DESIGN REASSESSMENT OF BELLA VISTA – PINEVILLE, MO ...DESIGN REASSESSMENT OF FEIS BELLA...

DESIGN REASSESSMENT OF

BELLA VISTA – PINEVILLE, MO

ENVIRONMENTAL IMPACT STATEMENT

HIGHWAY 71 IN BENTON COUNTY, ARKANSAS

FROM BELLA VISTA, ARKANSAS

TO THE ARKANSAS/MISSOURI STATE LINE

Federal Highway Administration-Arkansas Division

FHWA-AR-EIS-98-01-F

Federal Project: DPR-00551(1)

State Project: 009969

September 2009

DESIGN REASSESSMENT OF FEIS BELLA VISTA-PINEVILLE, MO

FHWA-AR-EIS-98-01-F 1

This project, Federal Aid Project (FAP) Number HY10-0163-005, Arkansas State Highway and Transportation Department (AHTD) Job Number 090224, was initially evaluated as part of FAP DRP-0051(1), AHTD Job Number 009969, U.S. 71, Bella Vista to Pineville, Missouri (see Figure 1), for which a Final Environmental Impact Statement (FEIS) was approved by the Federal Highway Administration (FHWA) on December 22, 1999, and the Record of Decision was issued April 19, 2000.

PROJECT HISTORY The AHTD conducted a reassessment of the FEIS to document changes to the 1998 Conceptual Design that occurred following a Location Public Hearing (LPH) held May 21, 1998 in Bella Vista, Arkansas. This Design Reassessment was approved in June 2007. The June 2007 Design Reassessment also documented right of way impacts associated with the addition of a main lane toll plaza (Plaza) and toll booths (Booths). The tolling concept was based on the combined findings of a Traffic, Revenue and Toll Feasibility Study, (2004 Study) and a Bella Vista Bypass Toll Study Update (2006 Study) conducted by HNTB Corporation. On the basis of these findings, on April 12, 2006 the Arkansas State Highway Commission authorized the AHTD to construct and fund the Arkansas portion of the Bypass as a toll facility. Figure 2 shows the tolled Arkansas portion of the Bypass as proposed in the 2007 Design Reassessment. Missouri has no plans to toll their portion of the Bypass. The 2007 project funding plan included existing federal-aid funds, tolling, bonds, and a Transportation Infrastructure Finance and Innovation Act (TIFIA) loan. In September 2007, Carter & Burgess, Inc. and Stantec Consulting submitted a draft study (2007 Study) that reevaluated the feasibility of funding the Bypass with tolls. The draft 2007 Study concluded that tolls would not provide sufficient funding to complete the proposed Bypass. When the 2007 Study determined it would not be feasible to toll the Bypass, funding fell short and extended the projected completion date from 2010 to approximately 2037. A November 2007 Design Reassessment documented the reduced impacts associated with removal of the Plaza and Booths and impacts associated with the addition of a frontage road between Highway 72 and Highway 279.

PROJECT REVISIONS Jacobs Engineering has recently updated the Bypass’ toll feasibility information (2009 Study) in order for AHTD to apply for federal stimulus aid under the American Recovery Reinvestment Act (ARRA) of 2009 Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program. The ARRA TIGER Discretionary

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Map Date: September 2, 2009Aerial Photography Date: 2008

Figure 2Toll Facility Locations

Bella Vista Village

Bentonville

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Missouri

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Grant, used in conjunction with bond sales for tolling, would allow construction to begin as soon as 2010 and requires the Bypass to be completed by 2013. This Design Reassessment will evaluate the impacts associated with converting the Arkansas portion of the Bella Vista Bypass from a non-toll facility to a toll facility. The reassessment is necessary not only to fulfill National Environmental Policy Act (NEPA) requirements but also to fulfill requirements for the ARRA TIGER Grant Program application. The toll facility design has not been modified from that which was presented in the approved 2007 Design Reassessment. The analysis of impacts associated with converting the Bypass from a non-toll facility to a toll facility focuses on cost, operations, traffic, noise, economic, and social impacts.

PROJECT COST The June 2007 Design Reassessment estimated the construction and design cost of the Bypass as a toll facility to be approximately $141.1 million; approximately $29.3 million of that has been spent on right of way, utilities, and acquisitions. Currently, the additional cost necessary to construct the Bypass as a toll facility is estimated to be approximately $239 million, as illustrated in Table 1.

Table 1 Estimated Cost (2009) (in Million $)

Additional Right of Way Additional Relocations Construction & Design*

$0.25 0 $238.7

*Includes estimated costs for the Toll Plaza and Booths. Right of way acquisition for the Bypass began in 2007 and is nearly complete. The addition of Booths will result in no significant change to the design and would not require additional right of way. However, construction of the Plaza would require 15.7 acres (6.4 hectares) of additional right of way that was approved in the 2007 Reassessment but has not been purchased. The additional right of way necessary for the Plaza is shown in Figure 3. See Table 1 for the associated estimated costs.

TOLL OPERATIONS The Arkansas Highway Commission would act as the tolling authority. With funding secured, during the first month of operation the Bypass would function as a toll free

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Figure 3 Inset

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Toll Plaza Right of Way to be acquired

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Figure 3Highway 72 East Interchange and

Toll Plaza LocationsJob 090224AHTD Environmental GIS - DudleySeptember 3, 2009

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facility, after which time the full toll would be collected. In accordance with the Toll Agreement between the FHWA and AHTD, the toll would be removed when construction financing is repaid. The loans and bonds are expected to mature approximately 35 to 40 years from project opening in 2013. Projected toll rates, as provided in the 2009 Study, would be consistent with the national average of other toll facilities in the United States, which is currently $0.10 to $0.15 per mile for passenger vehicles. Large commercial vehicles would be charged a higher user fee. Depending on the amount of funding received, lower toll rates would be considered for “green” vehicles, elderly, and low-income families. Tolls would be collected at Booths or the Plaza and could be paid either with cash or using a toll transponder through electronic toll collection (ETC). The cash option would utilize non-staffed kiosks that would accept exact change at the Booths. The Plaza would have manned booths for cash transactions. ETC responders would allow drivers to travel under transponder stations with no need to stop. Funds would then be electronically deducted from an established account. Toll booths would be located at three interchanges on the Bypass: the County Road 34 Interchange, the Highway 72 West Interchange, and the Hiwasse Interchange. The main Plaza would be located west of Hiwasse. Booth locations for County Road 34 and Highway 72 West are shown on Figures 4 and 5, respectively; see Figure 3 for Plaza and Booth locations near Hiwasse.

TRAFFIC INFORMATION In order to assess Bypass tolling feasibility, the 2009 Study utilized 2009 average daily traffic (ADT) as the basis to forecast traffic for the completion year of 2013 and the twenty year planning period of 2033. In forecasting future toll revenues, the 2009 Study was conservative, and assumed lower future traffic volumes than expected in order to assure future funding was not overestimated. Figure 6 shows the 2009 ADT with the percentage of trucks. North of the interchange at Highway 71 and Highway 71 Business (Highway 71B), the ADT was recorded to be 47,900 vehicles per day (vpd) with 13% trucks. South of the Arkansas/Missouri state line, the ADT was recorded to be 24,600 vpd with 19% trucks. Missouri’s published data shows traffic volumes north of the state line to be between 15,700 vpd and 23,800 vpd, with approximately 25% trucks. Figure 7 indicates the ADT predictions for Highway 71 if no action were taken to improve the roadway network. Highway 71 traffic volumes north of Highway 71B would reach about 66,500 vpd in 2033. At the state line, traffic volumes are forecast to be about 35,000 vpd without the Bypass.

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Figure 6

Existing Traffic on Highway 71



Figure 7

Projected Traffic on Highway 71 with No-Action



The Level of Service (LOS) represents the operational conditions of traffic, with LOS A being the least congested and LOS F being the most congested. Current Bella Vista traffic volumes and travel time studies, which were conducted during peak traffic hours, indicate traffic congestion occurs north of, and near the Highway 71 and Highway 71B Interchange. The study results, presented in Table 2, indicate an improved projected LOS on sections of existing Highway 71 with the Bypass in place. The improvements are slightly better with a non-tolled Bypass than a tolled Bypass. However, if the Bypass is tolled, the LOS is closer to the No-Action LOS, especially on Section 2 of existing Highway 71. Figure 8 illustrates the sections of existing Highway 71 measured in the LOS study.

Table 2 Existing Highway 71 Present and Projected LOS

For Peak Traffic Hours

Existing

Highway 71 No-Action

Existing Highway 71 with

Non-tolled Bypass

Existing Highway 71 with

Tolled Bypass

Section 1 2 3 1 2 3 1 2 3

2009 LOS F E C N/A N/A N/A N/A N/A N/A

2013 LOS F F D F E C F F C

2033 LOS F F F F D C F F C

Traffic volumes in the project area have steadily increased over the past twenty years, outpacing the overall traffic growth experienced in Arkansas. With the expansion of traffic along Highway 71, not only do local users experience a higher percentage of large trucks, but long-distance travelers also contend with numerous signalized intersections, slower posted speeds, and local traffic. The traffic, LOS, and associated inconveniences support the need for the proposed Bypass. Figure 9 illustrates how a non-tolled Bypass would reduce traffic along existing Highway 71 and would provide congestion relief in the twenty-year planning period. Figure 10 reflects the traffic volumes used to determine the financing and incentives for the tolled facility. Estimates related to tolling impacts (financial, driver impact, driver savings, etc.) are based on conservative estimates of the number of drivers to access the toll facility.

Figure 8LOS Study SectionsJob 090224

AHTD Environmental GIS - DudleySeptember 3, 2009

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Bentonville

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Figure 9

Projected Traffic for the Bypass (Non-Tolled Facility) and Highway 71



Figure 10 Projected Traffic for the Bypass (Tolled Facility) and Highway 71



The Bypass would provide eight to 15 minutes of time savings when compared to traveling on existing Highway 7l, which would translate into over 130 annual hours of commuting time per commuter saved between Bella Vista and McDonald County, Missouri. On existing Highway 71 in Bella Vista, drivers would also experience less delay, less idling, and reduced crash exposure.

BENEFIT COST ANALYSIS A Benefit Cost Analysis (BCA) was performed to compare the cost of using the Bypass with the cost of using the existing route. Table 3 compares vehicle operations and maintenance costs, fuel cost as a result of travel delay, time savings, average toll cost, and cost per trip for existing Highway 71 with and without the Bypass in place, and for the Bypass itself. Because the toll cost has not been established, the toll fees presented in Table 3 are for comparison purposes only, and represent national average toll rates. The Bypass is approximately three miles longer than the existing route through Bella Vista. The three additional travel miles would not result in a sizable cost difference for passenger cars on the Bypass versus those traveling existing Highway 71. However, large vehicles and trucks would likely realize a substantial cost savings by using the Bypass. All Bypass users would realize a time savings, and would be assured of a trip with predictable speed and duration. Safety enhancements due to cross-section and alignment geometry would also be realized.



Table 3 Driver Cost Benefit Analysis

Existing Highway 71 No-Action

Vehicle O & M1 Cost

Fuel Cost2 of Delays

Time Savings3

(minutes) Average Toll4Average

Value of Time Savings

Cost Per Trip

PC5 Truck6 PC Truck PC Truck PC Truck PC Truck PC Truck

$7.94 $41.26 $1.01 $7.58 N/A N/A $0.00 $0.00 N/A N/A $8.95 $48.84

Existing Highway 71 with Bypass

Vehicle O & M Cost

Fuel Cost of Delays

Time Savings

(minutes) Average Toll Average


Cost Per Trip

PC Truck PC Truck PC Truck PC Truck PC Truck PC Truck

$7.78 $39.55 $0.68 $5.13 5-8 5-8 $0.00 $0.00 $1.51 $2.30 $6.95 $42.38

Bella Vista Bypass Tolled

Vehicle O & M Cost

Fuel Cost of Delays

Time Savings

(minutes) Average Toll Average


Cost Per Trip

PC Truck PC Truck PC Truck PC Truck PC Truck PC Truck

$8.63 $24.20 $0.11 $0.34 8-15 8-17 $1.50 $6.00 $2.67 $4.07 $7.57 $26.47

1. Vehicle Ownership and Maintenance Cost includes cost of vehicle ownership, insurance, licensing, depreciation, maintenance, and etc. Truck O&M Cost includes the cost of cargo inventory being unavailable for stock and sale during transport.

2. Fuel Cost of Delays assumes mid-year (2013) traffic stops at 8 of 10 signals, with delays as follows: 0.93 minute traffic stops where speed limit at signal is more than 45 mph, 1.3 minute traffic stops where speed limit as signal is 45 mph or less on Highway 71 without the Bypass in place. With the Bypass in place, delays assume 0.5 minute stops at signals where the speed limit is greater than 45 mph, and 1.0 minute delays at signals where speed limit is 45 mph or less. These costs are partially covered in the vehicle costs.

3. Time Savings to Road Users assumes 65 mph to 70 mph speeds on the Bypass, with a maximum of one stop at a toll facility booth for road users paying cash. The Traffic and Revenue Report identified time savings minutes, and considered effects of signals on traffic on the existing route. There are currently 10 signals on Highway 71. Additional signals are expected as traffic volumes increase.

4. Average Toll has yet to be established, but should range between $0.10 and $0.15 per mile for the entire route for passenger cars. Trucks could be charged by size and could pay about $6.oo per trip.

5. PC is passenger car, passenger truck, sports utility vehicle or van. Costs assume an average across the range of vehicles.

6. Truck is a commercial vehicle, including single unit trucks and tractor trailer units, as defined by FHWA. Costs assume an average.



SOCIOECONOMIC IMPACTS Social impacts are comprised of social and cultural consequences of public or private actions that are indicated as changes in one or more of the following:

• Way of life – the way people live, work, play, and interact with one another on a day-to-day basis;

• Culture – shared beliefs, customs, and values; • Community – its cohesion, stability, character, services, and facilities; and • Quality of the environment – the quality of air and water, the level of dust and

noise experienced, safety and fears about security, etc.

As either a non-tolled or tolled facility, the Bypass could impose a “way of life” social impact on communities located near the proposed facility. Specifically, a new transportation route could influence opportunities for employment, education and social interaction. Benton County, Arkansas and McDonald County, Missouri were analyzed for existing social conditions and the potential environmental consequences of the proposed project. The project study area involves four communities in Benton County: Bella Vista, Bentonville, Hiwasse and Gravette; and five communities in McDonald County: Caverna, Jane, Havenhurst, Noel and Pineville. Benton County is in the northwestern corner of Arkansas and borders Missouri and Oklahoma. The United States Census Bureau reports a population of 153,206 in the year 2000, with the population rapidly increasing to 209,791 in 2008. The largest city in Benton County is Rogers, which currently has a population of 56,726. The primary occupations in Benton County are in management, professional, sales and office positions. Wal-Mart Stores, Inc. and Tyson’s Inc. are the largest area employers. Numerous Fortune 500 companies and smaller firms have regional offices in Benton County to support their accounts with Wal-Mart Stores, Inc. McDonald County borders Arkansas and Oklahoma in the southwestern corner of Missouri. The U.S. Census Bureau reports a population of 21,681 in the year 2000 with an increase in population to 22,731 in 2008. The largest city in McDonald County is Anderson, which has a population of 2,055. The county’s primary professions are centered around the manufacturing and retail trade, although agriculture remains an essential part of the county’s economic base. There are two types of community within this region: territorial and relational. The relational community may have no designated city boundary and may be defined by relationships within the community. A relational sense of community is the perception of similarity, an acknowledged reliance on mutual assistance, support, cooperation, or



interaction with others. Relational communities exhibit a willingness to maintain this reliance by giving to or doing for others, and the feeling that one is part of a larger dependable and stable structure. Relational communities within Missouri’s portion of the project area include Caverna, Jane, and Havenhurst. Hiwasse is the only relational community in the Arkansas portion of the project area. Communities may also be defined according to territorial existence. A territorial community has a specific geographic location with borders and can be further subdivided into neighborhoods. The following communities near the project are considered territorial:

Bella Vista, Arkansas – The toll facility would be located west and south of Bella Vista. As of the 2000 Census, Bella Vista had a population of 16,582 people, with 97.9% being Caucasian and 1.0% being Hispanic or Latino. The median household income was $44,090, with most working within the management, professional, sales and office occupations. At the time of the census, 52% of the Bella Vista population was over the age of 60. Bentonville, Arkansas – Bentonville, the second largest city within the region, is home to the Wal-Mart Stores, Inc. headquarters. The city population was 19,730 during the 2000 Census. The 2007 Census estimates the city population at 33,744, ranking it as Arkansas’ 11th largest city, with 87.7% of the population being Caucasian and 6.8% being Hispanic or Latino. The median household income is $50,698, with most working in management, professional, and sales related occupations. Only 10.3% of the Bentonville population was over the age of 60 at the time of the 2000 Census. Gravette, Arkansas – Gravette is west of the Bypass and had a population of 1,810 at the time of the 2000 Census. Gravette’s population is 92.9% Caucasian and 2.9% Hispanic or Latino. The median household income is $29,881, with most working in the field of sales and office occupations. At the time of the census, 21.2% of the Gravette population was over the age of 60. Noel, Missouri – Noel is located thirteen miles from Highway 71 and approximately eight miles from the proposed Bypass. The 2000 Census showed Noel to have a population consisting of 1,608 people, with 71.4% being Caucasian and 36.5% being Hispanic or Latino. The median household income is $27,386, with most working in service, production, transportation, and materials-moving occupations. At the time of the census, 14.6% of the Noel population was over the age of 60. Pineville, Missouri – Located immediately north of the study area on Highway 71, Pineville is the county seat of McDonald County. The 2000 Census indicated the Pineville population consisted of 768 people with an updated increase to 861, a population change of 12.1%. The population is 95.7% Caucasian and 2.6% American Indian and Alaska Native. The median household income is $24,886, with most working in management, professional, sales and office occupations. At the time of the 2000 Census, 19.5% of the Pineville population was over the age of 60.



Table 4 contains comparative information on age and household income for Benton County and McDonald County, as well as selected cities within the counties.

Table 4 Comparative Income Data

Place Median Age Median Household Income

State Household Income

Benton County, AR 37.0 $40,281 $37,555

McDonald County, MO 35.8 $27,010 $37,934

Bella Vista, AR 61.2 $44,090 $37,555

Bentonville, AR 29.9 $50,698 $37,555

Gravette, AR 35.6 $29,881 $37,555

Noel, MO 32.2 $27,386 $37,934

Pineville, MO 34.2 $24,886 $37,934

Job opportunities within the project area are primarily professional, sales, clerical, and warehouse related, and are located in the Benton County, Arkansas cities of Bentonville and Rogers. According to the mayor of Anderson, Missouri, “approximately 7,000 to 10,000 McDonald County residents work in Arkansas, with many of the workers making approximately $12 per hour working warehouse related jobs for Wal-Mart’s various vendors and suppliers. Approximately 1,000 Benton County residents work in McDonald County, making about $15 per hour working within the County School District or within the poultry industry.” The Bypass would provide a more efficient route during peak travel hours than existing Highway 71 by allowing travelers to avoid the congestion on Highway 71. According to the Drivers Cost Benefit Analysis (DCBA), use of the Bypass could decrease commuting costs during peak hours, but would force individuals to choose between time savings and toll expenses. The DBCA indicates a modest difference between the two and suggests the Bypass would not adversely affect costs for the local commuter. In summary, all local commuters would have access to a viable non-tolled route, such as existing Highway 71 and/or Highway 59. Individuals would make personal choices regarding the potential time savings of using the Bypass versus the anticipated cost. This choice would likely be a function of schedule, safety, and convenience.



The use of electronic toll collection (ETC) is not a function of income but user choice. A prepaid account would be available to all commuters, and users would have access to the “pay as you go” or cash option. Investment in this project would also support numerous jobs in the Northwest Arkansas region. A 2007 FHWA analysis found that every $1 billion invested in highway construction would support approximately 27,800 jobs, including approximately 9,500 jobs in the construction sector, approximately 4,300 jobs in industries supporting the construction sector, and approximately 14,000 other jobs induced in non-construction related sectors of the economy.

PUBLIC INVOLVEMENT Public Involvement Meetings were held in Benton County to share information about the conversion of the Bella Vista Bypass from a non-toll facility to a toll facility. The meetings, which were held on August 5, 2009, in Bella Vista, and on August 6, 2009, in Gravette, provided the public an opportunity to receive information about traffic projections and operation of the toll facility, view the proposed Booth and Plaza locations, and to give comment. The meeting synopsis is located in Appendix 2.

TITLE VI AND ENVIRONMENTAL JUSTICE Illegal discrimination based on race, color, age, and national origin can limit the opportunity for minorities to gain equal access to services and programs. Title VI of the Civil Rights Act of 1964 is the federal law that protects individuals and groups from discrimination on the basis of their race, color, age and national origin in programs and activities that receive federal financial assistance. In order to comply with the Presidential Executive Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority and Low-Income Populations, the FHWA must appropriately address the effects of proposed projects on minority and/or low-income populations that could potentially be affected by FHWA activities. Minorities are made up of non-Caucasians and are simplified into five different categories: African-Americans, Hispanic-American/Latinos, Native Americans/Alaska Natives, Asian Americans, and Native Hawaiian/Pacific Islanders. A low-income community or population was classified in 2000 as having an average annual income of $22,050 for a family of four. None of the communities near the project area met this condition. Survey information received after local Public Involvement Meetings found that only 6.6% of respondents fell into a low-income category. Using census data, the Health and Human Services Poverty Guidelines, and Public Involvement survey results (Appendix 2), it was determined that the largest minority



population near the project area is located in Noel, Missouri. However, since Noel is located on Highway 59, Highway 59 would function as their main travel route into northwest Arkansas instead of the Bypass. Based upon this analysis, the proposed project would not exert a high and/or adverse impact upon minority or low-income populations. Depending on the funding made available to construct the Bypass, programs may be used that would allow purchase of transponders using flexible pricing options based on road user lifestyles. This could allow certain groups, such as elderly and low-income, to utilize the facility at discounted rates. Even though existing Highway 71 and the toll facility would not provide the same travel-time saving benefits, existing Highway 71 conditions are adequate and will remain accessible to all users. Therefore an increase in travel time or distance should not adversely affect the users of the existing highway. The tolling of the Bella Vista Bypass would provide earlier implementation and opportunity to reduce congestion and improve local transportation on the local highway network in a shorter timeframe.

NOISE No increase in noise impacts is expected relating to the conversion of the Bypass to a toll facility. Traffic on the tolled Bypass, and its related noise impacts, will decrease from the estimates included the FEIS for the facility. This correlates to a corresponding decrease in expected traffic noise, except near the main toll plaza. Additional noise would result from trucks braking and gearing up and down at this toll plaza location. However, since the Plaza is in an isolated area, no additional noise impacts are expected. As presented in the Traffic Information Section, traffic will also decrease slightly on existing Highway 71; therefore, traffic noise levels should also lessen. As previously committed, a noise barrier analysis will be conducted during the final phase of design, in accordance with AHTD Noise Policy, to determine barrier feasibility for a historic church, the adjacent Windemere Woods Subdivision, and other areas of concentrated development at the time of construction. An additional barrier analysis will be conducted when the toll facility is converted to a free facility, in order to address potential traffic increases and additional noise impacts at that time.

ENDANGERED AND THREATENED SPECIES The U.S. Fish and Wildlife Service (USFWS) Arkansas Ecological Services Field Office has determined that the endangered gray bat (Myotis grisescens), the endangered cave crayfish (Cambarus aculabrum), and the threatened Ozark cavefish (Amblyopsis rosae)



are documented to occur in the project area. Previous surveys during the preparation of the FEIS did not locate specific locations of direct impact to these three species. The USFWS has recommended that the AHTD survey the new right of way for karst features such as cave openings, sinkholes, springs, and losing streams. Following this survey, the FHWA and AHTD will consult with the USFWS to determine if additional avoidance or mitigation actions will be required. Coordination with the USFWS can be found in Appendix 1.

CONCLUSION This reevaluation of the environmental impacts resulting from design modifications was conducted through document review, site visits, public meetings, and the evaluation of public comments. The additional and/or revised impacts detailed in this design reassessment are not deemed significant.

APPENDIX 1

USFWS COORDINATION

United States Department of the Interior

FISH AND WILDLIFE SERVICE 110 South Amity Road, Suite 300

Conway, Arkansas 72032 IN REPLY REFER TO: Tel.: 501/513-4470 Fax: 501/513-4480

September 8, 2009

Mr. Lynn P. Malbrough

Environmental Division Head

Arkansas Highway and Transportation Department

P.O. Box 2261

Little Rock, AR 72203-2261

Re: Belle Vista Bypass Design Reassessment, Benton County, Arkansas

Dear Mr. Malbrough,

This letter provides U.S. Fish and Wildlife Service (Service) comments concerning the above

referenced Arkansas Highway and Transportation Department (AHTD) project. This responds to

AHTD solicitation of Service recommendations for the project in a phone call dated August 25,

2009. Our comments are submitted in accordance with the Endangered Species Act of 1973

(Act; 87 stat. 884, as amended; 16 U.S.C. 1531 et seq.).

A review of the bypass alignment revealed that the endangered gray bat (Myotis grisescens),

endangered cave crayfish (Cambarus aculabrum), and the threatened Ozark cavefish

(Amblyopsis rosae) are the only federally listed species currently documented to occur in the

project area. A maternity colony of over 15,000 gray bats was observed in Crystal Cave on July

14, 2008. A 7.5 mile segment of the Belle Vista Bypass alignment from the Hwy. 71

intersection to the Hwy. 279 intersection near Hiwasse, Arkansas lies within the five mile

conservation zone for gray bats residing in Crystal Cave.

Gray bats are known to forage for insects up to five miles from hibernacula along wooded stream

riparian corridors and forest edge habitats between March 15 and October 15 in Arkansas. The

Service recommends that potential gray bat habitat be cleared and grubbed outside of the

aforementioned dates to avoid detrimental effects to the species. Clearing of gray bat habitat

from March 15 to October 15 will require further consultation with the Service. Service

personnel will work with AHTD to determine the extent of gray bat habitat within the proposed

alignment segment.

The endangered cave crayfish, C. aculabrum, inhabits Old Pendergrass Cave near the Hwy. 71

crossing of the Arkansas/Missouri border. A segment of the proposed bypass, from the Hwy. 72

intersection west of Hiwasse, Arkansas for approximately 2.5 miles north, is directly adjacent to

or within the estimated area of vulnerability for the Old Pendergrass recharge zone. Water

quality degradation from Belle Vista Bypass construction and subsequent urban development

could potentially affect listed species in the cave. To avoid adverse effects, the Service

recommends the following: construct access and service roads along this segment only as a last

alternative and restrict such roads to only the lengths necessary to restore landowner access.

Where possible, these roads should be constructed on the west side of the proposed bypass,

opposite the Old Pendergrass Cave recharge zone. When feasible, we request that AHTD

purchase fractured parcels in fee title (or obtain easements) for the purpose of creating “green

spaces” or naturally vegetated swales to capture highway runoff. A post construction stormwater

management plan should be developed to prevent highway runoff from directly entering water

bodies and karst features. Additionally, AHTD should work with surrounding communities to

ensure that an emergency response plan for hazardous material spills is available to avoid

unnecessary contamination of surface and groundwater.

Ozark cavefish are known to occur in Civil War Cave just east of the city of Bentonville,

Arkansas and the Belle Vista Bypass alignment is over two miles north of the cave and its

associated recharge zone. The Service does not expect adverse effects to species within the cave

from this project.

The true extent of the subterranean environment in the vicinity of the proposed project is difficult

to clearly delineate. Undiscovered karst features, such as a cave openings, sink holes, losing

streams, springs, and underground passages, may occur on or near your project site, even in

previously developed areas. Therefore, the Service recommends that AHTD survey the new

right-of-way for karst features such as cave openings, sinkholes, springs and losing streams. The

location of any features should be provided to the Service via global positioning system

coordinates (WGS 84, decimal degrees). Service personnel will work with AHTD to accomplish

this task and will provide any additional consultation that may be required if new information is

presented as a result of the karst survey.

Numerous species of migratory birds protected under the Migratory Bird Treaty Act also occur

in the area and may be nesting on bridges or other structures to be replaced or upgraded.

Surveys should be conducted prior to initiation of construction and special consideration given to

the times and dates of construction to avoid impacts to these species which typically nest in

Arkansas from March to September.

Wetland habitats are rare in the project area and any such habitats identified during field surveys

should be avoided. Additionally, wildlife passage should be considered during design phases of

the project. Strategic placement of cuts/fills and bridging should be used to provide adequate

passage for wildlife movement throughout the project alignment.

Comments provided within this letter are in addition to any provided prior to the Record of

Decision for the Environmental Impact Statement signed April 19, 2000. These comments

pertain only to that portion of the bypass that lies within Arkansas. Any additional questions

regarding the Missouri portion of the alignment and listed species within that state should be

directed to the Service’s Missouri Field Office at (573) 234-2132.

Thank you for allowing our agency the opportunity to comment on the proposed project. For

future correspondence on this matter, please contact Mitch Wine of this office at 501-513-4488.

Sincerely,

Margaret Harney

Team Leader

cc:

Jerry Ziewitz, USFWS

Randal Looney, FHWA

John Harris, AHTD

John Fleming, AHTD

Brenda Price, AHTD

Josh Seagraves, AHTD

Cindy Osborne, ANHC

Robert Leonard, AGFC

Wanda Boyd, EPA

APPENDIX 2

PUBLIC INVOLVEMENT SYNOPSIS

PUBLIC INVOLVEMENT SYNOPSIS

Job Number 090224 Bella Vista Toll Facility

Benton County August 5 and 6, 2009

Open forum Public Involvement Meetings were held for the proposed Bella Vista Toll Facility in Bella Vista at Riordan Hall on August 5, 2009, and in Gravette at the Gravette High School on August 6, 2009. The meetings were conducted from 4:00 p.m. to 7:00 p.m. Special efforts to involve minorities and the public in the meeting included:

• Display advertisement placed in the Weekly Vista and in the Gravette News Herald on Wednesday, July 29, 2009, and Wednesday, August 5, 2009.

• Distribution of flyers in the project area. • Public Service Announcement to La Zeta 95.7 FM, that aired Monday, August 3,

2009, through Thursday, August 6, 2009. • Outreach letters to minority ministers.

The following information was available for inspection and comment. Copies of these are attached.

• Schematic of typical main lane toll collection plaza • Schematic of typical ramp toll collection booth • Final Environmental Impact Statement traffic forecasts • Existing traffic counts and truck percentages • Toll facility traffic forecasts • Non-Toll facility traffic forecasts • Northbound and southbound peak travel delay • Aerial Photography showing Bypass location • Display showing speed limits and signals on existing Highway 71.

Handouts for the public included a comment sheet and a list of Frequently Asked Questions for tolling the Bella Vista Bypass. Copies of these are attached. Table 1 describes the results of the public participation at the Bella Vista and Gravette meetings.

TABLE 1

Public Participation Totals

Attendance at meetings (including AHTD staff) 325

Total comments received 136

Resolutions received 1

Job Number 090224-Public Involvement Synopsis August 5 and 6, 2009 Page 2 of 3 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 from the Bella Vista and Gravette meetings are shown in Table 2.

TABLE 2

Survey Question Totals Usage times per week if not tolled: 1-9 times each week 10-20 times each week 20 or more times each week No usage No response

76 21 11 25 3

Usage times per week if were tolled: 1-9 times each week 10-20 times each week 20 or more times each week No usage No response

62 12 10 46 6

Where Residents Live: Rural Benton County Gravette or Hiwasse Bella Vista - West of Hwy. 71 Bella Vista - East of Hwy. 71 McDonald County, Missouri Other No response

13 19 64 22 4

13 1

Qualification for Reduced Toll: One person family $10,830 or less Two person family $14,570 or less Three person family $18,310 or less Four person family $22,050 or less Five person family $25,790 or less Six person family $29,530 or less Does not fall into any household income groups No response

3 6 0 0 0 0

117 10

ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT (AHTD)

CITIZEN COMMENT FORM

AHTD JOB NUMBER 090224 BELLA VISTA TOLL FACILITY

BENTON COUNTY

LOCATION: RIORDAN HALL

7 KINGSDALE LANE BELLA VISTA, AR 4:00 – 7:00 P.M.

WEDNESDAY, AUGUST 5, 2009

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. 1) How many times per week would you normally use the proposed Bella Vista Bypass

if it were not tolled? Please check one box. 1-9 times each week 10-20 times each week More than 20 times each week I will not use the bypass, even if it is not tolled. 2) How many times per week would you normally use the proposed Bella Vista Bypass

if a toll were required? Please check one box. 1-9 times each week 10-20 times each week More than 20 times each week I will not use the bypass if it is tolled. 3) Where do you live? Please check one box. Rural Benton County Gravette or Hiwasse Bella Vista – West of Highway 71 Bella Vista – East of Highway 71 McDonald County, Missouri Other

Would you qualify for a reduced toll rate by falling into one of the following groups? Please check one box. One person family with an income of $10,830 or less Two person family with an income of $14,570 or less Three person family with an income of $18,310 or less Four person family with an income of $22,050 or less Five person family with an income of $25,790 or less Six person family with an income of $29,530 or less My family doesn’t fall into any of the groups above, so we wouldn’t qualify. Please make additional comments here.

ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT (AHTD)

CITIZEN COMMENT FORM

AHTD JOB NUMBER 090224 BELLA VISTA TOLL FACILITY

BENTON COUNTY

LOCATION: GRAVETTE HIGH SCHOOL

325 LION DRIVE GRAVETTE, AR 4:00 – 7:00 P.M.

THURSDAY, AUGUST 6, 2009

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. 1) How many times per week would you normally use the proposed Bella Vista Bypass

if it were not tolled? Please check one box. 1-9 times each week 10-20 times each week More than 20 times each week I will not use the bypass, even if it is not tolled. 2) How many times per week would you normally use the proposed Bella Vista Bypass

if a toll were required? Please check one box. 1-9 times each week 10-20 times each week More than 20 times each week I will not use the bypass if it is tolled. 3) Where do you live? Please check one box. Rural Benton County Gravette or Hiwasse Bella Vista – West of Highway 71 Bella Vista – East of Highway 71 McDonald County, Missouri Other

Would you qualify for a reduced toll rate by falling into one of the following groups? Please check one box. One person family with an income of $10,830 or less Two person family with an income of $14,570 or less Three person family with an income of $18,310 or less Four person family with an income of $22,050 or less Five person family with an income of $25,790 or less Six person family with an income of $29,530 or less My family doesn’t fall into any of the groups above, so we wouldn’t qualify. Please make additional comments here.

Bella Vista Bypass (Highway 71) Frequently Asked Questions Regarding Tolling

To assist in answering some of the most frequently asked questions about the design and implementation of a toll collection system for the Highway 71 Bella Vista Bypass, a list of questions and responses has been developed. This list is not all-inclusive and does not answer every question or situation. Introduction In an effort to provide a reliable commute and a high level of customer service to users of the Bella Vista Bypass, the Arkansas State Highway and Transportation Department (AHTD) is designing the Bella Vista toll road with state of the art toll collection technology and services. AHTD will provide comprehensive services to ensure the operational efficiencies, congestion management and fiscal integrity of this long awaited transportation facility is successful on its anticipated scheduled opening in 2013. Provided in this summary is an overview of the key operational elements of a tolling system with both cash and electronic payment options. Why is the Bella Vista Bypass being tolled? The last two Federal-aid transportation bills have not provided enough funding to address the region's long-range transportation needs. A statewide study completed in 2002 concluded that tolls on the Bella Vista Bypass could be considered financially feasible. In 2007, further analyses were conducted to determine the viability of constructing the Bypass. At that time, tolling and a federal loan were considered in the financial plan. However, there still existed a funding shortfall and the project did not proceed. Recently, the opportunity for funding has become available through an ARRA TIGER Discretionary Grant program. If the application is successful, the ARRA TIGER Discretionary Grant funds along with tolling could provide adequate funds to bridge the funding gap. To maximize the federal funds that may be received, tolling of the facility is necessary. Will the Missouri portion of the Bypass be tolled? No. In 2005, the Missouri Department of Transportation (MoDOT) secured their portion of the Bella Vista Bypass funding through the passage of the Amendment 3 ballot initiative. The Smoother, Safer, Sooner program allocated the necessary funding to construct the Missouri portion of the Bypass without the use of toll financing. Will this new toll road ever be converted to a free road? Yes. In accordance with the Toll Agreement between the Federal Highway Administration (FHWA) and AHTD, once the financing of the construction of toll facility is repaid, the toll will be removed from the Bella Vista Bypass. The loans and bonds are expected to mature approximately 35 – 40 years from project opening. How much will it cost to use the toll road? The Bella Vista Bypass is currently undergoing an investment-grade traffic and revenue study and the toll rates have not been set. The cost to use the toll road will be consistent with other toll facilities in the United States, which in today’s dollars is 10 to 15 cents per mile. Will different types of vehicles pay different tolls? Yes, the toll pricing structure will be based on the type of vehicle. The toll amounts have not yet been determined. However, it is typical that large commercial vehicles are charged a slightly higher user fee than smaller personal vehicles.


I pay a gas tax now. By paying a toll, am I being double-taxed? Paying to drive on a toll road is an optional user fee, not an additional tax. It is the driver ’s option to use existing routes without a fee or to use the new toll facility with a fee. One of the main purposes of the proposed project is to alleviate current traffic congestion on existing Highway 71. Motorists who choose to drive the toll road and pay the user fee should experience reduced travel time to their destination. When will the Bella Vista Bypass open? The Bella Vista Bypass may open as soon as late 2013. Right-of-way acquisition is virtually complete. If adequate funds are received from the ARRA TIGER Discretionary Grant, construction may begin as soon as 2010. If adequate funds are not received through the ARRA TIGER Discretionary Grant and the TIGER TIFIA Federal-aid loan, the project may revert to Pay-As-You-Go. There is no timeline for construction for this project funded under a Pay-As-You-Go scenario. How do I pay the toll? Tolls are collected at the plazas along the roadway or at the ramps. Tolls may be paid with cash or by electronic toll collection (ETC) through the use of a toll transponder. What is a toll transponder? An ETC system consists of a small electronic device, similar in size to a credit card. The transponder is placed on the inside of your vehicle's windshield. The transponder is registered by electronic readers that are installed over the roadway. When traveling in the ETC lane, an overhead antenna will read the toll tag transponder and the toll will be automatically deducted from your prepaid toll tag account. An enforcement system is in place to prevent toll-skipping. How will a driver get a toll transponder? A driver will receive a transponder when a pre-paid account is established at the customer service center. Accounts can be established either by phone, in person, or via the internet. A driver’s license, vehicle information and a minimum balance is required to activate a toll tag account. When the driver uses the toll road, the amount will automatically be deducted from this account. What happens if I don’t pay? Is there a fine? If you do not have a toll transponder with an active account and you do not stop and pay cash, your license plate will be recorded by the enforcement system as a violator of the facility. When a violation occurs, a notice will be sent that may include a warning or a notice to pay outstanding tolls, administrative fees, and possibly enforcement fines. The exact amounts of these fines have not been established, but would be consistent with other toll facility policies in the United States. What equipment is needed for a toll facility? Will additional right-of-way be acquired? ETC includes a gantry or scaffold that will be constructed over the lanes. This gantry will contain all the necessary equipment to collect tolls and provide enforcement of violators. Plazas will also be constructed for cash customers. A relatively minor amount of additional right-of-way may be needed for the construction of the single mainlane toll plaza and six ramp plazas (three on southbound exit ramps and three on northbound entrance ramps). The cost for toll collection equipment and installation would be approximately 5 to 10 percent of the total capital cost of the project.

Bella Vista Bypass (Highway 71)Frequently Asked Questions Regarding Tolling

How will the privacy of drivers be protected?The privacy of AHTD customers will be protected. The personal information of citizens accessing the toll facilities will only be used by law enforcement agencies to enforce toll collection. Any other use of customer personal information by a law enforcement agency must be accompanied by a court order.

AHTD will not sell, distribute, or make available in any way, the names and addresses of ETC system account holders. The photo enforcement systems used to capture the license plates of toll violators will not capture images of the driver and/or passengers inside the vehicle, only the exterior of the vehicle and/or license plates. The video and images captured by the system will only be used for toll operations and toll payment enforcement purposes. They will not be shared with the public and they cannot be used in court proceedings or law enforcement activitiesunrelated to toll violations. The recorded images will not be retained for longer than is needed for enforcement or payment verification purposes. These safeguards will protect both toll customers as well as AHTD, by helping to ensure that AHTD does not become unduly burdened by requests for information that are beyond the mission of toll collection.

How will public safety on the toll road be enforced?To enhance safety conditions along the roadways and to ensure drivers comply with posted toll and traffic requirements, Arkansas Highway Police along with local law enforcement will provide assistance. These law officers will provide aid to motorists, enforce state highway laws, respond to accidents, and maintain the necessary level of safety and service to keep the roadways safe for all customers.

Do toll roads increase noise and air pollution?Both noise and air quality issues are being studied as part of the re-evaluation of the Environmental Impact Statement (EIS) for the project. Noise mitigation will be considered if noise levels are above the criteria set by FHWA. If noise mitigation is feasible, it will be provided by AHTD to ensure compliance with federal noise standards.

Air quality is a regional issue and all large transportation projects must be included in the regional air quality analysis. According to the analysis, if transportation improvements are not made air pollution could increase due to local traffic congestion.

What is a Customer Service Center?The primary role of the Customer Service Center (CSC) will be to enroll new customers and provide customer account maintenance and payment options. The CSC will essentially serve as the “face and personality” of the toll collection operations. The AHTD will ensure that the CSC staff will be friendly, well trained and qualified customer service representatives. The CSC will be primarily responsible for:

New Toll Tag Account EnrollmentToll Tag/Transponder DistributionToll Tag Account Updates

Payment CollectionViolation ProcessingCustomer Inquiries

What happens if I don’t have a toll transponder? Is there a fine? How much will the fine be?If you do not have a toll transponder with an active account, your license plate will be recorded as a violator of the facility. When a violation occurs, you will be sent a notice that may include a warning or a notice to pay outstanding tolls, administrative fees, and possibly enforcement fines. The exact amounts of these fines have not been established, but will be consistent with other toll facility policies in the United States.


What happens if I forget my transponder? The Bella Vista Bypass toll road will process both cash and electronic toll payments. If you do not have your transponder with you, then you may proceed to a cash collection lane. You will not be charged on your tag account if you do not have it with you. I do not plan on being a frequent user of the toll road. Should I still consider opening an account? Payment by the electronic method will be fast, easy and convenient for customers. When an account is established, an initial deposit will be requested. Money in the account will only be deducted for the amount of tolls that are used. A customer can close their account at any time. The unused funds will be returned to the customer upon return of the transponder to AHTD. How will the public be kept informed of the project and its status? Public and agency participation and input are always critical in building support for a toll road project. AHTD will work to establish an open and inclusive public and agency information plan for this project to ensure all interested parties have an opportunity to be involved. The program will potentially include additional public meetings, project newsletters, placing information on the AHTD and other local government web sites, and presentations to community organizations upon request. The public will be notified about upcoming meetings regarding tolling. Printed information and other marketing media will be developed to explain the benefits and details on how to obtain a toll tag or open an account. Types of marketing and advertising efforts might include promotional mailers, print and voice advertising and attendance at community events. How can I become involved as a private citizen? Comments received at the public hearing, as well as letters and written comments will be documented and become part of the project record during the re-evaluation of the Environmental Impact Statement (EIS). Additionally, these comments will be included in the environmental documentation that is submitted to FHWA for approval. The public will be notified about upcoming meetings regarding tolling.

Bella Vista Bypass Toll FacilityBella Vista Bypass Toll Facility

Typical Mainlane Toll Collection Design

The proposed Bella Vista Bypass design The proposed Bella Vista Bypass design includes, for each direction of traffic, includes, for each direction of traffic, one mainlane plaza that will consist of one mainlane plaza that will consist of two electronic toll collection lanes and two electronic toll collection lanes and two or three cash payment lanes.two or three cash payment lanes.

Interchange ramp plaza details will be Interchange ramp plaza details will be determined upon study completion.determined upon study completion.

Bella Vista Bypass Toll FacilityBella Vista Bypass Toll Facility

Typical Ramp Toll Collection Design

The proposed Bella Vista Bypass design The proposed Bella Vista Bypass design includes three interchange toll collection includes three interchange toll collection plazas. Each will consist of one electronic plazas. Each will consist of one electronic toll collection lane and one cash payment toll collection lane and one cash payment lane.lane.

Interchange ramp plazas will be located at Interchange ramp plazas will be located at the northbound entrance ramps and the northbound entrance ramps and southbound exit ramps of the Highway 72 southbound exit ramps of the Highway 72 interchanges as well as the interchanges as well as the County Road 34/Highlanders Boulevard County Road 34/Highlanders Boulevard interchange.interchange.

SOUTHBOUND MORNING PEAK TRAVEL DELAY NORTHBOUND EVENING PEAK TRAVEL DELAY

DESIGN REASSESSMENT OF BELLA VISTA – PINEVILLE, MO ...DESIGN REASSESSMENT OF FEIS BELLA...

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