EXECUTIVE SUMMARY... vi 1.0 PURPOSE AND NEED FOR PROJECT... 1

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3 CONTENTS EXECUTIVE SUMMARY... vi 1.0 PURPOSE AND NEED FOR PROJECT Introduction Proposed Action Summary of Purpose and Need Project Area Description Sub-Project Area: Gordon Thomas Drive Crossing (P-4405I) Sub-Project Area: Greenbriar Drive Crossing (P-4405J) Sub-Project Area: Byrdsville Road Crossing (P-4405K) System Linkage Transportation Plans ALTERNATIVES No Build Alternative Build Alternative Preferred Alternative Cost Estimate AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES Land Use Farmlands Social Environment and Transportation Population and Economic Characteristics Transportation Community Safety and Emergency Response Elderly and Handicapped Persons Right-of-Way and Relocations Environmental Justice Air Quality Attainment Status Mobile Source Air Toxics (MSATs) Noise and Vibration Natural Resources Physiography i

4 3.8.2 Water Resources Biotic Resources Gordon Thomas Drive Terrestrial Communities Greenbriar Drive Terrestrial Communities Byrdsville Road Terrestrial Communities Terrestrial Wildlife Aquatic Communities Endangered and Threatened Species Red-Cockaded Woodpecker Dwarf-Wedge Mussel Michaux s Sumac Smooth Coneflower Bald Eagle and Golden Eagle Protection Act Candidate Species and Federal Species of Concern Essential Fish Habitat Jurisdictional Issues Clean Water Act Waters of the U.S Clean Water Act Permits Coastal Area Management Act Areas of Environmental Concern Construction Moratoria N.C. River Basin Buffer Rules Rivers and Harbors Act Section 10 Navigable Waters Wetland and Stream Mitigation Floodplains and Hydraulic Structures Archaeology and Historic Architecture Parks, Recreation, and Section 4(f) Hazardous Materials and Underground Storage Tanks Mineral Resources Energy Visual Resources Utilities Construction Impacts Indirect and Cumulative Impacts SUMMARY OF IMPACTS COMMENTS AND COORDINATION ii

5 5.1 Agency Comments Public Meeting Comments Citizens Informational Workshop - January 7, Citizens Informational Workshop January 14, Public Meeting September 12, Public Meeting December 5, Stakeholder Meetings Orange County Coordination Meeting March 27, Duke Forest Coordination Meeting July 9, Orange County Coordination Meeting August 8, Piedmont Electric Coordination Meeting August 30, REFERENCES LIST OF PREPARERS TABLES Table ES-1: Summary of Impacts....xi Table 1: Project Cost Estimates Table 2: Soils Suitable for Farmland Table 3: Population Growth and Ethnicity Table 4: Economic Indicators Table 5: Estimated Emergency Response Times Table 6: Water Resource Characteristics Table 7: Physical Characteristics of Water Resources Table 8: Terrestrial Communities Table 9: Terrestrial Coverage Table 10: Terrestrial Wildlife Table 11: Federally Protected Species Listed for Orange County Table 12: Jurisdictional Water Resources Table 13: Greenbriar Drive Jurisdictional Wetlands iii

6 FIGURES Figure 1 - Project Vicinity Map...2 Figure 2 - Gordon Thomas Drive Crossing Closure...4 Figure 3a - Greenbriar Drive Alignment Alternatives...8 Figure 3b - Greenbriar Drive Crossing Closure...9 Figure 4a - Byrdsville Road Crossing Closure Figure 4b - Byrdsville Road Crossing Alignment Options Figure 5 - Gordon Thomas Drive and Greenbriar Drive Community Resources Figure 6 - Byrdsville Road Community Resources Figure 7 - Greenbriar Drive Jurisdictional Features Figure 8 - Byrdsville Road Jurisdictional Features Figure 9 Floodplain Areas APPENDICES Appendix A: Interagency and Public Correspondence Appendix B: Public Involvement iv

7 Proposed Private Crossing Closures with the North Carolina Railroad (NCRR)/ Norfolk Southern (NS) Railway at Gordon Thomas Drive (TIP No. P-4405I), Greenbriar Drive (TIP No. P-4405J), and Byrdsville Road (TIP No. P-4405K), Orange County WBS No STR16T1A (P-4405I) WBS No STR21T1A (P-4405J) WBS No STR26T1A (P-4405K) PROJECT COMMITMENTS In addition to the Section 404 Permit Conditions, Nationwide Permit Conditions, Regional Conditions, Section 401 Water Certification Conditions, and measures detailed in NCDOT s Best Management Practices for the Protection of Surface Waters 1, the following special commitments will be implemented by the NCDOT. NCDOT Rail Division During the design phase of the Byrdsville Road sub-project, NCDOT will conduct a detailed traffic impact analysis to finalize the configuration of the NC 86 and Walter Clark Drive intersection. With the extension of Byrdsville Road, NCDOT will offer woven wire fencing along the Duke Forest property. NCDOT Hydraulics Unit The NCDOT Hydraulics Unit will coordinate with the NC Floodplain Mapping Program (FMP) to determine the required level floodplain mapping revisions impacts at Greenbriar Drive. NCDOT Division 7 Streamside riparian zones for all streams identified within the Project study area are protected under provisions of the Neuse River and Falls Lake Buffer Rules as administered by the NC Division of Water Quality (NCDWQ). Where required NCDOT will obtain Riparian Buffer certifications from the NC Division of Water Quality. 1 North Carolina Department of Transportation (NCDOT) Best Management Practices for Protection of Surface Waters. Raleigh, NC. 20of%20Surface%20Waters.pdf v

8 FEDERAL RAILROAD ADMINISTRATION ENVIRONMENTAL ASSESSMENT Proposed Private Crossing Closures with the North Carolina Railroad (NCRR)/Norfolk Southern (NS) Railway at Gordon Thomas Drive (TIP No. P-4405I), Greenbriar Drive (TIP No. P-4405J), and Byrdsville Road (TIP No. P-4405K), Orange County WBS No STR16T1A (P-4405I) WBS No STR21T1A (P-4405J) WBS No STR26T1A (P-4405K) EXECUTIVE SUMMARY I. FEDERAL RAILROAD ADMINISTRATION The North Carolina Department of Transportation (NCDOT), in coordination with the Federal Railroad Administration (FRA), has proposed this rail crossing closure Project, which consists of three distinct sub-projects. FRA is providing the funding for the Project and is the Lead Federal Agency. As the proposed action is supported by federal funds, FRA must comply with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C et seq.). This Environmental Assessment (EA) has been developed pursuant to NEPA, the Council on Environmental Quality s regulations implementing NEPA (40 C.F.R. Part 1500), and FRA s Procedures for Considering Environmental Impacts (64 FR 28545, May 26, 1999). II. CONTACTS The following individuals may be contacted for additional information concerning this Proposal and EA. Mr. John Winkle Program Manager Federal Railroad Administration 1200 New Jersey Avenue, SE, Mail Stop 20 Washington, DC, Telephone: (202) Mr. James F. Bridges, Jr., P.E., CPM Sr. Rail Project Development Engineer Planning and Development Branch Rail Division North Carolina Department of Transportation 1553 Mail Service Center Raleigh, North Carolina 2l Telephone: (919) III. OTHER GOVERNMENTAL ACTIONS REQUIRED Impacts to Section 404 jurisdictional areas will be authorized under a US Army Corps of Engineers (USACE) Nationwide Permit. Nationwide Permits (NWPs) that may apply include a NWP No. 3 for maintenance of currently serviceable structures, NWP No. 14 for linear transportation projects, NWP No. vi

9 18 for minor discharges, and NWP No. 33 for temporary construction activities such as stream dewatering, work bridges, or temporary causeways that are often used during bridge construction or rehabilitation. On March 19, 2013, representatives from NCDOT and USACE conducted a jurisdictional wetland and stream verification. Subsequent to this wetland and stream verification, NCDOT and USACE identified three jurisdictional streams in the Greenbriar Drive sub-project area. The USACE holds final discretion as to what permits will be required to authorize Project construction. If Project impacts exceed Nationwide Permit limits, NCDOT will secure an Individual Permit. In addition to the Section 404 permit, other required authorizations include the corresponding Section 401 Water Quality Certification from the DWR. Required 401 certifications may include GC 3687 for maintenance, GC 3704 for linear transportation projects, GC 3705 for minor discharges, and GC 3688 for temporary construction access and dewatering. IV. PROPOSED ACTION The NCDOT Rail Division, in coordination with the FRA, proposes to close three private at-grade railroad crossings with the North Carolina Railroad (NCRR)/Norfolk Southern Railway (NS) in Orange County at Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road (see Figure 1), hereafter referred to collectively as the Project. The three crossings are located along a 4.6-mile segment of the NCRR H-Line corridor between Milepost (MP) H and MP H in Orange County, NC. The Project will provide increased safety through the elimination of at-grade crossings along the NCRR H- Line corridor. This Project is part of the Piedmont Improvement Program (PIP). The PIP is an initiative by the NCDOT, NS, and the NCRR to improve passenger and freight railroad operations along the Piedmont Corridor from Raleigh to Charlotte. The Piedmont Corridor consists of the Greensboro to Charlotte portion of the NS Washington, DC to Atlanta, mainline and the NCRR H-line that runs from Greensboro to Raleigh. The Project is also located along the alternative of the Southeast High Speed Rail (SEHSR) Corridor selected by the FRA and Federal Highway Administration in the Record of Decision (ROD) following the Tier I SEHSR Environmental Impact Statement (EIS) 2 in The SEHSR involves the development, implementation, and operation of high speed passenger rail service along the approximately 500-mile travel corridor from Washington, DC to Charlotte, NC. NCDOT first identified these crossings for possible closure based on the recommendations of the NCDOT Rail Division Private Crossing Safety Initiative (PCSI) completed in October 2003 and supplemented in December The three crossings in this Project are part of the PCSI Program, which is a subcomponent of the PIP that seeks to reduce the number of privately owned railroad crossings along the Piedmont Corridor from Raleigh to Charlotte. The criteria used in evaluating the crossings included existing crossing protection, train volume and speed, average daily vehicular traffic, emergency routes, proximity to other crossings, and the availability of alternative access. 2 Federal Railroad Administration. October Tier I Record of Decision for the Southeast High Speed Rail Program from Washington, DC to Charlotte, NC. 3 NCDOT Rail Division Private Crossing Safety Initiative Crossing Evaluations and Recommendations (Supplemental Report 2009). vii

10 Although each of the crossings provides unique access to three separate and independent communities, NCDOT has elected to evaluate the crossings for a collective assessment of the impact to this segment of the NCRR H-Line corridor and this region of Orange County in particular. When discussed independently, the three crossings in the Project are referred to as the following sub-projects: Gordon Thomas Drive: This sub-project includes the closure of the private at-grade railroad crossing of Gordon Thomas Drive at railroad milepost (MP) (USDOT Y). The closure of Gordon Thomas Drive will eliminate the eastern access for five residences to Old NC 10; however, alternate access will be provided using the existing Paschall Drive west of Gordon Thomas Drive (see Figure 2). From there, drivers will have access to Old NC 10 (SR 1710) via Dove Creek Road (SR 1715) or Murphey School Road (SR 1714) (see Figure 2). Greenbriar Drive: This sub-project includes the closure of the private at-grade railroad crossing of Greenbriar Drive (also known as Greenbriar Drive Extension) at railroad MP (USDOT K), which provides the only access for seven residences to Old NC 10. The sub-project will provide alternate access by constructing a new road parallel to the NCRR H-Line connecting Greenbriar Drive to Spruce Pine Trail in the Whispering Pines subdivision (see Figures 3a and3b). Byrdsville Road: This sub-project includes the closure of the private at-grade railroad crossing of Byrdsville Road at railroad MP (USDOT T), which provides the only access for 67 residences in and near the Byrdsville Mobile Home Park to Old NC 10. The sub-project will provide alternate access by extending Byrdsville Road westward to connect to Walter Clark Drive. From Walter Clark Drive, the primary access to the Byrdsville Mobile Home Park will be rerouted to NC 86, which connects with Old NC 10. Several driveways near the existing railroad crossing will be realigned to maintain access to Byrdsville Road (see Figure 4a). V. SUMMARY OF PROJECT PURPOSE AND NEED The purpose of the Project is to remove existing at-grade private railroad crossings. The PCSI Program recommended closing the Gordon Thomas Drive and Greenbriar Drive crossings because of poor geometric conditions and the availability of nearby alternative access. The Program also recommended closing the Byrdsville Road crossing because of prior accidents and the potential for more collisions due to higher traffic volumes. Currently, this portion of the NCRR hosts five to ten freight trains and six passenger trains (three round trips) per day. The improvements associated with the PIP will facilitate the introduction of three daily Piedmont round trips and four daily SEHSR round trips. Future freight operations are expected to increase to approximately 15 trains per day. The maximum train speeds on this section of track are 55 miles per hour (mph) for freight trains and 79 mph for passenger trains. Maximum speeds are reduced for localized conditions such as track curvature through the Gordon Thomas crossing. The Project is needed to reduce the potential for roadway vehicle/train collisions to occur at the crossings as rail traffic increases in the future. The Gordon Thomas Drive crossing is humped, lacks automatic warning signals, has limited sight distance, and has an estimated traffic volume of less than 100 vehicles per day. Additionally, the Gordon Thomas Drive crossing is located near the center of a two-mile passing siding on the NCRR H-Line. The removal of the crossing will allow the railroad to utilize the full length viii

11 of the siding for holding or passing of trains without blocking traffic at the crossing. The Greenbriar Drive crossing is slightly humped, lacks automatic warning signals, and has an estimated traffic volume of less than 100 vehicles per day. The Byrdsville Road crossing is slightly humped, is protected by automatic warning devices with lights and gates, has a history of crashes, and has an estimated traffic volume of 400 vehicles per day based on 2015 traffic counts. The Project would improve safety for rail passengers, train crews, and vehicles by eliminating the at-grade crossings and providing alternative access to nearby public roads with safer railroad crossing conditions. VI. ALTERNATIVES CONSIDERED All reasonable alternatives meeting the Project s purpose and need were explored during the Project development process. This process included the examination of optional alignments for Byrdsville Road and Greenbriar Drive roadway connections. Environmental screenings of those optional alignments were performed and these optional alignments were removed from consideration. As required by NEPA this EA examines the No Build alternative in addition to the Preferred Alternative. No Build Alternative - Under the No Build Alternative, the at-grade crossings in all three sub-projects would remain in operation. Under this alternative, the crossings will continue to remain open and will experience an increase in accident potential due to future growth in freight and passenger train volumes. The No Build Alternative would not result in direct impacts to the natural environment or socioeconomic environment. However, it would not address the potential for roadway vehicle/train collisions under the current conditions and as rail traffic increases in the future. Build Alternative Under the Build Alternative, the at-grade crossings would be closed and access would be provided through alternate routes. The Project would reduce the potential for roadway vehicle/train collisions as rail traffic increases in the future, thereby improving safety for rail passengers, train crews, and vehicles in the unincorporated area of Orange County between the City of Durham and Town of Hillsborough. Improvements associated with these crossing closures will further the goals of the PIP by improving passenger and freight railroad operations along the Piedmont Corridor from Raleigh to Charlotte. In addition the combined improvements will improve safety and operations along the SEHSR, which when complete will provide high-speed passenger rail service between Washington, DC and Charlotte, NC. The Build Alternative consists of three sub-projects with separate sub-project areas as described below: Gordon Thomas Drive would be closed and alternative access to five residences would be provided using Paschall Drive west of Gordon Thomas Drive (see Figure 2). From there, drivers will be able to access Old NC 10 via SR 1715 or SR It is anticipated that the design of the new Paschall Drive roadway section will be 20 feet wide within a 50-foot right-of-way. Greenbriar Drive would be closed and alternative access would be provided to connect Greenbriar Drive to Spruce Pine Trail in the Whispering Pines subdivision. A new roadway would be constructed at the northern end of Greenbriar Drive (see Figure 3b). The new road will be 20 feet wide within a 50-foot right-of-way. Initially, two alternative locations for the new road were considered (see Figure 3a). The first location, Alternative 1, was approximately 400 feet ix

12 north of the railroad crossing connecting to Spruce Pine Trail approximately 450 feet north of the NCRR H-Line. As shown in Figure 3a the proposed Alternative 1 alignment traveled between two homes to join with Spruce Pine Trail. A resident of the southernmost property indicated this alignment could be located within that property s septic field. Moving this alignment further to the north or south to avoid the septic field would result in a residential relocation. For these reasons Alternative 1 was eliminated from consideration. The second alignment, Alternative 2, selected as the preferred alignment, is located at the northern end of Greenbriar Drive, approximately 950 feet north of the NCRR H-Line, connecting to Spruce Pine Trail where Spruce Pine Trail turns to the east. Alternative 2 will result in minor property impacts to three residential properties due to the acquisition of land within the roadway right-of-way. No structures will be relocated. The Byrdsville Road crossing would also be closed and drivers west of the crossing will be rerouted to NC 86 to the west. A new roadway is proposed to connect Byrdsville Road to Walter Clark Drive (see Figure 4a). From there, drivers can follow Walter Clark Drive north to NC 86. It is anticipated that the design of the new roadway will be 20 feet wide within a right-of-way that varies between approximately 50 and 130 feet. Three additional options to the preferred Byrdsville Road alignment were studied in an attempt to lessen the potential for impacts to the rear side of residential properties in the Joppa Oaks subdivision. These options were withdrawn from consideration due to the potential for disproportionately severe impacts to environmental resources. The first conceptual alignment alternative began at Byrdsville Road, west of the NCRR rail crossing, traveled north approximately 1,400 feet along the railroad right-of-way and Stony Creek, and ended at Workman Road (see Figure 4b). NCDOT eliminated this alignment based on potential impacts to Prime Farmland, a wetland, and substantial linear stream impacts. A second conceptual alignment extended from existing Byrdsville Road toward Walter Clark Drive, turning south and then west along the perimeter of Duke Forest to NC 86 at Fletcher Road (see Figure 4b). NCDOT eliminated this alignment due to potential impacts to Duke Forest property, research and training activities, and potential impacts to high quality streams. A third alignment option extended from existing Byrdsville Road, crossed Walter Clark Drive, and crossed property owned by Piedmont Electric Membership Corporation (Piedmont Electric) to access NC 86, connecting with a service parking lot. On August 20, 2013, NCDOT met with representatives from Piedmont Electric to discuss an alignment that traveled along the north side of the offices, connecting with its service parking lot. This parking lot is an important component of the utility company s emergency service. When storms damage power lines in the region, this parking lot is used as a staging area for up to 100 vehicles that are responsible for repairs. This alignment was removed from consideration because it would substantially impact the company s emergency response operations. x

13 VII. SUMMARY OF IMPACTS The anticipated impacts for the Preferred Alternative are summarized below in Table ES-1. Table ES 1 Summary of Impacts SECTION OF EA SUMMARY OF ADVERSE IMPACTS PROPOSED MITIGATION 3.1 Land Use Minor Impacts. The Project will not have a significant impact on local land use. There will be minor land use changes where new roadways are being proposed. However the new roadways are expected to be contained within a 50 to 130-foot right-of-way width. The proposed improvements do not conflict with land use or development plans. Minor impacts to land use in the sub-project areas would occur with the conversion of land to roadway and right-of-way use. 3.2 Farmlands No Impacts. While this Project is expected to impact soil suitable for farmland in the Gordon Thomas Drive and Byrdsville Road sub-project areas, there is no evidence of current or past farming. Therefore, farmland impacts are not anticipated. Not Applicable. Not Applicable. 3.3 Social Environment and Transportation No Impacts. Closing the Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road railroad crossings will not affect community interaction or hinder access to local businesses or public facilities. The Project will not adversely affect school bus routes; however, NCDOT will assist local authorities in relocating the mail boxes in a location that is convenient for Byrdsville Road residents. There will be no adverse community/neighborhood cohesion or stability impacts associated with this Project. The Project will have a positive impact on the transportation system by eliminating the crossings and facilitating safer travel along the Not Applicable. xi

14 Table ES 1 Summary of Impacts SECTION OF EA 3.4 Right-of-way and Relocation Impacts 3.5 Environmental Justice Impacts SUMMARY OF ADVERSE IMPACTS highway and railroad corridor. In the Byrdsville Road and Greenbriar Drive subproject areas, the only existing roadway access is via the railroad crossings. Constructing the proposed new routes will provide unimpeded access for residences and emergency services. Minor Impacts. Right-of-way will be required for construction of the proposed new roadways. NCDOT does not anticipate that the Project will result in relocations; however, the Byrdsville Road sub-project will acquire an unoccupied rental trailer located near Walter Clark Drive and Jaspers Lane. No Impacts. No disproportionately high or adverse effects to the identified low-income or minority populations are anticipated. The Project will not result in the disruption or segmentation of existing communities. PROPOSED MITIGATION For all right-of-way acquisition, during final design, mitigation will be conducted in accordance with federal and state regulations. Not Applicable. 3.6 Air Quality No Impacts. The FRA and NCDOT have determined the Project complies with the general conformity rules in 40 CFR (b). Project emissions will be lower than the required thresholds and are not regionally significant. The Project conforms to the current state air quality implementation plan; therefore adverse air quality impacts are not anticipated. Not Applicable. 3.7 Noise and Vibration No Impacts. The Project is considered neutral from a traffic noise perspective. The removal of the crossings would instead eliminate the need for trains to sound their horns as they approach the crossing resulting in a reduction in noise, which will have a positive impact on the noise environment. Not Applicable. xii

15 Table ES 1 Summary of Impacts SECTION OF EA SUMMARY OF ADVERSE IMPACTS PROPOSED MITIGATION 3.9 Biotic Resources Terrestrial Resources - Mesic mixed hardwood forest, piedmont bottomland forest, and piedmont headwater stream forest terrestrial communities lie within the roadway alignments for Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road estimated limits of disturbance and would be impacted. A more detailed estimate of the extent of potential impacts to these terrestrial communities will be determined and minimized during final design. Impacts to terrestrial resources have been minimized where possible by improving existing roadbeds and incorporating previously disturbed or maintained areas. During construction, impacts to terrestrial and aquatic communities will be further minimized through NCDOT s Best Management Practices (BMPs 4 ). Related BMPs include provisions that land disturbing activities will be confined to the work area. Temporary fill and construction debris will removed and the affected areas restored to pre-project ground conditions and stabilized with vegetation Endangered and Threatened Species No Impacts. Field surveys found no evidence of federal or state-listed Threatened and/or Endangered Species within the Project study area. However the sub-project area for the Byrdsville Road crossing closure contains an unnamed tributary to Stony Creek. Stony Creek contains habitat for the dwarf-wedge mussel, listed as Endangered by the US Fish and Wildlife Service (USFWS). NCDOT and FRA have determined that project actions May Affect but are Not Likely to Adversely Affect the Dwarf-wedge mussel. The US Fish and Wildlife Service concurred with this determination on September 19, Not Applicable. 4 NCDOT. August Best Management Practices for Construction and Maintenance Activities. xiii

16 Table ES 1 Summary of Impacts SECTION OF EA Clean Waters Act Waters of the U.S Wetland and Stream Mitigation Clean Water Act Permits N.C. River Buffer Rules SUMMARY OF ADVERSE IMPACTS Minor Impacts. NCDOT anticipates a total of linear feet of stream impacts within the Greenbriar Drive estimated limits of disturbance (under the recommended option) and linear feet of stream impacts in the Byrdsville Road estimated limits of disturbance area. No wetland impacts would occur within the estimated limits of disturbance for Byrdsville Road. Greenbriar Drive construction would result in 0.2 acres of wetland impact. No jurisdictional streams or wetlands were identified in the Gordon Thomas Drive sub- Project area. Minor Impacts. NCDOT anticipates a total of linear feet of stream impacts within the Greenbriar Drive estimated limits of disturbance under the recommended option, and a total of linear feet of stream impacts with the Byrdsville Road improvements. Minor Impacts. Streamside riparian zones for all streams within the Greenbriar Drive and Byrdsville Road sub-project areas are protected under provisions of the Neuse River and Falls Lake Buffer Rules as administered by DWR. PROPOSED MITIGATION Compensatory mitigation is required for wetland and stream impacts in the Greenbriar Drive and Byrdsville Road sub-project areas. If on-site mitigation is not feasible, mitigation may be provided by North Carolina Department of Environment and Natural Resources (DENR) Ecosystem Enhancement Program (EEP). A Nationwide Permit (NWP) 23 will likely be applicable for potential impacts to jurisdictional resources. Other permits that may apply include a NWP No. 33 for temporary construction activities. In addition to the 404 permit (NWP), other required authorizations include the corresponding Section 401 Water Quality Certification (WQC) from the DENR Division of Water Resources (DWR) Other required 401 certifications may include a GC 3688 for temporary construction access and dewatering. Potential impacts to stream buffers will be determined during final design; impacts will require a Riparian Buffer Certification. xiv

17 Table ES 1 Summary of Impacts SECTION OF EA SUMMARY OF ADVERSE IMPACTS No jurisdictional streams or buffer areas were identified in the Gordon Thomas Drive subproject area. PROPOSED MITIGATION 3.18 Floodplains Minor Impact. There are no floodplains within the Gordon Thomas Drive or Byrdsville Road sub-project areas. The proposed Greenbriar Drive alignment crosses an unnamed tributary that is not a Federal Emergency Management Agency (FEMA) regulated stream. Although it is within the backwater effects of the Rhodes Creek FEMA regulated channel, the Project does not affect the floodway elevations, and FEMA map revisions are not anticipated. The NCDOT Hydraulics Unit will coordinate with the NC Floodplain Mapping Program (FMP), to determine the extent of anticipated impacts and mitigation measures to address impacts Archaeological and Historic Architectural Resources 3.20 Hazardous Materials and Underground Storage Tanks No Impact. Based on a review of the subproject areas by the North Carolina State Historic Preservation Office (SHPO), there are no historic or archaeological resources within the sub-project areas. NCDOT and FRA have determined that no historic or archaeological resources would be affected by the Project. No Impact. There were no hazardous material handlers or properties with underground storage tanks (USTs) identified, including leaking underground storage tanks (LUSTs), within 2,000 feet of the proposed closures or new roadway alignments. Not Applicable. Not Applicable Energy Impacts Minor Impact. Although the consumption of energy will be required to construct the proposed roadway improvements this impact will be minor and temporary, both the railroad and the highway system will operate with greater efficiency upon its completion Visual Impacts Minor Impacts. The proposed new roadways associated with the three crossing closures will travel very short distances and will be largely Not Applicable. Not Applicable. xv

18 Table ES 1 Summary of Impacts SECTION OF EA SUMMARY OF ADVERSE IMPACTS shielded by forested property. These roadways will present a small change in the current view, but are not expected to be obtrusive or have an unappealing appearance. PROPOSED MITIGATION 3.24 Utility Impacts Minor Impacts. The proposed Project will require the relocation of existing underground and overhead utilities with short-term interruptions to service during construction; however, overall impacts to public utilities are anticipated to be low. NCDOT s Utilities Coordination Unit will coordinate directly with the owners of the impacted utilities in the sub-project areas to minimize impacts 3.25 Construction Impacts 3.26 Indirect & Cumulative Impacts Minor Impacts. Short-term impacts to adjacent land uses during construction may occur due to the movement of workers and material through the area and construction activities. Construction noise and dust, as well as temporary disruption of traffic flow on local roads, may also affect residences in the vicinity of the Project. No Impact. The Project will not induce growth or affect overall water quality, will not give new exposure to properties, and will not change land use or influence development. The addition of the proposed Project to the current development trend will not increase cumulative impacts significantly when compared to the impacts of other past, present, and future actions. Proper implementation and maintenance of control measures (e.g., traffic control, dust/ erosion and sedimentation controls, properly fitted emission control devices and mufflers, etc.) will be used to minimize the temporary impacts. Construction activities will follow federal, state, and local statutes, regulations and ordinances and the proper permits would be obtained and followed. Not Applicable. xvi

19 1.0 PURPOSE AND NEED FOR PROJECT 1.1 Introduction The NCDOT, in coordination with the FRA, proposes to close three the private at-grade crossings with the NCRR H-Line in Orange County at Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road (see Figure 1), hereafter referred to collectively as the Project. The three crossings are located along a 4.6-mile segment of the NCRR H-Line corridor between Milepost (MP) H and MP H in Orange County, NC. Although each of the crossings provides a unique access to three separate and independent communities, NCDOT has elected to evaluate the crossings for a collective assessment of the impact to this segment of the NCRR H-Line corridor and this region of Orange County in particular. This Project will provide increased safety through the elimination of the at-grade crossings along the NCRR H-Line corridor. Due to the proximity of the crossings, NCDOT is evaluating these individual sub-projects and roadway improvements as one individual Project. The Project is part of the Piedmont Improvement Program (PIP). The PIP is an initiative by NCDOT, NS, and the NCRR to improve passenger and freight railroad operations along the Piedmont Corridor from Raleigh to Charlotte. The Piedmont Corridor consists of the Greensboro to Charlotte portion of the NS Washington, DC to Atlanta, Georgia mainline and the NCRR H-line that runs from Greensboro to Raleigh. NCDOT first identified these crossings for possible closure based on the recommendations of the NCDOT Rail Division Private Crossing Safety Initiative (PCSI). 5 The PCSI Program is a subcomponent of the PIP that seeks to reduce the number of privately owned railroad crossings along the NCRR and the NS from Raleigh to Charlotte. The PCSI report was completed in October 2003 and supplemented in December The criteria used in evaluating the crossings included existing crossing protection, train volume and speed, average daily vehicular traffic, emergency routes, proximity to other crossings, and the availability of alternative access. The Project is also located along the alternative of the SEHSR Corridor selected by the FRA and Federal Highway Administration in the Record of Decision (ROD) following the Tier I SEHSR Environmental Impact Statement (EIS) 6 in The SEHSR involves the development, implementation, and operation of high speed passenger rail service along the approximately 500-mile travel corridor from Washington, DC, through Richmond, VA and Raleigh, NC to Charlotte, NC. NCDOT is currently finalizing the Tier II Final EIS (FEIS) for the Raleigh, NC to Richmond, VA portion of the SEHSR. For the Raleigh to Charlotte portion of the SEHSR, NCDOT is preparing individual Project-level NEPA documents, including this EA. NCDOT and the FRA have determined that the individual projects along the corridor each have independent utility; noting that each project will provide tangible benefits to existing freight and intercity passenger rail service even if no additional investments are made for high speed service. 5 NCDOT Rail Division Private Crossing Safety Initiative Crossing Evaluations and Recommendations (Supplemental Report 2009). 6 Federal Railroad Administration. October Tier I Record of Decision for the Southeast High Speed Rail Program from Washington, DC to Charlotte, NC. 1

20 Church Hillsborough Legend 40 Project Crossing Interstate Major Road Road Railroad 86 Streams and Creeks Water Bodies Municipal Boundary 70 Stony Creek New Lawrence Road (SR 1709) Hope BUS 70 NC Railroad / (SR 1723) Road Byrdsville Road (P-4405K) Norfolk 85 Old NC 10 (SR 1710) Southern (SR 1712) UniversityStationRoad Murphey Mt. Sinai Road (SR 1718) Railway Greenbriar Drive (P-4405J) School (SR 1716) Road Figure 1 Eno River Gordon Thomas Drive (P-4405I) Road Pleasant Green (SR 1567) West Cornwallis Road (SR 1716) To Durham Miles Winston-Salem Asheville Charlotte North Carolina Counties Orange County Greensboro Raleigh Fayetteville Wilmington STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION Figure 1 - Project Vicinity Map P-4405I, J, & K Private Crossing Safety Initiative Crossings at Gordon Thomas Drive, Greenbriar Drive, & Byrdsville Road Orange County 52 2

21 The funding for the Project was authorized under the Passenger Rail Investment and Improvement Act of (PRIIA) PRIIA primarily focuses on improving service, operations, and facilities for intercity passenger rail and development of high speed rail corridors, including the SEHSR corridor. Because FRA is providing the funding for the Project, FRA is the Lead Federal Agency for the Project under the National Environmental Policy Act of 1969 (NEPA) 8 and NCDOT is the Lead State Agency. FRA and NCDOT are responsible for preparing this Environmental Assessment (EA). The EA includes disclosure of relevant environmental information regarding the proposed Project and is intended for use by both decision-makers and the public. The contents of this EA conform to the Council on Environmental Quality (CEQ) regulations implementing NEPA, as well as FRA s Procedures for Considering Environmental Impacts Right-of-way acquisition for this Project is scheduled for early 2015, and construction is scheduled for late Proposed Action This Project includes the closure of three private at-grade crossings with the NCRR H-Line in Orange County at Gordon Thomas Drive, Greenbriar Drive (also known as Greenbriar Drive Extension), and Byrdsville Road in Orange County (see Figure 1), hereafter referred to collectively as the Project. The three crossings are located along a 4.6-mile segment of the NCRR H-Line corridor between Milepost (MP) H and MP H in Orange County, NC. Although each of the crossings provides a unique access to three separate and independent communities, NCDOT has elected to evaluate the crossings for a collective assessment of the impact to this segment of the NCRR H-Line corridor and this region of Orange County in particular. The three crossings in the Project are referred to as the following subprojects: Gordon Thomas Drive: This sub-project includes the closure of the private at-grade railroad crossing of Gordon Thomas Drive at railroad MP (USDOT Y), which connects Paschall Drive to Old NC 10 (SR 1710). The closure of Gordon Thomas Drive will eliminate the eastern access for six parcels containing five residences to Old NC 10; however, alternate access will be provided using the existing Paschall Drive west of Gordon Thomas Drive (see Figure 2). From there, drivers will access Old NC 10 (SR 1710) via Dove Creek Road (SR 1715) or Murphey School Road (SR 1714). It is anticipated that the design of the new Paschall Drive roadway section will be 20 feet wide within a 50-foot right-of-way. This sub-project is designated in the State Transportation Improvement Program (STIP) as Project P-4405I (see Figure 2). 7 The FRA grant, obligated as part of the High-Speed Intercity Passenger Rail Program is funded by the Fiscal Year 2010 Consolidated Appropriations Act (Title I of Division A of Pub. L , December 16, 2009) U.S.C. Section 4321, et seq. 9 Federal Railroad Administration Procedures for Considering Environmental Impacts. Federal Register, May 26, (45 FR 40854) Federal Highway Administration (FHWA) Guidance for Preparing and Processing Environmental and Section 4(f) Documents. US Department of Transportation. FHWA Technical Advisory No. T A 3

22 ± Old NC 10 To Hillsborough Ü Greenbriar Drive ¹º»¼ Spruce Pine Trail Old NC 10 Ü To Durham Murphey School Road North Carolina Railroad / Norfolk Southern Railway Gordon Thomas ¹º»¼ Drive Duke Forest Murphey School Road Creek Dove Paschall Drive Mt. Herman Orange Glass Co. Church Road Legend Proposed Roadway Proposed Right of Way Proposed Easement Existing Roadway Existing Right of Way Existing Railroad Right of Way Duke Forest Boundary Murphey School (Historic Property) ¹º»¼ Private Railroad Crossing W Cornwallis Road Couch Mountain Drive Duke Forest STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION Figure 2 - Proposed Action: Gordon Thomas Drive Crossing Closure Crossing No Y Private Crossing Safety Initiative Crossings at Gordon Thomas Drive, Greenbriar Drive, & Byrdsville Road Orange County ,000 Feet 46 Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community 5

23 Greenbriar Drive: This sub-project includes the closure of the private at-grade railroad crossing of Greenbriar Drive (also known as Greenbriar Drive Extension) at railroad MP (USDOT K), which provides the only access for eight parcels containing seven residences to Old NC 10. The sub-project will provide unimpeded alternate access for residences and emergency services by constructing a new road parallel to the NCRR H-Line connecting Greenbriar Drive to Spruce Pine Trail in the Whispering Pines subdivision. This EA document considers two alternative locations for the new roadway (see Figures 3a and 3b). The first location, Alternative 1 (Figure 3a), is approximately 400 feet north of the railroad crossing to Spruce Pine Trail approximately 450 feet north of Old NC 10. The second, Alternative 2 (Figure 3b), is located at the northern end of Greenbriar Drive connecting to Spruce Pine Trail where Spruce Pine Trail turns to the east. The selected alternative (Alternative 2) is a new roadway constructed at the north end of Greenbriar Drive linking the road to Spruce Pine Trail approximately 950 feet north of the NCRR H-Line. The new road will be 20 feet wide within a 50-foot right-of-way. This sub-project is designated in the STIP as Project P-4405J. Byrdsville Road: This sub-project includes the closure of the private at-grade railroad crossing of Byrdsville Road, which provides the only access for 67 residences (60 mobile homes and 7 single-family) in the Byrdsville Mobile Home Park to Old NC 10. The sub-project will provide unimpeded alternate access for residences and emergency services by extending Byrdsville Road westward to connect to Walter Clark Drive. From Walter Clark Drive, the primary access to the Byrdsville Mobile Home Park will be rerouted to NC 86, which connects with Old NC 10. NCDOT anticipates that the design of the new roadway will be 20 feet wide within a right-of-way that varies between approximately 50 and 130 feet. Several driveways near the existing railroad crossing will be realigned to maintain access to Byrdsville Road. This sub-project is designated in the STIP as Project P-4405K (see Figure 4a). 1.3 Summary of Purpose and Need The purpose of the Project is to remove existing at-grade private railroad crossings. The PCSI Program recommended closing the Gordon Thomas Drive and Greenbriar Drive crossings because of poor geometric conditions and the availability of nearby alternative access. The Program recommended closing the Byrdsville Road crossing because of prior accidents and the potential for more collisions due to higher traffic volumes. Currently, this portion of the NCRR hosts five to ten freight trains and six passenger trains (three round trips) per day. The improvements associated with the PIP will facilitate the introduction of up to six daily round trip (12 daily) passenger trains along the Raleigh to Charlotte Piedmont Corridor. Future freight operations are expected to increase to approximately 15 trains per day. The maximum train speeds on this section of track are 60 miles per hour (mph) for freight trains and 79 mph for passenger trains. Maximum speeds may be reduced for localized conditions such as track curvature through the Gordon Thomas crossing. The Project is needed to reduce the potential for roadway vehicle/train collisions to occur at the crossings as rail traffic increases in the future. The Gordon Thomas Drive crossing is humped, lacks automatic warning signals, has limited sight distance, and has an estimated traffic volume of less than 100 vehicles per day. Additionally, the Gordon Thomas Drive crossing is located near the center of a two-mile passing siding on the NCRR H-Line. The removal of the crossing will allow the railroad to utilize the full length of the siding for holding or passing of trains without blocking traffic at the crossing. 5

24 The Greenbriar Drive crossing is slightly humped, lacks automatic warning signals, and has an estimated traffic volume of less than 100 vehicles per day. The Byrdsville Road crossing is slightly humped, is protected by automatic warning devices with lights and gates, has a history of crashes, and has an estimated traffic volume of 400 vehicles per day based on 2015 traffic counts. The Project would improve safety for rail passengers, train crews, and vehicles by eliminating the at-grade crossings and providing alternative access to nearby public roads with safer railroad crossing conditions. In 2013, there were 56 recorded highway-rail collisions resulting in seven deaths and 29 injuries in the State of North Carolina. There are no records of accidents at the Gordon Thomas Drive and Greenbriar Drive crossings; however, the Byrdsville Road crossing has a record of four crashes between 1994 and 1999, with one fatality in the 1994 accident. According to the NCDOT, trespassing on railroad property and collisions at highway rail grade crossings are the two leading causes of death in the entire railroad industry, far surpassing employee or passenger fatalities. The US Department of Transportation s 2004 Secretary s Action Plan for Highway-Rail Crossing Safety and Trespass Prevention identifies nine initiatives that are central to the effort to reduce the number of the rail-highway accidents. Among these initiatives is the effort to close unneeded at-grade crossings. The initiative is a continuation of the 1994 action plan which succeeded in a forty-three percent reduction in fatalities over the ten-year period from 1994 to The effort to close unneeded at-grade crossings is endorsed by the American Association of State Highway and Transportation Officials (AASHTO) and various state department of transportation. There is consensus among these organizations on the imperative need to close at-grade crossings in order to reduce fatalities and injuries. 1.4 Project Area Description The Project area is comprised of three separate sub-project areas (see Figures 2, 3b, and 4a.) described in Sections 1.5 through 1.7 below. The three sub-project areas are located along Old NC 10 between the Town of Hillsborough and the City of Durham in a part of the North Carolina region known as the Triangle. The Gordon Thomas Drive and Greenbriar Drive sub-project areas are in rural residential areas, while the Byrdsville Road sub-project area is in close proximity to Hillsborough where residential density is comparatively higher. All three areas have the distinct advantage of being close to major transportation routes (I-85, I-40, US 70, NC 86, and NC 751) that provide quick connections to employment centers in Research Triangle Park (RTP), Durham, Chapel Hill, and Hillsborough. Primary destinations such as places of employment, schools, churches, grocery stores, and other retail establishments for citizens near the three crossings are found in the City of Durham and the Town of Hillsborough. The crossings at Gordon Thomas Drive and Greenbriar Drive are approximately one mile west of the Durham city limit and about seven miles from the city center. 6

25 1.5 Sub-Project Area: Gordon Thomas Drive Crossing (P-4405I) The Gordon Thomas Drive crossing is identified as USDOT Crossing Number Y and is located at MP H on the NCRR H-line. The crossing is vertically humped and is protected by crossbucks. Gordon Thomas Drive is a private gravel drive that is approximately 16 feet wide at Old NC 10 and narrows to as little as ten feet south of the crossing. The crossing occurs in an area where NS operates one mainline track and a passing siding. The mainline track is rated for 65 mph, and the passing siding is rated for 45 mph passenger Gordon Thomas Drive Railroad Crossing train speeds. While the track section is straight at this location, it quickly enters a curved section both east and west of the crossing. The sight distance for train crews on either approach to the crossing is limited by heavy foliage on both sides of the track. No accidents have been recorded at this crossing. The Gordon Thomas Drive crossing is located near the center of a two-mile passing siding on the NCRR H-Line, which limits the ability of the railroad to use the full length of the siding for holding or passing of trains without blocking traffic at the crossing. The volume of daily traffic is estimated to be less than 100 vehicles per day at Gordon Thomas Drive. The Gordon Thomas Drive sub-project area is almost entirely residential with some undeveloped parcels. The one exception is a business (Orange Glass Company) along Paschall Drive. According to the future land use map in Orange County s 2030 Comprehensive Plan (adopted November 18, 2008), land uses are expected to remain generally the same (rural residential). The Gordon Thomas Drive sub-project area is flanked by the Duke Forest on the east side and much of the south side. Much of the property surrounding the six parcels is owned by Duke University and is part of the Duke Forest. Duke Forest is used for research and teaching purposes. Other areas adjacent to the sub-project area are also residential. 1.6 Sub-Project Area: Greenbriar Drive Crossing (P-4405J) The Greenbriar Drive crossing is identified as USDOT Crossing Number K and is located at MP H The crossing is protected by crossbucks. Greenbriar Drive is a private gravel drive that varies from 10 to 16 feet in width. It is approximately 12 feet wide at the railroad crossing and the approaches are paved. The crossing occurs in an area where NS operates one mainline track, which is currently rated for 79 mph passenger train speeds. While the track section is straight at this location, it quickly enters a curved section east of the crossing toward the Greenbriar Drive Railroad Crossing Gordon Thomas Drive crossing. There is heavy foliage in all four quadrants at the crossing, and the southbound approach is slightly humped. The railroad overpasses Old NC 10 approximately 550 feet east of the crossing. No accidents have been recorded at this crossing. The volume of daily traffic is estimated to be less than 100 vehicles per day at Greenbriar Drive. Land use within the Greenbriar Drive sub-project area is entirely residential with some undeveloped parcels. 7

26 Mt. Herman Church Road 85 Rhodes Creek 70 North Carolina Railroad/ Norfolk Southern Railway Ponderosa Drive Hemlock Drive To Hillsborough Greenbriar Drive Old NC 10 Old NC 10 Legend Proposed Access Road Corridor, Alternative 1 Proposed Access Road Corridor, Alternative 2 Study Area Improvements Murphey School (Historic Property) Streams and Creeks Water Bodies Private Railroad Crossing Murphey School Murphey School Road Dove Creek Road Spruce Pine Trail To Durham STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION Figure 3a Greenbriar Drive Alignment Alternatives Crossing No K ordon Thomas Private Crossing Safety Initiative Crossings at Gordon Thomas Drive, Greenbriar Drive, & Byrdsville Road Orange County ,000Feet Road 78 8 Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community

27 ± Ponderosa Drive North Carolina Railroad/ Norfolk Southern Railway Greenbriar Drive Spruce Pine Trail Murphey School Legend Proposed Roadway Proposed Right of Way Proposed Easement Existing Roadway Existing Roadway to be Resurfaced Existing Right of Way Existing Railroad Right of Way Murphey School (Historic Property) ¹º»¼ Private Railroad Crossing Ü Murphey School Road ¹º»¼ Ü Dove Creek Road Old NC 10 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION Figure 3b - Proposed Action: Greenbriar Drive Crossing Closure Crossing No K Private Crossing Safety Initiative Crossings at Gordon Thomas Drive, Greenbriar Drive, & Byrdsville Road Orange County Feet 8 97 Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community

28 The Whispering Pines subdivision, east of Greenbriar Drive, has direct access to Old NC 10 without crossing the railroad track at grade. According to the future land use maps in Orange County s 2030 Comprehensive Plan and the City of Durham s Comprehensive Plan (adopted February 28, 2005 and updated April 2012), land uses are expected to remain residential and are categorized as low density residential. Land uses immediately adjacent to the Greenbriar Drive sub-project area are primarily undeveloped with very little residential development. The nearest commercial and retail facilities, including a grocery store and restaurants, are one and a half miles east along US 70. In the Greenbriar Drive sub-project areas, the only existing roadway access is via the railroad crossing. Constructing the proposed new route will provide unimpeded access for residences and emergency services. 1.7 Sub-Project Area: Byrdsville Road Crossing (P-4405K) The Byrdsville Road crossing is identified as USDOT Crossing Number T and is located at MP H The crossing is protected by automatic warning devices. Byrdsville Road is paved and is approximately 16 feet wide. The crossing occurs in an area where NS operates one mainline track, which is currently rated for 79 mph passenger train speeds. While the track section is straight at this location, it quickly enters a curved section west of the crossing. The crossing is slightly humped and there is heavy foliage on three of the four approaches. Four crashes Byrdsville Road Railroad Crossing including have been reported at this location due to train/vehicle collisions between 1994 and 1999 with one fatality in the 1994 accident. The volume of daily traffic is estimated to be 400 vehicles per day based on 2015 traffic counts. Land use within the Byrdsville Road sub-project area is primarily residential with some undeveloped parcels. The exceptions are a church and utility company office and maintenance yard. According to the future land use maps in Orange County s 2030 Comprehensive Plan, land uses are expected to remain residential and are categorized as low density residential. Land uses immediately adjacent to the subproject area are primarily residential. The south side of the Byrdsville Road sub-project area fronts Duke Forest property. In the Byrdsville Road sub-project area, the only existing roadway access is via the railroad crossing. Constructing the proposed new route will provide unimpeded access for residences and emergency services. The neighborhoods near the Byrdsville Road crossing are adjacent to the Hillsborough town limit and about two and a half miles from the town center. A shopping center with a Super Walmart, Home Depot, restaurants, and retail stores is located less than a mile away near the I-85/ NC 86 interchange. 1.8 System Linkage Rail Service - The Project is located along the NCRR H-Line which runs from Greensboro through Raleigh to Selma. This route connects the NS Washington to Atlanta Mainline in Greensboro to the Triangle and North Carolina State Port at Morehead City. Amtrak operates six passenger trains through the corridor per day, including the once daily round trip Carolinian service between New York and Charlotte and the twice daily round trip Piedmont service between Charlotte and Raleigh. 10

29 Workm an ad Ro rth Ca ro lin d ld oa O ar ai lr NC So il Ra rn he ut ek re yc on St Lonnie Circle lk fo 10 or Luther Drive /N Wildwood Joppa Oaks y wa ¼ º ¹» Jaspers Lane ÜByrdsville Road Walter Clark Drive Ü r Du To C&J Mobile Park m ha " 86 " Piedmont Electric ÜLower Street Ü ± No Upper Street Ü STATE OF NORTH CAROLINA Legend Byrdsville Mobile Home Park Proposed Roadway Proposed Right of Way Proposed Easement Existing Roadway Existing Right of Way Existing Railroad Right of Way Duke Forest Boundary ¼» º ¹ Private Railroad Crossing Duke Forest DEPARTMENT OF TRANSPORTATION RAIL DIVISION Figure 4a - Proposed Action: Byrdsville Road Crossing Closure Crossing No T Private Crossing Safety Initiative Crossings at Gordon Thomas Drive, Greenbriar Drive, & Byrdsville Road Orange County Feet Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community

30 Interstate 85 (I-85) - I-85 is an east-west interstate facility with full control of access which runs from Montgomery, Alabama through Atlanta, Greenville, South Carolina; to Greensboro, through Durham, to Richmond, Virginia. US 70 - US 70 is one of the primary east-west corridors traversing North Carolina. The corridor is the major facility connecting the Asheville, Raleigh, Smithfield, Goldsboro, Kinston, Havelock, and Morehead City areas. The entire corridor is included in the National Highway System (NHS), the North Carolina Intrastate System, and the National Military Highway System, also known as STRAHNET. NC 86 - NC 86 runs north and south through Caswell and Orange counties in North Carolina, from Chapel Hill, to the Virginia state line at Danville, Virginia. NC 86 travels north from its southern terminus at Fordham Boulevard in Chapel Hill, through the University of North Carolina (UNC) campus and the town center. From Chapel Hill NC 86 travels north to meet I-40 before arriving in Hillsborough. There, the route meets I-85 and then joins NC 57 for about a mile through Hillsborough's central business district. Splitting to the northwest, NC 86 eventually crosses the Caswell County line. Old NC 10 Old NC 10, formerly an important central North Carolina highway, travels from NC 86 eastward to the outskirts of Durham where it joins US 70 at NC 751. Spruce Pine Trail Spruce Pine Trail (SR 1846) is a public road providing a connection between the Whispering Pines subdivision and Old NC 10. Private roads which carry traffic between subdivisions and connect to local roads include: Walter Clark Drive, Paschall Drive, Gordon Thomas Drive, Byrdsville Road, and Greenbriar Drive. 1.9 Transportation Plans As stated previously, this Project is located along the Raleigh to Charlotte portion of the SEHSR corridor which when complete will provide high-speed passenger rail service between Washington, DC and Charlotte. The Long Range Transportation Plan (LRTP) 2035 was adopted by the Durham-Chapel-Hill- Carrboro MPO s Transportation Advisory Committee (TAC) in May The LRTP lists the transportation improvements and policies to be implemented in the MPO area. Other than the I-85 widening project discussed in Section II, Project Description, there are no other roadway projects listed in the LRTP or in the NCDOT STIP near the Project crossings. These three crossing closures are included in the NCDOT STIP as P-4405I (Gordon Thomas Drive), P-4405J (Greenbriar Drive), and P-4405K (Byrdsville Road). Right-of-way acquisition is currently scheduled to begin in Fiscal Year 2015 and construction is scheduled to begin in Fiscal Year ALTERNATIVES 2.1 No Build Alternative Under the No Build Alternative, the at-grade crossings in all three sub-projects would remain open and will continue to experience an increase in accident potential due to future growth in freight and passenger train volumes. The No Build Alternative would not result in direct impacts to the natural or physical environment. However, it would not address the potential for roadway vehicle/train collisions to occur under the current conditions and as rail traffic increases in the future. 12

31 2.2 Build Alternative Under the Build Alternative, the at-grade crossings in all three sub-projects would be closed and access would be provided through an alternate route. The Build Alternative will provide increased safety through the elimination of the Gordon Thomas Drive, Greenbriar Drive and Byrdsville Road at-grade crossings along this 4.6-mile section of the NCRR H-Line corridor between the Durham and Hillsborough city limits. These improvements will further the goals of the PIP by improving passenger and freight railroad operations along the Piedmont Corridor from Raleigh to Charlotte. They will also improve safety and operations for future high-speed passenger rail service between Washington, DC and Charlotte. Although each of the crossings provides a unique access to three separate and independent communities, NCDOT has elected to evaluate the crossings for a collective assessment of the impact to this segment of the NCRR H-Line corridor and this region of Orange County in particular. The three sub-projects are described below. Gordon Thomas Drive The Gordon Thomas Drive crossing would be closed under the Build Alternative. New access to five residences would be provided using Paschall Drive west of Gordon Thomas Drive (see Figure 2). From there, drivers will be able to access Old NC 10 via SR 1715 or SR It is anticipated that the design of the new Paschall Drive roadway section will be 20 feet wide within a 50-foot right-of-way. The estimated right-of-way and construction cost for the Gordon Thomas Drive crossing closure is $985,000. The cost does not include utility relocation. Greenbriar Drive The Greenbriar Drive crossing would be closed and new access would be provided to connect Greenbriar Drive to Spruce Pine Trail in the Whispering Pines subdivision. A new roadway has been considered in two locations (see Figure 3a). Alternative 1 was approximately 400 feet north of the railroad crossing to Spruce Pine Trail approximately 450 feet north of the NCRR H-Line. Alternative 2 is at the northern end of Greenbriar Drive, approximately 950 feet north of the NCRR H-Line. The new road will be 20 feet wide within a 50-foot right-of-way. The estimated right-of-way and construction cost of the Greenbriar Drive crossing closure is $650,000. The cost does not include the utility relocation. As shown in Figure 3a, the Alternative 1 proposed alignment traveled between two homes to join with Spruce Pine Trail. A resident noted that Alternative 1 crossed part of a septic field. Moving this alignment further to the north or south to avoid the septic field would result in a residential relocation. For these reasons, Alternative 1 was eliminated from consideration, and Alternative 2 was identified as the recommended alignment option (see Figure 3b). Alternative 2 would result in minor property impacts to three residential properties due to land acquisition. No structures would be relocated. Byrdsville Road - The Byrdsville Road crossing would also be closed under the Build Alternative. Drivers west of the crossing will be rerouted to NC 86 to the west. A new roadway is proposed to connect Byrdsville Road to Walter Clark Drive (see Figure 4a). From there, drivers can follow Walter Clark Drive north to NC 86. NCDOT anticipates that the design of the new roadway will be 20 feet wide within a right-of-way that varies between approximately 50 and 130 feet. The estimated right-of-way and construction cost of the Byrdsville Road crossing closure is $1,360,000. The cost does not include the utility relocation. Three additional options to the preferred Byrdsville Road alignment were studied in an attempt to lessen the potential for impacts to the rear side of residential properties in the Joppa Oaks subdivision. These options were withdrawn from consideration due to the potential for disproportionately severe impacts and are described as follows. 13

32 The first conceptual alignment alternative began at Byrdsville Road, west of the NCRR H-Line crossing, traveled north approximately 1,400 feet along the railroad right-of-way and Stony Creek, and ended at Workman Road (see Figure 4b). The Orange County Planning and Inspections Division asked the Project Team to examine the feasibility of this alternative roadway which connects Byrdsville Road to Workman Road near Lonnie Circle. Based on a review of GIS data, and aerial photography, the Byrdsville Road - Workman Road alignment would impact Prime Farmland, a wetland, and a stream crossing resulting in up to 1,600 feet of linear stream impacts. A second conceptual alignment option extended from existing Byrdsville Road toward Walter Clark Drive, turning south and then west along the perimeter of Duke Forest to join NC 86 across from Fletcher Road (see Figure 4b). On July 9, 2013, NCDOT met with representatives of Duke Forest to discuss issues pertaining to environmental resources, research, or educational activities on this portion of Duke Forest. The alignment would more than double the linear impact along the Duke Forest boundary when compared to the Preferred Alternative (from approximately 980 feet to 2,100 feet). It would introduce unofficial access points to the property and would interfere with ongoing research projects and Reserve Officer Training Corps (R.O.T.C.) training activities. In addition, Duke Forest is concerned that the alignment would adversely impact two high quality streams within the Stony Creek watershed that are used as reference streams for research. For these reasons, the alignment option was eliminated from consideration. A third alignment option extended from existing Byrdsville Road, crossed Walter Clark Drive, and crossed property owned by Piedmont Electric to access NC 86. No drawings for this alignment were developed. On August 20, 2013, NCDOT met with representatives from Piedmont Electric to discuss an alignment that traveled along the north side of the offices, connecting with its service parking lot. This parking lot is an important component of the utility company s emergency service. When storms damage power lines in the region, this parking lot is used as a staging area for up to 100 vehicles that are responsible for repairs. This alignment was removed from consideration because it would substantially impact the company s emergency response operations. 2.3 Preferred Alternative The Preferred Alternative for the proposed Project has been identified as the Build Alternative as described in Section 2.2 above. 2.4 Cost Estimate Table 1 shows the preliminary right-of-way and construction cost for the Preferred Alternative. As stated previously, this estimate does not include the cost of utility relocations. As the Project design is refined, the cost estimate will be revised. Table 1: Project Cost Estimates Rail Crossing Right-of-Way Cost Construction Cost Total Cost Gordon Thomas Drive $185,000 $800,000 $985,000 Greenbriar Drive $125,000 $525,000 $650,000 Byrdsville Road $210,000 $1,150,000 $1,360,000 TOTAL $520,000 $2,475,000 $2,995,000 14

33 Home Depot oro ugh 85 arolina R ailroad / Workm an nr ail ad o R wa y 10 (S R ) Joppa Oaks C N Luther Drive 82) ek re yc Wildwood her on St The Summit Sou t ld O (SR 18 Norfo lk (SR 1893) North C Lonnie Circle illsb (SR 1883) To H Jaspers Lane (SR 1894) Walter Clark Drive m ha 86 Byrdsville Road r Du To Beckett's Ridge Cul-De-Sac C&J Mobile Park Piedmont Electric Lower Street Upper Street Byrdsville Mobile Home Park Legend Workman Road Alignment Option Fletcher Road Alignment Option Duke Forest Boundary Streams and Creeks Water Bodies Private Railroad Crossing Duke Forest STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION Figure 4b - Byrdsville Road Crossing Alignment Options Crossing No T Private Crossing Safety Initiative Crossings at Gordon Thomas Drive, Greenbriar Drive, & Byrdsville Road Orange County ,000 Feet Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community

34 3.0 AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES 3.1 Land Use Gordon Thomas Drive: Land use within the Gordon Thomas Drive sub-project area is almost entirely residential with some undeveloped parcels. The one exception is a business (Orange Glass Company) along Paschall Drive. According to the future land use map in Orange County s 2030 Comprehensive Plan (adopted November 18, 2008), land uses are expected to remain generally the same (rural residential). The proposed new alignment is flanked by the Duke Forest on the east side and much of the south side. Other areas just outside of the Gordon Thomas Drive sub-project area are also residential. Greenbriar Drive: Land use within the Greenbriar Drive sub-project area is entirely residential with some undeveloped parcels. The Whispering Pines subdivision is located east of Greenbriar Drive. According to the future land use maps in Orange County s 2030 Comprehensive Plan and the City of Durham s Comprehensive Plan (adopted February 28, 2005 and updated April 2012), land uses are expected to remain residential and are categorized as low density residential. Land uses immediately adjacent to the sub-project area are primarily undeveloped with very little residential development. A few businesses are located along US 70 north of the Greenbriar Drive sub-project area. Byrdsville Road: Land use within the Byrdsville Road sub-project area is primarily residential with some undeveloped parcels. The exceptions are a church and the Piedmont Electric office and maintenance yard. According to the future land use maps in Orange County s 2030 Comprehensive Plan, land uses are expected to remain residential and are categorized as low density residential. Land uses immediately adjacent to the sub-project area are primarily residential. The south side of the Byrdsville Road proposed alignment affronts Duke Forest property. Based on comments, public meeting interaction, and correspondence, many of the occupants within the sub-project areas are long-time residents with no expressed intentions of converting their properties to other uses. Because of the length of residency and existing zoning designations, no major changes to existing land use in the sub-project areas are anticipated as the result of the Preferred Alternative. The proposed improvements will not have a significant impact on local land use or character; however, there will be minor land use changes where new roadways are being proposed as undeveloped land will be converted to transportation use. However, the new roadways are expected to be contained within 50 to 130-foot right-of-way width. The proposed improvements do not conflict with existing or planned land use or development plans. 3.2 Farmlands Farmland protection legislation was enacted in 1981 in order to minimize the loss of Prime Farmland and Unique Farmland as a result of Federal actions by converting these lands to nonagricultural uses. 11 The Farmland Protection Policy Act (FPPA) requires that for projects involving federal action, the impact of land acquisition and construction activities on important farmland (i.e. Prime, Unique, or Farmland of 11 U.S. Department of Agriculture Farmland Protection and Policy Act. 16

35 Statewide or Local Importance), as defined by the Natural Resource Conservation Service (NRCS) must be performed. Prime farmland is defined as "that land best suited for producing food, feed, fiber, forage, and oil seed crops". Prime farmland soils are favorable for all major crops common to the country. Farmland of state and local importance is defined as "soils important for agriculture as determined by the appropriate state or local government agency. This Project is expected to impact soil suitable for farmland in the Gordon Thomas Drive and Byrdsville Road sub-project areas. Based on information provided by the NRCS, the proposed access roads at these two project sites would traverse soils considered suitable for Prime Farmland as well as Farmland of Statewide Importance (see Table 2),while there are also soils present considered suitable for farmland in the Greenbriar Drive sub-project area. The Greenbriar Drive sub-project area is within a boundary defined as an urbanized area by the US Census Bureau and therefore is not subject to the provisions of the FPPA. As required by the FPPA, a Farmland Conversion Rating Form (AD-1006) was completed for the Gordon Thomas Drive and Byrdsville Road components of the Preferred Alternative. The Farmland Conversion Rating Form is a tool used to assess adverse impacts to farmland that exceed the NRCS recommended allowable levels. Sites with a total site assessment score above 160 points require the consideration of alternative project alignments that would still serve the proposed purpose but would convert either fewer acres of farmland or otherwise impact farmland that has a comparatively lower value. With the assistance of NRCS, NCDOT determined that the Gordon Thomas Drive alignment received 151 points and the Byrdsville Road alignment received 152 points. Since the point totals are below 160 points, an examination of additional alternatives is not required. The completed NRCS AD-1006 Forms are included in Appendix A. The North Carolina Agricultural Development and Farmland Preservation Trust Fund s Agricultural District Program encourages the preservation and protection of farmland from non-farm development. This is in recognition of the importance of agriculture to the economic and social well-being of North Carolina. In Chapter 106, Article 61 of the North Carolina General Statutes, the North Carolina General Assembly authorized counties to undertake a series of programs to encourage the preservation of farmland. As a result, counties throughout the state of North Carolina have begun to adopt Voluntary Agricultural District Ordinances (VAD) and Enhanced Voluntary Agricultural District Ordinances (EVAD). Orange County has a VAD ordinance, but according to County planners there are no VADs within the three sub-project areas. The county does not have an EVAD ordinance. Based on site analysis and coordination with NRCS through the farmland conversion evaluation process, the proposed Project would not have a significant impact on protected farmland. 17

36 Table 2: Soils Suitable for Farmland Soil Series Mapping Unit Drainage Class Hydric Status Gordon Thomas Drive Appling sandy loam ApB, ApC Well Drained Non-hydric Helena sandy loam HeB Moderately Well Drained Non-hydric Wedowee sandy loam WmD Well Drained Non-hydric Greenbriar Drive Appling sandy loam ApB, ApC Well Drained Non-hydric Chewacla loam Ch Somewhat Poorly Drained Hydric Byrdsville Road Georgeville silt loam GeB, GeC Well Drained Non-hydric Herndon silt loam HrC Well Drained Non-hydric Tatum silt loam TaD, TaE Well Drained Non-hydric 3.3 Social Environment and Transportation The following section presents an analysis of potential impacts to social environment. Components of the social environment include population and economy, community safety and emergency response, and potential impacts to community cohesion and elderly and handicapped persons Population and Economic Characteristics The three railroad crossings are located in Orange County a part of the North Carolina known as the Triangle. The sub-project areas are along Old NC 10 between the Town of Hillsborough and the City of Durham. The Gordon Thomas Drive and Greenbriar Drive crossings are in rural residential areas, while the Byrdsville Road sub-project area is near Hillsborough where residential density is comparatively higher. All three sub-project areas have the advantage of being close to major transportation routes (I-85, I-40, US 70, NC 86, and NC 751) that provide connections to employment centers in Research Triangle Park (RTP), Durham, Chapel Hill, and Hillsborough. Duke University s Duke Forest abuts both the Gordon Thomas Drive and Byrdsville Road sub-project areas. Duke Forest is used for research and teaching purposes. Table 3 and Table 4 present demographic and economic overviews of the sub-project areas compared to Orange County and the state. As stated previously, the sub-project areas for Gordon Thomas Drive and Greenbriar Drive are almost entirely residential. Notable features within the Gordon Thomas Drive sub-project area include part of a 405-acre tract of Duke Forest land and Orange Glass Company (see Figure 5). The Greenbriar Drive subproject area is entirely residential and includes the Whispering Pines subdivision. It is also within the Eno Economic Development District (EDD). Additional features within the vicinity of the Gordon Thomas Drive and Greenbriar Drive sub-project areas include Murphey School, grocery stores, gas stations, a motel, auto repair shops, and other commercial/ retail establishments along US 70 beginning just east of the Old NC 10. The Eno Fire Department is north of I-85 near the Mount Herman Church Road (SR 1713) intersection. 18

37 Notable features within the Byrdsville Road sub-project area include the Byrdsville Mobile Home Park, Joppa Oaks subdivision, a church, Piedmont Electric and portions of Duke Forest (see Figure 6). Table 3: Population Growth and Ethnicity Population Gordon Thomas Drive & Greenbriar Drive Sub-Project Areas Population Growth Byrdsville Road Sub-Project Area Orange County North Carolina 2000 Population 1,197 2, ,227 8,049, Population 1,382 3, ,801 9,535,483 Difference ,574 1,486,170 % Change 15.5% 42.5% 13.2% 18.5% Population By Race, 2010 Race Pop. % Pop. % Pop. % Pop. % White 1, % 2, % 99, % 6,528, % African American % % 15, % 2,048, % Asian % % 9, % 208, % American Indian & Alaskan Native 4 0.3% % % 122, % Native Hawaiian & Pacific Islander 0 0.0% 2 0.1% 41 < 0.1% 6, % Other % % 5, % 414, % Two or More Races % % 3, % 206, % Total Non-White % % 34, % 3,006, % Hispanic or Latino* % % 11, % 800, % Total 1, % 3, % 133, % 9,535, % Source: US Census Bureau, 2000 and 2010 census. * Note: Hispanic/ Latino is an ethnic category and can include persons of any race; therefore, the Hispanic/ Latino population data is not included in the total. Table 4: Economic Indicators Gordon Thomas Byrdsville Economic Indicator Drive & Road Orange North Greenbriar Drive Sub-Project County Carolina Sub-Project Area Area Median Household Income $31,875 $66,419 $56,055 $46,291 Income Below Poverty Level (% Population) 5.8% 8.4% 16.9% 16.1% Households Receiving Public Assistance 1.8% 0.0% 1.3% 1.8% *Unemployment % 6.4% Source: US Census Bureau, American Community Survey; NC Division of Employment Security, October *Note Unemployment rate is for period ending June

38 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION TIP Project Nos. P-4405I, J, & K Orange County Environmental Assessment Eno Fire Department Figure 5 - Gordon Thomas Drive & Greenbriar Drive Community Resources Prop. Access Rd. Corridor, Gordon Thomas Dr. 85 Prop. Access Rd. Corridor, Greenbriar Dr., Alt. 2 Study Area Improvements Murphey School (NRHP) Rhodes Creek Confederate Inn & ABC Store 70 Orange County Durham County Durham Eno Economic Development District * Duke Forest Municipal Boundary Residential Subdivision Business Greenbriar Drive Whispering Pines Old NC 10 Food Lion Shopping Center Shopping Center Fire Department Spruce Pines Trail Murphey School (NRHP) Duke Forest NC Railroad/ Norfolk Southern Railway * The Eno Economic Development District boundary is approximate and is shown for representational purposes only. Murphey School Road Paschall Drive Gordon Thomas Drive Burlington Alamance County Caswell County Orange County Hillsborough Person County Durham County Durham Chapel Hill Chatham County Couch Mountain Road Orange Glass Company Duke Forest 751 Asheville Winston-Salem Greensboro Raleigh Charlotte Fayetteville Map Sources: Wilmington Orange County 0 1,000 2,000 North Carolina Counties North Carolina Department of Transportation Feet Orange County ICA Engineering 20 14

39 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION TIP Project Nos. P-4405I, J, & K Orange County Environmental Assessment Super Walmart/ Home Depot Shopping Center 85 Figure 6 - Byrdsville Road Community Resources Prop. Access Rd. Corridor, Byrdsville Rd. Hillsborough Beckett's Ridge Old NC 10 Workman Road Lawrence Road Study Area Improvements Duke Forest Municipal Boundary Residential Subdivision Business The Summit Beckett's Ridge Wildwood Walter Clark Drive Hillsborough Church of God Jaspers Luther Drive Lane Joppa Oaks Lonnie Circle Friendly Hills Baptist Church Stony Creek Unitarian Universalist Congregation of Hillsborough Byrdsville Road Shopping Center Place of Worship Map Sources: Orange County North Carolina Department of Transportation ICA Engineering NC Railroad/ Norfolk Southern Railway Tiny Tots Daycare Drive Surety Storage Piedmont Electric Membership Corporation Byrdsville Mobile Home Park Burlington Alamance County Caswell County Orange County Hillsborough Person County Durham County Durham Duke Forest Chapel Hill Chatham County 86 Hillsborough Asheville Winston-Salem Greensboro Raleigh Charlotte Fayetteville ,000 Feet North Carolina Counties Orange County Wilmington 21 12

40 Community/neighborhood cohesion and/or stability impacts are not anticipated as a result of this Project. According to Orange County planners, community cohesiveness in the Gordon Thomas Drive and Byrdsville Road sub-project areas is not apparent. Based on conversations with Orange County planners, there is some level of cohesiveness in the Greenbriar Drive and Whispering Pines subdivisions. However, closing the Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road railroad crossings will not prevent area residents from interacting with one another, nor will it hinder access to neighbors or frequent business destinations. New right-of-way or permanent easements will be required for access roads associated with all three crossing closures. NCDOT anticipates that no homes or businesses will be taken with the construction of the new access roads for the Gordon Thomas Drive or Greenbriar Drive improvements. The Byrdsville Road sub-project will acquire an unoccupied rental trailer located near Walter Clark Drive and Jaspers Lane, but it will not involve a residential relocation. These private railroad crossing closure projects will not affect economic and/ or business resources in any of the sub-project areas. Access to the Orange Glass Company in the Gordon Thomas Drive sub-project area will not change, and the minor amount of residential traffic from Gordon Thomas Drive will not affect this business. In the Byrdsville Road sub-project area, there is only one business Piedmont Electric. This business will not be affected since its access will not be altered. Right-of-way or permanent easements acquired from Piedmont Electric will not negatively affect their operations or economic success. There are no businesses within the Greenbriar Drive sub-project area. Nearby businesses outside of the sub-project areas will not be affected by the closures. Closing the railroad crossings at Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road and constructing the proposed access roads will alter access to some of the properties in the respective subproject areas. However as part of the Project, NCDOT will replace all access to affected properties and as a result, the proposed improvements will not significantly impact community mobility or access. Ingress and egress to affected Greenbriar Drive properties will be provided via Spruce Pine Trail in the Whispering Pines subdivision. The Project will not eliminate access to properties along Gordon Thomas Drive and Byrdsville Road. However, the Project will change that access for certain residents. In the Gordon Thomas Drive subproject area residents east of Paschall Drive and south of the NCRR H-Line will access their homes via Couch Mountain Drive and Paschall Drive. In the Byrdsville Road sub-project area residents west of the NCRR H-Line and east of Walter Clark Drive will access their homes via Walter Clark Drive and an extended Byrdsville Road. In some cases changes in access routes will result in a slightly longer commutes and travel time to nearby local roads. This increase could result in a minor impact to commute times for each of the sub-project areas. In public meetings and correspondence, residents of single-family homes in the Byrdsville Road area have expressed the belief that alternative access provided by the Preferred Alternative could result in a reduction in property values. FRA s guidance for environmental impact analysis has identified key factors that result in socioeconomic impacts including: The number and kinds of available jobs, 22

41 The potential for community disruption and demographic shifts, the need for and availability of relocation housing, impacts on commerce, including existing business districts, metropolitan areas, and the immediate area of the alternative, and Impacts on local government services and revenues. 12 None of these impacts are anticipated with the Preferred Alternative. With the Byrdsville Road subproject, residents near the crossing will have longer commutes and will be situated at the rear of the mobile home park neighborhood instead of the front. However, the sub-project will benefit these properties by providing unimpeded access to a paved publicly-maintained road, improved roadway conditions, reduced train horn noise, and reduced pass-by traffic Transportation The Project is located near major rail and highway transportation routes. Closing the railroad crossings and providing alternative access will not significantly impact mobility, access, or the transportation network. The Gordon Thomas Drive and Greenbriar Drive sub-projects would redirect low volumes of traffic and have little effect on traffic patterns. The Byrdsville Road sub-project would introduce a larger volume of traffic (approximately 1,200 vehicles per day) to the intersection of NC 86 and Walter Clark Drive. Approximately 8,900 vehicles per day currently use this portion of NC 86. Preliminary analysis indicates the redirection of Byrdsville Road traffic to this intersection will not substantially alter traffic operations. During the design phase, NCDOT will conduct a detailed traffic impact analysis to finalize the configuration of the NC 86 and Walter Clark Drive intersection. According to a school official, the Orange County School system operates two buses (two trips) that use the Byrdsville Road railroad crossing on school days. School buses do not currently use the Gordon Thomas Drive and Greenbriar Drive crossings. This Project will not adversely affect school bus routes. The Byrdsville Road sub-project will require a change in the school bus route, but the new rout will have unimpeded access to the neighborhood. When contacted, school officials did not express any concerns or request further coordination regarding this Project. There are no bike routes or pedestrian facilities in the sub-project areas to be impacted by these improvements. The railroad crossing closures will have a positive impact on the transportation system by eliminating these crossings to help facilitate safer travel along the SEHSR and the Piedmont Corridor. Construction of the new roadway alignments will provide unimpeded access for sub-project area residences Community Safety and Emergency Response The proposed actions will have a positive impact on community safety. The potential for automobile/train crashes at Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road will be eliminated by closing the private crossings. The proposed access roads will provide residents a safer route into and out of their neighborhoods. Closing these three railroad crossings will have a minimal impact on emergency response times. The increased distance resulting from the proposed actions would lengthen the distance from the nearest emergency responders to project area residents by less than Federal Railroad Administration Procedures for Considering Environmental Impacts. Federal Register, May 26, (45 FR 40854). 23

42 miles (see Table 5). Future response times to any locations will not increase by more than 30 seconds. Any increase in response times would be offset by the elimination of the crossings. Emergency personnel would no longer be delayed by passing trains at the crossings. Constructing the proposed new routes associated with the crossing closures will provide unimpeded access for residences and emergency services. Table 5: Estimated Emergency Response Times for First Responders Crossing Fire Department 1 Time 2 (min.) Existing Dist. (mile) Time 2 (min.) Future Dist. (mile) Route & (Speed in mph) Gordon Thomas Drive Eno Fire Department Exist.: Mt. Herman Church Rd. (55) Old NC 10 (55) Gordon Thomas Dr. (35) Future: Mt. Herman Church Rd. (55) Old NC 10 (55) Murphey School Rd. (55) Couch Mountain Rd. (45) Paschall Dr & proposed access road (35) Greenbriar Drive Eno Fire Department Exist.: Mt. Herman Church Rd. (55) Old NC 10 (55) Greenbriar Dr. (35) Future: Mt. Herman Church Rd. (55) Old NC 10 (55) Spruce Pines Tr. (35) proposed access road (35) Byrdsville Road Orange Rural Fire Department Exist.: Churton St. (45) US 70 (55) NC 86 (55) Old NC 10 (55) Byrdsville Rd. (35) Future: Churton St. (45) US 70 (55) NC 86 (55) Walter Clark Dr. (35) proposed access road (35) 1 Fire Department personnel are usually first responders in an emergency. The Eno Fire Department is located at 5019 E. US 70, Durham. The Orange Rural Fire Department is located at 206 S. Churton St., Hillsborough. 2 The response times were calculated assuming the speeds indicated above and ideal conditions with no delays caused by traffic or trains Elderly and Handicapped Persons The implementation of the proposed Project is not expected to negatively impact the elderly or handicapped. Based on demographic data, there is no evidence of high populations of the elderly or handicapped in the sub-project areas. 24

43 3.4 Right-of-Way and Relocations No business or residential relocations are anticipated with the proposed improvements; however, the Byrdsville Road sub-project will acquire an unoccupied rental trailer located near Walter Clark Drive and Jaspers Lane. Right-of-way will be required for construction of proposed new roadways. The NCDOT Right-of-Way Branch is responsible for the acquisition of land and right-of-way used for construction and improvements of all roads and highways. If right-of-way acquisition and/or relocations are required during final design the mitigation program established for the proposed action would be conducted in accordance with the federal 13 and state regulations. 14 The program is designed to provide assistance to displaced persons in relocating to a replacement site in which to live or do business. The relocation officer would assist owners of displaced residences, businesses, nonprofit organizations and farm operations in searching for and moving to replacement property. It is the state's policy that no person would be displaced by the NCDOT's federally-assisted construction projects unless and until comparable or adequate replacement housing has been offered or provided for each person displaced within a reasonable period of time prior to displacement. 3.5 Environmental Justice Executive Order requires that Environmental Justice principles be incorporated into all transportation studies, programs, policies and activities. The three environmental principles are: 1. To ensure the full and fair participation of all potentially affected communities in the transportation decision-making process; 2. To avoid, minimize or mitigate disproportionately high and adverse human health or environmental impacts, including social and economic impacts, on minority or low-income populations; 3. To fully evaluate the benefits and burdens of transportation programs, policies, and activities, upon low-income and minority populations. Federal law 15 protects individuals from discrimination on the grounds of race, age, color, religion, disability, sex, and national origin. Executive Order provides that each federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental impacts on minority and low-income populations 16. Special populations may include the elderly, children, the disabled, low-income areas, American Indians and other minority groups. Based on information from Orange County planners and review of demographic data, local planning documents, and site visit observations, this Project will not have a disproportionately high or adverse 13 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law NCDOT Division of Highways. Relocation Assistance. March Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d. 16 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, February 11,

44 impact on minority or low income populations. County planners indicate there are no such communities within the Gordon Thomas Drive sub-project area or Greenbriar Drive sub-project area. They have confirmed the presence of minority and low-income residents in the Byrdsville Mobile Home Park (including Hispanic/Latino residents). According to the owner of the Byrdsville Road Mobile Home Park approximately 25 percent of the residents of the Park are Hispanic or Latino. However, no homes are expected to be taken during right-of-way acquisition. Furthermore, NCDOT has conducted outreach with potentially impacted residents and the property owner. Based on the minor nature of the impacts and the results of NCDOT s outreach the Project will not disproportionately impact minority or low-income persons. In order to provide opportunities for participation of Spanish-speaking persons in the Project development process, Spanish-language meeting announcements were posted and distributed in the Byrdsville Road Mobile Home Park and a Spanish language interpreter was available at four public meetings. 3.6 Air Quality Attainment Status The Project is located in Orange County, which is part of the Raleigh-Durham-Chapel Hill 1997 Ozone Attainment/ Maintenance area defined by the Environmental Protection Agency (EPA). Orange County complies with the National Ambient Air Quality Standards (NAAQS) for carbon monoxide (CO) and particulate matter (PM 2.5). The General Conformity requirements included in the Code of Federal Regulations, 40 CFR 51 Subpart W and 40 CFR 93 Subpart B, apply to all Federal actions except Federal Highway and transit actions to which the transportation conformity requirements apply. The proposed action is primarily funded by the FRA, thus it falls under the General Conformity Rules. A conformity determination is required for each criteria pollutant or precursor where the total of direct and indirect emissions of the criteria pollutant or precursor in a nonattainment or maintenance area caused by a Federal action would equal or exceed emission rate thresholds of 100 tons per year for volatile organic compounds (VOC), nitrogen oxides (NOx), and CO. NCDOT analyzed the direct and indirect emissions anticipated during the construction period for the Project (documented in the Project s Record of Non-Applicability General Conformity Air Quality Analysis Report, November 2014). The Project emissions are calculated to be 1.6 (VOC), 15.4 (CO), and 12.0 (NOx) tons per year. These emissions levels are below the General Conformity thresholds and are regionally insignificant. The FRA and NCDOT have determined the Project complies with the General Conformity requirements and no further analysis is required. The Project conforms to the current state air quality implementation plan; therefore, adverse air quality impacts are not anticipated Mobile Source Air Toxics (MSATs) Controlling air toxic emissions became a national priority with the passage of the Clean Air Act Amendments (CAAA) of 1990, whereby Congress mandated that the U.S. Environmental Protection Agency (EPA) regulate 188 air toxics, also known as hazardous air pollutants. The EPA has assessed this expansive list in their latest rule on the Control of Hazardous Air Pollutants from Mobile Sources (72 FR 8430, February 26, 2007) and identified a group of 93 compounds emitted from mobile sources that are 26

45 listed in their Integrated Risk Information System (IRIS). 17 In addition, EPA identified seven compounds with significant contributions from mobile sources that are among the national and regional-scale cancer risk drivers from their 1999 National Air Toxics Assessment (NATA). 18 These are acrolein, benzene, 1,3-butadiene, diesel particulate matter plus diesel exhaust organic gases (diesel PM), formaldehyde, naphthalene, and polycyclic organic matter. While FHWA considers these the priority mobile source air toxics (MSAT), the list is subject to change and may be adjusted in consideration of future EPA rules. The Federal Highway Administration (FHWA) developed a tiered approach for analyzing MSAT in NEPA documents, depending on specific Project circumstances. The FHWA has identified three levels of analysis. 1. No analysis for projects with no potential for meaningful MSAT effects; 2. Qualitative analysis for projects with low potential MSAT effects; or 3. Quantitative analysis to differentiate alternatives for projects with higher potential MSAT effects. The proposed Project is to provide safety improvements along the Raleigh to Charlotte by closing three railroad crossings and constructing alternative access. FHWA has determined that minor roadway construction projects such as these generate minimal air quality impacts for CAAA criteria pollutants and has not been linked with any special MSAT concerns. 19 As such, this Project will not result in changes in traffic volumes, vehicle mix, basic Project location, or any other factor that would cause an increase in MSAT impacts of the Project from that of the No Build alternative. Moreover, EPA regulations for vehicle engines and fuels will cause overall MSAT emissions to decline significantly over the next several decades. Based on regulations now in effect, an analysis of national trends with EPA's MOBILE6.2 model forecasts a combined reduction of 72 percent in the total annual emission rate for the priority MSAT from 1999 to 2050 while vehicle-miles of travel are projected to increase by 145 percent. This will both reduce the background level of MSAT as well as the possibility of even minor MSAT emissions from this Project. 3.7 Noise and Vibration Noise is defined as unwanted sound and can come from man-made sources or natural sources. Noise can interrupt human activities and result in annoyance, especially in residential areas. Changes in noise levels can interrupt human activities and can result in annoyance, especially in residential areas. The existing noise environment for the sub-project areas is typical of low-noise rural residential areas. Background noise is generated by traffic on adjacent roads with periodic train horn noise generating peak noise levels. The proposed Project consists of closing three private railroad crossings and constructing service roads for access to a small number of properties. This Project will not generate a substantial amount of traffic and is therefore considered neutral from a traffic noise perspective. The removal of the crossings would instead eliminate the need for trains to sound their horns as they approach the crossing resulting in a reduction in noise, which will have a positive impact on the noise environment. Since there are no track improvements associated with the Project, vibration impacts from train operations will not change as a result of crossing closures

46 Short-term noise impacts are anticipated during construction. Construction elements will consist of pavement and earth removal, hauling, grading and paving. General construction noise impacts, such as temporary speech interference for passersby and those individuals living near the Project, can be expected particularly from paving operations and from the earth moving equipment during grading operations. Overall, construction noise impacts are expected to be minimal, since the construction noise is relatively short in duration and is generally restricted to daytime hours. Furthermore, the transmission loss characteristics of surrounding wooded areas and other natural and man-made features are considered sufficient to moderate the effects of intrusive construction noise. Measures to mitigate temporary construction noise impacts may include: Limiting earth removal, grading hauling and paving activities to weekday daytime hours. Portable noise barriers and other equipment-quieting devices. 3.8 Natural Resources The Project will require the commitment of natural resources. Allocation of physical resources such as fuels and construction materials will be necessary to complete the Project. Wetlands and biotic communities located within the proposed construction limits will be impacted in order to construct the improved transportation facility Physiography The Gordon Thomas Drive and Greenbriar Drive sub-project areas lie within the piedmont physiographic region of North Carolina. Topography in the Project vicinity is comprised of gently rolling hills with narrow, level floodplains along streams. Elevations in the Gordon Thomas Drive and Greenbriar Drive sub-project area range from 425 to 460 feet above sea level. Land use consists primarily of mesic mixed hardwood forest piedmont subtype. Elevations in the Byrdsville Road sub-project area range from 545 to 665 feet above sea level. Land use consists primarily of piedmont bottomland forest Water Resources The Gordon Thomas Drive sub-project area is within the Neuse River Basin. No jurisdictional water resources or ponds are located in the Gordon Thomas Drive sub-project area. No features within the subproject area have been designated as Outstanding Resource Water (ORW) or as trout waters. There are no designated anadromous fish waters or Primary Nursery Areas (PNA), designated High Quality Waters (HQW), or water supply watersheds (WS-I or WS-II) within one mile downstream. There are no impaired waters, identified on the North Carolina 2010 Final 303(d) list, within two miles downstream of the Gordon Thomas Drive sub-project area. There are no monitoring sites (ambient water quality, benthic, or fish) within two miles of the Gordon Thomas sub-project area. Water resources in the Greenbriar Drive sub-project area are part of the Neuse River basin. Three streams were identified in the Greenbriar Drive sub-project area (see Table 6) and their location shown in Figure 7. The physical characteristics of the streams are provided in Table 7. 28

47 Table 6: Water Resource Characteristics Figure Number Stream Name Map ID Notes: DWR Index Number Best Usage Classification Greenbriar Drive Water Resources 7 UT to Rhodes Creek SA WS-IV, NSW 7 UT to SA SB None None 7 UT to SA SC None None Byrdsville Road Water Resources 8 UT to Stony Creek SB None None WS IV Water Supply; IV Highly Developed; NWS Nutrient Sensitive Waters Table 7: Physical Characteristics of Water Resources Figure Bank Water Map Bankfull Channel Height Depth ID Width (ft) Substrate (ft) (in) Greenbriar Drive Water Resources 7 SA Sand, Gravel, Cobble 7 SB Clay, Silt, Sand, Gravel Velocity Moderate Slow Clarity Clear Clear 7 SC Clay, Sand None Clear Byrdsville Road Water Resources Sand, Gravel, 8 SB Cobble 8 SC Clay, Silt, Sand, Gravel, Cobble Slow Moderate Clear Slightly Turbid 29

48 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION TIP Project Nos. P-4405I, J, & K Orange County Environmental Assessment Figure 7 - Greenbriar Drive Jurisdictional Features Jurisdictional Stream Jurisdictional Wetlands Wetland WD Jurisdictional Study Area Stream SC Alternative 2 Greenbriar Drive Stream SA Alternative 1 Wetland WB Stream SB Spruce Pine Trail Note: Only those streams delineated in the field are shown for map clarity. NC Railroad/Norfolk Southern Railway Wetland WA Burlington Caswell County Orange County Hillsborough Person County Durham County Alamance County Durham Chapel Hill Old NC 10 Chatham County Winston-Salem Greensboro Asheville Raleigh Charlotte Fayetteville Map Sources: Wilmington North Carolina Department of Transportation North Carolina Counties The Catena Group Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, and the GIS Feet User Community Orange County ICA Engineering

49 There are no ponds, Outstanding Resource Water (ORW) or trout waters located in the Greenbriar Drive sub-project area. There are no designated anadromous fish waters or Primary Nursery Areas (PNA), designated High Quality Waters (HQW), or water supply watersheds (WS-I or WS-II) within two miles downstream. There are no impaired waters, identified on the North Carolina 2010 Final 303(d) list, within two miles downstream of the sub-project area. Water resources in the Byrdsville Road sub-project area are also part of the Neuse River basin. One jurisdictional stream was identified (see Table 6) and its location is shown in Figure 8. The physical characteristics of the stream are provided in Table 7. There are no ponds within the Byrdsville sub-project area that have been designated as Outstanding Resource Water (ORW) or as trout waters. There are no designated anadromous fish waters or Primary Nursery Areas (PNA), designated High Quality Waters (HQW), or water supply watersheds (WS-I or WS-II) within two miles downstream. There are no impaired waters, identified on the North Carolina 2010 Final 303(d) list, within two miles downstream of the sub-project area. 3.9 Biotic Resources This section presents potential impacts to biotic resources due to the proposed Project. For the purposes of this study the term biotic resources refers to flora (plants) and fauna (fish, birds, reptiles, and amphibians). The term also refers to lakes, wetlands, rivers, forests, and upland communities, and other habitat types supporting flora, aquatic, and avian fauna. This report section identifies biotic resources and assesses potential Project-related impacts Gordon Thomas Drive Terrestrial Communities Three terrestrial communities were identified in the 9.2-acre Gordon Thomas Drive estimated limits of disturbance: maintained/ disturbed (31.5 percent), and mesic mixed hardwood forest piedmont subtype (50.0 percent). Roadway comprises 18.5 percent of the total land area. A brief description of each community type follows. Maintained/disturbed areas are located along road shoulders, power line easements, a field on residential property, and residential areas. The vegetation in the field and along road shoulders is comprised mainly of herbaceous species such as tall fescue, goldenrod, white clover, and broomsedge. Vegetation within residential areas is comprised mainly of herbaceous species such as bermuda grass, tall fescue, centipede grass, purple violet, Queen Anne s lace, narrow leaf plantain, horse nettle, white clover, horse weed, dandelion, goose grass, broomsedge, and dog fennel. Loblolly pine is the dominant canopy species in residential areas. The power line easement and field are dominated by herbaceous species such as winged stem, tall fescue, goldenrod, narrow leaf plantain, and white aster. Invasive exotics observed in the maintained/disturbed area include Japanese honeysuckle, Japanese stiltgrass, Chinese wisteria, and multiflora rose. The mesic mixed hardwood forest piedmont subtype occurs on dry moderate slopes in undisturbed areas in the estimated limits of disturbance. See Table 8 for species within this subtype. Community data are presented in the context of total coverage of each type within the estimated limits of disturbance (see Table 9). 31

50 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION TIP Project Nos. P-4405I, J, & K Orange County Environmental Assessment Figure 8 - Byrdsville Road Jurisdictional Features NC Railroad/Norfolk Southern Railway Old NC Jurisdictional Stream Jurisdictional Study Area Luther Drive Lonnie Circle Lonnie Circle Jaspers Lane Walter Clark Drive Stream SB Stream SB Byrdsville Road Note: Only those streams delineated in the field are shown for map clarity. Caswell County Person County Burlington Orange County Hillsborough Durham County Alamance County Durham Chapel Hill Lower Street Chatham County Upper Street Winston-Salem Greensboro Asheville Raleigh Charlotte Fayetteville Map Sources: Wilmington North Carolina Department of Transportation North Carolina Counties The Catena Group Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community Orange County ICA Engineering 3231 Feet 21

51 Based on a preliminary area of disturbance that is 50 feet from the roadway edge, it is estimated the Gordon Thomas Drive alignment would impact approximately 4.6 acres of mesic mixed hardwood forest, and 2.9 acres of maintained/disturbed land. Roadway comprises 1.7 acres of land the within the preliminary area of disturbance. Impacts to terrestrial resources have been minimized where possible by improving the existing roadbed and incorporating previously disturbed or maintained areas. During construction, these impacts will be further minimized through BMPs. Related BMPs include provisions that land disturbing activities will be confined to the work area. Temporary fill and construction debris will removed and the affected areas restored to pre-project ground conditions and stabilized with vegetation Greenbriar Drive Terrestrial Communities Three terrestrial communities were identified in the 2.7 acre Greenbriar Drive estimated limits of disturbance: maintained/ disturbed (37.0 percent), mesic mixed hardwood forest piedmont subtype (18.5 percent), and piedmont bottomland forest - typic low subtype (40.7 percent). Roadway comprises 3.7 percent of the total land area. A brief description of each community type follows. Maintained/disturbed areas include road shoulders and residential areas. Road shoulders and residential areas are comprised mainly of herbaceous species such as tall fescue, bermuda grass, centipede grass, and white clover. Invasive exotics observed include Japanese stiltgrass and Japanese honeysuckle. The mesic mixed hardwood forest piedmont subtype occurs on dry moderate slopes in undisturbed areas along the western portion of the estimated limits of disturbance. The piedmont bottomland forest typic low subtype occurs on lower linear slopes along floodplains and drainage features of identified streams and wetlands. See Table 8 for species within these subtypes. Terrestrial communities would be impacted by the Project as a result of grading and paving activities. Based on an estimated limit of disturbance that is 50 feet from the roadway edge, it is estimated the Greenbriar Drive alignment would impact 1.0 acres of maintained/disturbed land, 1.1 acres of piedmont bottomland forest, and 0.5 acres of mesic mixed hardwood forest. Roadway comprises 0.1 acres of land within the preliminary area of disturbance. Impacts to terrestrial resources have been minimized where possible by improving the existing roadbed and incorporating previously disturbed or maintained areas. During construction, these impacts will be further minimized through BMPs. Table 8: Terrestrial Communities Community Species Gordon Thomas Drive Terrestrial Communities: Piedmont Subtype Canopy Subcanopy Shrubs Red maple, tulip poplar, sweetgum, loblolly pine, sourwood, red oak, American beech, black oak, willow oak, winged elm and white oak. Subcanopy species include sourwood, red maple, black gum, red cedar, ironwood, winged elm, flowering dogwood, American holly, black cherry, red mulberry, and the invasive tree-of-heaven. Shrubs observed include lowbush blueberry, downy arrowwood, and the invasive Chinese privet. 33

52 Table 8: Terrestrial Communities Community Herb Layer Species Christmas fern, pussy toes, spotted wintergreen, chickweed, mugwort and the invasive Japanese stiltgrass. Vines Muscadine grape, common greenbriar, and the invasive Chinese wisteria and Japanese honeysuckle. Greenbriar Drive Terrestrial Communities: Piedmont Subtype Canopy Subcanopy Shrubs Herb Layer Vines Tulip poplar, red maple, loblolly pine, and winged elm. Red maple, ironwood, winged elm, and flowering dogwood. Invasive Chinese privet. The herb layer was sparsely vegetated Christmas fern, sedges, and the invasive Japanese stiltgrass. Vines observed include muscadine grape, common greenbriar, and the invasive Japanese honeysuckle. Greenbriar Drive Terrestrial Communities: Typic Low Subtype Canopy Subcanopy Shrubs Herb Layer Vines Red maple, green ash, sweetgum, shagbark hickory, and swamp chestnut oak. Ironwood, green ash, black gum, red elm, and American hazel-nut American hazel-nut, black-haw, silky dogwood, American elderberry, and the invasive Chinese privet. Spotted touch-me-not, lizard s tail, ground ivy, and the invasive Japanese stiltgrass. Poison ivy, Virginia-creeper, common greenbriar, and the invasive Japanese honeysuckle. Byrdsville Road: Typic Subtype Canopy Subcanopy Shrubs Tulip poplar, sugar-berry, red maple, loblolly pine, mockernut hickory, northern red oak, river birch, sweetgum, red elm and white oak Ironwood, winged elm, flowering dogwood, black cherry, black walnut, persimmon, tulip poplar, mockernut hickory, and shingle oak and the invasive princess tree and tree-of-heaven. American elderberry, American witchhazel, brookside alder, silky dogwood, sugar-berry, southern bayberry, smooth blackhaw, and the invasive Chinese privet and multiflora rose. 34

53 Table 8: Terrestrial Communities Community Herb Layer Vines Species New York fern, southern lady fern, Christmas fern, pokeweed, winged Stem, lizard s tail, cut-leaf water- horehound, fringed sedge, small-spike false nettle, spotted touch-me-not, and the invasive Japanese stiltgrass. Muscadine grape, Virginia-creeper, poison ivy, common greenbriar, and the invasive Japanese honeysuckle. Byrdsville Road: Piedmont Subtype Canopy Subcanopy Shrubs Herb Layer Vines White oak, loblolly pine, tulip poplar, and northern red oak Tulip poplar, loblolly pine, and red maple. Highbush blueberry and the invasive Chinese privet. Christmas fern and the invasive Japanese stiltgrass. Muscadine grape, poison ivy, and the invasive Japanese honeysuckle Byrdsville Road Terrestrial Communities Two terrestrial communities were identified in the 11.9 acre estimated limits of disturbance: maintained/ disturbed (80.7 percent) and piedmont headwater stream forest typic subtype (2.5 percent). Roadway comprises 16.8 percent of the total land area. A brief description of each community type follows. Maintained/disturbed areas include road shoulders, residential areas, power line easements, and a 5 to 10 year cutover. Road shoulders and residential areas are comprised mainly of herbaceous species such as tall fescue, bermuda grass, centipede grass, and white clover. Invasive exotics include Japanese honeysuckle, Japanese stiltgrass, mimosa, and multiflora rose and were observed along the maintained/disturbed and forest ecotone. The cutover area is comprised of canopy species of loblolly pine, red maple, shortleaf pine, tulip poplar, and sweetgum. Blackberry was the dominant herbaceous species present. The power line easement consisted mostly of herbaceous species such as tall fescue, dog fennel, ground ivy, and goldenrod. Subcanopy species of American beech, persimmon, white oak, and shortleaf pine were also present. Invasive exotics observed in the power line easement include Chinese privet, tree-of-heaven, Japanese stiltgrass, and Johnson grass. The piedmont headwater stream forest typic subtype occurs on flat floodplains along the perennial stream identified in the estimated limits of disturbance (see Table 9). Based on a preliminary area of disturbance that is 50 feet from the roadway edge, it is estimated the Byrdsville Road alignment would impact approximately 0.3 acres of piedmont headwater stream forest and 9.6 acres of maintained/disturbed land. Roadway comprises 2.0 acres of land within the preliminary area of disturbance. Impacts to terrestrial resources have been minimized where possible by improving the existing roadbed and incorporating previously disturbed or maintained areas. During construction, these impacts will be further minimized through BMPs. 35

54 Table 9: Terrestrial Coverage Gordon Thomas Drive Terrestrial Communities Percent of Limits of Disturbance Coverage (acres) Maintained/ Disturbed 31.9% 2.9 Mesic Mixed Hardwood Forest Piedmont Subtype 49.8% 4.6 Roadway 18.3% 1.7 Total 100% 9.2 Greenbriar Drive Terrestrial Communities Maintained/Disturbed 36.1% 1.0 Mesic Mixed Hardwood Forest Piedmont Subtype 18.6% 0.5 Piedmont Bottomland Forest Typic Low Subtype 42.6% 1.1 Roadway 2.7% 0.1 Total 100.0% 2.7 Byrdsville Road Terrestrial Communities Maintained/ Disturbed 80.3% 9.6 Piedmont Headwater Stream Forest 2.1% 0.3 Roadway 17.6% 2.0 Total 100.0% Terrestrial Wildlife Terrestrial communities in the sub-project areas are comprised of both natural and disturbed habitats that may support several wildlife species. Table 10 below details species anticipated or observed in the subproject areas. The proposed Project is not expected to result in significant adverse impacts to wildlife due to the already developed nature of the Project study area. Impacts to plant communities are expected to be limited to cut-fill and clearing. NCDOT will reduce potential wildlife habitat impacts through BMPs that pertain to managing the work area, site clean-up, pipe and culvert installation, slope repair, silt fencing, ground stabilization, and use of vegetation. Short-term displacement of local wildlife populations will occur during initial construction. Local large mammal populations such as deer may experience disruptions in mating, feeding, or migratory patterns as a result of construction. These impacts will be minor and as these populations become habituated to the new roadways these disruptions will lessen. Most local species are already habituated to disturbances within developed areas and are expected to move back into the vicinity of the construction area. 36

55 Table 10: Terrestrial Wildlife Species Gordon Thomas Drive Greenbriar Drive Byrdsville Road Mammals Eastern cottontail, raccoon, Virginia opossum, and *whitetailed deer. Eastern cottontail, raccoon, Virginia opossum, and white-tailed deer. Eastern cottontail, raccoon, Virginia opossum, and white-tailed deer. Birds *American crow, blue jay, Carolina chickadee, *tufted titmouse, yellow-rumped warbler, and wild turkey. American crow, blue jay, Carolina chickadee, tufted titmouse, yellow-rumped warbler, and wild turkey. American crow, blue jay, Carolina chickadee, tufted titmouse, yellow-rumped warbler, and wild turkey. Reptile and Amphibian Northern copperhead, black rat snake, black racer, eastern box turtle, eastern fence lizard, five-lined skink, and *American toad. *Indicates species observed in the sub-project areas. Northern copperhead, black rat snake, black racer, eastern box turtle, eastern fence lizard, fivelined skink, and American toad. Northern copperhead, black rat snake, black racer, eastern box turtle, eastern fence lizard, fivelined skink, and American toad Aquatic Communities No aquatic communities were observed in the Gordon Thomas Drive sub-project area. Aquatic communities in the Greenbriar Drive sub-project area include one perennial stream and two intermittent streams. The perennial and intermittent streams are relatively small in size and could support green frog and mosquitofish. Crayfish and benthic macroinvertebrates were observed in the sub-project area. Aquatic communities in the Byrdsville Road sub-project area include one perennial stream. The perennial stream is relatively small in size and the deeper pools could support green frogs. Crayfish, dusky salamander and benthic macroinvertebrates were observed in the sub-project area. The locations of these resources within the Preferred Alternative corridor have been verified by jurisdictional determinations. Potential impacts to aquatic communities include fluctuations in water temperature as a result of the loss of riparian vegetation, and temporary and permanent impacts to aquatic organisms as a result of increased sedimentation. Impacts to aquatic communities and wildlife from erosion and sedimentation will be minimized through implementation of a stringent erosion-control schedule and the use of BMPs that pertain to managing the work area, site clean-up, pipe and culvert installation, slope repair, silt fencing, ground stabilization, and use of vegetation Endangered and Threatened Species As of October 16, 2014, the United States Fish and Wildlife Service (USFWS) lists four federally protected species for Orange County (see Table 11). There are no Threatened species listed in Orange 37

56 County. Field investigations were conducted in accordance with the NCDOT Natural Environment Section standard operating procedures dated January 1, 2007 within USFWS optimal survey windows. Below is a brief description of the species habitat requirements and NCDOT s Biological Conclusion which is based on survey results of the sub-project area Red-Cockaded Woodpecker The red-cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine, for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, and which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 miles. Biological Conclusion (All Sub-Project Areas): No Effect. Suitable habitat for the RCW does not exist in the three sub-project study areas. Forests in the sub-project areas are comprised of a closed hardwood canopy and sub-canopy. Where pine trees occur in maintained or disturbed areas or mesic mixed hardwood forests, they are not of sufficient age or density to provide suitable nesting or foraging habitat. A review of NCNHP records on October 10, 2014 indicates no known RCW occurrence within two miles of the sub-project area. Table 11: Federally Protected Species Listed for Orange County Scientific Name Common Name Federal Habitat Biological Picoides borealis Alasmidonta heterodon Red-cockaded woodpecker Dwarf-wedge mussel E Yes E No No Effect May Affect-Not Likely to Adversely Affect Rhus michauxii Michaux s sumac E Yes No Effect Echinacea laevigata E Endangered Smooth coneflower E Yes No Effect Dwarf-Wedge Mussel In North Carolina, the dwarf-wedge mussel is known from the Neuse and Tar River drainages. The mussel inhabits creek and river areas with a slow to moderate current and sand, gravel, or firm silt bottoms. Water in these areas must be well oxygenated. Stream banks in these areas are generally stable with extensive root systems holding soils in place. Screenings were conducted in the Greenbriar Drive and Byrdsville Road sub-project areas using NCDOT protocols to determine if standard mussel surveys were needed. A review of NCNHP records on October 8, 2012 and October 13, 2014 indicate no known occurrence within two miles of the sub-project areas. The Gordon Thomas Drive sub-project area does not contain any streams and therefore was not considered for screening. 38

57 Greenbriar Drive Biological Conclusion: No Effect. This species has been reported from the Eno River in Orange County 20.6 miles downstream of the Greenbriar Drive sub-project area. A screening was performed for the Dwarf-wedge mussel in a 400-meter section at the downstream extent of the subproject area on January 14, Suitable habitat does not exist for the dwarf-wedge mussel due to poor in-stream habitat and the presence of several beaver dams within and immediately downstream of the Greenbriar Drive sub-project area. Using visual and tactile methodologies, no evidence of freshwater mussels were observed. Byrdsville Road Biological Conclusion: May Affect-Not Likely to Adversely Affect. This species has been reported from the Eno River in Orange County 24.5 miles downstream of the sub-project area. On January 9, 2013 a survey was conducted by searching for evidence of freshwater mussels (i.e. relict shells, live mussels, etc.) in an approximately 400 meter section at the downstream extent of the sub-project area. Suitable habitat does not exist for the dwarf-wedge mussel within the UT to Stony Creek; however, suitable habitat does exist in Stony Creek beginning near the confluence with the UT that extends into the sub-project area. Using visual and tactile methodologies, no evidence of freshwater mussels were observed and their presence is unlikely. Due to the proximity of Stony Creek, NCDOT concluded the Project May Affect-Not Likely to Adversely Affect the dwarf-wedge mussel. The USFWS provided concurrence with this finding on September 12, Michaux s Sumac Michaux s sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky, open, upland woods on acidic or circumneutral, well-drained sands or sandy loam soils with low cation exchange capacities. The species is also found on sandy or submesic loamy swales and depressions in the fall line Sandhills region as well as in openings along the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights-of-way; areas where forest canopies have been opened up by blowdowns and/or storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g., mowing, clearing, grazing, and periodic fire) maintains its open habitat. Biological Conclusion (All Sub-Project Areas): No Effect. Suitable habitat for Michaux s sumac is present in the sub-project areas along roadside shoulders and utility easements. A plant by plant survey was conducted throughout areas of suitable habitat on September 21, No individuals of Michaux s sumac were observed. A review of NCNHP records on October 13, 2014 indicates no known occurrences within two miles of the Project study area Smooth Coneflower Smooth coneflower, a perennial herb, is typically found in meadows, open woodlands, the ecotonal regions between meadows and woodlands, cedar barrens, dry limestone bluffs, clear cuts, and roadside and utility rights of way. In North Carolina, the species normally grows in magnesium- and calcium- rich soils associated with gabbro and diabase parent material, and typically occur in Iredell, Misenheimer, and Picture soil series. It grows best with abundant sunlight, little competition in the herbaceous layer, and 39

58 periodic disturbances (e.g., regular fire regime, well-timed mowing, and careful clearing) prevent encroachment of shade-producing woody shrubs and trees. On sites where woody succession is held in check, it is characterized by a number of species with affinities. Biological Conclusion (All Sub-Project Areas): No Effect. Marginally suitable habitat for smooth coneflower is present in the sub-project areas along roadside shoulders and utility easements. A plant by plant survey was conducted throughout areas of suitable habitat on September 21, No individuals of smooth coneflower were observed. A review of NCNHP records on October 13, 2014 indicates no known occurrences within two miles of the Project study area Bald Eagle and Golden Eagle Protection Act Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-gis assessment of the Project study area, as well as the area within a 660-foot radius of the Project limits for each of the three crossing closures, was performed on October 2, 2012, using 2010 color aerials. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a survey of the Project study area and the area was not conducted. A review of the NCNHP database on October 2, 2012, revealed no known occurrences of this species 2.0 mile of any of the sub-project areas. Due to the lack of habitat, known occurrences, and minimal impact anticipated for this Project, NCDOT determined that this Project will not affect this species Candidate Species and Federal Species of Concern There are no candidate species listed for Orange County. A review of NCNHP records, conducted on October 8, 2012, indicated six Federal Species of Concern within a two mile radius of the Gordon Thomas Drive or Greenbriar Drive sub-project areas: Roanoke bass, sweet pinesap, Altantic pigtoe, green floater, Carolina darter, and yellow lampmussel. The Altantic pigtoe, green floater, Roanoke bass, Carolina darter, and yellow lampmussel have been observed in the Eno River, approximately 1.5 miles downstream of the Greenbriar Drive sub-project area. Four Federal Species of Concern within a two mile radius of the Byrdsville Road sub-project area: sweet pinesap, Altantic pigtoe, green floater, and yellow lampmussel. The Altantic pigtoe, green floater, and yellow lampmussel have been observed in the Eno River at the confluence with Stony Creek, approximately 4.5 river miles downstream of the confluence of the perennial stream identified in the Byrdsville Road sub-project area and Stony Creek Essential Fish Habitat Based on the review of data provided by National Marine Fisheries Service (NMFS), there is no Essential Fish Habitat within any of the sub-project areas Jurisdictional Issues This section of the document addresses potential impacts and mitigation measures for jurisdictional resources. The analysis of potential impacts and the development of mitigation measures have been identified through fieldwork, analysis, and consultation with the regulating agencies. 40

59 Clean Water Act Waters of the U.S. Three jurisdictional streams were identified in the Greenbriar Drive sub-project area and one was identified in the Byrdsville Road sub-project area (see Table 12). The location of these streams is shown on Figure 7. All jurisdictional streams in the Greenbriar Drive sub-project area are cool water streams. A total of linear feet of stream impacts are anticipated for the Greenbriar Drive estimated limits of disturbance under the recommended option. Compensatory mitigation is required for wetland and stream impacts in the Greenbriar Drive and Byrdsville Road sub-project areas. No jurisdictional streams or wetlands were identified in the Gordon Thomas Drive sub-project area. Three jurisdictional wetlands were identified within the Greenbriar Drive sub-project area (see Figure 7). Wetland classification and quality rating data are presented in Table 13. All wetlands are within the Neuse River basin (USGS Hydrologic Unit ). USACE Rapanos and wetland delineation forms, NCWAM field assessment forms, and DWR wetland rating forms for each site are included in in the NCDOT Natural Resources Technical Report, January While a total of linear feet of stream impacts and 0.2 acres of wetland impacts would occur under the Preferred Alternative. Table 12: Jurisdictional Water Resources Figure Number Map ID Classification River Basin Buffer Project Impacts (ft) Greenbriar Drive Limits of Disturbance 7 SA Perennial Subject SB Intermittent No SC Intermittent No Total Total Figure Number Map ID Classification River Basin Buffer Project Impacts (ft) Byrdsville Road Limits of Disturbance 8 SC Perennial Subject Note Impact acreage is based on the acreage of wetland within estimated limits of disturbance. One jurisdictional stream was identified in the Byrdsville Road sub-project area (see Table 12). The location of the stream is shown on Figure 8. The jurisdictional stream in the Byrdsville Road sub-project area has been designated as a cool water stream for the purposes of stream mitigation. Based on the preliminary improvement areas, linear feet of stream impacts are anticipated with the Byrdsville Road improvements. No jurisdictional wetlands were identified within the Byrdsville Road sub-project area. 41

60 Map ID WA WB WD Table 13: Greenbriar Drive Jurisdictional Wetlands NCWAM Classification Bottomland Hardwood Forest Bottomland Hardwood Forest Bottomland Hardwood Forest Hydrologic Classification DWR Wetland Rating Area (ac.) Project Impacts (ft) Riparian Riparian Riparian Total Acres Note Impact acreage is based on the acreage of wetland within estimated limits of disturbance Clean Water Act Permits A Nationwide Permit (NWP) 23 will likely be applicable for potential impacts to jurisdictional resources. Other permits that may apply include a NWP No. 33 for temporary construction activities such as stream dewatering, work bridges, or temporary causeways that may be needed during Project construction or rehabilitation. Ultimately, the USACE holds the final discretion as to what permit will be required to authorize Project construction. Impacts to Section 404 jurisdictional areas will be authorized under a US Army Corps of Engineers (USACE) Nationwide Permit. Nationwide Permits (NWPs) that may apply include a NWP No. 3 for maintenance of currently serviceable structures, NWP No. 14 for linear transportation projects, NWP No. 18 for minor discharges, and NWP No. 33 for temporary construction activities such as stream dewatering, work bridges, or temporary causeways that are often used during bridge construction or rehabilitation. In addition to the 404 permit (NWP), other required authorizations include the corresponding Section 401 Water Quality Certification (WQC) from the DWR. Other required 401 certifications may include a GC 3688 for temporary construction access and dewatering Coastal Area Management Act Areas of Environmental Concern The sub-project areas are in Orange County which is not located on or near the coast and is therefore not subject to the rules and policies of the Coastal Resources Commission; therefore there are no Coastal Area Management Act Areas of Environmental Concern Construction Moratoria There are no designated trout waters within the sub-project areas or designated anadromous fish habitat within the sub-project areas. No streams are listed as waters that require any construction moratorium N.C. River Basin Buffer Rules Streamside riparian zones for all streams within the Greenbriar Drive and Byrdsville Road sub-project areas are protected under provisions of the Neuse River and Falls Lake Buffer Rules as administered by DWR. Potential impacts to stream buffers will be determined during final design; impacts will require a 42

61 Riparian Buffer Certification. No jurisdictional streams or buffer areas were identified in the Gordon Thomas Drive sub-project area, thus Neuse Buffer Rules do not apply Rivers and Harbors Act Section 10 Navigable Waters There are no Traditionally Navigable Waters, as defined under Section 10 of the Rivers and Harbors Act, in the sub-project areas Wetland and Stream Mitigation The NCDOT will attempt to avoid and minimize impacts to streams and wetlands to the greatest extent practicable during final design. If required, the NCDOT may investigate potential on-site stream mitigation opportunities once a final design has been completed for the Preferred Alternative. If on-site mitigation is not feasible, mitigation may be provided by North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program (EEP). In accordance with the July 22, 2003 Memorandum of Agreement (MOA) among the NCDOT and the U.S. Army Corps of Engineers, Wilmington District the EEP, administered through the NC Department of Natural Resources (NCDENR), will be requested to provide off-site mitigation to satisfy the federal Clean Water Act compensatory mitigation requirements Floodplains and Hydraulic Structures Orange County participates in the National Flood Insurance Program (NFIP), which is administered by the Federal Emergency Management Agency (FEMA) Division of the US Department of Homeland Security. The NFIP requires communities that participate in its NFIP adopt and enforce a Flood Damage Prevention Ordinance for their Community to mitigate future damages due to flooding. There are no floodplains within the Gordon Thomas Drive or Byrdsville Road sub-project areas. There are no stream crossings or drainage swales within the proposed area of disturbance for the Gordon Thomas Drive alignment and there is no FEMA involvement required. According to NFIP data an area between Greenbriar Drive and Spruce Pine Trail (along the proposed alignment) is within the backwater effects of Rhodes Creek 100 year floodplain (see Figure 9). An Unnamed Tributary to Rhodes Creek crosses the proposed alignment for Greenbriar Drive. The total drainage area to this point is 771 acres. The proposed roadway alignment does not cross a FEMA regulated stream and has been determined to be located only within the backwater effects of Rhodes Creek. Since the alignment is not located within the effective flow area of Rhodes Creek, FEMA map revisions are not anticipated. Based on preliminary analysis, the recommended structure for this crossing is a 12-foot by 8-foot reinforced concrete box culvert. The crossing is located in a FEMA Zone AE, therefore FEMA coordination will be required for this crossing. There are no other stream crossings or drainage swales on the proposed Greenbriar Drive alignment that would require a pipe 48-inch or larger. Stony Creek crosses the proposed Byrdsville Road alignment. The total drainage area to this point is 460 acres / 0.7 square miles. There is an existing 48 inch concrete pipe at this location. The recommended structure for this crossing is a 12-foot by 7-foot reinforced concrete box culvert. 43

62 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION TIP Project Nos. P-4405I, J, & K Orange County Environmental Assessment Figure 9 - Floodplain Areas Interstate To Hillsborough Old NC 10 Byrdsville Road (P-4405K) 70 Pleasant Green Road Road Railroad Streams and Creeks Water Bodies 100-Year Floodplain Eno River Year Floodplain Duke Forest NC Railroad/Norfolk Southern Railway Private Railroad Crossing To Durham New Hope Church Road Stony Creek Station University Road Rhodes Murphey Old NC 10 Greenbriar Drive (P-4405J) Creek School Mt. Herman Church Road Road Friendship School Road West Cornwallis Gordon Thomas Drive Paschall Drive Gordon Thomas Drive (P-4405I) Greenbriar Drive Coach Mountain Road Road Duke Forest Map Sources: Orange County North Carolina Department of Transportation Florence & Hutcheson Burlington Alamance County Asheville Caswell County Orange County Hillsborough Chapel Hill Chatham County Winston-Salem Charlotte Person County Greensboro Durham County Durham Raleigh Fayetteville Wilmington North Carolina Counties Mile Orange County

63 There are no other stream crossings or drainage swales on the proposed Byrdsville Road that would require a pipe 48 inches or larger. There is no FEMA involvement required for the proposed Byrdsville Road alignment. During final design, a detailed hydrologic and hydraulic analysis will be performed for each crossing location to determine the actual size and configuration of each structure. The NCDOT Hydraulics Unit will coordinate with the North Carolina Floodplain Mapping Program (NCFMP), to determine the applicability of FEMA map revisions Archaeology and Historic Architecture Section 106 of the National Historic Preservation Act (Section 106) 20 requires federal agencies to consider the effects of their undertakings on historic properties and to allow the Advisory Council on Historic Preservation (ACHP) an opportunity to comment on the proposed action. Historic properties protected under Section 106 include prehistoric [archaeological] or historic districts, sites, buildings, structures, or objects included in or eligible for inclusion in the National Register of Historic Places (NRHP). During preparation of this EA, NCDOT consulted with the North Carolina State Historic Preservation Office (SHPO). Based on the record search conducted by NCDOT and SHPO s October 2012 response, NCDOT and FRA have determined that no historic or archaeological resources protected by Section 106 would be affected by the Project. On May 1, 2015 FRA forwarded a letter to SHPO requesting concurrence with this determination. (See Appendix A for correspondence with the SHPO) Parks, Recreation, and Section 4(f) Section 4(f) of the Department of Transportation Act of 1966 stipulates that USDOT agencies cannot approve the use of publicly owned parks, recreational areas, wildlife and waterfowl refuges, or public and private historical sites unless the following conditions apply: There is no feasible and prudent alternative to the use of land. The action includes all possible planning to minimize harm to the property resulting from use. 21 As noted in Section 3.18, no historic or archaeological resources would be affected by the Project. Additionally there are no publicly-owned parks, recreational facilities or Section 4(f) properties within or adjacent to the sub-project areas; therefore, none of the sub-projects will result in Section 4(f) impacts. The only recreational resource in the sub-project areas is the privately-owned Duke Forest. According to the Duke Forest website: The Duke Forest is private land owned and managed by Duke University as an outdoor laboratory. Limited public recreation is permitted in the Duke Forest as long as it does not conflict with teaching and research projects. Permissible activities include hiking, biking, and horseback riding on the established roads, as well as fishing and picnicking. Group activities must be approved in advance. 22 According to Duke Forest officials, the acquisition of small amounts of land along the edge of the forest for new access roads associated with the Preferred Alternative would not impact recreational uses CFR Part Federal Highway Administration (FHWA). Section 4(f) Program Overview

64 3.20 Hazardous Materials and Underground Storage Tanks A hazardous materials inventory was performed to identify potential sources of toxic or hazardous materials and known sites involved with the usage, storage, transport or disposal of such materials. This included a file search of records from appropriate environmental agencies. Based on the file review, there were no hazardous material handlers or properties with underground storage tanks (USTs), including leaking underground storage tanks (LUSTs), identified within 2,000 feet of the proposed closures or new roadway alignments. No hazardous material impacts are anticipated Mineral Resources There are no mineral production operations within the Project study area. Therefore, the proposed Project will not result in any impacts to mining or mineral resources Energy Although the consumption of energy will be required to construct the proposed roadway improvements, both the railroad and the highway system will operate with greater efficiency upon its completion. The more efficient operation will provide savings in demand for energy resources for many years Visual Resources All sub-project areas are comprised of low-density (single-family, rural residential, and mobile homes) residential development interspersed with forested and undeveloped tracts of land. The areas have highquality, attractive natural vistas surrounded by mature trees. The proposed Project consists of the closure of three rail crossings and construction of three access roads over very short distances. The closure of the crossings would consist of the removal of pavement and crossing control devices. These actions would not introduce new visual elements to the environment and therefore would not result in adverse impacts to sub-project area aesthetics. The proposed new roadways will travel very short distances and will be largely shielded by forested property for most residents. These roadways will present a small change in the current view, but are not expected to be obtrusive or have an unappealing appearance Utilities Due to the developed character of the sub-project study areas a number of utilities are present. Public water, private water, septic sewer lines, underground telephone and cable, and overhead power lines are present within the likely areas of disturbance for improvements. The proposed Project will require the relocation of existing underground and overhead utilities with short-term interruptions to service during construction; however overall impacts to public utilities are anticipated to be low. NCDOT s Utilities Coordination Unit will coordinate directly with the owners of the impacted utilities in the sub-project area to minimize impacts. 46

65 3.25 Construction Impacts Construction activities associated with the proposed Project may cause temporary impacts to the local environment. Short-term impacts to adjacent land uses during construction may occur due to the movement of workers and material through the area and construction activities. Construction noise and dust, as well as temporary disruption of traffic flow on local roads, may also affect residences in the vicinity of the Project. Coordination between NCDOT and area landowners and local businesses regarding construction scheduling and access to the construction site would minimize any such disruptions. The timeframe for individual or specific construction impacts to dissipate varies with the type of activity performed and resource impacted; most construction impacts cease immediately after the activity in an area is completed. Some specific construction impacts cannot be estimated at this time because they depend on several factors that are determined either during final design or by the contractor before or during construction: location for staging and stockpiling equipment and materials, the timing and sequencing of construction, specific construction methods and materials and equipment to use, and areas for the disposal of debris and excess earth material. NCDOT will ensure the proper implementation and maintenance of control measures (e.g., traffic control, dust/ erosion and sedimentation controls, properly fitted emission control devices and mufflers, etc.) to minimize the temporary impacts. Construction activities would follow federal, state, and local statutes, regulations and ordinances and the proper permits would be obtained and followed. These impacts, generally short-term in nature, can be controlled, minimized, or mitigated through conformance with BMPs for Construction and Maintenance Activities and standard NCDOT procedures. Since the proposed Project is the closure of three railway crossings on an existing roadbed, it is not expected to generate large quantities of solid waste. However, the construction contractor shall be required to comply with all laws, ordinances, regulations, orders and decrees regarding the disposal of solid waste. Solid waste will not be placed into any existing land disposal site that is in violation of state rules and regulations. Debris, including vegetation from land clearing, materials from demolition, and construction waste will be disposed of in accordance with applicable pollution and solid waste regulations Indirect and Cumulative Impacts According to the CEQ, cumulative impacts represent the "impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions, regardless of what agency (Federal or Non-federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time." 23 In accordance with the CEQ guidelines, this EA was prepared to consider the overall cumulative impacts of the proposed action and the consequences of related actions. This EA was prepared to meet the above mentioned requirements regarding cumulative impacts. This study CFR

66 considered, to the extent reasonable and practical, the possible impacts of the proposed action and other developments that are related in terms of time and proximity. Indirect impacts are those impacts that, as a result of events such as these proposed transportation improvements, occur over a longer period of time and can take place away from the immediate subproject area. Indirect impacts are those expenditures or investments not directly resulting from the Project, but derived primarily from the increased mobility provided by the Project. Induced socioeconomic impacts are additional economic activity within the region resulting from the proposed action. Induced or secondary economic activity is the result of additional industries providing goods and services to supply those industries primarily related to the Project. This indirect and cumulative effects (ICE) summary utilized the final pre-screening guidance contained in Guidance for Assessing Indirect and Cumulative Impacts of Transportation Projects in North Carolina 24 [1] and Cumulative Impacts and the 401 Water Quality Certification and Isolated Wetland Permit Programs, Version 2.1. Based on this the pre-screening criteria, NCDOT and FRA determined indirect and cumulative impacts are not likely to be created by the proposed crossing closure projects. The major factors contributing to this conclusion are: The limited scope of the Project. The three private railroad crossing closures will not induce growth nor affect overall water quality. The proposed actions will not give new development exposure to properties. There are no indications that they will cause a change in land use, and they are not likely to influence development. There has been little development activity to put a strain on the infrastructure or natural environment, and according to local officials there are no transportation, infrastructure, or private development projects currently under construction or planned for the foreseeable future. There are no natural resources in the area fragile enough to be significantly affected by these proposed actions. The recent development trend and any transportation projects associated with the development may have resulted in impacts on water quality and other natural resources. The addition of these actions to the current development trend will not increase those impacts significantly when compared to the impacts of other past, present, and future actions. Future development is expected to occur, but these actions will not facilitate intense development, and they will not contribute to the further degradation of the infrastructure or natural environment. 4.0 SUMMARY OF IMPACTS The NCDOT and the FRA are proposing to close three private at-grade crossings of the NCRR H-Line at Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road in Orange County (see Figure 1). With the closure of these three crossings, new access will be provided for nearby residences and one business. The purpose of the proposed crossing closures is to provide safety improvements in the local area and along the Raleigh to Charlotte Piedmont Corridor. The proposed improvements are part of the NCDOT PIP, which is a larger effort to increase capacity and improve operations along the Piedmont Corridor between 24 North Carolina Department of Environment and Natural Resources Revised January 14,

67 the cities of Charlotte and Raleigh. This section of the Piedmont Corridor is also part of the SEHSR running from Washington, DC through Richmond, VA, Raleigh, Greensboro, and on to Charlotte, NC. Right-of-way will be required for construction of the proposed new roadways associated with each crossing closure. NCDOT does not anticipate that the Project will result in relocations. For all right-ofway acquisition during final design mitigation would be conducted in accordance with federal and state regulations. There will be no community/neighborhood cohesion or stability impacts associated with this Project. No negative impacts are anticipated to the economic resources in the sub-project area. The proposed Project is not in conflict with local land use plans, and it is not expected to alter land uses in or near the subproject area. Future development is expected to occur, but this Project will not facilitate intense development, and it will not contribute to the further degradation of the infrastructure or natural environment. The cumulative impact of the foreseeable future actions is considered positive from a regional standpoint. Future development will improve the safety and efficiency of the transportation system and enhance the potential for economic growth in the region. The Project is not controversial from an environmental standpoint. No substantial impacts to natural, ecological, cultural, social, economic, or aesthetic resources are expected. The proposed Greenbriar Drive alignment crosses an unnamed tributary that is not a Federal Emergency Management Agency (FEMA) regulated stream. Although it is within the backwater effects of the Rhodes Creek FEMA regulated channel, the Project does not affect the floodway elevations, and FEMA map revisions are not anticipated. The NCDOT Hydraulics Unit will coordinate with the NC Floodplain Mapping Program (FMP), to determine the extent of anticipated impacts and mitigation measures to address impacts. No designated anadromous fish waters or Primary Nursery Areas are present in the study area. No designated High Quality Waters (HQW), Outstanding Resource Waters (ORW), or water supply watersheds (WS-I or WS-II) are located within one mile downstream of the study area. The North Carolina 2010 Final 303(d) list of impaired waters identifies all named streams within the study area as impaired. Mesic mixed hardwood forest and piedmont bottomland forest, and piedmont headwater stream forest, terrestrial communities lie within the Preferred Alternative roadway alignments. Based on an estimated limit of disturbance a total of 5.1 acres of mesic mixed hardwood forest, 1.1 acres of piedmont bottomland forest, 0.3 acres of piedmont headwater stream forest, 13.5 acres of maintained/disturbed land would occur under the Preferred Alternative. Impacts to jurisdictional wetlands are expected to be 0.2 acre under the Greenbriar Drive alignment. Stream impacts are estimated to be linear feet in the Byrdsville Road sub-project area and feet under the Greenbriar Drive sub-project. North Carolina River Buffer rules apply to Project-area stream impacts. These rules apply to impacts within 50-foot wide riparian buffers directly adjacent to surface waters in the Neuse and Falls Lake River Basins. Four federally protected or endangered species are listed for Orange County Red-cockaded woodpecker, the Dwarf-wedge mussel, Michaux s sumac, and the Smooth coneflower. Systematic surveys for the 49

68 plant and animal species were performed for this EA. Results of these surveys revealed suitable habitat for Michaux s sumac; marginally suitable habitat for the Smooth coneflower; and suitable habitat for the Dwarf-wedge mussel near (but not within) the Byrdsville sub-project area. No impacts on Michaux s sumac or the Smooth coneflower are anticipated. NCDOT and FRA have determined that Project actions May Affect but are Not Likely to Adversely Affect the Dwarf-wedge mussel. The USFWS provided concurrence with this finding on September 12, On the basis of the above discussion, it is concluded that no significant adverse environmental impacts will result from implementation of the Project. 5.0 COMMENTS AND COORDINATION 5.1 Agency Comments Letters requesting comments and environmental input were sent to the following agencies (a copy of this letter is in Appendix A): Asterisks (*) indicates agencies from which written comments were received. US Environmental Protection Agency US Army Corps of Engineers US Fish & Wildlife Service *NC Wildlife Resources Commission *NC Department of Cultural Resources NC House of Representatives *NC Department of Environment and Natural Resources *Duke University (Duke Forest) *NC Division of Water Quality Orange County Board of Commissioners Orange County Manager Orange County Emergency Services Orange County Sheriff Orange County Emergency Services *Orange County Department of Planning Triangle J Council of Governments Orange County Department of Environment, Agriculture, Parks and Recreation Mayor of Hillsborough Town Manager, Town of Hillsborough Hillsborough Public Works Director Hillsborough Planning Department Orange County Schools Norfolk Southern Corporation North Carolina Railroad Company 5.2 Public Meeting Comments Public involvement is an important component of the Project development process. Two Citizens Information Workshops (CIWs) and two Public Meetings were conducted on the following dates: January 7, 2013; January 14, 2013; September 12, 2013 and December 5, Summaries of the 50

69 meetings are provided below. The following subject areas were the most frequent topics discussed. Additional details regarding all topics of discussion are presented in Appendix B Citizens Informational Workshop - January 7, 2013 The first CIW was held between 5:00 p.m. 7:00 p.m. on January 7, 2013, at the Shared Visions Retreat Center, 3717 Murphey School Road, Durham. The purpose of the CIW was to introduce the proposed Gordon Thomas Drive and Greenbriar Drive improvements to residents and local officials. The Project team received comments and discussed issues to be considered during the Project development process. Approximately 30 residents and local officials attended the meeting. A Spanish-speaking interpreter was provided at the meeting. Gordon Thomas Drive Sub-Project Area Residents along Paschall Drive expressed concerns about increased through traffic and pedestrians using Paschall Drive to access Duke Forest. Residents believed the introduction of additional vehicles could endanger people/pedestrians and animals. Residents also asked whether additional right-of-way will be purchased for the proposed roadway extension. Residents along Gordon Thomas Drive wanted assurances that public access to Old NC 10 via Murphy School Road will be provided. Greenbriar Drive Sub-Project Area Residents of the Greenbriar Drive sub-project area asked where mailboxes will be located under the proposed Project. Residents also asked whether Greenbriar Drive would be placed on the NCDOT roadway system and maintained by NCDOT. Representatives of Orange County s Planning and Inspections Department asked that the eventual project design be consistent with County land use plans Citizens Informational Workshop January 14, 2013 The second CIW was held between 5:00 p.m. 7:00 p.m. on January 14, 2013, at the Shared Visions Retreat Center, 3717 Murphey School Road, Durham. The purpose of the meeting was to introduce the proposed Byrdsville Road improvements to residents and local officials and to receive comments on the alternatives and issues to be considered during the Project development process. Approximately 20 residents and local officials attended the meeting. Spanish language meeting announcements were posted and distributed within Byrdsville Mobile Home Park and a Spanish-speaking interpreter was present at the meeting. Property owners on the north side of Byrdsville Mobile Home Park expressed concerns about having primary access through the mobile home park and the potential for decreased property values. Several property owners believed the proposed changes will have many negative logistic, legal, and financial ramifications. These residents also said they do not have a legal easement to the through the Mobile Home Park. The owner of the Byrdsville Mobile Home Park expressed concern about the restructuring of lot lines due to easements and the potential loss of rental incomes. Residents also asked whether their mailbox kiosk would be moved. 51

70 5.2.3 Public Meeting September 12, 2013 A Public Meeting was held between 5:00 p.m. 7:00 p.m. on September 12, 2013, at the Shared Visions Retreat Center, 3717 Murphey School Road in Durham. The purpose of the meeting was to present the public with the most recent preliminary design for the Gordon Thomas Drive and Greenbriar Drive subprojects and to receive comments to be considered during the Project development process. Approximately 14 residents and local officials attended the meeting. Two residents submitted comment sheets at the meeting and two other residents mailed in comments following the meeting. Duke Forest and Orange County representatives also submitted comments. Gordon Thomas Drive Property owners adjacent to the proposed new cul-de-sac asked NCDOT representatives to consider relocating the cul-de-sac to reduce property impacts Public Meeting December 5, 2013 A Public Meeting was held between 5:00 p.m. 7:00 p.m. on December 5, 2013, at the Shared Visions Retreat Center, 3717 Murphey School Road in Durham. The purpose of the meeting was to present the public with the most recent preliminary design for the Byrdsville Road crossing closure and to receive comments to be considered during the Project development process. Approximately 30 residents and local officials attended the meeting. A Spanish-speaking interpreter was provided at the meeting. Four participants submitted Title VI Public Involvement Forms, and one participant submitted a comment sheet. Duke Forest and Orange County also submitted comments. Residents of the Byrdsville Road Mobile Home Park said the crossing closure is good for the residents since it would remove the danger posed by crossing the NCRR/NS rail line. Duke Forest representatives support this alternative since the new roadway design will significantly decrease the impact to Duke Forest compared to previous designs. A representative from the Orange County Planning and Inspections Department commented on the need for design standards that meet requirements for emergency vehicles, school buses, and turning movements. The representative also commented that street lighting would enhance safety and that impacts to Piedmont Electric s detention pond would require its restoration or reconstruction. 5.3 Stakeholder Meetings A series of meetings were held with stakeholders during the project development process. Summaries of those meetings are provided below while additional meeting details are provided in Appendix A Orange County Coordination Meeting March 27, 2013 A meeting was held on March 15, 2013 at the office of ICA Engineering, Inc. in Raleigh to discuss the PCSI crossing closure projects at Gordon Thomas Drive (P-4405I), Greenbriar Drive (P-4405J), and Byrdsville Road (P-4405K) in Orange County. The group discussed the potential impacts to private drives and public roads in the sub-project areas, NCDOT design standards, and Orange County s development restrictions on double frontage lots. The anticipated project schedule was also discussed. 52

71 5.3.2 Duke Forest Coordination Meeting July 9, 2013 A meeting was held on July 9, 2013 at the Duke Forest Conference Room to discuss the PCSI crossing closure projects at Gordon Thomas Drive (P-4405I) and Byrdsville Road (P-4405K) in Orange County. During this meeting the group discussed previous flooding incidents that have occurred along Walter Clark Drive. Duke Forest representatives stated the Forest does not want to provide potential additional unofficial access points to the property via the introduction of a new roadway. The avoidance of streams that feed into Stony Creek should be a priority because they are high quality. There is also a concern about adverse impacts to these streams and a watershed within Duke Forest Orange County Coordination Meeting August 8, 2013 A meeting was held on August 8, 2013 at the Orange County Planning and Inspections Conference Room to discuss the PCSI crossing closure projects at Gordon Thomas Drive, Greenbriar Drive (P-4405J), and Byrdsville Road (P-4405K) in Orange County. During this meeting the group discussed Orange County restrictions on private roads, preliminary designs for Paschall Drive, the inclusion of Greenbriar Drive on the state roadway system, requirements for naming the street that will remain on the southern portion of Greenbriar Drive, alternative alignments for the Byrdsville Road extension, and the project schedule Piedmont Electric Coordination Meeting August 30, 2013 A meeting was held on August 30, 2013 at the Offices of Piedmont Electric on NC 86 in Durham County to discuss the PCSI crossing closure Project at Byrdsville Road (P-4405K) in Orange County. The purpose of this meeting was to discuss an alignment option that would travel from existing Byrdsville Road, cross Walter Clark Drive, cross property owned by Piedmont Electric to access NC 86. No drawings for this alignment were developed. Company representatives stated they would not favor this alignment due to its encroachment on Company property. They felt this encroachment would interfere with operations particularly during storm emergencies when as many as 100 repair vehicles may gather at the site. Company representatives said they would follow-up with a formal letter to NCDOT stating their preferences (see correspondence in Appendix A). 53

72 6.0 REFERENCES Buchanan, M.F., J.T. Finnegan Natural Heritage Program List of the Rare Plant Species of North Carolina. North Carolina Natural Heritage Program. Office of Natural Resource Planning and Conservation. N.C. Department of Environment and Natural Resources. Raleigh, NC Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. U.S. Government Printing Office, Washington, DC City of Durham, Durham Comprehensive Plan, February 28, 2005 Council on Environmental Quality, Environmental Justice, Guidance Under the National Environmental Policy Act, Executive Office of the President, December 10, 1997 Durham-Chapel Hill-Carrboro Metropolitan Planning Organization, Long Range Transportation Plan (LRTP) 2035, May 2009 Employment Security Commission of North Carolina web site, Environmental Laboratory Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station. Vicksburg, Mississippi. Federal Highway Administration, North Carolina Division. Air Quality Guidelines for Environmental Documents, February LeGrand Jr., H.E., J.T. Finnegan, S. E. McRae, S. P. Hall Natural Heritage Program List of the Rare Animal Species of North Carolina. North Carolina Natural Heritage Program. Raleigh. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison III Amphibians and Reptiles of the Carolinas and Virginia. Chapel Hill: The University of North Carolina Press. National Geographic Field Guide to the Birds of North America. 3rd ed.washington, DC National Geographic Society. NC One Map web site, NCDOT Rail Division web site, National Cooperative Highway Research Program, Guidebook for Assessing the Social and Economic Effects of Transportation Projects, NCHRP Report 456, Washington, DC, 2001 North Carolina Department of Commerce web site, 54

73 North Carolina Department of Environment and Natural Resources (DENR), Water Supply Watersheds, available from North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management A Field Guide to North Carolina Wetlands Report No EPA 904/B- 94/001. North Carolina Department of Environment and Natural Resource, Division of Water Quality Internal Guidance Manual - N.C. Division of Water Quality Stream Classification Method. North Carolina Department of Environment and Natural Resources, Division of Water Quality. 2003a. Point Source Discharges to the Surface Waters. 15A NCAC 02H North Carolina Department of Environment and Natural Resources, Division of Water Quality. 2003b. Surfacewaters and Wetland Standards. 15 NCAC 02B & North Carolina Department of Environment and Natural Resources, Division of Water Quality. Water Quality Assessment and Impaired Waters List (2004 Integrated 305(b) and 303(d) Report). North Carolina Department of Environment and Natural Resources, Division of Water Quality Basinwide Information Management System: Water Body Reports. North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities. North Carolina Department of Transportation Best Management Practices for Protection of Surface Waters. North Carolina Department of Transportation, Division of Bicycle and Pedestrian Transportation web site, North Carolina Department of Transportation Private Crossing Safety Initiative Crossing Evaluations and Recommendations. North Carolina Department of Transportation Invasive Exotic Plants of North Carolina. Unpublished. North Carolina Department of Transportation Private Crossing Safety Initiative Crossing Evaluations and Recommendations: Supplemental Report. North Carolina Natural Heritage Program Guide to Federally Listed Endangered and Threatened Species of North Carolina. Raleigh, NC. 134 pp. 55

74 North Carolina Office of State Budget and Management web site, Orange County 2030 Comprehensive Plan, November 18, 2008 Orange County, Eno Economic Development District (EDD) Area Small Area Plan, June 24, 2008 Orange County, Stoney Creek Basin Small Area Plan, August 5, 1996 Orange County, Unified Development Ordinance, April 5, 2011 Orange County s web site, accessed December 2012 Radford, A.E., H.E. Ahles, and C.R. Bell Manual of the Vascular Flora of the Carolinas. Chapel Hill: University of North Carolina Press pp. Rhode, F.C., R.G. Arndt, D.G. Lindquist, and J.F. Parnell Freshwater Fishes of the Carolinas, Virginia, Maryland, and Delaware. Chapel Hill: University of North Carolina Press. 222 pp. Schafale, M.P. and A.S. Weakley Guide to the Natural Communities of North Carolina: Fourth Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment and Natural Resources. Raleigh, NC. 217 pp. Town of Hillsborough, Hillsborough-Orange County Strategic Growth Plan, December 2006 US Census Bureau, 2000 and 2010 Census; American Community Survey. US Department of Transportation, Federal Highway Administration, Community Impact Assessment: A Quick Reference for Transportation, Washington DC, 1996, Publication No. FHWA-PD USDA, NRCS Field Indicators of Hydric Soils in the United States, Version 7.0. L.M. Vasilas, G.W Hurt, and C.V. Noble (eds.) USDA, NRCS in cooperation with the National Technical Committee for Hydric Soils. U.S. Army Corps of Engineers Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0, ed. J.F. Berkowitz, J.S. Wakeley, R.W. Lichvar, C.V. Noble. ERDC/EL TR Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Fish and Wildlife Service Small Whorled Pogonia (Isotria medeoloides) Recovery Plan, First Revision. Newton Corner, Massachusetts. 75 pp. U.S. Fish and Wildlife Service Optimal Survey Windows for North Carolina s Federally Threatened and Endangered Plant Species. es/plant/plant_survey.html (Accessed December 16, 2010). 56

75 Weakley, Alan S. (Working Draft of 15 May 2011). Flora of the Carolinas, Virginia, Georgia, northern Florida, and surrounding areas. University of North Carolina Herbarium, North Carolina Botanical Garden. Chapel Hill, NC. 924 pp. Webster, W.D., J.F. Parnell, and W.C. Biggs Mammals of the Carolinas, Virginia, and Maryland. Chapel Hill, University of North Carolina Press. 255 pp. 7.0 LIST OF PREPARERS This report was prepared by: North Carolina Department of Transportation James F. Bridges, Jr., P.E., CPM ICA Engineering, Inc. Mark Reep, PE, Project Manager William Kerr, AICP, Senior Environmental Planner Clay Oliver, PE, Environmental Planner Catena Group Chris Sheats, Environmental Biologist John Roberts, LSS, Licensed Soil Scientist 57

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79 Beverly Eaves Perdue, Governor Linda A. Carlisle, Secretary Jeffrey J. Crow, Deputy Secretary North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Office of Archives and History Division of Historical Resources David Brook, Director October 12, 2012 MEMORANDUM TO: FROM: SUBJECT: Mark Hamel Rail Division NC Department of Transportation Ramona M. Bartos Proposed Private Crossing Closures with the North Carolina Railroad, Norfolk Southern Railway at Gordon Thomas Drive, P-4405I; Greenbriar Drive, P-4405J; and Byrdsville Road, P-4405K, Orange County, ER Thank you for your letter of September 21, 2012, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the undertaking as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at In all future communication concerning this project, please cite the above referenced tracking number. cc: Mary Pope Furr, NCDOT Matt Wilkerson, NCDOT Location: 109 East Jones Street, Raleigh NC Mailing Address: 4617 Mail Service Center, Raleigh NC Telephone/Fax: (919) /

80 Beverly Eaves Perdue Governor STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION September 21, 2012 Eugene A. Conti, Jr. Secretary Ms. Renee Gledhill-Earley NCDCR-SHPO 4617 MSC Raleigh, NC Dear Ms. Gledhill-Earley: Subject: Proposed Private Crossing Closures with the North Carolina Railroad (NCRR)/Norfolk Southern (NS) Railway at Gordon Thomas Drive (TIP No. P-4405I), Greenbriar Drive (TIP No. P-4405J), and Byrdsville Road (TIP No. P-4405K) in Orange County The North Carolina Department of Transportation (NCDOT) proposes to close private North Carolina Railroad (NCRR)/Norfolk Southern (NS) Railway crossings at Gordon Thomas Drive, Greenbriar Drive and Byrdsville Road in Orange County (see Figure 1 for project location). These rail crossings were identified in NCDOT s Private Crossing Safety Initiative (PCSI) report completed in October 2003 and updated in December This initiative proposes safety improvements along the Raleigh to Charlotte Sealed Corridor that close private crossings where feasible and protect the remaining open private crossings with crossbucks, automatic flashers and gates, signals and/or locking gates. This track is part of the Southeast High Speed Rail corridor (SEHSR), which when complete, will provide high speed passenger rail service between Washington, DC and Charlotte, NC. We would appreciate any information you have that would be helpful in evaluating potential community and environmental impacts for this project. If applicable, please identify any permits and/or approvals required by your agency Please note that there will be no formal interagency scoping meeting for this project. This letter constitutes solicitation for scoping comments related to the project. It is desirable that you respond by November 7, 2012, so that your comments can be used in the preparation of a proposed federally-funded Environmental Assessment (EA) in accordance with the National Environmental Policy Act. MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION RAIL DIVISION 1553 MAIL SERVICE CENTER RALEIGH NC TELEPHONE: FAX: WEBSITE: LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC

81 The following describes the general features of the study area, as well as anticipated environmental impacts. Proposed Improvements Crossing # Y/MP H 48.49/ Gordon Thomas Drive (P-4405I). This crossing provides access to Old NC 10 (SR 1710) for six properties located south of the NCRR. The crossing occurs in an area where NS operates one mainline track and a passing siding. While the track section is straight at this location, it quickly enters a curved section both east and west of the crossing. The sight distance for train crews on either approach to the crossing is limited by heavy foliage on both sides of the track. The crossing is vertically humped and is protected by crossbucks. Much of the property surrounding the six parcels is owned by Duke University and is part of their School of Forestry. Alternative access to these properties will be considered using Paschall Drive west of Gordon Thomas Drive (see Figure 2). From there, drivers will be able to access Old NC 10 via Dove Creek Road (SR 1715) or Murphy School Road (SR1714). Crossing # F/MP H 47.62/ Greenbriar Drive (P-4405J). This crossing serves eight residential parcels located north of the railroad and provides access to Old NC 10 (SR 1710). The crossing is located along a straight section of track. There is heavy foliage on all four approaches to the crossing. The roadway approaches are gravel, and the southbound approach is slightly humped. The crossing is protected by crossbucks. The railroad overpasses Old NC 10 approximately 550 feet east of the crossing. The Greenbrier subdivision abuts the Whispering Pines subdivision immediately to the east which has direct access to Old NC 10 without crossing the railroad. Alternative access will be considered parallel to the track to connect Greenbrier Drive to Spruce Pine Trail in the Whispering Pines subdivision. A new roadway will be studied in two locations (see Figure 2). One will be from Greenbriar Drive approximately 400 feet north of the railroad crossing to Spruce Pine Trail approximately 450 feet north of Old NC 10. The other will be from the northern end of Greenbriar Drive to Spruce Pine Trail where Spruce Pine Trail turns to the east. Crossing # T/MP H 43.89/Byrdsville Road (P-4405K). This crossing serves a large subdivision of permanent and mobile homes. The crossing is protected by automatic warning devices. The approach roadway is paved and is approximately 16 feet wide. The westbound approach is curved. The crossing is slightly humped and there is heavy foliage on three of the four approaches. Approximately 70 homes are served by this crossing. Residential areas south of Byrdsville Road are surrounded on three sides by Duke University property (Duke Forest) which will most likely remain undeveloped. Alternatives will be considered for Byrdsville Road to have access to NC 86 to the west. A new roadway is proposed to connect Byrdsville Road to Walter Clark Drive (see Figure 3). From there, drivers can follow Walter Clark Drive north to NC 86. Driveway improvements will also be considered in two locations to maintain connectivity to residential areas north of Byrdsville Road. 2

82 Water Resources All three project study areas fall within the Neuse River Basin (USGS Hydrologic Unit ) (DWQ Subbasin ). However, the Gordon Thomas Drive study area is adjacent to the Cape Fear River Basin. The Gordon Thomas Drive and Greenbriar Drive study areas are within the Eno River Water Supply Watershed. The Byrdsville Road study area is not in a water supply watershed. Based on a review of the USGS topographic map and the National Wetland Inventory (NWI) mapping inventory, an unnamed tributary (UT) to Rhodes Creek flows adjacent to the Gordon Thomas Drive study area and through the Greenbriar Drive study area. Stony Creek is adjacent to the Byrdsville Road crossing, and a NWI wetland is partially within the study area. A full natural resources investigation will be conducted for the project to determine if there are any impacts to natural resources including jurisdictional waters. Federally Protected Species Five (5) federally protected species are listed for Orange County according to the September 22, 2010 US Fish and Wildlife Service species list. The currently listed species include the following: Common Name Scientific Name Status* Bald eagle Haliaeetus leucocephalus BGPA* Red-cockaded woodpecker Picoides borealis Endangered Dwarf wedgemussel Alasmidonta heterodon Endangered Michaux s sumac Rhus michauxii Endangered Smooth coneflower Echinacea laevigata Endangered *FSC = Federal Species of Concern; BGPA = Bald and Golden Eagle Protection Act. A natural resources investigation will be conducted to determine if any endangered or threatened species are in the project study area. Historic Architectural and Archaeological Resources A preliminary database search shows one property listed on the National Register of Historic Places near the study areas. The Murphy School, on the southwest corner of Old NC 10 and Murphy School Road (SR 1714), is within 0.3 mile of the Greenbriar Drive crossing but is not within the study area limits. NCDOT will conduct appropriate studies to determine if the project will have an effect on historic or archaeological resources. 3

83 Thank you for assisting us in this study. If further information regarding the proposed action or the environmental analysis process is required, please contact me by phone at (919) or by at Sincerely, MH/mlr Attachments Marc L. Hamel, Rail Environmental Manager NCDOT Rail Division Environmental and Planning Branch 4

84 Hillsborough Lawrence Road (SR 1709) BUS 70 NC Railroad / Byrdsville Road (P-4405K) Norfolk 85 Southern Eno River Gordon Thomas Drive (P-4405I) Figure 1 Pleasant Green Road(SR 1567) To Durham Stony Creek Railway New Hope Legend Project Crossing Interstate Major Road Road Railroad Streams and Creeks Water Bodies Municipal Boundary (SR 1723) ChurchRoad Old State Highway 10 (SR 1710) University (SR 1712) Road Station Murphy School Mt. Sinai Road (SR 1718) Greenbriar Drive (P-4405J) Road (SR 1716) 70 West Cornwallis Road (SR 1716) Miles Winston-Salem Asheville Charlotte North Carolina Counties Orange County Greensboro Raleigh Fayetteville Wilmington STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION Project Vicinity Map P-4405I, J, & K Private Crossing Safety Initiative Crossings at Gordon Thomas Drive, Greenbriar Drive, & Byrdsville Road Orange County

85 Old NC 10 (SR 1710) To Durham Norfolk Southern Railway Paschall Drive NC Railroad/ To Hillsborough Murphy School Road (SR 1714) Dove Creek Road (SR 1715) Spruce Pine Trail (SR 1846) Duke Forest Duke Forest Gordon Thomas Drive Greenbriar Drive Greenbriar Drive Crossing # F/MP H P-4405J Old NC 10 (SR 1710) Murphy School Gordon Thomas Drive Crossing # Y/MP H P-4405I UT to Rhodes Creek Rhodes Creek Coach Mountain Road (SR 1716) Legend Private Railroad Crossing Greenbriar Drive Study Area Gordon Thomas Drive Project Study Area Duke Forest Boundary Murphy School (Historic Property) Water Bodies Streams and Creeks Figure 2 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION Project Study Area Map Gordon Thomas Drive, P-4405I & Greenbriar Drive, P-4405J Private Crossing Safety Initiative Crossings at Gordon Thomas Drive, Greenbriar Drive, & Byrdsville Road Orange County ,000 Feet

86 Old NC 10 (SR 1710) Railway Workman Road (SR 1882) Luther Drive (SR 1883) Jaspers Lane (SR 1894) Lonnie Circle (SR 1893) Byrdsville Road To Durham NC Railroad/ Norfolk Southern To Hillsborough Walter Clark Drive 86 Duke Forest 85 Byrdsville Road Crossing # T/MP H P-4405K Stony Creek Legend Private Railroad Crossing Byrdsville Road Project Study Area Duke Forest Boundary Water Bodies Streams and Creeks Figure 3 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RAIL DIVISION Project Study Area Map Byrdsville Road, P-4405K Private Crossing Safety Initiative Crossings at Gordon Thomas Drive, Greenbriar Drive, & Byrdsville Road Orange County ,000 Feet

87 THE HONORABLE BERNADETTE PELISSIER, CHAIR, ORANGE CO. BD. OF COMMISSIONERS 4516 MYSTIC LANE HILLSBOROUGH, NC THE HONORABLE PAM HEMMINGER, VICE CHAIR ORANGE CO. BOARD OF COMMISSIONERS 407 SHARON ROAD CHAPEL HILL, NC THE HONORABLE VALERIE FOUSHEE ORANGE CO. COMMISSIONER 106 CLARIS CT. CHAPEL HILL, NC THE HONORABLE ALICE GORDON ORANGE CO. COMMISSIONER 282 EDGEWOOD DR. CHAPEL HILL, NC THE HONORABLE BARRY JACOBS ORANGE CO. COMMISSIONER 2105 MOOREFIELDS RD. HILLSBOROUGH, NC THE HONORABLE EARL MCKEE ORANGE CO. COMMISSIONER 5200 KIGER RD. ROUGEMONT, NC THE HONORABLE STEVE YUHASZ ORANGE CO. COMMISSIONER 1607 W. BROMFIELD DR. HILLSBOROUGH, NC MR. FRANK CLIFTON ORANGE COUNTY MANAGER 200 SOUTH CAMERON ST. LINK GOV T. SERVICES CENTER HILLSBOROUGH, NC FRANK MONTES DE OCA, DIRECTOR ORANGE CO. EMERGENCY SERVICES P.O. BOX 8181 HILLSBOROUGH, NC A. LINDY PENDERGRASS ORANGE COUNTY SHERIFF 106 EAST MARGARET LANE HILLSBOROUGH, NC DAVID STANCIL ORANGE CO. DEAPR 306-A REVERE RD. HILLSBOROUGH, NC CRAIG BENEDICT ORANGE CO. PLANNING DIRECTOR P. O. BOX 8181 HILLSBOROUGH, NC KIRBY BOWERS TRIANGLE J COG P.O. BOX RTP, NC THE HONORABLE TOM STEVENS MAYOR OF HILLSBOROUGH P.O. BOX 429 HILLSBOROUGH, NC ERIC PETERSON, TOWN MANAGER TOWN OF HILLSBOROUGH 101 E. ORANGE ST., TOWN HALL HILLSBOROUGH, NC KEN HINES PUBLIC WORKS DIRECTOR 101 E. ORANGE ST., TOWN HALL HILLSBOROUGH, NC MARGARET HAUTH, AICP PLANNING DIRECTOR TOWN OF HILLSBOROUGH 101 E. ORANGE ST., TOWN HALL HILLSBOROUGH, NC PATRICK RHODES, SUPERINTENDENT ORANGE COUNTY SCHOOLS 200 E. KING ST. HILLSBOROUGH, NC MICHAEL S. FOX, MEMBER NC BOARD OF TRANSPORTATION P. OFFICE 2888 GREENSBORO, NC THE HONORABLE ELEANOR KINNAIRD N.C. SENATE 750 WEAVER DAIRY RD. CHAPEL HILL, NC THE HONORABLE VERLA INSKO NC HOUSE OF REPRESENTATIVES 610 SURRY RD. CHAPEL HILL, NC THE HONORABLE JOE HACKNEY NC HOUSE OF REPRESENTATIVES 410 MARTIN LUTHER KING JR. BLVD. CHAPEL HILL, NC THE HONORABLE BILL FAISON NC HOUSE OF REPRESENTATIVES P. O. BOX DURHAM, NC LAUREN BLACKBURN, ACIP, DIRECTOR NCDOT BICYCLE & PEDESTRAIN 1552 MSC RALEIGH, NC MIKE BRUFF, PE, BRANCH MANAGER TRANSPORTATION PLANNING BRANCH 1554 MSC RALEIGH, NC JASON ORTHNER, PE NCDOT-RAIL DIVISION ENGINEERING & SAFETY BRANCH 1556 MSC RALEIGH, NC H. ALLAN PAUL, DIRECTOR NCDOT-RAIL DIVISION OPERATIONS & FACILITIES BRANCH 1553 MSC RALEIGH, NC STEVE HEAD NCDOT-RAIL DIVISION OPERATIONS & FACILITIES BRANCH 1553 MSC RALEIGH, NC JAMES B. HARRIS, PE NCDOT RAIL DIVISION ENVIR. & PLANNING BRANCH 1553 MSC RALEIGH, NC PAUL C. WORLEY, CPM, DIRECTOR NCDOT-RAIL DIVISION ENGINEERING & SAFETY BRANCH 1556 MSC RALEIGH, NC

88 MIKE MILLS, PE, DIVISION ENGINEER NCDOT-DIVISION 7 PO BOX GREENSBORO, NC JOHN WINKLE, PROGRAM MANAGER FEDERAL RAILROAD ADMINISTRATION 1200 NEW JERSEY AVE. S STOP 20 WASHINGTON, DC AMY SIMES NCDENR-TRANSPORTATION LIAISON 1601 MSC RALEIGH, NC ANDREW WILLIAMS USACE, RALEIGH OFFICE 3331 HERITAGE TRADE DR., SUITE 105 WAKE FOREST, NC PETE BENJAMIN, FIELD SUPERVISOR US FISH & WILDLIFE SERVICE PO BOX RALEIGH, NC CHRIS MILITSCHER EPA C/O FHWA 310 NEW BERN AVE., SUITE 410 RALEIGH, NC BRIAN WRENN DENR DIVISION OF WATER QUALITY 1650 MSC RALEIGH, NC MARLA CHAMBERS NC WILDLIFE RESOURCES COMMISSION 4614 WILGROVE-MINT HILL RD., SUITE M CHARLOTTE, NC POLLY LESPINASSE DENR DIVISION OF WATER QUALITY 610 E. CENTER ST. MOORESVILE, NC RENEE GLEDHILL-EARLEY NCDCR SHPO 4617 MSC RALEIGH, NC MATT PAYNE NORTH CAROLINA RAILROAD 2809 HIGHWOODS BLVD., SUITE 100 RALEIGH, NC TROY AKERS INDUSTRIAL DEVELOPMENT MGR. NORFOLK SOUTHERN CORPORATION 1500 CARSON ST. RALEIGH, NC DUKE UNIVERSITY OFFICE OF THE DUKE FOREST BOX DURHAM, NC MS. CRYSTAL BEST NC STATE CLEARINGHOUSE 1301 MSC RALEIGH, NC

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132 Kerr, Will From: Sent: To: Cc: Subject: Sara Childs Wednesday, June 19, :15 PM Reep, Mark; Kerr, Will; Judson Edeburn Duke Forest Response P-4405K - Proposed NCRR/NS Rail Crossing Closure at Byrdsville Road To Whom It May Concern: I am responding on behalf of Judson Edeburn and the Office of the Duke Forest in regards to the Byrdsville Road Crossing Closure alternative described in the June 5, 2013 letter from Ryan White, P.E. - NCDOT Rail Project Development Engineer. We do not support this alternative for several reasons. First, it more than doubles the linear impact along our boundary from approximately 980 feet to more than 2100 feet. If we factor in the right of way width then the scope of land disturbance is obviously even greater. Second, this area of the Duke Forest offers a partially secluded and undisturbed land base for several ongoing research projects and for ROTC training, thus playing a large role in our institutional mission to foster teaching and research. Third, the proposed alternative involves crossing two small streams/watersheds that feed into Stony Creek and could potentially affect water quality. Overall, this division of the Duke Forest, known as the Eno, is critical to our work, and so we seek to minimize any potential impacts from this rail crossing closure. Please feel free to contact me directly if you have any questions. My direct line is Thank you for the opportunity to comment. Sincerely, Sara Childs Sara DiBacco Childs Program Director Office of the Duke Forest Duke University Box Research Drive 416 North Building Durham, NC Office: Fax: dukeforestproject.wordpress.com 1

133 August 5, 2013 Ryan L. White, P.E. Rail Project Development Engineer NC Department of Transportation Rail Division 1553 MSC Raleigh, NC Dear Mr. White, I write to confirm the comments from Sara Childs of our office regarding the proposed closing of the rail crossing at Byrdsville Road (TIP No. P-4405K). These comments were made following our meeting with you and other DOT representatives on July 9, At that time an alternative was added to the original proposal which used Walter Clark Drive to connect to NC 86. We do not support the new alternative for several reasons. First, it more than doubles the linear impact along our boundary from approximately 980 feet to more than 2100 feet. If we factor in the right of way width then the scope of land disturbance is obviously even greater. Second, this area of the Duke Forest offers a partially secluded and undisturbed land base for several ongoing research projects and for ROTC training, thus playing a large role in our institutional mission to foster teaching and research. Third, the proposed alternative involves crossing two small streams/watersheds that feed into Stony Creek and could potentially affect water quality. Overall, this division of the Duke Forest, known as the Eno, is critical to our work, and so we seek to minimize any potential impacts from this rail crossing closure. Please do not hesitate to contact us if you have questions or need additional information. Sincerely Judson Edeburn Duke Forest Resource Manager Cc: Barry Jacobs, Chair, Orange County Commissioners Sara Childs Office of the Duke Forest Duke University Box Durham, NC t: f:

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136 APPENDIX B Public Involvement

137 B.1 COMMENTS AND COORDINATION B.1.1 Agency Comments Letters requesting comments and environmental input were sent to the following agencies (a copy of this letter is in Appendix A): Asterisks (*) indicates agencies from which written comments were received. US Environmental Protection Agency US Army Corps of Engineers US Fish & Wildlife Service *NC Wildlife Resources Commission *NC Department of Cultural Resources NC House of Representatives *NC Department of Environment and Natural Resources *Duke University (Duke Forest) *NC Division of Water Quality Orange County Board of Commissioners Orange County Manager Orange County Emergency Services Orange County Sheriff Orange County Emergency Services *Orange County Department of Planning Triangle J Council of Governments Orange County Department of Environment, Agriculture, Parks and Recreation Mayor of Hillsborough Town Manager, Town of Hillsborough Hillsborough Public Works Director Hillsborough Planning Department Orange County Schools Norfolk Southern Corporation North Carolina Railroad Company B.1.2 Public Involvement Public involvement is an important component of the Project development process. Two Citizens Information Workshops (CIWs) and two Public Meetings were conducted on the following dates: January 7, 2013; January 14, 2013; September 12, 2013 and December 5, Summaries of the meetings are provided below. See Appendix B for additional public involvement information. B Citizens Informational Workshop - January 7, 2013 The first CIW was held between 5:00 p.m. 7:00 p.m. on January 7, 2013, at the Shared Visions Retreat Center, 3717 Murphey School Road, Durham. The purpose of the CIW was to introduce the proposed Gordon Thomas Drive and Greenbriar Drive improvements to residents and local officials. The Project team received comments and discussed issues to be considered during the Project development process. Approximately 30 residents and local officials attended the meeting. A Spanish-speaking interpreter was 1

138 provided at the meeting. Below are responses to the common issues people communicated to the Project team during the first CIW. Comments have been grouped according by crossing closure area. Gordon Thomas Drive Area Comment: Increased traffic would propose a security issue. Residents along Paschall Drive are concerned with more traffic. There would be speeding which would endanger people/pedestrians and animals. Response: The proposed roadway extension would have a minimal increase in traffic along the roadway traffic (less than 100 cars per day) traveling at very low speeds (25 mph). It is not anticipated that this amount of traffic would increase danger to pedestrians and animals. Comment: Increased traffic on Paschall Drive would increase noise levels along the road. Response: The proposed roadway extension would have a minimal increase in traffic along the roadway traffic (less than 100 cars per day) traveling at very low speeds (25 mph). This amount of traffic would result in a minimal increase in noise levels. Comment: Surveys for the Paschall Drive roadway improvements should be made available to residents to confirm existing property lines and the amount of right-of-way required. Response: During right-of-way acquisition, NCDOT will provide property owners with plans showing property boundaries where additional right-of-way is required. Comment: What effect will increased rail volumes have on noise levels in the sub-project areas? Response: Train volumes will not increase as a direct result of the proposed Project; however, the improvements associated with the PIP will facilitate the introduction of three daily Piedmont round trips and four daily SEHSR round trips. Future freight operations are expected to increase to approximately 15 trains per day. The elimination of train horns at the Greenbriar Drive and Gordon Thomas Drive crossings will reduce noise levels. Comment: Please advise as to whether or not there are private lots between Gordon Thomas Drive and Highway 751 that would be denied right-of-way to Old NC 10 or US 70 with this change. Response: Proposed roadway improvements would not prevent access to any existing properties in the sub-project area. Comment: Would right-of-way purchased at the corner of Couch Mountain and Paschall Drive be taken from the north or south of the road? Response: Yes, according to the preliminary design, the purchase of right-of-way at this intersection is anticipated. Additional information on proposed right-of-way purchases will be developed during final design. Comment: The potential creation of double frontage lots along Walter Clark Drive in the Byrdsville Road sub-project areas would have setback nonconformance with the Unified Development Ordinance (UDO). Response: Conformance issues with the UDO will be addressed by NCDOT following final design. 2

139 Comment: Residents of Paschall Drive expressed concern about increased traffic from bikers and pedestrians accessing the road from Duke Forest. Response: Current Duke Forest signage along Paschall Drive restricts Forest usage and hours of access. The improved roadway and shoulders will provide safer conditions for any bicycle and pedestrian traffic. In addition the alignment for the new roadway has shifted farther away from Duke Forest under the Preferred Alternative. Comment: One resident of Paschall Drive expressed concern about existing train noise. Response: Existing rail noise is beyond the scope of this Project. The resident was referred to the NCDOT Rail Division. Greenbriar Drive Area Comment: Is NCDOT going to move my mailbox that is at the end of the drive? Response: Mailboxes for Greenbriar Drive will be moved to a location adjacent to the new roadway connection to Spruce Pine Trail. The mailboxes will be placed on NCDOT right-of-way following completion of roadway construction. Comment: The majority of Greenbriar Drive residents expressed a preference for the northern access alignment (Alternative 2). Response: Comments noted and reflected in the Preferred Alternative. Comment: Several residents mentioned the frequent flooding after heavy rain in the area of the southern alignment (Alternative 1). Response: The potential for flooding was considered as part of the analysis of potential impacts in EA Section Comment: A resident asked about how the right-of-way acquisition process works. Response: Where right-of-way is needed, NCDOT representatives will contact property owners and provide a full explanation of the acquisition process. Comment: A resident asked if the northern alignment would be on the secondary roadway system. Response: NCDOT anticipates the new roadway will be on the secondary roadway system. Comment: Greenbriar Drive residents asked if Greenbriar Drive was going to be put on the state road system (state maintained). Response: The new roadway will be on the state road system and maintained by NCDOT. Comment: A resident pointed out the southern alternative (Alternative 1) may be getting into the north side of a property s septic field. Response: Comment noted. This property will be avoided in the final design. Comment: Residents noted that it would be tight going between Greenbriar Drive homes with a road. Response: Through preliminary design it appears there sufficient distance between the homes to accommodate the roadway but NCDOT will investigate further during final design. 3

140 Comment: A planner with Orange County and Planning & Inspections Department commented that an alternative alignment could be developed traveling north of the nearby power line easement, continuing up to I-85. Part of this plan would be extending Greenbriar Drive northward into the Economic Development District (EDD) to connect to US 70 southeast of I-85. The area south of the power line is zoned mixed and residential. These factors combined with existing streams and wetlands would be difficult from a planning perspective. Response: The design will be as consistent as possible with future plans. B Citizens Informational Workshop January 14, 2013 The second CIW was held between 5:00 p.m. 7:00 p.m. on January 14, 2013, at the Shared Visions Retreat Center, 3717 Murphey School Road, Durham. The purpose of the meeting was to introduce the proposed Byrdsville Road improvements to residents and local officials and to receive comments on the alternatives and issues to be considered during the Project development process. Approximately 20 residents and local officials attended the meeting. Spanish language meeting announcements were posted and distributed within Byrdsville Mobile Home Park and a Spanish-speaking interpreter was present at the meeting. Below is a summary of comments received. Written Comments Comment: Property owners on the north side of Byrdsville Mobile Home Park are concerned that having access through the mobile home park will decrease property values of residences. Response: The Project involves closing of a private railroad crossing and providing alternative access to area residences. NCDOT anticipates no adverse effect on residential property values as a result of re-routing approximately 400 vehicles per day to the intersection with NC 86 and Walter Clark Drive. Residents near the crossing will have longer commutes and will be situated at the rear of the mobile home park neighborhood instead of the front. However, the sub-project will benefit these properties by providing unimpeded access to a paved publicly-maintained road, improved roadway conditions, elimination of train horn noise, and reduced pass-by traffic. Comment: If lot lines in the MHP are restructured due to easements, rental incomes could be lost. Response: The Project will be designed in a manner that minimizes the restructuring of easements to avoid the loss of any rental incomes. Comment: Property owners on the north side of Byrdsville Mobile Home Park do not want to have to drive through the mobile home park for access. Response: Alternative alignments were explored to avoid this route but were found to result in more severe impacts and therefore not carried forward for further analysis. Comment: Several property owners believe the proposed changes will have many negative logistic, legal, and financial ramifications for all the residents of Byrdsville. Response: NCDOT anticipates no adverse impacts to traffic patterns, property access, or property values as the result of the Project. Comment: Property owners north of the Byrdsville Mobile Home Park and south of the rail line said that besides the tremendous depreciation of land value, the closing of the railroad crossing would negatively 4

141 impact their properties in other ways including the reconfiguration of driveways and the day-to-day living conditions associated with the new exit/entrance to the Mobile Home Park. Response: There would be no reconfiguration of driveways under the proposed Project other than for driveways within the Preferred Alternative right-of-way. The new access route will not adversely affect quality of life. For some single-family residents the quality of life is anticipated to improve due to the substantial reduction in the number of vehicles passing by homes east of Byrdsville Mobile Home Park and the elimination of train horn noise at the crossing. Comment: The proposed Project would essentially make properties north of Mobile Home Park a part of the Park. Response: While this effect is not quantifiable, the higher topography and the distance between the single-family homes and the mobile home park suggest that this will not occur. Comment: Properties north of the Mobile Home Park do not have a legal easement to the proposed exit of the Mobile Home Park. The legal and financial ramifications of acquiring one are quite concerning. Response: NCDOT would ensure access to residents of all sub-project area homes via a public roadway. Comment: Any future reselling of property north of the Mobile Home Park subsequent to the closing of the railroad crossing would be under heavy scrutiny of lending institutions. Response: Comment noted, however this type of analysis is outside the scope of this study. Comment: A family of residents in the Byrdsville sub-project area indicated that their concerns about access through the Mobile Home Park would be alleviated if the Project included paving the primary road within the trailer park and adding it to the state secondary road system. They would also like to see the trailer lots along the proposed new entrance to the trailer park cleaned up. Response: The proposed NCDOT constructed roadway associated with this Project will be included in the state secondary road system. Orange County is responsible for code enforcement on private properties. Comment: The owner of the Byrdsville Road Mobile Home Park said that he supports the Project. He said that there are no recorded easements for any of the roads within the trailer park. He indicated a willingness to relocate the trailers along the new entrance road if the road was paved and added to the state system. He also said that he had several Hispanic rental tenants within the trailer park that would not attend the CIW, but he would advise them of the Project later. Response: \The proposed NCDOT constructed roadway in associated with this Project will be included in the state secondary road system. Decisions regarding paving will made during final design. Comment: Who will be paying for this? Response: Federal funds are being applied to this Project. The Federal Railroad Administration is overseeing the use of these funds for a number of other rail improvement and safety projects throughout North Carolina. Comment: Will residents only have access to the area through Joppa Oaks Mobile Home Park? 5

142 Response: Residents would enter the Byrdsville Road neighborhood using Walter Clark Drive and a new road that joins Walter Clark with Byrdsville Road. This route would be beside the Joppa Oaks neighborhood but does not use the streets within Joppa Oaks. Comment: Will Byrdsville Mobile Home Park mailboxes be moved? And would addresses change? Response: Mailboxes for Byrdsville Road will be moved to a location adjacent to the new roadway alignment. The mailboxes will be placed on NCDOT right-of-way following completion of roadway construction. Comment: Plans should include relocation of the mail receptacle to the new entrance on Walter Clark Drive to effect delivery and practical pick up by the customers. Response: Plans for the new mail receptacle will be determined during the right-of-way acquisition phase. B Public Meeting September 12, 2013 A Public Meeting was held between 5:00 p.m. 7:00 p.m. on September 12, 2013, at the Shared Visions Retreat Center, 3717 Murphey School Road in Durham. The purpose of the meeting was to present the public with the most recent preliminary design for the projects and to receive comments to be considered during the Project development process. Approximately 14 residents and local officials attended the meeting. Two residents submitted comment sheets at the meeting and two other residents mailed in comments following the meeting. Duke Forest and Orange County also submitted comments. Below is a summary of written and verbal comments received. Gordon Thomas Drive Written Comments Comment: We support the Project. Response: Comment noted. Comment: We are all for it. It will be a great change. Response: Comment noted. Comment: I am ready for this plan to be put in motion as soon as possible. The cul-de-sac needs to be moved back [from 226 Gordon Thomas Drive] feet toward Paschall Drive. You are now showing this in the middle of my driveway, which is not Gordon Thomas Drive. We ask that the engineers look at this with me. We discussed this at last meeting on We have appreciated your concerns in this matter. Response: The location of the cul-de-sac will be determined during final design through consultation with property owners. Comment: The diagram that you are showing for the cul-de-sac needs to be moved back [from 226 Gordon Thomas Drive] about 70 feet toward Paschall Drive. It is now shown in the middle of my driveway and also this is breaking up my property. Your attention in this matter is appreciated. 6

143 Also, we ask that you install safety signs such as (speed limit 15 mph, no outlet, etc.). Your meeting of was informative and we look forward to this plan. When reviewing the property, you will see that Gordon Thomas Drive is on my property. Response: The location of the cul-de-sac will be determined during final design through consultation with property owners. Appropriate signage will be installed to maintain safety for motorists, pedestrians and residents. Gordon Thomas Drive Verbal Comments Participants in this Public Meeting made statements primarily in favor of the alignment as displayed. A total of eight (8) participants spoke in favor of the Project. Two of those participants requested the proposed cul-de-sac be moved to the west toward their property line. Greenbriar Drive Verbal Comments Two meeting participants made statements in favor of the alignment as displayed. B Public Meeting December 5, 2013 A Public Meeting was held between 5:00 p.m. 7:00 p.m. on December 5, 2013, at the Shared Visions Retreat Center, 3717 Murphey School Road in Durham. The purpose of the meeting was to present the public with the most recent preliminary design for the Project and to receive comments to be considered during the Project development process. Approximately 30 residents and local officials attended the meeting. A Spanish-speaking interpreter was provided at the meeting. Four participants submitted Title VI Public Involvement Forms, and one participant submitted a comment sheet. Duke Forest and Orange County also submitted comments. Below is a summary of written and verbal comments received. Written Comments Comment: We think this is a good thing for the people in our trailer park. Byrdsville train tracks are dangerous, even though there are no crossing arms. Both of us are for the new route and location of the new road. Hope you get the acquisitions you need to carry this through. Response: Comment noted. Comment: The new design will significantly decrease the impact to Duke Forest, and so Duke Forest supports this alternative. However, we would like to better understand the burden of right-of-way as well as the width of the right-of-way across the section of proposed road that abuts Duke Forest. Response: NCDOT will conduct additional consultation with Duke Forest during right-of-way acquisition. Comments: The Orange County Planning and Inspections Department offered the following comments: A standard cul-de-sac is requested to meet requirements for emergency vehicles, school buses, and turning movements. A stop sign is suggested at the third turn and straight-away to reduce speeds and enhance safety. Lighting is desired at the turns in the road to enhance safety. The entire road will need to be renamed, and they suggest community residents nominate the name in coordination with the County s process. 7

144 Right-of-way condemnation from Piedmont Electric s property could result in the site s noncompliance with a special use permit for a land use buffer. If the detention pond is disturbed at the Piedmont Electric property, it will need to be restored/ revised/ reconstructed as necessary. Response: Planned cul-de-sacs will be designed in conformance with NCDOT design standards. Sufficient signage and lighting to ensure safety will be installed. The new roadway s name will be determined through consultation with the County. The amount of right-of-way required from Piedmont Electric s property will be determined during the right-of-way acquisition process. Property acquisition will be minimized where possible. Impacts to the detention pond are not currently anticipated. Comment: Piedmont EMC supports the proposed new route as presented at the December 5, 2013 Public Meeting. Our understanding is this route would utilize portions of an existing right-of-way within the east and north boundaries of Piedmont's property located at 2500 NC Highway 86 south and then follow Walter Clark Drive to exit on Highway 86 approximately 750 feet north of Piedmont's existing service entrance to Highway 86. Response: Comment noted and reflected in the Preferred Alternative for this sub-project. Verbal Comments Comment: Willard Cates, the owner of Byrdsville Mobile Home Park submitted a map of underground utilities along the Project alignment. He said there are light poles along the alignment that may have to be moved. There also septic fields that could be impacted. He said the addresses at the mobile home park would have to change as well as the location of the mailbox kiosk and school bus routes. Mr. Cates also said that the Hillsborough Fire Department and Eno Fire Department both have jurisdiction over portions of the Park. Mr. Cates said there is a handicapped school bus that crosses the railroad tracks about four times per day. Response: The location of light poles and septic fields will be determined during final design. NCDOT will locate the alignment to minimize impacts to utilities and septic fields. Mailboxes for Byrdsville Road will be moved to a location adjacent to the new roadway alignment. The mailboxes will be placed on NCDOT right-of-way following completion of roadway construction. This sub-project will provide unimpeded access for emergency services and school buses. Comment: A resident of the Byrdsville Mobile Home Park stated he would prefer not to have his trailer moved. Response: There would be no relocation of any occupied trailers as the result of the proposed Project. Comment: A resident expressed concerns regarding access rights for properties near the proposed dead end for Byrdsville Road. Response: NCDOT will ensure all residents west of the crossing with access to the existing rail crossing will have access to the new roadway. 8

145 Comment: A resident of the Byrdsville Mobile Home Park requested traffic calming measures along Byrdsville Road. Response: The roadway s speed limit will conform to NCDOT and Orange County subdivision standards. B Orange County Coordination Meeting March 27, 2013 A meeting was held on March 15, 2013 at the office of ICA Engineering, Inc. in Raleigh to discuss the PCSI crossing closure projects at Gordon Thomas Drive (P-4405I), Greenbriar Drive (P-4405J), and Byrdsville Road (P-4405K) in Orange County. A summary of the meeting discussion is provided below by topic: 1. The locations of proposed private drives and public roads in the study areas were clarified. 2. NCDOT construction standards for the three projects were discussed. Roadways in the three study areas will be designed in compliance with NCDOT s subdivision design guidelines. NCDOT would accept a design with a 50-foot right-of-way in all three study areas in order to lessen property impacts. Initial planned designs for Paschall Drive, Byrdsville Road/Walter Clark Drive, and the new Greenbriar Drive/Spruce Pine Trail connector road include 10-foot lanes, 2-foot shoulders, 8 feet to center line of ditches from roadway shoulder, and 5-foot back slopes. Orange County s roadway design standards will also be used as a reference, as required. 3. Orange County UDO Double frontage lots were discussed. The Project team will consider additional landscaping as a screening along Walter Clark Drive and Byrdsville Road to minimize the creation of double frontage lots. 4. Some suggested routes are more circuitous and increase commute times. The Project team acknowledged the creation of the more circuitous access roads could create increased commute times. In some cases changes in access routes will result in a slightly longer travel time to nearby local roads and commute times. 5. Anticipated schedule for right-of-way acquisition, structure relocation, and construction was presented. County Planning staff also requested map revisions and detailed design drawings. At this time, the Project schedule was estimated to be as shown below; however, the completion of the EA, FONSI, final design and right-of-way acquisition has been delayed to early 2015: o o o o o Spring 2013 Complete EA Fall 2013 Complete Finding of No Significant Impact (FONSI) Early 2014 Complete Final Design Early 2014 Begin Right-of-Way Acquisition Early 2015 Begin Construction 9

146 County Planning staff will be supplied map revisions and detailed design drawings when available. 6. Comments on Greenbriar Drive improvements. The proposed plan for Greenbriar Drive should include turnaround space at the northern and southern ends of the road. Greenbriar Drive addresses must be changed to meet Orange County emergency response standards. Southern Greenbriar Drive addresses could potentially become NC 10 addresses. 7. Comments on Byrdsville Road improvements. The existence of failing septic systems at some mobile homes could make the relocation of the mobile homes difficult. Orange County Planning Department will check into the reasons for the Jaspers Lane closure. Orange County requests NCDOT investigate the possible extension of Byrdsville Road near the rail crossing northward along Stony Creek to connect to Workman Road. The proposed plan for Byrdsville Road should include turnaround space where the road ends at the railroad corridor. 8. Comments on Gordon Thomas Drive improvements. Coordination with Paschall Road residents will be conducted to determine whether the road will be public or private. NCDOT will conduct investigations to determine if easements are in place or need to be developed to allow access to all residents. A 30-foot Paschall Road easement may exist. ROAM register of deeds may have information on existing easements using parcel PIN numbers. Orange County would have to sign a private road maintenance agreement if Paschall Drive remains a private roadway. Orange County may regulate the number of residences that can have access to a private road. This needs to be investigated further. 9. Discussion/Next Steps Any railroad track improvements affecting the Old NC 10 Bridge will be handled as a separate Project. The Project team will produce mapping to clearly show Project recommendations. Orange County s roadway design standards will be investigated by the Project team and applied as required. The Project team will conduct an environmental screening of the Byrdsville Road to Workman Road alignment. The Project team will investigate existing easements along Paschall Road, Walter Clark Drive, and Greenbriar Drive. Orange County Planning will investigate the reasons for the Jaspers Lane closure. Orange County Planning will provide the Project Team with the Orange County ordinance restricting the number of homes allowed on a private road. 10

147 B Duke Forest Coordination Meeting July 9, 2013 A meeting was held on July 9, 2013 at the Duke Forest Conference Room to discuss the PCSI crossing closure projects at Gordon Thomas Drive (P-4405I) and Byrdsville Road (P-4405K) in Orange County. A summary of the meeting discussion is provided below by topic: 1. Byrdsville Road Access Alignments Dan Havener, NCDOT Project Manager, discussed the original Byrdsville Road alignment extension to NC 86 and presented the problems that have been identified during the Project development process: Previous flooding incidents have occurred along Walter Clark Road within the Joppa Oaks subdivision due to higher elevations at the Piedmont Electric property draining toward the subdivision. Walter Clark Drive enters the intersection at NC 86 at a skewed angle. The angle of approach for the roadway has the potential to create unsafe conditions due to poor sightlines for additional drivers entering the intersection. Judd Edeburn and Sara Childs (representatives of Duke Forest) responded that Duke Forest was not in favor of the Fletcher Road alignment for the following reasons: Duke Forest does not favor the increase in the amount of land to be used over the initial alternative. Duke Forest does not want to provide potential additional unofficial access points to the property via the introduction of a new roadway. This area is used for ROTC training in the area, including night training and the use of paintballs. Duke Forest is concerned the Fletcher Road extension would bring the public closer to these activities which could cause concern among residents. The proposed alignment would result in two stream crossings and Duke Forest wants to maintain the integrity of streams in the Fletcher Road area. These streams feed into Stony Creek, they are high quality, and are used for research as reference streams for comparison. There is also a concern about adverse impacts to these streams and a watershed within Duke Forest. NCDOT representatives said the following actions could be taken to minimize or mitigate potential impacts: NCDOT would compensate Duke for any land acquisition. NCDOT would perform an assessment of potential water quality issues during the NEPA process. NCDOT would offer a planting plan along with fencing to mitigate alignment impacts. NCDOT will offer a gated, woven wire fence for security along Walter Clark Drive. This would be similar to animal fencing. The road might be on fill and not an attractive pedestrian access point. Design speeds would be low, probably similar to subdivision speeds. Judd Edeburn provided the group with the following information that has factored into the Duke Forest s position on the Byrdsville Road extension to NC 86: Neither the original alignment nor the Fletcher Road alignment provides a benefit to Duke Forest. There is an increased risk of public access with both alternatives. 11

148 Duke Forest can accept the first alignment in part because a power line easement is present to lessen the impact. The value of Duke Forest property is hard to measure. It s hard to put a price on the value of unimpacted forest land. Duke Forest is open to the public but the Forest wants to limit access to gated entrances. Unauthorized access occurs particularly behind houses. This can lead to establishment of trails and then erosion. There are also problems with trash dumping and unauthorized camping. This section of the Forest has a great deal of research value that is not easily replaceable elsewhere. Additional points discussed by the group included: At the request of Orange County Planning Department NCDOT looked at the Workman Road connection but there were many problems with the alignment particularly the potential for more than 1,000 feet of linear stream impacts. A possible direct route through the Piedmont Electric property may be considered for the Byrdsville Road extension. The planned roadway would have 50-foot right-of-way with a 20-foot paved road. Initial estimates indicated that400 vehicle trips could be travelling the roadway extension. 2. Gordon Thomas Drive Crossing Closure Next, a general discussion of the Gordon Thomas Drive Crossing Closure Project took place. The following points were made by participants: Paschall Road would have 50 feet right-of-way. Right-of-way for Paschall Road could possibly be split evenly between Duke Forest and adjacent residences. This will be determined during final design. Duke Forest would favor Paschall remaining as a private road but would not want to join a maintenance agreement. 3. Next Steps NCDOT provided the following next steps in the Project development: Duke Forest will respond to the proposed Fletcher Road alignment in a formal letter to NCDOT. NCDOT will contact Piedmont Electric to discuss the Project. The Project Team will meet with Orange County Planning Department to provide an update on the Project. A Community Informational Workshop will be held in August to discuss the three projects. B Orange County Coordination Meeting August 8, 2013 A meeting was held on August 8, 2013 at the Orange County Planning and Inspections Conference Room to discuss the PCSI crossing closure projects at Gordon Thomas Drive, Greenbriar Drive (P-4405J), and Byrdsville Road (P-4405K) in Orange County. Below is a summary of the meeting discussion: 12

149 1. Gordon Thomas Drive (P-4405I) The Gordon Thomas Drive and Greenbriar Drive sub-projects may advance quicker, and independently of the Byrdsville Road sub-project due to the exploration of additional alignment alternatives. Paschall Road constructed as a gravel private road with an access agreement among residents has been considered as an option for the Gordon Thomas Drive as part of the Project development process. Orange County personnel informed the group that County ordinances would not permit this arrangement because there are limits to the number of residences that may access a private road. Part of the rationale for preventing this arrangement is because the future subdivision of lots may result in a large numbers of homes with access to private roadways. The eventual roadway design for the Gordon Thomas Drive connection is anticipated to be foot paved road with grassed shoulders within a 50 foot right-of-way. A copy of the Orange County zoning regulations will be made available at the next Citizens Informational Workshop (CIW) for residents near Gordon Thomas Drive. A cul-de-sac at Gordon Thomas will be considered as part of the preliminary design. 2. Greenbriar Drive Crossing Closure (P4405J) Greenbriar Drive residents have said they prefer the road to be placed on the NCDOT system. NCDOT has regulations on the conversion of private roadways to a public roadway. Residents will be informed that there is a petition process and the roadway would have to meet subdivision standards to be included on the NCDOT system. NCDOT may require rebuilding the roadway to meet the standards prior to its inclusion on the NCDOT system. For the Greenbriar Drive crossing closure, the southern alternative alignment has been eliminated from consideration. Easements are in place for resident access along Greenbriar Drive. NCDOT will confirm that easements are sufficient for access for all residents. The street name for a portion of Greenbriar Drive will need to change and Orange County s address ordinance may require renumbering residences on Greenbriar Drive. The next CIW for Greenbriar Drive will include mapping of a typical section. Limits of streams will be depicted on mapping for the CIW (especially near Greenbriar Drive). NCDOT Division 7 will conduct an evaluation of Greenbriar Drive to assess the condition. 3. Byrdsville Road Crossing Closure (P4405K) Orange County believes the best alignment for the Byrdsville Road extension between existing Byrdsville Road and Walter Clark Drive would be located on the Duke Forest property in order to avoid taking resident property and creating nonconforming residential lots on the north side of the roadway. Problems with the existing skewed intersection of Walter Clark Drive and NC 86 can be addressed in the preliminary design process. Even though the owner of Byrdsville Mobile Home Park has said he would be willing to relocate some mobile homes to accommodate a Byrdsville Road extension, the location of septic systems could be present a problem. 13

150 Orange County requested the consideration of a Byrdsville Road extension alignment through the Piedmont Electric property to NC 86. Keeping trucks separate from residential traffic could be an issue for a potential access road near the Piedmont Electric property. Piedmont Electric installed screening in the form of landscaping to address impacts to the Joppa Oaks subdivision when the Piedmont Electric site was developed. 4. Planning for Citizens Informational Workshops The Gordon Thomas Drive and Greenbriar Drive CIW can be scheduled in the near term. The Byrdsville Road CIW will be held following a meeting with representatives of Piedmont Electric. The Project Team will have some general information on the Byrdsville Road Project available at the Gordon Thomas Drive and Greenbriar Drive CIW. A new meeting format for the Gordon Thomas Drive and Greenbriar Drive CIW is proposed consisting of: 1. A brief presentation on the Project characteristics of Gordon Thomas Drive. 2. A question and answer period. 3. An interim informal workshop period. 4. A brief presentation on the Project characteristics of Greenbriar Drive. 5. A question and answer period. 6. A final informal workshop period. 5. Action Items Orange County Planning would like copies of the next CIW handouts, typical section, and mapping for their website. NCDOT will finalize the reservations for the Gordon Thomas Drive and Greenbriar Drive CIW. NCDOT will further investigate existing easements along Greenbriar Drive and Paschall Road. ICA Engineering will contact Susan Cashion to set up a meeting with Piedmont Electric. Representatives of Orange County Planning will attend this meeting. Depending on the outcome of the Piedmont Electric meeting a will be held with representatives of the Hillsborough Church of God. The next CIW for Greenbriar Drive will include mapping of a typical section. Limits of streams will be depicted on mapping for the CIW (especially near Greenbriar Drive). NCDOT Division 7 will conduct an evaluation of Greenbriar Drive to assess the condition. B Piedmont Electric Coordination Meeting August 30, 2013 A meeting was held on August 30, 2013 at the Offices of Piedmont Electric on NC 86 in Durham County to discuss the PCSI crossing closure Project at Byrdsville Road (P-4405K) in Orange County. The purpose of this meeting was to discuss an alignment option that would travel from existing Byrdsville Road, cross Walter Clark Drive, cross property owned by Piedmont Electric to access NC 86. No drawings for this alignment were developed. Company representatives stated they would not favor this 14

151 alignment due to its encroachment on Company property. They felt this encroachment would interfere with operations particularly during storm emergencies when as many as 100 repair vehicles may gather at the site. Company representatives said they would follow-up with a formal letter to NCDOT stating their preferences (see correspondence in Appendix A). 15

152 NOTICE OF CITIZENS INFORMATIONAL WORKSHOP FOR PROPOSED PRIVATE CROSSING CLOSURES WITH THE NORTH CAROLINA RAILROAD (NCRR)/NORFOLK SOUTHERN (NS) RAILWAY AT GORDON THOMAS DRIVE AND GREENBRIAR DRIVE TIP Project No. P-4405 I & J Orange County The North Carolina Department of Transportation (NCDOT) will hold a Citizens Informational Workshop between the hours of 5:00 pm and 7:00 pm on Monday, January 7, 2013 at the Shared Visions Retreat Center (auditorium), located at 3717 Murphey School Road, in Durham. The NCDOT Rail Division is proposing the closure of the private railroad crossings at both Gordon Thomas Drive and Greenbriar Drive. Alternate routes will be used when both of these crossings are closed. The alternate route for Gordon Thomas Drive would include Paschall Drive, Couch Mountain Road and Murphy School Road. The alternate route for Greenbriar Drive would be a proposed new road connecting to Spruce Pine Trail and Old NC 10. These crossings are to be closed in the interest of improved safety for local residents using the existing crossings and for rail crews and passengers. This rail line is part of the Southeast High Speed Rail corridor which will have increased train speeds and more freight and passenger trains in the future. The acquisition of right-of-way is scheduled to begin in 2014, followed by construction in These schedules are tentative and are subject to change. Maps will be on display depicting the proposed new alternate routes for those that currently cross the NCRR/NS railroad at Gordon Thomas Drive and Greenbriar Drive. NCDOT representatives will be available to answer any questions and receive public input. The opportunity to submit written comments will be provided and is encouraged. There will not be a formal presentation. For more information, please contact NCDOT Rail Environmental Engineer, Marc Hamel, by phone at (919) or by at: [email protected] or NCDOT Rail Division Consultant, Mark Reep, P.E., of Florence & Hutcheson, Inc. at (919) or by at: [email protected]. NCDOT will provide auxiliary aids and services under the Americans with Disabilities Act for anyone who wants to participate in this workshop. Anyone requiring special services should contact Mr. Hamel as early as possible so that arrangements can be made. For persons who speak Spanish and do not speak English, or have a limited ability to read, speak or understand English, interpretive services will be available at the meeting upon request. For more information, please call prior to the meeting.

153 TIP P-4405 P I & J Citizens Informational Workshop Proposed Railroad Crossing Closures at Gordon Thomas Drive & Greenbriar Drive Monday, January 7th, 2013, Anytime Between 5:00 p.m. - 7:00 p.m. Shared Visions Retreat Center, 3717 Murphey School Road, Durham Welcome! The agenda for this evening s workshop is informal. Mapping and aerial photographs of the project area are on display. Representatives from the North Carolina Department of Transportation (NCDOT) Rail Division and their consultants are here to discuss your concerns, receive comments and answer questions. Project Purpose The purpose of these projects is to provide safety improvements along the Raleigh to Charlotte rail corridor that close private crossings where feasible and protect the private crossings that will remain open with crossbucks, automatic flashers and gates, signals and locking gates. This is part of the Southeast High Speed Rail Corridor (SEHSR), which when complete, will provide high speed passenger rail service between Washington, DC and Charlotte. The crossing closures are a key element that will reduce train and vehicle conflicts along the corridor. These rail crossings are identified in NCDOT s Private Crossing Initiative. Proposed Improvements NCDOT Rail Division is evaluating the closure of private road crossings with North Carolina Railroad (NCRR)/Norfolk Southern Railway (NS) at Gordon Thomas Drive, and Greenbriar Drive in Orange County. Alternate routes will be used when both of these crossings are closed. The alternative route for Greenbriar Drive would be a proposed new road connecting to Spruce Pine Trail and Old NC 10. Greenbriar Drive Crossing What happens Next? Detailed planning, engineering, and environmental studies are underway. NCDOT is evaluating options to improve railroad operations and safety while reducing the project s effects on nearby communities and the environment. The tentative schedule for these projects is as follows: The alternate route for Gordon Thomas Drive would include Paschall Drive, Couch Mountain Road and Murphey School Road. Gordon Thomas Drive Crossing Spring 2013: Environmental Assessment Fall 2013: Final Environmental Document Early 2014: Begin Right of Way Acquisition Early 2015: Begin Construction Thank you for participating in this workshop. If you would like to receive future announcements or meeting notices, add your name to the mailing list or contact the individuals listed below. Mr. Marc Hamel, NCDOT Rail Division Mr. Mark Reep, Florence & Hutcheson 1553 Mail Service Center 5121 Kingdom Way, Suite 100, Raleigh, NC Raleigh, NC (919) ([email protected]) (919) ([email protected])

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156 NOTICE OF CITIZENS INFORMATIONAL WORKSHOP FOR PROPOSED PRIVATE CROSSING CLOSURE WITH THE NORTH CAROLINA RAILROAD (NCRR)/NORFOLK SOUTHERN (NS) RAILWAY AT BYRDSVILLE ROAD TIP Project No. P-4405 K Orange County The North Carolina Department of Transportation (NCDOT) will hold a Citizens Informational Workshop between the hours of 5:00 pm and 7:00 pm on Monday, January 14, 2013 at the Shared Visions Retreat Center (auditorium), located at 3717 Murphey School Road, in Durham. The NCDOT Rail Division is proposing the closure of the private railroad crossing at Byrdsville Road. Alternate routes will be used when this crossing is closed. The alternate route for Byrdsville Road would include Walter Clark Drive and a new road to be constructed connecting Byrdsville Mobile Home Park to Walter Clark Drive, which together would provide alternate access to NC 86. This crossing is to be closed in the interest of improved safety for local residents using the existing crossing and for rail crews and passengers. This rail line is part of the Southeast High Speed Rail corridor which will have increased train speeds and more freight and passenger trains in the future. The acquisition of right-of-way is scheduled to begin in 2014, followed by construction in These schedules are tentative and are subject to change. Maps will be on display depicting the proposed new alternate routes for those that currently cross the NCRR/NS railroad at Byrdsville Road. NCDOT representatives will be available to answer any questions and receive public input. The opportunity to submit written comments will be provided and is encouraged. There will not be a formal presentation. For more information, please contact NCDOT Rail Environmental Engineer, Marc Hamel, by phone at (919) or by at: [email protected] or NCDOT Rail Division Consultant, Mark Reep, P.E., of Florence & Hutcheson, Inc. at (919) or by at: [email protected]. NCDOT will provide auxiliary aids and services under the Americans with Disabilities Act for anyone who wants to participate in this workshop. Anyone requiring special services should contact Mr. Hamel as early as possible so that arrangements can be made. For persons who speak Spanish and do not speak English, or have a limited ability to read, speak or understand English, interpretive services will be available at the meeting upon request. For more information, please call prior to the meeting.

157 TIP P-4405 P K Citizens Informational Workshop Proposed Railroad Crossing Closure at Byrdsville Road Monday, January 14th, 2013, Anytime Between 5:00 p.m. - 7:00 p.m. Shared Visions Retreat Center, 3717 Murphey School Road, Durham Welcome! The agenda for this evening s workshop is informal. Mapping and aerial photographs of the project area are on display. Representatives from the North Carolina Department of Transportation (NCDOT) Rail Division and their consultants are here to discuss your concerns, receive comments and answer questions. Walter Clark Drive Near NC 86 Proposed Improvements NCDOT Rail Division is evaluating the closure of the private road crossing with North Carolina Railroad (NCRR)/Norfolk Southern Railway (NS) at Byrdsville Road in Orange County. Alternate routes will be used when this crossing is closed. The Byrdsville Road crossing serves a large subdivision of permanent and mobile homes. The crossing is protected by automatic warning devices. Byrdsville Road Crossing A new roadway is proposed to connect Byrdsville Road to Walter Clark Drive, which together would provide alternate access to NC 86. Driveway improvements will also be considered in two locations to maintain connectivity to nearby properties. Project Purpose The purpose of this project is to provide safety improvements along the Raleigh to Charlotte rail corridor that close private crossings where feasible and protect the private crossings that will remain open with crossbucks, automatic flashers and gates, signals and locking gates. This is part of the Southeast High Speed Rail Corridor (SEHSR), which when complete, will provide high speed passenger rail service between Washington, DC and Charlotte. The crossing closure is a key element that will reduce train and vehicle conflicts along the corridor. This rail crossing is identified in NCDOT s Private Crossing Safety Initiative. What happens Next? Detailed planning, engineering, and environmental studies are underway. NCDOT is evaluating options to improve railroad operations and safety while reducing the project s effects on nearby communities and the environment. The tentative schedule for this project is as follows: Spring 2013: Environmental Assessment Fall 2013: Final Environmental Document Early 2014: Begin Right of Way Acquisition Early 2015: Begin Construction Thank you for participating in this workshop. If you would like to receive future announcements or meeting notices, add your name to the mailing list or contact the individuals listed below. Mr. Marc Hamel, NCDOT Rail Division Mr. Mark Reep, Florence & Hutcheson 1553 Mail Service Center 5121 Kingdom Way, Suite 100, Raleigh, NC Raleigh, NC (919) ([email protected]) (919) ([email protected])

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160 NOTICE OF CITIZENS INFORMATIONAL WORKSHOP FOR PROPOSED PRIVATE CROSSING CLOSURES WITH THE NORTH CAROLINA RAILROAD (NCRR)/NORFOLK SOUTHERN (NS) RAILWAY AT GORDON THOMAS DRIVE AND GREENBRIAR DRIVE TIP Project No. P-4405I & P-4405J Orange County The North Carolina Department of Transportation (NCDOT) will hold a Citizens Informational Workshop between the hours of 5:00 pm and 7:00 pm on Thursday, September 12, 2013 at the Shared Visions Retreat Center (auditorium), located at 3717 Murphey School Road, in Durham. Formal presentations will be provided at 5:15 for the Gordon Thomas Drive project and 6:15 for the Greenbriar Drive project. The NCDOT Rail Division is proposing the closure of the private railroad crossings at both Gordon Thomas Drive and Greenbriar Drive. Alternate routes will be used when both of these crossings are closed. The alternate route for Gordon Thomas Drive would include Paschall Drive, Couch Mountain Road and Murphy School Road. The alternate route for Greenbriar Drive would be a proposed new road connecting to Spruce Pine Trail and Old NC 10. These crossings are to be closed in the interest of improved safety for local residents using the existing crossings and for rail crews and passengers. This rail line is part of the Southeast High Speed Rail corridor which will have increased train speeds and more freight and passenger trains in the future. This meeting will provide an update on the project development process and project schedule. Maps will be on display depicting more detailed information about the proposed alternate routes for those that currently cross the NCRR/NS railroad at Gordon Thomas Drive and Greenbriar Drive. NCDOT representatives will be available to answer any questions and receive public input. The opportunity to submit written comments will be provided and is encouraged. Citizens are invited to speak individually with NCDOT officials and review the proposed design maps. The opportunity to submit written comments or questions will also be provided. Interested citizens may attend at any time during the above hours. For more information, please contact NCDOT Rail Environmental Engineer, Ryan White, by phone at (919) or by at: [email protected] or NCDOT Rail Division Consultant, Mark Reep, P.E., of ICA Engineering, Inc. at (919) or by at: [email protected]. NCDOT will provide auxiliary aids and services under the Americans with Disabilities Act for disabled persons who wish to participate in this workshop. Anyone requiring special services should contact Mr. White as early as possible, so arrangements can be made. Persons who speak Spanish and do not speak English, or have a limited ability to read, speak or understand English, may receive interpretive services upon request prior to the meeting by calling

161 Citizens Informational Workshop Proposed Railroad Crossing Closures at TIP P-4405 P I & J Gordon Thomas Drive & Greenbriar Drive Thursday, September 12th, 2013, Anytime Between 5:00 p.m. - 7:00 p.m. Gordon Thomas Drive Presentation 5:15 p.m. Greenbriar Drive Presentation 6:15 p.m. Shared Visions Retreat Center, 3717 Murphey School Road, Durham Welcome! The North Carolina Department of Transportation (NCDOT) Rail Division is holding this second Citizens Informational Workshop (CIW) for the Gordon Thomas Drive (P-4405I) and Greenbriar Drive (P-4405J) crossing closure projects. Comments received from the January 2013 CIW were considered and incorporated into alternatives on display tonight. Presentations will be made at 5:15 for Gordon Thomas Drive, and 6:15 for Greenbriar Drive. Greenbriar Drive Crossing Project Benefits An always open way of crossing the tracks, preventing delays due to passing or stopped trains. Safety for motorists when crossing bridges, conflict with trains is prevented, thus saving lives. Safety for rail travelers no risk of a motor vehicle getting under and derailing a train and causing train crew and/or passenger injuries. Safety for school children they would not have to walk across tracks or ride a bus across tracks. Noise a closed crossing does not require a train to blow its horn. Gordon Thomas Drive Crossing Project Purpose This project is part of a program to provide safety improvements along the Raleigh to Charlotte rail corridor that close private crossings where feasible and protect the private crossings that will remain open. Proposed Improvements NCDOT is evaluating the closure of private road crossings with North Carolina Railroad (NCRR)/Norfolk Southern Railway (NS) at Gordon Thomas Drive and Greenbriar Drive in Orange County. The Gordon Thomas Drive crossing will be closed and the roadway extended to join Paschall Drive, which connects to Couch Mountain Road (SR 1716). Greenbriar Drive will be closed and an alternate connection to Old NC 10 will be provided from the northern end of Greenbriar Drive eastward connecting to Spruce Pine Trail. (SR 1847) Design Considerations Analysis so far reveals the need to provide adequate access, ensure neighborhood safety and security, minimize land acquisition and impacts to streams and wetlands. What happens Next? Detailed planning, engineering, and environmental studies are underway. NCDOT is evaluating options to improve railroad operations and safety while reducing the project s effects on nearby communities and the environment. The tentative schedule for these projects is as follows: Winter 2014: Environmental Assessment Spring 2014: Final Environmental Document Summer 2014: Begin Right of Way Acquisition Summer 2015: Begin Construction

162 Thank you for participating in this workshop. If you would like to receive future announcements or meeting notices, add your name to the mailing list or contact the individuals listed below. Mr. Ryan White, NCDOT Rail Division Mr. Mark Reep, ICA Engineering 1553 Mail Service Center 5121 Kingdom Way, Suite 100, Raleigh, NC Raleigh, NC (919) (919)

163 PROPOSED PRIVATE CROSSING CLOSURES WITH THE NORTH CAROLINA RAILROAD (NCRR)/NORFOLK SOUTHERN (NS) RAILWAY AT GORDON THOMAS DRIVE AND GREENBRIAR DRIVE ORANGE COUNTY, TIP NO. P-4405I & J September 12, 2013 Name: Address: (please print) (please print) City: State: Zip: Phone (optional): Comments, concerns, and/or questions regarding this project: Comments Apply to: Gordon Thomas Dr.; Greenbriar Dr.; Both Projects (If you need additional space, please continue on the back) Mail completed comment form or comments to: Ryan White, P.E. OR: Mark L. Reep, P.E. Rail Project Development Engineer Project Manager NCDOT Rail Division ICA Engineering, Inc Mail Service Center 5121 Kingdom Way, Suite 100 Raleigh, North Carolina Raleigh, North Carolina [email protected] [email protected]

164 TIP P-4405 P K Public Meeting Proposed Railroad Crossing Closure at Byrdsville Road Thursday, December 5th, 2013, Anytime Between 5:00 p.m. - 7:00 p.m. Shared Visions Retreat Center, 3717 Murphey School Road, Durham Welcome! The North Carolina Department of Transportation (NCDOT) Rail Division is holding this second Public Meeting for the Byrdsville Road rail crossing closure project (P-4405K). Comments received from the January 14th Citizens Informational Workshop for this project were considered and have been incorporated into the design that is on display tonight. There will be no formal presentation at this meeting. Byrdsville Road Crossing Proposed Benefits An always open way of crossing the tracks, preventing delays due to passing or stopped trains. Safety for motorists when crossing tracks, conflict with trains are prevented, thus saving lives. Safety for rail travelers no risk of a motor vehicle derailing a train and causing train crew and/or passenger injuries. Safety for school children they would not have to ride buses across tracks. Noise a closed crossing does not require a train to blow its horn. Walter Clark Drive Near NC 86 Project Purpose This project is part of a program to provide safety improvements along the Raleigh to Charlotte rail corridor that closes private crossings where feasible and protects the private crossings that will remain open. Proposed Improvements NCDOT is evaluating the closure of a private road crossing with North Carolina Railroad (NCRR)/Norfolk Southern Railway (NS) at Byrdsville Road in Orange County. This crossing serves a large subdivision of permanent and mobile homes. The crossing is protected by automatic warning devices. Under the proposed project the crossing will be closed, improvements will be made to Byrdsville Road, and a new connection will be provided to NC 86. The current proposed design will include 11-foot travel lanes, 6-foot unpaved shoulders, within a minimum 50-foot right of way. The roadway s design is compliant with NCDOT standards. Design Considerations Analysis reveals the need to maintain access, avoid utility impacts, minimize land acquisition, and ensure adequate sight lines at the NC 86/Walter Clark Drive intersection. What happens Next? Detailed planning, engineering, and environmental studies are underway. NCDOT is evaluating options to improve railroad operations and safety while reducing the project s effects on nearby communities and the environment. The tentative schedule for this project is as follows: April 2014: Environmental Assessment October 2014: Final Environmental Document December 2014: Begin Right of Way Acquisition December 2015: Begin Construction

165 Thank you for participating in this meeting. If you would like to receive future announcements or meeting notices, add your name to the mailing list or contact the individuals listed below. Mr. Ryan White, NCDOT Rail Division Mr. Mark Reep, ICA Engineering 1553 Mail Service Center 5121 Kingdom Way, Suite 100, Raleigh, NC Raleigh, NC (919) (919)

166 PROPOSED PRIVATE CROSSING CLOSURES WITH THE NORTH CAROLINA RAILROAD (NCRR)/NORFOLK SOUTHERN (NS) RAILWAY AT BYRDSVILLE ROAD ORANGE COUNTY, TIP NO. P-4405K December 5, 2013 Name: Address: (please print) (please print) City: State: Zip: Phone (optional): Comments, concerns, and/or questions regarding this project: (If you need additional space, please continue on the back) Mail completed comment form or comments to: Ryan White, P.E. OR: Mark L. Reep, P.E. Rail Project Development Engineer Project Manager NCDOT Rail Division ICA Engineering, Inc Mail Service Center 5121 Kingdom Way, Suite 100 Raleigh, North Carolina Raleigh, North Carolina