STATE OF TENNESSEE DEPARTMENT OF TRANSPORTATION ENVIRONMENTAL DIVISION
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1 STATE OF TENNESSEE DEPARTMENT OF TRANSPORTATION ENVIRONMENTAL DIVISION Suite James K. Polk Building 505 Deaderick Street Nashville, Tennessee MEMORANDUM TO: FROM: Files Joe W. Matlock, Transportation Planner, Region IV NEPA Documentation Office Local Programs DATE: March 31, 2010 SUBJECT: Programmatic Categorical Exclusion for Improvements to SR 3/US 51/Elvis Presley Boulevard from SR 175/East Shelby Drive to I-55 City of Memphis, Shelby County, Tennessee PIN #: The Local Government has reviewed the proposed project for compliance with environmental laws and regulations. The Local Government finds that the above referenced project as proposed will not directly, indirectly or cumulatively have any significant environmental impacts. It is Local Government s determination that this project complies with the criteria for Categorical Exclusions(CEs) for certain projects identified in 23 CFR Part 771.I 17(d) and further finds that if meets the conditions identified in September 2007 Programmatic Categorical Exclusion agreement with the Federal Highway Administration (FHWA). This finding is herein submitted to the Tennessee Department of Transportation for environmental review. Project Purpose Elvis Presley Boulevard serves as both a gateway to an important tourist attraction, Graceland, as well as the major commercial corridor for residents of the Whitehaven community. Commercial decline, with increased vacancies and neglect, has resulted in an increase in crime and a deteriorated appearance along a corridor intended to welcome visitors to both Graceland and the City of Memphis. A variety of economic development plans prepared by local residents, the City and Elvis Presley Enterprises, Inc. (the company managing Graceland and related attractions) call for improvements along the corridor to spur redevelopment and create a more appropriate and welcoming gateway entrance to Graceland and the City.
2 Programmatic Categorical Exclusion for Improvements to SR 3/US 51/Elvis Presley Boulevard from SR 175/East Shelby Drive to I-55 City of Memphis, Shelby County, Tennessee PIN #: Page 2 Due to the age of the roadway and the heavy levels of truck traffic, the road condition has deteriorated, creating safety issues in the area. Additionally, the high levels of pedestrian traffic associated with Graceland and the lack of both pedestrian-friendly crossings and continuous sidewalks create an unwelcoming and potentially unsafe environment for tourists and other pedestrians moving through the corridor. The purpose of the proposed project, as defined in the Transportation Planning Report, includes: 1. Support Memphis tourism goals; 2. Support planned economic development and enhance opportunities for redevelopment; 3. Address safety issues and deficiencies along the corridor; and 4. Enhance multimodal travel in the Whitehaven area. Project Description Proposed project improvements were evaluated in a Transportation Planning Report (TPR), approved by TDOT in July of Two alternatives were studied for each of the three project segments described above. The City of Memphis selected Alternative 1 for all three of the segments because it would have substantially fewer property impacts but would still meet the project purpose and need. The City of Memphis proposes streetscape improvements along a 2.81-mile long segment of Elvis Presley Boulevard from SR 185/East Shelby Drive to I-55. Improvements proposed for all segments of the project corridor include: New or upgraded sidewalks and crosswalks; Landscaping; New lighting standards; Curb and gutter; A buffer strip that can accommodate landscaping between the curb and sidewalk; and New pavement. Specific improvements proposed for each of the three project segments are outlined in the attached file: Conclusion Local Government has certified to the Environmental Division that the preparer and or the appropriate Local Government official have read and understand the conditions for Programmatic Categorical Exclusions as specified in the appendix of this document and that the information provided to TDOT meets those conditions to the best of their knowledge and understanding. And that this project has been appropriately coordinated with the US Fish and Wildlife Service and the Tennessee State Historic Preservation Office. The Environmental Division TDOT has reviewed the proposed project for compliance with environmental laws and regulations. The project as proposed will not directly, indirectly or cumulatively have any significant environmental impacts. Therefore it is this office s finding that this project complies with the criteria for Categorical Exclusions (CEs) for certain projects identified in 23 CFR Part 771.I 17(d). This office further finds that this project meets the conditions identified in September 2007 Programmatic Categorical Exclusion agreement with the Federal Highway Administration (FHWA). This memorandum and the attached appendix document this determination. This project has environmental approval as of the date of this memorandum.
3 Programmatic Categorical Exclusion for Improvements to SR 3/US 51/Elvis Presley Boulevard from SR 175/East Shelby Drive to I-55 City of Memphis, Shelby County, Tennessee PIN #: Page 3 JWM: jwm Attachments CC: TDOT HQ Staff TDOT Regional Staff TDOT Environmental Division Staff Mr. Ronnie Porter Local Government
4 Attachments
5 Elvis Presley Boulevard Page 1 Project Location Maps and Preliminary Project Plans
6 Project in Its Regional Context Elvis Presley Boulevard Page 2
7 Project Location Elvis Presley Boulevard Page 3
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10 FHWA-TDOT Programmatic Agreement Elvis Presley Boulevard Page 6
11 Elvis Presley Boulevard Page 7
12 Elvis Presley Boulevard Page 8
13 9 Transportation Improvement Program Elvis Presley Boulevard Page 9
14 Elvis Presley Boulevard Page 10
15 Elvis Presley Boulevard Page 11 Cultural Resources
16 Elvis Presley Boulevard Page 12
17 Elvis Presley Boulevard Page 13 Ecology
18 Elvis Presley Boulevard Page 14
19 Elvis Presley Boulevard Page 15 FEMA Flood Insurance Rate Maps
20 Elvis Presley Boulevard Page 16
21 Elvis Presley Boulevard Page 17
22 Elvis Presley Boulevard Page 18
23 Elvis Presley Boulevard Page 19 Hazardous Materials
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25 Air and Noise Impacts Air Quality Transportation Conformity This resurfacing project is exempt from conformity per 40 CFR Mobile Air Source Toxics (MSATs) Since the project is exempt from conformity, it is also exempt from MSATs analysis. The project is Type I so a noise study is not needed. Elvis Presley Boulevard Page 21
26 MEMORANDUM To: Jim Ozment, Transportation Manager II NEPA Documentation Office Date: March 31, 2010 File Name: Programmatic Categorical Exclusion for Improvements to SR 3/US 51/Elvis Presley Boulevard From SR 175/East Shelby Drive to Interstate 55 City of Memphis, Shelby County, Tennessee PIN #: Mr. Ozment Project Information The City of Memphis proposes to improve a section of State Route (SR) 3/US 51/Elvis Presley Boulevard (Elvis Presley Boulevard) from SR 175/East Shelby Drive to Interstate 55 (I-55). The proposed project will be partially funded with Transportation Enhancement Grant funding directed to the City of Memphis through the Tennessee Department of Transportation (TDOT) Local Programs office, and is thus subject to the requirements of the National Environmental Policy Act (NEPA). In addition, the Memphis Metropolitan Planning Organization s (MPO) Transportation Improvement Program (TIP) specifies additional federal funding assistance through the Transportation, Community and System Preservation Program (TCSP). The MPO which includes the City of Memphis, amended its TIP on January 28, 2010 to reflect the proposed project (see attachments). The project is listed in the TIP as TIP# ENH The proposed project is located in the City of Memphis, Shelby County, Tennessee. Maps of the project in its regional context and of the project location are included in the attachments. Elvis Presley Boulevard is an Urban Principal Arterial and serves as a connection between the City of Memphis and Hernando, Mississippi. The project corridor provides access to Graceland, a major Memphis tourist attraction and National Historic Landmark (NHL); serves local residents as the primary commercial corridor within the Whitehaven community; and acts as an alternative route to nearby I-55 for regional truck traffic serving the area around the Memphis International Airport. The project corridor, between SR 175/East Shelby Drive and I-55, is approximately 2.81 miles in length and has been divided into three segments. Segment 1 (1.60 miles in length), from SR 175/East Shelby Drive to Craft Road, consists of four to five travel lanes with a center turn lane within 80 to 90 feet of right-of-way (ROW). Segment 2 (0.69 mile in length), which contains Graceland, extends from Craft Road to Winchester Road and is considered the priority segment for improvements. ROW along Segment 2 ranges from 91 to 121 feet, with the widest ROW adjacent to the Graceland Elvis Presley Boulevard Page 26 1
27 Programmatic Categorical Exclusion Elvis Presley Boulevard, City of Memphis, Shelby County, TN PIN property. The existing typical section along Segment 2 includes three southbound and two northbound travel lanes and a center turn lane. Through the Graceland property frontage, the turn lane is replaced by a raised grass, landscaped median. North of the Graceland property, the roadway widens to six travel lanes and the median is replaced by a center turn lane. Segment 3 (0.62 mile in length), from Winchester Road to I-55, consists of six travel lanes and a center turn lane within 100 feet of ROW. There are six-foot existing sidewalks in some locations along the project corridor. The proposed projects meet all criteria of the September 10, 2007 Programmatic Agreement between the Federal Highway Administration (FHWA) and TDOT (attached). Project Description Proposed project improvements were evaluated in a Transportation Planning Report (TPR), approved by TDOT in July of Two alternatives were studied for each of the three project segments described above. The City of Memphis selected Alternative 1 for all three of the segments because it would have substantially fewer property impacts but would still meet the project purpose and need. The City of Memphis proposes streetscape improvements along a 2.81-mile long segment of Elvis Presley Boulevard from SR 185/East Shelby Drive to I-55. Improvements proposed for all segments of the project corridor include: New or upgraded sidewalks and crosswalks; Landscaping; New lighting standards; Curb and gutter; A buffer strip that can accommodate landscaping between the curb and sidewalk; and New pavement. Specific improvements proposed for each of the three project segments are outlined below: Segment 1, Alternate 1: Improvements proposed for Segment 1 include two 10-foot inside travel lanes, two 14-foot outside travel lanes to accommodate a shared vehicle/bicycle lane, a 12-foot center turn lane with special pavement treatment, 2-foot curb and gutter on each side of the roadway, 5-foot sidewalks on both sides of the roadway, and a 3-foot buffer between curb and sidewalk to accommodate landscaping and lighting. Segment 2, Alternate 1: Improvements proposed for Segment 2 include six 11-foot travel lanes, a 12-foot center turn lane with raised median, 2-foot curb and gutter on each side of the roadway, 8-foot sidewalks on both sides of the roadway, and a 4.5-foot buffer between curb and sidewalk to accommodate landscaping and lighting. In front of the Graceland property at the location of the observational pull-out, the improvements will also include a 5-foot landscaping zone adjacent to the roadway curb, an additional 20 feet of pavement, and a 7.5-foot sidewalk to accommodate vehicles and pedestrians stopping along the roadway to take photographs of the Graceland property. Segment 3, Alternate 1: Improvements proposed for Segment 3 include six 11-foot travel lanes, a 12-foot center turn lane with special pavement treatment, 2-foot curb and gutter on both sides of the roadway, 5-foot sidewalks on both sides of the roadway, and a 4-foot buffer between curb and sidewalk to accommodate landscaping and lighting. All proposed improvements will occur primarily within existing ROW, with only minimal additional ROW required. No ROW would be acquired from the historic Graceland property. Elvis Presley Boulevard Page 27 2
28 Programmatic Categorical Exclusion Elvis Presley Boulevard, City of Memphis, Shelby County, TN PIN Purpose and Need The purpose and need for the proposed project was defined in the TPR. Elvis Presley Boulevard serves as both a gateway to an important tourist attraction, Graceland, as well as the major commercial corridor for residents of the Whitehaven community. Commercial decline, with increased vacancies and neglect, has resulted in an increase in crime and a deteriorated appearance along a corridor intended to welcome visitors to both Graceland and the City of Memphis. A variety of economic development plans prepared by local residents, the City and Elvis Presley Enterprises, Inc. (the company managing Graceland and related attractions) call for improvements along the corridor to spur redevelopment and create a more appropriate and welcoming gateway entrance to Graceland and the City. Due to the age of the roadway and the heavy levels of truck traffic, the road condition has deteriorated, creating safety issues in the area. Additionally, the high levels of pedestrian traffic associated with Graceland and the lack of both pedestrian-friendly crossings and continuous sidewalks create an unwelcoming and potentially unsafe environment for tourists and other pedestrians moving through the corridor. The purpose of the proposed project, as defined in the TPR, includes: 1. Support Memphis tourism goals; 2. Support planned economic development and enhance opportunities for redevelopment; 3. Address safety issues and deficiencies along the corridor; and 4. Enhance multimodal travel in the Whitehaven area. Right or Way and Relocation Impacts This project will be constructed within the existing right of way. This project will not involve any relocations. Should it be found that any new right of way or easements be required Local Government will carry out a right-of-way and relocation program. This program will be in accordance with the Tennessee Uniform Relocation Assistance Act of 1972 and the Uniform Relocation and Assistance and Real Property Acquisition Policies Act of 1970 (Public Law ). Cultural Resources Section 4 (f) of the U.S. Department of Transportation Act of 1966 (as amended) The proposed project will not affect any lands or properties protected under Section 4 (f). No public parks or recreation lands, wildlife or waterfowl refuges, or known historical or archaeological sites of local, state or national significance, as listed in the National Register of Historic Places will be involved. Section 106 of the National Historic Preservation Act of 1966, Native American Coordination The 2001 Advisory Council on Historic Preservation regulations, 36 CFR 800, stipulates that Indian tribes that attach religious and cultural significance to properties that may be affected by an undertaking be invited to participate in the project review process as consulting parties. This project is exempt from this requirement as it requires no new right of way. Archaeological, Historical Preservation, Architectural Survey and Findings Pursuant to compliance with Section 106 of the National Historic Preservation Act and implementing regulations 36 CFR 800, a survey is required by Local Government Contract Cultural Resource employees to identify National Register listed or eligible resources (eligibility criteria are set forth in 36 CFR 60.4) within the area of potential effect of the proposed project. The surveyed includes areas that might possibly be affected by changes in air quality, noise levels, setting, and land use. It is the opinion of the Local Government that the project, as Elvis Presley Boulevard Page 28 3
29 Programmatic Categorical Exclusion Elvis Presley Boulevard, City of Memphis, Shelby County, TN PIN presently designed, will have no effect on any archaeological, architectural or historical resources included in or eligible for inclusion in the National Register of Historic Places and that there will be no Section 4(f) use of a historic property. The State Historic Preservation Officer has concurred with this finding and his letter of concurrence is included in the Appendix of this document Endangered Species Act of 1973 Coordination with the US Fish and Wildlife Service (USFWS) was undertaken regarding potential impacts to threatened and endangered species. In a letter dated October 27, 2009 (see attachments), the USFWS responded that available records did not indicate the presence of federally-listed threatened or endangered species in the project area. The USFWS stated that the proposed project did not appear to adversely impact fish and wildlife or their habitats, and the agency expressed no opposition to the proposed project. Fish and Wildlife Coordination Act of 1958 As the proposed project does not cross any streams and occurs primarily within existing ROW, no channelization is anticipated as a result of the proposed project. In a letter dated October 27, 2009 (see attachments), the USFWS concurred that the proposed project would have no adverse impacts on fish and wildlife or their habitats. Executive Order Floodplain Management According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, 100-year floodplains associated with Nonconnah Creek are located near the northern project terminus at I-55. A map depicting floodplains and their relationship to the project area is included in the attachments. As the proposed project involves streetscaping primarily within the existing ROW, the project is not anticipated to encroach upon the floodplain or impact beneficial floodplain values in the project area. Executive Order Wetlands National Wetlands Inventory (NWI) maps indicate that there are no known wetlands located within the project area. The nearest wetland is located approximately 1,200 feet east of the project corridor. A map depicting this wetland is included in the attachments. As there are no wetlands located within the project area, no wetland impacts are anticipated to result from the proposed project. Section 106 of the National Historic Preservation Act of 1966 Pursuant to Section 106 of the National Historic Preservation Act, a report outlining the potential historic/architectural and archaeological resources within the project area was prepared and submitted to the State Historic Preservation Office (SHPO) for review. The report, Assessment of Historic Architectural and Archaeological Resources and Project Effects, identified one historic property within the project s area of potential effect (APE): Graceland, the former home of Elvis Presley. As no land will be taken from within the NHL boundary of the property and the project is intended to enhance the setting around Graceland by upgrading the aesthetics and making the area more pedestrian-friendly, the report found that the property will not be adversely affected. Additionally, the land within the ROW where the project will occur has been previously disturbed by past roadway construction activities including roadway pavement, curbed median, curb and gutter, sidewalks and installation of utility lines and poles. As the proposed project involves the replacement of these features and no excavation work is anticipated to go below the grade of previous excavations, no impacts to potential archaeological resources are anticipated. Elvis Presley Boulevard Page 29 4
30 Programmatic Categorical Exclusion Elvis Presley Boulevard, City of Memphis, Shelby County, TN PIN In a letter dated November 23, 2009 (see attachments), the SHPO concurred with the findings of the report that the proposed project will have no adverse impacts on historic architectural or archaeological resources within the project area. Hazardous Materials According to a search of EPA CERCLIS and TDEC databases, there are no known hazardous materials sites located in the proposed project area. Three sites listed in the state s Dry Cleaner Environmental Response Program (DCERP) are located along Elvis Presley Boulevard. Additionally, there are 23 gas and service stations that operate Underground Storage Tanks (USTs) in the project area. The locations of the DCERP sites and USTs are identified on a map included in the attachments. As the proposed project consists primarily of roadway resurfacing and reconstruction of deteriorated sidewalks largely within the existing ROW, impacts to USTs and DCERP sites are not anticipated. Air Quality This proposed project is exempt from transportation conformity per 40 CFR Since the proposed project is exempt from conformity, it is further exempt from Mobile Source Air Toxics (MSATs) analysis. Noise As the proposed project is not a Type I project, a noise study is not required. Bicycle and Pedestrian Impacts Accommodating Bicycle and Pedestrian Travel: A Recommended Approach is a policy statement adopted by the United States Department of Transportation. The Design Guidance incorporates as a key principle a policy statement that bicycling and walking facilities will be incorporated into all transportation projects unless exceptional circumstances exist. It is the policy of TDOT to routinely integrate bicycling and walking options into the transportation system as a means to improve mobility and safety of non-motorized traffic. This project will comply with the intent of this policy and will provide bicyclists and pedestrians full access to the project. Construction Impacts Adverse impacts from construction are primarily short-term in duration or exist only during construction periods. Some construction inconveniences such as noise, dust, traffic conflicts, etc., are unavoidable Elvis Presley Boulevard Page 30 5
31 Programmatic Categorical Exclusion Elvis Presley Boulevard, City of Memphis, Shelby County, TN PIN Conclusion The above findings demonstrate that the project as proposed will not directly, indirectly or cumulatively have any significant environmental impacts. Therefore it is the finding of the Local Government that this project complies with the criteria for Categorical Exclusions (CEs) for certain projects identified in 23 CFR Part 771.I 17(d). The Local Government further finds that this project meets the conditions identified in September 2007 Programmatic Categorical Exclusion agreement with the Federal Highway Administration (FHWA). This memorandum and the attached appendix document this determination. The undersigned hereby certifies that I have read and understand the Programmatic Categorical Exclusion Agreement between the Federal Highway Administration Tennessee Division and the Tennessee Department of Transportation (TDOT). I further certify that this project has been appropriately coordinated with the US Fish and Wildlife Service and the Tennessee State Historic Preservation Office. Signed Copy on file with the Local Government Wain Gaskins, P.E. City of Memphis, City Engineer Date: Signature of the highest ranking person in the local government having direct supervisory responsibility for the project, With Attachments Elvis Presley Boulevard Page 31 6
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