DRAFT SECTION 4(F) EVALUATION FAIRVIEW CEMETERY

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1 DRAFT SECTION 4(F) EVALUATION I. DESCRIPTION OF SECTION 4(F) RESOURCE The Section 4(f) resource that could be affected by the proposed action is Fairview Cemetery. The proposed action would require the use of land from the Fairview Cemetery for all of the proposed Build Alternatives (Alternatives B-1, C, D and E) for construction of the north frontage road and trail near Osgood Avenue in Stillwater. Approximately 0.15 acres of property would be acquired to accommodate the Build Alternatives. A. DETAILED MAP Figure E-18 shows the relationship of the Build Alternatives to Fairview Cemetery. B. SIZE AND LOCATION Fairview Cemetery is located in Stillwater north of Trunk Highway (TH) 36 and west of Osgood Avenue; the cemetery is about 38 acres in size. Osgood Avenue comprises the eastern boundary of Fairview Cemetery and stretches north from 62nd Street North to Orleans Street East. Harriet Street South is located just to the west of the cemetery. Stillwater Junior High School is located just to the north of Fairview Cemetery along Orleans Street. Fairview Cemetery is characterized by its picturesque plan, designed by landscape architect A. N. Carpenter in 1879, when the cemetery was expanded from its original size. Carpenter s plan included a series of irregular, winding roads interrupted by six small ponds. The site is still characterized by these winding roads today. Fairview Cemetery is accessible from the main entrance along Osgood Avenue, just to the north of 63rd Street. C. OWNERSHIP AND TYPE Fairview Cemetery is owned by the Fairview Cemetery Association. The Fairview Cemetery Association was established in 1867 and the cemetery site was established in The Fairview Cemetery is an historically significant site that was determined eligible for listing on the National Register of Historic Places (NRHP) in July 2004 in recognition of its picturesque plan within the context of the Rural Cemetery Movement (refer to Chapter 11 of the SDEIS). St. Croix River Crossing Project E-134 Draft Section 4(f) Evaluation

2 Figure E-18 Location of Fairview Cemetery and Build Alternatives (8.5x11 b/w) St. Croix River Crossing Project E-135 Draft Section 4(f) Evaluation

3 D. FUNCTION OF AND/OR AVAILABLE ACTIVITIES Fairview Cemetery property is currently used as a public cemetery. E. DESCRIPTION OF EXISTING AND PLANNED USES As noted previously, Fairview Cemetery was established in Although originally laid out with several oblong blocks separated by a mall, the cemetery was greatly expanded in At the time, Fairview Cemetery was a rural cemetery, with Stillwater being the nearest town. Today, Fairview Cemetery is located within the boundaries of the City of Stillwater and is surrounded by residences, schools, and several churches. Fairview Cemetery currently operates as a public cemetery. Individuals are able to purchase a burial plot from the cemetery association. F. ACCESS AND USAGE Vehicle access to the cemetery is provided by Osgood Avenue along the eastern boundary of the site. The cemetery includes a paved roadway which winds throughout the site. The cemetery is surrounded by fencing restricting access to the main entrance. Fairview Cemetery can also be accessed by pedestrians and bicyclists from Osgood Avenue. A city sidewalk is located adjacent to the cemetery along the east side of Osgood Avenue. There is no sidewalk adjacent to the cemetery along the west side of Osgood Avenue, although there is evidence that pedestrians have frequently traveled along the west side of Osgood Avenue next to the cemetery fence. G. RELATIONSHIP TO SIMILAR LAND IN THE AREA Salem s Congregation Cemetery is located immediately to the south of Fairview Cemetery. The northern boundary of Salem s Congregation Cemetery is shared with the southwest boundary of Fairview Cemetery. Salem s Congregation Cemetery is a smaller cemetery compared to Fairview, and is currently accessible from 62nd Street. A wooded hill is located along the southern boundary and a wooded ravine is located along the western boundary of Salem s Congregation Cemetery. Other cemeteries located south of the project area include St. Michael Cemetery and Hazelwood Cemetery. H. APPLICABLE CLAUSES AFFECTING OWNERSHIP There are no known restrictions on property ownership relevant to Section 4(f) considerations. St. Croix River Crossing Project E-136 Draft Section 4(f) Evaluation

4 I. UNUSUAL CHARACTERISTICS Fairview Cemetery is determined eligible for listing on the NRHP under Criterion C, within the context of the Rural Cemetery Movement. The Rural Cemetery Movement started in 1831 in the United States with the Mount Auburn Cemetery in Massachusetts and continued in popularity through the nineteenth century. Rural cemeteries are characterized by winding roads, water features (ponds, lakes, or streams), the incorporation of planned plantings with existing vegetation, and objects scenically placed within the landscape. Rural cemeteries would not only be used as a final resting place for the departed, but also as a park-like setting for the enjoyment of the living. II. IMPACTS ON THE SECTION 4(F) RESOURCE A. NO-BUILD A new north frontage road along TH 36 between Osgood Avenue and Washington Avenue would not be constructed under the No-Build Alternative. While the No-Build Alternative would not require the acquisition of any property from Fairview Cemetery, the cemetery would continue to be affected by increasing congestion on Osgood Avenue. Osgood Avenue is currently a popular route for local traffic to avoid traffic congestion on TH 36/95 to and from downtown Stillwater (see Figure 4-7 in Chapter 4 of the SDEIS). This route could incur additional congestion from local traffic as individuals bypass TH 36/95 with increasing traffic volumes and congestion in downtown Stillwater. B. BUILD ALTERNATIVES Construction of the north frontage road, associated with all the Build Alternatives, would physically impact Fairview Cemetery. Approximately 0.15 acres would be acquired from Fairview Cemetery for the construction of the north frontage road at the intersection with Osgood Avenue and 62nd Street (Figure E-19). A traffic signal, if warranted, would also be installed at this intersection. This acquisition is at the southeast corner of the cemetery. This area is currently planted as a flower bed, away from burials. The roadway would not affect any aspects of the designed landscape such as the winding roads or mature vegetation. The cemetery may also be affected by temporary construction activities during construction of the north frontage road and reconstruction of Osgood Avenue. Chapter 11 of the SDEIS discusses the preliminary assessment of effects of the Build Alternatives under Section 106 of the National Historic Preservation Act of 1966 (as amended). A summary of the preliminary assessment of effects for the Fairview Cemetery is summarized below. Formal determination of effects will be made by FHWA following completion of remaining information, public input received throughout the comment period, and further discussion with consulting parties. Refer to Chapter 11 of the SDEIS for additional information. St. Croix River Crossing Project E-137 Draft Section 4(f) Evaluation

5 Figure E-19 North Frontage Road Fairview Cemetery Impacts (8.5x11 b/w) St. Croix River Crossing Project E-138 Draft Section 4(f) Evaluation

6 The preliminary assessment of effects had indicated that as a significant example of the Rural Cemetery Movement, the impact of traffic activity and noise resulting from the construction of the north frontage road would have an adverse effect on Fairview Cemetery. The addition of the north frontage road on the south boundary of the cemetery would bring traffic activity and noise into an area that is currently a local, dead-end street. Higher traffic volumes would also have a visual and atmospheric effect on the setting of the cemetery. As noted above, the roadway would not affect any aspects of the designed landscape such as the winding roads or mature vegetation. In addition, if a trail is built north along Osgood and requires additional right-of-way, the trail would require a change to the boundaries of the cemetery. Changes to the boundary of the property would result in an adverse effect on the cemetery. III. AVOIDANCE ALTERNATIVES Acquisition of property from Fairview Cemetery for construction of the north frontage road is unavoidable with the Build Alternatives. Shifting the north frontage road to the south to avoid the cemetery property would result in an offset intersection with 62nd Street at Osgood Avenue. The intent of locating the north frontage road intersection with Osgood Avenue at its proposed location is to consolidate access points on Osgood Avenue. Maintaining the existing roadway geometrics (i.e., one through lane) along southbound Osgood Avenue adjacent to the cemetery and not adding designated turn lanes at the intersection with 62nd Street and the north frontage road would result in poor traffic operations at this intersection. Removing the trail along the north side of the proposed north frontage road would minimize impacts to Fairview Cemetery, but this would also decrease trail connectivity along the frontage road to local businesses to the west. Thus, because land acquisition from Fairview Cemetery is unavoidable with the north frontage road, changes to the visual and atmospheric setting at Fairview Cemetery are also unavoidable with the Build Alternatives. IV. MEASURES TO MINIMIZE HARM The geometrics of the north frontage road and reconstructed Osgood Avenue were minimized to the extent possible while still providing adequate traffic operations (e.g., one left-turn lane and one right-turn/through lane on southbound Osgood Avenue versus a right-turn lane, a through lane, and a left-turn lane). The alignment of Osgood Avenue at the intersection of 62nd Street and the north frontage road was adjusted to minimize impacts to Fairview Cemetery, as well as the apartment complex and church to the east of Fairview Cemetery. As noted above, the alignment of the north frontage road could not be shifted to the south to completely avoid Fairview Cemetery. Doing so would create a skewed intersection with 62nd Street. St. Croix River Crossing Project E-139 Draft Section 4(f) Evaluation

7 Existing fencing along the boundaries of Fairview Cemetery and the flower bed in the southeast corner of the cemetery would be potentially impacted by the Build Alternatives. Mitigation for impacts would be identified in consultation with Minnesota SHPO and Fairview Cemetery Association. Mitigation would be provided for temporary construction impacts on Fairview Cemetery. Temporary construction impacts could include erosion/sedimentation, dust, and noise impacts associated with construction of any of the Build Alternatives. Temporary erosion and sedimentation control measures and Best Management Practices (BMPs) developed by the Minnesota Pollution Control Agency (MPCA) would be followed to minimize these impacts. Temporary impacts on air quality from dust would be mitigated through standard construction practices, including wetting of exposed soils, limiting vehicle operation on unpaved surfaces, and limiting the extent and duration of exposed areas. Temporary noise impacts would be minimized as described in Chapter 12 of the SDEIS. V. COORDINATION Extensive agency coordination has occurred throughout the SDEIS process, as described in the Introduction to the Draft Section 4(f) Evaluations. Informal meetings with representatives from the Fairview Cemetery Association were held in Fall 2003 during refinement of TH 36 and frontage road concepts (see Chapter 3 of the SDEIS). Further coordination regarding impacts to the site and potential mitigation will continue with the Minnesota SHPO and the Fairview Cemetery Association as owners of the cemetery. St. Croix River Crossing Project E-140 Draft Section 4(f) Evaluation