NEPA_CE.pdf

NP-GRSM 116(1) Page 1 of 5

Categorical Exclusion Form Great Smoky Mountains National Park

Swain County, North Carolina

Project Number: NP-GRSM 116(1) Date: April 4, 2019 Project Name: Pavement Preservation of Deep Creek Area Roads

Project Description:

The National Park Service (NPS), in cooperation with the Federal Highway Administration (FHWA), proposes to complete pavement preservation on Deep Creek area roads in the Great Smoky Mountains National Park. The project length is 3.29 miles. Project work includes asphalt concrete overlay of the Deep Creek area roads, parking areas, and pull-offs; pavement patching; full depth pavement patching; crack cleaning and sealing; permanent pavement markings; shoulder reconditioning; ditch reconditioning; and other miscellaneous work. Soil disturbing activities include excavation associated with pavement patching, shoulder reconditioning, and ditch reconditioning. The total disturbed area for the project is approximately 0.24 acres. No new impervious surfaces will be created by the work specified under this project.

Mitigation Measures:

For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to:

- In the event of the discovery of unanticipated cultural resources, work will halt and the archeologist will be contacted. Work will not resume until archeologist gives approval to resume.

- Monitor revegetation success for up to 3 years following projects, implementing remedial and control measures as needed. Remedial actions could include installation of erosion control structures, reseeding, and/or replanting the area, and controlling non-native plant species.

- Construction sites will abide by best management practices regarding avoidance of tree damage. Trees will have fencing established to prevent vehicle damage to main stem, root pruning will be used to trim roots within below grade work zones, care will be given to avoid compaction of soils over root systems.

- Do not place straw on disturbed lands. Reseed with park approved seed mix only.

- Imported materials shall be specified clean and weed free and the materials source identified to the park project manager.

- AA public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented. This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences.

- Erosion control methods shall be used to prevent silt-laden water from entering the

NP-GRSM 116(1) Page 2 of 5 stream. These may include, but are not limited to, silt fencing, filter fabric, excelsior or fumigated straw filter logs, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. In order to prevent import of non-native plants, straw bales or non-fumigated products shall not be permitted. This measure is designed to keep fine and coarse sediments from reaching flowing waters where they can be transported downstream and may affect spawning gravels, substrate embeddedness, pool frequency/quality and the development of large pools. Silt protection structures should be inspected and cleaned out periodically.

- Notify cultural resource staff in advance of any changes to the work plan that would alter the footprint of this road resource. Notify cultural resource staff in the event an inadvertent discovery of cultural resources is made and notification of changes in project plans (e.g., additional roads resurfaced, widening beyond existing pavement, more than minor work grading in existing roadside ditches).

- In accordance with the March 21, 2019 U.S. Department of the Interior (DOI) Fish and Wildlife Service (FWS) not likely to adversely affect (NLAA) Concurrence Verification Letter, the following avoidance and minimization measures (AMMs) were accepted and must be implemented:

o Ensure all operators, employees, and contractors working in areas of known or presumed bat habitat are aware of all FHWA/FRA/FTA (Transportation Agencies) environmental commitments, including all applicable AMMs.

o Direct temporary lighting away from suitable habitat during the active season.

Coordinate with the U.S. FWS Asheville, North Carolina Ecological Services Field Office for appropriate season dates.

o If bats are detected during construction, a Post Assessment Discovery of Bats at Bridge/Structure Form (User Guide Appendix E) must be submitted to the U.S.

Fish and Wildlife Service (FWS) Asheville, North Carolina Ecological Services Field Office.

- In the event bat(s) are encountered before or during construction, halt all work and notify the CO and Park natural resource staff immediately. Work will resume once the CO and/or Park natural resource staff gives approval to resume. If work outside of the previously defined areas becomes necessary, the CO is to be contacted prior to the start of this work.

Category Used to Exclude the Action from Further NEPA Analysis:

23 CFR § 771.117(c)(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, NP-GRSM 116(1) Page 3 of 5 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.

The National Park Service made the assessment of no adverse effect and categorically excluded the project from further analysis, as documented in the Letter of Compliance Completion dated August 2, 2018.

Agency Coordination:

Agency coordination in regards to 23 CFR 771 is complete.

The NPS Superintendent and Interdisciplinary team reviewed the scope of work and supporting documentation provided in the Planning, Environment, and Public Comment (PEPC) system, and all applicable associated compliance documentation and consultation (e.g., National Environmental Policy Act, National Historic Preservation Act (NHPA), Endangered Species Act, Clean Water Act, Clean Air Act, Wilderness Act, Tribal consultation under EO 13175, other related laws and policies). FHWA reviewed species, wetlands, flood zones, and other environmental attributes.

An April 2019 search in the U.S. FWS National Wetlands Inventory mapper tool, U.S. FWS Information for Planning and Consultation (IPaC) project planning tool search, and a U.S.

Department of Interior FWS letter dated March 18, 2019 identified 11 threatened, endangered, or candidate species; 1 critical habitat; 4 migratory birds; and known wetland areas (i.e., Riverine R2UBH and R3UBH) that may occur within the boundary of the proposed project and/or may be affected by the proposed project.

FHWA coordinated with the U.S. FWS in March 2019. A NLAA Concurrence Verification Letter was provided to FHWA on March 21, 2019. According to the letter:

The U.S. Fish and Wildlife Service (Service) has received your request dated to verify that the NP-GRSM 116(1) (Proposed Action) may rely on the concurrence provided in the February 5, 2018, 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 et seq.).

Based on the information you provided (Project Description shown below), you have determined that the Proposed Action is within the scope and adheres to the criteria of the PBO, including the adoption of applicable avoidance and minimization measures, may affect, but is not likely to adversely affect (NLAA) the endangered Indiana bat (Myotis sodalis) and/or the threatened Northern long-eared bat (Myotis

NP-GRSM 116(1) Page 4 of 5 septentrionalis).

The Service has 14 calendar days to notify the lead Federal action agency or designated non- federal representative if we determine that the Proposed Action does not meet the criteria for a NLAA determination under the PBO. If we do not notify the lead Federal action agency or designated non-federal representative within that timeframe, you may proceed with the Proposed Action under the terms of the NLAA concurrence provided in the PBO. This verification period allows Service Field Offices to apply local knowledge to implementation of the PBO, as we may identify a small subset of actions having impacts that were unanticipated. In such instances, Service Field Offices may request additional information that is necessary to verify inclusion of the proposed action under the PBO.

The FWS did not notify FHWA within their self-imposed 14 calendar days; therefore, FHWA may proceed with the Proposed Action under the terms of the NLAA concurrence provided in the

PBO.

The NPS completed NHPA compliance consultation and cleared the proposed project/action(s) in August 2018. In the event of the discovery of unanticipated cultural resources, work will halt and the archeologist will be contacted. Work will not resume until archeologist gives approval to resume.

Environmental Screening Form NP-GRSM 116(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 11900, Protection of Wetlands Floodplains:

• ☒ Project is consistent with Executive Order 11988, Floodplain Management Proposed project actions have the potential to occur in FEMA Flood Zone AE, areas subject to inundation by the 1-percent-annual-chance flood event, and Zone X, area of minimal flood hazard.

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________

Environmental Screening Form NP-GRSM 116(1) Page 2 of 2

Hazardous Waste and Materials:

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

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

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

FHWA secures any appropriate documentation, approvals, or disapprovals for applicable hazardous materials or contamination regulations and maintains oversight to ensure thresholds are not exceeded.

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

NP-GRSM 116(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 $5,500,515.05 of Federal funds; or

(ii) With a total estimated cost of not more than $33,003,090.03 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☐

Letter of Compliance Completion - Pavement Preservation of Deep Creek Area Roads - PEPC ID: 77206

National Park Service U.S. Department of the Interior

Great Smoky Mountains National Park Date: 08/02/2018

Letter of Compliance Completion

To: Imelda Wegwerth

From: Mark Collins

Subject: NEPA and NHPA Clearance: Pavement Preservation of Deep Creek Area Roads (PEPC: 77206)(PMIS:

157219)

NEPA and NHPA Compliance Complete. For complete compliance information see PEPC Project 77206.

The Superintendent and Interdisciplinary team have reviewed the scope of work and supporting documentation provided in the Planning, Environment, and Public Comment (PEPC) system, and all applicable associated compliance documentation and consultation (e.g. National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, Clean Water Act, Clean Air Act, Wilderness Act, Tribal consultation under EO13175, and other related laws and policies).

The subject proposed project/action(s), therefore, is/are now cleared for all compliance requirements. Project plans and specifications are approved, project funds may be released, and construction and/or project implementation can commence with the following mitigations and conditions/stipulations.

Required Mitigations - For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to.

• In the event of the discovery of unanticipated cultural resources, work will halt and the archeologist will be contacted. Work will not resume until archeologist gives approval to resume.

• Monitor revegetation success for up to 3 years following projects, implementing remedial and control measures as needed. Remedial actions could include installation of erosion control structures, reseeding, and/or replanting the area, and controlling non-native plant species.

• Construction sites will abide by best management practices regarding avoidance of tree damage. Trees will have fencing established to prevent vehicle damage to main stem, root pruning will be used to trim roots within below grade work zones, care will be given to avoid compaction of soils over root systems.

• Do not place straw on disturbed lands. Reseed with park approved seed mix only.

• Imported materials shall be specified clean and weed free and the materials source identified to the park project manager.

• A public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented. This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences

• Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to, silt fencing, filter fabric, excelsior or fumigated straw filter logs, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. In order to prevent import of non-native plants, straw bales or non-fumigated products shall not be permitted. This measure is designed to keep fine and coarse sediments from reaching flowing waters where they can be transported downstream and may affect spawning gravels, Letter of Compliance Completion - Pavement Preservation of Deep Creek Area Roads - PEPC ID: 77206 substrate embeddedness, pool frequency/quality and the development of large pools. Silt protection structures should be inspected and cleaned out periodically.

• Notify cultural resource staff in advance of any changes to the work plan that would alter the footprint of this road resource.

NHPA Recommendations for Conditions or Stipulations:

See project mitigation list - notification of cultural resource staff in the event an inadvertent discovery of cultural resources is made and notification of changes in project plans (for example -additional roads resurfaced, widening beyond existing pavement, more than minor work grading in existing roadside ditches).

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Asheville Ecological Services Field Office

160 Zillicoa Street

Asheville, NC 28801-1082

Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html

In Reply Refer To:

Consultation Code: 04EN1000-2019-I-0210

Event Code: 04EN1000-2019-E-00601

Project Name: NP-GRSM 116(1)

Subject: Concurrence verification letter for the 'NP-GRSM 116(1)' project under the revised

February 5, 2018, 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

NP-GRSM 116(1) (Proposed Action) may rely on the concurrence provided in the February 5, 2018, 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 et seq.).

Based on the information you provided (Project Description shown below), you have determined that the Proposed Action is within the scope and adheres to the criteria of the PBO, including the adoption of applicable avoidance and minimization measures, may affect, but is not likely to adversely affect (NLAA) the endangered Indiana bat (Myotis sodalis) and/or the threatened

Northern long-eared bat (Myotis septentrionalis).

The Service has 14 calendar days to notify the lead Federal action agency or designated non-federal representative if we determine that the Proposed Action does not meet the criteria for a

NLAA determination under the PBO. If we do not notify the lead Federal action agency or designated non-federal representative within that timeframe, you may proceed with the Proposed

Action under the terms of the NLAA concurrence provided in the PBO. This verification period allows Service Field Offices to apply local knowledge to implementation of the PBO, as we may identify a small subset of actions having impacts that were unanticipated. In such instances, Service Field Offices may request additional information that is necessary to verify inclusion of the proposed action under the PBO.

March 21, 2019 http://www.fws.gov/nc-es/es/countyfr.html

03/21/2019 Event Code: 04EN1000-2019-E-00601 2

For Proposed Actions that include bridge/structure removal, replacement, and/or maintenance activities: If your initial bridge/structure assessments failed to detect Indiana bats, but you later detect bats during construction, please submit the Post Assessment Discovery of

Bats at Bridge/Structure Form (User Guide Appendix E) to this Service Office. In these instances, potential incidental take of Indiana bats may be exempted provided that the take is reported to the Service.

If the Proposed Action is modified, or new information reveals that it may affect the Indiana bat and/or Northern long-eared bat in a manner or to an extent not considered in the PBO, further review to conclude the requirements of ESA Section 7(a)(2) may be required. If the Proposed

Action may affect any other federally-listed or proposed species, and/or any designated critical habitat, additional consultation is required. If the proposed action has the potential to take bald or golden eagles, additional coordination with the Service under the Bald and Golden Eagle

Protection Act may also be required. In either of these circumstances, please contact this Service

Office.

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

▪ Appalachian Elktoe, Alasmidonta raveneliana (Endangered)

▪ Carolina Northern Flying Squirrel, Glaucomys sabrinus coloratus (Endangered)

▪ Gray Bat, Myotis grisescens (Endangered)

▪ Littlewing Pearlymussel, Pegias fabula (Endangered)

▪ Noonday Snail, Mesodon clarki nantahala (Threatened)

▪ Rock Gnome Lichen, Gymnoderma lineare (Endangered)

▪ Spotfin Chub, Erimonax monachus (Threatened)

▪ Spruce-fir Moss Spider, Microhexura montivaga (Endangered)

▪ Virginia Spiraea, Spiraea virginiana (Threatened)

03/21/2019 Event Code: 04EN1000-2019-E-00601 3

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

Name

NP-GRSM 116(1)

Description

The National Park Service (NPS), in cooperation with the Federal Highway Administration

(FHWA), proposes to complete pavement preservation of 3.29 miles of Deep Creek Area

Roads in the Great Smoky Mountains National Park. The project begins at the Park boundary line for West Deep Creek Road and East Deep Creek Road. The decks of Bridge Structure

Numbers 5460-100P and 5460-106P will not be paved. Project work includes applying an asphalt concrete overlay of the Deep Creek area roads, parking areas, and pull-offs; pavement patching; crack cleaning and sealing; permanent pavement markings; shoulder reconditioning; ditch reconditioning; and other miscellaneous work. Soil disturbing activities include excavation associated with pavement patching, shoulder reconditioning, and ditch reconditioning. The total disturbed area for the project is approximately 0.24 acres. No new impervious surfaces will be created by the work specified under this project.

03/21/2019 Event Code: 04EN1000-2019-E-00601 4

Determination Key Result Based on your answers provided, this project(s) may affect, but is not likely to adversely affect the endangered Indiana bat and/or the threatened Northern long-eared bat. Therefore, 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 et seq.) is required. However, also based on your answers provided, this project may rely on the concurrence provided in the revised February 5, 2018, FHWA, FRA, FTA Programmatic

Biological Opinion for Transportation Projects within the Range of the Indiana Bat and Northern

Long-eared Bat.

Qualification Interview

1. Is the project within the range of the Indiana bat ?

[1] See Indiana bat species profile

Automatically answered

Yes

2. Is the project within the range of the Northern long-eared bat ?

[1] See Northern long-eared bat species profile

Automatically answered

Yes

3. Which Federal Agency is the lead for the action?

A) Federal Highway Administration (FHWA)

4. Are all project activities limited to non-construction activities only? (examples of non-construction activities include: bridge/abandoned structure assessments, surveys, planning and technical studies, property inspections, and property sales)

[1] Construction refers to activities involving ground disturbance, percussive noise, and/or lighting.

No

5. Does the project include any activities that are greater than 300 feet from existing road/ rail surfaces ?

[1] Road surface is defined as the actively used [e.g. motorized vehicles] driving surface and shoulders [may be pavement, gravel, etc.] and rail surface is defined as the edge of the actively used rail ballast.

No

[1]

[1]

[1]

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

03/21/2019 Event Code: 04EN1000-2019-E-00601 5

6. Does the project include any activities within 0.5 miles of a known Indiana bat and/or

NLEB 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

7. Is the project located within a karst area?

No

8. Is there any suitable summer habitat for Indiana Bat or NLEB within the project action area ? (includes any trees suitable for maternity, roosting, foraging, or travelling habitat)

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

[2] The action area is defined as all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action (50 CFR Section 402.02). Further clarification is provided by the national consultation FAQs.

Yes

9. Will the project remove any suitable summer habitat and/or remove/trim any existing trees within suitable summer habitat?

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

No

10. Does the project include activities within documented Indiana bat habitat ?

[1] Documented roosting or foraging habitat – for the purposes of this consultation, we are considering documented habitat as that where Indiana bats and/or NLEB have actually been captured and tracked using (1) radio telemetry to roosts; (2) radio telemetry biangulation/triangulation to estimate foraging areas; or (3) foraging areas with repeated use documented using acoustics. Documented roosting habitat is also considered as suitable summer habitat within 0.25 miles of documented roosts.)

[2] For the purposes of this key, we are considering documented corridors as that where Indiana bats and/or

NLEB have actually been captured and tracked to using (1) radio telemetry; or (2) treed corridors located directly between documented roosting and foraging habitat.

No

[1]

[1]

[2]

[1]

[1][2] https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html https://www.fws.gov/endangered/what-we-do/faq.html#18 https://www.fws.gov/midwest/endangered/mammals/inba/inbasummersurveyguidance.html

03/21/2019 Event Code: 04EN1000-2019-E-00601 6

11. Does the project include activities within documented NLEB habitat ?

[1] Documented roosting or foraging habitat – for the purposes of this consultation, we are considering documented habitat as that where Indiana bats and/or NLEB have actually been captured and tracked using (1) radio telemetry to roosts; (2) radio telemetry biangulation/triangulation to estimate foraging areas; or (3) foraging areas with repeated use documented using acoustics. Documented roosting habitat is also considered as suitable summer habitat within 0.25 miles of documented roosts.)

[2] For the purposes of this key, we are considering documented corridors as that where Indiana bats and/or

NLEB have actually been captured and tracked to using (1) radio telemetry; or (2) treed corridors located directly between documented roosting and foraging habitat.

No

12. Does the project include maintenance of the surrounding landscape at existing facilities

(e.g., rest areas, stormwater detention basins)?

No

13. Does the project include wetland or stream protection activities associated with compensatory wetland mitigation?

No

14. Does the project include slash pile burning?

No

15. Does the project include any bridge removal, replacement, and/or maintenance activities

(e.g., any bridge repair, retrofit, maintenance, and/or rehabilitation work)?

No

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

No

17. Will the project involve the use of temporary lighting during the active season?

Yes

18. Is there any suitable habitat within 1,000 feet of the location(s) where temporary lighting will be used?

Yes

[1][2]

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19. Will the project install new or replace existing permanent lighting?

No

20. Does the project include percussives or other activities (not including tree removal/ trimming or bridge/structure work) that will increase noise levels above existing traffic/ background levels?

Yes

21. Will the activities that use percussives (not including tree removal/trimming or bridge/ structure work) and/or increase noise levels above existing traffic/background levels be conducted during the active season ?

[1] Coordinate with the local Service Field Office for appropriate dates.

Yes

22. Will any activities that use percussives (not including tree removal/trimming or bridge/ structure work) and/or increase noise levels above existing traffic/background levels be conducted during the inactive season ?

[1] Coordinate with the local Service Field Office for appropriate dates.

Yes

23. Are all project activities that are not associated with habitat removal, tree removal/ trimming, bridge and/or structure activities, temporary or permanent lighting, or use of percussives, limited to actions that DO NOT cause any additional stressors to the bat species?

Examples: lining roadways, unlighted signage , rail road crossing signals, signal lighting, and minor road repair such as asphalt fill of potholes, etc.

Yes

24. Will the project raise the road profile above the tree canopy?

No

25. Are the project activities that use percussives (not including tree removal/trimming or bridge/structure work) consistent with a Not Likely to Adversely Affect determination in this key?

Automatically answered

Yes, because the activities are within 300 feet of the existing road/rail surface, greater than

0.5 miles from a hibernacula, conducted during the active season, and are not within documented habitat

[1]

[1]

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26. Are the project activities that use percussives (not including tree removal/trimming or bridge/structure work) and/or increase noise levels above existing traffic/background levels consistent with a No Effect determination in this key?

Automatically answered

Yes, because the activities are within 300 feet of the existing road/rail surface, greater than

0.5 miles from a hibernacula, and conducted during the inactive season

27. General AMM 1

Will the project ensure all operators, employees, and contractors working in areas of known or presumed bat habitat are aware of all FHWA/FRA/FTA (Transportation

Agencies) environmental commitments, including all applicable Avoidance and

Minimization Measures?

Yes

28. Lighting AMM 1

Will all temporary lighting be directed away from suitable habitat during the active season?

Yes

Project Questionnaire

1. Have you made a No Effect determination for all other species indicated on the FWS IPaC generated species list?

Yes

2. Have you made a May Affect determination for any other species on the FWS IPaC generated species list?

No

Avoidance And Minimization Measures (AMMs) This determination key result includes the committment to implement the following Avoidance and Minimization Measures (AMMs):

GENERAL AMM 1

Ensure all operators, employees, and contractors working in areas of known or presumed bat habitat are aware of all FHWA/FRA/FTA (Transportation Agencies) environmental commitments, including all applicable AMMs.

03/21/2019 Event Code: 04EN1000-2019-E-00601 9

LIGHTING AMM 1

Direct temporary lighting away from suitable habitat during the active season.

03/21/2019 Event Code: 04EN1000-2019-E-00601 10

Determination Key Description: FHWA, FRA, FTA Programmatic Consultation For Transportation Projects Affecting NLEB Or Indiana Bat This key was last updated in IPaC on March 16, 2018. 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

(Myotis sodalis) and the threatened Northern long-eared bat (NLEB) (Myotis septentrionalis).

This decision key should only be used to verify project applicability with the Service’s February

5, 2018, FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects. The 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

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Asheville Ecological Services Field Office

160 Zillicoa Street

Asheville, NC 28801-1082

Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html

In Reply Refer To:

Consultation Code: 04EN1000-2019-SLI-0210

Event Code: 04EN1000-2019-E-00568

Project Name: NP-GRSM 116(1)

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of

1973, as amended (16 U.S.C. 1531 et seq.).

This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife

Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc_counties.html. The AFO website list includes “species of concern” species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are:

Design and Construction Recommendations https://www.fws.gov/asheville/htmls/project_review/Recommendations.html

Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant_survey.html

Northern long-eared bat Guidance https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html

Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html

March 18, 2019 http://www.fws.gov/nc-es/es/countyfr.html https://www.fws.gov/raleigh/species/cntylist/nc_counties.html https://www.fws.gov/raleigh/species/cntylist/nc_counties.html https://www.fws.gov/asheville/htmls/project_review/Recommendations.html https://www.fws.gov/nc-es/plant/plant_survey.html https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html https://www.fws.gov/asheville/htmls/Maxent/Maxent.html

03/18/2019 Event Code: 04EN1000-2019-E-00568 2

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists.

Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website.

The purpose of…