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HomeMy WebLinkAbout20190120 Ver 1_08_R-5779 CE Document Signed 7-31-17_20190128Type I and II Ground Disturbing Categorical Exclusion Action Classification Form STIP Project No . WBS Element Federal Project No. A . Project Description: R-5779 44834.1.1 ADP-1631 (004) The North Carolina Department of Transportation (NCDOT) proposes to extend SR 1631 (Crossroads Parkway) south to SR 1549 (Calvin Edney Road) for approximately 0.3 miles near the Town of Mars Hill in Madison County (Figure 1). B. Description of Need and Purpose: The purpose of this project is to extend Crossroads Parkway to improve access east of 1-26 and to promote economic development in the area. C . Categorical Exclusion Action Classification : ~ TYPE lA D TYPE I B D TYPE II A D TYPE II B D . Proposed Improvements: 23 . Federally-funded projects: a) That receive less than $5,000 ,000 (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor) of Federal funds ; or b) With a total estimated cost of not more than $30,000,000 (as adjusted annually by the Secretary to reflect any increases in the Consumer Price Index prepared by the Department of Labor) and Federal funds comprising less than 15 percent of the total estimated project cost. https:l/www.environment.fhwa.dot.gov/projdev/FAST _ACT _Section1314_Finai_Me mo.asp https://www.environment.fhwa.dot.gov/projdev/F AST _ACT_ Section1314_1mplemen tation_Guide.asp E. Special Project Information: A public meeting was held on April 24, 2017 with approximately 10 citizens in attendance. The property owners most affected by the proposed project support additional access, but have concerns regarding the location of the proposed roadway . While the current design skirts the boundary between two properties, the property owners are concerned the design 1 separates the two properties in a manner that will make it more difficult to market and develop. Following the public meeting, two additional concept designs were developed and considered to address affected property owner comments. Based on overall impacts and design considerations, the design shown at the public meeting will be carried forward . NCDOT has continued to coordinate with the affected property owners during the design revision process. Public input will continue to be incorporated, where appropriate, throughout final design. 2 F. Project Impact Criteria Checklists: T~12e I & II -Ground Disturbing Actions FHWA APPROVAL ACTIVITIES THRESHOLD CRITERIA If any of questions 1-7 are marked "yes" then the CE will require FHWA approval. Yes No 1 Does the p roject require formal consu ltation with U.S. Fish and Wild l if e 0 ~ Service (USFWS) or National Marine Fisheries Service (NMFS)? 2 Does the project result in impacts subject to the conditions of the Ba ld and 0 ~ Golden Eagle Protection Act (BGPA)? 3 Does the project generate substantial controversy or public opposition, for any 0 ~ reason , following appropriate public involvement? 4 Does the project cause d isproportionately high and adverse impacts re lative to 0 ~ low-income and/or minority populations? 5 Does the project involve a residential or commercial d isplacement, or a 0 ~ substantial amount of right of way acquisition? 6 Does the project require an Individual Section 4(f) approval? 0 ~ Does the project include adverse effects that cannot be resolved with a 7 Memorandum of Agreement (MOA) under Section 106 of the National Historic 0 ~ Preservation Act (NHPA) or have an adverse effect on a Nat ional Historic Landmark (N HL)? If any of questions 8 through 31 are marked "yes" then additional information will be required for those questions in Section G . Other Considerations Y es No Does the project result in a finding of "may affect not likely to adversely affect" ~ 0 8 for listed species, or designated critical habitat under Section 7 of the Endangered Species Act (ESA)? 9 Is the project located in anadromous fish spawning waters? 0 ~ Does the project impact waters classified as Outstanding Resource Water 10 (ORW), High Quality Water (HQW), Water Supply Watershed Critical Areas, ~ 0 303(d) listed impaired water bodies , buffer rules, or Submerged Aquatic Vegetation (SAV)? 1 1 Does the project impact waters of the Un ited States in any of the designated ~ 0 mountain trout streams? 12 Does the project require a U.S. Army Corps of Engineers (USACE) Individual 0 ~ Section 404 Permit? 13 Will the project require an easement from a Federal Energy Regulatory 0 ~ Commission (FERC) licensed facility? 14 Does the project include a Section 106 of the NHPA effects determination 0 ~ other than a no effect, including archaeological remains? 3 Other Considerations (continued) Yes No I I 15 Does the project involve hazardous materials and/or landfills? 0 ~I Does the project require work encroaching and adversely affecting a regulatory f loodway or work affecting the base floodplai n (100-year flood ) D ~ ' 16 elevations of a water course or lake, pursuant to Executive Order 11988 and i 23 CFR 650 subpart A? Is the project in a Coastal Area Management Act (CAMA) county and D ~ 17 substantially affects the coastal zone and/or any Area of Environmental Concern (AEC)? 18 Does the project require a U.S . Coast Guard (USCG) permit? D ~ 19 Does the project involve construction activities in, across, or adjacent to a D ~ designated Wild and Scenic River present within the project area? 20 Does the project involve Coastal Barrier Resources Act (CBRA) resources? D ~ 21 Does the project impact federal lands (e .g. U.S . Forest Service (USFS), D ~ USFWS, etc.) or Tribal Lands? 22 Does the project involve any changes in access control? 0 ~I 23 Does the project have a permanent adverse effect on local traffic patterns o r D [ZJ community cohesiveness? 24 Will maintenance of traffic cause substantial disruption? D I [ZJ ' Is the project inconsistent with the STIP or the Metropolitan Planning D [ZJ 25 Organization's (MPO's) Transportation Improvement Program (TIP ) (where applicable)? Does the project require the acquisition of lands under the protection of Section 6(f) of the Land and Water Conservation Act, the Federal Aid in Fish 26 Restoration Act, the Federal Aid in Wildlife Restoration Act, Tennessee Valley D [ZJ Authority (TVA), or other unique areas or special lands that were acquired in fee or easement with publi c-use money and have deed restrictions or covenants on the property? 27 Does the project involve Federal Emergency Management Agency (FEMA) D ~ buyout properties under the Hazard Mitigation Grant Program (HMGP)? 28 Does the project include a de minimis or programmatic Section 4(f)? D [ZJ 29 Is the project considered a Type I under the NCDOT's N oise Policy? ~ D 30 Is there prime or important farmland soil impacted by this project as defined by ~ D the Farmland Protection Policy Act (FPPA)? 3 1 Are there other issues that arose during the project development process that D ~ affected the project decision? 4 G. Additional Documentation as Required from Section F 8. The Northern Long-eared Bat (NLEB) is listed as a threatened species on the current U .S. Fish and Wildlife Service (USFWS) list of protected species in Madison County. However, the project study area is not located within a county or watershed known to conta in NLEB hibernation or maternity roosting sites . Therefore, the project has met the criteria required for the USFWS 4(d) rule , and any associated take is exempt. Due to the exemption under the 4(d) rul ing, it has been determ ined that the proposed project "May Affect, Not Likely to Adversely Affect" the NLEB. 10. Big Branch and tributaries, classified WS II and HQW, are within and adjacent to the project area. Therefore, the Design Standards in Sensitive Watershed will apply. Construction is expected to impact approximately 205 linear feet (LF) of the tributary to Big Branch. 11. Most of Madison County has been designated as trout watershed as part of the Nationwide Permit Reauthorization that was a joint effort between the USAGE and NCWRC. Although NCDEQ and NCWRC don 't classify Big Branch or its tributaries as trout waters, Little Ivy Creek (which Big Branch drains to) is classified as a Hatchery Supported 2016-2017 Public Mountain Trout Water by the NCWRC . Construction is expected to impact approximately 205 linear feet (LF) of the tributary to Big Branch . 29. Although the project is considered Type I under the NCDOT's Noise Po licy, traffic noise abatement is not considered feasible and reasonable and is not recommended for construction . Traffic noise impacts are predicted at 3 noise-sensitive receive rs in the future build-year. However, these im pacts are due to the proximity of the receivers to 1-26 . 30 . Farmland soils eligible f or protection under FPPA are present within the project footprint. A preliminary screening of farmland conversion impacts in the p roject area has been completed and a total score of 47 out of 160 points was calculated for the R-5779 project site . Since the total site assessment score does not exceed the 60-point threshold established by NRCS, farmland conversion impacts may be anticipated, but are not considered notable. 5 H . Project Commitments Madison County Extension of SR 1631 (Crossroads Parkway) to SR 1549 (Calvin Edney Road) Federal Project No. ADP-1631 (004) was No. 44834.1.1 TIP No. R-5779 Roadside Environmental Unit, Division Resident Engineer-Sensitive Watersheds Big Branch , classified WS II , HOW, and tributaries are within and adjacent to the project area. Therefore, the Design Standards in Sensitive Watershed will apply . ---------------------- I. Categorical Exclusion Approval STIP Project No. WBS Element Federal Project No. Prepared By: r/3o/t 7 R-5779 44834.1.1 ADP-1631 (004) ,, ....... ' ,,,,"';\\ CARo'#,,, .... "~ ....... '(, ~ ~ ~v •• •;,,"(:f:.SS!(};:. '-'Y_ ~ .. ~ oL>.._V -~·. -c ~ -.. ,.., '"""'·, -~ .""<.. ' ~ :. : i SEAL ; : i ~ ~ 031550 : : Date Teresa Gresham, ~E Kimley-Horn and Associates , Inc. \;1£··-f_AIGtNf:.~~.·~~ ~ ~ ~-1 ········~~es $' ,,,,,, R. G~ ,,, ...... Prepared For: Reviewed By: ;I.,, II; ~ [Zl Approved D Certified .......... ,., North Carolina Department of Transportation -Division 13 If all of the threshold questions (1 through 7) of Section F are answered "no ," NCDOT approves this Categorical Exclusion . If any of the threshold questions (1 through 7) of Section F are answered "yes," NCDOT certifies this Cateoorl'c~clusion. ?M V[L' fi~-~ 7 _.._, L . 'Y J!l~,~ a FHWA Approved: For Projects Certified by NCDOT (above), FHWA signature requ ired. Date John F. Sullivan, Ill , PE , Division Administrator Federal Highway Administration 7 0 300 Edge of Pavement Centerline 100-Year Floodplain Town of Mars Hill Figure 1 Environmental and Community Features TIP# R-5779 Extension of SR 1631 (Crossroads Pkwy) to SR 1549 (Calvin Edney Road) Mars Hill, Madison County, NC