Amendment 0001 - GA NP CHCH Multi (1).pdf

(x)

693C7324B000013 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

ASHBURN VA 20147

ATTN: CONSTRUCTION

693C73

SUITE E2-3-300

QUANTUM PARK, 22001 LOUDOUN COUNTY PKWY

EASTERN FEDERAL LANDS HIGHWAY DIVISION

FEDERAL HIGHWAY ADMINISTRATION

ASHBURN VA 20147

ATTN: ACQUISITIONS

693C73

SUITE E2-3-300

QUANTUM PARK, 22001 LOUDOUN COUNTY PKWY

EASTERN FEDERAL LANDS HIGHWAY DIVISION

FEDERAL HIGHWAY ADMINISTRATION

See Block 1406/21/20240001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/31/2024

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Project GA NP CHCH Multi (1):

The purpose of this Amendment is to provide the Categorical Exclusion Form (NEPA) (FHWA) document and its attachments as a single printable document.

The Bid Opening Date of Tuesday, July 2, 2024, at 2:00 p.m. EDT remains unchanged.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Amendment No. 0001

Amendment Info Page 1 of 1

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

EASTERN FEDERAL LANDS HIGHWAY DIVISION

Amendment No. 0001

Project GA NP CHCH Multi (1)

Chickamauga and Chattanooga National Military Park

Solicitation: 693C73-24-B-000013

The purpose of this Amendment is to provide the Categorical Exclusion Form (NEPA) (FHWA) document and its attachments as a single printable document.

The Bid Opening Date of Tuesday, July 2, 2024, at 2:00 p.m. EDT remains unchanged.

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

GA NP CHCH Multi (1)

Eastern Federal Lands Highway Division

NEPA Categorical Exclusion Form

Project Number: GA NP CHCH Multi (1) Date: 12/21/2023

Project Name: Rehabilitation of Brotherton Road and Glenn-

Viniard Road

Location: Chickamauga and Chattanooga National Military

Park, Walker and Catoosa Counties, Georgia

CE Category 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 [...]

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 National Park Service (NPS), proposes to repair, rehabilitate, and reconstruct Brotherton Road and Glenn-Viniard Road in Chickamauga and Chattanooga National

Military Park. Proposed work will include the following: roadway excavation; asphalt pavement full-depth rehabilitation or reconstruction; milling and overlay; chip seal treatment; shoulder stabilization; drainage improvements; culvert cleanouts; repointing or removing and resetting historic stone masonry headwalls; resurfacing of associated parking areas; signing; pavement markings; and other miscellaneous work. Due to the presence of historic stone-lined gutters along each roadway, minor road realignments away from the historic gutters may also occur.

Any road realignments would be minor – generally no more than a few inches – to avoid adversely impacting the historic drainage features during road reconstruction.

Environmental Commitments and Mitigation Measures

The following is a summary of project Environmental Commitments and Mitigation Measures.

For a complete list of Environmental Commitments and Mitigation Measures, refer to the NPS

Categorical Exclusion Documentation Form, PEPC Project Number 100088, and associated compliance documents.

The Contractor will be required to prepare and implement a Storm Water Pollution

Prevention Plan (SWPPP) and a Spill Prevention, Control, and Countermeasure Plan

(SPCC) as required in the Standard Specifications (FP-14).

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

GA NP CHCH Multi (1)

Eastern Federal Lands Highway Division

NEPA Categorical Exclusion Form

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

Protect and preserve historic road features, such as stone culverts, headwalls, and stone-lined ditches.

Maintain existing road cross section as much as possible.

Maintain existing road grade as much as possible.

If regrading is necessary, conform to the natural topography to the greatest extent possible.

Avoid excessive cuts/fills that appear unnatural.

Use stabilized turf shoulders, where necessary.

Do not stripe roads, unless the NPS determines it necessary for traffic/speed safety.

Resurface with materials that appear natural in color and texture, such as brown stone/gravel.

Avoid asphalt road surface treatments that appear black/blue-gray in color.

Ensure an archaeological monitor is present for road rehabilitation activities consisting of reconstruction, culvert cleaning, ditch reconditioning, removal and resetting of stone masonry headwalls, repointing of stone masonry headwalls, and ground disturbing work for utility boxes and traffic systems.

Ensure headwalls are rehabilitated using the same materials. If headwalls are to be temporarily removed, they will be rebuilt to match their original layout. Mortar used for repointing will match the current mortar.

Summary of Section 7 of the Endangered Species Act Compliance

The US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) website was used to obtain an official species list on November 7, 2023. Four listed species, two proposed species, and one candidate species were identified as having the potential to occur in the project area. In a memo to file dated November 7, 2023, FHWA determined that the project would have no effect on listed or proposed species. See the attached memo for details.

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

The NPS, acting as the lead federal agency for compliance with Section 106 of the National

Historic Preservation Act, defined the Area of Potential Effect (APE) as the roadway prism and

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

GA NP CHCH Multi (1)

Eastern Federal Lands Highway Division

NEPA Categorical Exclusion Form areas extending 15 meters beyond centerline. The APE also included associated parking areas. In an Assessment of Actions Having an Effect on Historic Properties documentation form dated

January 20, 2023, the NPS determined that the proposed project, with the implementation of appropriate avoidance and minimization measures, would have no adverse effect on historic properties. The Georgia State Historic Preservation Office (SHPO) concurred with NPS’s determination of no adverse effect in a letter dated January 23, 2023.

Refer to the January 20, 2023, Assessment of Actions Having an Effect on Historic Properties compliance document for a complete list of avoidance and minimization measures.

The NPS Southeast Archaeological Center conducted subsurface and geophysical surveys of the project APE in April and July 2023, as required in the Assessment of Actions Having an Effect on Historic Properties documentation. The purpose of the investigation was to identify the presence and extent of historic stone features along each road corridor. The investigation found that stone-lined gutters are present along approximately 60 percent of Brotherton Road and 50 percent of Glenn-Viniard Road. The gutters were found adjacent to the pavement and ranged from being visible at the surface to nearly 20 inches below ground surface.

Due to the presence of these stone-lined gutters, FHWA has proposed minor road realignments to avoid adversely impacting the historic stone features. The January 2023 SHPO consultation did not include minor road realignments as an avoidance measure. The NPS will reconsult with the SHPO on the minor road realignments prior to project construction.

Additional Agency Coordination and Compliance

The National Park Service categorically excluded the project from in depth NEPA analysis in a

CE Documentation Form signed on January 20, 2023 (PEPC Project Number 100088). PEPC

Project Number 100088 includes additional roads within Chickamauga and Chattanooga

National Military Park which are not included in this FHWA CE. The additional roads listed in

PEPC Project Number 100088 that are not assessed in this FHWA CE will be assessed under future project. The current FHWA CE only covers Brotherton and Glenn-Viniard Roads and their associated parking areas.

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

GA NP CHCH Multi (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

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

Eastern Federal Lands Highway Division

Federal Highway Administration

Date

KIMBERLY DIANE

CAMPO-ALLEN

Digitally signed by KIMBERLY

DIANE CAMPO-ALLEN

Date: 2023.12.21 09:51:00 -05'00'

KEVIN S

ROSE

Digitally signed by KEVIN

S ROSE

Date: 2023.12.21 10:30:51 -05'00'

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

GA NP CHCH Multi (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(05)

GA NP CHCH Multi (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 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

Greenhouse Gas Emissions and Climate Change

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

GA NP CHCH Multi (1)

Eastern Federal Lands Highway Division

NEPA Categorical Exclusion Form

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

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

Yes No Comments: The proposed project involves repairs to the existing roadway, no permanent changes in GHG emissions would occur as a result of the proposed project. Temporary increases in GHG emissions would occur during project construction due to the presence of construction vehicles and equipment, but impacts will be minimized by implementing best management practices during project construction to reduce emissions generated from construction vehicles and equipment.

Does the project consider biogenic carbon dioxide sources, carbon stock, and the project’s overall carbon footprint? Yes No Comments: N/A

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

Yes No Comments: N/A

Does the project affect any other resources not listed above? Explain below and list anticipated permits: Ground disturbance of 1 acre or more will require Erosion and Sediment Control Plan review/preparation by a design professional with a current Level II certification issued by the Georgia Soil and Water Conservation Commission prior to filing the NPDES NOI.

i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: Northern Long-Eared Bat (Myotis septentrionalis), Gray Bat (Myotis grisescens), Tennessee Clubshell (Pleurobema oviforme), Tennessee

Pigtoe (Pleuronaia barnesiana), Large-flowered Skullcap (Scutellaria montana), Virginia Spiraea (Spiraea virginiana) and Monarch Butterfly (Danaus plexippus).

Subject: GA NP CHCH Multi (1)

Endangered Species Act

Section 7 Effect Determinations

Date: 11/07/2023

From: Kim Campo-Allen

Environmental Protection Specialist

Eastern Federal Lands Highway Division

To: File

The proposed project will involve rehabilitation of Brotherton Road and Glenn-Viniard

Road in Chickamauga and Chattanooga National Military Park, Georgia. Work varies by location but includes a combination of resurfacing existing road segments – including full depth reconstruction and minor road realignment in some areas – resurfacing parking areas, replacing, and repairing existing drainage structures, replacement of deteriorated sections of concrete curb and gutter, shoulder stabilization, turf establishment, pavement markings, and replacement of NPS information and regulatory signs.

The U.S. Fish and Wildlife Service’s (USFWS) Information for Planning and

Conservation website was used to obtain official species list on November 7, 2023

(Consultation Code: 2023-0128218).

The subject project’s effect determinations follow:

Species Determination Analysis

Gray Bat

(Myotis grisescens)

No Effect No suitable roosting or foraging habitat will be impacted. No impacts to caves or cave-like structures.

Northern Long-eared Bat

(Myotis septentrionalis)

No Effect No suitable summer habitat (trees) will be impacted.

Tennessee Clubshell

(Pleurobema oviforme)

No Effect Habitat for the Tennessee Clubshell consists of moderately swift current small streams to large rivers with mixed substrates. The project will not impact such habitat

Tennessee Pigtoe

(Pleuronaia barnesiana)

No Effect Habitat for the Tennessee Pigtoe consists of moderately swift current small streams to large rivers with mixed substrates. The project will not impact such habitat

Large-flowered Skullcap

(Scutellaria montana)

No Effect Ground-disturbance associated with project is limited to existing roadway and shoulder that is actively maintained and mowed. This is not suitable habitat.

Virginia Spiraea

(Spiraea virginiana)

No Effect Ground-disturbance associated with project is limited to existing roadway and shoulder that is actively maintained and mowed. This is not suitable habitat.

Whooping Crane (Grus americana)

No effect Identified as a non-essential experimental population. The propose project area does not provide preferred habitat for the Whooping crane. Preferred habitat includes shallow marshes and adjacent, open grasslands.

Note: The official species list also includes the candidate species Danaus plexippus commonly known as the Monarch butterfly. Candidate species receive no formal protections under the ESA. However, the proposed project area consists of paved roadways and adjacent shoulders which are regularly mowed and maintained by the NPS;

therefore, effects to Monarch butterfly preferred habitat (milkweeds) is unlikely to occur.

November 07, 2023

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Georgia Ecological Services Field Office

355 East Hancock Avenue Room 320

Athens, GA 30601-2523 Phone: (706) 613-9493 Fax: (706) 613-6059

In Reply Refer To:

Project Code: 2023-0128218 Project Name: NP CHCH Multi (1)

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

To Whom It May Concern:

Thank you for your request for information on federally listed species and important wildlife habitats that may occur in your project area. The U.S. Fish and Wildlife Service (Service) has responsibility for certain species of wildlife under the Endangered Species Act (ESA) of 1973 as amended (16 USC 1531 et seq.), the Migratory Bird Treaty Act (MBTA) as amended (16 USC 701-715), Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Bald and Golden Eagle Protection Act (BGEPA) as amended (16 USC 668-668c). We are providing the following guidance to assist you in determining which federally imperiled species may or may not occur within your project area and to recommend some conservation measures that can be included in your project design if you determine those species or designated critical habitat may be affected by your proposed project.

Attached is a list of endangered, threatened, and proposed species that may occur in your project area. Your project area may not necessarily include all or any of these species. Under the ESA, it is the responsibility of the Federal action agency, project proponent, or their designated representative to determine if a proposed action "may affect" endangered, threatened, or proposed species, or designated critical habitat, and if so, to consult with the Service further.

Similarly, it is the responsibility of the Federal action agency or project proponent, not the Service, to make no effect determinations. If you determine that your proposed action will have no effect on threatened or endangered species or their respective critical habitat, you do not need to seek concurrence with the Service. Nevertheless, it is a violation of Federal law to harm or harass any federally listed threatened or endangered fish or wildlife species without the appropriate permit. If you need additional information to assist in your effect determination, please contact the Service.

11/07/2023 2

If you determine that your proposed action may affect federally listed species, please consult with the Service. Through the consultation process, we will analyze information contained in a biological assessment or equivalent document that you provide. If your proposed action is associated with Federal funding or permitting, consultation will occur with the Federal agency under section 7(a)(2) of the ESA. Otherwise, an incidental take permit pursuant to section 10(a) (1)(B) of the ESA (also known as a Habitat Conservation Plan) may be necessary to exempt harm or harass federally listed threatened or endangered fish or wildlife species. For more information regarding formal consultation and HCPs, please see the Service s Section 7 Consultation Library and Habitat Conservation Plans Library Collections.

Action Area. The scope of federally listed species compliance not only includes direct effects, but also any indirect effects of project activities (e.g., equipment staging areas, offsite borrow material areas, or utility relocations). The action area is the spatial extent of an action s direct and indirect modifications or impacts to the land, water, or air (50 CFR 402.02). Large projects may have effects to land, water, or air outside the immediate footprint of the project, and these areas should be included as part of the action area. Effects to land, water, or air outside of a project footprint could include things like lighting, dust, smoke, and noise. To obtain a complete list of species, the action area should be uploaded or drawn in IPaC rather than just the project footprint.

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. An updated list may be requested through IPaC.

ESA Section 7 consultation (and related tools such as the EDGES and/or DKeys) apply to projects being permitted or funded by a Federal agency. However, please note that a lead federal agency may consider an action area that excludes portions of the project footprint. In these cases, further coordination with our office may be required to ensure compliance with the ESA. It is the responsibility of the project proponent to coordinate with the lead federal agency to understand the action and action area being reviewed as part of ESA Section 7 consultation.

How to Submit a Project Review Package. If you determine that your action may affect any federally listed species and would like technical assistance from our office, please send us a complete project review package. A step by step guide is available at the Georgia Ecological Services Project Planning and Review page (https://www.fws.gov/office/georgia-ecological-services/project-planning-review).

Beginning April 1, 2023, requests for threatened and endangered species project reviews must be submitted to our office using the process described below. (If you are not emailing us to submit a project for review, your email will be forwarded to the appropriate staff.) This is a three-step process. All steps must be completed to ensure your project is reviewed by a biologist in our office and you receive a timely response. In brief the steps are:

11/07/2023 3

1.

2.

3.

4.

5.

6.

Step 1. Request an official species list for your project through IPaC (Done ) Step 2. Complete applicable Determination Keys Step 3. Send your complete project project review package to GAES_Assistance@FWS.gov for review if no DKey is applicable or all aspects of the project are not addressed by DKeys, i.e. a species returned by IPaC does not have a DKey to address impacts to it. A complete project review package should include:

A description of the proposed action, including any measures intended to avoid, minimize, or offset effects of the action. The description shall provide sufficient detail to assess the effects of the action on listed species and critical habitat, such as the purpose of the action;

duration and timing of the action; location (latitude and longitude); specific activities involving disturbance to land, water, and air, and how they will be carried out;

current description of areas to be affected directly or indirectly by the action; and maps, drawings, or similar schematics of the action.

An updated Official Species List and DKey results Biological Assessments (may include habitat assessments and information on the presence of listed species in the action area);

Description of effects of the action on species in the action area and, if relevant, effect determinations for species and critical habitat;

Conservation measures and any other available information related to the nature and scope of the proposed action relevant to its effects on listed species or designated critical habitat (e.g., management plans related to stormwater, vegetation, erosion and sediment plans).

Visit the Georgia Conservation Planning Toolbox (https://www.fws.gov/story/ conservation-tools-georgia) for information about conservation measures.

In the email subject line, use the following format to include the Project Code from your IPaC species list and the county in which the project is located (Example: Project Code: 2023-0049730 Gwinnett Co.). For Georgia Department of Transportation related projects, please work with the Office of Environmental Services ecologist to determine the appropriate USFWS transportation liaison.

The Georgia Ecological Services Field Office will send a response email within approximately 30 days of receipt with technical assistance or further recommendations for specific species.

WE A S A F P A S

Under Executive Orders 11988 and 11990, Federal agencies are required to minimize the destruction, loss, or degradation of wetlands and floodplains, and preserve and enhance their natural and beneficial values. These habitats should be conserved through avoidance, or mitigated to ensure that there would be no net loss of wetlands function and value. We encourage you to use the National Wetland Inventory (NWI) maps in conjunction with ground-truthing to identify wetlands occurring in your project area. The Service s NWI program website (https:// www.fws.gov/program/national-wetlands-inventory) integrates digital map data with other resource information. We also recommend you contact the U.S. Army Corps of Engineers for

11/07/2023 4 permitting requirements under section 404 of the Clean Water Act if your proposed action could impact floodplains or wetlands.

GRA R R S

The MBTA prohibits the taking of migratory birds, nests, and eggs, except as permitted by the Service s Migratory Birds Program (https://fws.gov/program/migratory-birds). To minimize the likelihood of adverse impacts to migratory birds, we recommend construction activities occur outside the general bird nesting season from March through August, or that areas proposed for construction during the nesting season be surveyed, and when occupied, avoided until the young have fledged.

We recommend review of Birds of Conservation Concern to fully evaluate the effects to the birds at your site. This list identifies birds that are potentially threatened by disturbance and construction. It can be found at the Service's Migratory Birds Conservation Library Collection (https://fws.gov/library/collections/migratory-bird-conservation-documents).

Information related to best practices and migratory birds can be found at the Service's Avoiding and Minimizing Incidental Take of Migratory Birds Library Collection (https://fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds).

BALD AND GOLDEN EAGLES

The bald eagle (Haliaeetus leucocephalus) was delisted under the ESA on August 9, 2007. Both the bald eagle and golden eagle (Aquila chrysaetos) are still protected under the MBTA and BGEPA. The BGEPA affords both eagles protection in addition to that provided by the MBTA, in particular, by making it unlawful to disturb eagles. Under the BGEPA, the Service may issue limited permits to incidentally take eagles (e.g., injury, interfering with normal breeding, feeding, or sheltering behavior nest abandonment). For information on bald and golden eagle management guidelines, we recommend you review information provided at the Service's Bald and Golden Eagle Management Library Collection (https://fws.gov/library/collections/bald-and-golden-eagle-management).

NA E BA S

If your species list includes Indiana bat (Myotis sodalis) or northern long-eared bat (M.

septentrionalis) and the project is expected to impact forested habitat that is appropriate for maternity colonies of these species, forest clearing should occur outside of the period when bats may be present. Federally listed bats could be actively present in forested landscapes from April 1 to October 15 of any year and have non-volant pups from May 15 to July 31 in any year. Non-volant pups are incapable of flight and are vulnerable to disturbance during that time.

Indiana, northern long-eared, and gray (M. grisescens) bats are all known to utilize bridges and culverts in Georgia. If your project includes maintenance, construction, or any other modification or demolition to transportation structures, a qualified individual should complete a survey of these structures for bats and submit your findings via the Georgia Bats in Bridges cell phone application, free on Apple and Android devices. Please include these findings in any biological

11/07/2023 5 assessment(s) or other documentation that is submitted to our office for technical assistance or consultation.

Additional information can be found at Georgia Ecological Services' Conservation Planning Toolbox and Bat Conservation in Georgia pages.

ONAR H B ERFL

On December 20, 2020, the Service determined that listing the Monarch butterfly (Danaus plexippus) under the Endangered Species Act is warranted but precluded at this time by higher priority listing actions. With this finding, the monarch butterfly becomes a candidate for listing.

The Service will review its status each year until we are able to begin developing a proposal to list the monarch.

As it is a candidate for listing, the Service welcomes conservation measures for this species.

Recommended, and voluntary, conservation measures for projects in Georgia can be found at our Monarch Conservation in Georgia (https://www.fws.gov/project/monarch-conservation-georgia) page.

EAS ERN ND GO SNA E

Our office has published guidance documents to assist project proponents in avoiding and minimizing potential impact to the eastern indigo snake. The Visual Encounter Survey Protocol for the Eastern Indigo Snake (Drymarchon couperi) in Georgia is recommended for project proponents or their designees to evaluate the possible presence of the Eastern indigo snake at a proposed project site. The Standard Protection Measures for the Eastern Indigo Snake (Drymarchon couperi) include educational materials and training that can help protect the species by making staff working on a project site aware of their presence and traits. In Georgia, indigo snakes are closely associated with the state-listed gopher tortoise (Gopherus polyphemus), a reptile that excavates extensive underground burrows that provide the snake shelter from winter cold and summer desiccation.

SOLAR ENERG DE ELOP EN

The Recommended Practices for the Responsible Siting and Design of Solar Development in Georgia were published in September 2023 and are intended to provide voluntary guidance to support consideration of natural resources during the development of photovoltaic solar in Georgia. Furthermore, the Georgia Low Impact Solar Siting Tool (LISST) is available as a web application and as a map layer in IPaC (Find it in the Layers Box Environmental Data ) to provide project managers with the data to identify areas that may be preferred for low-impact development. The tool seeks to support the acceleration of large-scale solar development in areas with less impact to the environment.

S A E AGEN OORD NA ON

Additional information that addresses at-risk or high priority natural resources can be found in the State Wildlife Action Plan (https://georgiawildlife.com/WildlifeActionPlan), at Georgia Department of Natural Resources, Wildlife Resources Division Biodiversity Portal (https:// georgiawildlife.com/conservation/species-of-concern), Georgia's Natural, Archaeological, and

11/07/2023 6

Historic Resources GIS portal (https://www.gnahrgis.org/gnahrgis/index.do), and the Georgia Ecological Services HUC10 Watershed Guidance page.

Thank you for your concern for endangered and threatened species. We appreciate your efforts to identify and avoid impacts to listed and sensitive species in your project area. For further consultation on your proposed activity, please email gaes_assistance@fws.gov and reference the project county and your Service Project Tracking Number.

This letter constitutes Georgia Ecological Services general comments under the authority of the Endangered Species Act.

Attachment(s):

Official Species List Bald & Golden Eagles Migratory Birds Wetlands

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:

Georgia Ecological Services Field Office 355 East Hancock Avenue Room 320 Athens, GA 30601-2523

(706) 613-9493

11/07/2023 7

PROJECT SUMMARY

Project Code: 2023-0128218 Project Name: NP CHCH Multi (1) Project Type: Road/Hwy - Maintenance/Modification Project Description: The Eastern Federal Lands Highway Division of the Federal Highway

Administration (FHWA), in cooperation with the National Park Service (NPS) will involve rehabilitation of Brotherton Road and Glenn-Viniard Road, and pavement preservation of Chickamauga-Vittetoe Road. This work will include asphalt pavement full-depth reclamation with cement, roadway excavation, grading asphalt concrete overlay, chip seal, shoulder stabilization, drainage improvements, signing, pavement markings and other miscellaneous work.

Project Location:

The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@34.91472055,-85.27279295045906,14z

Counties: Catoosa and Walker counties, Georgia

11/07/2023 8

ENDANGERED SPECIES ACT SPECIES

There is a total of 8 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.

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

Gray Bat Myotis grisescens No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6329

Endangered

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

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

Endangered

BIRDS

NAME STATUS

Whooping Crane Grus americana Population: U.S.A. (AL, AR, CO, FL, GA, ID, IL, IN, IA, KY, LA, MI, MN, MS, MO, NC, NM, OH, SC, TN, UT, VA, WI, WV, western half of WY) No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/758

Experimental Population, Non- Essential

11/07/2023 9

2.

3.

CLAMS

NAME STATUS

Tennessee Clubshell Pleurobema oviforme No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/3254

Proposed Endangered

Tennessee Pigtoe Pleuronaia barnesiana No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9887

Proposed Endangered

INSECTS

NAME STATUS

Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/9743

Candidate

FLOWERING PLANTS

NAME STATUS

Large-flowered Skullcap Scutellaria montana No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/4721

Threatened

Virginia Spiraea Spiraea virginiana No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/1728

Threatened

CRITICAL HABITATS

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

JURISDICTION.

YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL

ABOVE LISTED SPECIES.

BALD & GOLDEN EAGLES

Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act .

Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats , should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

The Bald and Golden Eagle Protection Act of 1940.

The Migratory Birds Treaty Act of 1918.

50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

11/07/2023 10 no data survey effort breeding season probability of presence

There are bald and/or golden eagles in your project area.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

NAME BREEDING SEASON

Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.

https://ecos.fws.gov/ecp/species/1626

Breeds Sep 1 to Aug 31

PROBABILITY OF PRESENCE SUMMARY

The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence ( )

Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year.

Breeding Season ( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range.

Survey Effort ( ) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps.

No Data ( ) A week is marked as having no data if there were no survey events for that week.

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Bald Eagle Non-BCC Vulnerable

11/07/2023 11

2.

3.

Additional information can be found using the following links:

Eagle Managment https://www.fws.gov/program/eagle-management Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action

MIGRATORY BIRDS

Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act .

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

The Migratory Birds Treaty Act of 1918.

The Bald and Golden Eagle Protection Act of 1940.

50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

NAME

BREEDING

SEASON

Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.

https://ecos.fws.gov/ecp/species/1626

Breeds Sep 1 to Aug 31

Bobolink Dolichonyx oryzivorus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9454

Breeds May 20 to Jul 31

Canada Warbler Cardellina canadensis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9643

Breeds May 20 to Aug 10

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NAME

BREEDING

SEASON

Cerulean Warbler Dendroica cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/2974

Breeds Apr 27 to Jul 20

Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9406

Breeds Mar 15 to Aug 25

Eastern Whip-poor-will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/10678

Breeds May 1 to Aug 20

Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9443

Breeds Apr 20 to Aug 20

Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9513

Breeds May 1 to Jul 31

Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9439

Breeds Apr 1 to Jul 31

Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9398

Breeds May 10 to Sep 10

Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9478

Breeds elsewhere

Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

https://ecos.fws.gov/ecp/species/9431

Breeds May 10 to Aug 31

PROBABILITY OF PRESENCE SUMMARY

The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read the supplemental

11/07/2023 13 no data survey effort breeding season probability of presence information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence ( )

Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year.

Breeding Season ( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range.

Survey Effort ( ) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps.

No Data ( ) A week is marked as having no data if there were no survey events for that week.

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Bald Eagle Non-BCC Vulnerable

Bobolink BCC Rangewide

(CON)

Canada Warbler BCC Rangewide

(CON)

Cerulean Warbler BCC Rangewide

(CON)

Chimney Swift BCC Rangewide

(CON)

Eastern Whip-poor-will BCC Rangewide

(CON)

Kentucky Warbler BCC Rangewide

(CON)

Prairie Warbler

11/07/2023 14

BCC Rangewide

(CON)

Prothonotary Warbler BCC Rangewide

(CON)

Red-headed Woodpecker BCC Rangewide

(CON)

Rusty Blackbird

BCC - BCR

Wood Thrush BCC Rangewide

(CON)

Additional information can be found using the following links:

Eagle Management https://www.fws.gov/program/eagle-management Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-project-action

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.