US101-Or6 Proposed de Minimis Impact Finding

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PROPOSED SECTION 4(f)DEMINIMISIMPACT FINDING FOR

HOQUARTEN INTERPRETIVETRAIL PARK

Key Number 14313Federal Aid Number S009(354)

June 4, 2012

Proposed Section 4(f) De MinimisImpact FindingComment Period:

June 4 to Jul 6, 2012


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PROPOSED SECTION 4(F) DE MINIMIS IMPACT FINDING FOR HOQUARTEN INTERPRETIVE TRAIL PARK

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Proposed Section 4(f) De MinimisImpactFinding for Hoquarten Interpretive Trail Park

For the Tillamook US 101/OR 6 Projects Build Alternative (Figure 1 in Attachment 1), theFederal Highway Administration (FHWA) proposes a Section 4(f) de minimis impact findingfor Hoquarten Interpretive Trail Park, which is owned and managed by the City ofTillamook.

De minimis impacts for parks are defined as those that do not adversely affect the features,attributes, or activities qualifying the property for protection under Section 4(f). A deminimis impact finding is based on the degree or level of impact, including any avoidance,minimization, and mitigation or enhancement measures that are included in the project toaddress the Section 4(f) use. The expected positive effects of any measures included in a

project to mitigate the adverse effects on a park or recreational resource are taken intoaccount when determining whether the impact on the park or recreational resource is deminimis.

The following letter from the Oregon Department of Transportation (ODOT) to FHWA andits attachments are in draft form because public input is required on the proposed de minimisImpact Finding before FHWA can issue the finding as final. After coordination with the Cityof Tillamook and public input is received, and if the Build Alternative is identified by ODOTas the Preferred Alternative, the FHWA Division Administrator will make the final deminimis impact finding.

A determination of Section 4(f) de minimis impact on parks and recreation areas may bemade when the following criteria are satisfied (included are ODOTs and FHWAspreliminary findings for each criterion):

1. The transportation use of the Section 4(f) resource, together with any impact avoidance,minimization, and mitigation or enhancement measures incorporated into the project, does notadversely affect the activities, features, and attributes that qualify the resource for protectionunder Section 4(f).

Proposed Finding: As described herein, the amount of parkland to be permanentlyincorporated by the project would be less than 1 percent of the size of Phase One of thepark and would not disrupt any of the functions or attributes of the park, as this portionof the park does not contain any park amenities. Moreover, as a result of the project, the

overall size of Phase One of the park would be increased by approximately 11 to 18percent.

The relocation of the parks parking lot facility would result in the addition of fourvisitor parking spaces compared to the existing lot (one extra lot space and three on-street spaces adjacent to the proposed new parking lot).

In totality, the project would result in an increased benefit to public recreation use ofHoquarten Interpretive Trail Park.


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2. The official(s) with jurisdiction over the Section 4(f) property are informed of DOTs intent tomake the de minimis impact determination based on their written concurrence that the projectwill not adversely affect the activities, features, and attributes that qualify the property forprotection under Section 4(f).

Proposed Finding: ODOT informed the City of Tillamook of the potential of FHWAmaking a Section 4(f) de minimis impact determination. After the public comment periodand if the Build Alternative is identified by ODOT as the Preferred Alternative, FHWAwould seek concurrence with the City of Tillamook that the project would not adverselyaffect the activities, features, and attributes that qualify the property for protection underSection 4(f).

3. The public has been afforded an opportunity to review and comment on the effects of the projecton the protected activities, features, and attributes of the Section 4(f) resource.

Proposed Finding: This preliminary finding has been released and made available forpublic comment for a period of 30 days, concurrent with the public comment period forthe projects Alternatives Analysis Report, which will include a combined public hearing

and open house. FHWA will consider all comments on the proposed de minimis ImpactFinding prior to issuing a final finding.

Based on the proposed findings to date, the Build Alternative would result in de minimisimpact at Hoquarten Interpretive Trail Park.

The remainder of this document contains:

Draft Letter from ODOT to FHWA documenting the proposed de minimis ImpactFinding (final is pending)

Attachment 1 Section 4(f) de minimis Property and Project Maps

Attachment 2 Section 4(f) de minimis Public Outreach Summary (pending) Attachment 3 Written Support from Official with Jurisdiction for Section 4(f) de

minimis (pending)

Attachment 4 FHWA Reporting Information for Section 4(f) de minimis


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Hoquarten Interpretive Trail Park de minimis Impact Finding

DRAFT and PENDING

[Date pending]

Cindy CallahanEnvironmental SpecialistFederal Highway AdministrationOregon Division530 Center Street, NE, Suite 420Salem, Oregon 97301

Subject: ProposedDe Minimis Impact Finding for Hoquarten Interpretive Trail ParkTillamook US 101/OR 6 ProjectOregon Coast Highway

Tillamook, OregonODOT Key No. 14313Federal Aid Number S009(354)

Dear Ms. Callahan:

This letter requests FHWA approval of a Section 4(f) de minimis impact finding forHoquarten Interpretive Trail Park associated with the proposed Tillamook US 101/OR 6Project (project). On [date pending, should the Build Alternative be selected], the OregonDepartment of Transportation (ODOT) identified the Build Alternative as the projectsPreferred Alternative. Identification of the Preferred Alternative followed a 30-day publiccomment period on the projectsAlternatives Analysis Report, which included a public

hearing. Based on findings in the AA Report, the project will improve mobility and safety onUS 101 and OR 6 in downtown Tillamook and across Hoquarten Slough by extendingPacific Avenue approximately one block north of 1st Street in downtown Tillamook,constructing a new US 101 bridge across Hoquarten Slough, and making varioustransportation improvements in downtown Tillamook (Figure 1 in Attachment 1). Theprojects compliance with the National Environmental Policy Act will be documented as aCategorical Exclusion, to be prepared by ODOT and FWHA.

A Section 4(f) de minimis impact finding is proposed for the Hoquarten Interpretive TrailPark. The City of Tillamook owns and maintains Hoquarten Interpretive Trail Park, whichincludes two areas Phase One and Phase Two. Phase One is located south of HoquartenSlough. The approximately 2.20 acre portion of the park includes a paved multi-use trail,

benches, scenic views, and a paved parking lot (Figure 2 in Attachment 1). The primaryPhase One park uses are walking the trail, wildlife viewing, and environmental education.Phase Two of the park is approximately 19.48 acres and is located north of HoquartenSlough. Phase 2 currently has no improvements and it has no public access. The City ofTillamook has a long-term plan to extend the trail system within Phase One acrossHoquarten Slough to Phase Two.


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[Date pending] - DRAFTCindy Callahan, FHWAProposed de minimis Impact Finding for Hoquarten Interpretive Trail ParkTillamook US 101/OR 6 Project

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As part of the Tillamook US 101/OR 6 Project, ODOT will permanently acquire (fee simple)

from the City approximately 95 square feet from Hoquarten Interpretive Trail Park (PhaseOne) to construct the new Pacific Avenue extension. The park land that will be acquired,which is currently an undeveloped area with no landscaping, will be converted totransportation use by the project. The transportation use will be a portion of the sidewalk onthe east side of the Pacific Avenue extension. No park-related activities or amenitiescurrently occur in this area. The projects conceptual engineering to date has included effortsto avoid or minimize property acquisition from Hoquarten Interpretive Trail Park. ODOTundertook these efforts through coordination with the City of Tillamook. Examples ofmeasures that ODOT took during conceptual design include reducing park encroachmentvia the elimination of spiraled curve design for the Pacific Avenue extension and using onereplacement bridge over Hoquarten Slough instead of maintaining the existing bridge and

adding a new bridge for northbound traffic.

In addition to the permanent acquisition of park land, ODOT will acquire from the City apermanent maintenance easement of approximately 950 square feet in area in thesouthwestern corner of Phase One of the park. The permanent easement will provide accessfor ODOT to maintain the new retaining wall that will provide support for Pacific Avenue(US 101 northbound). The permanent maintenance easement area currently consists of apaved portion of the park (part of the existing parking lot that will be removed) and anunvegetated/undeveloped portion of park land. No park-related activities or amenitiescurrently occur in this area. The permanent maintenance easement agreement between theCity of Tillamook and ODOT will stipulate what actions, vegetation, and improvements willbe allowed within the easement area. In general, the easement area will likely be vegetated

with grass and will be kept relatively flat and free of permanent features and obstructions(including trees and shrubs). Through review of the proposed permanent easement, ODOTand the City have determined that the easement would not adversely affect any existing orplanned activities, features or attributes of the park.

ODOT will include in the final design and construction of the project the followingmitigation actions:

A new public street will be constructed on the east side of the Pacific Avenue extension(US 101 northbound) that will provide access to Hoquarten Interpretive Trail Park and anew parking lot. The new parking will be located south of existing park boundary on aportion of the Port of Tillamook Bay right-of-way and a privately-owned parcel

currently with a motel (see Figure 1). The new parking lot will not be located on existingpark property. This new parking lot will provide six parking spaces one more parkingspace than the existing parking lot. Three additional parking spaces will be provided onthe public street immediately adjacent to the newly relocated parking lot, for a netincrease of four parking spaces.

The existing parking lot will be converted to park use and the existing impervioussurface will be replaced with a pervious landscaped surface. A landscaping plan,


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including identification of plant species, will be developed by ODOT, in consultation

and in agreement with the City, during final design and construction.

The existing trail within the park will be connected to the new parking lot via a newconcrete trail of similar specifications to the existing trail.

All areas of the park that will have project construction activities will be restored toconditions that will be equal to or better than existing conditions.

ODOT intends to design the new bridge across Hoquarten Slough so that the City wouldhave the opportunity to construct a footpath under the bridge on ODOT right-of-waythat would connect the Hoquarten Interpretive Trail and Sue H. Elmore parks. Theconnecting footpath, which would be on the south bank of Hoquarten Slough, is not

currently within an adopted park master plan.

The overall size of the park will increase because ODOT will perform the following actions:

Acquire property from the Port of Tillamook Bay south of the existing boundary ofHoquarten Interpretive Trail Park. After construction, ODOT will transfer between 0.15and 0.21 acre of land to the City of Tillamook to incorporate into Hoquarten InterpretiveTrail Park.

Acquire property from a privately-owned parcel south of the Port of Tillamook Bayproperty (currently contains a motel and restaurant) to construct the Pacific Avenueextension (US 101 northbound). After construction, ODOT will transfer approximately0.09 to 0.19 acre of that land to incorporate into Hoquarten Interpretive Trail Park.

The range in the overall increase of park area will depend on the area ODOT will retainfor maintenance, which will determine the western park boundary of the park (FigureC-2). Therefore, the area to be transferred to the City of Tillamook to incorporate intoHoquarten Interpretive Trail Park will be determined during the final design process.

In summary, the area of Hoquarten Interpretive Trail Park will increase by betweenapproximately 0.24 and 0.40 acre. This 11 to 18 percent increase in Phase One park area andthe increase in off-street and nearby on-street parking capacity will provide increasedbenefits to public recreation use. As a result, the projects use of approximately 95 squarefeet of park land and the 950 square foot maintenance easement will not adversely affect theactivities, features and attributes of the Hoquarten Interpretive Trail Park and ODOT seeksFHWA concurrence with this finding.

ODOT announced the proposed Section 4(f) de minimis Impact Finding and comment periodon the project website (http://www.tillamooktraffic.org) during June 2012 and in anadvertisement published in the TillamookHeadlight-Herald newspaper on June 6, 2012. Acopy of the advertisement is included as Attachment 2 of this package. The project websiteprovided users with a review copy of the proposed de minimis Impact Finding and with theability to fill out an online form to comment on the proposed de minimis Impact Finding. The


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public could also request a hard copy of the propose de minimis impact finding via the

project web page, phone or mail. A copy of the proposed de minimis Impact Finding was alsoincluded in the AA Report as Appendix D. ODOT established the comment period on theprojects AA Report and the proposed de minimis Impact Finding as June 4 to July 6, 2012.ODOT also solicited comment on the proposed de minimis Impact Finding at a June 20, 2012combined public hearing and open house for the Alternative Analysis Report. ODOTreceived [number of comments pending] substantive comments regarding the proposed deminimis Impact Finding.

This submission includes the following four attachments: (1) Maps of the project andHoquarten Interpretive Trail Park; (2) Summary of public involvement activities andoutcomes associated with the proposed de minimis Impact Finding; (3) Written concurrencefrom the City of Tillamook official with jurisdiction documenting their concurrence with thede minimis impact finding; and (4) FHWA reporting information.

If you have any questions, please contact Bill Johnston, ODOT, at (503) 325-5281 or ChrisBell, ODOT, at (503) 986-3853.

Pending your concurrence, please transmit an approved finding to ODOTs Geo-Environmental administrative personnel for appropriate distribution.

Sincerely,

James NormanEnvironmental Planning Unit Manager


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The FHWA makes a Section 4(f) de minimis impact finding for Hoquarten Interpretive Trail

Park for the Tillamook US 101/OR 6 project as described in this document.

______________________________ _____________Phillip A. Ditzler DateOregon DivisionFederal Highway Administration

Attachments

Copies to:Bill Johnston, ODOTJames T. Potter, ODOTChris Bell, ODOTNorm Rauscher, ODOTLeon Skiles, Leon Skiles & Associates, Inc.


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ATTACHMENT 1

Section 4(f) de minimisProperty and Project Maps

Tillamook US 101/OR 6 Project

ODOT Key No. 14313

Federal Aid No. S009(354)


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FIGURE 1

Tillamook US 101/OR 6 Project Build Alternative


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ATTACHMENT 2

Section 4(f) de minimisPublic Outreach Summary


ODOT Key No. 14313


Public Notice ODOT announced the proposed de minimis Impact Finding and commentperiod on the project website (http://www.tillamooktraffic.org) and in an advertisementpublished in the Tillamook Headlight-Herald newspaper on June 6, 2012. The project websiteprovided users the ability to fill out an online form to comment on the proposed de minimisImpact Finding.

Outreach Events

Comments Received

Response to Comments


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ATTACHMENT 3

Written Support from Official with Jurisdiction for Section 4(f) de minimis


ODOT Key No. 14313


(PENDING)


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ATTACHMENT 4

FHWA Reporting Information for Section 4(f) de minimis

Hoquarten Interpretive Trail Park


ODOT Key No. 14313


Route US 101 (Oregon Coast Highway)

Project Name Tillamook US 101/OR 6 Project

Project Length in Miles 0.4-mile north-south on US 101; 0.2-mile east-west on OR 6

Has the project received TransportationEnhancement funds? Has an application for TE

funds for this project been submitted? Or is itplanned?

No

Type of project (bridge, intersection, newalignment, safety, widening). Select only one.

Safety

Complete project cost Approximately $21.7 million (2015 dollars)

NEPA Class of action Categorical Exclusion

Number of 4(f) resources in the project 3

List of all 4(f) resources in the project Hoquarten Interpretive Trail Park (park resource)Sue H. Elmore Park (park resource)310 Main Avenue (historic resource)

De minimismitigation (includes purchase of right-

of-way consistent with the Uniform Act)

Hoquarten Interpretive Trail Park:

Purchase of right-of-way consistent with theUniform Act

Construct a new parking lot with one moreparking space than the existing parking lot.Three additional parking spaces would beprovided on the public street immediatelyadjacent to the new relocated parking lot, fora net increase of four parking spaces.

Convert the existing parking lot to park use.The impervious surface would be replacedwith landscaped pervious surface. Alandscape plan would be developed byODOT in consultation and agreement withthe City of Tillamook during final design andconstruction.

Acquire and transfer approximately 0.15 to0.21 acre of land from the Port of TillamookBay property immediately south of the parkfrom ODOT to the City of Tillamook toincorporate into Hoquarten Interpretive TrailPark


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Acquire and transfer approximately 0.09 to0.19 acre of land from the privately-ownedparcel south of the Port of Tillamook Bayproperty from ODOT to the City of Tillamookto incorporate into Hoquarten InterpretiveTrail Park

De minimisimpacts Hoquarten Interpretive Trail Park: Acquire approximately 95 square feet from

Hoquarten Interpretive Trail Park

Close the existing Hoquarten InterpretiveTrail Park vehicular access to US 101 andrelocate parking lot

Acquire a permanent easement ofapproximately 950 square feet in thesouthwest corner of Hoquarten InterpretiveTrail Park

Size of the de minimisuse in acres Hoquarten Interpretive Trail Park:

Documents

US101-Or6 Proposed de Minimis Impact Finding