NEPA_CE_(Approved).pdf

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George Washington Memorial Parkway Federal contract opportunity
Solicitation number
693C73-19-B-000030
Issued by
Department of Transportation Federal Highway Administration

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NEPA_CE

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Plans_-_NP-GWMP_1(2),_2(4).pdf PDF
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NP-GWMP 1(2), 2(4) Page 1 of 4

Categorical Exclusion Form George Washington Memorial Parkway

Montgomery County, Maryland Arlington and Fairfax Counties, Virginia

Project Number: NP-GWMP 1(2), 2(4) Date: May 21, 2019 Project Name: Repair Selected Areas of Roadway on George Washington Memorial Parkway (Route 001, 002) and Clara Barton Parkway

Project Description:

The National Park Service (NPS), in cooperation with the Federal Highway Administration (FHWA), proposes to conduct emergency mill and overlay on 2.95 miles of George Washington Memorial Parkway’s (GWMP) North Section between Spout Run Parkway and I-495 (Routes 001, 002) and 1.88 miles of Clara Barton Parkway from MacArthur Boulevard to Chain Bridge Road. The emergency project work will be on large segments of significantly deteriorated pavement only. Emergency work is necessary to restore the deteriorated asphalt surface to improve ride and safety of the GWMP roadways. Project work includes milling and overlaying approximately 1.5 inches half lane width (6 feet wide) of pavement in areas of delamination and cracking. Base course, road base, and full depth work is not anticipated.

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:

- Project work is restricted to the travel lanes of the GWMP North Section and Clara Barton Parkway. Do not permit vehicles or machinery beyond the edge of the pavement unless approved by the CO. All areas beyond the edge of the pavement can be accessed on foot. No work is expected to occur off the roadway.

- The existing vegetation and maintained park-like landscape shall be protected throughout the duration of the project. Any vegetation removed from the cultural landscape shall be replaced to mitigate the loss and adhere to applicable historic planting plans.

- Do not disturb wildlife species found nesting, hibernating, estivating, or otherwise living in, or immediately nearby, work sites.

- Implement Best Management Practices to address any soil erosion and sediment control during project work. If land-disturbing activities equal or exceed 10,000 square feet, the construction activities will be required to comply with Virginia’s Department of Environmental Quality Erosion and Sediment Control Program.

- All equipment will be maintained in good working order to reduce the possibility of accidental fuel/oil spills.

- Any replacements or repairs shall be done so in-kind.

- In the event archeological resources are discovered during the project, work will

NP-GWMP 1(2), 2(4) Page 2 of 4 immediately halt and GWMP Cultural Resources Management notified so the site/find can be examined prior to resuming work.

- Any park infrastructure impacted during rehabilitation activities, including, but not limited to, paved and unpaved roadways, walkways, and turf, shall be restored to their original conditions upon completion of the project.

- Mill and overlay and repair work to the road surface and base of the George Washington Memorial Parkway and Clara Barton Parkway shall conform to the Secretary of the Interior’s Standards for Treatment of Historic Properties. No other features of the Parkway shall be impacted by the work. If Scope of Work changes, the GWMP Resource Management must be contacted for determination of additional compliance requirements.

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, 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 George Washington Memorial Parkway, National Park Service found no extraordinary circumstances and, therefore, categorically excluded the project from further NEPA analysis on May 14, 2019 under the categorical exclusion DOI 516 Departmental Manual (DM) 12.5(C)(9):

Repair, resurfacing, striping, installation of traffic control devices, repair/replacement of guardrails, etc., on existing roads.

Agency Coordination:

Agency coordination in regards to 23 CFR 771 is complete.

The NPS Superintendent and Interdisciplinary team reviewed historic properties and archeological resources. As defined in 36 CFR 800.16(d), the Area of Potential Effect (APE) consists of portion of the GWMP North Section from Windy Run Bridge to I-495 within Arlington and Fairfax Counties, Virginia, as well as sections of the Clara Barton Parkway from MacArthur Boulevard to Glen Echo in Montgomery County, Maryland. The APE has been surveyed. Within the APE is the GWMP Historic District, which is listed in the National Register of Historic Places.

The GWMP North Section and the Clara Barton Parkway contribute to the significance of the

NP-GWMP 1(2), 2(4) Page 3 of 4 historic district and area featured in the NPS List of Classified Structures. While documented archeological sites within the APE have been previously impacted by construction of the GWMP roadway, this project work will be confined to existing roadways and replacement will be in-kind. Therefore, this project is anticipated to have no adverse effects to archeological resources, cultural landscapes, ethnographic resources, historic structures, nor other National Historic Preservation Act Section 106 resources.

FHWA reviewed species, wetlands, flood zones, and other environmental attributes.

An April 2019 U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) project planning tool search and U.S. Department of Interior (DOI) FWS letters dated April 18, 2019 and April 25, 2019 identified one (1) threatened species (i.e., Northern Long-eared Bat); no critical habitats, refuge lands, or fish hatcheries; eleven (11) migratory birds; and six (6) wetlands (i.e., L1UBHx, PFO1E, R1UBV, R3UBH, R4SBC, R5UBH) that may occur within the boundary and/or may be affected by the proposed project. A determination was made in accordance with Section 7 of the Endangered Species Act that project work will have no effect on the Northern Long-eared Bat, as work is anticipated to be confined to existing roadways and replacements will be in-kind.

Environmental Screening Form NP-GWMP 1(2), 2(4) 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 Proposed project actions have the potential to occur in FEMA Flood Zones A and AE, areas subject to inundation by the 1-percent-annual-chance flood event, and Zone X, areas subject to inundation by the 0.2-percent-annual-chance flood hazard and 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-GWMP 1(2), 2(4) 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 Project is located in an Ozone 8-hr (1997 standard) maintenance area; Ozone 8-hr (2008 standard) maintenance and nonattainment area; Ozone 8-hr (2015 standard) nonattainment area; PM2.5 Annual (1997 standard) maintenance area; and CO (1990 standard) maintenance area.

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-GWMP 1(2), 2(4)

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 $33,003,090.30 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☐

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Virginia Ecological Services Field Office

6669 Short Lane

Gloucester, VA 23061-4410

Phone: (804) 693-6694 Fax: (804) 693-9032 http://www.fws.gov/northeast/virginiafield/

In Reply Refer To:

Consultation Code: 05E2VA00-2019-SLI-3484

Event Code: 05E2VA00-2019-E-08108

Project Name: GWMP 1(2), 2(4)

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 enclosed 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. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the

Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Any activity proposed on National Wildlife Refuge lands must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the

Act, the accuracy of this species list 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 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.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the

Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered

April 18, 2019 http://www.fws.gov/northeast/virginiafield/

04/18/2019 Event Code: 05E2VA00-2019-E-08108 2 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

▪ Official Species List

▪ USFWS National Wildlife Refuges and Fish Hatcheries

04/18/2019 Event Code: 05E2VA00-2019-E-08108 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Virginia Ecological Services Field Office

6669 Short Lane

Gloucester, VA 23061-4410

(804) 693-6694

04/18/2019 Event Code: 05E2VA00-2019-E-08108 2

Project Summary Consultation Code: 05E2VA00-2019-SLI-3484

Event Code: 05E2VA00-2019-E-08108

Project Name: GWMP 1(2), 2(4)

Project Type: TRANSPORTATION

Project Description: The National Park Service, together with the Federal Highway

Administration, propose to rehabilitate approximately 3 miles (12 lane miles) of George Washington Memorial Parkway from Spout Run

Parkway to Interstate-495. The project consists of immediate repairs of spot pavement patch work on East bound and West bound travel lanes.

Project work includes milling and overlaying 1.5" half travel land widths

(approximately 6 feet wide) in areas of delamination and cracking;

wedging and leveling patch areas where base course and road base are compromised; and other miscellaneous work. No new impervious surfaces will be created; the project will not cause any earth disturbance.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/38.93299646833587N77.12615347234336W

Counties: Arlington, VA | Fairfax, VA https://www.google.com/maps/place/38.93299646833587N77.12615347234336W https://www.google.com/maps/place/38.93299646833587N77.12615347234336W

04/18/2019 Event Code: 05E2VA00-2019-E-08108 3

Endangered Species Act Species There is a total of 1 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA

Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the

Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of

Commerce.

Mammals

NAME STATUS

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9045

Threatened

Critical habitats

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S

JURISDICTION.

https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/9045

04/18/2019 Event Code: 05E2VA00-2019-E-08108 1

USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a

'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

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

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Chesapeake Bay Ecological Services Field Office

177 Admiral Cochrane Drive

Annapolis, MD 21401-7307

Phone: (410) 573-4599 Fax: (410) 266-9127 http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

In Reply Refer To:

Consultation Code: 05E2CB00-2019-SLI-1290

Event Code: 05E2CB00-2019-E-03172

Project Name: GWMP 1(2), 2(4): Clara Barton Parkway

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 enclosed 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. This species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the

Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the

Act, the accuracy of this species list 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 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.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the

Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

April 25, 2019 http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

04/25/2019 Event Code: 05E2CB00-2019-E-03172 2

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

▪ Official Species List

▪ USFWS National Wildlife Refuges and Fish Hatcheries

▪ Wetlands

04/25/2019 Event Code: 05E2CB00-2019-E-03172 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Chesapeake Bay Ecological Services Field Office

177 Admiral Cochrane Drive

Annapolis, MD 21401-7307

(410) 573-4599

04/25/2019 Event Code: 05E2CB00-2019-E-03172 2

Project Summary Consultation Code: 05E2CB00-2019-SLI-1290

Event Code: 05E2CB00-2019-E-03172

Project Name: GWMP 1(2), 2(4): Clara Barton Parkway

Project Type: TRANSPORTATION

Project Description: The National Park Service, together with the Federal Highway

Administration, propose to rehabilitate approximately 6 lane miles of

Clara Barton Parkway (CLBAP) from MacArthur Boulevard to Chain

Bridge Road (East and West Bound). Project work includes milling and overlaying, with hot mix asphalt, approximately 1.5" of the existing pavement structure in areas of delamination and cracking; wedging and leveling patch areas where base course of asphalt and roadway sub-base are compromised from water intrusion; and other miscellaneous work. No new impervious surfaces will be created; the project will not cause any earth disturbance.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/38.95432377878131N77.12877523875284W

Counties: District of Columbia, DC | Montgomery, MD https://www.google.com/maps/place/38.95432377878131N77.12877523875284W https://www.google.com/maps/place/38.95432377878131N77.12877523875284W

04/25/2019 Event Code: 05E2CB00-2019-E-03172 3

Endangered Species Act Species There is a total of 1 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 1 of these species should be considered only under certain conditions.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA

Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the

Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of

Commerce.

Mammals

NAME STATUS

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

▪ Projects with a federal nexus that have tree clearing = to or > 15 acres: 1. REQUEST A

SPECIES LIST 2. NEXT STEP: EVALUATE DETERMINATION KEYS 3. SELECT

EVALUATE under the Northern Long-Eared Bat (NLEB) Consultation and 4(d) Rule

Consistency key

Species profile: https://ecos.fws.gov/ecp/species/9045

Threatened

Critical habitats

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S

JURISDICTION.

https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/9045

USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a

'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

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

Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section

404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of

Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

FRESHWATER FORESTED/SHRUB WETLAND

▪ PFO1E

LAKE

▪ L1UBHx

RIVERINE

▪ R3UBH

▪ R4SBC

▪ R5UBH

http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=PFO1E https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=L1UBHx https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R3UBH https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R4SBC https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R5UBH

National Park Service

U.S. Department of the Interior

Bradley A. Krueger, MA, RPA Cultural Resource Specialist

National Park Service George Washington Memorial Parkway c/o Turkey Run Park 700 George Washington Memorial Parkway McLean, VA 22101 703-289-2509 - direct 202-438-6641 - cell bradley_krueger@nps.gov mailto:bradley_krueger@nps.gov

FHWA GWMP 1(2), 2(4) NEPA CE_Signature Page
FHWA GWMP 1(2), 2(4) NEPA CE
Categorical Exclusion Form
George Washington Memorial Parkway
Montgomery County, Maryland
Arlington and Fairfax Counties, Virginia
Project Number: NP-GWMP 1(2), 2(4) Date: May 21, 2019
GWMP 1(2), 2(4) GWMP North Section_Species List_ Virginia Ecological Services Field Office
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Official Species List
Project summary
Endangered Species Act species
Mammals
Critical habitats

USFWS National Wildlife Refuge Lands and Fish Hatcheries

GWMP 1(2), 2(4) Clara Barton Pkwy_Species List_ Chesapeake Bay Ecological Services Field Office
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Official Species List
Project summary
Endangered Species Act species
Mammals
Critical habitats
USFWS National Wildlife Refuge Lands and Fish Hatcheries
Wetlands
PEPC 87459 Signed CatEx 5-14-2019
PEPC 87459 Signed AOE 5-14-2019
87459_LetterOfComp_2019_05_14

File details come from the government source that posted it.