f Fat'rn Lake ro?th 1 1 13 r-= V111 Lynnme ? I to ALT 264 HWM Crossroad oa?e ' Fa 13 rar, G urn "? q R7 = I - - - _ ? S aedr rc*woW Gaging Gaging r L 1 Oi_ l ' ,?.Xd K' I n ? 4 I i mamst e` • ' ( ? Q ry' ? I ,? 11 ?)? ? _ ?R_ ? 'E ? t- lu "Rtt ?c R af- c a U a. - )?? I ? r ) - , 7 r ,, - -- Ki[1 Crgcsr ? 5 aran? 4 e a 7 lad ?ai sa* DT rl 903 Oli1Kt ' - . ? C* ?-` 1 _? r o ?-y j ? r ? r k - : Ade n ,1Z ? 102 -- 102 V 11 q c e 1?_• - o .' 903 __.?? V [ LC J Di p t1 r 1 . ?• '- _ a 7 O 1 ?` ' tocMS AhcLew+'o\ *, - ??? ? - _ - ' i ? ? -- - 7 Legend Project Study Area N w ? S 1 ' mmml Miles 0 0.5 1 2 North Carolina Department of Transportation Greenville Southwest Bypass Study (lmprovemeds to NC 11 & US 264 Bus) G_U,- I -rc_I?,,-1 L-tlruti-,r I1? 34411 T IP No R-2250 Exhibit 2 Project Study Area 13 J \ C6 0 a c aka 0 ? ? Fre 264 43 o oe x 903 / ? 11 - _ ackie. Q m e -- 0,7090 Rd N Ni An m - acres Dt M cgregor Downs Rd - c y C? 264 0 ° o Bunch - Stantonsbu19 Rd sburgRd W loth Stanton St E l oth St Pd ^ L PaO bbey St 4 y oc G il l Qa King or A antonsburg Rd S reenv e F 7 r ' Q•a ??b `m 4rh S! Q P0 ?`v N 0 F h N ; a A T 264 eo . c 13 o. ? Bell Arthur Rd A d a V E ? `y Hemby -- 3 A T 264 43 ' ottard Rd erRd y ,fin o •\,. Z n Rd •'?; -. older Rd ¢• ? . was t-an9 sto DtdF, ti d v -0--, Duke Rd CO, a ? o 9?m 0 m,0 \ T? d Fire Tower w N ° U °a - - .---. m Dave, "Port FarrpRd esse%Dr ALT Fonin ;a es Rd ° o 264 ° 13 Verno ty o j\ o co 3 rn m Pine Qo s m Or WintervilIe cosrnFid N _ rr F E Main St 'N 9.6 ?Qa K o Gr r • ?? ?? `y?a`ae (• v ?i • ,i ® A N La?pe Ellis Rd w? g Renston/Rurali ?a Historic Distract: a I /9bb &ra norms J . 07 / a 0 .faces i ?\ M ogtten i/ ;- o Reedy5W, Rd a Qa- G^ ? ' i Store ro e may ?6 ? s ? u Rd La Moye Rd - / III' Hines Or ?. - 903 P S a Rd z G> ? N 102 a l e/1 Rd - w ' t._.J•? n? A ?a 6 m i ow o" Rd ' M Aydenn rn m LL d o I D1d Sn m Count Club R l Gal ? Or z ? Pole 903 m m 0 °+. ? - D _ Thad L\t'?e 3dN` N U N ?? y .S, 7 9 r 0 ? o- y ° Stocks McLawhorn Rd ' 7 0h a ry an R a ?o ,p a q N" -R•. Go? y den G o/rCl p. Jacksontow d'? n Rd D eo Rd rn O % ?<arty 'Qa a o u %, 11 epv o y r tlht\efiefd Rd nss U .Q 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 U • 264 43 903 ? as eQ_ `.?_ 11 c°aa 0 ?a P`e a J o a ckie w equ f _ _.: -_ ado ? ?.. - Ra - m ` OpVngo Rd 'YcresDr M cgregor Downs Rd C7 Stantonsburg Rd S-nton56uc9 w 70th St Rd E 264 a o Bunch St 70 \\ 7 p A ? ?1 P°e o ? King Dr aQ Abbe Y Ln $ SrantonsN?lr \ _ - yS? Greenville F7q ?r 0C f?v m N / y a A T co 4 13 G ? Bell Arthur Rd Rd F Hemb`1 ?? f0 ! '3 A T rl f?? 264. 43 0llard Rd ner?C '? I r _ z n on Rd e` A\ 061 N 6 0 m 0 0 r N 1 Pocos`b Rd r ? a %Q 4 ?a ay?Se c` 0c o` La Moye Rd Gf ?N Ge`graocnkyd Po\e ? 90l 31? o ttt m 4 Stocks McLawhorn Rd 8 w S v o ti tt j Duke Rd a "ice Of d F1re Tower R m 1 I? A Dave U 111 - ...... nPortFarm Rd Essex Dr yRd \ a - o I 0 Vernon o White R m I o ? a? WintervilIe E Main St i ?oM1h?nO?On Rd m X 6 6 CO N 4 -- s rn Lau??e Ellis Rd c #,T15 Eo Q- _ 5 a qb \ 8rancb? U 60r'Fd... ? ^ oce Pa' 0 2 ,acs) Rd Reed Ygranch a ?a ?? - m Score -\ 2 I a gill \ 0's Itf I I Ca?? 00;11 o n'Qa a ?/ 1 Hines or i? C C? Rd i o N ,, G? W " 2 0/1 Rd Ayden N pfd Snow Hill Rd + rn n COUnt4' clut, Dr h ? N e m ?. ? Thad L\??. `OSfy ?' Fr r l p I ,p °' ahan i Rry ?%??`ren Gu I Go/f Rd Jacksontown Rd Club ?/ Sry ar`? Ra 11 Bii E L?hlefield Rey °?es 'f'ry 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 1 r 1 I L J I 1 1 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 fl 1 I 1 1 1 1 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 1 1 APPENDIX B I COMMENTS ON THE STATE FEIS 11' 1 1? 1 I 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 I 1 1 t 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 L 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 u F?A 1 r-I 1 t fl 1 fl r 1 1 1 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 I? L 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. 1 I t fl [1 1 1 t C 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 !Fill r I 1 1 1 71 u ?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 d l h ld t b l ace in no e p measures s ou 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 d tl d t t d f s an o we an impac s e o 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 l f d ' wet an 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 t d t d t ld b o preven irec e maintaine 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 Rim 00A c; 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 f r 1 r d - 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 t 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 rI L ' 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 t ATTEST Qrr,.a C? Amanda J Braddy, AC Secretary I 1 r f u r 11 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 L7 APPENDIX C ' SECTION 106 MEMORANDUM OF AGREEMENT 11 t t 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 r r 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 h f ll ' 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 Nx of Vvinsportation Date 5 Z $ District Date Date 4 I FILED: By Date Advisory Council on Historic Preservation I A t u r t r t 11