NEPA_CE.pdf

Categorical Exclusion Form Occoquan Bay National Wildlife Refuge

Woodbridge, VA

Project Number: FW-OCBA T302{1) Date: August 23, 2017 Project Name: Replacement of Pipe Culverts and Rehabilita t ion of Deephole Point Road

Project Descript ion:

The Federal Highway Administration (FHWA), in cooperation with the U.S. Fish and Wi ldlife Service (FWS), will remove and rep lace cu lverts at four different locations along Deephole Point Road, rehabilitate Deephole Point Road from Fox Road to Easy Road, and remove and replace culverts at one location on Easy Road. Both roads are used as walking trails for pedestrians, and are only accessed by official government vehicles. The work will consist of removal of headwalls, removal of existing 24" pipe culverts, installation of new culverts, and reinforcing of the roadway. Temporary stream diversions will be installed and the work area will be dewatered. The concrete headwalls and pipe culverts at the first four sites along Deephole Point Road will be removed, and a new concrete arch culvert (12-foot span by 4-foot rise) will be installed. Riprap will be placed at the four locations, as needed. An aggregate overlay will also be placed on Deephole Point Road from milepost 0.4 to milepost 1.0, for a tota l of 0.6 miles of road . At the location on Easy Road, the existing pipe culverts would be removed and a new concrete arch culvert (12-foot span by 4-foot rise) will be installed. After work is completed, the temporary diversion will be removed, and the area will be restored. Staging will take place along Deepho le Point Road and Easy Road .

The sites will be evaluated and ranked by priority for replacement. If funding is not available to complete the repairs at all five sites, the highest priority site(s) will be completed until the remainder of the sites can be funded .

Category Used to Exclude the Act ion from Further NEPA Analysis:

23 CFR § 771.117{c)(22) Projects, as defined in 23 U.S.C. 101, which 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, cu lverts, drainage, fixed guideways, mitigat ion 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 t ransportation 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.

516 DM Chapter 8, 8.5(8)(2) The operation, maintenance, and management of existing facilities and routine recurring management activities and improvements, including renovations and replacements which result in no or only minor changes in the use, and have no or negligible environmental effects on-

FW-OCBA T302(1) Page 1 of 2 site or in the vicinity of the site, and (3) The construction of new, or the addition of,' small structures or improvements, including structures and improvements for the restoration of wetland, riparian, in stream, or native habitats, which result in no or only minor changes in the use of the affected local area .

Agency Coordination:

FHWA submitted the project review package to FWS's Virginia Field Office on April 4, 2017. In the Species Conclusion Table, FHWA determined that the project would have no effect on harperella and the rusty patched bumble bee. If tree clearing is necessary, it would be done outside of the pup season from June 1 through July 31 in accordance with the Programmatic Biological Opinion for the Final 4(d) Rule on the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions. The project is located within 660 feet of a bald eagle nest; however, the project activities are unlikely to disturb nesting bald eagles because a time of year restriction would be implemented. No work would occur from May 15 to August 31 and December 15 to March 15.

On April 21, 2017, FWS responded via email stating that they concurred with the determinations provided in the Species Conclusion Table. They also stated that no work should be completed within 330 feet of any bald eagle nest being used for breeding purposes from December 1 through June 30, the breeding season.

In a letter dated June 13, 2017, FHWA requested concurrence from the Virginia Department of Historic Resources (VDHR) that no historic properties, listed or eligible for listing on the National Register of Historic Places, would be affected by the proposed project. In a letter dated June 15, 2017, VDHR concurred with this determination and stated that no further identification efforts are needed in connection with this project.

FW-OCBA T302(1) Page 2 of 2

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

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

• Are there Wild and Scenic Rivers? DYes IZI No

If Yes, review by river-administering agency is required.

Clean Air Act:

• Is the project in a non-attainment area? IZI Yes D No

If Yes, is the project on the TIP/SIP? IZI Yes D No

Highway Traffic and Construction Noise Regulations:

• D 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 .

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

• IZI The proposed project is a Type Ill project (noise analysis not required) .

Environmental Justice and Title IV Act: -- -

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

D Yes !8l No If Yes, briefly explain:

• Will the project induce disproportionately high and adverse impacts to minority, low income or special groups? D Yes IZ! 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?

D Yes IZ! No

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

• D

• D

• D

Environmental Screening Form FW-OCBA T302(1) Page 2 of 2

Appendix A: Environmental Screening Form

Water and Wetlands:

• Section 404 of the Clean Water Act

Impacts to Waters of the US: !ZJ Yes O No

If Yes, approval anticipated:

C8:! Nationwide Permit O Regional General Permit O lndividual Permit

• Section 401 of the Clean Water Act

O NWP certified by State cgj lndividual Certification

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

O Yes cg] No Is Stormwater Management Review/Approval anticipated?

O Yes cg) No

• IZl Project is consistent with Executive Order 11900, Protection of Wetlands

Floodplains:

• IZl Project is consistent with Executive Order 119888, Floodplain Management

Section 4{f) of the USDOT Act:

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

~ Yes O No

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

O Yes O No If Yes, continue:

De Minimis Finding: 0

Programmatic: 0

Individual 4(f): 0

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

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

O Yes IZ! No

• If Yes, was documentation of approval from National Park Service Director received for the conversion or replacement of 6(f) property? O Yes O No

Coastal Zone Management Act of 1972:

• Not in Coastal Zone 0

• Concurrence with Federal Consistency Determination ~

Right of Way: -

• Project is completely within Federal right-of-way !2?J

• Project involves relocations or easements n Number of Easements Number of Relocations

Hazardous Waste and Materials:

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

EPA, County Environmental Health, etc. ) present? O Yes cgj No

Environmental Screening Form

FW-OCBA T302{1} Page 1 of 2

Determination:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I believe the project should be categorically excluded from further NEPA analysis.

(JJooMoodonD Lisa Landers Environmental Protection Specialist Federal Highway Administration Eastern Federal Lands Highway Division

Date

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I am categorically excluding the described project from further NEPA analysis. The project meets the 23 CFR 771.117(a) definition of a categorical exclusion. No unusual circumstances per 23 CFR 771.117(b) apply.

Approved :

Klvin S. Rose Environmental Team Leader Federal Highway Administration Eastern Federal Lands Highway Division

Approved :

Amanda Daisey Acting Refuge Manager Potomac River National Wildlife

FW-OCBA T302(1)

Date

Date

Page3 of 2

A d" B 23 CFR 771117 FHWA C t IE I .ppen IX • a egonca XC USIOilS • •

(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:

D (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.

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

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

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

D (S) 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.

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

D (7) Landscaping.

D (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.

D (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. -- D (10) Acquisition of scenic easements.

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

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

D (13) Ridesharing activities.

D (14) Bus and rail car rehabilitation.

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

D (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.

D (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

FW-OCBA T302(1)

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

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

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

D (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.

1:81 (22) Projects, as defined in 23 U.S.C. 101, which 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.

D {23) Federally-funded projects:

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

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

D (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.

D (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.

D (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.

D (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

FW-OCBA T302{1}

Page2 of 4

D (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.

D (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.

D (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:

D (1)-(3) [Reserved]

D (4) Transportation corridor fringe parking facilities.

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

D (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.

D (7) Approvals for changes in access control.

D (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.

D (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.

D (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.

D (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.

D (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

FW-OCBA T302(1)

Page 3of 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.

D (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 D No O

(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 O No 0

(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 D NoO

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

Yes O No O

(5) Changes in access control.

Yes D No O

(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 O NoD -

Categorical Exclusion Category

FW-OCBA T302{1)

From:

To:

Cc:

Subject:

Date:

Nystrom Sarah l,aOdelS Lisa (FHWA); Rose Keym lFHWA) Amanda oa,sev ProJect Review Request, FW·OCBA T302(1); Pnnce Wilham County, Virginia Fnday, Apnl 21, 2017 2:32:12 PM

We have reviewed the project package received on April 5, 2017 for the referenced project.

The following comments are provided under provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended, and Bald and Golden Eagle Protection Act ( 16 U.S. . 668-668c, 54 Stat. 250), as amended.

We concur with the determinations provided in the Species Conclusion Table dated March 27, 2017. No work should b completed within 330 feet of any bald eagle nest being used for breeding purposes during the breeding season, which is considered December I through June 30 in Virginia. If this recommendation can be implemented as proposed, we do not recommend that a permit under the Eagle Act be obtained for thi project. Should project plans change or if additional information on the distribution of listed specie or critical habitat becomes available, this determination may be reconsidered. If you have any questions, plea e contact me at (804) 824-2413, or via email at Sarah Nystrom(" fws.1:0, .

Thanks!

Sarah

Sarah Nystrom

Fish and Wildlife Biologist Virginia Field Office - Ecological Services 6669 Short Lane Gloucester, Virginia 2306 1

(804) 824-2413

COMMONWEALTH of VIRGINIA

Molly Joseph Wan!

Secr<1a1y ofNutrm1/ Heso111·cc., June 15, 2017

Department of Historic Resources 2801 Kensi ngton Avenue, Richmond, Virgi nia 2322 1

Kevin S. Ro e, Environmental Compliance Speciali · t Department of Transportation Federal Highway Administration Eastern Federal Lands Division 2 1400 Ridgetop Circle Sterling, VA 6511

Re: FW-OCBA T302 (I ), Rehabilitation of Deephole Point Road Occoquan Bay National W1ldlife Refuge Pri11ce William, Virginia OHR Project No. 20 17-0543

Dear Mr. Rose:

Ju lie V. Langan Oircctur l ei (!S04J)67-'.!.P3 Fax (804 I 3o 7-239 I www dhr v1 rgima go, 1 hank you for your letter of June 13, 20 17 requesting our concurrence with the Federal Highway Administration (FHWA)'s determination of No Historic Propert ie1> Affec ted for the referenced project. It is our under!>landing that the proposed project involves removing and replacing exi ting deteriorated pipe culverts at four locations as well as placing an aggregate overlay on approximately 0.60 miles ofDeephole Point Road. Further, the road will be raised in locations where it is regularly overtopped. In addition a culvert on Easy road will also be in:. talled.

Based on the documentation provided, it is our opinion that no further identification efforts are needed in connection with thi proj ect. T his letter provides our concurrence with the Fl IWA 's determination o f No Historic Properties Affected.

ff you have any questions concerning our comments, or if you require any further a sistance, please do not he~ita te to contact me at (804)482-6088.

Sincerely, Ethel R. Eaton, Ph.D., Senior Pol icy Analy:,t Review and ompliance Division

W,..,tcm Ret!ion Otlice 962 Kim~ Lan~ alcm, VA2-lt53

1cl (540) 387-544 3 fax ; ( 5-lll) 387-5-146

1',irthem Region Olli.:c 5357 t\l,1in Street

PO Bux 519 St.:phcn, i1y, VA 22655

1 cl : (540) !168-7029 ra~ : cs-101 86 .1033

Ea,tcm Region Onie~ 2WI Kcn,in¥lon Avenue

Richmond , VA 23221 Tel: ( 04) 367-2323 Fa~ (804)367-2391