HomeMy WebLinkAbout62-14 RESOLUTIONRESOLUTION NO.62-14
A RESOLUTION AUTHORIZING THE SALE OF APPROXIMATELY 4.28
ACRES OF RIGHT-OF-WAY AND A TEMPORARY CONSTRUCTION
EASEMENT TO THE ARKANSAS STATE HIGHWAY COMMISSION FOR
THE TOTAL AMOUNT OF $15,050.00 TO FACILITATE THE
REPLACEMENT OF THE HIGHWAY 16 BRIDGE ACROSS THE MIDDLE
FORK OF THE WHITE RIVER
WHEREAS, the City Council of the City of Fayetteville specifically finds that certain
real property described in the attached Exhibits "A" and `B" is no longer needed for municipal
purposes; and
WHEREAS, said property is needed by the Arkansas State Highway Commission as
right-of-way for the replacement of the Highway 16 bridge across the Middle Fork of the White
River,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the sale of approximately 4.28 acres of right-of-way described in the proposed Contracts to Sell
attached to this Resolution as Exhibits "A" and `B", to the Arkansas State Highway Commission
for the amount of $15,025.00 to facilitate the replacement of the Highway 16 bridge across the
Middle Fork of the White River.
Section 2. That the City Council of the City of Fayetteville, Arkansas further approves a
temporary construction easement as described in the attached Exhibit "C" in favor of the
Arkansas State Highway Commission for the amount of $25.00 to facilitate the bridge
replacement.
Section 3. That the Mayor is authorized to execute all deeds and agreements necessary to
effectuate the transfer.
PASSED and APPROVED this 18t' day of March, 2014.
APPROVED: ATTEST:
A /]
SONDRA E. SMITH, City Clerk/sT`juY 0
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FAYETTEVILLE -" '...
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ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Scott E. Bennett P.O. Box 2261
Director q�T Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 1 o Telefax (501) 569-2400
VoicefM 711 www.arkansashighways.com
April 7, 2014
City of Fayetteville
113 W Mountain Road
Fayetteville, AR 72701
Re: Job 040641
Middle Fork White River Str. & Apprs.
(Fayetteville)
Washington County
Tracts: 1, 4 & 4E1
Dear Property Owner:
The Contracts to Sell which you executed on March 18, 2014, in favor of the Arkansas State
Highway Commission in connection with the above job have been accepted.
Warrants totaling $15,050.00 will be requisitioned from the Treasury of the State of Arkansas in
accordance with the Contract to Sell. Once we have verified title to the property, you will be
paid upon your execution of a deed and the release, if necessary, of any mortgages or
encumbrances upon the land conveyed by the deed.
We will expedite this matter as rapidly as possible. If there are reasons, which necessitate more
than 45 days from the date of this letter to make full payment, you shall be advised by letter.
Your cooperation is appreciated, and we trust this has been handled to your satisfaction.
Yours truly,
Perry M. Johnston
y, Division Head
D- Right of Way Division
PMJ:lt
r
JOB NAME: Middle Fork White tuver Str. & Apprs. (Fayetteville) JOb 040641
TRACT 1
ORIGINAL CONTRACT TO SELL tCANS:4S STATE HIGHWAY
REAL ESTATE FOR HIGHWAY tURrOS n TRIA' :? C> TATIO(V DEFT.
RECEIVED
Grantor: City of Fayetteville APR 7 2014
Address: POC: Connie Edmonston
113 West Mountain Rd.; Fayetteville, AR 72701
ADMINISTRATIVE SECTION
Grantee: ARKANSAS STATE HIGHWAY COMMISSION RIGHT OF WAY DIVISION
IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned
does hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas,
upon the terms and conditions hereinafter stated, the right to purchase the following described real estate, save
and except the oil and gas only therein and thereunder, situated in the County of Washington, State of
Arkansas, to wit:
LEGAL DESCRIPTION
Part of the West half Southeast Quarter and part the Southeast Quarter of the Southeast Quarter, all being in of
Section 21, Township 16 North, Range 29 West, Washington County, Arkansas more particularly described as
follows:
Commencing at a 5/8 inch rebar being used as the Center South Sixteenth Corner of Section 21; thence South
87' 18' 07" East along the South line of the Northwest Quarter of the Southeast Quarter of Section 21 a distance
of 946.61 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as eastablished by
AHTD Job 9424 to the POINT OF BEGINNING; thence in a Northwesterly direction along said right of way
line on a curve to the right having a radius of 1657.47 feet a distance of 419.55 feet having a chord bearing of
North 41' 30' 40" West a distance of 418.43 feet to a point; thence North 34' 15' 34" West along said right of
way line a distance of 239.33 feet to a point on the Northeasterly right of way line of Arkansas State Highway
16 as established by AHTD Job 040641; thence South 56° 15' 51" East along said right of way line a distance of
107.81 feet to a point; thence South 35' 53'55" East along said right of way line a distance of 294.50 feet to a
point; thence South 37° 40' 16" East along said right of way line a distance of 190.75 feet to a point; thence
South 49' 40' 23" East along said right of way line a distance of 190.75 feet to a point; thence South 511 10' 07"
East along said right of way line a distance of 190.29 feet to a point; thence South 55' 56' 34" East along said
right of way line a distance of 174.57 feet to a point; thence South 551 56'59" East along said right of way line a
distance of 375.01 feet to a point; thence South 46' 07' 29" East along said right of way line a distance of 50.74
feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job
9424; thence North 55' 58' 00" West along said right of way line a distance of 708.92 feet to a point; thence in
a Northwesterly direction along said right of way line on a curve to the right having a radius of 1657.47 feet a
distance of 208.40 feet having a chord bearing of North 52' 21' 53" West a distance of 208.26 feet to the point
of beginning and containing 0.79 arces more less as shown on plans prepared by the AHTD referenced as Job
040641.
AND ALSO:
Part of the Southeast Quarter of the Southeast Quarter of Section 21, Township 16 North, Range 29 West,
Washington County, Arkansas more particularly described as follows:
Commencing at an iron pin (State Monument) being used as the Section Corner of Section's 21, 22, 27 and 28;
thence North 02' 30' 33" East along the East line of the Southeast Quarter of the Southeast Quarter of Section
21 a distance of 374.81 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as
established by AHTD Job 9424; thence in a Northwesterly direction along said right of way line on a curve to
the right having a radius of 1888.03 feet a distance of 38.97 feet having a chord bearing of North 67' 59' 30"
West a distance of 38.97 feet to a point; thence continue in a Northwesterly direction along said right of way
line on a curve to the right having a radius of 1888.03 feet a distance of 326.87 feet having a chord bearing of
North 62' 26' 26" West a distance of 326.46 feet to the POINT OF BEGINNING; thence continue in a
Northwesterly direction along said right of way line on a curve to the right having a radius of 1888.03 feet a
distance of 49.90 feet having a chord bearing of North 56' 43' 25" West a distance of 49.90 feet to a point;
thence North 55' 58' 00" West along said right of way line a distance of 200.11 feet to a point on the
Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job 040641; thence
South 65' 37' 37" East along said right of way line a distance of 50.72 feet to a point; thence South 55' 56' 59"
East along said right of way line a distance of 150.00 feet to a point; thence South 47' 05' 27" East along said
right of way line a distance of 50.60 feet to the point of beginning and containing 0.04 arces more less as shown
on plans prepared by the AHTD referenced as Job 040641.
AND ALSO:
Part of .the Southeast Quarter of the Southeast Quarter of Section 21 and part of the Southwest Quarter of the
Southwest Quarter of Section 22 all being in, Township 16 North, Range 29 West, Washington County,
Arkansas more particularly described as follows:
Commencing at an iron pin (State Monument) being used as the Section Corner of Section's 21, 22, 27 and 28;
thence North 02' 30' 33" East along the East line of the Southeast Quarter of the Southeast Quarter of Section
21 a distance of 374.81 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as
established by AHTD Job 9424 to the POINT OF BEGINNING; thence in a Northwesterly direction along said
right of way line on a curve to the right having a radius of 1888.03 feet a distance of 38.97 feet having a chord
bearing of North 67' 59' 30" West a distance of 38.97 feet to a point on the Northeasterly tight of way of
Arkansas State Highway 16 as established by AHTD Job 040641; thence South 79' 43' 26" East along said
right of way line a distance of 241.75 feet to a point; thence South 76' 11' 11" East along said right of way line
a distance of 150.08 feet to a point; thence South 72' 23' 06" East along said right of way line a distance of
150.75 feet to a point; thence South 72128' 55" East along said right of way line a distance of 100.48 feet to a
point on the Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job 9424;
thence North 78' 03' 50" West along said right of way line a distance of 292.30 feet to a point; thence South 11'
56' 10" West along said right of way line a distance of 10.00 feet to a point; thence in a Northwesterly direction
along said right of way line on a curve to the right having a radius of 1888.03 feet a distance of 312.41 feet
having a chord bearing of North 730 19' 25" West a distance of 312.06 feet to the point of beginning and
containing 0.30 arces more less as shown on plans prepared by the AHTD referenced as Job 040641.
Total area to acquire containing 1.13 arces more or less.
G.A.
12/31/12
® Uncontrolled Access
❑ Partially Controlled Access -Access break from Station
❑ Fully Controlled Access
❑ Fully Controlled Access with a frontage road
❑ Maintenance Agreement
PREAUDITED AND ACCEPTED:
to Station
Property Manager to Negotiator
By Date
PAYMENTDUE ------------ -------- ------------------------------------------------------------------------------- 4$ ,000.00
(Appraised value offered by the Commission for real estate, including damages, if any, to the remainder; to be
paid after approval of title and execution of a deed as hereinafter provided).
The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within
ninety (90) days from date; and it is agreed that if within the time above specified, the said Commission shall
declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s)
will execute and sign a General Warranty Deed when presented by the Commission and receive payment of the
stated "Payment Due" from the said Commission, less any amount that may be found due and payable to any
mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated
herein to wit:
It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's Attorney
will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments
conveying title to the Arkansas State Highway Commission.
Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the
"Contract to Sell".
The Arkansas State Highway Commission is hereby authorized and directed to make payment of
the purchase funds for the conveyance to
Signature
Signature
Dated this-4.L*day of 0_A—
i afore
/)— , _ _ s II -/i A ffz )
Signature
��`��: • •G\T Y 0
t _
: FAYETTEVILLE:�
z:
ACKNOWLEDGMENT :;sy9'�kgNSP�.'�.`
STATE OF k011W) � i Oir0 •�`•
SS
COUNTY )
BE IT REMEMBERED, that on this day came before the undersigneo, a Nonc
Public, a ing within
and for the aforesaid County, on this day personally appeared 1,lon l� an,s * 14k)
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that.executed the same for consideration and purposes therein mentioned and set fo
WITNESS m hand and seal as such No Public this day of , 2 .
Y �`Y
MY COMMISSION EXPIRES:
M111�,.1L.
161, rel WE MA .I.
JOB NAME: Middle Fork White Kiver Str. & Apprs. (Fayetteville) JOn 040641
TRACT 4
ORIGINAL ARKANSAS STATE HIGHWAY
CONTRACT TO SELL AND TRAINS E I TIET. DEP
REAL ESTATE FOR HIGHWAY PURPOSES
APR 7 2014
Grantor: City of Fayetteville
Address: 113 W. Mountain Road; Fayetteville, AR 72701 ADMINISTRATIVE SECTION
RIGHT OF WAY DIVISION
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned
does hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas,
upon the terms and conditions hereinafter stated, the right to purchase the following described real estate, save
and except the oil and gas only therein and thereunder, situated in the County of Washington, State of
Arkansas, to wit:
LEGAL DESCRIPTION
Part of the South half of the Southeast Quarter of Section 21 and part of the Southwest Quarter of the Southwest
of Section 22 all being in, Township 16 North, Range 29 West, Washington County, Arkansas more particularly
described as follows:
Commencing at a half inch rebar with cap being used as the East Sixteenth Corner of Section 21; thence North
02' 42' 15" East along the East line of the Southwest Quarter of the Southeast Quarter of Section 21 a distance
of 863.47 feet to a point on the Southwesterly right of way line of Arkansas State Highway 16 as established by
AHTD Job 040641 to the POINT OF BEGINNING; thence North 550 00' 06" West along said right of way line
a distance of 45.14 feet to a point; thence North 19' 00' 49" East a distance of 84.10 feet to a point on the
Southwesterly right of way line of Arkansas State Highway 16 as established by AHTD Job 9424; thence South
55' 58' 00" East along said right of way line a distance of 1074.06 feet to a point; thence in a Southeasterly
direction along said right of way line on a curve to the left having a radius of 1988.03 feet a distance of 471.92
feet having a chord bearing of South 620 46' 01" East a distance of 470.81 feet to a point; thence continue in a
Southeasterly direction along said right of way line on a curve to the left having a radius of 1988.03 feet a
distance of 247.68 feet having a chord bearing of South 73' 08' 12" East a distance of 247.52 feet to a point;
thence South 30' 25' 39" West a distance of 44.57 feet to a point on the Southwesterly right of way line of
Arkansas State Highway 16 as established by AHTD Job 040641; thence North 79' 31' 40" West along said
right of way line a distance of 146.41 feet to a point; thence North 74' 24' 15" West along said right of way line
a distance of 213.92 feet to a point; thence North 64' 33' 04" West along said right of way line a distance of
216.31 feet to a point; thence North 56' 17' 44" West along said right of way line a distance of 405.93 feet to a
point; thence North 58' 40' 10" West along said right of way line a distance of 421.47 feet to a point; thence
North 48' 44' 08" West along said right of way line a distance of 79.63 feet to a point; thence North 55' 00' 06"
West along said right of way line a distance of 257.01 feet to the point of beginning and containing 3.15 arces
more less as shown on plans prepared by the AHTD referenced as Job 040641.
G.A.
12/31/12
® Uncontrolled Access
❑ Partially Controlled Access — Access break from Station to Station
❑ Fully Controlled Access,.
❑ Fully Controlled Access with a frontage road
❑ Maintenance Agreement r
PREAUDI ED AN C EPTED: Property Manager to Negotiator r j
.� / By Date
PAYMENTDUE---------------------------------------------------------------------------;--------;------------ 11� ,025.00
(Appraised value offered by the Commission for real estate, including damages if any, to the remainder; to be
paid after approval of title and execution of a deed as hereinafter provided).
The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within
ninety (90) days from date; and it is agreed that if within the time above specified, the said Commission shall
declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s)
will execute and sign a General Warranty Deed when presented by the Commission and receive payment of the
stated "Payment Due" from the said Commission, less any amount that may be found due and payable to any
mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated
herein to wit:
It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's Attorney
will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments
conveying title to the Arkansas State Highway Commission.
Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the
"Contract to Sell".
The Arkansas State Highway Commission is hereby authorized and directed to make payment of
the purchase funds for the conveyance to
Signature
Signature
Dated this 1 rTU-� day of � J j j iA 1 e , 20
Old 144,
Signature p���nrrur�
ACKNOWLEDGMENT
STATE OF )
) SS
COUNTY U19 )
G\T Y 0�'9SG'':
_ �: FAYE7TEVILLE *
�kANSQ'••��•�
��iON10O�``
BE IT REMEMBERED, that on this day came before the undersi ne�, a Notar Pu is ac wi
and for the aforesaid County, on this day personally appeared
well o to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that executed the same for consideration and purposes therein mentioned and set forth.
WI SS my hand and seal as such Notary Public this A_day of 20
MY COMMISSION EXPIRES:
NOT
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JOB: 040641
TRACT: 4E-1
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT City of Fayetteville for and in consideration of Twenty Five Dollars, ($25.00), and other
valuable considerations, to us cash in hand paid by the Arkansas State Highway Commission, the
receipt of which is hereby acknowledged, do hereby give and grant to the Arkansas State Highway
Commission, it's successors and assigns an exclusive temporary right of way and temporary easement
for the sole purposes necessary for Highway construction, together with free ingress and egress, to,
across, through and over the lands shown on the Right of Way Plans for Job No. 040641, and
designated as Tract No. 4E-1 situated in the County of Washington, State of Arkansas.
This temporary easement as conditioned above shall terminate when the above subject job has
been completed by the contractor and accepted by the Arkansas State Highway Commission.
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to
its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth.
WITNESS my signature of this. iday
Signature
ACKNOWLEDGMENT
STATE OF
SS
COUNTY {� )
BE IT REMEMBERED, that on this day came before the undersign d, a otaiy Public, acting within
and for the aforesaid County, on this day personally appeared
l ")NA well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that executed the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Publieday offflt 20
_4
U--A/AD3-,
MY COMMISSION EXPIRES:
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Scott E. Bennett P.O. Box 2261
Director N Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 NTp Telefax (501) 569-2400
Voice/TTY 711 www.arkansashighways.com
City of Fayetteville
POC: Connie Edmonston
113 West Mountain Rd.
Fayetteville, AR 72701
Re: Job 040641
Middle Fork White River Str & Apprs
(Fayetteville)
Washington County
Tract: 1
Dear Property Owner(s):
A negotiator for the Arkansas State Highway Commission has presented to you a Contract to
Sell offering to purchase the fee simple title to your property needed for highway purposes. A
description of the property needed is attached. The negotiator will contact you within 10 business
days for your response that should include all issues or concerns you may have regarding the
offer. It is anticipated that negotiations should be concluded within 30 calendar days from the
date of the initial contact.
The offer of $4,000.00 is based on the opinion of a qualified real estate appraiser. The offered
amount is based on the market value concept and is broken down as follows: $4,000.00 as just
compensation for the realty to be acquired, and $-0- for market damage to the remaining lands.
Should you elect to accept this offer, the State will determine if you convey a merchantable title,
and if so, a property deed conveying the land to the Arkansas State Highway Commission will be
prepared and you will be paid the amount contained in the written offer.
If you make a final rejection of this offer, and if the Arkansas State Highway Commission elects
to do so, a condemnation suite will be filed and the amount that the Arkansas State Highway
Commission has determined to be estimated just compensation for your property will be
deposited into the Registry of the Circuit Court of the County. You may at this time elect to
accept the amount deposited as just compensation for your property. If you elect to do so, the
Circuit Court will be asked to enter Judgment in the sum of the estimated just compensation and
this amount will be paid to you thereby, disposing of the condemnation suit.
Page 2
City of Fayetteville
If you do not elect to accept the amount deposited as estimated just compensation, than you may
withdraw the amount placed on deposit as estimated just compensation without prejudice to your
rights to claim additional compensation. In this event, you will be entitled to a trial by jury by
the Circuit Court of the County in which your lands are situated to determine just compensation
for your lands condemned.
n either event, payment of the estimatedjiiSi compensation wiii be iiiade available to you prior
to vacating your property.
Yours truly,
Perry M. Johnston
Division Head
Right of Way Division
PMJ:km
Chris Brown
Submitted By
City of Fayetteville Item Review Form
2014-0112
Legistar File Number
March 18, 2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
A RESOLUTION APPROVING THE SALE OF APPROXIMATELY 4.28 ACRES OF PROPERTY TO
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR USE AS
HIGHWAY RIGHT-OF-WAY ON THE HIGHWAY 16 MIDDLE FORK OF THE WHITE RIVER
BRIDGE REPLACEMENT.
Does this item have a cost? NO
Cost of this request
Account Number
Project Number
Budgeted Item?
Previous Ordinance or Resolution #
Original Contract Number:
Corn
�." Ar-� 3- V- /�
Category or Project Budget
Funds Used to Date
$0.00
Remaining Balance
Budget Adjustment Attached?
Program or Project Name
Program or Project Category
Fund Name
CITY OF
Tay I le
ARKANSAS
MEETING OF MARCH 18, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Chris Brown, City Engineer
DATE: February 26, 2014
SUBJECT: Sale of Right of Way on Highway 16 to the Arkansas Highway and
Transportation Department for improvements to the bridge over the Middle
Fork of the White River
RECOMMENDATION:
Staff recommends approval of the sale of approximately 4.28 acres of property to the Arkansas
Highway and Transportation Department for use as highway right of way on the Highway 16
Middle Fork of the White River bridge replacement.
BACKGROUND:
The Arkansas Highway and Transportation Department is planning a project to replace the
bridge over the Middle Fork of the White River. The proposed project includes a new bridge
that will accommodate 4 lanes of vehicular traffic, and will also include bike lanes and
sidewalks. The total project length, including roadway approach work, is approximately 3000
feet. The City owns property on both sides of the road in this area, as part of the property
surrounding Lake Sequoyah. A portion of this property will be needed by the AHTD for right
of way to construct the new bridge and approaches.
DISCUSSION:
AHTD is currently in the right of way acquisition phase of the project, and have presented the
City with offers for land on either side of Highway 16, as follows:
1) Tract 1, on the north side of the road, consists of approximately 1.13 acres. The AHTD
has offered $4,000 for this acreage.
2) Tract 4, on the south side of the road, consists of approximately 3.15 acres of right of
way and a small temporary construction easement for the construction of a driveway.
The AHTD has offered $11,025 for the right of way and $25.00 for the temporary
construction easement, for a total offer on this tract of $11,050.
In total, AHTD proposes to acquire 4.28 acres of City property. The total offer amount from
AHTD is $15,050 for the acquisition areas.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Many times in the past, the City has dedicated right of way to AHTD for highway widening
projects. Usually, this right of way is a conversion from City right of way to State right of way. In
this case, as was the case on Highway 265 adjacent to Lake Fayetteville, the AHTD is
proposing to acquire City property owned by the Water and Sewer Department and used as City
park property. Therefore, it is appropriate for the AHTD to pay fair market value to the City for
this land.
BUDGET/STAFF IMPACT:
Funds received will be transferred to the Water and Sewer Fund.
Attachments:
Tract 1 Offer Letter
Tract 4 & 4E-1 Offer Letter
Tract 1 Contract To Sell
Tract 4 Contract To Sell
Tract 4E-1 Temporary Construction Easement
Exhibit -Location of Tract 1 & Tract 4
2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE SALE OF APPROXIMATELY 4.28
ACRES OF RIGHT-OF-WAY AND A TEMPORARY CONSTRUCTION
EASEMENT TO THE ARKANSAS STATE HIGHWAY COMMISSION FOR
THE TOTAL AMOUNT OF $15,050.00 TO FACILITATE THE
REPLACEMENT OF THE HIGHWAY 16 BRIDGE ACROSS THE MIDDLE
FORK OF THE WHITE RIVER
WHEREAS, the City Council of the City of Fayetteville specifically finds that certain
real property described in the attached Exhibits "A" and `B" is no longer needed for municipal
purposes; and
WHEREAS, said property is needed by the Arkansas State Highway Commission as
right-of-way for the replacement of the Highway 16 bridge across the Middle Fork of the White
River,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the sale of approximately 4.28 acres of right-of-way described in the proposed Contracts to Sell
attached to this Resolution as Exhibits "A" and `B", to the Arkansas State Highway Commission
for the amount of $15,025.00 to facilitate the replacement of the Highway 16 bridge across the
Middle Fork of the White River.
Section 2. That the City Council of the City of Fayetteville, Arkansas further approves a
temporary construction easement as described in the attached Exhibit "C" in favor of the
Arkansas State Highway Commission for the amount of $25.00 to facilitate the bridge
replacement.
Section 3. That the Mayor is authorized to execute all deeds and agreements necessary to
effectuate the transfer.
PASSED and APPROVED this 18th day of March, 2014.
APPROVED: ATTEST:
By: By.
LIONELD JORDAN, Mayor
SONDRA E. SMITH, City Clerk/Treasurer
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Scott E. Bennett P.O. Box 2261
Director q Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 D Telefax (501) 569-2400
Voice/TTY 711 www.arkansashighways.com
Date
City of Fayetteville
113 W. Mountain Road
Fayetteville, AR 72701
Re: Job 040641
Middle Fork White River Str. & Apprs.
(Fayetteville)
Washington County
Tract 4, 4E-1
Dear Property Owner(s):
An Acquisition Agent for the Arkansas State Highway Commission presented to you a Contract
to Sell offering to purchase the fee simple title to your property needed for highway purposes. A
description of the property needed is attached hereto. The acquisition agent will contact you
within 10 business days for your response that should include all issues or concerns you may
have regarding the offer. It is anticipated that negotiations should be concluded within 30
calendar days from the date of the initial contact.
The offer of $11,050.00 is based on the opinion of a qualified real estate appraiser. The offered
amount is based on the market value concept and is broken down as follows: $11,025.00 as just
compensation for the realty to be acquired, $25.00 for the Temporary Construction Easement and
$0.00 for market damage to the remaining lands.
Should you elect to accept this offer, the State will determine if you can convey a merchantable
title, and if so, a proper deed conveying the land to the Arkansas State Highway Commission
will be prepared and you will be paid the amount contained in the written offer.
If you make a final rejection of this offer, and if the Arkansas State Highway Commission elects
to do so, a condemnation suit will be filed and the amount that the Arkansas State Highway
Commission has determined to be estimated just compensation for your property will be
deposited into the registry of the Circuit Court of this County. You may at this time elect to
accept the amount deposited as just compensation for your property. If you elect to do so, the
Circuit Court will be asked to enter Judgment in the sum of the estimated just compensation and
this amount will be paid to you thereby disposing of the condemnation suit.
Page 2
City of Fayetteville
If you do not elect to accept the amount deposited as estimated just compensation, then you may
withdraw the amount placed on deposit as estimated just compensation without prejudice to your
rights to claim additional compensation. In this event, you will be entitled to a trial by jury by
the Circuit Court of the County in which your lands are situated to determine just compensation
for your lands condemned.
In either event, payment of the estimated just compensation will be made available to you prior
to vacating your property.
Yours truly,
Perry M. Johnston
Division Head
Right of Way Division
PMJ: km
JOB NAME: Middle Fork White River Str. & Apprs. (Fayetteville) JOB 040641
TRACT t
ORIGINAL CONTRACT TO SELL
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned
does hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas,
upon the terms and conditions hereinafter stated, the right to purchase the following described real estate, save
and except the oil and gas only therein and thereunder, situated in the County of Washington, State of
Arkansas, to wit:
LEGAL DESCRIPTION
Part of the West half Southeast Quarter and part the Southeast Quarter of the Southeast Quarter, all being in of
Section 21, Township 16 North, Range 29 West, Washington County, Arkansas more particularly described as
follows:
Commencing at a 5/8 inch rebar being used as the Center South Sixteenth Corner of Section 21; thence South
87' 18' 07" East along the South line of the Northwest Quarter of the Southeast Quarter of Section 21 a distance
of 946.61 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as eastablished by
AHTD Job 9424 to the POINT OF BEGINNING; thence in a Northwesterly direction along said right of way
line on a curve to the right having a radius of 1657.47 feet a distance of 419.55 feet having a chord bearing of
North 41' 30' 40" West a distance of 418.43 feet to a point; thence North 34' 15' 34" West along said right of
way line a distance of 239.33 feet to a point on the Northeasterly right of way line of Arkansas State Highway
16 as established by AHTD Job 040641; thence South 560 15' 51" East along said right of way line a distance of
107.81 feet to a point; thence South 35' 53'55" East along said right of way line a distance of 294.50 feet to a
point; thence South 37' 40' 16" East along said right of way line a distance of 190.75 feet to a point; thence
South 49° 40' 23" East along said right of way line a distance of 190.75 feet to a point; thence South 510 10' 07"
East along said right of way line a distance of 190.29 feet to a point; thence South 550 56' 34" East along said
right of way line a distance of 174.57 feet to a point; thence South 55' 56'59" East along said right of way line a
distance of 375.01 feet to a point; thence South 46' 07' 29" East along said right of way line a distance of 50.74
feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job
9424; thence North 55' 58' 00" West along said right of way line a distance of 708.92 feet to a point; thence in
a Northwesterly direction along said right of way line on a curve to the right having a radius of 1657.47 feet a
distance of 208.40 feet having a chord bearing of North 52' 21' 53" West a distance of 208.26 feet to the point
of beginning and containing 0.79 arces more less as shown on plans prepared by the AHTD referenced as Job
040641.
AND ALSO:
Part of the Southeast Quarter of the Southeast Quarter of Section 21, Township 16 North, Range 29 West,
Washington County, Arkansas more particularly described as follows:
Commencing at an iron pin (State Monument) being used as the Section Corner of Section's 21, 22, 27 and 28;
thence North 02' 30' 33" East along the East line of the Southeast Quarter of the Southeast Quarter of Section
21 a distance of 374.81 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as
established by AHTD Job 9424; thence in a Northwesterly direction along said right of way line on a curve to
the right having a radius of 1888.03 feet a distance of 38.97 feet having a chord bearing of North 67' 59' 30"
West a distance of 38.97 feet to a point; thence continue in a Northwesterly direction along said right of way
line on a curve to the right having a radius of 1888.03 feet a distance of 326.87 feet having a chord bearing of
North 62' 26' 26" West a distance of 326.46 feet to the POINT OF BEGINNING; thence continue in a
Northwesterly direction along said right of way line on a curve to the right having a radius of 1888.03 feet a
distance of 49.90 feet having a chord bearing of North 56' 43' 25" West a distance of 49.90 feet to a point;
thence North 55' 58' 00" West along said right of way line a distance of 200.11 feet to a point on the
Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job 040641; thence
South 65' 37' 37" East along said right of way line a distance of 50.72 feet to a point; thence South 550 56' 59"
East along said right of way line a distance of 150.00 feet to a point; thence South 47' 05' 27" East along said
right of way line a distance of 50.60 feet to the point of beginning and containing 0.04 arces more less as shown
on plans prepared by the AHTD, referenced as Job 040641.
AND ALSO:
Part of the Southeast Quarter of the Southeast Quarter of Section 21 and part of the Southwest Quarter of the
Southwest Quarter of Section 22 all being in, Township 16 North, Range 29 West, Washington County,
Arkansas more particularly described as follows:
Commencing at an iron pin (State Monument) being used as the Section Corner of Section's 21, 22, 27 and 28;
thence North 02' 30' 33" East along the East line of the Southeast Quarter of the Southeast Quarter of Section
21 a distance of 374.81 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as
established by AHTD Job 9424 to the POINT OF BEGINNING; thence in a Northwesterly direction along said
right of way line on a curve to the right having a radius of 1888.03 feet a distance of 38.97 feet having a chord
bearing of North 670 59' 30" West a distance of 38.97 feet to a point on the Northeasterly tight of way of
Arkansas State Highway 16 as established by AHTD Job 040641; thence South 79' 43' 26" East along said
right of way line a distance of 241.75 feet to a point; thence South 76' 11' I I" East along said right of way line
a distance of 150.08 feet to a point; thence South 720 23' 06" East along said right of way line a distance of
150.75 feet to a point; thence South 72' 28' 55" East along said right of way line a distance of 100.48 feet to a
point on the Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job 9424;
thence North 78' 03' 50" West along said right of way line a distance of 292.30 feet to a point; thence South I V
56' 10" West along said right of way line a distance of 10.00 feet to a point; thence in a Northwesterly direction
along said right of way line on a curve to the right having a radius of 1888.03 feet a distance of 312.41 feet
having a chord bearing of North 73' 19' 25" West a distance of 312.06 feet to the point of beginning and
containing 0.30 arces more less as shown on plans prepared by the AHTD referenced as Job 040641.
Total area to acquire containing 1.13 arces more or less.
G.A.
12/31/12
® Uncontrolled Access
❑ Partially Controlled Access -Access break from Station to Station
❑ Fully Controlled Access
❑ Fully Controlled Access with a frontage road
❑ Maintenance Agreement
PREAUDITED AND ACCEPTED: Property Manager to Negotiator
By Date
PAYMENTDUE--------------------------------------------------------------------------------------------------- $4,000.00
(Appraised value offered by the Commission for real estate, including damages, if any, to the remainder; to be
paid after approval of title and execution of a deed as hereinafter provided).
The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within
ninety (90) days from date; and it is agreed that if within the time above specified, the said Commission shall
declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s)
will execute and sign a General Warranty Deed when presented by the Commission and receive payment of the
stated "Payment Due" from the said Commission, less any amount that may be found due and payable to any
mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated
herein to wit:
It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's Attorney
will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments
conveying title to the Arkansas State Highway Commission.
Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the
"Contract to Sell".
The Arkansas State Highway Commission is hereby authorized and directed to make payment of
the purchase funds for the conveyance to
Dated this day of
Signature Signature
-Signature Signature
ACKNOWLEDGMENT
STATE OF )
SS
COUNTY )
20
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting within
and for the aforesaid County, on this day personally appeared
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that executed the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public this day of , 20
MY COMMISSION EXPIRES:
NOTARY PUBLIC
JOB NAME: Middle Fork White River Str. & Apprs. (Fayetteville) JOB
TRACT
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
040641
4
IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned
does hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas,
upon the terms and conditions hereinafter stated, the right to purchase the following described real estate, save
and except the oil and gas only therein and thereunder, situated in the County of Washington, State of
Arkansas, to wit:
LEGAL DESCRIPTION
Part of the South half of the Southeast Quarter of Section 21 and part of the Southwest Quarter of the Southwest
of Section 22 all being in, Township 16 North, Range 29 West, Washington County, Arkansas more particularly
described as follows:
Commencing at a half inch rebar with cap being used as the East Sixteenth Corner of Section 21; thence North
02' 42' 15" East along the East line of the Southwest Quarter of the Southeast Quarter of Section 21 a distance
of 863.47 feet to a point on the Southwesterly right of way line of Arkansas State Highway 16 as established by
AHTD Job 040641 to the POINT OF BEGINNING; thence North 55' 00' 06" West along said right of way line
a distance of 45.14 feet to a point; thence North 19' 00' 49" East a distance of 84.10 feet to a point on the
Southwesterly right of way line of Arkansas State Highway 16 as established by AHTD Job 9424; thence South
55' 58' 00" East along said right of way line a distance of 1074.06 feet to a point; thence in a Southeasterly
direction along said right of way line on a curve to the left having a radius of 1988.03 feet a distance of 471.92
feet having a chord bearing of South 62' 46' 0 1 " East a distance of 470.81 feet to a point; thence continue in a
Southeasterly direction along said right of way line on a curve to the left having a radius of 1988.03 feet a
distance of 247.68 feet having a chord bearing of South 73' 08' 12" East a distance of 247.52 feet to a point;
thence South 30' 25' 39" West a distance of 44.57 feet to a point on the Southwesterly right of way line of
Arkansas State Highway 16 as established by AHTD Job 040641; thence North 79' 31' 40" West along said
right of way line a distance of 146.41 feet to a point; thence North 74' 24' 15" West along said right of way line
a distance of 213.92 feet to a point; thence North 64' 33' 04" West along said right of way line a distance of
216.31 feet to a point; thence North 56' 17' 44" West along said right of way line a distance of 405.93 feet to a
point; thence North 580 40' 10" West along said right of way line a distance of 421.47 feet to a point; thence
North 48' 44' 08" West along said right of way line a distance of 79.63 feet to a point; thence North 55' 00' 06"
West along said right of way line a distance of 257.01 feet to the point of beginning and containing 3.15 arces
more less as shown on plans prepared by the AHTD referenced as Job 040641.
G.A.
12/31/12
® Uncontrolled Access
❑ Partially Controlled Access — Access break from Station to Station
❑ Fully Controlled Access
❑ Fully Controlled Access with a frontage road
❑ Maintenance Agreement
PREAUDITED AND ACCEPTED: Property Manager to Negotiator
By Date
PAYMENTDUE ------------------------------------------------------------------------------------------------- $11,025.00
(Appraised value offered by the Commission for real estate, including damages, if any, to the remainder; to be
paid after approval of title and execution of a deed as hereinafter provided).
The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within
ninety (90) days from date; and it is agreed that if within the time above specified, the said Commission shall
declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s)
will execute and sign a General Warranty Deed when presented by the Commission and receive payment of the
stated "Payment Due" from the said Commission, less any amount that may be found due and payable to any
mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated
herein to wit:
It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's Attorney
will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments
conveying title to the Arkansas State Highway Commission.
Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the
"Contract to Sell".
The Arkansas State Highway Commission is hereby authorized and directed to make payment of
the purchase funds for the conveyance to
Dated this day of
Signature
Signature
Signature Signature
ACKNOWLEDGMENT
STATE OF }
SS
COUNTY )
a
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting within
and for the aforesaid County, on this day personally appeared
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that executed the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public this day of , 20
MY COMMISSION EXPIRES:
NOTARY PUBLIC
JOB: 040641
TRACT: 4E-1
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT City of Fayetteville for and in consideration of Twenty Five Dollars, ($25.00), and other
valuable considerations, to us cash in hand paid by the Arkansas State Highway Commission, the
receipt of which is hereby acknowledged, do hereby give and grant to the Arkansas State Highway
Commission, it's successors and assigns an exclusive temporary right of way and temporary easement
for the sole purposes necessary for Highway construction, together with free ingress and egress, to,
across, through and over the lands shown on the Right of Way Plans for Job No. 040641, and
designated as Tract No. 4E-1 situated in the County of Washington, State of Arkansas.
This temporary easement as conditioned above shall terminate when the above subject job has
been completed by the contractor and accepted by the Arkansas State Highway Commission.
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to
its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth.
WITNESS my signature of this day of
Signature
STATE OF
COUNTY
Signature
ACKNOWLEDGMENT
SS
, 20
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting within
and for the aforesaid County, on this day personally appeared
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that executed the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public day of , 20
MY COMMISSION EXPIRES:
NOTARY PUBLIC
Chris Brown
Submitted By
M-Wn M akjO �k�"
��w%Wyl
City of Fayetteville Item Review Form Mr kN dd �%&V&
2014-0214
Legistar File Number
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
Execution of WARRANTY DEED and AFFIDAVIT OF NO LIENS with the Arkansas State Highway
Commission for the sale of approximately 4.28 acres of property for use as highway right-of-way on
the Highway 16 Middle Fork of the White River Bridge Replacement project.
Does this item have a cost? No
Cost of this request
Account Number
Project Number
Category or Project Budget
Funds Used to Date
$0.00
Remaining Balance
Program or Project Name
Program or Project Category
Fund Name
Budgeted Item? Budget Adjustment Attached?
V20130812
Previous Ordinance or Resolution # 62-14
Original Contract Number:
Comments:
CITY OF
Ta
aege
ARKANSAS
MEMO
TO: Mayor Lioneld Jordan
MAYOR'S APPROVAL ONLY
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Paul Libertini, Staff Engineer -4� P-^*0
DATE: May 13, 2014
SUBJECT: Execution of Warranty Deed and Affidavit Of No Liens with the Arkansas
State Highway Commission for the sale of approximately 4.28 acres of
property for use as highway right-of-way on the Highway 16 Middle Fork of
the White River Bridge replacement.
RECOMMENDATION:
Staff recommends that the Mayor sign the Warranty Deed and Affidavit Of No Liens as requested
by the Right Of Way Division of the Arkansas State Highway and Transportation Department
(AHTD).
BACKGROUND:
The AHTD is planning a project to replace the bridge over the Middle Fork of the White River.
The proposed project includes a new bridge that will accommodate 4 lanes of vehicular traffic,
and will also include bike lanes and sidewalks. The total project length, including roadway
approach work, is approximately 3000 feet. The City owns property on both sides of the road
in this area, as part of the property surrounding Lake Sequoyah. A portion of this property will
be needed by the AHTD for right of way to construct the new bridge and approaches.
DISCUSSION:
At the March 18t" City Council Meeting, Resolution 62-14 was approved to sell approximately
4.28 acres of property to AHTD for $15,050 and authorized the Mayor to sign the appropriate
legal documents. The Mayor has already signed the Contract To Sell and those documents
have been received and accepted by AHTD. To finalize the sale, the Warranty Deed and
Affidavit Of No Liens must be signed, notarized and mailed to AHTD.
BUDGET/STAFF IMPACT:
Funds received will be transferred to the Water and Sewer Fund.
Attachment:
Contract Acceptance Letter 04/07/14
Mailing Address:
113 W. Mountain Street wwwfayetteville-ar.gov
Fayetteville, AR 72701
no
ARKA.NSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Scott E. Bennett P.O. Box 2261
Director q� Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 �D Telefax (501) 569-2400
VoicefM 711 www.arkansashighways.com
April 7, 2014
City of Fayetteville
113 W Mountain Road
Fayetteville, AR 72701
Re: Job 040641
Middle Fork White River Str. & Apprs.
(Fayetteville)
Washington County
Tracts: 1, 4 & 4E1
Dear Property Owner:
The Contracts to Sell which you executed on March 18, 2014, in favor of the Arkansas State
Highway Commission in connection with the above job have been accepted.
Warrants totaling $15,050.00 will be requisitioned from the Treasury of the State of Arkansas in
accordance with the Contract to Sell. Once we have verified title to the property, you will be
paid upon your execution of a deed and the release, if necessary, of any mortgages or
encumbrances upon the land conveyed by the deed.
We will expedite this matter as rapidly as possible. If there are reasons, which necessitate more
than 45 days from the date of this letter to make full payment, you shall be advised by letter.
Your cooperation is appreciated, and we trust this has been handled to your satisfaction.
Yours truly,
C;Perry M. Johnston
t Division Head
Right of Way Division
PMJ:lt
ARKANSAS STATE HIGHWAY
G��9E
TRANSPORTATION DEPARTMENT
Scott E. Bennett P.O. Box 2261
Director N Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 Telefax (501) 569-2400
Voice/TTY 711
April 17, 2014 R ECV'' r7"
City of Fayetteville AP I� . 2;2 2 p/V
C/o Lioneld Jordan, Mayor CITY OF FAYE T TEVILLE
113 W. Mountain Road MAYORS OFFICE
Fayetteville, AR 72701
061iTOXII''S'�
Middle Fork White River Str. & Apprs.
Washington County
Tract 1 & 4,E
Dear Mayor Jordan:
In order to close the transaction for the purchase of property for highway right of way for
which you signed two Contracts to Sell dated March 18, 2014, we enclose a Warranty Deed
and an Affidavit of No Liens to be executed by those indicated thereon. It will be necessary
to do this before a Notary Public.
Please return the properly executed documents to me in the self-addressed stamped envelope
provided and I will promptly mail to you State Warrants totaling $15,050.00.
If additional information is needed, please call me at (501) 569-2334.
Thank you in advance for your prompt attention and cooperation in this transaction.
Sincerely,
Lisa Duncan, Administrative Asst. I
Administrative Section
Right of Way Division
Ld
Encls.
Job No. 040641
Tract Nos. 1, 4
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, Arkansas, a Municipal Corporation, Grantor, by Lioneld Jordan,
Mayor, pursuant to Resolution No. 62-14 passed and approved by the City Council, dated March 18,
2014, for and in consideration of the sum of FIFTEEN THOUSAND TWENTY-FIVE AND NO/100
($15,025.00), and other good and valuable considerations, cash in hand paid by the Arkansas State Highway
Commission, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and
convey unto the Arkansas State Highway Commission, Grantee, and unto its successors and assigns forever,
the following lands, save and except such minerals therein and thereunder, as oil, gas, distillate, condensate, salt
water and its component parts, and all other hydrocarbons which do not interfere with the surface use for
highway purposes, said lands being more particularly described as follows, to -wit:
Tract No. 1
Part of the West half Southeast Quarter and part the Southeast Quarter of the Southeast Quarter, all being in of
Section 21, Township 16 North, Range 29 West, Washington County, Arkansas more particularly described as
follows:
Commencing at a 5/8 inch rebar being used as the Center South Sixteenth Corner of Section 21; thence South
87' 18' 07" East along the South line of the Northwest Quarter of the Southeast Quarter of Section 21 a distance
of 946.61 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as established by
AHTD Job 9424 to the POINT OF BEGINNING; thence in a Northwesterly direction along said right of way
line on a curve to the right having a radius of 1657.47 feet a distance of 419.55 feet having a chord bearing of
his instrument uas prepared 6y
David S. Long, Tt/eAttorney
,grfgnsasSta.te.7hj(zivi• yand'Zransportatmn Dept.
oP..O. Box,2261, Littk Xpd ,41'�arlsas 72203
North 41' 30' 40" West a distance of 418.43 feet to a point; thence North 34' 15' 34" West along said right of
way line a distance of 239.33 feet to a point on the Northeasterly right of way line of Arkansas State Highway
16 as established by AHTD Job 040641; thence South 56' 15' 5 1 " East along said right of way line a distance of
107.81 feet to a point; thence South 35' 53'55" East along said right of way line a distance of 294.50 feet to a
point; thence South 37' 40' 16" East along said right of way line a distance of 190.75 feet to a point; thence
South 490 40' 23" East along said right of way line a distance of 190.75 feet to a point; thence South 51' 10' 07"
East along said right of way line a distance of 190.29 feet to a point; thence South 550 56' 34" East along said
right of way line a distance of 174.57 feet to a point; thence South 550 56'59" East along said right of way line a
distance of 375.01 feet to a point; thence South 460 07' 29" East along said right of way line a distance of 50.74
feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job
9424; thence North 55' 58' 00" West along said right of way line a distance of 708.92 feet to a point; thence in
a Northwesterly direction along said right of way line on a curve to the right having a radius of 1657.47 feet a
distance of 208.40 feet having a chord bearing of North 52' 21' 53" West a distance of 208.26 feet to the point
of beginning and containing 0.79 acres, more less, as shown on plans prepared by the AHTD referenced as Job
040641.
AND ALSO:
Part of the Southeast Quarter of the Southeast Quarter of Section 21, Township 16 North, Range 29 West,
Washington County, Arkansas more particularly described as follows:
Commencing at an iron pin (State Monument) being used as the Section Corner of Section's 21, 22, 27 and 28;
thence North 02' 30' 33" East along the East line of the Southeast Quarter of the Southeast Quarter of Section
21 a distance of 374.81 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as
established by AHTD Job 9424; thence in a Northwesterly direction along said right of way line on a curve to
the right having a radius of 1888.03 feet a distance of 38.97 feet having a chord bearing of North 67' 59' 30"
West a distance of 38.97 feet to a point; thence continue in a Northwesterly direction along said right of way
line on a curve to the right having a radius of 1888.03 feet a distance of 326.87 feet having a chord bearing of
North 62' 26' 26" West a distance of 326.46 feet to the . POINT OF BEGINNING; thence continue in a
Northwesterly direction along said right of way line on a curve to the right having a radius of 1888.03 feet a
distance of 49.90 feet having a chord bearing of North 56' 43' 25" West a distance of 49.90 feet to a point;
thence North 55' 58' 00" West along said right of way line a distance of 200.11 feet to a point on the
Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job 040641; thence
South 65" 37' 37" East along said right of way line a distance of 50.72 feet to a point; thence South 55' 56' 59"
East along said right of way line a distance of 150.00 feet to a point; thence South 47' 05' 27" East along said
right of way line a distance of 50.60 feet to the point of beginning and containing 0.04 acres, more less, as
shown on plans prepared by the AHTD referenced as Job 040641.
AND ALSO:
Part of the Southeast Quarter of the Southeast Quarter of Section 21 and part of the Southwest Quarter of the
Southwest Quarter of Section 22 all being in, Township 16 North, Range 29 West, Washington County,
Arkansas more particularly described as follows:
Commencing at an iron pin (State Monument) being used as the Section Corner of Section's 21, 22, 27 and 28;
thence North 02' 30' 33" East along the East line of the Southeast Quarter of the Southeast Quarter of Section
21 a distance of 374.81 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as
established by AHTD Job 9424 to the POINT OF BEGINNING; thence in a Northwesterly direction along said
right of way line on a curve to the right having a radius of 1888.03 feet a distance of 38.97 feet having a chord
bearing of North 67' 59' 30" West a distance of 38.97 feet to a point on the Northeasterly right of way of
Arkansas State Highway 16 as established by AHTD Job 040641; thence South 79' 43' 26" East along said
right of way line a distance of 241.75 feet to a point; thence South 76' 11' 11" East along said right of way line
a distance of 150.08 feet to a point; thence South 72' 23' 06" East along said right of way line a distance of
150.75 feet to a point; thence South 72' 28' 55" East along said right of way line a distance of 100.48 feet to a
point on the Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job 9424;
thence North 78' 03' 50" West along said right of way line a distance of 292.30 feet to a point; thence South I I'
56' 10" West along said right of way line a distance of 10.00 feet to a point; thence in a Northwesterly direction
along said right of way line on a curve to the right having a radius of 1888.03 feet a distance of 312.41 feet
having a chord bearing of North 73' 19' 25" West a distance of 312.06 feet to the point of beginning and
containing 0.30 acres, more less, as shown on plans prepared by the AHTD referenced as Job 040641.
Total area to acquire containing 1.13 acres, more or less.
G.A. Rev. F.R. 04/16/14
And Also
Tract No. 4
Part of the South half of the Southeast Quarter of Section 21 and part of the Southwest Quarter of the Southwest
of Section 22 all being in, Township 16 North, Range 29 West, Washington County, Arkansas more particularly
described as follows:
Commencing at a half inch rebar with cap being used as the East Sixteenth Corner of Section 21; thence North
02' 42' 15" East along the East line of the Southwest Quarter of the Southeast Quarter of Section 21 a distance
of 863.47 feet to a point on the Southwesterly right of way line of Arkansas State Highway 16 as established by
AHTD Job 040641 to the POINT OF BEGINNING; thence North 55' 00' 06" West along said right of way line
a distance of 45.14 feet to a point; thence North 19' 00' 49" East a distance of 84.10 feet to a point on the
Southwesterly right of way line of Arkansas State Highway 16 as established by AHTD Job 9424; thence South
55' 58' 00" East along said right of way line a distance of 1074.06 feet to a point; thence in a Southeasterly
direction along said right of way line on a curve to the left having a radius of 1988.03 feet a distance of 471.92
feet having a chord bearing of South 62' 46' 01" East a distance of 470.81 feet to a point; thence continue in a
Southeasterly direction along said right of way line on a curve to the left having a radius of 1988.03 feet a
distance of 247.68 feet having a chord bearing of South 73' 08' 12" East a distance of 247.52 feet to a point;
thence South 30' 25' 39" West a distance of 44.57 feet to a point on the Southwesterly right of way line of
Arkansas State Highway 16 as established by AHTD Job 040641; thence North 790 31' 40" West along said
right of way line a distance of 146.41 feet to a point; thence North 74' 24' 15" West along said right of way line
a distance of 213.92 feet to a point; thence North 64' 33' 04" West along said right of way line a distance of
216.31 feet to a point; thence North 56° 17' 44" West along said right of way line a distance of 405.93 feet to a
point; thence North 58' 40' 10" West along said right of way line a distance of 421.47 feet to a point; thence
North 48' 44' 08" West along said right of way line a distance of 79.63 feet to a point; thence North 55' 00' 06"
West along said right of way line a distance of 257.01 feet to the point of beginning and containing 3.15 acres,
more less, as shown on plans prepared by the AHTD referenced as Job 040641.
G.A. 12/31/12
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and unto its
successors and assigns forever.
And the Grantor hereby covenants with the said Grantee that Grantor will forever warrant and defend
the title to said lands against all lawful claims, whatsoever.
IN WITNESS WHEREOF, the City of Fayetteville, Arkansas, has caused these presents to be executed
by its Mayor on this 'Z ` day of , 2014.
CITY OF FAYETTEVILLE, ARKANSAS
Lioneld Jor n ayor
ATTEST:
�♦ oRK l-T�
Sondra E. Smith, City Clerk/Treasurer=.�XT.'C,\iY 0,' • G-.-
v% FAYETTEVILI_i: ' �
4
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF
On this _q_ day of J, 2014, before me, a Notary Public, duly commissioned, qualified
and acting, within and for said County and State, appeared the within named Lioneld Jordan and Sondra E.
Smith, being the Mayor and Attested by City Clerk/Treasurer, respectively, of the City of Fayetteville,
Arkansas, a Municipal Corporation, and who had been designated by said corporation to execute the above
instrument, to me well personally known, who stated that they were the Mayor and the City Clerk of said city
and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name
and on the behalf of said Municipal Corporation, and further stated and acknowledged that they had so signed
and attested, executed and delivered said foregoing instrument for the consideration, uses and purposes therein
mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on this 9day of
WO—, 2014.
My Commission Expires:
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Public
Job No. 040641
Tract Nos. 1, 4, 4E-1
AFFIDAVIT OF NO LIENS
I, Lioneld Jordan, upon being duly sworn, state:
That the City of Fayetteville, Arkansas, a Municipal Corporation, Grantor, by Lioneld
Jordan, Mayor, pursuant to Resolution No. 62-14 passed and approved by the City Council, dated March
18, 2014, have conveyed by Warranty Deed to the Arkansas State Highway Commission, the following
described property, to -wit:
Tract No. 1
Part of the West half Southeast Quarter and part the Southeast Quarter of the Southeast Quarter, all being in of
Section 21, Township 16 North, Range 29 West, Washington County, Arkansas more particularly described as
follows:
Commencing at a 5/8 inch rebar being used as the Center South Sixteenth Corner of Section 21; thence South
87' 18' 07" East along the South line of the Northwest Quarter of the Southeast Quarter of Section 21 a distance
of 946.61 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as established by
AHTD Job 9424 to the POINT OF BEGINNING; thence in a Northwesterly direction along said right of way
line on a curve to the right having a radius of 1657.47 feet a distance of 419.55 feet having a chord bearing of
North 410 30' 40" West a distance of 418.43 feet to a point; thence North 34' 15' 34" West along said right of
way line a distance of 239.33 feet to a point on the Northeasterly right of way line of Arkansas State Highway
16 as established by AHTD Job 040641; thence South 56' 15' 5 1 " East along said right of way line a distance of
107.81 feet to a point; thence South 35' 53'55" East along said right of way line a distance of 294.50 feet to a
point; thence South 37' 40' 16" East along said right of way line a distance of 190.75 feet to a point; thence
South 49' 40' 23" East along said right of way line a distance of 190.75 feet to a point; thence South 5 V 10' 07"
East along said right of way line a distance of 190.29 feet to a point; thence South 55' 56' 34" East along said
right of way line a distance of 174.57 feet to a point; thence South 55' 56'59" East along said right of way line a
distance of 375.01 feet to a point; thence South 46' 07' 29" East along said right of way line a distance of 50.74
feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job
9424; thence North 5.5° 58' 00" West along said right of way line a distance of 708.92 feet to a point; thence in
a Northwesterly direction along said right of way line on a curve to the right having a radius of 1657.47 feet a
distance of 208.40 feet having a chord bearing of North 52' 21' 53" West a distance of 208.26 feet to the point
of beginning and containing 0.79 acres, more less, as shown on plans prepared by the AHTD referenced as Job
040641. /—,\ I t
AND ALSO:
Part of the Southeast Quarter of the Southeast Quarter of Section 21, Township 16 North, Range 29 West,
Washington County, Arkansas more particularly described as follows:
Commencing at an iron pin (State Monument) being used as the Section Corner of Section's 21, 22, 27 and 28;
thence North 02' 30' 33" East along the East line of the Southeast Quarter of the Southeast Quarter of Section
21 a distance of 374.81 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as
established by AHTD Job 9424; thence in a Northwesterly direction along said right of way line on a curve to
the right having a radius of 1888.03 feet a distance of 38.97 feet having a chord bearing of North 670 59' 30"
West a distance of 38.97 feet to a point; thence continue in a Northwesterly direction along said right of way
line on a curve to the right having a radius of 1888.03 feet a distance of 326.87 feet having a chord bearing of
North 62" 26' 26" West a distance of 326.46 feet to the POINT OF BEGINNING; thence continue in a
Northwesterly direction along said right of way line on a curve to the right having a radius of 1888.03 feet a
distance of 49.90 feet having a chord bearing of North 56' 43' 25" West a distance of 49.90 feet to a point;
thence North 55' 58' 00" West along said right of way line a distance of 200.11 feet to a point on the
Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job 040641; thence
South 65' 37' 37" East along said right of way line a distance of 50.72 feet to a point; thence South 55156' 59"
East along said right of way line a distance of 150.00 feet to a point; thence South 47' 05' 27" East along said
right of way line a distance of 50.60 feet to the point of beginning and containing 0.04 acres, more less, as
shown on plans prepared by the AHTD referenced as Job 040641.
AND ALSO:
Part of the Southeast Quarter of the Southeast Quarter of Section 21 and part of the Southwest Quarter of the
Southwest Quarter of Section 22 all being in, Township 16 North, Range 29 West, Washington County,
Arkansas more particularly described as follows:
Commencing at an iron pin (State Monument) being used as the Section Corner of Section's 21, 22, 27 and 28;
thence North 02' 30' 33" East along the East line of the Southeast Quarter of the Southeast Quarter of Section
21 a distance of 374.81 feet to a point on the Northeasterly right of way line of Arkansas State Highway 16 as
established by AHTD Job 9424 to the POINT OF BEGINNING; thence in a Northwesterly direction along said
right of way line on a curve to the right having a radius of 1888.03 feet a distance of 38.97 feet having a chord
bearing of North 67' 59' 30" West a distance of 38.97 feet to a point on the Northeasterly right of way of
Arkansas State Highway 16 as established by AHTD Job 040641; thence South 79' 43' 26" East along said
right of way line a distance of 241.75 feet to a point; thence South 76' 11' 11" East along said right of way line
a distance of 150.08 feet to a point; thence South 72° 23' 06" East along said right of way line a distance of
150.75 feet to a point; thence South 72' 28' 55" East along said right of way line a distance of 100.48 feet to a
point on the Northeasterly right of way line of Arkansas State Highway 16 as established by AHTD Job 9424;
thence North 78' 03' 50" West along said right of way line a distance of 292.30 feet to a point; thence South 111
56' 10" West along said right of way line a distance of 10.00 feet to a point; thence in a Northwesterly direction
along said right of way line on a curve to the right having a radius of 1888.03 feet a distance of 312.41 feet
having a chord bearing of North 73' 19' 25" West a distance of 312.06 feet to the point of beginning and
containing 0.30 acres, more less, as shown on plans prepared by the AHTD referenced as Job 040641.
Total area to acquire containing 1.13 acres, more or less.
G.A. Rev. F.R. 04/16/14
And Also
Tract No. 4
Part of the South half of the Southeast Quarter of Section 21 and part of the Southwest Quarter of the Southwest
of Section 22 all being in, Township 16 North, Range 29 West, Washington County, Arkansas more particularly
described as follows:
Commencing at a half inch rebar with cap being used as the East Sixteenth Corner of Section 21; thence North
020 42' 15" East along the East line of the Southwest Quarter of the Southeast Quarter of Section 21 a distance
of 863.47 feet to a point on the Southwesterly right of way line of Arkansas State Highway 16 as established by
AHTD Job 040641 to the POINT OF BEGINNING; thence North 55' 00' 06" West along said right of way line
a distance of 45.14 feet to a point; thence North 19' 00' 49" East a distance of 84.10 feet to a point on the
Southwesterly right of way line of Arkansas State Highway 16 as established by AHTD Job 9424; thence South
55' 58' 00" East along said right of way line a distance of 1074.06 feet to a point; thence in a Southeasterly
direction along said right of way line on a curve to the left having a radius of 1988.03 feet a distance of 471.92
feet having a chord bearing of South 620 46' 01" East a distance of 470.81 feet to a point; thence continue in a
Southeasterly direction along said right of way line on a curve to the left having a radius of 1988.03 feet a
distance of 247.68 feet having a chord bearing of South 73' 08' 12" East a distance of 247.52 feet to a point;
thence South 30' 25' 39" West a distance of 44.57 feet to a point on the Southwesterly right of way line of
Arkansas State Highway 16 as established by AHTD Job 040641; thence North 79' 31' 40" West along said
right of way line a distance of 146.41 feet to a point; thence North 74' 24' 15" West along said right of way line
a distance of 213.92 feet to a point; thence North 64' 33' 04" West along said right of way line a distance of
216.31 feet to a point; thence North 560 17' 44" West along said right of way line a distance of 405.93 feet to a
point; thence North 58' 40' 10" West along said right of way line a distance of 421.47 feet to a point; thence
North 48' 44' 08" West along said right of way line a distance of 79.63 feet to a point; thence North 55' 00' 06"
West along said right of way line a distance of 257.01 feet to the point of beginning and containing 3.15 acres,
more less, as shown on plans prepared by the AHTD referenced as Job 040641.
G.A. 12/31/12
2. No person has any valid contract for the purchase of said premises, or any part thereof;
I know of no facts by reason of which grantors' possession of or title to said premises, or any
part thereof, might be disputed or questioned, or by reason of which any claim to any part of said property, or to
any undivided interest, adverse to grantors might be set up or made;
4. There is no suit or proceeding pending in any court or elsewhere affecting said premises or any
part thereof;
5. The said premises are free and clear of all taxes, encumbrances, or liens by attachment,
mortgage, decree, judgment, or by statute, or by virtue of any proceedings, in any court, state or federal, or filed
in the office of the Clerk of any county, or court in this State, and of all other liens of every nature and sort
whatever, recorded or unrecorded, other than any mortgages partially released herein;
6. There are no judgments, decrees, attachments, or orders of any court or officer for the payment
of money against the City of Fayetteville, Arkansas, a Municipal Corporation, individually, or in connection
with any other party or parties, unsatisfied or not cancelled of record in any of the courts or before any officer of
the United States or of this State;
7. No proceedings in bankruptcy have ever been instituted by or against the City of Fayetteville,
Arkansas, a Municipal Corporation, in any court, or before any officer of any State, or of the United States;
8. The grantor is not a surety on any bond payable to the State of Arkansas, whereby a lien may
hereafter attach to said real estate;
9. No person, persons, corporation or corporations is entitled to any lien on said real estate for work
or labor or materials;
10. No liens have been filed against the above property for hazardous waste or notices of same given
by the Environmental Protection Agency;
11. Said property is not traversed by any roads, ways, or easements except those shown of record;
12. The affiant is over the age of eighteen;
13. The affiant understands and recognizes that a portion of the purchase money funds of the said
property were contributed by the Federal Highway Administration.
4
14. All the statements and representations in the affidavit are made in order to induce the said
grantee to pay to grantor the sum of FIFTEEN THOUSAND FIFTY AND NO/100 DOLLARS ($15,050.00)
purchase -money for said real estate and any interest therein.
ATTEST:
Sondra E. Smith, City Clerk/Treasurer
CITY
FAYETTEVILLE, ARKANSAS
K
m�
STATE OF ��C�s ) ►�0{
COUNTY OF �h1�
On this the � day of , 2014, before the undersigned, personally appeared Lioneld
Jordan and Sondra E. Smith, known to me to be the persons whose names are subscribed to the within
instrument and acknowledge that they executed the same for the purposes ther 'n contained.
MOWA
Nota ublic
My Commission Expires:
t40'rAp f'�h:•
A •
7 •day • e
••Q
5
'fETfL}.
ARKANSAS STATE HIGHWAY RECEIVED
AND JUN 12 2014
TRANSPORTATION DEPARTMENT CITY OF FAYETTEv►t i E
MAYOR'S OFFICE
Scott E. Bennett P.O. Box 2261
Director q * Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 (� Telefax (501) 569-2400
Voice/TTY 711
June 11, 2014
City of Fayetteville
C/o Lioneld Jordan, Mayor
113 W. Mountain Rod
Fayetteville, AR 72701
Job 040641
Middle Fork — White River Str. & Apprs.
Washington County
Tracts 1 & 4,E
Dear Mayor Jordan:
Enclosed are State Warrants totaling $15,050.00 for the purchase of property for highway
right of way.
Also enclosed are two closing statements, the original of which is to be signed by those
indicated thereon. The copy is for your file and a self-addressed envelope is provided for
your convenience in returning the original document to complete our files.
Thank you for your cooperation in this transaction.
Sincerely,
f
Lisa Duncan, Administrative Assistant I
Administrative Section
Right of Way Division
Encls.
ARKANSAS STATE HIGHWAY & TRANSPORTATION DEPARTMENT
•
Right of Way Division - Administrative Section
City of Fayettville
113 W. Mountain Road
Fayetteville, AR 72701
Total Purchase Price
Less Salvage Retained
CLOSING STATEMENT
Job 040641
Tracts 1 & 4,E
Total Consideration P ' Grantor
true and correct statement oft closing of subject tract
compensation therefor.
$ 15,050.00
-0-
$ 15,050.00
certify that this is a
and payment of just
I,(We), the undersigned grantor(s) acknowledge receipt of this closing statement and the
amount shown hereto as full and final payment of just compensation for the purchase of
this property as designated by the above captioned tract and job number, which
corresponds to the deed I (We) have executed.
2014.
� cu--
ioneld Jo a ,Mayor
Sondra E. Smith, City Clerk/Treasu,Will#
G�ERK / T*
For tax purposes we are tabulating the values as appraised, optioned
P P g PP � P
�U; ,�' •.
and ad. • F
P AYF •r''=
��. _NIECE. _
A 1099-S of gross proceeds must be submitted to the IRS for your
%�`ty9�kANSP�.°
Federal ID# / Social Security#.
+� ;;t ``
APPRAISAL
OPTION
Tr. 1 (1.13 Ac.) $ 4,000.00
Admin. Settlement
-0-
Tr. 4 (3.15 Ac.) $ 11,025.00
Total
$ 15,050.00
TCE Rental $ 25.00
Less Salvage Value
of
Buildings -0-
Improv. Retained
-0-
Severance Damage -0-
TOTAL $ 15,050.00
TOTAL PAID
$ 15,050.00
United States Department of the Interior
National Park Service
Midwest Region
601 Riverfront Drive
Omaha, Nebraska 68102-4226
05-00438.3 (MWR-NRSSP/G)
Mr. John Beneke
Director
Outdoor Recreation Grants Program
Department of Parks and Tourism
One Capitol Mall
Little Rock, Arkansas 72201
Dear Mr. Beneke:
PNATHML
ARK
JUL 3 1 2014
V
RECEIED
or. t�,e 6RM of
Outdoor Recre8don Grants
This is to inform you of the approval for Amendment No. 3 to, Land and Water
Conservation Fund (LWCrF) project 05-00439, Lake Fayetteville Park. This amendment
converts 039 acre of land for the widening if Highway 265 and 0.37 acres from Lake
Sequoya Park for the widening if Highway 16. It adds 4.5 acres of 4acent replacement
land at Lake Fayetteville for the convened parkland..
With. this letter, we recognize the city, of ayetteville's request to bank the excess value of
the replacement property for future, conversion issues. We understand that the 4.5 acres
of replacement property is valued at $200,250 and the converted property is valued at
$11,950, The remaining value of $188,300 will be banked. and must be used within five
years.
Enclosed are your copy of the executed amendment and the envicorunental determination.
Any questions your -have related to this conversion may be directed to me at 402-661-
1559,
Sincere
Roger A. Knowlton
Outdoor Recreation Planner
Enclosures 4
TAKE
INAMERICA
0--,%
CITY OF
1 7
le ay
ARKANSAS
March 6, 2014
AR Parks & Tourism
Outdoor Recreation Grant
John Beneke, Director
One Capitol Mall
Little Rock, AR 72201
Dear Mr. Beneke,
In 2005, NPS approved a park land conversion at Lake Fayetteville Park consisting of
47.82 acres that was replaced with 500 acres of land at Lake Sequoyah Park — Project
#05-00438. The City of Fayetteville, AR is requesting permission to convert 0.37 acres
of the 500 acres of 6(f) park boundary established at Lake Sequoyah Park and
replace it with acreage remaining within the 4.5 acres donated land located
adjacent to Lake Fayetteville Park.
The requested conversion of 0.37 acres at Lake Sequoyah is requested because of the
need of the Arkansas State Highway and Transportation Department (AHTD), in
conjunction with the Federal Highway Administration, to replace the bridge on
Highway 16 crossing the Middle Fork of the White River. This will impact Lake
Sequoyah Park of approximately 3.1 acres of property as needed for additional right
of way. No recreational activities occur on this property to be used for the road
project. Of the 3.1 acres needed by AHTD, only 0.37 acres lies within a Section 6(f)
protected boundary by the AR Parks and Tourism Department and the National Park
Service. AHTD provided an evaluation of the project at Lake Sequoyah Park. The
evaluation determined that the proposed roadway improvement will not harm the
protected features, qualities or activities that make the park important for recreation.
This project was redesigned by AHTD at the request of the City of Fayetteville in
order to provide bike lanes and sidewalks on the bridge. The bike lanes will be
used as alternative transportation to provide access to Lake Sequoyah Park. Future
plans are to complete the nature trail around Lake Sequoyah. These improvements
will ultimately enhance and increase outdoor usage of Lake Sequoyah Park.
Previously, the City banked .79acres of the 4.5 acres of land donated at Lake
Fayetteville to complete the asphalt trail loop at Lake Fayetteville. (See attached August
17, 2012 Letter to AR Parks & Tourism.) The remaining replacement land bank of 3.71
acres at Lake Fayetteville Park will satisfy the requirement for this 0.37 land conversion
leaving a remaining balance of 3.34 acres of replacement land. The City of Fayetteville
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
further requests for the remaining 3.34 acres of replacement land at Lake Fayetteville
be banked for future possible park land conversions if needed. The conversion of the
0.37 acres would decrease the 6(f) boundary of Lake Sequoyah Park to 499.63 acres.
This parcel was appraised by Allen Lewis and Patricia Bradbury at $4,000 per acre.
(See attached Appraisal.)
James L. Krejci, Outdoor Recreation Planner for the National Park Service approved the
waiver of retroactivity for the acquisition of the donated 4.5 acres in his letter to AR
Parks and Tourism that was received on August 3, 2012. The warranty deed for this
property has been received by the City of Fayetteville. The replacement land consisting
of 4.5 acres that lies adjacent to Lake Fayetteville Park provided a wonderful
opportunity for the City to complete the 5-1/2 mile of hard surface trail around the park.
Acquiring this land to build the remaining 1 mile of trail saved the City from building four
bridges to cross the deep ravines of the city's original property. Usage of the trail has
increased tremendously since the trail loop was completed in 2013. The 4.5 acres of
replacement property is valued at $200,250. The replacement parcel is part of Lake
Fayetteville Park and it increased increase the 6(f) boundary of Lake Fayetteville to
577.71 acres.
Public meetings were held by HTD prior to the design of the bridges and Highway 16
East. It has taken a couple of years for the bid documents to be completed and for AHTD
to complete the information need for this 6(f) land conversion project. AHTD posted a
Public Notice in the local newspaper has invited everyone to review and comment on
the proposed project's impacts. No comments regarding the proposed impacts to Lake
Sequoyah Park were received.
AHTD conducted a public involvement meeting was held on January 26, 2012. At this
meeting, the proposed project's impacts on Lake Sequoyah Park were presented on
displays and handouts, with the opportunity to comment on the project. No comments
regarding the proposed impacts to Lake Sequoyah Park were received.
An additional public involvement meeting was held by AHTD on January 31, 2013 to
present the redesigned project with bike lanes and sidewalks to the public. The
recalculated impacts to Lake Sequoyah Park were presented on displays and
handouts, with another opportunity to comment on the project. No comments regarding
the proposed impacts to Lake Sequoyah Park were received. The City of Fayetteville
has agreed this project will not have a harmful effect on Lake Sequoyah Park.
AHTD has approved this project. AHTD completed the appraisals and environmental
assessments for the 0.37 acres of conversion land, as well as the 4.5 acres of
replacement land that took place in 2012. City of Fayetteville Mayor Lioneld Jordan
signed a document approving the assessment and proposed minimization and
mitigation of impacts to Lake Sequoyah Park as detailed in the enclosed Section 4(t)
Evaluation and documentation of De Minimis Findings to Section 4 (f) Property for
Public Parks, Recreation Lands, and Wildlife and Waterfowl Refuges.
2
Attached are the LWCF Proposal Description and Environmental Screening Form and
supporting documents as required for this land conversion. The City of Fayetteville
extends our gratitude for Arkansas Parks and Tourism and National Park Service
approval of the waiver of retroactivity for the acquisition of the donated 4.5 acres that
allowed us to complete the remaining 1 mile of trail at Lake Fayetteville. If you have
questions or need additional information, please contact me at 479.444-3473 or
cedmonston ci.fa etteviile.ar.us Thank you for your assistance on this land
conversion.
Sincerely,
Connie Edmonston
Parks & Recreation Director
City of Fayetteville, AR
Attachments:
Correspondence of Arkansas Parks and Tourism and National Park Service
Arkansas Parks and Tourism Letter July 25, 2012
National Park Service Letter August 3, 2012
Lake Fayetteville Replacement Land
Warranty Deed and Property Line Adjustment
Support Letters
AHTD Environmental Impacts Assessment Form
Replacement and Conversion Land Maps
LWCF Proposal Description and Environmental Screening Form
Lake Sequoyah Environmental Screen Forms - AHTD
Lake Sequoyah Appraisal
3
Correspondence of Arkansas Parks and Tourism
and National Park Service
Nt<ansas.
THE NATURAL STATE
�MOF
Ta
July 26, 2012
1 MW
U Me Roek AR 7VO1
5ol-m-7 n Mr. Jim Krejci
GWFdWRood "Ion 501-M-1120 $ Midwest Region
Aiummmn National Park Service
► Ycwvft n 601 Riverfront Drive
501 sVA,i hmwn Omaha, Nebraska 68102-4226
HUM Resowoesseckn
501-6U-77420M RE: Project #05-00438-Conversion
eeKW D6 Acquisition Waiver of Retroactivity
Keepkiam s8eoM.00m
swepoftumsion Dear Mr. Krejci:
501-6N-1191(TDO) J
A*aaosSWd ftcom
TOW=Dirision This is a request for a Waiver of Retroactivity to allow the City of Fayetteville to acquire a
501-662-7777 (TOO)
ArkaMM.com 4.5 acre site as replacement property for conversions at Lake Fayetteville and Lake Sequoya
Parks. The conversions will result in a loss of 0.79 acres of parkland at Lake Fayetteville and
as much as 3.5 acres of parkland at Lake Sequoya. Both conversions are along park
1101i°'M 60VE111111I0il boundaries and are necessitated due to federally -funded highway projects that will expand
highway right-of-ways at each park. I anticipate that design, environmental assessments and
appraisals for these projects will completed by the Arkansas Highway and Transportation
VJcMU Down Department within the next 12 months.
Elucunq WrWOR
The owner of the proposed replacement property has agreed to donate the land, and the City
0111YU D111 a 00 of Fayetteville wishes to accept this generous offer as soon as possible. The proposed
replacement property is immediately adjacent the 6(f) boundaries of Lake Fayetteville and
X=RADj*TION will provide opportunity for expansion of an existing trail. I have inspected the proposed
a replacement property and concluded that the recreation value is greater than that of the park
sT'T land that will be lost.
Joe DuuidRee
TOURISM
M TOURIS r it is my opinion that the City of Fayetteville's reason for requesting this waiver is compelling.
GRWRKRRM Please call me at (501) 682-1301 if additional information is needed. I am attaching a map
or. wa*mc er illustrating the locations of park land that will be permanently lost and of the proposed
HSTORYCOMMISSION replacement property as supporting documents for this request.
RobedPl�elps
KEEPARKANStiS
eEALHM Sincerely,
John eneke, Director
u or Recreation Grants Program
AMEOIIAL Enclosures
OPPOR111Nf1Yl
APFIRMAVIVE ACTIOW
A6MERICAHS WITH
DISAM117JES ACT
EMPLOYER
Springdale
Fayetteville
Land Purchased -
Beaver
for Hwy. 265 Widening AdIp
1 Replacement 6(f)
Property
Lake
Goshen
4
r �}
Land Proposed for
Hwy. 16 Widening
VO
Elkins
1 �1
1
Lake Fayetteville Park 0 05 l
and Lake Sequoyah Park Mile
Conversion and Replacement Sites
AHTD - Envimnmenlnl GIS - Reed
July 20,2012
United States Department of the Interior
National Park Service
Midwest Region
601 Riverfront Drive
Omaha, Nebraska 681024226 2012
670.1.3.B.(MWR-P/G)
Mr. John Beneke
Director, Outdoor Recreation Grants Program
Department of Parks and Tourism
One Capitol Mall
Little Rock, Arkansas 72201
Dear Mr. Beneke:
FM�
RECEIVED
en the deb e/
AUG - 2012
Outdoor R*creWU, Grants
This is to advise you that your request for a waiver of retroactivity for the acquisition of two
tracts of land, 4.5 acres in Fayetteville, Arkansas, has been granted.
The City of Fayetteville has requested that we process a waiver of retroactivity for the acquisition
of 4.5 acres of land located within Fayetteville, Arkansas. The 4.5 acres is adjacent to the 6(0
boundary of Lake Fayetteville Park.
Since waivers are only meant to allow a project to proceed while the application is being
prepared for submission, waivers should not remain outstanding for an extended period of time.
This waiver shall be effective for the remaining part of Federal fiscal year 2012 and all of Federal
fiscal year 2013 (September 30, 2013).
Granting of the waiver means only that the project will not be disapproved because title to the
land was received by the applicant prior to project approval and does not imply a qualitative
approval of the project. The retroactive costs are incurred at the applicant's risk, since the
granting of the waiver does not in any way ensure approval of the project.
Sincerely,
ames L. Krejci
Outdoor Recreation Planner
TAKE PRIDE' ,
IMAM ERICA
Lake Fayetteville Replacement Land
Warrant Deed and Property Line Adjustment
Support Letters
AHTD Environmental Impacts Assessment Form
Lake Fayetteville Trail
Part of Parcel No. 765-13206-200
Part of Parcel No. 765-15609-000
Part of Parcel No. 765-15614-000
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT Barbara Tyson, a single person, hereinafter called GRANTOR,
for and in consideration of the sum of One, Dollar ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, does
hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas,
a municipal corporation, hereinafter called GRANTEE, and unto Grantee's
successors and assigns, the following described land situated in the County of
Washington, State of Arkansas, together with all improvements located thereon,
subject, however, to recorded restrictions and easements, to -wit:
The purpose of this deed is to convey those portions as shown on Lot Line Adjustment recorded as Doc.
Ref. , in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington
County, Arkansas, the revised description of the whole tracts as follows:
City of Fayetteville Adjusted Tract:
The Northwest Quarter (NW '/a) of the Northeast Quarter (NE %), art of the Southwest Quarter (SW '/)
of the Northeast Quarter (NE'/) , part of the Southeast Quarter (SE'/) of the Northwest Quarter (NW %),
part of the Northeast Quarter (NE '/.) of the Southwest Quarter (SW %) all in Section Twenty-four (24),
Township Sixteen (16) North, Range Thirty (30) West; and a part of the Southwest Quarter (SW %) of the
Southeast Quarter (SE %) of Section Thirteen (13), Township Sixteen (16) North, Range Thirty (30) West,
Washington County, Arkansas, all being more particularly described as follows: BEGINNING at the
Southwest corner of said Southeast Quarter (SE 'f) of the Northwest Quarter (NW '/a) in said Section
Twenty-four (24), being a found stone with a chiseled "x'; thence along the Westerly line of said 40 acre
tract North 02°44'03" East 394.10 feet to a three inch (30) iron pipe; thence continuing along said Westerly
line North 02°44'03" East 737.86 feet to the approximate centerline of the original channel of Clear Creek
(now part of Lake Fayetteville); thence along said centerline North 84046'54" East 287.08 feet; thence
continuing North 71°07'18" East 166.90 feet; thence continuing along said centerline North 53007'34"
East 134.22 feet to the Northerly line of said 40 acre tract; thence along said line South 87°15'57" East
768.45 feet to the Westerly line of said Northwest Quarter (NW %) of the Northeast Quarter (NE '/);
thence along said Westerly line North 02*18'36" East 1,311.83 feet to the Southwest comer of the
Southwest Quarter (SW %) of the Southeast Quarter (SE %) of said Section Thirteen (13); thence along
the Westerly line of said forty (40) acre tract; North 03'01'13" East 566.36 feet to a found iron pin; thence
leaving said Westerly line North 72°06'28" East 1,414.35 feet to a set iron pin on the Easterly line of said
Southwest Quarter (SW '/a) of the Southeast Quarter (SE '/) of said Section Thirteen (13); thence along
said Easterly line South 02"53'24" West 1,058.46 feet to the Northeast corner of said Northwest Quarter
(NW '/) of the Northeast (NE %) of said Section Twenty-four (24); thence along the Easterly line of said
forty (40) acre tract South 03905'52" West 1,317.27 feet to the Northeast corner of said Southwest
Quarter (SW '/) of the Northeast Quarter (NE %) of said Section Twenty-four (24); thence along the
Easterly line of said forty (40) acre tract South 01'14'23" West 329.95 feet to a disturbed found iron pin;
thence leaving said Easterly line the following courses: North 87°00'48" West 860.00 feet to found iron
pin; South 02054'07" West 398.52 feet to a set iron pin; South 26°01'26" East 54.60 feet to a set iron pin;
South 03'28'55" East 80.47 feet to a set iron pin; South 16°38'04" West 122.25 feet to a set iron pin;
South 80°01'31" West 66.35 feet to a set iron pin; North 56°33'43" West 119.10 feet to a set iron pin;
South 89°07'38" West 123.06 feet to a set iron pin; North 47'01'00" West 132.93 feet to a set iron pin;
North 87°12'59" West 508.05 feet to a set iron pin; South 54°02'03" West 30.18 feet to a set iron pin;
South 02°59'59" West 49.43 feet to a set iron pin; South 54°02'03" West 48.45 feet to a set iron pin; North
87°38'58" West 116.98 feet to a set iron pin; South 54°55'46" West 25.03 feet to a set iron pin; South
16°53'21" W 130.87 feet to a set iron pin; South 89°57'49" W 90.30 feet to a set iron pin; North 28°43'35"
W 199.24 feet to a set iron pin; North 87°38'58" W 322.12 feet to a set iron pin; South 16°0602" East
321.63 feet to a set iron pin; South 02°36'08" West 184.97 feet to a set iron pin; North 87*23'52" West
228.09 feet to a set iron pin on the Westerly line of the Northeast Quarter (NE %) of the Southwest
Quarter (SW '/); thence along said Westerly line: North 02°45'14" East 95.00 feet to the point of
beginning, containing 108.739 acres, more or less.
LESS AND EXCEPT:
City of Fayetteville Original Tract Description
Parcel Nos. 765-13206-200; 765-15609-000; 765-15614-000 (Deed Bk 402, Pg 313):
The Northwest Quarter (NW %) of the Northeast Quarter (NE %) and part of the Southeast Quarter (SE
%) of the Northwest Quarter (NW '/) and part of the Southwest Quarter (SW '/) of the Northeast Quarter
(NE'/), all in Section Twenty -Four (24), Township Seventeen (17) North, Range Thirty (30) West, and a
WARRANTY DEED
Page - 2 -
part of the Southwest Quarter (SW %) of the Southeast Quarter (SE %) of Section Thirteen (13),
Township Seventeen (17) North, Range Thirty (30) West, more particularly described as follows, to -wit:
Beginning at a point 396 feet North of the Southwest corner of the Southeast Quarter of the Northwest
Quarter of said Section 24 and running thence East 825 feet to an iron pin; thence North 99 feet to an iron
pin; thence East 495 feet to the East line of said Southeast Quarter of the Northwest Quarter; thence East
451 to an iron pin; thence North 495 feet to an iron pin; thence East 869 feet to the East line of the
Southwest Quarter of the Northeast Quarter of said Section 24; thence North along the East line of said
Southwest Quarter of the Northeast Quarter 330 feet to the Northeast corner of said 40 acre tract; thence
North 1,320 feet more or less along the East line of the Northwest Quarter of the Northeast Quarter of
said Section 24 to the Northeast comer thereof; thence continuing North along the East line of the
Southwest Quarter of the Southeast Quarter of Section 13, Township 17 North, Range 30 West 1,034
feet to an iron pin, thence South 69 degrees and 52 minutes 1,405.9 feet, more or less, to a point on the
West line of the Southwest Quarter of the Southeast Quarter of said Section 13, 550 feet North of the
Southwest corner thereof; thence South 550 feet to the Southwest corner of the Southwest Quarter of the
Southeast Quarter of said Section 13; thence South along the West line of the Northwest Quarter of the
Northeast Quarter of said Section 24, 1,320 feet, more or less to the Southwest comer of the last named
forty acre tract, thence West along the North line of the Southeast Quarter of the Northwest Quarter of
Section 24 to the middle of the channel of Clear Creek; thence down the middle of the channel of Clear
Creek to the West line of said Southeast Quarter of the Northwest Quarter of said Section 24; thence
South to the point of beginning.
Resulting in a net conveyance of 4.391 acres, more or less.
TO HAVE AND TO HOLD the same unto the said Grantee and unto its successors and assigns, forever, with all
tenements, appurtenances and hereditament$ thereunto belonging; orovided however, this conveyance is made upon the
express limitation, evidenced by acceptance of this deed, that this property shall be used exclusively and solely for the
construction, use and maintenance of a multi -use trail together with all trail appurtenances, including lighting, with the
unconstructed remaining conveyed property left in its natural state and Grantees estate In the property conveyed herein
shall continue only for so long as the entirety of such property shall be used for such specified purpose; and at such time
as or in the event that any part of the property conveyed herein shall be used for any other purpose, then the entire
property, together with all improvements located thereon, and the title thereto shall immediately and automatically revert
to the Grantor, her successors and assigns, it being the intent of the Grantor to convey hereby a determinable fee which
shall terminate, and the title revert, upon the use of the property conveyed herein, or any part thereof, for any purpose
other than that granted. Except as set forth above, Grantor hereby covenants that it will forever warrant and defend the
title to the said lands against all legal claims whatsoever.
WITNESS the execution hereof on this day of _0!f�j 12012.
- -� 4- -
kE C. tom:--�• ►P+��.sv�*,..�- -+-V
BY: � �" ► j(V drs � 11 t�(ZA?i
Barbara Tyson
ACKNOWLEDGMENT
STATE OF ARKANSAS �•r�+' rv��
COUNTY OF WASHINGTON 71;
BE 1T REMEMBERED, that on this date, before the undersigned, a d ly commissioned and acting Notary Public
within and for said County and State, personally appeared Barbara Tyso a single person, to me well known as the
person who executed the foregoing document, and who stated and acknowledged she had so signed, executed and
delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this day of 2012.
MY COMMISSION EXPIRES:
T. CRA O JOKES
WASHINOTOHCOUNrY
K)TARYPUBW-AWANM
otary Pub
My Commbsion Eq*asAO 15.2M7
Commnlon No.12350M
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PROPERTY LINE ADJUSTMENT
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Public Meetings and Support Letters
ARKANSAS
REQUAL
PLAIKCi
COMMISSION
August 9, 2012
Matt Mihalevich, PLA, LCI
Trails Coordinator
City of Fayetteville
113 W Mountain Street
Fayetteville, Arkansas 72701
Dear Mr. Mihalevich:
1311 CLAYTONSr. SPRiNODAL$, ARKANSAS 72762
(479) 7514125 FA]x (479�7J1-71_SQ
The Northwest Arkansas Regional Planting Commission fully supports the park land
conversion needed to extend the Lake Fayetteville Trail around the south side of the
Lake. The Lake Fayetteville Trail is connected to the Razorback Regional Greenway and
the southern extension of the Lake Fayetteville Trail will provide increased bicycle and
pedestrian access to the Botanical Garden of the Ozarks, a popular travel destination.
We believe that the public will benefit greatly from the park land conversion.
If you have any questions, feel free to call at (479) 751-7125.
Sincerely,
John McLarty
Transportation Study Director
NWARPC
R�2!!Ma r•►W&AWwrAnON
.0a+ a wooer+
ARKAN SAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
F.D.Box 2261
Danflowers Liule Rock, Arkansas . 72203-2-761
Director h
Phone (301) 569-20M FaX (50 1) 569-NOO' -R WWWARKANSASHICWWAYS-COM
Ms. -Sandra L. Otto
Division Administrator
Federal Highway AdmiiiistmfiQn
3128 Federal 6friceBuilding
Little Rock, Arkansas 72201
June 24, 2011
R6:,AHTDJab Number 040440
FAP Number STP-3142(19)
Highway 265j:mprovepents
Highway,45 —City Limits (Fayetteville)
WaihingtowCbunty-
FONSI Reassessment
Dear Ms. Oho:
The Federal Highway Administration (FHWA) issued a finding. of no significant impact
(FONSI) for the. Highway 265 Improvements Pr6cct in Washington Conty on March, 17, 2009.
The FONS- I request jneorrectj'y indicated the-acqusition and, dernolitidn of standing structures, to
include four residential relocations! and four Ornmetclal.properfies.
The Highway 266 hnprovements project - bctwmu Highway 45 AW the, Fayetteville City Limits
will not require residential or cQnmm=ial PI'PPcrtY rclocations- The remaining information
incWded in -the, approved FONSI is acewate. SWuld you have qt!cstions or require additional.
information, please contact theEnvironmental Division at 569,228 1.
Sincerely,
Lynn P - M W bro u gh
Division Dead
Eh v"nWeMt.a1jDiVis1on
LPADRS-fe,
The Dgmrtment of
May 25, 2012
A11 wsas
Mr. Matt Mihalevich
Heritage
Trail Coordinator
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Mike Beebe Governor
Re: Washington County — Fayetteville
Section 106 Review — FHWA
Cathie Matthews Final Report Titled "A Cultural Resources Survey of the Proposed
Director Luke Fayetteville Hiking Trail Extension, Washington County,
Arkansas"
Arkansas Arts Council AAS Project Number 12-04
AHPP Tracking Number 79661
Arkansas Natural Heritage CommissionCommissionDear Mr. Mihalevich:
Delta cultural Center
The staff of the Arkansas Historic Preservation Program has reviewed the
above referenced report. This report presents the results of the archeological
Historic Arkansas Museum
survey of a proposed trail expansion and is acceptable. We find that the final
version of the report has addressed our
� previous comments. Based on the
'
information contained in this report, we concur that archeological site
Mosaic Templars
Cull Center
3WA1117 is ineligible for inclusion in the National Register of Historic
'
Places. Therefore, it is our opinion that the proposed undertaking will have no
effect on historic properties. Given this, we have no objection to the
Old State House Museum
implementation of the project as designed.
Thank you for the opportunity to review this undertaking. If you have any
Aft
questions, please call Eric Gilliland of my staff at 501-324-9880.
Arkansas Historic
Sincerely,
Preservation Program
1500 Tower Building
323 Center street
Frances MCSWain
Little Rock, AR 72201
Dqputy State Historic Preservation Officer
(501)3240
-988
fax: (1) 3 -988 84
0c' Dr. Ann Early, Arkansas Archeological Survey
tdd: (501) 324-9811
Mr. Randall Qindlinga AICan585 Archeological Survey
e-mail:
Dr. Andrea A. Hunter, Osage Nation
info(a)arkansast)reservation.ore
website:
www.arkansasr)reservation.com
An Equal Opportunity Employer
1-t-2
lym
ARKANSAS
FAYETTEVILLE PARKS AND RECREATION
ADVISORY BOARD
Minutes for August 6, 2012
Opening:
The regular meeting of the Parks and Recreation Advisory Board was
called to order by Steve Meldrum at 5:37 p.m. at the Frisco Trail, west of
the Greenhouse Grille, and north of MKL Blvd. The meeting then
convened at Room 111 at City Hall at 113 West Mountain in Fayetteville,
Arkansas.
Present:
Parks and Recreation Advisory Board members Meldrum, Watson,
Lawson, Leonard, McKnight, Paul, Proffitt, and Waite were present. No
one was absent. Staff members Edmonston, Gipson, Jumper,
Mihalevich, and Thomas were in attendance.
AGENDA:
7. Other Business:
Edmonston said that the highway department is widening Highway
265 and 16. To do that, they need some land from both Lake
Fayetteville and Lake Sequoyah. Both parks are in the recreation
grant area. If an area has received improvements through a recreation
grant, it has to remain the same. Parks had to give .79 acres to the
highway department, so Edmonston had to do a land conversion. If
land is taken away, it has to be replaced. She said that since we knew
we needed a trail, Parks got some donated land that will be used for
the land conversion. The donated 4.5 acres will also be used for the
land that was taken away from Lake Sequoyah. The land must be
appraised at the same value and the same recreational value.
Paul asked if Parks could bank the land.
Edmonston said yes.
Mihalevich said the land conversion takes a lot of paperwork.
THE CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
125 West Mountain
Fayetteville, AR 72701
Plane 0791444.340
August, 101h 2012
Mr. John Beneke
Arkansas Department of Parks and Tourism
One Capital Mall
Little Rock, AR 72201
Re: Lake Fayetteville Trail Southern Extension public input process
Dear Mr. Beneke:
On May 181h, 2010 the proposal to extend Lake Fayetteville Trail along the south side of the lake to Veterans
Memorial Park was presented to the Fayetteville City Council as a request to apply for grant funding through
the Arkansas Recreational Trails Program. The City Council meetings are advertised and open to the public.
The City Council and citizens are very supportive of this important connection and the grant funding was
approved.
The Fayetteville Active Transportation Advisory Committee is composed of 8 community members who
conduct advertised quarterly meetings that are open to the public. Their task is to review current and proposed
trail and sidewalk infrastructure projects and make recommendations based on input they receive from the
public. Based on public comment, the committee recommended the extension of Lake Fayetteville Trail and
was updated on the planning and land donation process during each of their meetings on the dates listed below.
The meetings are televised and broadcast to the public on the government channel.
Active Transportation Advisory Committee Meetings:
2010
May 12`' July 14`i' September 8`I' November 10`h January 12t1
2011
January 12`h April 131h July 13`'' October 12`I'
2012
January 11 th April 11 th July 11 tl'
Sincerely,
4 all Mihalevich
14i�
Trails Coordinator
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
113 West Mountain Fayetteville, AR 72701
Telecommunications Device for the Deaf TDD (479) 521-1316
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
INTER OFFICE MEMORANDUM
May 16, 2012
TO: Master Files
FROM: Lynn P. Malbrough, Division Head, Environmental Division 4,4u"�—
SUBJECT: AHTD Job Number 040613
FAP Number NRT- 13 02(205)
Lake Fayetteville Trail
Washington County
Tier One Categorical Exclusion for NRTFP
The Environmental Division has reviewed the referenced project and it falls within the
definition of a Categorical Exclusion under 23 Code of Federal Regulations, Section
771.117. The project is a Tier 1 Categorical Exclusion as defined by the AHTD FHWA
Memorandum of Agreement on the processing of Categorical Exclusions. A public
hearing will not be offered for this project.
The proposed action is a National Recreational Trails Fund Program (NRTFP) project.
The City of Fayetteville proposes to construct a multi -use concrete trail. The project will
provide the final link of the 4.3 mile Lake Fayetteville Paved Trail. The proposed project
involves constructing approximately 5,500 feet of 10-foot wide concrete trail along the
south side of Lake Fayetteville. Valley crossings will have 24 inch pipes installed to
maintain drainage and ADA accessibility.
This project is consistent with the goals of the 1990 Statewide Comprehensive Outdoor
Recreation Plan, the 1986 Arkansas Statewide Trails Plan, and the Americans with
Disabilities Act (ADA) of 1990.
There are no hazardous materials, wetlands, underground storage tanks, relocatees, or
public water supplies associated with this project. No Section 404 permit will be
required. The Transportation Equity Act for the 21 st Century of 1998 exempted the
Recreational Trails Program from Section 4(f) requirements (23 U.S.C. 206(h)(2)).
Correspondence with the State Historic Preservation Officer is attached. Approximately
AHTD Job Number 040613
Tier One Categorical Exclusion for NRTFP
Page 2 of 2
4.5 acres of land will be donated to complete this project as part of a Section 6(f) land
conversion at Lake Fayetteville City Park.
LPM:SS:fc
Attachments:
Project Location Map
Trail Layout
SHPO Clearance
Environmental Study Check List
c: Planning & Research
Programs and Contracts
Right of Way
District 4
FHWA
Master File
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LAKE V�TTEVILLE TRAIL
7.5 Minute Topographic Quadrangle SECT104 24 T 17N. R Sow
• - a Existing Multi -Use Trails SHEEF ' 4F f JAN 2012
SCALE 1,24,000 _
Proposed Lake Fayetteville Trail 0 0.25 0,5 1
11111 Miles
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DEPARTMENT OF THE ARMY
LITTLE ROCK DISTRICT, CORPS OF ENGINEERS
ROGERS REGULATORY FIELD OFFICE
2260 N. SECOND STREET
ROGERS, ARKANSAS 72756
REPLY TO
ATTEMPION OF
Regulatory Division
File No.: 201100805
Mr. Matt Mihalevich
The City of Fayetteville, Arkansas
125 West Mountain
Fayetteville, Arkansas 72701
Dear Mr. Mihalevich:
January 24, 2012
Please refer to your request dated November 28, 2011, concerning Department of the Army
permit requirements pursuant to Section 404 of the Clean Water Act. You requested
authorization for the construction of a recreational trail along the south side of Lake Fayetteville.
The project is located in Section 24, T. 17 N., R. 30 W., Fayetteville, Washington County,
Arkansas.
Corps of Engineers personnel has evaluated the sites by reviewing the information you
provided, aerial and topographic maps and found no wetland areas or other waters of the United
States within the project area Therefore, the proposed project does not require a Section 404
Department of the Army permit.
This determination does not relieve you of complying with other applicable local, state, and
Federal laws.
We have attached the Approved Jurisdictional Determination and the Notification of
Administrative Appeal Options and Process and Request for Appeal. The notification describes
your options regarding this action.
Your cooperation in the Corps of Engineers regulatory program is appreciated. If you have
any questions, please contact me at (479) 636-1210, ext 1389.
Sincerely,
Debra Woodward
Project Manager
Enclosures
Copy Furnished:
Ch, Regulatory Enf Br, w/cy dwgs
'The Department of
May 9, 2012
1 l_I tmnsas
Mr. Matt Mihalevich
Heritage
Trail Coordinator
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Mike Beebe Re: Washington County — Fayetteville
yetteville
Section 106 Review - FHWA
Cathie Matthews Draft Report Titled "A Cultural Resources Survey of the Proposed
Director Lake Fayetteville Hiking Trail Extension, Washington County.
Arkansas"
Arkansas Arts Council AAS Project Number 12-04
AHPP Tracking Number 79661
Arkansas Natural I teritage
Commission Dear Mr. Mihalevich:
Delta Cultural Center The staff of the Arkansas Historic Preservation Program has reviewed the
above referenced report. This report presents the results of the archeological
survey of a proposed trail expansion. Based on the information contained in
Flistonc Arkansas Museum this reportwe concur that archeological site 3 WA 1 1 17 is ineligible For
inclusion in the National Register of Historic Places. 'Therefore, it is our
Mosaic femplars opinion that the proposed undertaking will have no effect on historic
C ultura► Center properties Given this, we have no objection to the implementation of the
project as designed.
Old State House Museum
Aft
Arkansas Historic
Preservation Program
1500 Tower Building
323 Center Street
Littic Rock. AR 72201
(501) 324-9880
fax: (501)324-9184
tdd. (50 t) 324-981 I
e-mai L
inlotu�ark samre rvati3n ore
wchsite;
wwM.arkan,sasareservation com
An Equal Opportunity Employer
Please have the archeologist consider the following comments during the
production of the final report.
• Please provide a topographic map background for Figure I and
Appendix 1.
• in future reports, the background research should include examination
of the cultural resource files available at our ofFice. These tiles
contain information on over 35,000 properties. including structures,
many with associated archeological remains, and Civil War
battlefields. Many of these properties are not listed in the
archeological site files maintained at the Arkansas Archeological
Survey.
• The collection strategy used during the evaluation of site 3WA1 117
should be discussed.
• Please include a map showing the locations of shovel tests excavated
at site 3WA1117, as well as a table showing the contents of each
shovel test.
Thank you for the opportunity to review this undertaking. If you have any
questions, please call Eric Gilliland of my staff at 501-324-9880.
.-'��,
Sincerely,
Frances McSwain
Deputy State Historic Preservation Officer
cc: Dr. Ann Early. Arkansas Archeological Survey
Mr. Randall Guendling, Arkansas Archeological Survey
Dr. Andrea A. Hunter. Osage Nation
AHTD ENVIRONMENTAL IMPACTS ASSESSMENT FORM
AHTD Job Number 040613
Job Title Lake Fayetteville Trail
FAP Number NRT-1302(205)
Environmental Impacts
None Minor
Significant Comments
Air Quality
X
Construction Impacts
X
Cultural Resources
No effect on historic properties
Economic
X
Endangered Species
X
Energy Resources
X
Environmental Justice/Title VI
X
Fish and Wildlife
X
Floodplains
X
Forest Service Property
X
Hazardous Materials/Landfills
X
Land Use Impacts
X
Migratory Birds
X
Navigation/Coast Guard
X
Noise Levels
X
Prime Farmland
X
Protected Waters
X
Public Recreation Lands
X
Public Water Supply/WHPA
X
Relocatees
X
Section 4(f)/6(f)
X
NRTFP exempt from 4(f) requirements
Social
X
Underground Storage Tanks
X
Visual Impacts
X
Stream Impacts
X
Water Quality
Wetlands
t!F
Wildlife Refuges
Section 401 Water Quality Certification
Required?
N
Short-term Activity Authorization Required?
N
Section 404 Permit Required?
N Type
Remarks:
Signature of Evaluator 0.1' - C J Date May 11, 2012
511112M
Replacement and Conversion Land Maps
Future Proposed Banking at Lake Sequoyah
Springdale
Land Purchased
for Hwy. 2 Widening
Replacement 6(f)
_ Property
Fayet#evill.®
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' f Hwy. 16 Widening
' Elkins
Lake Fayetteville Park 0 05 l
and Lake Sequoyah Park Mile
Conversion and Replacement Sites
AHTD - Environ—Lal GIS - Reed
July 207 2012
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DEPARTMENT OF
PARKS & TOURISM
One Capitol Mall
Little Rock, AR 72201
Phone:601-682-7777
FAX:501-682-1364
History Commission
501-682-6900 (V/TT)
Keep Arkansas
Beautiful Division
501-682-3507
Personnel Section
501-682-7742 (V/TT)
State Parks Division
501-682-1191 (VITT)
Tourism Division
501-682-7777 (VfM
INTERNET
arkansos.com
Arka nsasStateParks. com
Mike Huckabee
GOVERNOR
Richard W. Davies
EXECUTIVE DIRECTOR
STATE PARKS,
RECREATION
& TRAVEL
COMMISSION
Jane Christenson
CHAIRMAN
Jim Shomburger
VICE-CHAIRMAN
Sieve Arrison
Bill Barnes
Jay Bunyard
Polly Crews
Danny Ford
Jim Gaston
Debra Hoak
Billy Lindsey
Monline McNulty
Mike Mills
Ness'Sechrest
Wade Williams
DIVISION DIRECTORS
Larry Cargile
ADMINISTRATION
Greg Butts
STATE PARKS
Joe David Rice
TOURISM
Nancy Clark
GREAT RIVER ROAD
John L. Ferguson
HISTORY COMMISSION
Robert Phelps
KEEP ARKANSAS
BEAUTIFUL
AN EQUAL
OPPORTUNITY/
AFFIRMATIVE ACTION /
AMERICANS WITH
DISABILITIES ACT
EMPLOYER
,%Avansas.
THE NATURAL STATE
Wednesday, August 10, 2005
The Honorable Dan Coody
Mayor of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
RE: Project # 05-00438
Lake Fayetteville Park Conversion
Dear Mayor Coody:
The City's request for conversion of the park property at Lake Fayetteville Park
has been approved by the National Park Service. You may now make all
necessary transfer of ownership for all lands involved in the conversion. Be
aware that the new park property is encumbered under all of the same rules and
regulations in the Land and Water Conservation Fund that the original park was
subject to and must remain in outdoor recreation in perpetuity. It is the
responsibility of the City to develop the new property into a useable park site.
If you have any further questions please fell free to contact me at (501)-682-
1301.
Sincerely,
zc__
Ian Hope, Project Officer
Outdoors Recreation Grants Program
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LWCF Proposal Description and Environmental Screening Form
The purpose of this Proposal Description and Environmental Screening Form (PD/ESF) is to provide descriptive information
about Land and Water Conservation Fund (LWCF) proposals for NPS review and decision. This form also serves as the
administrative record that supports the pathway used to document the National Environmental Policy Act (NEPA) analysis for
LWCF proposals. States and/or project sponsors should use this PD/ESF early in the planning process for any proposal that
will be submitted for NPS review and decision. The ESF portion is a tool for use during project planning that will help to
identify potential environmental impacts and issues that will ultimately inform the decision to use a categorical exclusion (CE),
or to conduct an Environmental Assessment (EA) or Environmental Impact Statement (EIS) process. The ESF can also be used
to document potential impacts and planned mitigation from previously conducted and still viable environmental reviews.
Except for the proposals listed below, the completed PD/ESF must be completed and signed by the State and accompany
each new federal application for LWCF assistance (Standard Form 424), and amendments for scope changes that alter or add
facilities and/or acres, including proposals for conversions, public facility exceptions, sheltering outdoor facilities, and
changing the original intended use of an area from that which was approved in an earlier LWCF agreement. Consult the
LWCF Grants Manual (www.nps.gov/lwcf) for detailed guidance on additional information required for your type of proposal
and for further guidance on how to comply with NEPA.
For the following types of proposals, only this cover page is required because these proposals are categorically excluded
from further NEPA environmental analysis. NPS will complete the NEPA Categorical Exclusion Form for you. Simply check
the applicable box below, and complete and submit this Cover Page to NPS along with the other items required for your type of
proposal as explained in the LWCF Grants Manual.
❑ SCORP planning proposal
❑ Time extension with no change in project scope or with a reduction in project scope
❑ To delete work and no other work is added back into the project scope
❑ To change project cost with no change in project scope or with a reduction in project scope
Date: March 3, 2014
Name of LWCF Project: Lake Sequoyah Park
Prior LWCF Project Number(s) List all prior LWCF project numbers and other park names associated with site(s):
#05-00438 and #A-1 01 33094-WA
Local or State Sponsoring Agency:
City of Fayetteville, AR
Local or State Sponsor Contact:
Name/Title:
Connie Edmonston
Parks and Recreation Director
Office/Address:
113 West Mountain Street, Fayetteville, AR 72704
Phone/Fax:479.444.3473 Email: cedmonston@fayetteville-ar.gov
479.521.7714
Cover Page
Use a separate sheet for narrative descriptions and explanations. Address each item and question in the
order it is presented, keying it to the associated item, such as Step 1-A1, A2; Step 3-B1;Step 6-A1, A29; etc.
Step 1. Type of LWCF Proposal
II New Project Application
Acquisition ® Development
Go to Step 2A Go to Step 2B
FW Project Amendment
❑Combination (Acquisition & Development)
Go to Step 2C
EDIncrease in scope or change in scope from original agreement.
Complete Steps 3A, and 5 through 7.
F6(f) conversion proposal. Complete Steps 3B, and 5 through 7.
Request for public facility in a Section 6(f) area. Complete Steps 3C, and 5 through 7.
IIRequest for temporary non -conforming use in a Section 6(f) area.
Complete Steps 4A, and 5 through 7.
IIRequest for significant change in use/intent of original LWCF application.
Complete Steps 4B, and 5 through 7.
nRequest to shelter existing/new facility within a Section 6(f) area regardless of who
funds the work. Complete Steps 4C, and 5 through 7.
Step 2. New Project Application (See LWCF Manual for guidance.)
Proceed to Steps 5 through 7
Step 3. Project Amendment (See LWCF Manual for guidance.)
A. Increase/Change in Project Scope
1. For Acquisition Projects: To acquire additional property that was not described in the original project
proposal and NEPA documentation, follow Step 2A-Acquisition Project and 2D.
2. For Development Projects: To change the project scope for a development project that alters work from the
original project scope by adding elements or enlarging facilities, follow Step 213-Development Project and 2D.
3. For Combination Projects: Follow Step 2C as appropriate.
B. Section 6(f) Conversion Proposal
Prior to developing your Section 6(f) conversion proposal, you must consult the LWCF Manual and36 CFR 59 for
complete guidance on conversions. Local sponsors are encouraged to consult early with the State LWCF manager
when a conversion is under consideration or has been discovered. States are also encouraged to consult with their
NPS-LWCF manager as early as possible in the conversion process for guidance and to sort out and discuss
details of the conversion proposal to avoid mid -course corrections and unnecessary delays. An important first step
is for the State and NPS to agree on the size of the Section 6(f) parkland impacted by any non -recreation, non-
public use, especially prior to any appraisal activity.
For NPS review and decision, the following elements are required to be included in the State's completed
conversion proposal to be submitted to NPS:
1. A letter of transmittal from the SLO recommending the proposal.
3/06
2. Describe in detail the sponsor's need to convert the Section 6(f) parkland including all efforts to consider other
practical alternatives to this conversion, how they were evaluated, and the reasons they were not pursued.
Arkansas Highway Transportation Department (AHTD) has planned for the widening of Highway 116 East
and bridge replacement crossing the Middle Fork of the White River for the past several years due to the
traffic congestion and the deteriorating condition of the bridges. Lake Sequoyah Park lies on both sides of the
highway right of way, so it was not possible to avoid the park. Funding became available for the project and
AHTD needed 3.1 acres of parkland at Lake Sequoyah to expand the right-of-way for the bridge. Only 0.37
acres on the north side of the bridge is within the 6(f) boundary. City officials met with the Highway
Department and determined the land necessary for this widening that would have the least impact on the
park as possible. The 3.1 acres of park land needed for the project lies within a ditch and did not have a
recreational value except for serving as a buffer separating the park from the highway. AHTD provided an
evaluation of the project at Lake Sequoyah Park. The evaluation determined that the proposed roadway
improvement will not harm the protected features, qualities or activities that make the park important for
recreation. This project was redesigned at the request of the City of Fayetteville in order to provide bike
lanes and sidewalks on the bridge. The bike lanes will provide alternative transportation access to Lake
Sequoyah Park. Future plans are to complete the natural trail around Lake Sequoyah. AHTD's improvements
will enhance and increase outdoor usage of Lake Sequoyah Park. No other alternatives were pursued since
Lake Sequoyah Park lies on both side of the existing highway bridge. AHTD has predicted work on this
project to occur in 2016.
3. Provide a statement on how the conversion is in accord with the State Comprehensive Outdoor Recreation Plan
(SCORP).
Trading of this small acreage of 0.37 acres at Lake Sequoyah to the replacement 4.5 acres at Lake Fayetteville
would support the SCORP Priorities as follows:
SCORP: Align efforts to improve outdoor recreation with existing conservation, preservation and public
good initiatives. The 3.71 acres (part of the original 4.5 acre) of replacement land at Lake Fayetteville Park
contains beautiful woods, rolling terrains, and a pasture area; whereas the 0.37 acres of conversion was land
in a ditch and had no recreational or conservation/preservation benefit.
SCORP: Improve Access to, and quality of, health and fitness related recreational areas and facilities.
The replacement 4.5 acres at Lake Fayetteville promotes the use of this beautiful natural by allowing the last
mile of the loop trail to be completed. The completion of the loop trail improves access as well as enhancing
aesthetics to Lake Fayetteville Park. The new bridge over Lake Sequoyah will have bike lanes and be
accessible to Lake Sequoyah's 1,400 acre park. Amenities provided at Lake Sequoyah Park include: marina
office, boat ramp, picnic facilities, restroom, fishing pier, and nature trails.
SCORP: Improve the quality, accessibility, and availability of outdoor recreational resources on public
lands and parks in a sustainable way. AHTD's construction of bike lanes on the highway and bridge will
make Lake Sequoyah more accessible to our citizens. The addition of the replacement property at Lake
Fayetteville provided an accessible 5 '2 mile trail loop around Lake Fayetteville Park. Lake Fayetteville Park
amenities include the following: 3 pavilions, fishing piers, boating ramp and stalls, environmental study
center, botanical gardens, softball complex, restrooms, concession stand, playgrounds, disc golf course, as
well as hard and natural trails.
SCORP: Enhance the Economic Benefit of Recreation Resources: The 5.5 mile trail around the perimeter of
Lake Fayetteville draws people to visit and utilize Lake Fayetteville, thus enhancing the economic benefit to
our City. With the completion of the hard surface trail, organized runs and events will be drawn to this trail
encouraging people living outside of Fayetteville to come to our City to participate, stay in our hotels and
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dine out. This increases the Once Cent Hotel Motel Restaurant Tax our City receives for development,
construction and maintenance of our Parks System.
SCORP: Conserve Natural and Recreation Resources for Future Generations: The addition of the 4.5 acres will
Increase the acreage of Lake Fayetteville by 3.71 acres and conserve these acres in a 6(f) boundary to be used
for outdoor recreation purposes only.
4. Complete the State Appraisal Review certification in Step 7 for both the converted and replacement parcels
certifying that the appraisals meet the "Uniform Appraisal Standards for Federal Land Acquisitions." States
should retain copies of the appraisals and make them available if needed.
Appraisals of the 0.37 acres of conversion land at Lake Sequoyah and 4.5 acres of replacement land at Lake
Fayetteville Park were completed by the Arkansas Highway Transportation Department and are attached.
5. For the parkland proposed for conversion:
a. Identify the specific location, 9-digit zip code, and name of park or recreation area proposed for conversion.
The replacement land is located in Lake Fayetteville Park at 1330 East Lake Fayetteville Road, Fayetteville,
AR 72703. The conversion property is located in Lake Sequoyah Park at 6608 East Lake Sequoyah Drive.
Describe the area proposed for the conversion including the acreage to be converted and any acreage
remaining. For determining the size of the conversion, consider not only the physical footprint of the non -
recreation development/activities but how the development/activities will impact the entire 6(f) park area.
Describe the recreation resources, facilities, and recreation opportunities that will be impacted, displaced or
lost by the proposed conversion. For proposals to partially convert a Section 6(f) park area, the remaining
6(f) parkland must remain recreationally viable and not be impacted by the non -recreation activities that are
triggering the conversion. If it is anticipated that the non -recreation activities overlap and impact the
remaining Section 6(f) area, the proposed area for the conversion should be expanded to encompass all
impacted parkland.
The 0.37 acres of park land within the proposed land conversion is vegetated with grass and a few small
trees/shrubs in the ditch adjacent to Highway 16 East. There will be approximately 1,399.63 acres
remaining in Lake Sequoyah Park with the subtraction of the 0.37 acres and 499.63 acres remaining in the
6(f) boundary. Prior to the land conversion to the Arkansas Highway Transportation Department, there
was no precipitating activity occurring in this 0.37 acre area. This parcel was basically a buffer area
between the park and highway. There will be no recreation resources, facilities and recreation
opportunities impacted, displaced or lost by the conversion of the 0.37 acres. AHTD noted in the DE
MINIMIS FINDING the following:
• The Middle Fork of the White River may have temporary restrictions on river traffic during
construction (no longer than 30 minutes at a time).
There may be temporary increases in noise levels during demolition of existing structures and
construction of new structures.
AHTD will implement the following measures to reduce harm to Lake Sequoyah Park:
• The additional right of way needed was minimized as much as possible. Any land required within
the Section 6(f) boundary will be replaced in kind.
• Special provisions will be added to the contract for boater safety, as well as limiting the amount of
time the Middle Fork can be closed to river traffic.
• The project was redesigned, at the request of the City of Fayetteville, to provide bike lanes and
sidewalks. These alternative transportation facilities will provide access to Lake Sequoyah Park
and provide the park with a means to complete their multi -use trail around Lake Sequoyah.
• Access will be provided to park property west of the bridge that is currently inaccessible.
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c Describe the community and population served by the park, including who uses the park and how?
Lake Sequoyah Park is located in Washington County, Arkansas, and owned by the City of Fayetteville. The
park property includes 1,400 acres. The main purpose of Lake Sequoyah Park is for recreation on and
around Lake Sequoya. Recreational activities at the park include hiking, mountain biking, horseback riding,
boating, fishing bird watching, and picknicking. In addition, the Boy Scout Troops have heavily utilized this
park for hiking, badge certifications, Eagle Scout projects, building trails, and camping. The Boy Scout
Annual Camporee is held each year at Lake Sequoyah.
Lake Sequoyah is categorized as a regional park that serves the citizens of Fayetteville, AR, University of
Arkansas students, city of Elkins, AR, residents from NW Arkansas, as well visitors to our city. Fayetteville's
population is 75,102. The City of Elkins, AR is 2,648. The University of Arkansas college enrollment is
approximately 25,000 students.
Lake Sequoyah serves a diverse population of all ages and nationalities. Lake Sequoyah has the following
amenities: fishing/boating lake, marina office building, restroom, boat ramp, and reservoir fishing area, 4
miles of nature trail, kiosk area, picnic areas and park benches. The Boy Scout Troops and Eagle Scouts
have utilized Lake Sequoyah for their service projects of blazing trails, building bridges, and park cleanup
days. The University of Arkansas has utilized the lake for special environmental studies.
d. For partial conversions, where only a portion of the Section 6(f) area is proposed for conversion, produce a
revised 6(f) map clearly indicating both the portion that is being converted and the portion remaining intact
under Section 6(f).
Map is attached.
6. For the proposed replacement site(s):
a. Produce a location map indicating specific location of site(s) and associated 9-digit zip code(s), clearly
indicating major roadways and waterways. If site(s) will be added to an existing public park/outdoor
recreation area, indicate on map. Show geographical relationship between replacement site(s) and Section
6(f) converted parkland.
See attached maps. Replacement Property: Lake Fayetteville Park is 1330 East Lake Fayetteville Road,
Fayetteville, AR 72703. Conversion Property: 6608 East Lake Sequoyah Drive, Fayetteville, AR 72701
b Describe the site's physical characteristics and resource attributes by describing and quantifying the types of
resources and features on the site (for example, 15 acres wetland, 2,000 feet beachfront, 50 acres forest,
scenic views, 75 acres riparian, vacant lot, special habitat, any unique or special features, structures,
recreation amenities, historic/cultural resources, hazardous materials/contamination history, restrictions,
institutional controls, easements, rights -of -way, overhead/underground utilities including overhead wires,
towers, etc.
The project area is located in central Washington County within the southern portion of the Springfield
Plateau, a subdivision of the Ozark Mountains physiographic region. This plateau extends along the western
portion of the Ozarks between the Boson Mountains and the Salem Plateau. The soils are Baxter cherty silt
loam 20 to 45 percent slopes on the terrace edges overlooking Lake Fayetteville and Nixa cherty silt loam on
the upland flats. Large quantities of residual chertfrom the extensive Boone chert/limestone formation are
typically found in these soils. This material was utilized by prehistoric inhabitants for the production of
stone tools and is used today for gravel and stone construction.
"The diverse topography, hydrology, and elevations present in northwest Arkansas serve as habitats for a
large number of animal species. Species inhabiting flood plains and terraces along creeks include various
turtles, beaver, otter, gray fox, red fox, muskrat, skunk, black bear, and eastern woodrat. Upland areas
were home to mourning dove, bobwhite quail, gray and red foxes, elk, white-tailed deer, gray squirrel,
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cotton -tailed rabbit, opossum, raccoon, and black bear. Today there has been no evidence known for black
bears or elks in this area."
The land includes lowland forest in the flood plain of Clear Creek and in the uplands away from the creed
were oak barrens. These open habitats quickly reverts to forest after settlement of the area, largely due
to the suppression of uncontrolled burning of the grasses that kept woody seedlings from establishing
themselves. The Cultural Resources Survey of this property by Randall L. Guendling states, "The present
environment is the result of 150 years of farming, timber clearing, economic development and
urbanization that has radically altered the early nineteenth century biotic system of both plants and
animals. " The Arkansas Archeological Survey conducted a cultural resources survey of the proposed new
trail segment assed "the presence prehistoric deposits, documented a historic component on the site and
surveyed the remaining route for unrecorded archeological sites. The survey determined that construction
of the trail would have no impact on significant archeological deposits.
Note: Information obtained from Randall L. Guendling May of 2012 report, "A Cultural Resources Survey
of the Proposed lake Fayetteville Hiking Trail Extension".
There are no any unique or special features, structures, recreation amenities, histori%ultural
resources, hazardous materials/contamination history, restrictions, institutional controls, easements,
rights -of -way, overhead/underground utilities located on this property.
c. Identify the replacement site (s) owner(s) and its recent history of use/function up to the present.
Barbara Tyson is the owner of the property. She has requested for her land donation to remain
anonymous to the public. Former use of a portion of this property has been a hayfield with the remaining
land being forested and left in its natural state.
d. Explain in detail how the proposed replacement site(s) is of reasonably equivalent usefulness and location as
the property being converted. Describe the recreation needs that will be met by the new replacement parks,
populations to be served, and new outdoor recreation resources, facilities, and opportunities to be provided.
Our City's goal was to build a hard surface loop trail around Lake Fayetteville consisting of 574 acres. In
2012, the city had 4-1/2 miles of hard surface trail built with one mile remaining to be built on the south
side of the park. The south side had deep ravines and was very costly to build because of the four bridges
that would be required due to the steep terrain of the land. Staff visited with the property owner to the
south of the park to determine if she would be interested in donating, selling, or giving an easement to the
City for the City to complete the trail. The property owner offered to donate 4.5 acres that made the
completion of the loop trail around the lake possible. This property is more aesthetically pleasing and will
be more useable for park purposes in completion of the trail that will bring more users to our trails system.
Citizens have really used and love the trail at Lake Fayetteville for the many recreational opportunities it
provides. They had been requesting the completion of this trail to complete the loop around Lake
Fayetteville for the past few years. In 2013, the last mile was completed on the replacement land.
Completion of the loop trail continues to serve the citizens of Fayetteville, University of Arkansas students,
citizens of Springdale, residents from NW Arkansas, as well visitors to our city. See answer to #5 (C) above
for the opportunities and amenities available at Lake Fayetteville Park. Portions of the nature trail was re-
routed on the existing Lake Fayetteville Park property by a volunteer group called the Ozark Off -Road
Cyclist. With the enhancement of the 5-1/2 mile loop trail and renovation of the nature trail, Lake
Fayetteville's attendance has increased tremendously. The new trail area has experienced an average of
724 users a day and a peak day of 1,625 on April 7, 2013 according to the trail electronic counter.
e. Who will own and manage the new replacement park(s)?
The City of Fayetteville will own the replacement property and the land will be managed by the
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Parks and Recreation Department.
f. What will be the name(s) of the new replacement park(s)? If replacement park(s) will be added to
an existing public park area, will the existing area be included within the 6(f) boundary? What is
the name of the existing public park area?
The additional 4.5 acres of land will be added to the existing Lake Fayetteville Park which is in a
6(f) boundary. The entire 577.71 acres is part of Lake Fayetteville Park.
g. Provide a timeframe for completing the new park area(s) and making it available for public outdoor
recreation use.
The City of Fayetteville Transportation Department's Trail Building Crew started building the
hard surface trail on August 15, 2012 and the trail was completed on April 9, 2013. The trail
opening was on May 18, 2013. This trail is part of the Northwest Arkansas Razorback
Greenway Trails System as well as Fayetteville's Alternative Transportation Trail.
h. Produce new Section 6(f) map(s) for the new replacement park(s).
Maps are attached.
Environmental analysis must be conducted for converted apdrep/acement sites.
Proceed to Steps 5 through 7
C. Proposal for a Public Facility in a Section 6(f) Area
Prior to developing this proposal, you must consult the LWCF Manual for complete guidance. In summary, NPS
must review and decide on requests to construct a public facility within a Section 6(f) area. In certain cases NPS
approval may be given to construct public facilities within a Section 6(f) area where it can be shown that there is a
gain or increased benefit to public recreational opportunity. In most cases, development of non -recreation public
facilities within a Section 6(f) area constitutes a conversion. Describe in detail the public facility proposed and
include the following information, if appropriate:
This section is not applicable to The City of Fayetteville land conversion as outlined in Step 1 - Project Amendment
(f) conversion proposal.
Proceed to Steps 5 through 7
Step 4. Proposals for Temporary Non -Conforming Use, Significant Change in
Use, and Sheltering Facilities (See LWCF Manual for guidance.)
This section is not applicable to The City of Fayetteville land conversion as outlined in Step 1 - Project Amendment
(f) conversion proposal.
Proceed to Steps 5 through 7
B. Proposal for Significant Change in Use
Prior to developing the proposal, you must consult the LWCF Manual for complete guidance. NPS approval must
be obtained prior to any change from one eligible use to another when the proposed use would significantly
contravene the original plans or intent for the area outlined in the original LWCF application for federal assistance.
NPS approval is not required for each and every facility use change. For proposals that will significantly change
the use of a LWCF-assisted site (e.g., from passive to active recreation), address the following points:
This section is not applicable to The City of Fayetteville land conversion as outlined in Step 1 - Project Amendment
(f) conversion proposal.
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Proceed to Steps 5 through 7
C. Proposal for Sheltering Facilities
Prior to developing this proposal, you must consult the LWCF Manual for complete guidance. NPS must review
and decide on all proposals to shelter an existing outdoor recreation facility or construct a new sheltered recreation
facility within a Section 6(f) area with or without LWCF assistance. The proposal must demonstrate that there is a
gain or increased benefit to public recreation opportunity. Describe the sheltering proposal in detail, including the
following information:
This section is not applicable to The City of Fayetteville land conversion as outlined in Step 1 - Project Amendment
(f) conversion proposal.
Proceed to Steps 5 through 7
Step 5. Summary of Previous Environmental Review
Describe any prior environmental review undertaken at any time for this proposal or related efforts that could be
useful to understanding potential environmental impacts. Consider previous local, state, federal (e.g. HUD, EPA,
USFWS, FHWA, DOT) and other environmental reviews. At a minimum, address the following:
This section was completed by the Arkansas Highway Transportation Department. See Attached Forms —
Environmental Assessment.
Proceed to Steps 6 through 7
Step 6. Environmental Screening Form (ESF)
Arkansas State Highway & Transportation Department
Submission Attached for the Environmental Screening Form
(ESF)
Step 7. NEPA Pathway Recommendation and Certifications
First consult the attached list of "Categorical Exclusions (CEs) for Which a Record is Needed," If you find your
action in the CE list, and you have determined in Step 6A that impacts will be minor or less for each applicable
environmental resource on the ESF, and you answered "no" to all of the "Mandatory Criteria" questions in Step 6B,
the proposal qualifies for a CE. Complete the following "State LWCF Environmental Recommendations" box
indicating the CE recommendation.
If you find your action in the CE list, and you have determined in Step 6A that impacts will be greater than minor or
that more data is needed for any of the resources, and you answered "no" to all of the "Mandatory Criteria"
questions, your environmental review team may choose to do additional analysis to determine the context,
duration, and intensity of the impacts of your project or may wish to revise the proposal to minimize impacts. If
impacts remain at the greater than minor level, an EA must be prepared for your proposal. Complete the following
"State Environmental Recommendations" box indicating the need for an EA.
If you do not find your action in the CE list, regardless of your answers in Step 6, you must prepare an EA
or EIS. Complete the following "State Environmental Recommendations" box indicating the need for an
EA or EIS.
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State LWCF Environmental Recommendations and Appraisal Certification
1 certify that a site inspection was conducted for each site involved in this proposal and to the best of my
knowledge, the information provided in this LWCF Proposal Description and Environmental Screening Form
(PD/ESF) is accurate based on available resource data. All resulting notes, reports and inspector signatures
are stored in the state's NEPA file for this proposal and available upon request.
On the basis of the environmental impact information for this LWCF proposal as presented in this LWCF
PD/ESF with which I am familiar, I recommend the following NEPA pathway:
This proposal qualifies for a Categorical Exclusion (CE).
• CE Item*
• Explanation:
This proposal requires an Environmental Assessment (EA) which is attached and
has been produced in accordance with the LWCF Grants Manual.
This proposal may require an Environmental Impact Statement (EIS). NPS guidance
is requested per the LWCF Grants Manual.
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State Appraisal Review -If applicable, complete this certification for each appraisal.
I certify that the State has reviewed the appraisal and has determined that it was prepared in conformity
with the Uniform Appraisal Standards for Federal Land Acquisitions.
Property Address:
Date of appraisal transmittal letter:
Fair market value: $ Effective Date of Value:
SLO/ASLO Original Signature: Date:
Typed Name, Title, Agency:
12
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Lake Sequoyah Environmental Screen Forms
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Scott E. Bennett P.O. Box 2261
Director 44 Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 Telefax (501) 569-2400
Voice/TTY 711 4D www.arkansashighways.com
June 19, 2013
Ms. Sandra L. Otto
Division Administrator
Federal Highway Administration
700 West Capitol, Room 3130
Little Rock, Arkansas 72201-3298
Re: Job Number 040641
FAP Number NHPP-9142(34)
Bridge Number A0982
Middle Fork White River Str. & Apprs.
(Fayetteville) (S)
Washington County
Tier 3 Categorical Exclusion
Dear Ms. Otto:
The Environmental Division has reviewed the referenced project and it falls within the
definition of the Tier 3 Categorical Exclusion as defined by the AHTD/FHWA
Memorandum of Agreement on the processing of Categorical Exclusions. The following
information is included for your review and, if acceptable, approval as the environmental
documentation for this project.
The purpose of this project is to correct structural and roadway deficiencies on the
Highway 16 bridge crossing the Middle Fork of the White River. The project is located
in the City of Fayetteville in Washington County. Total length of the project is 0.6 mile.
A project location map is enclosed.
The existing 15-span bridge (A0982) has a 555' x 28' concrete deck on steel beam spans
supported by concrete piles and bents. It has a sufficiency rating of 47.2. The existing
roadway consists of two 11-foot wide paved travel lanes with 6-foot wide shoulders. The
existing right of way width is approximately 100 feet.
AHTD Job Number 040641
Tier 3 Categorical Exclusion
Page 2 of 3
The proposed project will replace the bridge with a 9-span structure with a 581' x 70'
concrete deck on a continuous composite W-beam supported by steel pilings and concrete
bents. The proposed structure will be constructed 32' upstream of the existing centerline.
The proposed roadway will include four 11-foot wide paved travel lanes (striped for two
lanes) with curb -and -gutter, 4-foot wide bicycle lanes, and 5-foot wide sidewalks. The
average proposed right of way width will be variable between 130'— 210'.
Approximately 5.8 acres of additional right of way will be required for this project.
Design data for this project is as follows:
[Design Year
Average Daily Traffic
Percent Trucks
Design Speed
2013
13,000
8
55 mph
2033
18,000
8
45 mph
There are no relocations, Executive Order 12898 Environmental Justice issues, or
endangered species associated with this project. Field inspections found no evidence of
existing underground storage tanks or hazardous waste deposits. Approximately
0.3 acres of Prime Farmland will be converted to highway right of way. Form
NRCS-CPA-106 is enclosed.
Noise predictions have been made for this project utilizing the Federal Highway
Administration's Traffic Noise Model 2.5 procedures. A noise assessment is enclosed.
Lake Sequoyah Park is a Section 4(f) property that will be impacted by the proposed
project. Measures were taken to minimize impacts to the park. A Section 4(f) De
Minimis Evaluation for impacts to Lake Sequoyah Park is enclosed.
The Adrian Fletcher House, which was recently listed on the National Register of
Historic Places, is in close proximity to the western limit of the project. Measures were
taken to minimize impacts to the historic structure and associated property. A Section
4(f) De Minimis Evaluation for impacts to the Adrian Fletcher House is enclosed.
Public involvement meetings for this project were held on January 26, 2012 and January
31, 2013 at Harris Baptist Church in Elkins, Arkansas. The public involvement synopses
are enclosed.
Approximately 2.46 acres of wetlands will be permanently impacted. See the enclosed
wetland assessment for a detailed description of the impacted wetlands. There are no
approved wetland mitigation credits available; therefore, mitigation will be completed at
the first available mitigation bank or a permittee-responsible mitigation area.
Construction of the proposed project should be allowed under the terms of Nationwide
AHTD Job Number 040641
Tier 3 Categorical Exclusion
Page 3 of 3
Permit 23 for Approved Categorical Exclusion Projects as defined in Federal Register
77(34):10184-10290.
If you have any questions, please contact the Environmental Division at 569-2281.
AP OVER
&WIWOW" $Pak"
F+Wresl in" &
Enclosures
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c: Programs and Contracts
Right of Way
Roadway Design
District 4
Master File
Sincerely,
Lynn P. Nlalbrough
Division Head
Environmental Division
Fayetteville
Begin Job 040641
0 500 1,000
Feet
AHTD - Environmental G[S - Reed
March 22, 2013
End Job 040641
Odle
Job 040641
Middle Fork White River Str. & Apprs.
(Fayetteville) (Hwy. 16)
Washington County
Elkins
Project Location
ARKANSAS STATE HIGHWAY
AND 7( a
TRANSPORTATION DEPARTMENT F N wA
NAQ
Soon E, Beonetl P.O. Box 2261
Dbeclor U& Bock, Arkenm 72203-2261
Telophone (501) 569-2000 Telerax (301) 569-2400
VokerM 711 www.Uk&N hkhWeye.com
February 7, 2013 A14 P?
Mr. George McCloskey
LIAR 01 2.013
Arkansas Historic Preservation Program
1500 Tower Building
323 Center Street
Little Rock, Arkansas 72201
RE: AHTD Job No. 040569
West & Middle Forks White River
Strs. & Apprs. (S)
Washington County
Dear Mr. McCloskey:
Enclosed for your review is an addendum to the above referenced project. Please review
for concurrence with the findings of my staff. If you have any questions or require
additional information, contact Kristine Boykin of my staff at 569-2079.
Enclosure
Addendum
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Sincerely,
Lynn P. Malbrough
Division Head
Environmental Division
RECEIVED
AH"D
MAR 15 2013
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Date w . f- - _Ali t,Twe- nn ti
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ARKANSAS STATE HIGHWAY
AND Owh
TRANSPORTATION DEPARTMENT
Dan Flowers P.O. Box 2261
Director R4 Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 4Telet:ax (501) 569-2400
Mr. George McCluskey
Section 106 Review Officer
1500 Tower Building
323 Center Street
Little Rock, Arkansas 72201
Dear Mr. McCluskey:
May 4, 2011
AHPP
MAY 092011
RECEIVED
AHTD
JUN 2 9 2011
ENVIRONMENTAL,
DIVISION
Re: AHTD Job Number 040569
West & Middle Forks White River
Strs. & Apprs. (S)
Washington County
A Project Identification Form for the referenced project is enclosed. Please review
for concurrence with the findings of my staff. If you have any questions or require
additional information, please contact Chris Branam of my staff at 501-569-2594.
Sincerely,
Lynn P. Malbrough
Division Head
Environmental Division
LPM:SI:CB:ab
Enclosure
V � I
` I
U.S. DEPARTMENT OF AGRICULTURE NRC3-CPA-1 U5
Natural Resources Conservation Service (Rev. t-el)
FARMLAND CONVERSION IMPACT RATING
FOR CORRIDOR TYPE PROJECTS
PART I (To be completed by Federal Agency) Job Number 040641
3. Date of Land Evaluation Request 4/2/2013 1 Sheet 1 of 2_
1 Name of Project Middle Fork White River Str. & Appre.
5. Federal Agency Involved Federal Highway Administration
2. Type of Project Bridge Replacement
PART II (To be completed by NRCS)
8. County and State Washington County, Arkansas
1. Date Request Received by NRCS 2. Person Completing Form
3. Does the corridor contain prime. unique statewide or local imoortantfarmland? YES NO
(If no, the FPPA does not apply - Do not complete additional parts of this form).
4. Acres Irriplad
I Average Farm Size
5. Major Crops)
6. Fannableland In Government Jurisd(ct(ort
Acres: %
i. ovnt armla om n A
Acres: %
8. Name Of Land Evaluation Syslem Used
9. Name of Local Site Assessment System
10. Date Land Eva tlalidn Ret+m "by NRCS
PART III (To be completed by Federal Agency)
Alternative Corridor For Segment
Alternative 1
Alternative 2
Alternative 3
Alternative 4
A. Total Acres To Be Converted Direcliy
5.9
B. Total Acres To Be Converted Indirectly, Or To Receive Services
C. Total Acres In Corridor
PART IV (To be completed by NRCS) Land Evaluation Information
A. Total Acres Prime And Unique Farmland
0.3
B. Total Acres StabmdeArid Lotal Farrnlarid
C. c(Fwriartdin OrLmd GovL LkATa Be ConvwW
D. PenaerltageClFarmland in Govt. Jurisdidon WM Same Orl•llghBrReh"Valu9
PART V (To be twmpleled by NRCS) Land Evaluation htlbrmation Criterion Relative
value of Farmland to Be Serviced or Conve tad Scale of 0 -100 Points
PART VI (To be completed by Federal Agency) Corridor
Assessment Criteria (These criteria are explained In 7 CFR 658.5(c))
Maximum
Points
1. Area in Nonurban Use
15
1 30
2. Perimeter in Nonurban Use
10
5
3. Percent Of Corridor Being Farmed
20
0
4. Protection Provided By State And Local Government
20
0
5. Size of Present Farm Unit Compared To Average
10
0
6. Creation Of Nonfarmable Farmland
25
0
7. Ava(labipl Of Farm Support Services
5
5
8. On -Farm Investments
20
0
9. Effects Of Conversion On Farm Support Services
25
0
10. Compatibility With Existing Agdcullural Use
10
0
TOTAL CORRIDOR ASSESSMENT POINTS
160
20
PART VII (To be completed by Federal Agency)
Relative Value Of Farmland (From Part V)
100
300
Total Corridor Assessment (From Part VI above or a local site
assessment)
160
20
TOTAL POINTS (Total of above 2 lines)
260
120
1. .
2. otalAcres o arm an s to a
Converted by Project:
See Part IV
3. Date Oi 5election:
4/2/2013
4. Was A Local Site Assessment Used?
YES ❑ NO p
5. Reason For Selection;
with more than one
DATE 4/2/2013
PUBLIC INVOLVEMENT MEETING SYNOPSIS
Job Number 040569
West & Middle Forks White River Strs. & Apprs. (Fayetteville) (Hwy. 16)
Washington County
January 26, 2012
An open forum Public Involvement Meeting was held for the proposed project in Elkins at
Harris Baptist Church, from 4:00 — 7:00 p.m. on January 26, 2012. Efforts to inform the
public and involve minorities in the meeting included:
• Display advertisement placed in the Madison County Record on Thursday, January
12, 2012 and Thursday, January 19, 2012.
• Distribution of English flyers in the project area.
The following information was available for inspection and comment:
• Two copies of preliminary design of the proposed project at a scale of one inch
equals 50 feet.
• Two copies of an aerial photograph display at a scale of one inch equals 623 feet.
• Draft De Minimis Section 4(f) Evaluation for impacts to Lake Sequoyah Park Section
Handouts for the public included a project comment form, a Section 4(f) Evaluation
comment form and a small-scale map that was identical to the aerial photograph display.
Copies of these are attached.
Table 1 describes the results of the public participation at the meeting.
TABLE 1
Public Participation
Totals
Attendance at meeting (including AHTD staff)
42
Total comment forms received
7
Section 4(f) comment forms received
0
Letters received
2
AHTD staff reviewed all comments received and evaluated their contents. The summary
of comments listed below reflects the personal perception or opinion of the person or
organization making the statement. The sequencing of the comments is random and is
not intended to reflect importance or numerical values Some of the comments were
combined and/or paraphrased to simplify the synopsis process.
An analysis of the responses received as a result of the public survey is shown in Table 2.
Job Number 040569 - Public Involvement Meeting Synopsis
January 26, 2012
Page 2 of 2
TABLE: 2
Survey Results
'Totals
Believes a need exists to improve Flighway 16
Does not believe a need exists to improve Ilighway 16
Has knowledge of cultural resources adjacent to the proposed project
Has knowledge of environmental constraints within the project limits
6
2
3
2
Believes the proposed project would have beneficial impacts
2
1
Believes the proposed project would have adverse impacts
Did not indicate beneficial or adverse impacts
4
�C'ommenis mentioned American Indian artifacts_ it IV" century Friscu railrnad Iwd and it pre\ious residence of furmer
President Bill Clinton
Two comments mentioned Lake Sequoyah Park as an em tronmcalal constraint
Other comments concerning issues associated wilh the proposed project were as follows:
• The highway at Elkins should extend to Highway 74 and then west to Fayetteville.
• The bridge and all utilities should be located on the south side of Highway 16.
• Widening from Fayetteville will help Elkins grow, relieve traffic congestion, and
improve safety.
• No improvements are needed.
• Widening will create safety hazards from speeding traffic.
• The public involvement meeting should have been located in Fayetteville.
• A restoration plan that factors soil duality should be considered, along with planting
native grasses and forbs.
• The whole highway should be considered for a 5-lane cross section with curb and
gutter, bicycle lanes, and sidewalks.
• Highway and bridge ramp should be raise to keep Ilood waters From closing the
highway during high water periods.
• Wetlands on the south side of Highway 16 are frequently dug out to remove silt.
• Maintain access to private properties.
Attachments:
Public handouts, including blank comment forms
Small-scale display copies
RJ
DN
SS:ym
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT (AHTD)
CITIZEN COMMENT FORM
AHTD JOB NUMBER 040669
West & Middle Forks White River Stirs. & Apprs. (Fayetteville) (Hwy. 16)
WASHINGTON COUNTY
LOCATION:
HARRIS BAPTIST CHURCH
(FELLOWSHIP HALL)
2201 N. CENTER ST.
ELKINS, AR
4:00 — 7:00 P.M.
THURSDAY, JANUARY 26, 2012
Make your comments on this form and leave it with AHTD personnel at the meeting or
mail it within 15 days to: Arkansas State Highway and Transportation Department,
Environmental Division, Post Office Box 2261, Little Rock, Arkansas 72203-2261.
Yes No
❑ ❑ Do you feel there is a need for the proposed replacement of two bridges
on Hwy. 16 between Fayetteville and Elkins? Comment (optional)
❑ ❑ Do you know of any historical sites, family cemeteries, or archaeological
sites in the project area? Please note and discuss with staff.
❑ ❑ Do you know of any environmental constraints, such as endangered
species, hazardous waste sites, existing or former landfills, or parks and
public lands in the vicinity of the project? Please note and discuss with
AHTD staff.
❑ ❑ Does your home or property offer any limitations to the project,
such as septic systems, that the Department needs to consider in
its design?
(Continue on Back)
Yes No
❑ ❑ Do you have a suggestion that would make this proposed project
better serve the needs of the community?
Do you feel that the proposed bridge replacements will have any
impacts (❑ Beneficial or ❑ Adverse) on your property and/or
community (economic, environmental, social, etc.)? Please explain.
It is often necessary for the AHTD to contact property owners along potential routes. If
you are a property owner along or adjacent to the route under consideration, please
provide information below. Thank you.
Name:
Address:
E-mail:
Please make additional comments here
(Please Print)
Phone: (__) --
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
LAKE SEQUOYAH PARK - DE MINIMIS SECTION 4(F) EVALUATION
AHTD JOB NUMBER 040569
What is Section 4(f)?
Section 4(f) is part of a law that was passed to protect public parks, recreation areas, wildlife/waterfowl refuges, and
important historic sites from being harmfully affected by transportation projects.
What is a Section 4(f) de minimis evaluation?
It has been determined that the Section 4(f) impacts from this project can be recognized as de minimis, which means
relatively minor. The De Minimis Section 4(1) Evaluation presents information to prove that there are only minor im-
pacts to Lake Sequoyah Park. We can have a de minimis finding on projects that meet certain conditions, which can be
found in the De Minimis Section 4(f) Evaluation for this project. Copies of the draft De Minimis Section 4(i) Evalua-
tion for this project's impacts to Lake Sequoyah Park are available for review at this meeting.
How will this project impact Lake Sequoyah Park?
1. 3.1 acres of Lake Sequoyah Park along Highway 16 will be taken for right of way. No recreational activities
currently take place on the property that will be taken for the road project.
2. The Middle Fork of the White River may have temporary restrictions on river traffic during construction (no longer
than 30 minutes at a time).
3. There may be temporary increases in noise levels during demolition and construction of new structures.
Do you have any comments regarding the proposed project's impacts to Lake Sequoyah Park?
If so, please indicate them below:
PUBLIC INVOLVEMENT MEETING SYNOPSIS
Job Number 040641
Middle Fork White River Str. & Apprs. (Fayetteville) (Hwy.16)
Washington County
January 31, 2013
An open forum Public Involvement Meeting was held for the proposed project in Elkins at
the Harris Baptist Church from 4:00 — 7:00 p.m. on Thursday, January 31, 2013. Efforts to
inform the public and involve minorities in the meeting included:
• Display advertisement placed in the Madison County Record on Thursday, January
17, 2013 and Thursday, January 24, 2013.
• Distribution of flyers in the project area.
The following information was available for inspection and comment:
• One copy of the preliminary design at a scale of one inch equals 50 feet.
• One copy of an aerial photograph display at a scale of one inch equals 200 feet.
• Draft De Minimis Section 4(f) Evaluation for impacts to Lake Sequoyah Park.
Handouts for the public included comment sheets for the proposed project and the Section
4(f) Evaluation and a small-scale map that was identical to the aerial photograph display.
Copies of these are attached.
Table 1 describes the results of the public participation at the meeting.
TABLE 1
Public Participation
Totals
Attendance at meeting (including AHTD staff)
23
Total comment forms received
4
AHTD staff reviewed all comments received and evaluated their contents. The summary
of comments listed below reflects the personal perception or opinion of the person or
organization making the statement. The sequencing of the comments is random and is
not intended to reflect importance or numerical values. Some of the comments were
combined and/or paraphrased to simplify the synopsis process.
Job Number 040641- Public Involvement Meeting Synopsis
January 31, 2013
Page 2 of 2
An analysis of the responses received as a result of the public survey is shown in Table 2.
TABLE 2
Survey Results
Totals
Believes a need exists to improve the bridges on Highway 16
3
Does not believe a need exists to improve the bridges on Highway 16
0
Did not answer the "need" question
1
Has knowledge of cultural resources adjacent to the proposed project
1�
Has knowledge of environmental constraints within the project limits
1
Has knowledge of home or property limitations
1�
Believes the proposed project would be beneficial
2
Believes the proposed project would have adverse impacts
1
Did not indicate beneficial or adverse impacts
0
The comment regarding these issues mentioned pioneer settlements and Native American
artifacts found along the White River.
The comment regarding these issues mentioned wetlands and a historic home.
The cornment regarding these issues mentioned a septic system.
Other comments concerning issues associated with the proposed project were as follows:
• The highway should be four lanes.
• The bridge is in poor shape.
• The highway has heavy traffic.
• The proposed project will make travel to Elkins easier and safer.
• The proposed project should begin soon.
• The bridge should only be replaced if the existing bridge is structurally unsound.
• If Highway 16 is widened, vehicle speed will increase and farmland will be taken.
Attachments: Public handouts, including blank comment forms
Small-scale display copy
RJ.:
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D N
SS:ym
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT (AHTD)
CITIZEN COMMENT FORM
AHTD Jos NUMBER 040461
Middle Fork White River Strs. & Apprs. (Fayetteville) (Hwy. 16)
WASHINGTON COUNTY
LOCATION:
HARRIs BAPTIST CHURCH
(FELLOWSHIP HALL)
2201 N. CENTER ST.
ELKINS, AR
4:00 — 7:00 P.M.
THURSDAY, JANUARY 31, 2012
Make your comments on this form and leave it with AHTD personnel at the meeting or
mail it within 15 days to: Arkansas State Highway and Transportation Department,
Environmental Division, Post Office Box 2261, Little Rock, Arkansas 72203-2261.
Email: environmentalDimeetinas@ahtd.ar.gov_.
Yes No
❑ ❑ Do you feel there is a need for the proposed replacement of the Middle
Fork Bridge on Hwy. 16 between Fayetteville and Elkins? Comment
(optional]
❑ ❑ Do you know of any historical sites, family cemeteries, or archaeological
sites in the project area? Please note and discuss with staff.
❑ ❑ Do you know of any environmental constraints, such as endangered
species, hazardous waste sites,- existing or former landfills, or parks and
public lands in the vicinity of the project? Please note and discuss with
AHTD staff.
❑ ❑ Does your home or property offer any limitations to the project,
such as septic systems, that the Department needs to consider in
its design?
(Continue on Back)
Yes No
❑ ❑ Do you have a suggestion that would make this proposed project
better serve the needs of the community?
Do you feel that the roposed bridge replacements will have any impact
(E] Beneficial or Adverse) on your property and/or community
(economic, environmental, social, etc.)? Please explain.
It is often necessary for the AHTD to contact property owners along potential routes. If
you are a property owner along or adjacent to the route under consideration, please
provide information beiow. Thank you.
Name: (Please Print)
Address: Phone: ( ) --
E-mail:
Please make additional comments here.
For additional information, please visit our website at
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
LAKE SEQUOYAH PARK - DE M/NIMIS SECTION 4(F) EVALUATION
AHTD JOB NUMBER 040641
What is Section 4(f)?
Section 4(f) is part of a law that was passed to protect public parks, recreation areas, wildlife/waterfowl
refuges, and important historic sites from being harmfully affected by transportation projects.
What is a Section 4(f) de minimis evaluation?
It has been determined that the Section 4(f) impacts from this project can be recognized as de minimis, which
means relatively minor. The De Minimis Section 4(f) Evaluation presents information to prove that there are
only minor impacts to Lake Sequoyah Park. We can have a de minimis finding on projects that meet certain
conditions, which can be found in the De Minimis Section 4(f) Evaluation for this project. Copies of the draft
De Minimis Section 4(f) Evaluation for this project's impacts to Lake Sequoyah Park are available for review
at this meeting.
How will this project impact Lake Sequoyah Park?
1. 3.4 acres of Lake Sequoyah Park along Highway 16 will be taken for right of way. No recreational
activities currently take place on the property that will be taken for the road project.
2. The Middle Fork of the White River may have temporary restrictions on river traffic during construction
(no longer than 30 minutes at a time).
3. There may be temporary increases in noise levels during demolition and construction of new structures.
Do you have any comments regarding the proposed project's impacts to Lake Sequoyah Park?
If so, please indicate them below:
ti-y fir/
S
I
EVALUATION AND DOCUMENTATION OF A DE MINIMIS
FINDING TO SECTION 4(F) PROPERTY FOR
HISTORIC SITES
AHTD Job Number 040641
FAP Number NHPP-9142(34)
Middle Fork White River Str. & Apprs. (Fayetteville) (Hwy. 16)
Washington County
Adrian Fletcher House
June 2013
Federal Highway Administration
Arkansas State Highway and Transportation Department
What is Section 4M?
Section 4() is part of a law that was passed to protect public parks, recreation areas,
wildlife/waterfowl refuges, and important historic sites from being harmfully affected by
transportation projects.
Does Section 4 A l to the Adrian Fletcher Residence?
The Adrian Fletcher House (Figure 1) is an important historic site listed on the National
Register of Historic Places by the Arkansas State Historic Preservation Officer.
Figure 1. Adrian Fleteber Residence
After we do an evaluation like this one, some Section 4(f) impacts can be recognized as
"de minimis," which means relatively minor. We will present information to prove that
there are no undesirable impacts to the Adrian Fletcher House. We can use a Section 4(f)
de minimis finding on projects that meet the conditions shown in Table 1.
DE MINIMIS SECTION 4(F) EVALUATION-AHTD JOB NUMBER 040641
DE Mimmis SECTION 40l EVALUATION AHTD JOB NUMBER 040641
F- Table 1
When Can We Use A Section 4(f) De Mini►nis Finding
Does It Apply
on a Historic Site?
To This
oThis
The State Historic Preservation Officer agreed that there were "no
adverse effects" to the historic site.
Yes
The FHWA informed the officials over the historic site that a de
minimis finding would occur, based on their agreement in the finding
Yes
of "no adverse effect."
What is the Proposed road project?
The Arkansas State Highway and
Transportation Department (AHTD), in
conjunction with the Federal Highway
Administration (FHWA), proposes to replace
the bridge on Highway 16 (Figure 2) crossing
the Middle Fork of the White River, which will
require right of way acquisition from the Adrian
Fletcher House property. See Figure 3 for the
project location.
Vichy is the Historic Site Important?
Figure 2. Existing Hwy. 16 Bridge
over the Middle Fork White River
The Adrian Fletcher House is located in Washington County, along Highway 16. E. Faye
Jones won the top award from the American Institute of Architects "for excellence in
residential design" in 1961 for his design of the Adrian Fletcher House. In addition,
former President William Clinton resided there while teaching at the University of
Arkansas. The 80 acre property surrounding the house has expansive grassland
transitioning into the forests of the Ozark Plateau. This is the first home encountered
against this natural scenic backdrop as cars travel west on Highway 16. The home with its
natural surroundings has kept with Fay Jones's original design principles.
The Adrian Fletcher House was listed on the NRHP in May 2013 under Criteria C.
Under Criteria C, the structure is considered significant because it embodies distinctive
characteristics of a type, period, or method of construction.
DE MIhIIMIS SECTION 4(F) EVALUATION-AHTD JOB NUMBER 040641 2
Fayetteville
Begin Job 040641
Woe
0 500 1,000
Feet
Q, Job 040641
IAHTD - Environmental GIS - Reed
Mach 28, 2013
Figure 3
Project Location
End Job 040641
I�
Elkins
N
' %* Project Location
Can We Avoid the Historic Site?
There is not enough existing right of way to construct the new, wider bridge without
acquiring new right of way. In order to maintain traffic on Highway 16 throughout
construction, the new bridge will be constructed offset to the south towards the Adrian
Fletcher House property. It is preferred to offset the new bridge to the south because the
are on the north side of the bridge is much lower into the White River/Lake Sequoyah
floodplain and would require more wetland mitigation. The north side of Highway 16 in
the project limits is also completely within Lake Sequoyah City Park and a protected
Section 6(f) boundary.
What Witi the Protect Do To the Historic Site?
The roadway improvements will require 1.17 acres of the historic site to be acquired.
The portion of the site that will be used by the road construction is located along the
south side of Highway 16, as shown in Figure 4.
The 1.17 acres to be acquired is in disturbed areas from the initial construction of
Highway 16. Figure 5 shows the typical land to be acquired from the historic property.
The minor reduction in acreage from the property will not greatly alter the existing
setting or any of the characteristics of the site that convey its historic significance. The
history of disturbance and lack of archeological deposits within the proposed new right of
way will not result in any adverse effect from the bridge replacement project.
Figure 5. Typical land to be acquired from the Adrian Fletcher House property
DE MINIMIS SECTION 4(F) EVALUATION-AHTD JOB NUMBER 040641 4
4-
r �_ =
- err s
sir-• __-'i~ ". /i�••?� {�+.� .'=r-i:[_!�_
.r.17
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_ r - � ! N R� Si si'• � �l Y s�^;i.' f� L•- . r 'f �'I' *1 a� ,J' #+u� .�:'. -'' 4i i
�! �'" z . .. _ r .may, , r,•... +•: I?" �:s".:s
,ramC�- •b�-
NF t !
What Did We Do to Reduce Harm to the Historic Site?
The western limit of the project was moved to the east to avoid right of way acquisition
and construction in front of the Adrian Fletcher House. Right of way acquisition on the
rest of the property was minimized as much as practical.
Who Did We Involve In This Evaluation?
A Public Notice in the local newspaper has invited everyone to review and comment on
the proposed project's impacts. No comments regarding impacts to the Adrian Fletcher
House were received.
A public involvement meeting was held on January 26, 2012. At this meeting, the
proposed project's impacts were presented on displays and handouts, with the
opportunity to comment on the project. No comments regarding impacts to the Adrian
Fletcher House were received.
An additional public involvement meeting was held on January 31, 2013 to present the
redesigned project with bike lanes and sidewalks to the public. The revised impacts were
presented on displays and handouts, with another opportunity to comment on the project.
No comments regarding impacts to the Adrian Fletcher House were received.
The State Historic Preservation Officer has agreed that this project will not have an
adverse effect on the Adrian Fletcher House. A copy of this conclusion is included in
Appendix A.
What is the Decision?
We believe this evaluation shows that the proposed roadway improvement will not harm
the protected features or qualities that make the historic site important under Section 4(f),
thus qualifying for a de minimis finding on the Adrian Fletcher House,
DE MINIMIS SECTION 4(F) EVALUATION-AHTD JOB NUMBER 040641 6
DE MWBWS UON OF) EVALUATION AHTD Jos NUMBER 040641
w w 34i! 11 0-44
ARKANSAS STATE HIGHWAY -7 06;
AND O wb
TRANSPORTATION DEPARTMENT -- i A }
Dan Flowers e P.O. Box 2261
Director R Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 4,11 Telefax (501) 569-2400
Mr. George McCluskey
Section 106 Review Officer
1500 Tower Building
323 Center Street
Little Rock, Arkansas 72201
Dear Mr. McCluskey:
May 4, 2011
ANPP
MAY 0 9 10"
RECEIVED
AHTD
JUN 2 9 2011
ENVIRONMENTAL
DIVISION
Re: AHTD Job Number 040569
West & Middle Forks White River
Strs. & Apprs. (S)
Washington County
A Project Identification Form for the referenced project is enclosed. Please review
for concurrence with the findings of my staff. If you have any questions or require
additional information, please contact Chris Branam of my staff at 501-569-2594.
Sincerely,
Lynn P. Malbrougb
Division Head
Environmental Division
LPM:SI:CB:ab
Enclosure . •;,
ARKANSAS STATE HIGHWAY
AND -2 70G--z
TRANSPORTATION DEPARTMENTS w�
Soon E. Beonetl P.O. Box 2261
Director Lilde Rock, Arlo 72203-2261
Telq*m (301) %9-2000 Telefiot (301) 369-2400
VoicerM 711 www.wkenwAishweye.com
February 7, 2013 Opp
Mr. George McCluskey MAR 01 Z013
Arkansas Historic Preservation Program
1500 Tower Building
323 Center Street
Little Rock, Arkansas 72201
RE: AHTD Job No. 040569
West & Middle Forks White River
Strs. & App m. (S)
Washin" County
Dear Mr. McCluskey:
Enclosed for your review is an addendum to the above referenced project. Please review
for concurrence with the findings of my staff. If you have any questions or require
additional information, contact Kristin Boykin of my staff at 569-2079.
Enclosure
Addendum
LPM.DW:KB:fc
Sincerely,
C* /) AZ416 (--
Lyrm P. Malbrough
Division Head
Environmental Division
RECEIVED
AHTD
MAR 1 5 2013
ENVIROF;h4ENTAL
DIV151CIN
uAR 14 2M3
�fllR tlfltltilfdkli�f � f!Ct� gp�ftliiQ
11�3� l
/ ,1"ar1 OU;Fr
EVALUATION AND DOCUMENTATION OF A
DE MINIMIS FINDING TO SECTION 4(F) PROPERTY
FOR PUBLIC PARKS, RECREATION LANDS, AND
WILDLIFE AND WATERFOWL REFUGES
AHTD Job Number 040641
FAP Number NHPP-9142(34)
Middle Fork White River Str. & Apprs. (Fayetteville) (Hwy. 16)
Washington County
Lake Sequoyah Park
City of Fayetteville
June 2013
Federal Highway Administration
Arkansas State Highway and Transportation Department
DEMlNimis SEcTioN 4(n EVALUATION AHTD Job NumBER 040641
What is Section 4(f)?
Section 4(f) is part of a law that was passed to protect public parks, recreation areas,
wildlife/waterfowl refuges, and important historic sites from being harmfully affected by
transportation projects.
Does Section 4 A i to Lake Se uo ah Park?
Lake Sequoyah Park is an important public park and
recreational area for the City of Fayetteville (Figure 1).
After we do an evaluation such as this, some Section
4(f) impacts can be recognized as de minimis, which
means relatively minor. We will present information
to prove that there are only minor impacts to Lake
Sequoyah Park. We can have a de minimis finding on
projects that meet the conditions shown in Table 1.
Figure 1. Lake Sequoy*b Perk
Table 1
When can we use a de minims finding on Section 4(f) properties?
Does it apply to
this project?
Did we specially design the project to protect Lake Sequoyah Park as
much as possible? Did we use mitigation and enhancement where it
Yes
was suitable?
Did the officials with authority over Lake Sequoyah Park have a
chance to consider this information and agree that the project will not
Yes
greatly harm the things that make Lake Sequoyah Park important?
l7id the public have an opportunity to review and comment on the
effects of the project on Lake Sequoyah Park and the things that
Yes
make it important to them?
What is the proQosed road Drolect?
The Arkansas State Highway and Transportation
Department (AHTD), in conjunction with the
Federal Highway Administration (FHWA),
proposes to replace the bridge on Highway 16
crossing the Middle Fork of the White River,
which will impact Lake Sequoyah Park.
Figure 2. Existing Hwy.16 Bridge
over the Middle Fork White River
FAP NUMBER NHPP-9142(34)
DE MINIMIS SECTION 40) EVALUATION AHTD Jos NUMBER 040641
is Lake Se ua ah Park important?
Lake Sequoyah Park is located in Washington County, Arkansas, and owned by the City
of Fayetteville. The park property includes 1,284 acres. The main purpose of Lake
Sequoyah Park is for recreation on and around Lake Sequoyah, including the following
recreational activities:
• Hiking
(See Figure 3)
• Mountain Biking
(See Figure 3)
• Boating
(See Figure 4)
• Fishing
• Birdwatching
• Picnicking
Figure 3. AikiuglMoaeWn Olking Trall I hpm 4. Lake SMMah Boat Lauuek
Can we avoid the nark?
The road construction will require property acquisition from Lake Sequoyah Park as the
new bridge will be constructed offset of the existing bridge to maintain traffic on
Highway 16 during construction. Lake Sequoyah Park is on both sides of the highway
right of way, so it is not possible to avoid the park.
What will the nroiect do to the nark?
The roadway improvements will require the acquisition of 3.1 acres of park property.
The portion of Lake Sequoyah Park that will be used by the mad construction is located
along Highway 16, as showy in Figure 5. No recreational activities occur on the property
to be taken for the road project. impacts to the park that result from highway
construction will include:
3.1 acres of Lake Sequoyah Park will be taken for right of way. Because 0.3 acres are
within a Section 6(f) protected boundary, the AHTD has provided replacement
property for any land purchased within this
boundary at Lake Fayetteville City Park.
Flgare S. Typical Land to be Acguhvd from Lake
Sequoyah Park (South Side Hwy. 16)
• The Middle Fork of the White River may
have temporary restrictions on river traffic
during construction (no longer than 30
minutes at a time).
• There may be temporary increases in noise
levels during demolition of existing and
construction of new structures.
FAP NUMBER NHPP-9142(34) 2
DEMINIMIS SECTION 4(F) EVALUATION AHTD JOB NUMBER 040641
What did we do to reduce harm to the Dark?
The following measures were included in the proposed project to reduce harm to Lake
Sequoyah Park:
• The additional right of way needed was minimized as much as possible. Any land
required within the Section 6(f) boundary will be replaced in kind.
• Special provisions will be added to the contract for boater safety, as well as
limiting the amount of time the Middle Fork can be closed to river traffic.
• The project was redesigned, at the request of the City of Fayetteville, to provide
bike lanes and sidewalks. These alternative transportation facilities will provide
access to Lake Sequoyah Park and provide the park with a means to complete their
multi -use trail around Lake Sequoyah.
• Access will be provided to park property west of the bridge that is currently
inaccessible.
How did we involve the public in this evaluation?
A Public Notice in the local newspaper has invited everyone to review and comment on
the proposed proj ect's impacts. No comments regarding the proposed impacts to Lake
Sequoyah Park were received.
A public involvement meeting was held on January 26, 2012. At this meeting, the
proposed project's impacts on Lake Sequoyah Park were presented on displays and
handouts, with the opportunity to comment on the project. No comments regarding the
proposed impacts to Lake Sequoyah Park were received.
An additional public involvement meeting was held on January 31, 2013 to present the
redesigned project with bike lanes and sidewalks to the public. The recalculated impacts
to Lake Sequoyah Park were presented on displays and handouts, with another
opportunity to comment on the project. No comments regarding the proposed impacts to
Lake Sequoyah Park were received.
The City of Fayetteville has agreed that this project will not have a harmful effect on
Lake Sequoyah Park. A signed copy of this agreement will be included in Appendix A,
when available.
What is the decision?
We believe that this evaluation determines that the proposed roadway improvement will
not harm the protected features, qualities, or activities that make the park important for
recreation under Section 4(f), thus qualifying for a de minimis finding on Lake Sequoyah
Park.
FAP NUMBER NHPP-9142(34)
DEMIIynm SECTION 40) EVALUATION AHM JOB NUMBER 040641
APPENDIX A
CITY OF FAYETTEVILLE COORDINATION
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Scott B. Bennett P.O. Box 2261
Director Lithe Rock, Arlimm 72203-2261
Telephone (501) 569 2000 'relefus (5111) 569-24M
Voice/M 711 www.wkunmobighways.com
The Honorable Lioneld Jordan
113 West Mountain Street
Fayetteville, AR 72701
Dear Mayor Jordan:
RECEIVED
March 19, 2013 MAR 2 12013
CITY OF FAYETfEVILLE
MAYOR'S OFFICE
Re. AHTD .lob Number 040641
Middle Fork White River Sir. & Apprs.
(Fayetteville)
Washington County
The Arkansas State Highway and Transportation Department (AHTD) is proposing a
project to improve Highway 16 by replacing the bridge over the Middle Fork of the
White River in the City of Fayetteville, Washington County.
The proposo highway right of way passes through Lake Sequoyah Park. The primary
uses of the park are recreational activities such as boating, birdwatching, hiking, fishing,
mountain biking, and picnicking.
The determination has been made by the AHTD that the proposed project will not
adversely affect the protected features, attributes or activities qualifying the property for
protection under Section 4(f), thus qualifying for a de minimis finding on the Lake
Sequoyah Park property (see the enclosed De Minimis Section 4(f) Evaluation). The
AHTD's proposal includes all possible planning to minimize harm to the recreational use.
The total area of Lake Sequoyah Park is 1,284 acres. Approximately 3.1 acres of
property will be acquired from the facility as additional right of way. The land
conversion affects an area where no recreational activities occur. Because 0.3 acres are
within a Section 6(f) protected boundary, the AHTD has provided replacement property
for the land purchased within this boundary at Lake Fayetteville Park. Impacts as a result
of the highway construction will include temporary restrictions on river traffic (no longer
AHTD Job Number 040641
De Minimis Section 4(f) Evaluation
Page 2 of 3
than 30 minute periods) and temporary increases in noise levels during construction.
Recreational uses after construction of the highway will be unchanged from the present
conditions.
Several measures have been incorporated into the project to assure that the proposed
project does not jeopardize the recreational value of the park. These measures included
as part of the proposed project are:
• The additional right of way needed was minimized as much as possible. Any land
required within the Section 6(f) boundary will be replaced in kind.
• Special provisions will be added to the contract for boater safety, as well as
limiting the amount of time the Middle Fork can be closed to river traffic.
• The project was redesigned, at the request of the City of Fayetteville, to provide
bike lanes and sidewalks. These alternative transportation facilities will provide
access to Lake Sequoyah Park and provide the park with a means to complete their
multi -use trail around Lake Sequoyah.
• Access will be provided to park property west of the bridge that is currently
inaccessible.
A requirement of the Section 4(f) process for a de minimis finding is an opportunity for
the public to comment on the De Minimis Section 4(f) Evaluation. The draft De Minimb
Section 4(f) Evaluation was made available for review and comment by the public, and
no comments were received.
If you have any questions, comments or wish to discuss the impacts to the park further,
please contact Susan Staffeld at (501) 569-2281.
If you agree with the assessment of the impacts of this project and the proposed
minimization and mitigation for the impacts on Lake Sequoyah Park, please sign the
statement below and return it to us. Thank you for your cooperation.
Sincerely,
Lynn � Malbrough
Division Head
Environmental Division
LPM:SS:fc
Enclosure
AHTD Job Number 040641
De Minbnis Section 4(fl Evaluation
Page 3 of 3
I concur with the assessment and the proposed minimization and mitigation of impacts to
the Lake Supoyah Path as detailed in the enclosed Section 4(f) Evaluation and
documentation of De Minimis Findings to Section 4(f) Property for Public Parks,
Recreation Lands, and Wildlife and Waterfowl Refuges.
-Signaturc
10 -13 Date
AHTD JOB NUMBER 040641
NOISE ANALYSIS
Fundamentals of Sound and Noise
"Noise" is defined as an unwanted sound. Sounds are described as noise if they interfere
with an activity or disturb the person hearing them. Sound is measured in a logarithmic
unit called a decibel (dB). The human ear is more sensitive to middle and high frequency
sounds than it is to low frequency sounds, so sound levels are weighted to more closely
reflect human perceptions. These "A -weighted" sounds are measured using the decibel
unit dB(A). Because the dB(A) is based on a logarithmic scale, a 10 dB(A) increase in
sound level is generally perceived as twice as loud while a 3 dB(A) increase is just barely
perceptible to the human ear.
Sound levels fluctuate with time depending on the sources of the sound audible at a
specific location. In addition, the degree of annoyance associated with certain sounds
varies by time of day, depending on other ambient sounds affecting the listener and the
activities of the listener. The time -varying fluctuations in sound levels at a fixed location
can be quite complex, so they are typically reported using statistical or mathematical
descriptors that are a function of sound intensity and time. A commonly used descriptor
of the equivalent sound level is Leq, which represents the equivalent of a steady,
unvarying level over a defined period of time containing the same level of sound energy
as the time varying noise environment. Leq(h) is a sound level averaged over one hour.
For highway projects, the Leq(h) is commonly used to describe traffic -generated sound
levels at locations of outdoor human use and activity (such as residences).
Noise Impact Criteria
Traffic noise impacts take place when the predicted traffic noise levels approach or
exceed the noise abatement standard, or when the predicted traffic noise levels exceed the
existing noise level by ten dB(A) (decibels on the A -scale). The noise abatement
standard of 67 dB(A) is used for sensitive noise receptors such as residences, schools,
churches, and parks. The term "approach" is considered to be one dB(A) less than the
noise abatement standard.
The number of noise receptors was estimated for this project utilizing the Federal
Highway Administration's Traffic Noise Model 2.5, existing and proposed roadway
information, existing traffic information, and projected traffic levels for 2033.
Traffic noise analyses
Traffic noise analysis was performed for the Middle Fork White River Structure utilizing
a roadway cross-section of four 11-foot wide paved travel lanes, two 4-foot bike lanes
and a curb and gutter design.
AHTD Job 040641
Noise Analysis
Page 2 of 2
Effects of Project
The traffic noise estimates resulted in a noise abatement distance of 134 feet from the
centerline. Based upon a visual assessment, it has been determined that no sensitive
receptors are located along the proposed project location. Therefore, no sensitive
receptors will be adversely impacted and no noise impacts will be associated with this
project. In addition, based upon existing development, no sensitive receptors are
anticipated to be impacted during the planning period. However, in the event the project
area is developed prior to beginning construction, a reevaluation of the potential noise
impacts will be performed. Any increases in roadway noise levels will not be the result
of the proposed project, but instead a result of traffic volume increases during the
planning period (Year 2033). Therefore, any noise level increases will occur independent
of this proposed project, and no project related noise impacts are anticipated
Traffic Noise Abatement
Since noise impacts are predicted within 500 feet of the proposed project, the feasibility
and reasonableness of potential noise abatement measures must be evaluated. Based
upon AHTD's "Policy of Reasonableness and Feasibility for Type 1 — Noise Abatement
Measures", any noise abatement effort using barrier walls or berms is not warranted for
this project. This is due to the lack of development and to the need to provide direct
access to adjacent properties. In order to provide direct access to adjacent properties,
breaks in the barrier walls or berms would be required. These necessary highway access
breaks would render any noise barrier ineffective.
To avoid noise levels in excess of design levels, any future receptors should be located a
minimum of 10 feet beyond the distance that the noise abatement standard is projected to
occur. This distance should be used as a general guide and not a specific rule since the
noise will vary depending upon the roadway grades and other noise contributions.
Any excessive project noise, due to construction operations, should be of short duration
and have a minimum adverse effect on land uses or activities associated with this project
area.
In compliance with Federal guidelines, local authorities will not require notification.
WETLANDS AND STREAM ASSESSMENT
PURSUANT TO SECTION 404
CLEAN WATER ACT
AHTD JOB NUMBER 040641
MIDDLE FORK WHITE RIVER STR. & APPRS.
(FAYETTEVILLE)(S)
WASHINGTON COUNTY
JUNE 79 2013
WETLANDS AND STREAM ASSESSMENT
TABLE OF CONTENTS
OVERVIEW................................................................................................................................. 3
DESCRIPTION OF THE PROJECT ...........................................
PROJECT AREA...................................................................
DESCRIPTION OF WETLANDS ..............................................
ALTERNATIVES CONSIDERED .............................................
WETLAND IMPACTS
.................................................... 3
.................................................... 3
.................................................... 3
........................ I........................... 7
................................................................................................................... 7
STREAMIMPACTS...................................................................................................................... 8
MITIGATION............................................................................................................................... 8
CONCLUSION.............................................................................................................................. 9
LITERATURECITED.................................................................................................................. 10
APPENDIX A: CALCULATING REQUIRED WETLAND MITIGATION CREDITS ............................. 11
APPENDIX B: REFERENCE PHOTOGRAPHS............................................................................... 14
TABLE OF FIGURES
FIGURE 1: TOPOGRAPHICAL MAP.............................................................................................. 4
FIGURE2: AERIAL VIEW........................................................................................................... 5
FIGURE3: SOIL MAP................................................................................................................. 6
FIGURE 4: WETLAND AREA LOCATIONS.................................................................................... 9
FIGURE 5: PLOT 1, WET MEADOW, MAY 2013........................................................................
14
FIGURE 6: PLOT 1, SOIL SAMPLE, MAY 2013..........................................................................
15
FIGURE 7: PLOT 2, BOTTOMLAND HARDWOOD, MAY 2013.....................................................
15
FIGURE 8: PLOT 2, SOIL SAMPLE, MAY 2013..........................................................................
16
FIGURE 9: PLOT 3, WET MEADOW, MAY 2013........................................................................16
FIGURE 10: PLOT 3, SOIL SAMPLE, MAY 2013........................................................................
17
FIGURE 11: PLOT 4, UPLAND PASTURE, MAY 2013.................................................................
17
FIGURE 12: PLOT 4, SOIL SAMPLE, MAY 2013........................................................................
18
FIGURE 13: PLOT 5, VEGETATED DITCH, MAY 2013...............................................................
18
FIGURE 14: PLOT 6, BOTTOMLAND HARDWOOD, MAY 2013...................................................
19
FIGURE 15: PLOT 6, SOIL SAMPLE, MAY 2013........................................................................
19
AHTD Job Number 040461 Page 1 of 19
WETLANDS AND STREAM ASSESSMENT
TABLE OF TABLES
TABLE 1: REQUIRED WETLAND MITIGATION CREDIT TABLE .................................................. 13
TABLE 2: REQUMD MITIGATION CREDIT WORKSHEET......................................................... 13
AHTD Job Number 040461 Page 2 of 19
WETLANDS AND STREAM ASSESSMENT
OVERVIEW
This analysis finds that there is no practicable alternative to construction in wetlands adjacent to
the Middle Fork White River. This finding is in accordance with Executive Orders 11990 on
Protection of Wetlands and 11988 on Management of Floodplains.
DESCRIPTION OF THE PROJECT
Refer to the Categorical Exclusion for the description of the project.
PROJECT AREA
This project is located in the Lower Boston Mountains Ecoregion. The wetlands occur on both
sides of Highway 16 within the Middle Fork White River floodplain (Figure 1).
DESCRIPTION OF WETLANDS
Wetlands affected by this project are a combination of bottomland hardwoods, wet meadow, and
vegetated ditches within the Middle Fork White River floodplain. Refer to Figures 1 and 2 for
the location of the wetlands on the project. Dominant vegetation within the bottomland
hardwood wetlands includes silver maple (Acer saccharinum), green ash (Fraxinus
pennsylvanica), American elm (Ulmus americana), box elder (Acer negundo), and Canada wild
rye (Elymus canadensis). The dominant vegetation within the wet meadow (herbaceous)
includes soft rush (Juncos effusus), cylindric fruited primrose (Ludwigia glandulosa), hairy
buttercup (Ranunculus sardous) and various sedges (Carex spp.). Vegetated ditches
(scrub/shrub) within the project area are dominated by black willow (Salix nigra), buttonbush
(Ccphalanthus occidentalis), soft rush (Juncos effusus), and various sedges (Carex spp.).
Soil types within the impact area are mapped as Cleora fine sandy loam, Razort loam, and Sloan
silt loam (Harper et al. 1969) (Figure 3). Cleora soils consist of well -drained soils formed in
alluvium on floodplains. Razort soils consist of well -drained, moderately permeable soils
formed in alluvium on flood plains and low terraces. Sloan soils like Cleora and Razort are
formed in alluvium on flood plains from parent material consisting of cherty limestone, acid
sandstone, siltstone, and shale. Sloan soils are less permeable than either Cleora or Razort soils.
AHTD Job Number 040461 Page 3 of 19
WETLANDS AND STREAM ASSESSMENT
.
L
=6b
447
FIGURE 1: TOPOGRAPHICAL MAP
AHTD Job Number 040461 Page 4 of 19
WETLANDS AND STREAM ASSESSMENT
FIGURE 2: AERIAL VIEW
AHTD Job Number 040461 Page 5 of 19
WETLANDS AND STREAM ASSESSMENT
FIGURE 3: SOIL MAP
AHTD Job Number 040461 Page 6 of 19
WETLANDS AND STREAM ASSESSMENT
ALTERNATIVES CONSIDERED
The project replaces the Middle Fork White River Bridge on Highway 16 in Washington County
approximately 32 feet upstream (south) of the existing structure. The new structure will be
widened to four travel lanes with two bicycle lanes. Deficiencies include corrosion on beams
and bearings with section loss as well as concrete spalling. The No -Action Alternative would
not alleviate the need for increased traffic capacity or the safety concerns due to bridge
deficiencies.
The existing structure crossing Middle Fork White River consists of 15 steel beam spans
supported by multi -column concrete bents on spread footings. The bridge is 33.60 feet wide and
555 feet long.
Proposed improvements include integral continuous composite W-beam decks with nine spans
(60-73-60-60-73-60-60-73-60 feet in length) supported by multi column concrete bents on
spread footings or HP pile footings. The bridge is 54-feet wide by 581-feet long. Traffic will
remain on the existing alignment until the new bridge is constructed.
Design alternatives, which included a northern alignment, were rejected due to cost, additional
permanent impacts to wetlands, and impacts to a city park.
WETLAND IMPACTS
Construction of this project will permanently impact 2.46 acres of wetlands. The wetlands will
be affected by the construction of the new bridge, additional travel lanes, and the temporary
work roads. Approximately 3,969 cubic yards of permanent fill and 177 cubic yards of
temporary fill will be placed in the wetlands.
Wetlands within the project area were divided into five areas utilizing the 2002 Charleston SOP
(Appendix A). Area 1 consists of 0.82 acre of fully functional, bottomland hardwood wetlands
that will be impacted for greater than 10 years by clearing and grubbing activities as well as the
placement of fill for the widening of the existing roadway embankment. Area 2 consists of 0.41
acre of herbaceous wetlands (wet meadow) that will be permanently filled due to the widening of
the existing highway embankment. Areas 3 and 4 consist of 1.23 acres of vegetated ditches
(scrub/shrub) that have been partially impaired by the maintenance of a utility right-of-way.
AHTD Job Number 040461 Page 7 of 19
WETLANDS AND STREAM ASSESSMENT
Area 3 will be permanently filled during construction of highway embankment and bridge
footings. Area 4 will be temporarily impacted during construction of the temporary work roads.
See Figure 4 for wetland area locations.
STREAM IMPACTS
Additional impacts are expected to waters of the U.S. due to construction of the bridge crossing
of the Middle Fork White River. Two bents are located within the stream channel; however,
geotechnical investigations are incomplete at this time and quantities of permanent fill required
below the plane of ordinary high water (1170 feet mean sea level) are unavailable at this time.
The construction of the temporary work roads will require also require temporary fill in the
Middle Fork White River, but those quantities are also unknown at this time.
Water quality will be temporarily impacted during construction. Water quality will not be
permanently impacted by construction of this project, and it is expected to return to normal levels
immediately following completion of the project.
MITIGATION
The wetland impacts will require 25.75 wetland mitigation credits. See Appendix A for the
Required Wetland Mitigation Worksheets (Charleston District SOP 2002). There are no
approved wetland mitigation credits available; therefore, mitigation will be completed at the first
available mitigation bank or a Permittee responsible mitigation area.
AHTD Job Number 040461 Page 8 of 19
WETLANDS AND STREAM ASSESSMENT
FIGURE 4: WETLAND AREA LOCATIONS
AHTD Job Number 040461 Page 9 of 19
WETLANDS AND STREAM ASSESSMENT
FIGURE 4: WETLAND AREA LOCATIONS
AHTD Job Number 040461 Page 9 of 19
WETLANDS AND STREAM ASSESSMENT
CONCLUSION
Construction in the wetlands and streams discussed in this document is unavoidable.
Construction of the proposed project should not permanently impact the functional integrity of
the wetland system in the project area. Construction of the proposed project should be allowed
under the terms of Nationwide Permit 23 for Approved Categorical Exclusion Projects.
LITERATURE CITED
Harper, M.D., W.W. Phillips, and G.J. Haley. 1969. Soil Survey of Washington County,
Arkansas. Soil Conservation Service and Arkansas Experiment Station. Published by
U.S. Government Printing Office, Washington, D.C.
Woods, A.J., T.L. Foti, S.S. Chapman, J.M. Omernik, J.A. Wise, E.O. Murray, W.L. Prior, J.B.
Pagan, J.A. Comstock Jr., and M. Radford. 2004. Ecoregions of Arkansas (color poster
with map, descriptive text, summary tables, and photographs): Reston, Virginia, U.S.
Geological Survey.
AHTD Job Number 040461 Page 10 of 19
WETLANDS AND STREAM ASSESSMENT
APPENDIX A: CALCULATING REQUIRED WETLAND MITIGATION CREDITS
DEFINITIONS
Cumulative impact factor, Y- AAi stands for the sum of the acres of adverse impacts to aquatic areas for
the overall project. When computing this factor, round to the nearest tenth decimal place using even
number rounding. Thus 0.01 and 0.050 are rounded down to give a value of zero while 0.051 and 0.09
are rounded up to give 0.1 as the value for the cumulative impact factor. The cumulative impact factor
for the overall project must be used in each area column on the Required Mitigation Credits Worksheet.
Duration means the length of time adverse impacts will last (in years).
Dominant impact factors include fill, impound, drain, dredge, clear, and shade.
Existing Condition means the degree of disturbance.
Fully functional means the system type is functionally naturally. Examples: pristine wetlands or
riverine habitats, wetlands with no effective drainage.
Partially impaired means site disturbances have occurred but functional recovery could be
reversed through natural processes, such as clear-cut wetlands, utility corridors, wetlands
with ditches that impair but don't eliminate wetland hydrology.
Impaired means functional recovery from disturbance is unlikely to occur naturally. Bedded
pine monoculture, severely fragmented areas, channelized streams. Vegetated ditches are
here included.
Very impaired means full recovery would require major restoration effort. Filled areas, drained
wetlands.
Lost Type categories are based on the suite of functions that they perform.
Type A includes: Riverine systems including headwaters and riparian zones
Bottomland hardwoods
Type B includes: Seeps and bogs
Savannahs and flatwoods
Depressions
Pocosins and bays
Type C includes: Man-made lakes and ponds
Vegetated lake littoral
Impoundments
AHTD Job Number 040461 Page 11 of 19
WETLANDS AND STREAM ASSESSMENT
Other habitat types need to be evaluated and assigned a category ranking. Farmed wetlands and
vegetated ditches are here defined as Type C. Scrub -Shrub wetlands are here defined as Type B.
Priority Category means designated areas of aquatic systems that provide functions of recognized
importance because of their inherent functions, their position in the landscape, or their rarity.
Primarypriority areas provide important contributions to biodiversity or high levels of functions
contributing to landscape or human values. Examples include Wild and Scenic Rivers,
Heritage or TNC natural areas, national wildlife refuges, old growth communities, etc.
Secondary priority areas include bay forest, high elevation seep, pond cypress pond, upland
depression swamp forest, etc.
Tertiary priority areas include cypress -tupelo swamps, bottomland hardwood, pine flatwoods,
etc.
AHTD Job Number 040461 Page 12 of 19
WETLANDS AND STREAM ASSESSMENT
SUMMARY 2002 CHARLESTON SOP FOR CALCULATING REQUIRED MITIGATION
CREDITS
TABLE 1: REQUIRED WETLAND MITIGATION CREDIT TABLE
R FACTORS
OPTIONS
Type C
Type B
Type A
Lost Type
0.2
2.0
3.0
Tertiary
Secondary
Primary
Priority Category
0.5
1.5
2.0
Very Impaired
Impaired
Slightly Impaired
Fully Functional
Existing Condition
0.1
1.0
2.0
2.5
0 to 1
1 to 3
3 to 5
5 to 30
Over 10
Duration
0.2
0.5
1.0
1.5
2.0
Shade
Clear
Drain
Dredge
Impound/Flood Fill
Dominant Impact
0.2
1.0
2.0
2.5
2.5 3.0
<0.25
0.25 - 0.99 Acre
1.0 - 2.99 Acres
3.0 - 9.99 Acres
?10.0 Acres
Cumulative Impact
1
0.1
0.2
0.5
1.(
2.0
TABLE 2: REQUIRED MITIGATION CREDIT WORKSHEET
R FACTORS
FORESTED
WETLAND 1
FORESTED
WETLAND 2
FORESTED
WETLAND 3
FORESTED
WETLAND 4
Lost Type
Type A
Type B
Type C
Type C
Priority Category
Secondary
Secondary
Tertiary
Tertiary
Existing Condition
Fully Functional
Fully Functional
Partially Impaired
Partially Impaired
Duration
Over 10 Years
Over 10 Years
Over 10 Years
0 to 1 Year
Dominant Impact
Fill
Fill
Fill
Fill
Cumulative Impact
1.0 - 2.99 Acres
1.0 - 2.99 Acres
1.0 - 2.99 Acres
1.0 - 2.99 Acres
Sum of R Factors
12.5
11.5
8.2
6.4
Impacted Area
0.82
0.41
1.23
0.11
R x AA =
10.25
4.715
10.086
0.704
TOTAL REQUIRED CREDITS = Z (R x AA)
TRC = E (R x AA) = 25.755
AHTD Job Number 040461 Page 13 of 19
APPENDIX B: REFERENCE PHOTOGRAPHS
FIGURE 5: PLOT 1, WET MEADOW, MAY 2013
FIGURE 9: PLOT 2, SOIL SAMPLE, MAY 2013
FIGURE 9: PLOT 39 WET MEADOW, MAY 2013
FIGURE 10: PLOT 3, SOIL SAMPLE, MAY 2013
FIGURE 11: PLOT 49 UPLAND PASTURE, MAY 2013
FIGURE 12: PLOT 4, SOIL SAMPLE, MAY 2013
FIGURE 13: PLOT 5, VEGETATED DITCH, MAY 2013
FIGURE 14: PLOT 6, BOTTOMLAND HARDWOOD, MAY 2013
FIGURE 15: PLOT 6, SOIL SAMPLE, MAY 2013
AHTD ENVIRONMENTAL IMPACTS ASSESSMENT FORM
AHTD Job Number 040641 FAP Number NHPP-9142(33_.
Job Title Middle Fork White River Str. & Apprs. Fa etteville S
Environmental Impacts
None
Minor
Significant
Comments
Air Quality
X
Washington County in attainment
Construction Impacts
X
Temporary and minor during construction
Cultural Resources
X
De minimis 4(f) at Adrian Fletcher House
Economic
X
Endangered Species
x
Energy Resources
X
Environmental Justice/Title VI
X
Fish and Wildlife
X
Temporary impacts during construction
Floodplains
x
Forest Service Property
X
Hazardous Materials/Landfills
X
Land Use Impacts
X
5.8 acres of proposed right of way
Migratory Birds
X
Migratory Bird SP added
Navigation/Coast Guard
x
Noise Levels
x
Prime Farmland
x
0.3 acres
Protected Waters
x
Public Recreation Lands
X
De minimis 4(f) at Lake Sequoyah Park
Public Water Su pl iWHPA
X
Relocatees
X
Section 4(f)/6(f)
X
Two de minimis 4(f) evaluations approved
Social
x
Underground Storage Tanks
X
Visual Impacts
X
Stream Impacts
X
NWP 23
Water Quality
X
Temporary impacts during construction
Wetlands
x
2.46 acres
Wildlife Refuges
X
Section 401 Water Quality Certification Required?
Short-term Activity Authorization Required?
Section 404 Permit Required?
Remarks:
No
Yes
Yes Type Nationwide 23
Signature of Evaluator LAkOD Date June 14, 2013
5/17/2011
Date Submitted November 30, 2012
ROADWAY DESIGN REQUEST
Job Number 040641 FAP Number NHPP-9142(34) County Washington
Job Name Middle Fork White River Str. & Apprs. ffayetteville) (5)-
Design Engineer Linda Gunn Environmental Staff
Brief Project Description The purpose of this project is to widen 0.578 miles of Hwy. 16
from two lanes to four 1 V lanes with 4' bike lanes curb & gutter and sidewalks and
replace a bridge structure that is not structurally sufficient for widening.
A. Existing Conditions:
1. Roadway Width:
Metric:
2. Shoulder Width:
Metric:
3. Number of Lanes and Width:
Metric:
4. Existing Right -of -Way:
Metric:
B. Proposed Conditions:
1. Roadway Width: Metric:
2. Shoulder Width:
Metric:
3. Number of Lanes and Width: Metric:
4. Average Right -of -Way: Metric:
C. Construction Information:
If detour: Where: N/A Length: Metric_ English
English: 34'
English: 6'
English: 2.11'
English: 100' approx,
English: 54' face to face of curb
English: 1'6" curb and gutter
English: 4/11' w/ 4' bike lanes
Lt & Rt.
English: Var. 130'-210'
D. Design Data: 2013 ADT: 13,000 2033 ADT: 18,000 Trucks 8%
Design Speed: __ km/h 45 MPH
E. Approximate total length of project: kilometer(s) 0.59 mile(s)
F. Justification for proposed improvements: This project is a continuation of roadway
improvement along, this route_
G. Total Relocatees: 0 Residences: 0 Businesses: 0
H. Have you coordinated with any of the following: (Provide name and date)
City and or County Officials: No
State Agency: No
Federal Agency: No
RECEIVED
AHiO
Date Submitted to Environmental Division:
JArI 1 8 2013
BRIDGE INFORMATION - PRELIMINARY
ENVi!Pnr\rnENTAL,
Job Number: 040641 FAP Number: 9290 County: � W on CN
Job Name: iv V0
Design Engineer: _ Courtney Rome _ Environmental Staff- Susan Staffeld
A. Description of Existing Bridge:
1. Bridge Number A0982 over Middle Fork White River
2. Location: Rte.: 16 Section: 3 Log Mile: 7.71
3. Length: 555.00 ft Br. Rdwy. Width: _Z 00 ft Deck Width (Out -to -Out): 33.60 ft
4. Type Construction: Fi w/ 1 on d tin s.
5. Deficiencies: Corrosion on beams & bearings w/ section loss concrete galling.
6. HBRRP Eligibility: Qualif. Code: NO Sufficiency Rating: 47.2
B. Proposed Improvements:
1. Length: 581.15 ft Br. Rdwy. Width: 54.00 ft Deck Width (Out -to -Out): 70.17 ft
2. Travel Lanes: 4 1 V Lwes and 2 4' iike7___Lqnes
3. Shoulder Width: N/A
4. Sidewalks? Yes Location: Both Width: 6.5 ft
C. Construction Information:
1. Location in relation to existing bridge: 32' upstream of the existing C.L.
2. Superstructure Type: 3-193' Cont Comp. W-Beam Units
3. Span Lengths: 0'-73'-60'• 60'-73'-60'• 60'-73'- '
4. Substructure Type: End Bents: HP arestte-pilm 113ents2 & 3• multi column ttgnts Qn §pread f
Bents 4- : multi column bents gn HP Rile fibotinils,
5. Ordinary High Water Elev. (OHW): 1170 No. of Bents inside OHW Contours: 2
6. Concrete Vol. below OHW: TBD yd3 Vol. Bent Excavation: M yd3 Vol. Backfill THD yd3
7. Is Channel Excavation Required? NA Surface Area: R2 Volume: yd3
8. Is Fill below OHW Req'd.? NA Surface Area: R2 Volume: yd3
9. Is Riprap required? No Volume: yd3
D. Work Road Information:
1. Is Work Road(s) required? Yes Location: C L (s) of the work road(s) are offset 55' parallel to
C L Construction both upstream and downstream. Top Width: 20 ft
2. Is Fill below OHW required? Yes Surface Area: 5,450 ft2 Volume 690 yd3
3. Are Pipes required to meet Backwater Criteria? NO Waterway Opening: ft2
E.
1,
2.
3.
Detour Information:
Is a detour bridge required? No Location in relation to Existing Br.: _
Length: ft Br. Rdwy. Width: ft Deck Elevation:
Volume of Fill below OHW: yd3 Surface Area:
F. Coordination with Outside Agencies (e.g., FHWA, City, County, C of E, USCG):
Has Bridge Division coordinated with any outside agencies? No
Ageng Person Contacted Date
CAwwMHTD1ADNE965W406411Erry Form Prelim 040641.410o
rN
91
Lake Sequoyah Conversion Property
A. ENVIRONMENTAL RESOURCES
Not
NoiNegligible -
Impacts-
:
Impacts
More Data Needed',
Indicate potential for adverse impacts. Use a
separate sheet to clarify responses per
Applicable-
Resource does
Exists but no or
Minor
Impacts
Exceed Minor
EAlEIS required
to De'4e`rmine
' Degree of Impact
instructions for Part A on page 9.
not exist
negligible
im acts '
, EA/EIS required,-
1. Geological resources: soils, bedrock,
X
slopes, streambeds, landforms, etc.
2. Air quality
X
3. Sound (noise impacts)
X
4. Water quality/quantity
X
5. Stream flow characteristics
X
6. Marine/estuarine
X
7. Floodplains/wetlands
X
8. Land use/ownership patterns;
X
y livability
property values; communit
9. Circulation, transportation
X
10. Plant/animal/fish species of special
concern and habitat; state/
X
federal listed or proposed for listing
11. Unique ecosystems, such as
biosphere reserves, World Heritage
X
sites, old 2rowth forests, etc.
12. Unique or important wildlife/ wildlife
X
habitat
13. Unique or important fish/habitat
X
14. Introduce or promote invasive
X
species(plant or animal
15. Recreation resources, land, parks,
open space, conservation areas, rec.
trails, facilities, services, opportunities,
X
public access, etc. Most conversions
exceed minor im acts. See Step 3.B
16. Accessibility for populations with
X
disabilities
17. Overall aesthetics, special
X
characteristics/feature s
18. Historical/cultural resources,
including landscapes, ethnographic,
X
archeological, structures, etc. Attach
SHPO/THPO determination.
19. Socioeconomics, including
employment, occupation, income
X
changes, tax base, infrastructure
20. Minority and low-income
X
populations
21. Energy resources (geothermal,
X
fossil fuels, etc.
22. Other agency or tribal land use
X
tans or policies
23. Land/structures with history of
contamination/hazardous materials
X
even if remediated
24. Other important environmental
X
resources to address.
B. MANDATORY CRITERIA
To he
If rar.: MO _f_ _ _i7asi 1.16 a ""i*av;eial tii�,aU it.,.
Yes
No
dqtOMin
X
1. Have significant impacts on public health or safety?
2. Have significant impacts on such natural resources and unique geographic
characteristics as historic or cultural resources; park, recreation, or refuge lands,
wilderness areas; wild or scenic rivers; national natural landmarks; sole or
X
principal drinking water aquifers; prime farmlands; wetlands (E.O. 11990);
floodplains E.O 11988 ; and other ecologically significant or critical areas.
3. Have highly controversial environmental effects or involve unresolved conflicts
concerning alternative uses of available resources [NEPA section 102 2 E ?
X
4. Have highly uncertain and potentially significant environmental effects or
involve unique or unknown environmental risks?
X
5. Establish a precedent for future action or represent a decision in principle
about future actions with pqtentially significant environmental effects?
X
6. Have a direct relationship to other actions with individually insignificant, but
cumulatively significant, environmental effects?
X
7. Have significant impacts on properties listed or eligible for listing on the
National Register of Historic Places, as determined by either the bureau or
X
office.(Attach SHPO/THPO Comments
8. Have significant impacts on species listed or proposed to be listed on the List
of Endangered or Threatened Species, or have significant impacts on designated
X
Critical Habitat for thesespecies.
9. Violate a federal law, or a state, local, or tribal law or requirement imposed for
the protection of the environment?
X
10. Have a disproportionately high and adverse effect on low income or minority
_populations Executive Order 12898 ?
X
11. Limit access to and ceremonial use of Indian sacred sites on federal lands by
Indian religious practitioners or significantly adversely affect the physical integrity
X
of such sacred sites Executive Order 13007 ?
12. Contribute to the introduction, continued existence, or spread of noxious
weeds or non-native invasive species known to occur in the area, or actions that
may promote the introduction, growth, or expansion of the range of such species
X
Federal Noxious Weed Control Act and Executive Order 13112 ?