Report_1_NEPA.pdf

Environmental Screening Form UPSA 101(1) Page 1 of 2

Appendix A: Environmental Screening Form

Water and Wetlands:

• Section 404 of the Clean Water Act

Impacts to Waters of the US: ☐Yes ☒No If Yes, approval anticipated:

☐Nationwide Permit ☐Regional General Permit ☒Individual Permit

• Section 401 of the Clean Water Act ☐NWP certified by State ☐Individual Certification

• Section 402 of the Clean Water Act (National Pollutant Discharge Elimination System) Disturbance Threshold Exceeded, Permit Required?

☐Yes ☒ No Is Stormwater Management Review/Approval anticipated?

☐Yes ☒No

• ☒Project is consistent with Executive Order 11990, Protection of Wetlands Floodplains:

• ☒ Project is consistent with Executive Order 11988, Floodplain Management Section 4(f) of the USDOT Act:

• Meets Section 4(f) exemption for Federal lands transportation facilities under Section 1119(c)(2) of MAP-21, U.S.C. 138(a)?

☒Yes ☐No

• Is there a Section 4(f) property in the study area?

☐Yes ☒No If Yes, continue:

De Minimis Finding:☐ Programmatic:☐ _______________________________ Individual 4(f): ☐

Section 6(f) of the Land and Water Conservation Fund:

• Was the property purchased with grant funds from the Land and Water Conservation Fund?

☐Yes ☒No

• If Yes, was documentation of approval from National Park Service Director received for the conversion or replacement of 6(f) property? ☐Yes ☐No Coastal Zone Management Act of 1972:

• Not in Coastal Zone ☒

• Concurrence with Federal Consistency Determination ☐

Right of Way:

• Project is completely within Federal right-of-way ☒

• Project involves relocations or easements ☐

Number of Easements________ Number of Relocations________ Hazardous Waste and Materials:

• Area hazardous materials or contamination exceeding regulatory thresholds (as set by U.S.

EPA, County Environmental Health, etc.) present? ☐Yes ☒No

Environmental Screening Form UPSA 101(1) Page 2 of 2

• If Yes, is the nature and extent of the hazardous materials or contamination fully known?☐ If No, briefly discuss the plan for securing information:

Section 7(a) of the Wild and Scenic Rivers Act:

• Are there Wild and Scenic Rivers? ☐Yes ☒No If Yes, review by river-administering agency is required.

Clean Air Act:

• Is the project in a non-attainment area? ☐Yes ☒No

If Yes, is the project on the TIP/SIP? ☐ Yes ☐No Highway Traffic and Construction Noise Regulations:

• ☐ The proposed project is a Type I project (highway on a new location, substantial horizontal or vertical alteration, new through or auxiliary lanes). Noise analysis is required.

• ☐ The proposed project is a Type II project (retrofit for noise abatement).

• ☒ The proposed project is a Type III project (noise analysis not required).

Environmental Justice and Title IV Act:

• Is an Environmental Justice population, as identified in Executive Order 12898, present?

☐Yes ☒No If Yes, briefly explain:

• Will the project induce disproportionately high and adverse impacts to minority, low income or special groups? ☐Yes ☒No If Yes, briefly explain:

Farmland Protection Policy Act for Highway Projects:

• Does the project displace, require acquisition of, or require an easement from farmland?

☐Yes ☒No

Does the project affect any additional resources? If Yes, explain below:

Categorical Exclusion Category Page 1 of 4

UPSA 101(1)

Appendix B: 23 CFR 771.117 FHWA Categorical Exclusions

(c) The following actions meet the criteria for CEs in the CEQ regulations (40 CFR 1508.4) and §771.117(a) and normally do not require any further NEPA approvals by the FHWA:

☐ (1) Activities which do not involve or lead directly to construction, such as planning and research activities; grants for training; engineering to define the elements of a proposed action or alternatives so that social, economic, and environmental effects can be assessed; and Federal-aid system revisions which establish classes of highways on the Federal-aid highway system.

☐ (2) Approval of utility installations along or across a transportation facility.

☐ (3) Construction of bicycle and pedestrian lanes, paths, and facilities.

☐ (4) Activities included in the State's highway safety plan under 23 U.S.C. 402.

☐ (5) Transfer of Federal lands pursuant to 23 U.S.C. 107(d) and/or 23 U.S.C. 317 when the land transfer is in support of an action that is not otherwise subject to FHWA review under NEPA.

☐ (6) The installation of noise barriers or alterations to existing publicly owned buildings to provide for noise reduction.

☐ (7) Landscaping.

☐ (8) Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur.

☐ (9) The following actions for transportation facilities damaged by an incident resulting in an emergency declared by the Governor of the State and concurred in by the Secretary, or a disaster or emergency declared by the President pursuant to the Robert T. Stafford Act (42 U.S.C. 5121):

(i) Emergency repairs under 23 U.S.C. 125; and

(ii) The repair, reconstruction, restoration, retrofitting, or replacement of any road, highway, bridge, tunnel, or transit facility (such as a ferry dock or bus transfer station), including ancillary transportation facilities (such as pedestrian/bicycle paths and bike lanes), that is in operation or under construction when damaged and the action:

(A) Occurs within the existing right-of-way and in a manner that substantially conforms to the preexisting design, function, and location as the original (which may include upgrades to meet existing codes and standards as well as upgrades warranted to address conditions that have changed since the original construction); and

(B) Is commenced within a 2-year period beginning on the date of the declaration.

☐ (10) Acquisition of scenic easements.

☐ (11) Determination of payback under 23 U.S.C. 156 for property previously acquired with Federal-aid participation.

☐ (12) Improvements to existing rest areas and truck weigh stations.

☐ (13) Ridesharing activities.

☐ (14) Bus and rail car rehabilitation.

☐ (15) Alterations to facilities or vehicles in order to make them accessible for elderly and handicapped persons.

☐ (16) Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand.

☐ (17) The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE.

Categorical Exclusion Category Page 2 of 4

☐ (18) Track and railbed maintenance and improvements when carried out within the existing right-of-way.

☐ (19) Purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off the site.

☐ (20) Promulgation of rules, regulations, and directives.

☐ (21) Deployment of electronics, photonics, communications, or information processing used singly or in combination, or as components of a fully integrated system, to improve the efficiency or safety of a surface transportation system or to enhance security or passenger convenience.

Examples include, but are not limited to, traffic control and detector devices, lane management systems, electronic payment equipment, automatic vehicle locaters, automated passenger counters, computer-aided dispatching systems, radio communications systems, dynamic message signs, and security equipment including surveillance and detection cameras on roadways and in transit facilities and on buses.

☐ (22) Projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way. Existing operational right-of-way refers to right-of-way that has been disturbed for an existing transportation facility or is maintained for a transportation purpose. This area includes the features associated with the physical footprint of the transportation facility (including the roadway, bridges, interchanges, culverts, drainage, fixed guideways, mitigation areas, etc.) and other areas maintained for transportation purposes such as clear zone, traffic control signage, landscaping, any rest areas with direct access to a controlled access highway, areas maintained for safety and security of a transportation facility, parking facilities with direct access to an existing transportation facility, transit power substations, transit venting structures, and transit maintenance facilities. Portions of the right-of-way that have not been disturbed or that are not maintained for transportation purposes are not in the existing operational right-of-way.

☐ (23) Federally-funded projects:

(i) That receive less than $5,000,000 of Federal funds; or

(ii) With a total estimated cost of not more than $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost.

☐ (24) Localized geotechnical and other investigation to provide information for preliminary design and for environmental analyses and permitting purposes, such as drilling test bores for soil sampling; archeological investigations for archeology resources assessment or similar survey; and wetland surveys.

☐ (25) Environmental restoration and pollution abatement actions to minimize or mitigate the impacts of any existing transportation facility (including retrofitting and construction of stormwater treatment systems to meet Federal and State requirements under sections 401 and 402 of the Federal Water Pollution Control Act (33 U.S.C. 1341; 1342)) carried out to address water pollution or environmental degradation.

☒ (26) Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and climbing lanes), if the action meets the constraints in paragraph (e) of this section.

☐ (27) Highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting, if the project meets the constraints in paragraph (e) of this section.

Categorical Exclusion Category Page 3 of 4

☐ (28) Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings, if the actions meet the constraints in paragraph (e) of this section.

☐ (29) Purchase, construction, replacement, or rehabilitation of ferry vessels (including improvements to ferry vessel safety, navigation, and security systems) that would not require a change in the function of the ferry terminals and can be accommodated by existing facilities or by new facilities which themselves are within a CE.

☐ (30) Rehabilitation or reconstruction of existing ferry facilities that occupy substantially the same geographic footprint, do not result in a change in their functional use, and do not result in a substantial increase in the existing facility's capacity. Example actions include work on pedestrian and vehicle transfer structures and associated utilities, buildings, and terminals.

(d) Additional actions which meet the criteria for a CE in the CEQ regulations (40 CFR 1508.4) and paragraph (a) of this section may be designated as CEs only after Administration approval unless otherwise authorized under an executed agreement pursuant to paragraph (g) of this section. The applicant shall submit documentation which demonstrates that the specific conditions or criteria for these CEs are satisfied and that significant environmental effects will not result. Examples of such actions include but are not limited to:

☐ (1)-(3) [Reserved] ☐ (4) Transportation corridor fringe parking facilities.

☐ (5) Construction of new truck weigh stations or rest areas.

☐ (6) Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts.

☐ (7) Approvals for changes in access control.

☐ (8) Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic.

☐ (9) Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users.

☐ (10) Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic.

☐ (11) Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community.

☐ (12) Acquisition of land for hardship or protective purposes. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed.

(i) Hardship acquisition is early acquisition of property by the applicant at the property owner's request to alleviate particular hardship to the owner, in contrast to others, because of an inability

Categorical Exclusion Category Page 4 of 4 to sell his property. This is justified when the property owner can document on the basis of health, safety or financial reasons that remaining in the property poses an undue hardship compared to others.

(ii) Protective acquisition is done to prevent imminent development of a parcel which may be needed for a proposed transportation corridor or site. Documentation must clearly demonstrate that development of the land would preclude future transportation use and that such development is imminent. Advance acquisition is not permitted for the sole purpose of reducing the cost of property for a proposed project.

☐ (13) Actions described in paragraphs (c)(26), (c)(27), and (c)(28) of this section that do not meet the constraints in paragraph (e) of this section.

(e) Actions described in (c)(26), (c)(27), and (c)(28) of this section may not be processed as CEs under paragraph (c) if they involve:

(1) An acquisition of more than a minor amount of right-of-way or that would result in any residential or non-residential displacements.

Yes ☐ No ☐

(2) An action that needs a bridge permit from the U.S. Coast Guard, or an action that does not meet the terms and conditions of a U.S. Army Corps of Engineers nationwide or general permit under section 404 of the Clean Water Act and/or section 10 of the Rivers and Harbors Act of 1899.

Yes ☐ No ☐

(3) A finding of “adverse effect” to historic properties under the National Historic Preservation Act, the use of a resource protected under 23 U.S.C. 138 or 49 U.S.C. 303 (section 4(f)) except for actions resulting in de minimis impacts, or a finding of “may affect, likely to adversely affect” threatened or endangered species or critical habitat under the Endangered Species Act.

Yes ☐ No☐

(4) Construction of temporary access, or the closure of existing road, bridge, or ramps, that would result in major traffic disruptions.

Yes ☐ No☐

(5) Changes in access control.

Yes ☐ No☐

(6) A floodplain encroachment other than functionally dependent uses (e.g., bridges, wetlands) or actions that facilitate open space use (e.g., recreational trails, bicycle and pedestrian paths); or construction activities in, across or adjacent to a river component designated or proposed for inclusion in the National System of Wild and Scenic Rivers.

Yes ☐ No☐

July 14, 2017

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Illinois-Iowa Ecological Services Field Office Illinois & Iowa Ecological Services Field Office

1511 47th Ave Moline, IL 61265-7022

Phone: (309) 757-5800 Fax: (309) 757-5807

IPaC record locator: 746-8899897

Subject: Consistency letter for the 'FW-UPSA 101(1) Reconstruction of River Road Wildlife Drive (Rte. 101)' project under the December 15, 2016 FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat.

To whom it may concern:

The U.S. Fish and Wildlife Service (Service) has received your request dated to verify that the (Proposed Action)FW-UPSA 101(1) Reconstruction of River Road Wildlife Drive (Rte. 101) may rely on the December 15, 2016 FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat (PBO) to satisfy requirements under Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 ). Based on the information you provided (Projectet seq.

Description repeated below), the Proposed Action will have on the endangered Indianano effect bat ( ) or the threatened Northern long-eared bat ( ). If theMyotis sodalis Myotis septentrionalis Proposed Action is not modified, no consultation is required for these two species.

If the Proposed Action may affect any other federally-listed or proposed species or designated critical habitat, additional consultation between the lead Federal action agency and this Office is required. Please advise the lead Federal action agency for the Proposed Action accordingly.

The following species may occur in your project area and covered by this determination:are not

Eastern Prairie Fringed Orchid, (Platanthera leucophaea) (Threatened)

Higgins Eye (pearlymussel), (Lampsilis higginsii) (Endangered)

Sheepnose Mussel, (Plethobasus cyphyus) (Endangered)

07/14/2017 IPaC record locator: 746-8899897 2

Project Description The following project name and description was collected in IPaC as part of the endangered species review process.

Name

FW-UPSA 101(1) Reconstruction of River Road Wildlife Drive (Rte. 101)

Description

The Eastern Federal Lands Highway Division, of the Federal Highway Administration (FHWA), in cooperation with the Fish and Wildlife Service (FWS), is proposing to reconstruct River Road Wildlife Drive (Rte. 101) in the Lost Mound unit of the Upper Mississippi National Wildlife Refuge, in Carroll County, Illinois. The pavement is in very poor condition, with many potholes and shoulder sloughing off. There is evidence of significant ponding on the road surface, due to lack of positive drainage on both the roadway and the shoulders. Siltation buildup along the shoulders (likely from plowed snow) is evident throughout the project limits, and there is no evidence of existing viable ditches.

Work under the project includes rehabilitation and reconstruction of approximately 2.5 miles of River Road Wildlife Drive (Route 101). The pavement is in very poor condition and will require full depth reclamation (FDR) followed by an asphalt concrete or chip seal overlay.

Additional work items include the following:

• Grade shoulders to establish positive drainage and to re-establish ditches as needed.

• Construct several pull-offs intended for future placement of informational signs. Refuge will provide preferred locations of pull-offs. Placement of informational signs will not be part of this project.

• Evaluate guardrail need. Remove and replace existing guardrail as appropriate.

• Remove and replace five existing corrugated metal pipe (CMP) culverts. Maintain existing inverts.

• Construct three paved parking areas. One parking area will be small (three spaces), and the other two will be medium size (ten spaces each). Handicap parking spaces will be provided in accordance with ADA requirements.

07/14/2017 IPaC record locator: 746-8899897 3

Determination Key Result Based on your answers provided, this project will have no effect on the endangered Indiana bat and/or the threatened Northern longeared bat. No consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) (87 Stat. 884, as amended 16 U.S.C. 1531 ) is required for these two species.et seq.

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Qualification Interview Is the project within the range of the Indiana bat ?

[1] See Indiana bat species profile

Automatically answered

Yes

Is the project within the range of the Northern long-eared bat (NLEB)?

[1] See Northern long-eared bat species profile

Automatically answered

Yes

Which Federal Agency is the lead for the action?

A) Federal Highway Administration (FHWA)

Are project activities limited to non-construction activities only? (examples ofall non-construction activities include: bridge/abandoned structure assessments, property inspections, planning and technical studies, property sales, property easements, and equipment purchases)

No

Are project activities completely within the existing road/rail surface (e.g., road lineall painting)?

[1] Road surface is defined as the driving surface and shoulders (may be pavement, gravel, etc.) and rail surface is defined as the edge of the rail ballast.

Yes

Will the project raise the road profile within 1,000 feet of knownabove the tree canopy summer habitat (based on documented roosts and/or captures)?

No

Does the project include percussives or other activities (not including the removal of trees) that will increase noise levels above existing traffic/background levels?

No

Is there any suitable summer habitat for Indiana Bat or NLEB within the project area?

[1]

[1]

[1]

[1] http://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=A000 http://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=A0JE

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Is there any suitable summer habitat for Indiana Bat or NLEB within the project area?

(includes any trees suitable for maternity, roosting, foraging, or travelling habitat)

[1] See the Service’s for our current definitions of suitable habitat.summer survey guidance

No

Does the project include any ground disturbing activities?

Yes

Is the project located within a karst area?

No

Will the project include any type of activity that could impact a hibernaculum , orknown impact a karst feature (e.g., sinkhole, losing stream, or spring) that could result in effects to a hibernaculum?known

[1] For the purpose of this consultation, a hibernaculum is a site, most often a cave or mine, where bats hibernate during the winter (see suitable habitat), but could also include bridges and structures if bats are found to be hibernating there during the winter.

No

Does the project include any activities 0.5 miles of an Indiana bat and/or NLEBwithin hibernaculum ?

[1] For the purpose of this consultation, a hibernaculum is a site, most often a cave or mine, where bats hibernate during the winter (see suitable habitat), but could also include bridges and structures if bats are found to be hibernating there during the winter.

No

Does the project include any activities 300 feet from existing road/railgreater than surfaces?

No

Does the project include slash pile burning?

No

Does the project include any bridge removal and/or replacement activities?

No

[1]

[1]

[1] https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html

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Does the project include any bridge maintenance activities (e.g., any bridge repair, retrofit, maintenance, and/or rehabilitation work)?

No

Does the project include the removal and/or replacement of any structures other than a bridge? (e.g., rest areas, offices, sheds, outbuildings, barns, parking garages, etc.)

No

Does the project include maintenance activities of any structures other than a bridge? (e.g., rest areas, offices, sheds, outbuildings, barns, parking garages, etc.)

No

Will the project involve the use of lighting during thetemporary construction/maintenance activities?

No

Will the project install new (or replace existing) lighting?permanent

No

07/14/2017 IPaC record locator: 746-8899897 7

Determination Key Description: FHWA, FRA, FTA Programmatic Consultation For Transportation Projects Affecting NLEB Or Indiana Bat This key was last updated in IPaC on April 03, 2017. Keys are subject to periodic revision.

This decision key is intended for projects/activities funded or authorized by the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and/or Federal Transit Administration (FTA), which require consultation with the U.S. Fish and Wildlife Service (Service) under Section 7 of the Endangered Species Act (ESA) for the endangered Indiana bat ( ) and the threatened (NLEB) ( ).Myotis sodalis Northern long-eared bat Myotis septentrionalis

This decision key should be used to verify project applicability with the Service’s only revised . Theprogrammatic biological opinion for transportation projects dated December 15, 2016 programmatic biological opinion covers limited transportation activities that may affect either bat species, and addresses situations that are both likely and not likely to adversely affect either bat species. This decision key will assist in identifying the effect of a specific project/activity and applicability of the programmatic consultation. The programmatic biological opinion is not intended to cover all types of transportation actions. Activities outside the scope of the programmatic biological opinion, or that may affect ESA-listed species other than the Indiana bat or NLEB, or any designated critical habitat, may require additional ESA Section 7 consultation.

https://www.fws.gov/Midwest/endangered/section7/fhwa/index.html https://www.fws.gov/Midwest/endangered/section7/fhwa/index.html

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U.S. Fish & Wildlife Service Contact List Determination key office contact information

Assistant Director-Ecological Services 5275 Leesburg Pike, Ms: Es Falls Church, VA 22041-3803

(703) 358-2171

Offices with jurisdiction over project area

Illinois-Iowa Ecological Services Field Office Illinois & Iowa Ecological Services Field Office 1511 47th Ave Moline, IL 61265-7022

(309) 757-5800