Attachment 7 - NEPA CE MD NP CHOH 235(2) 242(1).pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) MD NP CHOH 235(1), 242(2), etc.

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: MD NP CHOH 235(1), 242(2), etc. Date: 8/12/2024

Project Name: NPS Chesapeake and Ohio Canal National Historical Park, Repair Canal Tunnels

Location: National Park Service Four Locks and McCoys Ferry – Washington Co.

MD, Carderock – Montgomery Co. MD

CE Category 23 CFR 771.117 (c)(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)[..]

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

NPS’ CE Citation: 3.3.C.4 Routine maintenance and repairs to cultural resource sites, structures, utilities and grounds under an approved Historic Structures Preservation Guide or Cyclic Maintenance Guide; or if the action would not adversely affect the cultural resource.

CE Justification: This project includes routine and preventative maintenance of three historic road culverts at Four Locks, McCoys Ferry, and Carderock. The project includes masonry repointing, concrete repairs, and removal of encroaching trees. Other work at Four Locks Road culvert is needed to allow for positive water drainage through and past the culvert and to the river. The work will not affect the historic integrity of any of the structures. Potential temporal restrictions on tree removal may be required to avoid impacting Myotis septentrionalis:

consultation with USFWS is ongoing and will be completed prior to project implementation. No impacts to the human environment will occur.

Project Description This project will repair three public, vehicular tunnels in the Chesapeake & Ohio (C&O) Canal National Historical Park at Carderock Recreation Area (Canal Mile Marker 10.4), Four Locks (Canal Mile Marker 108.5), and McCoy's Ferry (Canal Mile Marker 110.2). Both tunnels at Four Locks and McCoy's Ferry are historic masonry culverts that are experiencing significant 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(04) deterioration and drainage issues. The Carderock Tunnel is a modern concrete box culvert that is experiencing erosional issues and needs concrete repairs. The proposed repairs are designed by the Federal Highway Administration, Eastern Federal Lands Division (FHWA-EFLD).

The proposed repairs at Carderock Tunnel include repairing the deteriorated concrete along the tunnel lining & portal faces, vegetation removal, repointing the stone masonry wingwalls & resetting coping stones, repairing erosion, repaving the asphalt approaches, and installing new traffic signage.

The proposed repairs at Four Locks include replacing the existing concrete slabs within the tunnel, installing new concrete curbs while protecting the historic curb that remains in-tact, repointing the masonry throughout, removing efflorescence & installing weep holes in the mortar joints, and repaving the asphalt approaches. Additionally, the drainage channel downstream of the tunnel will be regraded and stabilized with riprap for the tunnel to better convey water out to the Potomac River. The existing pedestrian bridge over the drainage channel will be replaced with a causeway consisting of a 60-inch HDPE pipe culvert to better facilitate maintenance access. A temporary crossing will be constructed across the canal at the upstream end of Lock 48 so that locals can still access their homes while the tunnel is closed for construction.

The proposed repairs at McCoy's Ferry include replacing the existing concrete slab at the north portal entrance, adding stone infill and grout within the tunnel lining, repointing the masonry throughout, removing efflorescence & installing weep holes in the mortar joints, removing vegetation & adding stone infill to the upstream and downstream retaining walls, and repaving the asphalt approaches.

Environmental Commitments and Mitigation Measures

Required Mitigations - For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to:

• Prior to construction, NPS must re-consult with US Fish and Wildlife Service to determine any additional mitigations required to protect listed species.

• Concrete curb work and road surface replacements at the historic tunnels: Park RM staff, in coordination with Professional Services and Park Mason, must be notified of construction activities involving the historic concrete curb, any changes in condition or treatment, and dates for pouring new concrete.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

• Weep hole location approval: CHOH RM and Professional Services staff must approve all locations for weep hole insertion at Four Locks Tunnel and McCoy's Ferry Tunnel prior to any activities occurring regarding their installation. Additionally, once locations are park approved, mockups must be conducted at both tunnels for park approval prior to further installation of the weep holes. Notifications for on-site meeting requests must be provided to park staff and provide sufficient lead time for scheduling.

• Park cultural resources staff should monitor excavation in the picnic area at Four Locks.

Additional ground disturbance other than that proposed here will require additional scrutiny.

• For all masonry repointing and/or patching, match the existing masonry fabric as closely as possible for color, texture, and finish.

• When removing vegetation from masonry, make sure to cut and not pull root systems to not cause more damage to the masonry systems.

• Pipe material used for weep holes should be treated so that it does not corrode easily, causing future issues.

• Project manager must work with natural resources staff to determine whether reseeding or other restoration is necessary upon completion of tree removal

Summary of Section 7 of the Endangered Species Act Compliance

Indiana bat (Myotis sodalis), Endangered; Northern Long Eared bat (Myotis septentrionalis), Endangered; Tricolored bat (Perimyotis subflavus); Green Floater clam (Lasmigona subviridis) Proposed Threatened; Monarch butterfly (Danaus plexippus) Candidate.

There is no designated critical habitat in the project areas.

The NPS has made a may affect, not likely to adversely affect, determination for Northern Long Eared bat. NPS’ Request for consultation/coordination was submitted via email 7/19/2024. USFWS responded on 7/24/2024. The result is the USFWS requests to reconsult upon release of the Northern Long Eared bat consultation tools to be announced in late summer 2024.

The NPS’ made a No effect determination for Indiana bat in the McCoys and Four Locks areas.

Protections imposed for Northern Long Eared bat will similarly benefit the Proposed Tricolored Bat.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

The Green Floater clam occurs in the general project area for Four Locks and McCoys Ferry; however, the proposed work will not affect waterways. Work at Four Locks may prevent excess sedimentation into the Potomac River so it could benefit suitable habitat.

Early successional habitat with Milkweeds (Asclepias spp.) host plants will not be affected; thus the proposed Monarch butterfly is not likely to be affected.

The FHWA concurs with NPS’ determinations of potential effects to listed species.

Summary of Section 106 of the National Historic Preservation Act Compliance The National Park service has determined that no archeological resources are present in the three

(3) areas of potential effects (APEs). There are historic structures/resources present in the three

(3) APEs. The proposed action will replace historic features/elements in-kind. There will be new non-historic features/elements added to a historic structure. The project qualifies for NPS’ streamlined review with the Maryland Historical Trust, since the project includes the preservation/maintenance and repair of historic properties and includes the repair/resurfacing and removal of existing roads, trails, and parking areas. The project will have no adverse effect to historic properties. The NPS’ analysis is dated August 9, 2024. The FHWA/EFL concurs with the NPS’ findings of eligibility and effects.

Additional Agency Coordination and Compliance For Historical Properties: Required Mitigations - For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to:

Concrete curb work and road surface replacements at the historic tunnels:

Park RM staff, in coordination with Professional Services and Park Mason, must be notified of construction activities involving the historic concrete curb, any changes in condition or treatment, and dates for pouring new concrete.

Weep hole location approval: CHOH RM and Professional Services staff must approve all locations for weep hole insertion at Four Locks Tunnel and McCoy's Ferry Tunnel prior to any activities occurring regarding their installation. Additionally, once locations are park approved, mockups must be conducted at both tunnels for park approval prior to further installation of the

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) weep holes. Notifications for on-site meeting requests must be provided to park staff and provide sufficient lead time for scheduling.

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.

Nicholle Braspennickx 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

Appendix A: Environmental Checklist

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

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:

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

• 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(04)

☐Yes ☒No Does the project affect any other resources not listed above? Explain below and list anticipated permits:

The three sites require erosion and sediment control permits from the Maryland Department of the Environment (MDE). THE sites will be evaluated for a Stormwater Management waiver. Permanent or temporary fill (Four Locks Temporary Crossing) in the C&O canal is regulated by the Corps of Engineers.

Structures in the C&O canal are regulated by the Corps of Engineers.

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