Categorical Exclusion Form (NEPA).pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

MD SP NASA 2(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: MD SP NASA 2(1) Date: 8/29/2023

Project Name: Repair and Rehabilitation of NASA Access Bridge

Location: NASA Goddard Space Flight Center Prince George’s County, MD

CE Category 23 CFR 771.117(c)(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.

See 23 CFR 771.117 for full description of CE categories, including additional requirements when applying (c)26-28.

Project Description The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), in cooperation with NASA, will repair and rehabilitation the NASA access bridge over Baltimore-Washington Parkway.

The bridge (structure no. 2170-001P) needs emergency repair work following an incident where a flatbed transport vehicle crashed a small excavator into the underside of the bridge. Work includes bridge repair, bridge rehabilitation, pavement rehabilitation of bridge approaches and ramps, replacement of damaged guardrail, and other miscellaneous work.

Environmental Commitments and Mitigation Measures

• All work will occur between November 15 – March 31 to avoid impacts to the federally listed Northern-Long Eared Bat.

Summary of Section 7 of the Endangered Species Act Compliance On a letter dated 04/14/2023 the FWS concurred with the determination that the proposed project may affect but is not likely to adversely affect the endangered Northern Lon-Eared Bat.

Summary of Section 106 of the National Historic Preservation Act Compliance The NASA Parkway Bridge is owned and maintained by NASA Goddard Space Flight Center.

The bridge is outside of the Goddard Greenbelt Historic district and part of a collection of https://www.ecfr.gov/cgi-bin/text-idx?SID=842bb87055f89f1d0ff242f2b9e20ff7&mc=true&node=pt23.1.771&rgn=div5#se23.1.771_1117

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05) bridges as part of the Baltimore-Washington Parkway, a historic district. The bridge was evaluated as a non-contributing element to the Baltimore-Washington Parkway Historic District in both the Maryland Inventory of Historic Properties (MIHP) and National Register of Historic Register of Historic Places (NRHP). On a letter dated 08/03/2023 the Maryland State Historic Preservation Office concurred with NASA’s determination that there will be no adverse effect to historic properties within the Baltimore-Washington Parkway and the NASA Goddard Greenbelt.

Additional Agency Coordination and Compliance No permits or additional agency coordination is required.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

Categorical Exclusion Recommendation:

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.

Stephanie Dawson Environmental Protection Specialist

Federal Highway Administration

Date

Categorical Exclusion Determination:

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.

Kevin S. Rose Environmental Team Leader

Federal Highway Administration

Date

08/29/2023

08/29/2023

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

Appendix A: Environmental Checklist

Section 7 of the Endangered Species Act:

• Are Federally-listed species potentially present in the study area? ☒Yes, see Notesi ☐No

If Yes, effects determination:

☒No Effect ☒May Affect, Not Likely to Adversely Affect ☐May Affect, Likely to Adversely Affect

Section 106 of the National Historic Preservation Act:

• Are historic properties known to be present in the study area? ☒Yes ☐No

If Yes, will they be impacted by the project? ☐Yes ☒No

• Will previously undisturbed ground be disturbed?

☐Yes ☒No

• Effects determination:

☐No Historic Properties Affected ☒No Adverse Effect ☐Adverse Effect, MOA Executed

• Was tribal consultation completed? ☐Yes ☒No

Water and Wetlands:

• Section 404 of the Clean Water Act

Are impacts to Waters of the US anticipated? ☐Yes ☒No If Yes, approval anticipated:

☐Nationwide Permit (NWP) ☐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) Will the land disturbance threshold likely be exceeded to require a permit and SWPPP?

☐Yes ☒ No

• Is post-construction stormwater management review/approval anticipated? ☐Yes ☒No

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

Floodplains:

• Is the project in a FEMA floodplain?

☒Yes ☐No ☐ Floodplain not mapped

• ☒ Project is consistent with Executive Order 11988, Floodplain Management

Section 4(f) of the USDOT Act:

• Does the project meet the Section 4(f) exemption for Federal lands transportation facilities under

Section 1119(c)(2) of MAP-21, 23 U.S.C. 138(a)? ☒Yes ☐No

• Is there a use of a Section 4(f) property in the study area? ☐Yes ☐No

If Yes, De Minimis Finding:☐ Programmatic:☐ Individual 4(f): ☐

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

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:

• Is the project in a Coastal Zone? ☒Yes ☐No

• If yes, will a Federal Consistency Review be completed? ☐Yes ☒No

Right of Way:

• Is the project completely within the transportation facility’s right-of-way? ☒Yes ☐No

• If no, will the project require relocations or easements? ☐Yes ☐No

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? ☐Yes ☐No, plan for securing information provided in Notes Section 7(a) of the Wild and Scenic Rivers Act:

• Are there Wild and Scenic Rivers? ☐Yes ☒No ☐Eligible If Yes, has review by the river-administering agency been completed? ☐Yes ☐No

Clean Air Act:

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

If Yes, is the project on the Transportation Improvement Program(TIP)/State Implementation Plan(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).

• ☒ Does not apply.

Environmental Justice and Title IV Act:

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

☐Yes, explanation provided in Notes section ☒No

• Will the project induce disproportionately high and adverse impacts to minority, low income, or special groups? ☐Yes, additional analysis is needed ☒No Farmland Protection Policy Act for Highway Projects:

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

☐Yes ☒No

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

Greenhouse Gas Emissions and Climate Change

• Have greenhouse gas (GHG) emissions and climate change considerations been integrated into the planning, design, acquisition and/or construction processes? ☐Yes ☒No Comments:

• Have GHG emissions or reductions been quantified for the expected lifetime of the action?

☐Yes ☒No Comments:

• Does the project consider biogenic carbon dioxide sources, carbon stock, and the project’s overall carbon footprint? ☐Yes ☒No Comments:

• Does the project include resilience and adaptation measures to address climate change?

☐Yes ☒No Comments:

Does the project affect any other resources not listed above? Explain below and list anticipated permits:

i Federally listed species per U.S. Fish and Wildlife Service’s IPaC:

• Norther Long-eared Bat (Myotis septentrionalis)