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KY 536 Scoping Study Red Flag Summary/Environmental Overview June 2015 Prepared for the Ohio-Kentucky-Indiana Regional Council of Governments 720 E. Pete Rose Way, Suite 420 Cincinnati, OH 45202 Prepared by Parsons Brinckerhoff 312 Elm Street, Suite 2500 Cincinnati, OH 45202

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KY 536 Scoping Study

Red Flag Summary/Environmental Overview

June 2015

Prepared for the

Ohio-Kentucky-Indiana Regional Council of Governments

720 E. Pete Rose Way, Suite 420

Cincinnati, OH 45202

Prepared by

Parsons Brinckerhoff

312 Elm Street, Suite 2500

Cincinnati, OH 45202

KY 536 Scoping Study

Red Flag Summary/Environmental Overview

i

Table of Contents

Overview .......................................................................................................... 1

Introduction ....................................................................................................... 1

Study Area ........................................................................................................ 1

Purpose of Report ............................................................................................. 1

Affected Environment .................................................................................... 3

Land Use ........................................................................................................... 3

Existing Local and Regional Land Use Plans ....................................................... 3 Existing Land Use .................................................................................................. 4 Future Land Use .................................................................................................... 6 Farmland ............................................................................................................... 6 Federal Lands ........................................................................................................ 6

Human Environment ......................................................................................... 9

Socioeconomic Conditions ..................................................................................... 9 Cemeteries ........................................................................................................... 13 Environmental Justice .......................................................................................... 13 Relocations and Displacements ........................................................................... 17

Cultural and Historic Resources ..................................................................... 17

Natural Environment ....................................................................................... 17

Aquatic ................................................................................................................. 17 Streams and Surface Waters ................................................................................ 17 Water Quality ....................................................................................................... 19 Wetlands .............................................................................................................. 19 Threatened and Endangered Species ................................................................... 19 Groundwater ........................................................................................................ 20 Floodplains .......................................................................................................... 21

Air Quality ...................................................................................................... 21

Noise ............................................................................................................... 22

Hazardous Materials ....................................................................................... 22

Section 4(f)/Section 6(f) ................................................................................. 23

Section 4(f) ........................................................................................................... 23 Section 6(f) ........................................................................................................... 24

Aesthetics ........................................................................................................ 24

Permits ............................................................................................................ 24

Agency Coordination ...................................................................................... 26

Conclusions .................................................................................................... 28

KY 536 Scoping Study

Red Flag Summary/Environmental Overview

ii

List of Figures Figure 1. KY 536 Study Area ............................................................................2 Figure 2. Existing Land Uses .............................................................................5 Figure 3. Recommended Land Use ....................................................................7 Figure 4. Prime Farmland ..................................................................................8

Figure 5. Population Density ...........................................................................11 Figure 6. Community Facilities .......................................................................12 Figure 7. Environmental Justice – Poverty ......................................................15 Figure 8. Environmental Justice – Elderly Population ....................................16 Figure 9. Environmental Constraints ...............................................................18

Figure 10. KY 536 Study Area Topography ....................................................25

List of Tables Table 1. Existing Land Uses in the Study Area ................................................ 4 Table 2. Community Facilities .......................................................................... 9

Table 3. Disadvantaged Populations by Census Boundary ............................ 14 Table 4. Endangered Species in Kenton and Campbell Counties ................... 20

Table 5. Protected Species Identified in Kenton and Campbell Counties ...... 20 Table 6. Potential Sensitive Noise Receptors ................................................. 22 Table 7. Sites with Hazardous Materials Concerns ........................................ 23

Appendices Appendix A. Environmental Justice Analysis

Appendix B. Environmental Resource Data Collection Memorandums

KY 536 Scoping Study 1 Red Flag Summary/Environmental Overview

Overview

Introduction KY 536 in Northern Kentucky is a major east-west transportation corridor through Boone,

Kenton, and Campbell counties. Regional leaders, transportation officials, Northern

Kentucky businesses and residents recognize KY 536 as critical to east-west connectivity

in the region. Other than I-275 and KY 536, there are limited direct route options for east-

west travel in Northern Kentucky. Efforts are underway to upgrade KY 536 as a modern

corridor that will improve access, mobility and safe travel while enhancing the economic

vitality of the region. The KY 536 Scoping Study is underway to identify improvements

for a 6.5 mile segment from KY 17 (Madison Pike) to Kenton/Campbell County line.

Study Area The study area for the KY 536 Scoping Study consists of the 6.5-mile segment of KY

536 between KY 17 (Madison Pike) and the Kenton/Campbell County Line (Figure 1).

Within the study area, KY536 is comprised of various local roadways including Harris

Pike; Taylor Mill Road (KY 16); Maverick Road; Staffordsburg Road; Visalia Road;

Decoursey Pike (KY 177); and Creektrace Road. This section of KY 536 is characterized

by fragmented connections, drastic elevation changes, poor sight lines and high crash

rates.

The study area extends one-mile on either side of the existing KY 536 roadway in order

to provide for a range of potential alternative solutions. The study area has a hilly terrain

between KY 17 (Madison Pike) and KY 16 (Taylor Mill Road), but a significant

elevation change from west of Steep Creek Road to KY 177 (Decoursey Pike). Between

KY 177 (Decoursey Pike) and the Licking River, the terrain is relatively flat.

In addition to the existing roadway system, one rail line travels through the study area.

The CSX rail line runs north-south, paralleling KY 177 (Decoursey Pike) west of the

Kenton/Campbell County line and the Licking River. This rail line bisects KY 536

(Creektrace Road), connecting southern Kenton County to Ohio.

Purpose of Report The purpose of this Red Flag Summary/Environmental Overview is to identify any major

environmental issues or concerns that may affect the planning, development and

implementation of transportation improvements in the study area. The information

presented is based on secondary sources supplemented by field review. This

environmental overview identifies existing conditions of threatened, endangered, or

special concern species; national wetland inventory areas; floodplains; soil

characteristics; land use; environmental justice; cultural resources; noise and air quality;

community resources; sites with potential hazardous materials concerns; potential

permits; and agency coordination.

KY 536 Scoping Study 2 Red Flag Summary/Environmental Overview

Figure 1. KY 536 Study Area

KY 536 Scoping Study 3 Red Flag Summary/Environmental Overview

Affected Environment

Land Use Existing Local and Regional Land Use Plans The KY 536 improvements have been identified as needed infrastructure improvements

in the following land use planning documents and studies:

Direction 2030: Your Voice. Your Choice (Kenton County Comprehensive

Plan) (2014). The Kenton County Planning Commission and Planning and

Development Services of Kenton County (PDS) staff created a long range

comprehensive plan for all of Kenton County. This plan includes

recommendations for mobility, land use, environment, economy, housing and

others. One of the main mobility goals of the plan is to “improve east/west

connectivity that links Boone, Kenton and Campbell counties.” Further, the plan

identified specific sections of the overall KY 536 corridor, including

reconstructing KY 536 from KY 17 (Madison Pike) to KY 16 (Taylor Mill Road)

and constructing a new connection from KY 16 to KY 177 (Decoursey Pike). A

goal identified in the plan is to enhance and expand the effectiveness of the

transportation system by promoting multimodal approaches. Recommendations

for mobility include using access management on roadways; improve safety and

facilities for cyclists and pedestrians; and improve safety along rural roads. Land

use recommendations note that land classified as agricultural and rural should be

maintained for low intensity uses.

2010 Boone County Comprehensive Plan (June 2012). The Boone County

Planning Commission oversaw the comprehensive planning process to plan to the

year 2035. The plan included recommendations for community policies, goals,

and objectives. This plan included the recommendations from the Boone County

Transportation Plan 2030 (November 2005). The transportation plan included a

recommendation for improving east-west mobility and extending connectivity

between the new Camp Ernst Road, I-71/75, and Dixie Highway by widening

KY 536 (Hathaway Road) from two to four lanes.

Campbell County Comprehensive Plan Update (2008). The Comprehensive

Plan Update, from the 2000 plan, was done to direct and manage development

and preservation of significant resources. Campbell County is currently in the

process of updating the comprehensive plan. The KY 536 extension from US 27

to KY 9/AA Highway is listed as programmed in this plan.

Independence Community Small Area Study (July 2007). The small area

study was conducted to create a vision and land use plan for the community after

experiencing rapid growth from the “new” KY 17. The desire was to revitalize

the historic downtown. Future land use plans include mixed use and single family

residential on KY 536 east of KY 17. The plan does note that the intersection of

KY 17 and KY 536 needs to balance access needs for commercial areas with

capacity. Recommended transportation improvements also included KY 536 as a

primary bikeway.

Independence Zoning Update (2012). The zoning update was developed to

implement the recommended land use plan in the Independence Community

KY 536 Scoping Study 4 Red Flag Summary/Environmental Overview

Small Area Study. Three new zoning districts were adopted in downtown

Independence.

City of Alexandria 2004 Comprehensive Plan. The transportation section of

this plan was based on the OKI 2030 Regional Transportation Plan. The City of

Alexandria identified the need to complete the extension of KY 536.

Reconstruction of KY 536 from KY 177 to Pond Creek was not programmed but

identified as a high priority and Pond Creek to KY 915 was identified as a

medium priority.

South Kenton County Land Use Preferences Survey (April 2014). The

southern portion of Kenton County is generally considered the areas south of KY

16 (Taylor Mill Road) and unincorporated areas east of Marshall Road and KY

17. Conducted by PDS, the survey results indicated that households in southern

Kenton County have a desire to maintain the rural and agricultural character in

the area.

Existing Land Use This portion of the study area is partially within the City of Independence. Land use in

the study area is a mix of residential, agricultural, and commercial uses (Figure 2). West

of KY 16 (Taylor Mill Road), land use is characterized as urban with low density, single-

family residential. There are houses present of various ages, with some in established

subdivisions and others scattered in the countryside. Commercial structures are centered

within Independence, near KY 17, and through the study area at the intersections of

roadways. The commercial facilities include gas stations, convenience stores, restaurants,

and shopping centers. The eastern portion of the study area is characterized as rural, with

low density single-family residences on lots larger than one acre. In addition to

residential uses, the study area includes undeveloped land and agricultural land. There are

no industrial sites in the study area.

Table 1 lists the existing land use within the study area (one-mile on each side of existing

KY 536). Land use for the study area was obtained from Kenton County and Campbell

County parcel data and analyzed using GIS. As shown in Table 1, the majority of the

study area is residential (38.9 percent) and agricultural (37.3 percent) land use.

Table 1. Existing Land Uses in the Study Area

Land Use Acres in Study Area Percentage of Study Area

Residential 4,273 38.9

Agricultural 4,099 37.3

Undeveloped Land 1,911 17.4

Institutional 395 3.6

Other 176 1.6

Commercial 71 0.7

Parks/Open Space 28 0.3

Transportation Rights of Way 21 0.2

Unknown 4 0.04

KY 536 Scoping Study 5 Red Flag Summary/Environmental Overview

Figure 2. Existing Land Uses

KY 536 Scoping Study 6 Red Flag Summary/Environmental Overview

Future Land Use Future land uses within the study area are documented in several of the plans noted in the

previous section. According to the Kenton County Comprehensive Plan, Direction 2030,

recommended future (2030) land use in the study area would largely remain rural and

agricultural east of KY 16 (Figure 3). West of KY 16, residential areas would generally

be in the same locations as the existing single-family, low-density land use. Within

Independence, recommended future land uses identified in the Independence Community

Small Area Study include mixed-uses and some higher density residential development

near KY 17.

The portion of Campbell County within the study area has future land use identified in

the Campbell County Comprehensive Plan as East/West Gateway along KY 536.

The land uses along KY 536 would be mixed use or rural commercial. The area was also

identified in the 2008 Campbell County Comprehensive Plan as part of a future urban

service boundary. The urban service boundary area would include all services such as

sewer, water, and urban road improvements. This area is where development would be

focused. The preservation of greenspace is also encouraged.

Farmland Prime farmland is a designation by the U.S. Department of Agriculture (USDA) which

identifies land which has the best combination of physical and chemical characteristics

for producing food, feed, forage, fiber, and oilseed crops. According to the USDA,

Natural Resources Conservation Service (NRCS) Soil Survey, the study area contains

2,181 acres of Prime Farmland (Figure 4). The Farmland of Statewide Importance,

defined by the NRCS as nearly Prime Farmland which could economically produce high

yields of crops when treated and managed according to acceptable farming methods,

were also found within the study area and identified.

The Commonwealth of Kentucky Department for Natural Resources, Energy and

Environment Cabinet, Division of Conservation has identified nine Agricultural Districts

within or partially within the study area. Agricultural District designation protects the

Commonwealth’s best agricultural land for food and fiber production and prevents its

conversion to nonagricultural usage without mitigation.

Federal Lands Utilizing the secondary sources of the Department of Interior, Department of Agriculture,

U.S. Department of Defense, U.S. Army Corps of Engineers, and Tennessee Valley

Authority, no federal lands were identified within the study area.

KY 536 Scoping Study 7 Red Flag Summary/Environmental Overview

Figure 3. Recommended Land Use

Source: Direction 2030, PDS, 2014

KY 536 Scoping Study 8 Red Flag Summary/Environmental Overview

Figure 4. Prime Farmland

KY 536 Scoping Study 9 Red Flag Summary/Environmental Overview

Human Environment Socioeconomic Conditions Population Trends

The estimated population of Kenton County in 2013 was 163,145, an increase of 2.1

percent since the 2010 Census of 159,721. This growth rate is in excess of the statewide

1.3 percent population growth from 2010 to 2013. Between the 2000 and the 2010 census,

the population increased from 151,464 to 159,721, an increase of 5.45 percent. The

majority of growth has been focused in Independence, which serves as a bedroom

community for Cincinnati, Ohio (Figure 5).

Employment Trends

The September 2014 unemployment rate for Kenton County was 5.3 percent. The net

change in employment from September 2013 to September 2014 showed a 1.7 percent

decrease in Kenton County. This is the midrange for the counties of the vicinity. The

Kenton County labor force participation rate is 68.3 percent which is high for the region.

The U.S. labor force participation is 64.4 percent and the Commonwealth of Kentucky is

60.3 percent. The labor force participation rate is the percentage of people employed or

actively looking for work for their age range.

Community Facilities

Community facilities are concentrated in the western portion of the study area in

Independence. Community facilities in the study area include: schools, parks and

recreation areas, churches, police station, fire station, and governmental offices. Names

of community facilities are listed in Table 2. Locations of community facilities within the

study area are shown on Figure 6. Planned bicycle routes and regional trails connectors

are also shown as part of the community facilities.

Table 2. Community Facilities

Facility Address/Location Type

Independence Senior and

Community Center

2001 Jack Woods Parkway Community Center

Kenton County Cooperative

Extension

10990 Marshall Road Community

Education Center

Memorial Park Delaware Crossing Park

Independence Park Hartland Boulevard Park

Kenton County Youth Sports

Baseball Complex

4790 Oliver Road Recreation

Kenton County YMCA 10987 Marshall Road Recreation

Kenton County Fairgrounds 2836 Harris Pike Recreation

Simon Kenton High School 11132 Madison Pike School

Summit View Middle School 5002 Madison Pike School

Twenhofel Middle School 11846 Taylor Mill Road School

Kenton Elementary School 11246 Madison Pike School

Summit View Elementary

School

5006 Madison Pike School

Taylor Mill Elementary

School

5907 Taylor Mill Road School

KY 536 Scoping Study 10 Red Flag Summary/Environmental Overview

Facility Address/Location Type

White’s Tower Elementary

School

2977 Harris Pike School

Independence Police

Department

5409 Madison Pike Police

Kenton County Police

Department

11777 Madison Pike Police

Independence Fire District

Station 1

1980 Delaware Crossing Fire

Independence Fire District

Station 2*

740 Cox Road Fire

Kenton Fire and EMS* 14081 Decoursey Pike Fire and EMS

St. Cecilia Church and School 5313 Madison Pike Church

First Baptist Church 11659 Madison Pike Church

Staffordsburg United

Methodist Church

11815 Staffordsburg Road Church

Visalia Baptist Church 12062 Vises Trail Church

Community Bible Church 1632 Shaw Pike Church

City of Independence

Municipal Offices

5409 Madison Pike Government Office

* Note: Independence Fire District Station 2 and Kenton Fire and EMS are physically located outside of the

study area, however they provide services to locations within the study area.

KY 536 Scoping Study 11 Red Flag Summary/Environmental Overview

Figure 5. Population Density

KY 536 Scoping Study 12 Red Flag Summary/Environmental Overview

Figure 6. Community Facilities

KY 536 Scoping Study 13 Red Flag Summary/Environmental Overview

The nearest public library is the Kenton Public Library – William Durr Branch on Walton

Nicholson Road, just south of the study area. No hospitals are within the study area. The

Express Care Independence by St. Elizabeth Physicians is just beyond the northern edge

of the study area off of KY 17.

Cemeteries Utilizing aerial photographs, internet resources, topographic maps, and information

gathered during field investigations, the following cemeteries were identified within the

study area; St. Cecilia Cemetery, Independence Cemetery, Hoffman Cemetery, Adams

Cemetery, and Simmons Cemetery. Each of these cemeteries was field verified. The

McCollum Cemetery (also known as Riggs-McCollum-Grizzel Cemetery) was identified

through secondary sources, however there are no headstones or grave markers indicating

that the cemetery exists at the identified location.

Environmental Justice Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations, February 11, 1998) requires Federal agencies

to identify and address disproportionately high and adverse human health and

environmental effects of their programs, policies and activities on minority and low-

income populations within the United States. U.S. Census block groups were used to

identify target areas following the guidelines in the Ohio-Kentucky-Indiana Regional

Council of Governments Participation Plan. American Community Survey 2008-2012

Five Year Estimate tables for environmental justice and disadvantaged populations were

reviewed to determine populations for each group. For this project, a block group was

identified as a target area if the population of a group exceeded the regional threshold and

the target population was equal to or greater than 250. The 2010 regional averages noted

in the Ohio-Kentucky-Indiana Regional Council of Governments Participation Plan are

the following:

Minority populations - 19.4 percent;

Low income populations - 12.1 percent;

Elderly - 12.1 percent;

Disabled - 15.69 percent; and,

Zero-car - 8.5 percent.

There are eight census tracts and 11 block groups that are at least partially within the KY

536 study area. Table 3 lists the percentages of environmental justice and disadvantaged

populations by census tract and block group in the study area. Figure 7 and Figure 8 show

the areas with populations that exceed regional thresholds and have a target population

equal to or greater than 250.

KY 536 Scoping Study 14 Red Flag Summary/Environmental Overview

Table 3. Disadvantaged Populations by Census Boundary

Census

Tracts

Block

Group

Minority Poverty Over 60 Disability Zero-Car

Household

636.05 2 9.4% 2.0% 7.1% 10.7% 1.9%

636.05 4 0.0% 11.0% 27.8% 17.1% 1.6%

636.06 2 0.7% 10.1% 20.2% 9.4% 1.1%

637.02 1 3.5% 11.3% 15.9% 7.5% 6.1%

637.02 2 1.4% 16.4% 16.0% 21.6% 6.7%

658 2 0.7% 3.9% 24.3% 8.3% 6.5%

659 1 2.2% 25.9% 17.6% 15.5% 1.7%

659 2 3.5% 3.2% 31.7% 17.6% 4.3%

519.03 5 2.8% 3.9% 24.8% 0.0% 0.0%

519.04 3 3.4% 9.6% 19.3% 11.0% 1.8%

520.01 1 6.9% 23.4% 10.3% 13.7% 2.0%

Regional Threshold 19.4 12.1 12.1 15.9 8.5 Source: U.S. Census Bureau, American Community Survey 5-Year Estimate (2008 – 2012)

Note: Block groups highlighted in yellow exceed the regional threshold AND have a target population equal

to or greater than 250. Block groups highlighted in green exceed the regional threshold but have a target

population less than 250.

There are no block groups with a minority population above the threshold for the

region or concentrated in the study area.

Two of the block groups exceed the regional threshold and have more than 250

people living with poverty status. Additionally, one block group exceeds the

regional threshold but has a population less than 250 people with poverty status.

In terms of a population over 60 years old, five of the block groups exceed the

regional threshold and have a target population greater than 250 people. These

five block groups show that there are target areas for elderly populations in the

study area. Four additional block groups exceed the regional threshold, however

the total population within those block groups are less than 250 people.

Three block groups exceed the regional threshold for disabled populations,

however none of these block groups have a target population equal to or greater

than 250 people. Therefore, no block groups are considered to be target areas for

disability populations.

There are no block groups with zero-car household concentrations in the study

area.

Based on this analysis, there is a potential for disproportionate impacts to environmental

justice groups. The next phase of the planning process will evaluate any specific impacts

to any environmental justice group or disadvantaged population. Further details on

environmental justice in the study area are included in Appendix A.

KY 536 Scoping Study 15 Red Flag Summary/Environmental Overview

Figure 7. Environmental Justice – Poverty

KY 536 Scoping Study 16 Red Flag Summary/Environmental Overview

Figure 8. Environmental Justice – Elderly Population

KY 536 Scoping Study 17 Red Flag Summary/Environmental Overview

Relocations and Displacements 5,347 structures were identified within the study area. Assuming the number of potential

displacements is based on density, displacements would be more likely to occur in the

western portion of the study area, which is more developed. Within the central portion of

the study area, the buildings are concentrated along the current path of KY 536. Most of

this portion of the study area is undeveloped due to topography. The eastern section has a

concentration of residences and commercial buildings around the town of Visalia but is

otherwise sparsely populated. Potential relocations and displacements will be identified

as alternatives are developed.

Cultural and Historic Resources There are no sites, features, or districts currently listed as National Historic Landmarks or

included on the National Registry of Historic Places within the study area. Information

regarding the age of structures within Campbell County was researched through the

publicly available parcel data through the Campbell County Assessors’ Office. There

were multiple structures identified within the study area which exceed 50 years in age.

Information regarding the age of structures in Kenton County was not readily and

publicly available.

Natural Environment Aquatic Multiple aquatic resources were identified within the project area, including Brushy Fork,

Fowler Creek, Decoursey Creek, Bowman Creek, Steep Creek, and Licking River. In

addition, there were multiple ponds and wetland areas identified on the U.S. Fish and

Wildlife Service (USFWS), National Wetland Inventory (NWI) map. The study area is

fully within the Licking River watershed.

Bowman Creek is classified as an Outstanding State Resource Water as well as an

Exceptional Water; however, those classifications are only applicable to areas outside the

study area. The Licking River is classified as an Outstanding State Resource Water by the

Kentucky Energy and Environment Cabinet, Division of Water from the KY 536 bridge

south. In addition, this area is listed as a habitat for the Fanshell mussel (Cyprogenia

stegaria), a federally endangered mussel.

Landscape The study area shows a typical landscape for the region, mostly broad-leaved deciduous

forest covering hilly terrain. The topography is characterized by irregular, steep-sided

hills and sinuous ridges separated by angular, closely-spaced, narrow valleys. No critical

habitat was identified in the area. Critical habitat is a geographic area that has features

essential for the conservation of threatened and endangered species.

Streams and Surface Waters Transportation projects that impact rivers and/or streams require a permit or combination

of permits. Permits are discussed in greater detail in a later section. The study area is

located within the Licking River Basin which is comprised of 9,621 stream miles (Figure

9).

KY 536 Scoping Study 18 Red Flag Summary/Environmental Overview

Figure 9. Environmental Constraints

KY 536 Scoping Study 19 Red Flag Summary/Environmental Overview

The following perennial streams and river were found in the study area:

Licking River, Fowler Creek and several intermittent tributaries

Decoursey Creek, Steep Creek and several tributaries, including an unnamed

tributary of Bowman Creek.

A perennial stream is one that holds water throughout the year, except during periods of

drought. No other intermittent or ephemeral streams are located in the study area.

The portion of the Licking River within the study area is designated as an outstanding

state resource water, which may include the federally endangered fanshell mussel

(Cyprogenia stegaria). No additional rivers, streams, or lakes within the study area were

listed by the Kentucky Division of Water as special use waters.

Water Quality As noted previously, the study area lies within the Licking River watershed. The

Kentucky Department for Natural Resources, Division of Water, identifies the Licking

River as a Primary Contact Recreation Water. This classification provides protection to

rivers where there are activities where people can get into the water. The Licking River is

also identified as a blueway for paddle watercraft in the Licking River Greenway Master

Plan (2008). In addition, the portion of the Licking River within the study area is

designated as an outstanding state resource water which may include habitat of federally

threatened or endangered species.

Wetlands The U.S. Fish and Wildlife Service National Wetland Inventory identified 216 wetlands

within or partially within the study area (Figure 9). These wetlands are mostly freshwater

ponds with some freshwater emergent wetlands and a few freshwater forested/shrub

wetlands. The Licking River riparian zone is classified as a wetland throughout the entire

study area. Transportation projects that impact wetlands require a permit or combination

of permits.

Three hydric soils are found within the study area based on Natural Resources

Conservation Service soil survey maps and available hydric soil GIS layers. These soils

would be investigated for wetlands during the NEPA and design phase of a transportation

project:

Lawrence Silt Loam (Lc), zero to four percent slopes (comprise three percent of

study area)

Newark Silt Loam (Nk), zero to two percent slopes, occasionally flooded

(comprise two percent of study area)

Nolin Silt Loam (No), zero to two percent slopes, occasionally flooded (comprise

one percent of study area)

Threatened and Endangered Species According to the U.S. Fish and Wildlife Service (USFWS), there is no critical habitat in

the study area. Critical habitat is a geographic area that has features essential for the

KY 536 Scoping Study 20 Red Flag Summary/Environmental Overview

conservation of threatened and endangered species. The area may require special

management and protection. The USFWS, Kentucky Ecological Services Field Office

publishes a listing of the endangered, threatened, proposed, and candidate species in each

county within the Commonwealth of Kentucky. These protected species are a plant or

animal that is protected by law and needs special management. The latest document

published in November 2013 includes the protected species for Kenton and Campbell

counties (Table 4).

Table 4. Endangered Species in Kenton and Campbell Counties

Group Species Common Name Legal

Status

Known

Potential* Mammals Myotis sodalis Indiana Bat Endangered P

Myotis spetentrionalis Northern Long-Eared

Bat

Proposed P

Mussels Pleurobema clava Clubshell Endangered K

Cyprogenia stegaria Fanshell Endangered K

Plethobasus cooperianus Orangefoot Pimpleback Endangered K

Lampsilis abrupta Pink Musket Endangered K

Obovaria retusa Ring Pink Endangered K

Pleurobema plenum Rough Pigtoe Endangered K

Epioblasma torulosa

rangiana

Northern Riffleshell Endangered P

Plethobasus cyphyus Sheepnose Endangered P

Plants Trifolium stoloniferum Running Buffalo Clover Endangered K

Amphibian Cryptobranchus alleganiensis

alleganiensis

Eastern Hellbender Endangered K

* K=Known occurrence record within the county

P=Potential for the species to occur within the county based upon historic range, proximity to

known occurrence records, biological and physiographic characteristics

The Kentucky State Nature Preserves Commission identified protected species in Kenton

and Campbell counties in August 2014 (Table 5). The full listing of species is included in

Appendix B. Of these, Fanshell (Cyprogenia stegaria) is listed by the Kentucky

Department of Natural Resources, Energy and Environment Cabinet, Division of Water

as occurring in the Licking River south of KY 536.

Table 5. Protected Species Identified in Kenton and Campbell Counties

Species Kenton County Campbell County

Federally Endangered 17 16

Federally Threatened 1 1

State Endangered 21 20

State Threatened 7 10

Groundwater As reported by the Kentucky Geological Survey, the Ohio River alluvium is the best

source of ground water in Kenton County. This water is reported to be of good quality,

although the water ranges from hard to very hard. Specifically, within the Licking River

valley, most drilled wells produce enough water for a domestic supply at well depths of

less than 100 feet. Thirty wells were identified within the study area: 11 domestic, four

KY 536 Scoping Study 21 Red Flag Summary/Environmental Overview

agricultural, nine monitoring, and six plugged wells. Exact locations of the identified

wells will be investigated to mitigate for the possible impacts to these water sources.

In addition, the study area is underlain by karst topography. Ground water in karst

regions is particularly susceptible to contamination since water moves quickly into the

subsurface through discrete locations. This rapid migration of water into the subsurface

does not provide for the natural filtering of contaminants by the soils and rock prior to the

arrival of the ground water to the aquifer. No sinkholes or springs were identified within

the study area by the Kentucky Geological Survey Kentucky Geologic Map Information

Service. However, care should be taken to protect any karst features from sedimentation

and potential contamination when construction occurs.

Floodplains Floodplains were identified within the study area utilizing the Federal Emergency

Management Agency (FEMA) Flood Insurance Rate Map. The 100-year floodplain is

located in the study area and centered on the Licking River and various creeks (Figure 9).

Consultation with a local floodplain coordinator would be needed during the design phase

of the project should transportation improvements cross the 100-year floodplain. A

floodplain permit would also be needed when crossing a floodplain.

Developmentally Sensitive Areas Developmentally sensitive areas are those that could have potential issues that would

need to be addressed prior, during, or after construction. Potential issues could include

steep slopes, sensitive geology, and soils prone to flooding. Developmentally sensitive

areas are concentrated in the eastern portion of the study area, east of KY 16/Taylor Mill

Road and KY 2044/Marshall Road.

Air Quality Air pollution is a general term that refers to one or more chemical substances that

degrade the quality of the atmosphere. Individual air pollutants degrade the atmosphere

by reducing visibility, damaging property, reducing the productivity or vigor of crops or

natural property, and negatively impacting human or animal health. As of 2014, the study

area is within attainment for carbon monoxide. Lead and sulfur dioxide are no longer

identified as mobile source concerns since tetraethyl lead was banned as a fuel additive.

Nitrogen Dioxide is a transportation-related pollutant and has been included in the

regulations of nitrous oxides. Kenton and Campbell counties are within attainment for

nitrogen dioxide.

Ozone is also a transportation-related pollutant and portions of Boone, Kenton and

Campbell counties are marginal nonattainment for the 2008 ozone standard with a

maintenance plan.

Portions of Boone, Kenton and Campbell counties are nonattainment for the 2012 PM2.5

(particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers)

annual standard as designated by U.S. Environmental Protection Agency (EPA) in

December 2014. Boone, Kenton and Campbell counties are in attainment for the PM10

(particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers)

standard.

KY 536 Scoping Study 22 Red Flag Summary/Environmental Overview

Noise Construction of roads on a new location or the alteration of an existing road typically

changes noise levels in an area. Areas that would be sensitive to noise impacts from

roadway improvements are community facilities (i.e. hospitals, libraries, schools, parks,

cemeteries, churches) and residential developments within the study area. These facilities

are listed in Table 6 and shown on Figure 2 and Figure 6.

To determine if highway noise levels are compatible with various land uses, the Federal

Highway Administration has developed noise abatement criteria and procedures to be

used in the planning and design of roadways. The criteria and procedures were developed

to minimize potential adverse noise impacts on communities. When a traffic noise impact

occurs, noise abatement measures must be considered. A noise abatement measure is any

positive action taken to reduce the impact of traffic noise on an area.

Table 6. Potential Sensitive Noise Receptors

Feature Street Address Sensitive Receptor

Simon Kenton High School 11132 Madison Pike School

Summit View Middle School 5002 Madison Pike School

Twenhofel Middle School 11846 Taylor Mill Road School

Kenton Elementary School 11246 Madison Pike School

Summit View Elementary

School

5006 Madison Pike School

Taylor Mill Elementary School 5907 Taylor Mill Road School

White’s Tower Elementary

School

2977 Harris Pike School

Independence Cemetery N/A Cemetery

Hoffman Cemetery N/A Cemetery

Adams Cemetery N/A Cemetery

Simmons Cemetery N/A Cemetery

St. Cecilia Church 5313 Madison Pike Church and Cemetery

Community Family Church 11875 Madison Pike Church

Independence Christian Church 5221 Madison Pike Church

Memorial Park Delaware Crossing Park

Kenton County YMCA 10987 Marshall Road Recreational

Kenton County Fairgrounds 2836 Harris Pike Recreational

Independence Park Hartland Boulevard Neighborhood Park

Kenton County Youth Sports

Baseball Complex

4790 Oliver Road Baseball Fields

Hazardous Materials The Kentucky Division of Waste Management and the Kentucky Underground Storage

Tank Division provided information of known hazardous materials concerns within the

study area (Figure 9). These known concerns are listed in Table 7. In addition, 33

registered underground storage tanks (USTs) are located in the study area.

KY 536 Scoping Study 23 Red Flag Summary/Environmental Overview

Table 7. Sites with Hazardous Materials Concerns

Type Name Address Concern Retail Visalia Market 11525 Decoursey Pike

Covington, KY 41015

Underground Storage

Tanks

Retail Standard Oil Station KY 177

Covington, KY 41015

Removal of

Underground Storage

Tanks on 4/4/2003

Waste Water

Treatment Plant

White’s Tower Elementary 2977 Harris Pike

Independence, KY 41051

Not identified

Waste Water

Treatment Plant

All Creatures Great and

Small Veterinary Clinic

11515 Taylor Mill Road

Independence, KY 41051

Not identified

Asbestos

Investigation

Community Christian

Academy

11875 Taylor Mill Road

Independence, KY 41051

Asbestos

Open Dump Site Kentucky Certified Clean

County Program Dump #3

KY 536 Clean 8/19/2009

Open Dump Site Kentucky Certified Clean

County Program Dump #3

KY 177 Clean 9/9/2009

Waste Water

Treatment Plant

Visalia Elementary School

and Subdivision

4041 Visalia Road

Covington, KY 41015

Not identified

Open Dump Site Charles Hon Property Bethel Grove Road Clean 7/25/2005

Waste Water

Treatment Plant

William Shipman Residence KY 536 Not identified

Waste Water

Treatment Plant

S. Paul Washnock

Residence

KY 536 Not identified

Solid Waste

Investigation

Direct Sales (Tire

Wholesales)

KY 536 Investigation closed

10/4/2004

Section 4(f)/Section 6(f) Section 4(f) Section 4(f) properties are defined by 23 USC 138 and the Section 4(f) Policy Paper as

“any publically owned land from a public park, recreation area, of wildlife and waterfowl

refuge of national, state, or local significance as determined by the federal, state, or local

officials having jurisdiction thereof, or any land from a historic site of national, state, or

local significance as so determined by such officials”. Section 4(f) resources cannot be

used unless there is no feasible and prudent alternative use of the land and the action

includes all possible planning to minimize harm to the property.

Through research using aerial photographs, topographic maps, internet resources, and the

field review, no wildlife and waterfowl preserves were identified within the study area.

There were no historic features listed on the National Register of Historic Places

identified within the study area; however further investigation, conducted by a qualified

historian, would be warranted due to the number of structures over 50 years old in the

study area to determine eligibility for the National Register of Historic Places. This level

of investigation would be conducted during the environmental and design phase of a

transportation project.

There are two publicly owned, publicly available parks, Memorial Park and

Independence Park, within the study area. Both of these parks are west of KY 17, north

of KY 536. No other Section 4(f) resources were identified in the study area.

KY 536 Scoping Study 24 Red Flag Summary/Environmental Overview

Section 6(f) Section 6(f) resources are lands that were purchased with or improved using funds from

the Land and Water Conservation Fund (LWCF). This fund was created through the Land

and Water Conservation Fund Act of 1965 to preserve, develop, and assure accessibility

to outdoor recreation resources, and to strengthen the health and vitality of the public.

These public recreation lands are to be maintained for public outdoor recreation use.

Section 6(f) of the Act prohibits the conversion of LWCF lands unless the National Park

Service approves substitution property of reasonably equivalent usefulness and location

and of at least equal fair market value.

There were no facilities listed on the National Parks Service LWCF Detailed Listing of

Grants by County which are within the study area.

Aesthetics The study area lies within an area approximately 11 miles south of the Ohio River. This

area is classified by the Kentucky Geological Survey as the “Outer Bluegrass Eco-

Region”, with mainly Ordovician age rocks exposed at the surface.

The study area shows a typical landscape for the region, mostly broad-leaved deciduous

forest covering hilly terrain. The topography is characterized by irregular, steep-sided

hills and sinuous ridges separated by angular, closely-spaced, narrow valleys. The tree

canopy in the study area has a concentration of large crown cover where there is a steeper

grade, notably in the western portion of the study area. The numerous small streams flow

into the Licking and Ohio Rivers. Elevation within the study area ranges from 490 feet

above sea level near the Licking River to a high of 925 feet above sea level near White’s

Tower, Kentucky (Figure 10).

There were no specific features identified as scenic resources or outstanding visual

conditions. No high quality or unique views were identified within the study area.

Permits As noted previously, transportation projects that impact rivers, streams and/or wetlands

require a permit or combination of permits. The permits are required in accordance with

state and federal laws and regulations. Permits that potentially will be required for KY

536 improvements include the following:

U.S. Army Corps of Engineers

404 Permit for Discharge of Dredged or Fill Material

Coast Guard

Coast Guard Bridge Permit

Kentucky Division of Water

Kentucky Pollutant Discharge Elimination System (KPDES) Permit

Notice of Intent

Stormwater Pollution Prevention Plan

Notice of Termination

KY 536 Scoping Study 25 Red Flag Summary/Environmental Overview

Figure 10. KY 536 Study Area Topography

KY 536 Scoping Study 26 Red Flag Summary/Environmental Overview

Ground Water Protection Plan

401 Water Quality Certification

Floodplain Construction permit

Construction in a Floodway permit

Other environmental investigations or documents potentially needed are noted in

Appendix B.

Agency Coordination The Planning and Environmental Linkage (PEL) process, a specific product of

implementing the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A

Legacy for Users (SAFETEA-LU), seeks to develop sub-area and corridor studies that

can be used more directly to inform the National Environmental Policy Act (NEPA)

process. Moving Ahead for Progress in the 21st Century (MAP-21) continues this process

by promoting the acceleration of project delivery through the increased use of planning

and environment linkages. Effective, conceptual-level transportation planning studies that

follow the PEL process provide opportunities both to identify important issues of concern

early and to build the agency, stakeholder, and public understanding necessary to

successfully address them. Such early, integrated planning is not driven solely by

regulatory requirements and the quest for more efficient and effective processes, although

those are desirable results. Transportation and environmental professionals—as well as

those in metropolitan planning organizations, state and federal resource agencies, and

nongovernmental organizations—are finding that early collaboration helps achieve

broader transportation and environmental stewardship goals through better decisions

regarding programs, planning, and projects.

Coordination with federal, state, and local agencies occurs during the NEPA process.

Agency coordination is a request to resource agencies to provide information and

comment concerning the anticipated impacts of a proposed project. The goal is to give

those resource agencies an opportunity to comment on a project’s impacts early in the

design and environmental process and to identify potential pitfalls or fatal flaws in the

project or alternatives before significant resources have been committed. Agency

coordination is being identified during this KY 536 Scoping Study to better inform the

NEPA process. Agencies with whom to coordinate during the environmental and design

phase would potentially include:

U.S. Fish and Wildlife Service

U.S. Department of Agriculture, Natural Resources Conservation Service

U.S. Department of Agriculture, U.S. Forest Service

U.S. Department of the Interior, National Park Service

U.S. Federal Highway Administration

U.S. Department of Housing and Urban Development, Louisville Field Office

U.S. Environmental Protection Agency

U.S. Army Corps of Engineers, Louisville District

KY 536 Scoping Study 27 Red Flag Summary/Environmental Overview

Kentucky Geological Survey

Kentucky State Nature Preserves Commission

Kentucky Transportation Cabinet

District 6

Division of Environmental Analysis

Kentucky Department for Natural Resources, Energy and Environment Cabinet

Department for Environmental Protection

Department for Natural Resources

Division of Conservation

Kentucky Heritage Council

Independence/Kenton County Small Municipal Separate Storm Sewer Systems

(MS4)

KY 536 Scoping Study 28 Red Flag Summary/Environmental Overview

Conclusions

The environmental review identified existing conditions of threatened, endangered, or

special concern species; national wetland inventory areas; floodplains; soil

characteristics; land use; environmental justice; cultural resources; noise and air quality;

community resources; sites with potential hazardous materials concerns; potential

permits; and, agency coordination. The following potential issues and red flags were

noted in the study area from the environmental resource review:

The study area is split into an urban and rural distinction where the community

characteristics are different which may present different community desires.

The study area is mostly residential and agricultural with residences close to the

existing KY 536 right of way.

Environmental justice and disadvantaged populations are likely present with

concentrations of low-income and elderly populations in the study area.

Disability populations may also be a target group to note in the study area.

There are no sites, features, or districts currently listed as National Historic

Landmarks or included on the National Register of Historic Places within the

study area. Additional cultural resources investigations would need to be

conducted due to many features in the study area exceeding 50 years old to

determine eligibility on the National Register of Historic Places. This would be

conducted during the environmental and design phase of a transportation project.

The study area crosses 100-year floodplain zones, includes the Licking River and

Fowler Creek. A floodplain permit would also be needed when crossing a

floodplain.

The entire study area is within the Licking River watershed.

The study area is located within the Licking River Basin which is comprised of

9,621 stream miles. There are five perennial streams within the study area.

Several wetlands are scattered throughout the study area. Transportation projects

that impact wetlands require a permit or combination of permits.

According to the U.S. Fish and Wildlife Service (USFWS), there is no critical

habitat in the study area.

Prime farmland is scattered throughout the study area, but mostly concentrated in

the vicinity of the Licking River.

Thirty-three registered underground storage tanks (USTs) are located in the study

area.

KY 536 Scoping Study 29 Red Flag Summary/Environmental Overview

References

Access Genealogy. http://www.accessgenealogy.com/kentucky-genealogy. 2014.

City of Independence, Kentucky. Parks and Recreation.

http://www.cityofindependence.org/recreation/parks/. 2014.

Commonwealth of Kentucky, Department for Natural Resources, Energy and

Environment Cabinet, Division of Conservation

Commonwealth of Kentucky, Division of Waste Management.

http://waste.ky.gov/Pages/default.aspx. December 5, 2014.

Kentucky Department of Environmental Protection, Energy and Environment Cabinet

Division of Water. 2012 Integrated Water Quality Report. 2012.

Kentucky Environmental and Public Protection Cabinet. Kentucky Erosion Prevention

and Sediment Control Field Guide. 2011.

Kentucky Department of Environmental Protection, Energy and Environment Cabinet.

KY-Tempo Viewer Search, November 14, 2014.

Kentucky Geological Survey, University of Kentucky. Ground Water Resources of

Kenton County, Kentucky 2005.

Kentucky Geological Survey, University of Kentucky. Kentucky Groundwater Data

Repository, October 29, 2014.

Kentucky Geological Survey, University of Kentucky. Kentucky Geologic Map

Information Service. http://kgs.uky.edu/kgsmap/kgsgeoserver/viewer.asp.

Updated October 18, 2013.

Kentucky Historical Society, Cemetery Preservation. Kentucky Cemeteries Database.

http://kyhistory.org/cemetery.asp.

Kentucky State Nature Preserves Commission, County Report of Endangered,

Threatened, and Special Concern Plants, Animals, and Natural Communities of

Kentucky, August 2014.

Kentucky State Nature Preserves Commission. Kentucky Natural Heritage Database.

http://naturepreserves.ky.gov/data/Pages/default.aspx.

Kentucky Transportation Cabinet. Design Memorandum No. 10-05 Guidance Document

on Public Involvement, May 20, 2005.

Kentucky Transportation Cabinet. Environmental Analysis Guidance Manual, September

2014.

Kentucky Transportation Cabinet. Noise Analysis and Abatement Policy, July 13, 2011.

KY 536 Scoping Study 30 Red Flag Summary/Environmental Overview

Kenton County Public Library. GenKY – Northern Kentucky Local History Databases.

http://genealogy.kentonlibrary.org/genky/gendb.php

KYGenWeb Project. KY GenWeb – Kenton County. http://www.kygenweb.net/

Ohio-Kentucky-Indiana Regional Council of Governments . OKI Participation Plan,

November 2013.

Planning and Development Services of Kenton County. Direction 2030: Your Voice.

Your Choice. Kenton County Comprehensive Plan 2014.

http://direction2030.org/

Planning and Development Services of Kenton County. Geographic Information System

Data 2014.

Prindle, Margie. A History of Independence Kentucky, Located in the Center of Kenton

County 1992.

Shrewsberry and Associates. Field Reconnaissance, October 30, 2014.

Tenkotte, Paul A. and James C. Claypool. The Encyclopedia of Northern Kentucky 2009.

United States Census Bureau. American FactFinder 2014.

United States Census Bureau. Bureau of Labor Statistics 2014.

United States Department of Agriculture, Natural Resources Conservation Service. Web

Soil Survey. http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.

United States Department of the Interior, National Parks Service. Land and Water

Conservation Fund Detailed Listing of Grants by County, Kenton County,

Kentucky, November 25, 2014.

United States Department of the Interior, National Park Service. National Register of

Historic Places. http://www.nps.gov/nr/, accessed December 10, 2014.

United States Department of the Interior, National Park Service. National Historic

Landmarks Program, Listing of National Historic Landmarks by State, December

10, 2014.

United States Department of Homeland Security. FEMA Flood Map Service Center,

May 16, 2013.

United States Environmental Protection Agency. The Green Book Non-Attainment Areas

for Criteria Pollutants. http://www.epa.gov/airquality/greenbook/, viewed

December 8, 2014.

KY 536 Scoping Study 31 Red Flag Summary/Environmental Overview

United States Fish and Wildlife Service, Kentucky Ecological Services Field Office.

Endangered, Threatened, Proposed, and Candidate Species in Kenton County,

KY, November 2013.

United States Fish and Wildlife Service. National Wildlife Refuge System - Refuge

Locator Map. http://www.fws.gov/refuges/.

United States Fish and Wildlife Service. National Wetlands Inventory.

http://www.fws.gov/wetlands/NWI/index.html. Updated September 30, 2014.

United States Geological Survey. USGS Topographic Maps. http://www.usgs.gov/ 2014.

Vision 2015. Licking River Greenway Master Plan. December 2008.

Appendix A. Environmental Justice Analysis

Environmental Justice Analysis 1

Project MemorandumRe: KY 536 Scoping Study – Environmental Justice AnalysisDate: December 22, 2014

IntroductionThis Environmental Justice Report presents a review of socioeconomic characteristics inthe study area of the KY 536 Scoping Study related to environmental justice anddisadvantaged populations. This report is intended to identify areas of concern that maybe affected by potential projects proposed by the study and to meet federal requirementsregarding consideration of environmental issues as defined in the National EnvironmentalPolicy Act (NEPA). Data from the U.S. Census Bureau 2012 American CommunitySurvey (ACS) 5-year estimates has been utilized for the analysis of the study area. Pleasesee the ACS website for more information, data limitations, and an explanation of themethodology used to obtain the data (https://www.census.gov/acs/www/).

The information and results are intended to assist the Ohio Kentucky Indiana RegionalCouncil of Governments in making informed and prudent transportation decisions in thestudy area, especially with regard to the requirements of Executive Order 12898: FederalActions to Address Environmental Justice in Minority Populations and Low-IncomePopulations (signed February 11, 1994). Executive Order 12898 states:

“…each Federal agency shall make achieving environmental justice part of itsmission by identifying and addressing, as appropriate, disproportionately high andadverse human health or environmental effects of its programs, policies, andactivities on minority populations and low-income populations…”

This report outlines 2012 ACS 5-year estimates (ACS) for the study area using tables andmaps. Statistics are provided on minority, low-income, elderly, and disabled populationsand households without a vehicle for the block groups within the study area, KentonCounty, Kentucky and the United States.

Project DescriptionKY 536 in Northern Kentucky is a major east-west transportation corridor through Boone,Kenton, and Campbell counties. Efforts are underway to upgrade KY 536 as a modern,continuous corridor that will improve access, mobility and safe travel while enhancingthe economic vitality of the region. A Scoping Study (this project) is underway toidentify improvements for a 6.5 mile segment between KY 17 and the Kenton/CampbellCounty line.

The purpose of the Kenton KY 536 Scoping Study is to: be consistent with local planninginitiatives; provide system linkage along the existing east-west transportation corridor;correct existing geometric roadway deficiencies; improve safety; increase roadwaycapacity to improve the flow of traffic; and provide roadway improvements that willaccommodate economic development plans within the region.

Environmental Justice Analysis 2

Definition of Environmental JusticeThe U.S. EPA Office of Environmental Justice (EJ) defines EJ as: “The fair treatmentand meaningful involvement of all people regardless of race, color, national origin, orincome with respect to the development, implementation and enforcement ofenvironmental laws, regulations and policies. Fair treatment means that no group ofpeople, including racial, ethnic, or socio-economic groups should bear a disproportionateshare of the negative environmental consequences resulting from industrial, municipal,and commercial operations or the execution of federal, state, local and tribal programsand policies.”

While exact thresholds or benchmarks have not been established, and there is no furtherguidance on what “elevated” percentages of disadvantaged populations means, for thepurpose of this study “disproportionately high and adverse effect on a minority or low-income population” means an adverse effect that:

§ Is predominately borne by a minority population and/or low-income population,or

§ Will be suffered by the minority population and/or low-income population and isappreciably more severe or greater in magnitude than the adverse effect that willbe suffered by the non-minority population and/or non-low-income population.

Environmental Justice PopulationsUSDOT Order 5610.2 on EJ, issued in the April 15, 1997 Federal Register, defines whatconstitutes low-income and minority population.

Low-Income is defined as a person whose median household income is at or below theU.S. Department of Health and Human Services poverty guidelines.

Minority is defined as a person who is: (1) Black (a person having origins in any blackracial groups of Africa); (2) Hispanic (a person of Mexican, Puerto Rican, Cuban, Centralor South American, or other Spanish culture or origin, regardless of race); (3) AsianAmerican (a person having origins in any of the original peoples of the Far East,Southeast Asia, the Indian subcontinent, or the Pacific Islands); or (4) American Indianand Alaskan Native (a person having origins in any of the original people of NorthAmerica and who maintains cultural identification through tribal affiliation or communityrecognition).

Low-Income Population is defined as any readily identifiable group of low incomepersons who live in geographic proximity and, if circumstances warrant, geographicallydispersed/transient persons who will be similarly affected by a proposed DOT program,policy or activity.

Minority Population is defined as any readily identifiable group of minority persons wholive in geographic proximity and, if circumstances warrant, geographicallydispersed/transient persons who will be similarly affected by a proposed DOT program,policy or activity.

Environmental Justice Analysis 3

Disadvantaged PopulationsElderly and disabled populations are not specifically recognized under the definition ofan Environmental Justice community. However, the U.S. DOT specifically encouragesthe early examination of potential populations of the elderly, children, disabled, and otherpopulations protected by Title VI of the Civil Rights Act of 1964 and relatednondiscrimination statutes. Additionally, zero-car households are other populations thatwere examined.

MethodologyData for this review was collected by using the method outlined in the OKI Title IVProgram document and the OKI Participation Plan. The Participation Plan defines targetgroups and areas by using regional thresholds. The 2010 regional averages noted in theOKI Participation Plan are the following:

§ Minority populations is 19.4 percent;§ Low income populations is 12.1 percent;§ Elderly is 12.1 percent;§ Disabled is 15.69 percent; and§ Zero-car household is 8.5 percent.

The primary source of data for this report was assembled from the American CommunitySurvey 2008-2012 Five Year Estimate tables for environmental justice and disadvantagedpopulations. At the time of data collection, the 2008-2012 estimates are the most recentdata that were fully available at the block group level. The ACS tables used includeMinority - B03002; Elderly - S0101; Low Income - B17021; Zero-Car Household -B25044; and Disabled - C23023.

US Census block groups were used to identify target areas. For this project, a blockgroup was identified as a target area if the population of a group exceeded the regionalthreshold and the block group population was equal to or greater than 250.

Census Data Analysis and FindingsThere are eight census tracts and 11 block groups that are at least partially within the KY536 study area. Table 1 lists the percentages of each target group by census block group.

Environmental Justice Analysis 4

Table 1. Target Group Populations by Block GroupCensusTract

BlockGroup

Minority Poverty Over 60 Disability Zero-carHousehold

636.05 2 9.4% 2.0% 7.1% 10.7% 1.9%636.05 4 0.0% 11.0% 27.8% 17.1% 1.6%636.06 2 0.7% 10.1% 20.2% 9.4% 1.1%637.02 1 3.5% 11.3% 15.9% 7.5% 6.1%637.02 2 1.4% 16.4% 16.0% 21.6% 6.7%658 2 0.7% 3.9% 24.3% 8.3% 6.5%659 1 2.2% 25.9% 17.6% 15.5% 1.7%659 2 3.5% 3.2% 31.7% 17.6% 4.3%519.03 5 2.8% 3.9% 24.8% 0% 0.0%519.04 3 3.4% 9.6% 19.3% 11.0% 1.8%520.01 1 6.9% 23.4% 10.3% 13.7% 2.0%Regional Threshold 19.4 12.1 12.1 15.9 8.5

Source: American Community Survey 5-Year Estimate (2008 – 2012)Note: Block groups highlighted in yellow exceed the regional threshold AND have a target population equalto or greater than 250. Block groups highlighted in green exceed the regional threshold but have a targetpopulation less than 250.

No block groups have a minority population above the threshold for the region.

Two of the block groups exceed the regional threshold and have more than 250 people inpoverty status. Additionally, one block group exceeds the regional threshold but has apopulation less than 250 people with poverty status.

Five of the block groups exceed the regional threshold and have a target populationgreater than 250 people. These five block groups show that there are target areas forelderly populations in the study area. Also, four additional block groups exceed theregional threshold, however the total target population within those block groups are lessthan 250 people.

Three block groups exceed the regional threshold for disabled populations, however noneof these block groups have a target population equal to or greater than 250 people with adisability. Therefore, no block groups are considered to be target areas for disabilitypopulations. However, these populations will still be considered and accommodatedduring public involvement activities.

There are no block groups with zero-car household concentrations in the study area.

Conclusions§ EJ populations may be impacted by the improvements to KY 536 as data

collection shows potential concentrations of low-income, elderly, and disabledpopulations.

§ Public involvement efforts will be used to determine better where populations arelocated and the needs of these populations.

Environmental Justice Analysis 5

§ Potential effects, both positive and negative, would be identified in comparisonto non-target groups based on alternatives that are developed for the scopingstudy.

§ Potential impacts to environmental justice populations will be evaluated fordisproportionate and adverse effects.

Sources

US Census Bureau, 2014

American Community Survey 2008-2012 5-year estimates, 2014

Ohio Kentucky Indiana Regional Council of Governments. OKI Title VI Program.December 2013

Ohio Kentucky Indiana Regional Council of Governments . OKI Participation Plan.November 2013

Executive Order 12898: Federal Actions to Address Environmental Justice in MinorityPopulations and Low-Income Populations

Environmental Justice Analysis 6

Figure 1. Low Income Populations

Environmental Justice Analysis 7

Figure 2. Elderly Population

Appendix B. Environmental Resource Data

Collection Memorandums

YOUR VISION. OUR FOCUS.

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Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Nolan Hahn, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Aesthetics

Existing Conditions: The study area lies within Kenton County, Kentucky, between the towns of Independence and Visalia. This is approximately 7 miles south of the southern extent of the Cincinnati metropolitan area and approximately 11 miles south of the Ohio River. This area is classified as the “Outer Bluegrass Eco-Region”, with mainly Ordovician age rocks are exposed at the surface. The study area shows a typical landscape for the region, mostly broad-leaved deciduous forest covering hilly terrain. The topography is characterized by irregular, steep-sided hills and sinuous ridges separated by angular, closely-spaced, narrow valleys. The numerous small streams flow into the Licking and Ohio Rivers. Elevation within the study area ranges from 490 feet above sea level near the Licking River to a high of 925 ft. above sea level near White Tower, KY. The eastern section of the study area is within the Licking River floodplain. The existing KY 536 runs mainly east/west through the study area as a 2-lane roadway. The lanes are 12 to 14 ft. wide with 0 to 2 ft. usable shoulders. There are multiple paved county roads, ranging from 10 to 24 ft. wide, and a few gravel county roads, ranging from 8 to 14 ft. wide, within the study area. The existing streams and ditches are crossed by bridges and culverts, including a few private bridges and culverts providing private access to properties. The study area is mostly residential with scattered small farms. The portions of the study area within Independence and Visalia also include commercial properties; gas stations, restaurants, stores, nursery, schools, auto repair stores, and other types of commercial resources associated with small towns. Aesthetics: During the field reconnaissance, conducted by Shrewsberry & Associates, LLC on October 30, 2014, there were no specific features identified as scenic resources or outstanding visual conditions. No high quality or unique views were identified within the study area. Resources:

Aerial Photographs

Topographic Maps

+7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 (317)- 841-4799 FAX: (317 841-4790) www.shrewsusa.com

YOUR VISION. OUR FOCUS.

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Field Reconnaissance, October 30, 2014

Applicable GIS Layers:

Streets

Streams

Land Use

YOUR VISION. OUR FOCUS.

J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Agency Coordination.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Agency Coordination

Coordination with federal, state, and local agencies is required under 23 CFR 771.1111. It is a request to the resources agencies to provide information and comment concerning the anticipated impacts of the proposed project. The goal is to give those resource agencies an opportunity to comment on a project’s impacts early in the process and to identify potential pitfalls or fatal flaws in the project or alternatives before significant resources have been committed. Agencies with whom to coordinate:

U.S. Fish and Wildlife Service

U.S. Department of Agriculture, Natural Resources Conservation Service

U.S. Department of Agriculture, U.S. Forest Service

U.S. Department of the Interior, National Park Service

U.S. Federal Highway Administration

U.S. Department of Housing and Urban Development, Louisville Field Office

U.S. Environmental Protection Agency

U.S. Army Corps of Engineers, Louisville District

U.S. Department of Homeland Security, U.S. Coast Guard

CSX Railroad

Kentucky Geological Survey

Kentucky State Nature Preserves Commission

Kentucky Transportation Cabinet, District 6

Kentucky Transportation Cabinet, Central Office, Division of Environmental Analysis

Kentucky Transportation Cabinet, Department of Aviation

Kentucky Department for Natural Resources, Energy and Environment Cabinet, Department for Environmental Protection

Kentucky Department for Natural Resources, Energy and Environment Cabinet, Department for Natural Resources

Kentucky Department for Natural Resources, Energy and Environment Cabinet, Divion of Conservation

Ohio-Kentucky-Indiana Regional Council of Governments

State Historic Preservation Officer

7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 (317)- 841-4799 FAX: (317 841-4790) www.shrewsusa.com

YOUR VISION. OUR FOCUS.

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Advisory Council on Historic Preservation

Independence/Kenton County Small Municipal Separate Storm Sewer Systems (MS4) Communication should be aimed at providing information to the public as well as incorporating the view, concerns, and issues of the public into the transportation decision-making process. Involvement with the general public and public entities should occur early and often. Suggestions regarding coordination with various public organizations include:

South Kenton County Working Group

Kenton Conservancy

Kenton County Conservation District

Kenton County Extension Service

Kenton County Fire Chiefs’ Association

Kenton County Library

Kenton County Police

Kenton County Schools

Kentucky Transportation Cabinet

Northern Kentucky Area Development District

Planning and Development Services of Kenton County

Northern Kentucky Tri-ED

Northern Kentucky Water District

South Kenton County Citizens Group Resources:

Kentucky Transportation Cabinet, Guidance Document on Public Involvement, Design Memorandum No. 10-05 (issued May 20, 2005)

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Air Quality.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Air Quality

Major road projects proposed for federal funding must meet the Clean Air Act requirements (42 USC 7401 et. seq.). These conformity requirements ensure that the projects conform to the applicable State Implementation Plan, which documents the measures taken to attain the National Ambient Air Quality Standards (NAAQS). The U.S. Environmental Protection Agency (USEPA) set the NAAQS for six principle pollutants, called criteria pollutants. There are three designations for air quality conditions. Areas that current exceed the NAAQS for a criteria pollutant are designated as nonattainment; areas which were at one time designated as nonattainment but have since met the NAAQS for criteria pollutant are designated as maintenance areas; and areas that have never exceeded the NAAQS for any criteria pollutants are labeled as attainment areas. The criteria pollutants are as follows:

Carbon Monoxide (CO)

Lead (Pb)

Sulfur Dioxide (SO2)

Nitrogen Dioxide (NO2)

Ozone (O3)

Particulate Matter (PM2.5)

Particulate Matter (PM10)

Mobile Source Air Toxics (MSATs) As of 2014, the study area is within attainment for carbon monoxide. Lead and sulfur dioxide are no longer identified as mobile source concerns since tetraethyl lead was banned as a fuel additive. Kenton County is within attainment for lead and sulfur dioxide. Campbell County is in attainment for lead and nonattainment for sulfur dioxide. Nitrogen Dioxide is a transportation-related pollutant and has been included in the regulations of nitrous oxides. Kenton County and Campbell County are within attainment for nitrogen dioxide. Ozone is addressed regionally in the Kentucky Statewide Transportation Improvement Program (KSTIP). As of July 2, 2014, portions of Kenton County and all of Campbell County were

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identified as within marginal nonattainment with a maintenance plan. Kenton County and Campbell County are designated as within attainment for PM2.5 (particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) and PM 10

(particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers) The Clean Air Act identifies a large number of air toxics of which the USEPA identifies 21 as MSATs, set forth in a 2007 USEAP Final Rule, Control of Emissions of Hazardous Air Pollutants form Mobile Sources. Additional investigations would be warranted to determine if this project would increase the public’s expose to these substances. References:

USEPA Green Book, viewed December 8, 2014

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Aquatic and Terrestrial Resources.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Nolan Hahn, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Aquatic and Terrestrial Resources

Multiple aquatic resources were identified within the project area, including Brushy Fork, Fowler Creek, DeCoursey Creek, Bowman Creek, Steep Creek, and Licking River. In addition, there were multiple ponds and wetland areas identified on the U.S. Fish and Wildlife Service (USFWS), National Wetland Inventory (NWI) map. The study area is fully within the Licking River watershed. Bowman Creek is classified as an Outstanding State Resource Water as well as an Exceptional Water; however, those classifications are only applicable to areas outside the study area. Licking River, south of the SR 536 bridge, is classified as an Outstanding State Resource Water by the Kentucky Energy and Environment Cabinet, Division of Water. In addition, this area is listed as habitat for the Fanshell mussel (Cyprogenia stegaria), a federally endangered mussel. The study area shows a typical landscape for the region, mostly broad-leaved deciduous forest covering hilly terrain. The topography is characterized by irregular, steep-sided hills and sinuous ridges separated by angular, closely-spaced, narrow valleys. No critical habitat was identified in the area. Resources:

Kentucky Energy and Environment Cabinet, Division of Water, Integrated Report to Congress on the Condition of Water Resources in Kentucky, 2012

US Fish and Wildlife Service

Applicable GIS Layers:

NWI Wetlands

NWI Lines

Streams

Soils

Land Use

USFWS Critical Habitat Lines

USFWS Critical Habitat Polygons

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Cemeteries.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Cemeteries

Utilizing aerial photographs, historic aerial photographs, internet resources, topographic maps, and information gathered during the field investigation, the following cemeteries were identified within the study area; St. Cecilias Cemetery, Independence Cemetery, Hoffman Cemetery, McCollum Cemetery, Adams Cemetery, and Simmons Cemetery. Each was field verified except the McCollum Cemetery. There was no evidence of a cemetery within the area of the reported feature. St. Cecilias Cemetery is located adjacent to the St. Cecilias Church in Independence, 5313 Madison Pike, Independence, KY. According to the Find a Grave website, there are approximately 263 interments within the cemetery. This cemetery is an active feature. According to the church records, the cemetery property was purchased by the church in 1911 and burials began at that time. Independence Cemetery is located within the town of Independence, Madison Pike, Independence, KY. According to the website, Find a Grave, there are 3,650 interments within this cemetery. It is currently an active cemetery. The original 65-acres cemetery was incorporated into a non-profit organization in 1886. In 1996, Independence Cemetery purchased additional adjacent farmland, thus doubling the acreage of the cemetery. Hoffman Cemetery is located on Riggs Road, near Taylor Mill Road. According to the Find A Grave website, there are 16 interments, including:

James H. Casey, 1862 to 1886

John J Casey, 1937 to 1891

Lucy Ann Casey, 1876 to 1894

Elam D Grizzel, unkn to 10-21-1850

Solomon Grizzel

Mariah McCloud, 1805 to 5-17-1876

Elizabeth Anne Stephens McCollum, 11-19-1795 to 4-26-1840

John McCollum, 1-6-1793 to 7-18-1849

Andrew J. Monfort, 1827 to 2-18-1849

Claiborn L. Riggs, 2-8-1843 to 8-12-1864

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Elizabeth E. Riggs, 10-22-1844 to 8-11-1864

Eunice Riggs, 5-10-1811 to 3-2-1874

Hannah Collier Riggs, 11-9-1781 to 9-10-1849

Isaac Riggs, 8-7-1776 to 5-16-1853

Margaret Elizabeth Mann Riggs 1813 to 12-31-1848

Thomas Edwin Riggs, 10-13-1849 to 11-8-1871 The location of the McCollum Cemetery, on Steep Creek Road was not field verified. There were no features within the area which resembled a historic cemetery. The Adams Cemetery is located at the intersection of SR 536 and Brewster Lane. It is surrounded by a chain-link fence. There are approximately 17 headstones within the cemetery, of which about half have inscriptions, including the following:

Thomas J. Adams, 1859 to 1931

Minta I. Adams, 1860 to 1931

Clara Naomi Elmore, March 1932 to Sept 1932

Ethel May Adams, April 4, 1936 to April 25, 1936

George R. Casey 1869 to 1899 (stone with Ida Casey)

Ida M. Casey, 1870

Howard Eugene Adams, Feb 10, 1940

Lucy, wife of Wm. Adams, Sept 7, 1821 to Jan 13, 1881 (stone with Wm. Adams)

Wm. Adams, Jan 1, 1818 to Sept 28, 1888 (also on the same stone: o Ella, March 3, 1961 to Sept 12, 1864 o Louisa, Jan 19, 1846 to Sept 29, 1864 o Eliz, April 7, 1949 to March 22, 1869

Alfred, son of J.O. and M.J. Adams, March 1, 1975 to June , 1879 (stone is broken) Simmons Cemetery is located on the north side of SR 536 within the study area. It is reported to contain approximately 21 interments; however there are only approximately 14 stones. This location has also been known as the Fischer-Simmons Cemetery. The information from the stones include:

John James “JJ” Simmons, 5-19-1843 to 2-12-1902

William Thomas Simmons, 5-25-1873 to 2-11-1935

Mary Ann Simmons, 1-7-1870 to 9-10-1892

John G. Porter, 1885 to 1945

Laura Simmons Porter, 1884 to 1969

William T. Simmons, 1873 to 1935

Nancy Ann Simmons, 1850 to 1920

James Albert “Robert” Simmons, 1876 to 1955

Chester Floyd Simmons, Army – Korea, 1928 to 6-17-1989

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Cemeteries.doc

Lester L. Simmons, PVT-US Army, 12-4-1928 to 8-30-1997

Edward L. Simmons, WWII Vet, 3-15-1924 to 12-20-1988

Rosa M. Simmons Fischer, 1887 to 1970

Edward Fischer, 1876 to 1949

Leoda Carson, 1924 to 1950

Anna F. Fischer Thompson, 1905 to 1950

George Simmons, Sr., 1905 to 1961 Resources:

Kenton County KY GenWeb website

Access Genealogy website

Find a Grave website

Kenton County Public Library, GenKY – Northern Kentucky Local History Databases

Kentucky Historical Society, Kentucky Cemeteries Database

Applicable GIS Layers:

Cemeteries

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Cultural and Historic Resources.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Cultural and Historic Resources

There are no sites, features, or districts currently listed as National Historic Landmarks or included on the National Registry of Historic Places within Kenton County, Kentucky. Information regarding the age of structures within Campbell County was researched through the publically available parcel data through the Campbell County Assessors’ Office. There were multiple structures identified within the study area which exceed 50-years-old. Information regarding the age of structures in Kenton County was not accessible. Additional investigations should be conducted by a Qualified Historian to determine if features could be eligible for inclusion on the National Registry of Historic Places. Resources:

National Register of Historic Places, accessed December 10, 2014

National Park Service, National Historic Landmarks Program, Listing of National Historic Landmarks by State, accessed December 10, 2014

“A History of Independence Kentucky, Located in the Center of Kenton County” by Margie Prindle, 1992

“The Encyclopedia of Northern Kentucky” Paul A. Tenkotte and James C. Claypool, 2009 Applicable GIS Layers:

National Register of Historic Places

Cemeteries

Churches

Buildings Campbell County

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Farmlands.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Nolan Hahn, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Farmlands

The United States Congress passed the Agricultural and Food Act of 1981 which contained the Farmland Protection Policy Act. This Act is intended to minimize the impact federal programs have on the irreversible conversion of farmland to nonagricultural uses. It assures that, to the extent possible, federal programs are administered to be compatible with farmland protection measures implemented by the state and local units of government. Prime farmland is a designation by the U.S. Department of Agriculture (USDA) which identifies land which has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops. The study area is divided between the urbanized area surrounding Cincinnati and the remaining rural areas. According to the USDA, Natural Resources Conservation Service (NRCS), Soil Survey, the study area contains 2181 acres of Prime Farmland. The Farmland of Statewide Importance, defined by the NRCS as nearly Prime Farmland which could economically produce high yields of crops when treated and managed according to acceptable farming methods, were also found within the study area. The Commonwealth of Kentucky Department for Natural Resources, Energy and Environment Cabinet, Division of Conservation has identified nine Agricultural Districts within or partially within the study area. These districts have been identified to protect the Commonwealth’s best agricultural land for food and fiber production and to prevent its conversion to nonagricultural usage. These lands cannot be annexed, cannot be condemned without mitigation, is taxed at the agricultural rate, is eligible for deferred assessment costs when water lines are extended, and receives extra points when applying for Cost Share or to the Purchase of Agricultural Conservation Easements Program. Coordination should be undertaken with the USDA NRCS regarding the potential conversion of Prime Farmland and Farmland of Statewide Importance to a transportation use. In addition, coordination should be undertaken with the Division of Conservation regarding the Agricultural Districts identified within the study area.

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Resources:

USDA, NRCS, Web Soil Survey

Commonwealth of Kentucky, Department for Natural Resources, Energy and Environment Cabinet, Division of Conservation

Applicable GIS Layers:

Urbanized Area 2010

Prime Agricultural Soils

Agricultural Districts

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Federal Lands.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Nolan Hahn, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Federal Lands/State Lands/Local Lands

No federal lands were identified within the study area utilizing the resources listed below. Additional research was conducted utilizing the parcel map data to determine if state or local owned properties were within the study area. The following parcels were identified: PIDN Address Owner Name

084-10-00-030.00 4067 Visalia Road Board of Ed of the Kenton County School District

084-10-00-030.01 4069 Visalia Rd Board of Ed of the Kenton County School District

047-00-00-038.00 2863 Harris Pk Board of Education of Kenton Co

048-10-00-016.03 Oby Dr Commonwealth of KY

047-00-00-068.03 Oliver Rd Commonwealth of KY

047-00-00-068.04 Oliver Rd Commonwealth of KY

048-10-00-022.04 Madison Pk Commonwealth of KY 047-20-00-032.00 2071 Harris Pk Commonwealth of KY 034-30-01-059.00 17 Oby Dr Commonwealth of KY 048-10-00-030.00 11614 Water Tower Way Commonwealth of KY 047-00-00-012.02 Madison Pk Commonwealth of KY 048-10-00-002.00 11320 Madison Pk Commonwealth of KY 047-20-00-046.00 18 Sidney Dr Commonwealth of KY 047-10-00-087.00 25 Peach Dr City of Independence

033-30-02-005.01 Peach Dr City of Independence

047-10-00-086.00 27 Peach Dr City of Independence

047-00-01-011.01 2020 Hartland Blvd City of Independence

048-10-00-021.00 11515 Water Tower Way City of Independence

033-00-00-030.05 5417 Madison Pk Independence Fire Dist

061-10-00-254.00 724 Stephens Rd Kenton Conservancy Inc

084-10-00-007.00 11958 Bethel Grove Rd Kenton County Bd of Education

033-00-00-033.01 5547-A Madison Pk Kenton County Bd of Education

033-40-00-021.00 11096 Madison Pk Kenton County Bd of Education

048-00-00-138.00 11800 Taylor Mill Rd Kenton County Bd of Education

061-20-00-017.11 10970 Taylor Mill Rd Kenton County Cooperative, Extion District

061-20-00-017.02 10970 Marshall Rd Kenton County Cooperative, Extion District

061-20-00-017.01 10990 Marshall Rd Kenton County Cooperative, Extion District

061-20-00-017.12 10970-A Taylor Mill Rd Kenton County Cooperative, Extion District

047-00-00-039.00 2960 Wehrman Rd Kenton County Fair Board

033-20-00-011.00 1559 Independence Rd Kenton County Fiscal Court

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047-30-00-010.00 4931 Oliver Rd Kenton County Fiscal Court

048-00-00-102.00 11846 Taylor Mill Rd Kenton County School District Finance Corporation

047-00-00-040.00 2977 Harris Pk Kenton County School District Finance

047-20-00-041.06 Madison Pk Kenton County School District Board of Education

084-10-00-006.00 4030 Visalia Rd Kenton County School District Finance

033-00-00-033.00 11246 Madison Pk Kenton County School District Finance Corporation

033-00-00-032.00 11132 Madison Pk Kenton County School District Finance

084-10-00-060.00 4041 Visalia Rd Kenton County School District Finance

048-10-00-026.00 11574 Water Tower Way Kenton County Water Dist #1

033-00-00-031.00 11092 Madison Pk Kenton Cty Board of Education

034-30-01-040.00 66 Oby Dr Secretary for the Dept of Veterans Affairs

Resources:

Department of the Interior o Bureau of Land Management o U.S. Fish and Wildlife Service o National Park Service o Bureau of Indian Affairs o Bureau of Reclamation

Department of Agriculture o U.S. Forest Service

U.S. Department of Defence

U.S. Army Corps of Engineers

Tennessee Valley Authority

Applicable GIS Layers

Federal Lands

Parcel Map

Parks

Schools

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Floodplains.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Nolan Hahn, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Floodplains

Floodplains should be assessed to determinate if a proposed transportation project would encroach on the 100-year floodplain and whether those encroachments would be significant. A floodplain typically consists of a floodway, which is the channel of the waterbody which floods, and the fringe, which is the remainder of the backwater. The 100-year floodplain has a one-percent or greater probability of flooding within any given year. Floodplains were identified within the study area utilizing the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), including:

Fowler Creek o Zone X

Licking River o Zone AE

As defined by FEMA, Zone X denotes areas of moderate or minimal hazard subject to flooding from severe storm activity or local drainage problems. Zone AE includes areas subject to inundation by the one-percent annual chance flood event determined by the FEMA methods and are designated as Special Flood Hazard Areas. Resources: U.S. Department of Homeland Security, FEMA map, effective May 16, 2013.

o 21117C0066F o 21117C0067E o 21117C0090F o 21117C0089F o 21117C0087F o 21037C0087E

Applicable GIS Layers:

Floodplains

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Ground Water Resources.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Nolan Hahn, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Groundwater Resources

As reported by the Kentucky Geological Survey, the Ohio River alluvium is the best source of ground water in Kenton County. Water is reported to be of good quality, although the water ranges from hard to very hard. Specifically, within the Licking River valley, most drilled wells would produce enough water for a domestic supply at well depths of less than 100 ft. 30 wells were identified within the study area, 11 domestic, 4 agricultural, 9 monitoring, and 6 plugged wells. Exact locations of the identified wells should be investigated to mitigate for the possible impacts to these water sources. The study area is within the Licking River watershed. Therefore, care should be taken to protect the quality of the ground water of the area. In addition, the study area is underlain by karst topography. Ground water in karst regions is particularly susceptible to contamination since water moves quickly into the subsurface through discrete locations. This rapid migration of water into the subsurface does not provide for the natural filtering of contaminants by the soils and rock prior to the arrival of the ground water to the aquifer. No sinkholes or springs were identified within the study area by the Kentucky Geological Survey Kentucky Geologic Map Information Service. However, care should be taken to protect any karst features from sedimentation and potential contamination when construction begins. Resources:

Kentucky Geological Survey Ground Water Resources

Kentucky Geological Survey, Water Research Library

Kentucky Department of Environmental Protection, Energy and Environment Cabinet, Division of Water, 305b/303d Report, 2012 Integrated Water Quality Report

University of Kentucky, Groundwater Data Repository

Kentucky Geological Survey Kentucky Geologic Map Information Service Applicable GIS Layers

KYWater/KYGWQuality

KYWater/KYWaterWells

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Hazardous Materials.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Hazardous Materials

The study area was submitted to the Kentucky Division of Waste Management and the Kentucky Underground Storage Tank Division for review and identification of known hazardous materials concerns. The following concerns were identified: AI ID Type Name Address Concern

33942 Retail Visalia Market 11525 Decoursey Pike, Covington, KY 41015

UST

63279 Retail Standard Oil Station Hwy 177, Covington, KY 41015

UST- Removal of tanks on 4/4/2003

35453 Waste Water Treatment Plant

Whites Tower Elementary

2977 Harris Pike, Independence, KY 41051

2440 Waste Water Treatment Plant

All Creatures Great and Small Veterinary Clinic

11515 Taylor Mill Road, Independence, KY 41051

97082 Asbestos Investigation Community Christian Academy

11875 Taylor Mill Road, Independence, KY 41051

Asbestos

72991 Open Dump Site KCCCP Dump #3 Hwy 536 Clean 8/19/2009

72988 Open Dump Site KCCCP Dump #3 Hwy 177 Clean 9/9/2009

49905 Waste Water Treatment Plant

Visalia Elementary School and Subdivision

4041 Visalia Road, Covington, KY 41015

74953 Open Dump Site Charles Hon Property Bethel Grove Road Clean 7/25/2005

2498 Waste Water Treatment Plant

William Shipman Residence

KY 536

2509 Waste Water Treatment Plant

S. Paul Washnock Residence

KY 536

53764 Solid Waste Investigation Direct Sales (Tire Wholesales)

KY 536 Investigation Closed 10/4/2004

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In addition, 33 registered underground storage tanks (USTs) were identified within the project area by the Kentucky Division of Waste Management. Details of the identified USTs are listed below: AI ID # Facility Name Facility Address # of USTs

33942 Visalia Market 11525 Decoursey Pike 3

38777 The Deters Co 1996 Declaration Dr. 3

60323 Simon Kenton High School 11094 Madison Pike 4

60336 Bills Mobil 11320 Madison Pike 7

63279 Standard Oil Station Hwy 177 2

63377 Judes Custom Exhaust & Auto Repair 5323 Madison Pike 3

63450 Kenton County Police Dept 5766 Madison Pike 2

67600 Independence Public Utility 5339 Madison Pike 3

69993 T&A Tackle 11110 Taylors Mill Road 3

105462 United Dairy Farmers #165 2055 Centennial Blvd 3

Further investigations and coordination with the Kentucky Division of Waste Management would be appropriate to determine the potential impacts from these sites upon the project. Resources:

Kentucky Division of Waste Management search, December 5, 2014

Kentucky Tempo Viewer Search, November 14, 2014 Applicable GIS Layers:

Tempo Agency Interests

Underground Storage Tanks

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Noise.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Noise

Noise impact analysis is undertaken in instances when highway traffic noise or construction noise would impact surrounding communities. By their nature, transit systems are located near populated areas and their noise and vibration impacts can be significant to nearby sensitive receptors. Noise abatement measures would be considered when traffic noise impacts are identified for Type 1 Federal Projects. This project would be classified as a Type 1 Federal Project if it meets one or more of the following conditions:

1. Construction of a highway on new locations, 2. Physical alterations of an existing highway where there is either

a. substantial horizontal alteration, defined as a project that halves the distance between the traffic noise source and the closest receptor between the existing condition to the future build condition or

b. Substantial vertical alteration, defined as a project that removes shielding, and therefore exposes the line-of-sight between the receptor and the traffic noise source, either by altering the vertical alignment of the highway or be altering the topography between the highway traffic noise source and the receptor.

3. Addition of a through-traffic lane(s), including the addition of a through-traffic lane that functions as a high-occupancy vehicle (HOV) lane, high-occupancy tool (HOT) lane, bus lane, or truck climbing lane,

4. Additional of an auxiliary lane, except when the auxiliary lane is a turn lane, 5. Restriping existing pavement for the purpose of adding a through-traffic lane or auxiliary

lane, and/or 6. Addition of a new or substantial alteration of a weigh station, rest stop, ride-share lot, or

toll plaza. If a project is determined to be a Type 1 project under the FHWS definition, the entire project area is defined as a Type 1 project. Sensitive receptors would include facilities such as emergency medical services, fire departments, hospitals, libraries, museums, police departments, recreational areas, religious facilities, residential areas, and schools. Consideration of potential adverse noise effects resulting from project activities may be required as this project may be classified as a Type 1

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project. Shrewsberry reviewed the aerial photographs, various GIS layers, and conducted a curbside site reconnaissance for obvious facilities which may be considered sensitive receptors along each roadway within the research area. These facilities are listed below:

Potential Sensitive Receptors Feature Street Address Sensitive Receptor

Simon Kenton High School 11132 Madison Pike School

Summit View Middle School 5002 Madison Pike School

Twenhofel Middle School 11846 Taylor Mill Road School

Kenton Elementary School 11246 Madison Pike School

Summit View Elementary School 5006 Madison Pike School

Taylor Mill Elementary School 5907 Taylor Mill Road School

White’s Tower Elementary School 2977 Harris Pike School

Independence Cemetery Cemetery

Hoffman Cemetery Cemetery

McCollum Cemetery Cemetery

Adams Cemetery Cemetery

Simmons Cemetery Cemetery

St. Cecilia Church 5313 Madison Pike Church and Cemetery

Community Family Church 11875 Madison Pike Church

Independence Christian Church 5221 Madison Pike Church

Memorial Park Park

Kenton County YMCA Recreational

Kenton County Fairgrounds Recreational

Resources:

Kenton County School District Website

Kentucky Transportation Commission, Environmental Analysis Guidance Manual, September 2014

Kentucky Transportation Commission, Noise Analysis and Abatement Policy Applicable GIS Layers:

Schools

Churches

Parks

Cemetery

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Permits.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Permits

Permits potentially required are:

U.S. Army Corps of Engineers o 404 Permit for Discharge of Dredged or Fill Material

Air quality

Coast Guard o Coast Guard Bridge Permit

Kentucky Division of Water o KPDES Permit

Notice of Intent Stormwater Pollution Prevention Plan Notice of Termination

o Ground Water Protection Plan o 401 Water Quality Certification o Floodplain Construction permit o Construction in a Floodway permit

Other environmental investigations/documents potentially needed may include:

Traffic Noise Assessment

Seeding Plan

Spill Prevention, Control, and Countermeasures Plan

Notice of Intent

Bridge Demolition, Division of Air Quality Asbestos Form

Blasting Plan

Permits for Waste or Borrow Sites

Pre-Construction Safety and Health Checklist

Traffic Control Plans

Karst Study

Wetlands Determination/Delineation

Waters of the U.S. Determination

Phase I, Environmental Site Assessment

Phase II, Environmental Site Assessment

7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 (317)- 841-4799 FAX: (317 841-4790) www.shrewsusa.com

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Permits.doc

Ecological Review Resources:

Kentucky Transportation Cabinet, Environmental Analysis Guidance Manual, September 2014

Kentucky Transportation Cabinet, Environmental Awareness: A Road Master Training Course

Tetra Tech, Kentucky Erosion and Sediment Control Field Guide

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Potential Relocations and Displacements.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Nolan Hahn, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Potential Relocations and Displacements

The study area is mostly residential with scattered small farms. The portion of the study within Independence and Visalia also includes commercial properties, including gas stations, restaurants, stores, nursery, schools, auto repair stores, and other types of commercial resources associated with a small town. 5347 structures are found within the study limits. The population is denser in the western portion of the study area, with several large subdivisions on the west side of Route 17. Within the central portion, the buildings are concentrated along the current path of KY 536, with few roads going off of it. Most of this portion of the study area is undeveloped. The eastern section has a concentration around the town of Visalia but is otherwise sparsely populated. Resources:

Aerial photographs

Parcel Maps

Field Reconnaissance, October 30, 2014 GIS Layers:

Campbell County Aerial

Kenton County Aerial

Land Use

Buildings Campbell

Buildings Kenton

7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 (317)- 841-4799 FAX: (317 841-4790) www.shrewsusa.com

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Section 4f.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Section 4f

Section 4(f) properties are defined by 23 USC 138 and the Section 4(f) Policy Paper as “any publically owned land from a public park, recreation area, of wildlife and waterfowl refuge of national, state, or local significance as determined by the federal, state, or local officials having jurisdiction thereof, or any land from a historic site of national, state, or local significance as so determined by such officials.” Through research using aerial photographs, topographic maps, internet resources, and the field investigation, no wildlife and waterfowl preserves were identified within the study area. There were two publically owned, publically available parks, Memorial Park and Independence Park. There were no historic features identified within the resources investigated; however further investigation, conducted by a qualified historian, would be warranted. Resources:

Kentucky State Nature Preserves Commission website

U.S. Fish and Wildlife Service, National Wildlife Refuge System

City of Independence, Parks Department website

National Register of Historic Places Applicable GIS Layers:

Parks

Federal Lands

National Register of Historic Places

7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 (317)- 841-4799 FAX: (317 841-4790) www.shrewsusa.com

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Section 6f.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Section 6f

Section 6(f) resources are lands that were purchased with or improved using funds from the Land and Water Conservation Fund (LWCF). This fund was created through the Land and Water Conservation Fund Act of 1965 to preserve, develop, and assure accessibility to outdoor recreation resources, and to strengthen the health and vitality of the public. These public recreation lands are to be maintained for public outdoor recreation use. Section 6(f) of the Act prohibits the conversion of LWCF lands unless the National Park Service approves substitution property of reasonably equivalent usefulness and location and of at least equal fair market value. There were no facilities listed on the United States Department of the Interior, National Parks Service, LWCF Detailed Listing of Grants by County which are within the study area. Resources:

U.S. Department of the Interior, National Parks Service, Land and Water Conservation Fund Detailed Listing of Grants by County, Kenton County, Kentucky, viewed on November 25, 2014.

Applicable GIS Layers:

Parks

7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 (317)- 841-4799 FAX: (317 841-4790) www.shrewsusa.com

YOUR VISION. OUR FOCUS.

J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Socioeconomic.doc

Memorandum to File

To: Valerie Jones, Parson Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Socioeconomic Overview

The study area consists of residential, agricultural, and commercial facilities, with few recreational sites and no industrial sites. Most residential structures are indicative of a middle-income population. There are houses present of various ages, with some in established subdivisions and others scattered in the country side. Commercial structures are centered within Independence, near KY 17 and through the study area at the intersections of roadways. The commercial facilities include gas stations, convenience stores, restaurants, and shopping centers. The recorded population of Kenton County in 2013 was 163,145, an increase of 2.1% since the 2010 Census of 159,721. This growth rate is in excess of the statewide 1.3% population growth from 2010 to 2013. Between the 2000 and the 2010 census, the population increased from 151,464 to 159,721, an increase of 5.45%. The majority of growth has centered around Independence which serves as a bedroom community for Cincinnati, Ohio. The current, October 2014 unemployment rate for Kentucky is 6.2%; however the September 2014 unemployment rate for Kenton County is 5.3%. The net change in employment from September 2013 to September 2014 showed a 1.7% decrease in Kenton County. This is the midrange for the counties of the vicinity. The Kenton County labor force participation rate is 68.3% which is high for the region. The U.S. labor force participation is 64.37% and the Commonwealth of Kentucky is 60.3% The median earnings of workers in Kenton County was $42,980 per year. This is in excess of the median earnings of workers in Kentucky ($38,473 per year) but slightly less than the median earnings reported for the United States ($43,350 per year). Kenton County has one of the largest proportions of median earnings of $100,000 or more at 5.8% of the total and is ranked #3 in Kentucky. Kenton County is reported to have 8.1% self-employed persons which is less than most other counties in the region. For comparison, the Commonwealth of Kentucky has 10.1% self-employed persons and the United States has 11% self-employed persons. It is reported by the Bureau of Labor that Kenton County has a slightly elevated cost of living for utility costs (100.2); however the overall cost index is significantly under the US average of

7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 (317)- 841-4799 FAX: (317 841-4790) www.shrewsusa.com

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100 at 87.8. Resources:

US Census Bureau

Field Reconnaissance, October 30, 2014

U.S. Bureau of Labor Statistics

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Streams and Surface Waters.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Nolan Hahn, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Streams/Surface Waters

Kentucky has nearly 91,000 miles of streams, of which the Ohio and the Mississippi account for only about 850 miles. The study area is located within the Licking River Basin which is comprised of 9,621 stream miles. The following streams and river were found in the study area:

The Licking River is a sixth order perennial stream within the study area.

Fowler Creek is a third order perennial stream within the study area. Several intermittent tributaries of Fowler Creek are also within the study area.

DeCoursey Creek, within the study area, is a second order perennial stream.

Steep Creek is a third order perennial stream with several tributaries in the study area.

An unnamed second order perennial tributary of Bowman Creek is in the study area. Special use waters are rivers, streams, and lakes listed within the Kentucky Administration Regulations that are worthy of additional protection. These might include cold-water aquatic habitat, exceptional waters, reference reach waters, outstanding state resource waters, outstanding national resource waters, state wild rivers, and federal wild and scenic waters. The portion of the Licking River within the study area is designated as an outstanding state resource water, which may include the federally threatened or endangered Cyprogenia stegaria. No additional rivers, streams, or lakes within the study area were listed by the Kentucky Division of Water as special use waters. Resources:

Kentucky Energy and Environment Cabinet, Division of Water, Integrated Report to Congress on the Condition of Water Resources in Kentucky, 2012

USGS Topographic

National Wetlands Inventory

Ohio-Kentucky-Indiana (OKI) Kentucky Natural Heritage Data

Aerial Photographs Applicable GIS Layers:

U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) Wetlands

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Streams and Surface Waters.doc

NWI Lines

Streams

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J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Threatened and Endangered Species.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Nolan Hahn, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Threatened, Endangered, and Rare Species

U.S. Fish and Wildlife Service (USFWS) did not identify critical habitat in the study area on their website. According to their on-line listing, the following endangered species occur within Kenton County:

Clams: clamshell (Cyprogenia stegaria)

Flower Plants: Running buffalo clover (Trifolium stoloniferum)

Mammals: Indiana bat (Myotis sodalis) The USFWS, Kentucky Ecological Services Field Office publishes a listing of the endangered, threatened, proposed, and candidate species in each county within the Commonwealth of Kentucky. The latest document was published on November 2013 and includes the following species for Kenton and Campbell County: Group Species Common Name Legal Status Known Potential

Mammals Myotis sodalis Indiana bat Endangered P

Myotis spetentrionalis Northern Long-eared bat Proposed P

Mussels Pleurobema clava Clubshell Endangered K

Cyprogenia stegaria Fanshell Endangered K

Plethobasus cooperianus Orangefoot pimpleback Endangered K

Lampsilis abrupta Pink musket Endangered K

Obovaria retusa Ring pink Endangered K

Pleurobema plenum Rough pigtoe Endangered K

Plethobasus cyphyus Sheepnose Endangered P

Epioblasma torulosa rangiana Northern riffleshell Endangered P

Plants Trifolium stoloniferum Running Buffalo Clover Endangered K

K=Known occurrence record within the county P=Potential for the species to occur within the county based upon historic range, proximity to known occurrence records, biological and physiographic characteristics

The Kentucky State Nature Preserves Commission identifies the following protected species in Kenton County in August 2014. The full chart is attached (ETS Species.wrd):

17 Federally Endangered species

1 Federally Threatened species

21 State Endangered species

7 State Threatened species

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Of these Fanshell (Cyprogenia stegaria) is listed by the Kentucky Department of Natural Resources, Energy and Environment Cabinet, Division of Water as occurring in the Licking River south of the KY 536 bridge. The Kentucky State Nature Preserves Commission identifies the following protected species in Campbell County in August 2014. The full chart is attached (Campbell ETS.pdf):

16 Federally Endangered species

1 Federally Threatened species

20 State Endangered species

10 State Threatened species Resources:

U.S. Fish and Wildlife Service

U.S. Fish and Wildlife Service, Kentucky Ecological Services Field Office, Endangered, Threatened, Proposed, and Candidate Species in Kenton County, KY, November 2013

Kentucky Department of Fish and Wildlife

OKI KY Natural Heritage Data listings

Kentucky State Nature Preserves Commission, County Report of Endangered, Threatened, and Special Concern Plants, Animals, and Natural Communities of Kentucky, August 2014

Applicable GIS Layers:

USFWS Critical Habitat Lines

USFWS Critical Habitat Polygons

Kenton County Report of Endangered, Threatened, and Special Concern Plants, Animals, and Natural Communities of Kentucky

Taxonomic Group

Scientific Name Common Name State Federally Global Rank State Rank Occurrences

Vascular Plants

Oenothera triloba

Stemless Evening-primrose

Threatened Apparently secure

Critically imperiled to imperiled

1 reported, but not seen for at least 20 years

Trifolium stoloniferum

Running Buffalo Clover

Threatened Endangered Vulnerable Imperiled to vulnerable

1 currently reported, 1 reported and cannot be relocated (further inventory is needed), 2 known to be extirpated

Aquatic Snails Leptoxis praerosa

Onyx Rocksnail Special concern

Species of Management Concern

Secure Vulnerable to apparently secure

1 known to be extirpated

Lioplax sulculosa

Furrowed Lioplax Special concern

Secure Vulnerable to apparently secure

1 known to be extirpated

Freshwater Mussels

Alasmidonta marginata

Elktoe Threatened Species of Management concern

Apparently secure

Imperiled 2 currently reported

Cumberlandia monodonta

Spectaclecase Endangered Endangered Vulnerable Critically imperiled 1 known to be extirpated

Cyprogenia stegaria

Fanshell Endangered Endangered Critically imperiled, but questionable taxonomy

Critically imperiled 4 currently reported, 1 known to be extirpated

Epioblasma obliquata obliquata

Catspaw Endangered Endangered Critically imperiled

Critically imperiled 1 known to be extirpated

Epioblasma torulosa rangiana

Northern Riffleshell

Endangered Endangered Imperiled Critically imperiled 1 known to be extirpated

Epioblasma triquetra

Snuffbox Endangered Endangered Vulnerable Critically imperiled 1 known to be extirpated

Hemistena lata Cracking Pearlymussel

Extirpated Endangered Critically imperiled

Presumed extirpated 1 known to be extirpated

Lampsilis abrupta

Pink Musket Endangered Endangered Imperiled Critically imperiled 2 known to be extirpated

Lampsilis ovata Pocketbook Endangered Secure Critically imperiled 1 known to be extirpated

Lasmigona compressa

Creek Heelsplitter

Endangered Secure Critically imperiled 1 known to be extirpated

Kenton County Report of Endangered, Threatened, and Special Concern Plants, Animals, and Natural Communities of Kentucky

Taxonomic Group

Scientific Name Common Name State Federally Global Rank State Rank Occurrences

Leptodea leptodon

Scaleshell Extirpated Endangered Critically imperiled

Presumed extirpated 1 known to be extirpated

Obovaria retusa

Ring Pink Endangered Endangered Critically imperiled

Critically imperiled 1 known to be extirpated

Plethobasus cooperianus

Orangefoot Pimpleback

Endangered Endangered Critically imperiled

Critically imperiled 1 known to be extirpated

Plethobasus cyphyus

Sheepnose Endangered Endangered Vulnerable Critically imperiled 1 known to be extirpated

Pleurobema clava

Clubshell Endangered Endangered Critically imperiled to imperiled

Critically imperiled 3 known to be extirpated

Pleurobema plenum

Rough Pigtoe Endangered Endangered Critically imperiled

Critically imperiled 1 known to be extirpated

Pleurobema rubrum

Pyramid PIgtoe Endangered Species of management concern

Imperiled to vulnerable

Critically imperiled 1 known to be extirpated

Quadrula cylindrica cylindrica

Rabbitsfoot Threatened Threatened Vulnerable to apparently secure

Imperiled 1 known to be extirpated

Quadrula fragosa

Winged Mapleleaf

Extirpated Endangered Critically imperiled

Presumed extirpated 1 known to be extirpated

Simpsonaias ambigua

Salamander Mussel

Threatened Species of management concern

Vulnerable Vulnerable to apparently secure

2 currently reported, 1 known to be extirpated

Villosa fabalis Rayed Bean Extirpated Endangered Imperiled Presumed extirpated 1 known to be extirpated

Insects Dyrobius sexnotatus

Six-banded Longhorn Beetle

Threatened Species of Management Concern

Unranked Imperiled 1 currently reported

Fishes Acipenser fulvescens

Lake Sturgeon Endangered Species of Management Concern

Vulnerable to apparently secure

Critically imperiled 1 reported but not seen for at least 20 years

Atractosteus spatula

Alligator Gar Endangered Species of Management Concern

Vulnerable to apparently secure

Critically imperiled 1 reported but not seen for at least 20 years

Kenton County Report of Endangered, Threatened, and Special Concern Plants, Animals, and Natural Communities of Kentucky

Taxonomic Group

Scientific Name Common Name State Federally Global Rank State Rank Occurrences

Amphibians Cryptobranchus alleganiensis alleganiensis

Eastern Hellbender

Endangered Species of Management Concern

Vulnerable to apparently secure

Critically imperiled 3 currently reported, 1 known to be extirpated

Plethodon cinereus

Redback Salamander

Special concern

Secure Vulnerable 9 currently reported

Rana pipiens Northern Leopard Frog

Special concern

Secure Vulnerable 1 reported, but not seen for at least 20 years

Reptiles Clonophis kirtlandii

Kirtland’s Snake Threatened Species of Management Concern

Imperiled Imperiled 1 reported but not seen for at least 20 years

Breeding Birds Aimophila aestivalis

Bachman’s Sparrow

Endangered Species of management concern

Vulnerable Critically imperiled breeding population

1 known to be extirpated

Falco peregrinus

Peregrine Falcon Endangered Species of management concern

Apparently secure

Critically imperiled breeding population

1 currently reported

Pooecetes gramineus

Vesper sparrow Endangered Secure Critically imperiled breeding population

1 reported but cannot be mapped to an exact location

Thryomanes bewickii

Bewick’s Wren Special concern

Species of management concern

Secure Vulnerable breeding population

1 currently reported

Tyto alba Barn Owl Special concern

Species of management concern

Secure Vulnerable 1 currently reported

Mammal Myotis sodalis Indiana Bat Endangered Endangered Imperiled Critically imperiled breeding population

1 reported but cannot be mapped to an exact location

Report of

Endangered, Threatened, and Special Concern

Plants, Animals, and Natural Communities

for Campbell County, Kentucky

Kentucky State Nature Preserves

Commission

801 Schenkel Lane

Frankfort, KY 40601

(502) 573-2886 (phone)

(502) 573-2355 (fax)

www.naturepreserves.ky.gov

Kentucky State Nature Preserves Commission

Key for County List Report

Within a county, elements are arranged first by taxonomic complexity (plants first, natural communities last), and second

by scientific name. A key to status, ranks, and count data fields follows.

STATUS

KSNPC: Kentucky State Nature Preserves Commission status:

N or blank = none E = endangered T = threatened S = special concern H = historic X = extirpated

USESA: U.S. Fish and Wildlife Service status:

blank = none C = candidate LT = listed as threatened LE = listed as endangered

SOMC = Species of Management Concern

RANKS

GRANK: Estimate of element abundance on a global scale:

G1 = Critically imperiled GU = Unrankable

G2 = Imperiled G#? = Inexact rank (e.g. G2?)

G3 = Vulnerable G#Q = Questionable taxonomy

G4 = Apparently secure G#T# = Infraspecific taxa (Subspecies and variety abundances are coded with a 'T' suffix; the 'G'

G5 = Secure portion of the rank then refers to the entire species)

GH = Historic, possibly extinct GNR = Unranked

GX = Presumed extinct GNA = Not applicable

SRANK: Estimate of element abundance in Kentucky:

S1 = Critically imperiled SU = Unrankable Migratory species may have separate ranks for different

S2 = Imperiled S#? = Inexact rank (e.g. G2?) population segments (e.g. S1B, S2N, S4M):

S3 = Vulnerable S#Q = Questionable taxonomy S#B = Rank of breeding population

S4 = Apparently secure S#T# = Infraspecific taxa S#N = Rank of non-breeding population

S5 = Secure SNR = Unranked S#M = Rank of transient population

SH = Historic, possibly extirpated SNA = Not applicable

SX = Presumed extirpated

COUNT DATA FIELDS

# OF OCCURRENCES: Number of occurrences of a particular element from a county. Column headings are as follows:

E - currently reported from the county

H - reported from the county but not seen for at least 20 years

F - reported from county & cannot be relocated but for which further inventory is needed

X - known to have extirpated from the county

U - reported from a county but cannot be mapped to a quadrangle or exact location.

Page 2 of 5Data current as of August 2014

Kentucky State Nature Preserves Commission

801 Schenkel Lane

Frankfort, KY 40601

(502) 573-2886 (phone)

(502) 573-2355 (fax)

email: [email protected]

internet: www.naturepreserves.ky.gov

The data from which the county report is generated is continually updated. The date on which the report was created is in the report footer. Contact KSNPC for a

current copy of the report.

Please note that the quantity and quality of data collected by the Kentucky Natural Heritage Program are dependent on the research and observations of many

individuals and organizations. In most cases, this information is not the result of comprehensive or site-specific field surveys; many natural areas in Kentucky

have never been thoroughly surveyed, and new species of plants and animals are still being discovered. For these reasons, the Kentucky Natural Heritage

Program cannot provide a definitive statement on the presence, absence, or condition of biological elements in any part of Kentucky. Heritage reports summarize

the existing information known to the Kentucky Natural Heritage Program at the time of the request regarding the biological elements or locations in question.

They should never be regarded as final statements on the elements or areas being considered, nor should they be substituted for on-site surveys required for

environmental assessments.

KSNPC appreciates the submission of any endangered species data for Kentucky from field observations. For information on data reporting or other data services

provided by KSNPC, please contact the Data Manager at:

Page 3 of 5Data current as of August 2014

Scientific nameCounty Taxonomic Group Common name Statuses Ranks E H F X U

County Report of Endangered, Threatened, and Special Concern Plants, Animals, and Natural Communities of Kentucky

Kentucky State Nature Preserves Commission# of Occurrences

0 0 0 1 0G4 / S1S2Stemless Evening-primroseOenothera trilobaCampbell Vascular Plants T /

0 0 0 1 0G5 / SHLouisiana BroomrapeOrobanche ludovicianaCampbell Vascular Plants H /

0 0 1 0 0G3 / S2S3Virginia MallowSida hermaphroditaCampbell Vascular Plants T /

0 0 0 1 0G3G4 / S1S2Buffalo CloverTrifolium reflexumCampbell Vascular Plants E /

1 0 0 0 0G3 / S2S3Running Buffalo CloverTrifolium stoloniferumCampbell Vascular Plants T / LE

1 0 0 0 1G5 / S3S4Onyx RocksnailLeptoxis praerosaCampbell Aquatic Snails S / SOMC

0 0 0 0 1G5 / S3S4Furrowed LioplaxLioplax sulculosaCampbell Aquatic Snails S /

3 0 0 0 0G4 / S2ElktoeAlasmidonta marginataCampbell Freshwater Mussels T / SOMC

0 0 0 0 1G3 / S1SpectaclecaseCumberlandia monodontaCampbell Freshwater Mussels E / LE

6 0 0 1 1G1Q / S1FanshellCyprogenia stegariaCampbell Freshwater Mussels E / LE

0 0 0 0 1G1T1 / S1CatspawEpioblasma obliquata obliquataCampbell Freshwater Mussels E / LE

0 0 0 0 1G2T2 / S1Northern RiffleshellEpioblasma torulosa rangianaCampbell Freshwater Mussels E / LE

0 0 0 0 1G3 / S1SnuffboxEpioblasma triquetraCampbell Freshwater Mussels E / LE

0 0 0 0 1G1 / SXCracking PearlymusselHemistena lataCampbell Freshwater Mussels X / LE

0 0 0 1 2G2 / S1Pink MucketLampsilis abruptaCampbell Freshwater Mussels E / LE

0 0 0 0 1G5 / S1PocketbookLampsilis ovataCampbell Freshwater Mussels E /

0 0 0 0 1G5 / S1Creek HeelsplitterLasmigona compressaCampbell Freshwater Mussels E /

0 0 0 0 1G1G2 / SXScaleshellLeptodea leptodonCampbell Freshwater Mussels X / LE

0 0 0 0 2G1 / S1Ring PinkObovaria retusaCampbell Freshwater Mussels E / LE

0 0 0 0 2G1 / S1Orangefoot PimplebackPlethobasus cooperianusCampbell Freshwater Mussels E / LE

5 0 0 1 1G3 / S1SheepnosePlethobasus cyphyusCampbell Freshwater Mussels E / LE

0 0 0 0 3G1G2 / S1ClubshellPleurobema clavaCampbell Freshwater Mussels E / LE

0 0 0 0 2G1 / S1Rough PigtoePleurobema plenumCampbell Freshwater Mussels E / LE

0 0 0 0 1G2G3 / S1Pyramid PigtoePleurobema rubrumCampbell Freshwater Mussels E / SOMC

0 0 0 0 1G3G4T3 / S2RabbitsfootQuadrula cylindrica cylindricaCampbell Freshwater Mussels T / LT

0 0 0 0 1G1 / SXWinged MapleleafQuadrula fragosaCampbell Freshwater Mussels X / LE

2 0 0 0 2G3 / S2S3Salamander MusselSimpsonaias ambiguaCampbell Freshwater Mussels T / SOMC

0 0 0 0 1G2 / SXRayed BeanVillosa fabalisCampbell Freshwater Mussels X / LE

0 0 0 1 0G3G4 / S2Northern MetalmarkCalephelis borealisCampbell Insects T /

Page 4 of 5Data current as of August 2014

Scientific nameCounty Taxonomic Group Common name Statuses Ranks E H F X U

County Report of Endangered, Threatened, and Special Concern Plants, Animals, and Natural Communities of Kentucky

Kentucky State Nature Preserves Commission# of Occurrences

1 0 0 0 0GNR / S2Six-banded Longhorn BeetleDryobius sexnotatusCampbell Insects T / SOMC

0 0 0 1 0G3G4 / S1Lake SturgeonAcipenser fulvescensCampbell Fishes E / SOMC

0 0 0 1 0G3G4 / S1Alligator GarAtractosteus spatulaCampbell Fishes E / SOMC

1 0 0 0 0G5 / S3Black BuffaloIctiobus nigerCampbell Fishes S /

1 0 0 0 0G5 / S2Spottail ShinerNotropis hudsoniusCampbell Fishes S /

0 0 0 1 0G5 / S3Trout-perchPercopsis omiscomaycusCampbell Fishes S / SOMC

3 0 0 0 1G3G4T3T4 /

S1Eastern HellbenderCryptobranchus alleganiensis

alleganiensis

Campbell Amphibians E / SOMC

0 0 0 1 0G2 / S2Kirtland's SnakeClonophis kirtlandiiCampbell Reptiles T / SOMC

0 0 0 1 0G5 / S2S3BLark SparrowChondestes grammacusCampbell Breeding Birds T /

1 0 0 0 0G4 / S1BPeregrine FalconFalco peregrinusCampbell Breeding Birds E / SOMC

0 1 0 0 0G5 / S1BVesper SparrowPooecetes gramineusCampbell Breeding Birds E /

1 0 0 0 0G5 / S3BBank SwallowRiparia ripariaCampbell Breeding Birds S /

0 0 0 1 0G4 / S2S3Eastern Spotted SkunkSpilogale putoriusCampbell Mammals S /

26 1 30 13 1Campbell County Total:

Page 5 of 5Data current as of August 2014

YOUR VISION. OUR FOCUS.

J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Water Quality.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Angela R. Kattmann, LPG, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Water Quality

The study area lies within the Licking River watershed. The Kentucky Department for Natural Resources, Energy and Environment Cabinet, Division of Water, identifies the Licking River as a Primary Contact Recreation Water. In addition, the portion of the Licking River within the study area is designated as an Outstanding State Resource Water which may include habitat of federally threatened or endangered species. Resources:

Kentucky Energy and Environment Cabinet, Division of Water, Integrated Report to Congress on the Condition of Water Resources in Kentucky, 2012

National Wetland Inventory, US Fish and Wildlife Service

OKI KY Natural Heritage Data information

Applicable GIS Layers:

NWI Wetlands

NWI Lines

Streams

KYWater/KYGWQuality

KYWater/KYWaterWells

7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 (317)- 841-4799 FAX: (317 841-4790) www.shrewsusa.com

YOUR VISION. OUR FOCUS.

J:\29037A KY State Route 536 Corridor Study\5.0 Project Data\5.5 Environ Resources\5.5.2 Resource Tech Memo\MEMO Wetlands.doc

Memorandum to File

To: Valerie Jones, Parsons Brinckerhoff

From: Nolan Hahn, Shrewsberry & Associates, LLC

Date: December 12, 2014

Subject: KY 536 Red Flag Summary

Wetlands

The U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) identifies 216 wetlands within or partially within the study area. These wetlands are mostly Freshwater Ponds with some Freshwater Emergent wetlands and a few Freshwater Forested/Shrub wetlands. The Licking River riparian zone is classified as a Lacustrine Limnetic Unconsolidated Bottom Permanently Flooded Diked/Impounded (L1UBHh) wetland throughout the entire study area. However, the feature would be more accurately described as a Riverine, Lower Perennial, Unconsolidated Bottom (R2UB) after field verification. 3 hydric soils are found within the study area:

Lawrence Silt Loam (Lc), 0 to 4 percent slopes. 3% of study area

Newark Silt Loam (Nk), 0 to 2 percent slopes, occasionally flooded. 2% of study area.

Nolin Silt Loam (No), 0 to 2 percent slopes, occasionally flooded. 1% of study area. A wetland determination and delineation should be conducted as the design of the project progresses. All information obtained through USFWS NWI should be field verified by a qualified wetland scientist. Resources:

National Wetlands Inventory

OKI KY Natural Heritage Data information

NRCS Soil Maps Applicable GIS Layers:

NWI Wetlands

NWI Lines

Hydric Soils

7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 (317)- 841-4799 FAX: (317 841-4790) www.shrewsusa.com