Categorical Exclusion Form (NEPA).pdf

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

FW TREM 10(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: FW TREM 10(1) Date: 4/14/2022

Project Name: Trempealeau National Wildlife Refuge, Rehabilitation of Entrance Road and Reconstruction of Marshland Road

Location: Trempealeau National Wildlife Refuge Buffalo and Trempealeau Counties, Wisconsin

CE Category 23 CFR 771.117 (d): Additional actions that meet the criteria for a CE in the CEQ regulations (40 CFR 1508.4) and paragraph (a) 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 the U.S. Fish and Wildlife Service (USFWS), is proposing to rehabilitate Entrance Road (Route 10) and Marshland Road (Route 100) and realign the Marshland Road entrance within the Trempealeau National Wildlife Refuge (TREM) in Buffalo and Trempealeau Counties, Wisconsin. The total project length is approximately 1.64 miles and is located within Sections 2, 3, and 12 of Township 18 North, Range 10 West, and Section 34 of Township 19 North, Range 10 West of the Winona East Quadrangle. Proposed work will involve overlaying the asphalt pavement section of Entrance Road, installation of concrete pavement on the unpaved portion, and installation of new concrete open bottom culverts. Marshland Road will be rehabilitated by adding gravel overlay to the existing gravel pavement. The intersection of Marshland Road and Highway 35/54 will be realigned to the east to bypass the railroad crossing control, and the existing parking area at the Marshland Road entrance will be reconstructed.

Additional miscellaneous work will include the installation of signs, pavement markings, guardrail installation, access gate installation and updates, utility relocation or adjustment, and other miscellaneous road work.

Environmental Commitments and Mitigation Measures

Erosion Control Measures:

Erosion and sediment control measures including sediment barriers, diversion berms, and filter bags will be used as necessary.

Any erosion control matting shall be made of natural, biodegradable thread to prevent entrapment of local wildlife populations.

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

FW TREM 10(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Wildlife/Wildlife Habitat Tree removal shall not be conducted during the Northern Long-eared Bat (NLEB) active season (April 1 to October 31). If trees must be cleared within this period, NLEB presence/absence surveys shall be conducted by a qualified biologist prior to tree removal.

Prior to construction, presence/absence surveys shall be conducted by a qualified biologist or USFWS staff to determine the presence/absence of the White Lady’s-slipper (Crypipedium candidum), Brittle Prickly-pear (Opuntia fragilis), and violet. Results shall be submitted to the Endangered Resources (ER) Transportation Liaison.

Project work shall comply with the March 2020 Wisconsin Department of Natural Resources (DNR) Broad Incidental Take Permit/Authorization for the Blanchard’s Cricket Frog and Transportation Projects.

Construction crews shall be made aware of the potential presence of Wood Turtles (Glyptemys insculpta) in the project vicinity. If a Wood Turtle is encountered during project construction, the ER Transportation Liaison must be contacted immediately for further guidance.

Avoid vegetation clearing from May 25 – August 5 to avoid take of species protected under the Migratory Bird Treaty Act. If vegetation must be cleared within this window, conduct migratory bird nesting surveys prior to the removal of vegetation. Surveys should be conducted by a qualified biologist and results submitted to the ER Transportation Liaison.

Do not conduct work within the primary (750-foot radius) or secondary (750 - 1,320 foot radius) management zones of active bald eagle nests during the breeding/nesting season of December 15 - July 15 without the presence of USFWS staff or a biological monitor.

General Mitigation Measures:

All vehicles entering the worksite must be free of any vegetation and/or vegetation parts (seeds, stems, etc.) to avoid introduction of invasive species.

Summary of Section 7 of the Endangered Species Act Compliance The U.S. Fish and Wildlife Service’s (USFWS) Information for Planning and Consultation (IPaC) website was used to obtain an official species list on 3/15/2022. Four listed species and one candidate species were identified as having the potential to occur in the project area. USFWS prepared an Intra-Service Section 7 Biological Evaluation for the proposed project and determined that the proposed action would have no effect on the experimental population of the

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

FW TREM 10(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Whooping Crane, may affect, but is not likely to adversely affect the Northern long-eared bat, Higgins eye pearly mussel, and Sheepnose mussel, and is not likely to jeopardize the continued existence of the candidate Monarch Butterfly. Section 7 compliance will be revisited prior to project construction to ensure no changes have been made to the status of listed, proposed, or candidate species.

Summary of Section 106 of the National Historic Preservation Act Compliance Consultation with the Region 3 USFWS Regional Historic Preservation Officer (RHPO) on January 5, 2021, indicated that much of the project Area of Potential Effect (APE) has been previously disturbed by construction of the existing roadways, and that no historic properties or archaeological sites are known to occur in those areas. However, the portion of the APE where Marshland Road will be realigned would need a Phase I cultural resources survey as the level of disturbance in this area was unknown. FHWA conducted a Phase I cultural resources survey of the Marshland Road realignment in Fall 2021; no archeological deposits or features were found.

Utilizing the results of the Phase I survey, FHWA found that the proposed project would have no effect on historic properties; the State Historic Preservation Office concurred with FHWA’s findings on 3/3/2022.

FHWA consulted with the Bad River Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin, Forest County Potawatomi Community of Wisconsin, Ho-Chunk Nation, Lac Vieux Desert Band of Lake Superior Chippewa Indians, Prairie Island Indian Community, Red Cliff Band of Lake Superior Chippewa Indians, Sac and Fox Nation of Missouri in Kansas and Nebraska, Sac and Fox Nation of Oklahoma, and Sac and Fox of the Mississippi in Iowa on 2/4/2022. On 2/7/2022, the Forest County Potawatomi Community of Wisconsin (FCPC) requested additional information regarding the level of disturbance within the APE; FHWA relayed the requested information to FCPC on 2/8/2022, and FCPC responded that they had no further concerns regarding the requirements of Section 106 under the NHPA and that they concurred with the findings of the Phase I survey provided. No other Tribes provided comment.

Additional Agency Coordination and Compliance FHWA requested an Endangered Resource (ER) Review from the Wisconsin Department of Natural Resources, Bureau of Natural Heritage Conservation on 4/21/2021, to obtain a list of endangered resources that may be impacted by the project and identify measures to mitigate impacts to these species. Due to the confidential nature of the ER Review results, a copy of the report is available in the project record. Appropriate environmental commitments and mitigation measures have been applied to minimize or mitigate impacts to these species.

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

FW TREM 10(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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.

Kim Campo-Allen Environmental Protection Specialist Eastern Federal Lands Highway Division Federal Highway Administration

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 Eastern Federal Lands Highway Division Federal Highway Administration

KIMBERLY DIANE

CAMPO-ALLEN

Digitally signed by KIMBERLY

DIANE CAMPO-ALLEN

Date: 2022.04.14 13:47:58 -04'00'

KEVIN S ROSE Digitally signed by KEVIN S ROSE Date: 2022.04.14 13:59:46 -04'00'

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

FW TREM 10(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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):

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

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

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

FW TREM 10(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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

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

FW TREM 10(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: Northern Long-Eared Bat (Myotis septentrionalis), Whooping crane (Grus americana) experimental population, Higgins Eye (pearlymussel)(Lampsilis higginsii), Sheepnose Mussel (Plethobasus cyphyus), and candidate Monarch Butterfly (Danaus plexippus).