Attachment 6 - Seed Project- Categorical Exclusion.pdf

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

MO ERFO FS 2017-1(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: MO ERFO FS 2017-1(1) Date: 11/7/2019

Project Name: Audubon Trail Repairs

Location: Mark Twain National Forest Sainte Genevieve County, MO

CE Category 23 CFR 771.117 (c)(3): Construction of bicycle and pedestrian lanes, paths, and facilities.

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

Project Description FHWA, in cooperation with the Mark Twain National Forest (MTNF), proposes to repair areas of the Audubon Trail that were damaged from flooding in 2017. The Audubon Trail is a 12-mile loop trail with two separate 6 mile-loops, one north and one south of Forest Road 2199. The terrain of the trail varies, with some sections relatively flat and others in steep hilly slopes. Much of the trail runs adjacent to streams, including several stream crossings.

A record flood event in 2017 caused extensive damage to the trail. In June 2018, FHWA and MTNF assessed the damage and identified 47 sites on the trail with varying degrees of damage.

The scope of the repairs will vary from site-to-site. Most work will involve restoring and stabilizing the trail. At two sites, FHWA proposes major trail realignment to prevent future water damage. In several locations, trail users have informally created side-trails to detour past damaged trail sites. FHWA may make these side-trails into the official trail with minor regrading and grubbing.

Environmental Commitments and Mitigation Measures

• Felling of suitable roost trees (dead trees or hazard trees) will be done Nov 1st- April 1st (hibernation period). Hazard trees that cannot be removed during the hibernation period will be reported to the district wildlife biologist and monitored/inspected for occupancy by Indiana bats and NLEB within 24 hours of removal of the tree.

• MTNF has identified two archaeologically-sensitive sites in close proximity to the Audubon Trail. Contractor must avoid sites as directed by CO.

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(03)

Summary of Section 7 of the Endangered Species Act Compliance On August 15, 2019, the FWS concurred with the Forest Service that this action may effect, not likely to adversely affect the Gray Bat, Indiana Bat, and Northern Long Eared Bat. These are the only species listed in the action area.

Summary of Section 106 of the National Historic Preservation Act Compliance MTNF completed a cultural resources investigation. MTNF determined this undertaking will have no adverse effect on cultural resources. The Missouri SHPO concurred with this finding on October 8, 2019.

Additional Agency Coordination and Compliance The Forest Service is completing a separate NEPA memo for this action.

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

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

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

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?

☐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?

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

☐Yes ☒No 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: Gray Bat, Indiana Bat, NLEB