Categorical Exclusion Form (NEPA)_826579.pdf

CATEGORICAL EXCLUSION

Emergency Relief Program Landslides and Road Damage Repair

STATE ROAD PR-10 KM 41.6 AND 41.9

UTUADO, PUERTO RICO

AC-808544/AC-826549

May 2020 Puerto Rico Highway and Transportation Authority

ER-HWY-5

ER-HWY-6

Landslide and Road Damage Evaluation and Repair Recommendations

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

PUERTO RICO HIGHWAY AND TRANSPORTATION AUTHORITY

CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM

TABLE OF CONTENTS

Page

I. GENERAL INFORMATION 3

II. PROJECT DESCRIPTION 3

III. PURPOSE AND NEED 5

IV. PLANNING CONSISTENCY PHASE I 6

V. PROPOSED IMPROVEMENTS 7

VI. ENVIRONMENTAL ISSUES EVALUATED FOR THE PROPOSED ACTION 11

VII. ENVIRONMENTAL COMMITENTS REQUIRED FOR THE PROPOSED ACTION 20

APPENDIXES

Appendix A Emergency Declared Documents Appendix B Emergency Relief Program Funds DDIR document Appendix C Figures, Maps and Plans Appendix D US Fish and Wildlife Service Coordination Appendix E Department of Natural and Environmental Resources Coordination Appendix F State Historic Preservation Office (SHPO) Coordination Appendix G Categorical Exclusion Checklist

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

PUERTO RICO HIGHWAY AND TRANSPORTATION AUTHORITY

CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM

I. GENERAL INFORMATION

State Project No. AC-808544/AC-826549 Federal Project No. ER-9999(318)

Project Name Emergency Relief Program Landslides and Road Damage Repair

Route No. PR-10

From Milepost To Milepost

ER-HWY-5 41.6 ER-HWY-5 41.6

ER-HWY-6 41.9 ER-HWY-6 41.9

Municipality (ies) Utuado Total Length 700 meters

ROW Cost To be determined Construction Cost $9,289,303

EXISTING FACILITY PROPOSED FACILITY

ROW Width 10.95 mts. ROW Width 10.95 mts.

No. Lanes & Width 4 lanes, 3.65 mts. each No. Lanes & Width 4 lanes, 3.65 mts. each

Shoulder Width 3 mts. Median 4.25 mts. Shoulder Width 3 mts. Median 4.25 mts.

Overall Roadway Width 24.85 mts. Overall Roadway Width 24.85 mts.

II. PROJECT DESCRIPTION (Included project scope and location and refer to the attached project location map)

The Proposed Action In September 2017, Hurricanes Irma and Maria impacted Puerto Rico. Former Governor Ricardo Rosello and President Donald Trump declared a state of emergency on the Island. See referenced documentation enclosed in Appendix A. One of the affected roads was the PR-10 in the Municipality of Utuado.

The Puerto Rico Highway and Transportation Authority (PRHTA) proposes the reconstruction and repairs of the following road segments:

The Project will be financed with funds from the Emergency Relief Program associated with Hurricanes Irma and Maria. The DDIR document is included in Appendix B.

Project ID Road Segment

ER-HWY-5 PR-10 Km 41.6 ER-HWY-6 PR-10 Km 41.9

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

Location The proposed action is found on State Road PR-10, in Caguana Ward of the Municipality of Utuado. The Lambert coordinates for the areas are:

Km. 41.6, PR-10 (x: 169372, y: 247692) Km. 41.9, PR-10 (x: 169550, y: 248008)

Project loction map is included in Appendix C.

Existing Conditions Heavy rains from the weather events triggered several landslides along on the PR-10 segments. The existing conditions for the affected area are described below:

PR-10 KM 41.6 (ER-HWY-5)

This project area corresponds to a natural drainage channel (creek) that traverse PR-10 at Km. 41.6. This creek was piped in a west to the east direction for the construction of the PR-10 roadway. On this location, the creek banks and fill slopes of PR-10 roadway embankment were severely eroded triggering slope instabilities after Hurricane María. A shallow landslide developed on the shoulder of the southbound lane.

Surface runoff is collected through drainage channels, which are clogged with debris and sediments. All runoff discharges to an existing 72 inches diameter reinforced concrete pipe (about 70 meters long). The cross-drainage pipe culvert is undersized, inducing large headwall runoff accumulation, debris accumulation, and extreme flow velocities causing roadway embankment failure upstream.

The existing vertical shaft does not have an opening to allow for air escaping during rains events, contributing to the reduction of its hydraulic capacity. The top slab of the existing vertical shaft needed to be demolished as part of the emergency project repairs to remove clogging at the pipe outlet. Embankment failure was triggered by surficial water which flowed outside the road drainage structures, overtopping the roadway and flowing freely along the embankment slope downstream.

PR-10 KM 41.9 (ER-HWY-6)

On this project area, the entire roadway segment (northbound and southbound lanes) collapsed after Hurricane María. High water velocities and extraordinary flow induced by the hurricane combined with inadequate drainage system provoked the erosion of the roadway slopes causing the collapse of the roadway.

Landslide and road damage at Km. 41.9, was attended with an emergency relief project after Hurricane María. Temporary slope stability countermeasures were considered for the project repairs, but drainage problems were not addressed. Runoff is collected through an existing 84 inches diameter reinforced concrete pipe culvert (about 70 meters long) which remain in place. A corrugated steel pipe cattle pass which collapsed after Hurricane María was removed as part of the emergency relief project. The existing

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico pipe culvert invert shows structural damage, in the form of abrasion, which has left the pipe culvert reinforcement exposed.

The channel approaching the existing culvert upstream is highly skewed (about 45 degrees) from the axis of the culvert barrel, and there is scour at the outside channel bank that is causing damage to the culvert headwall and roadway embankment. This condition was not altered with the emergency project.

A sequence of an aerial view of unknow creek located at km. 41.9 was studied shows how erosion and deposition have evolved on the streambanks of the creek for the last 25 years (1993 – 2018). These erosion and deposition have been most affected by construction developments such as the Vocational School and PR-10 roadway. As a result, the shape of the unknown creek has greatly evolved during the last 25 years.

Also, when extreme flow results during extraordinary precipitation events such like Hurricane María, the width, depth, and velocity of the stream increase and the velocity gets so high causing the flow runs in a "straight" line from streambank to streambank.

Proposed Project The project would consists in performing repairs on PR-10 roadway segments which include primarily the construction of 3m x 4m Single Cell Box Culvert on site locate at kilometer 41.6, the construction of 35.62m Length Single Span ABC Bridge on site locate at kilometer 41.9, the embankment stabilization of areas of the road where landslides have occurred, the improvement of the drainage system of the road section, application of protective measures for erosion control, strengthening and replacement of existing drainage system (pipes, culverts, manholes and inlets) which have failed, and the replacement of safety features like guardrails and pavement markings.

An earth retention system shall be the method used for the stabilization and segment reconstruction.

Design drawings showing the typical sections of the PR-10, ROW limits, acquisitions, and proposed repairs are included in Appendix C.

III. PURPOSE AND NEED

Purpose The purpose of the Project is to stabilize the deteriorating sections of the PR-10 roadway, to ensure the safety of this vital transportation corridor. Stabilizing the roadway and slopes adjacent to the roadway, and the drainage system improvements would ensure life and properties in the area.

Need The proposed project is needed for the following reasons:

• The roadway segments are in poor condition due to the movement of the landslides, which has opened deep tension cracks and large subsurface cavities adjacent to the roadway.

• The movement of the roadway bases has created a safety hazard for the traffic.

• The potential exists for a catastrophic failure of the roadway sections.

• The roadway is an important corridor for local traffic.

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

PRHTA proposes to perform the construction of 3m x 4m Single Cell Box Culvert on site locate at kilometer

41.6 based on the following reasons:

• The geometry of the road and lane width would remain the same as the existing condition.

• The construction of box culvert using braced excavation (Temporary Soil Nail Wall System) would require more construction time but a smaller amount of excavation and backfill.

• Would increase the hydraulic capacity of the drainage system.

• The roadway embankment would be reconstructed.

• Would provide repairs for slope instabilities.

Regarding to the kilometer 41.9, PRHTA proposes to perform the construction of 35.62m Length Single Span ABC Bridge based on the following reasons:

• The geometry of the road and lane width would remain the same as the existing condition.

• Would increase the hydraulic capacity of the drainage system.

• The roadway embankment would be reconstructed.

• Would provide repairs for slope instabilities.

• The structure of the bridge would employ accelerated bridge construction methods.

• Semi-integral abutments would be used for design in order to increase service life and reduce maintenance cost for the bridges.

• This type of bridge construction would contribute to decreasing construction risks and time.

Also, the project would includes pavement rehabilitation, installation of traffic signs, pavement marking and guardrails, drainage improvements, among others.

IV. PLANNING CONSISTENCY PHASE I

Estimated construction time: twenty four (24) months

Estimated Construction Cost: $9,289,303

Estimated date for ROW: Second Semester 2020

Estimated date for PS&E: Second Semester 2020

Estimated date for Construction phase begins: Second Semester 2020

Project STIP Consistency: The project will be financed with funds from the Emergency Relief Program associated with Hurricanes Irma and Maria. The DDIR document is included in Appendix B.

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

V. PROPOSED IMPROVEMENTS

• 771.115 Classes of actions.

(b) Class II (CEs). Actions that do not individually or cumulatively have a significant environmental effect are excluded from the requirement to prepare an EA or EIS. A specific list of CEs normally not requiring NEPA documentation is set forth in §771.117(c) for FHWA actions or pursuant to §771.118(c) for FTA actions. When appropriately documented, additional projects may also qualify as CEs pursuant to §771.117(d) for FHWA actions or pursuant to §771.118(d) for FTA actions.

• 771.117 FHWA Categorical Exclusions.

(a) Categorical exclusions (CEs) are actions which meet the definition contained in 40 CFR 1508.4, and, based on past experience with similar actions; do not involve significant environmental impacts. They are actions which: do not induce significant impacts to planned growth or land use for the area; do not require the relocation of significant numbers of people; do not have a significant impact on any natural, cultural, recreational, historic or other resource; do not involve significant air, noise, or water quality impacts; do not have significant impacts on travel patterns;

or do not otherwise, either individually or cumulatively, have any significant environmental impacts.

(c) The following actions meet the criteria for CEs in the CEQ regulations (40 CFR 1508.4) and 771.117(a) and normally do not require any further NEPA approvals by the FHWA:

Check one or more of the following improvements which apply to the project:

(1) Activities which do not involve or lead directly to construction, such as planning and research activities; grants for training; engineering to define the elements of a proposed action or alternatives so that social, economic, and environmental effects can be assessed; and Federal-aid system revisions which establish classes of highways on the Federal-aid highway system.

(2) Approval of utility installations along or across a transportation facility.

(3) Construction of bicycle and pedestrian lanes, paths, and facilities.

(4) Activities included in the State's highway safety plan under 23 U.S.C. 402.

(5) Transfer of Federal lands pursuant to 23 U.S.C. 107(d) and/or 23 U.S.C. 317 when the land transfer is in support of an action that is not otherwise subject to FHWA review under NEPA.

(6) The installation of noise barriers or alterations to existing publicly owned buildings to provide for noise reduction.

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

(7) Landscaping.

(8) Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption would occur.

(9) The following actions for transportation facilities damaged by an incident resulting in an emergency declared by the Governor of the State and concurred in by the Secretary, or a disaster or emergency declared by the President pursuant to the Robert T. Stafford Act (42 U.S.C. 5121):

(i) Emergency repairs under 23 U.S.C. 125; and

(ii) The repair, reconstruction, restoration, retrofitting, or replacement of any road, highway, bridge, tunnel, or transit facility (such as a ferry dock or bus transfer station), including ancillary transportation facilities (such as pedestrian/bicycle paths and bike lanes), that is in operation or under construction when damaged and the action:

(A) Occurs within the existing right-of-way and in a manner that substantially conforms to the preexisting design, function, and location as the original (which may include upgrades to meet existing codes and standards as well as upgrades warranted to address conditions that have changed since the original construction); and

(B) Is commenced within a 2-year period beginning on the date of the declaration.

(10) Acquisition of scenic easements.

(11) Determination of payback under 23 U.S.C. 156 for property previously acquired with Federal-aid participation.

(12) Improvements to existing rest areas and truck weigh stations.

(13) Ridesharing activities.

(14) Bus and rail car rehabilitation.

(15) Alterations to facilities or vehicles in order to make them accessible for elderly and handicapped persons.

(16) Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand.

(17) The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE.

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

(18) Track and railbed maintenance and improvements when carried out within the existing right-of-way.

(19) Purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off-site.

(20) Promulgation of rules, regulations, and directives.

(21) Deployment of electronics, photonics, communications, or information processing used singly or in combination, or as components of a fully integrated system, to improve the efficiency or safety of a surface transportation system or to enhance security or passenger convenience.

Examples include, but are not limited to, traffic control and detector devices, lane management systems, electronic payment equipment, automatic vehicle locaters, automated passenger counters, computer-aided dispatching systems, radio communications systems, dynamic message signs, and security equipment including surveillance and detection cameras on roadways and in transit facilities and on buses.

(22) Projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way. Existing operational right-of-way refers to the right-of-way that has been disturbed for an existing transportation facility or is maintained for a transportation purpose. This area includes the features associated with the physical footprint of the transportation facility (including the roadway, bridges, interchanges, culverts, drainage, fixed guideways, mitigation areas, etc.) and other areas maintained for transportation purposes such as clear zone, traffic control signage, landscaping, any rest areas with direct access to a controlled access highway, areas maintained for safety and security of a transportation facility, parking facilities with direct access to an existing transportation facility, transit power substations, transit venting structures, and transit maintenance facilities. Portions of the right-of-way that have not been disturbed or that are not maintained for transportation purposes are not in the existing operational right-of-way.

(23) Federally-funded projects:

(i) That receive less than $5,000,000 of Federal funds; or

(ii) With a total estimated cost of not more than $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost.

(24) Localized geotechnical and other investigation to provide information for preliminary design and for environmental analyses and permitting purposes, such as drilling test bores for soil sampling; archeological investigations for archeology resources assessment or similar survey; and wetland surveys.

(25) Environmental restoration and pollution abatement actions to minimize or mitigate the impacts of any existing transportation facility (including retrofitting and construction of stormwater treatment systems to meet Federal and State requirements under sections 401 and

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

402 of the Federal Water Pollution Control Act (33 U.S.C. 1341; 1342)) carried out to address water pollution or environmental degradation.

(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) of this section.

(27) Highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting, if the project meets the constraints in paragraph (e) of this section.

(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.

(29) Purchase, construction, replacement, or rehabilitation of ferry vessels (including improvements to ferry vessel safety, navigation, and security systems) that would not require a change in the function of the ferry terminals and can be accommodated by existing facilities or by new facilities which themselves are within a CE.

(30) Rehabilitation or reconstruction of existing ferry facilities that occupy substantially the same geographic footprint, do not result in a change in their functional use and do not result in a substantial increase in the existing facility's capacity. Example actions include work on pedestrian and vehicle transfer structures and associated utilities, buildings, and terminals.

(e) Actions described in (c)(26), (c)(27), and (c)(28) of this section may not be processed as CEs under paragraph (c) if they involve:

(1) Acquisition of more than a minor amount of right-of-way or that would result in any residential or non-residential displacements;

(2) An action that needs a bridge permit from the U.S. Coast Guard, or an action that does not meet the terms and conditions of a U.S. Army Corps of Engineers nationwide or general permit under section 404 of the Clean Water Act and/or section 10 of the Rivers and Harbors Act of 1899;

(3) A finding of “adverse effect” to historic properties under the National Historic Preservation Act, the use of a resource protected under 23 U.S.C. 138 or 49 U.S.C. 303 (section 4(f)) except for actions resulting in de minimis impacts, or a finding of “may affect, likely to adversely affect” threatened or endangered species or critical habitat under the Endangered Species Act;

(4) Construction of temporary access, or the closure of the existing road, bridge, or ramps, that would result in major traffic disruptions;

(5) Changes in access control;

(6) A floodplain encroachment other than functionally dependent uses (e.g., bridges, wetlands) or actions that facilitate open space use (e.g., recreational trails, bicycle and pedestrian paths); or construction activities in, across or adjacent to a river component designated or proposed for inclusion in the National System of Wild and Scenic Rivers.

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

VI. ENVIRONMENTAL ISSUES EVALUATED FOR THE PROPOSED ACTION

ECOLOGICAL

1. Would the project have a substantial impact on any unique or important natural resource?

Yes No

Additional comments:

Due to the project scope, no substantial impact on any unique or important natural resource is expected.

2. Does the project involve habitat here federally listed endangered or threatened species may occur?

Yes No

Additional comments:

To comply with Section 7 of the Endangered Species Act, a consultation letter was submitted to the USFWS in order to obtain an Official Species List (See Appendix D) identifying the federally protected species within the environmental study area and to make an anticipated Effect Determination for each species. The USFWS concurred that the following species as potentially occurring within the project area: Puerto Rican boa (Epicrates inornatus), Puerto Rican plain pigeon (Columba inornata wetmorei), Puerto Rican parrot (Amazona vittata), Puerto Rican broad-winged hawk (Buteo platypterus brunnescens).

According to the nature of the project, habitat characteristics, and the implementation of PRHTA BMPs, it is the agency belief, that the project is not likely to adversely affect federally listed species or their critical habitat, therefore, the USFWS concurred on September 19, 2019, that no further consultation is required (See Appendix D).

Neverthless, if the project is modified or if information on impacts to listed species become available, PRHTA will contact the USFWS office concerning the need for the initiation of consultation under Section 7 of the Act. A number of conservation measures to avoid and minimize harm to the aforementioned listed species that could be encountered has been included in Appendix D.__________________________________

3. Does the project qualify as a minor action that may be conducted thin a blanket clearance (Self-Certification Endangered Species Act Certification) without adversely affecting the recovery and survival of listed endangered or threatened species?

Yes No

Additional comments:

The proposed project is not likely to adversely affect federally listed species or their critical habitat. A consultation letter was submitted to USFWS, and they concur on September 19, 2019. Copy of the FWLS letter is included in Appendix D.

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

4. Does the project affect USACE jurisdictional areas?

The unnamed creeks within the project sites are considered as navigable waters of the United States, and tributaries of the Rio Grande de Arecibo. For this reason, a USACE consultation is required.

5. If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-tenth (1/10) of an acre and have all practicable measures to avoid and minimize wetland takings been evaluated?

Yes No

The proposed project would not affect wetlands.

6. Does the project affect areas are covered under Section 404 of the Clean Water Act?

The unnamed creeks within the project sites are considered as navigable waters of the United States, and tributaries of the Rio Grande de Arecibo. For this reason, a USACE consultation is required.

7. Does the project involve any known underground storage tanks (UST’s) or hazardous materials sites?

Yes No

Additional comments:

No UST’s or hazardous materials were observed within the project limits.

8. Would a U.S. Coast Guard permit be required?

The proposed project construction is in upland, not required Coast Guard permit.

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

9. Does the project is located within a floodplain zone?

The FEMA flood map panel for the Project Areas is 72000C0615H, with an effective date on April 19, 2005. A Zone X floodplain has been mapped for the subject areas. FEMA Flood Map is included in Appendix C.

10. Does the project affect water bodies?

The proposed construction works include the installation of a bridge and a culvert over two unnamed creeks, tributary of the Rio Grande de Arecibo River. Coordination with USACE will be performed. Control measures against erosion and sedimentation would be implemented to prevent the release of sediment to the waterways.________

11. Does the project require the preparation of a Hydrologic-Hydraulic Study?

A H-H studies was prepared for the design of the culvert and bridges and submitted for approval to DNER. The H-H studies were approved by DNER on October 30, 2019 and May 7, 2020. See copy fo the DNER letters on Appendix E.

12. Does the project affect Wild and Scenic Rivers?

Puerto Rico has approximately 5,385 miles of river, of which 8.9 miles of three rivers are designated as wild and scenic: Rio de la Mina, Rio Icacos and Rio Mameyes. The proposed project is located far from these water bodies. _ ______________

13. Does the project may adversely affect Essential Fish Habitat?

The proposed project would not affect Essential Fish Habitat.________________

14. Does the project affect coastal municipalities?

The project is located outside of Coastal or maritime zones.

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

15. Would the project result in the modification of any existing regulatory floodway?

_The proposed project would not affect the existing floodplain levels.______________

16. Would the project require any stream relocations or channel changes?

The proposed project would not require any stream relocation or channel changes.___

17. Does the project affect trees?

The proposed project requires the cut of several trees. According to the “Reglamento Conjunto para la Evaluación y Expedición de Permisos Relacionados al Desarrollo, Uso de Terrenos y Operación de Negocios” issued on June 7, 2019, a mitigation plan will be necessary to mitigate the tree impacts. Nevertheless, an Administrative Order Number 2019-01 was issued by the Permit Management Office on January 08, 2019 to extend the streamline permit process for the projects related to the emergency. The Order authorize the cut of trees without a permit approval. The Administrative Order is effective until the validity of the state of emergency declaration issued by the Governor of Puerto Rico If a tree mitigation plan is requested, monetary compensation would be performed according to the agreement between Department of Natural and Environmental Resources and PRHTA..

SOCIAL, ECONOMIC AND CULTURAL RESOURCES

18. Would the project induce substantial impacts to planned growth or land use for the area?

The proposed project would not induce substantial impacts to planned growth or land use for the area.__ ____________________________________________________

19. Would the project require the relocation of any family or business?

The proposed project would not require the relocation of family or business.

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

20. Would the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population?

The proposed project would not have a disproportionately high and adverse human health and environmental effect on any minority or low-income population. ______

21. If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor?

The construction will be performed mostly within the existing ROW except for an additional area of approximately 5,039 square meters to be acquired for the drainage improvements and the installation of a rip-rap. PRHTA would provide compensation for landowners under laws of the Commonwealth of Puerto Rico, and the FHWA Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act).

22. Does the project have any impact in the community cohesion of the adjacent project’s neighborhoods?

The proposed project would not have any impact in the community cohesion of the adjacent project’s neighborhoods.

23. Does the project affect community services?

The proposed project would not affect the community’s services.

24. Does the project consider non-discrimination considerations?

The proposed project considers the non-discrimination considerations. _________

25. Does the project have any impact on the existing noise levels?

No adverse impact on existing noise levels are expected. Construction noise would create a temporary and intermittent impact. However, no area would be exposed to

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico construction noise for long term duration, therefore, extended disruption of normal activities is not anticipated.

26. Does the project comply with the attaining air quality standards (NAAQS)?

The proposed project would comply with the national air quality standards (NAAQS)._

27. Does the project have any impact on the existing air quality levels?

Because mobile source air toxic emissions are not expected to increase, and no exceedances of the National Ambient Air Quality Standards (NAAQS) are anticipated, no adverse air quality effects are expected from the project. Any air emission from proposed works would be short-term in duration and very site-specific.

28. Does the project affect farmlands areas?

The proposed project would not affect any farmland areas.

29. Does the project have any significant aesthetic effects?

No adverse impacts to the existing visual character and quality are anticipated

30. Does the project affect recreational areas?

The proposed project would not affect recreational areas.

31. Would the project involve any changes in access control?

The proposed project would not involve any changes in access control. ____________

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

32. Would the project have an adverse effect on permanent local traffic patterns or community cohesiveness?

The proposed project would not have an adverse effect on permanent local traffic patterns or community cohesiveness. The project would keep the same geometry and would improve safety traffic along the PR-10.

33. Would traffic be maintained during construction using existing roads, staged construction, or on-site detours?

PR-10 segments would be remaining open, but temporary half section closure may be necessary. Proper advance notice of the closure would allow uninterrupted access. The Maintenance of Traffic (MOT) for the Proposed Project includes the temporary half section closure; the installation of the temporary traffic control device; the installation of temporary traffic signs; concrete barriers; and others.

34. If the project is a bridge replacement project, would the bridge be replaced at this existing location (along with the existing facility) and would all construction proposed in association with the bridge replacement project be contained on the existing facility?

The proposed project not requires a bridge replacement.

35. The project requires to affect a bridge or a culvert?

An existing pipe culvert at kilometer 41.6 would be replaced as part of the proposed project scope.

36. Is the bridge or culvert considered as historical structure?

No historical structure will be affected by the proposed project. __ ___ __

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

37. Is there substantial controversy on social, economic, or environmental grounds concerning the project?

No substantial controversy is expected related to the proposed project. __ ___

38. Would the project have an effect on social, economic, or environmental grounds concerning the project?

Yes No

Additional comments:

The proposed project would not have an adverse effect on social, economic or environmental grounds.

39. Would the project affect any archeological remains which are important to history or pre-history?

Yes No

Additional comments:

An identification of archeological remains and evaluation of effects was conducted by a qualified archeologist. No archeological remains were identified. The information regarding the Proposed Project was provided to the State Historic Preservation Office (SHPO) for its evaluation. SHPO concurred with our determination that no historic properties would be affected within the project’s area of potential effects. Copy of the concurrence letter of SHPO is included in Appendix F. If unexpected cultural resources are encountered at any time within the project area, works should cease in the immediate vicinity of such discoveries. SHPO would be notified and project activities should not resume without authorization from SHPO.

40. Would the project affect any historic property?

As part of the damages and possible solutions evaluation for the landslides problems, an identification of historic properties and evaluation of effects was conducted by a qualified archeologist. The study reveals that the proposed project should have no effect on historic properties as there are no historic properties located within the project area and the potential of finding previously unknown archaeological resources during project construction activities is low. The information regarding the Proposed Project was provided to the State Historic Preservation Office (SHPO) for its evaluation. The letter documenting concurrence from SHPO is included in Appendix F). If unexpected cultural

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico resources are encountered at any time within the project area, work should cease in the immediate vicinity of such discoveries and SHPO would be notified. After, such notification, project activities should not resume without and/or written from SHPO.

41. Would the project require the use of Section 6 (f) resources (Land and Water Conservation Fund Act)

Yes No

Additional comments:

The project would not cause impacts to recreational properties acquired with LWCFA

Funds.

42. Would the project require the use of Section 4 (f) resources (public, parks, recreation lands, wildlife, historic sites, or historic bridges, as defined in Section 4 (f) of the U.S.

Department of Transportation Act of 1966?

Yes No

Additional comments:

The proposed project would not affect any publicly owned parks, recreational area, wildlife and waterfowl refuges, or public and private historical sites.

43. Would the project require the relocation of utilities or construction of new facilities?

A PREPA poles and lines of 4KVA and 38 KVA will be affected. Also, a 4-inch water line and an 8-inch forced line of PRASA will be impacted. In adition, communication lines and poles will be affected. The plans were submitted to OGPe for agencies (PRASA,PREPA and the Puerto Rico Telecommunications and Regulation Board) coordination and approval.

44. Would the project affect airport clearance?

The project doesn’t affect the airport clearance.

45. Would the project consider the accommodations of pedestrian and bicycle facilities as part of its scope?

Yes No

Additional comments:

The accommodation of pedestrian and bicycle facilities are not part of the project’s scope.

The road geometry will not be modified since is not part of the proposed repair and

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico reconstruction works and no bicycle facilities or pedestrian facilities exist within the project limits.

46. Would the project required public involvement activities?

The public would be informed the proposed works using message boards and public announcements through social medias and newspapers, as well as other methods prior the commencement of the construction phase.

47. Does the project have any potential of controversy?

No potential of controversy is expected for the proposed project.

VII. ENVIRONMENTAL COMMITMENTS REQUIRED FOR THE PROPOSED PROJECT

1. The construction will be performed mostly within the existing ROW except for an additional area of approximately 5,039 square meters to be acquired for the drainage improvements and the installation of the rip-rap. PRHTA would provide compensation for landowners under laws of the Commonwealth of Puerto Rico, and the FHWA Uniform Relocation Assistance and

Real Property Acquisition Policies Act (Uniform Act).

2. A PREPA poles and lines of 4KVA and 38 KVA will be affected. Also, a 4-inch water line and an

8-inch forced line of PRASA will be impacted. In adition, communication lines and poles will be affected. The plans were submitted to OGPe for agencies (PRASA,PREPA and the Puerto

Rico Telecommunications and Regulation Board) coordination and approval. If the project requires additional relocations of utilities in areas where PREPA or PRASA pipe lines are closed to the excavation, a note in the project final drawings would be included to indicate that the contractor shall perform an exploratory excavation.

3. This project would not caused effect on historic properties. If an unexpected cultural resources are encountered at any time within the project area, work should cease in the immediate vicinity of such discoveries and SHPO would be notified. After, such notification, project activities should not resume without and/or written from SHPO.

4. The project is not likely to adversely affect federally-listed species or their critical habitats.

The implementation of PRHTA BMPs for Puerto Rican boa (Epicrates inornatus), Puerto Rican plain pigeon (Columba inornata wetmorei), Puerto Rican parrot (Amazona vittata), Puerto

Rican broad-winged hawk (Buteo platypterus brunnescens) would be performed.

PR-10 Km. 41.6 and 41.9, Utuado, Puerto Rico

AC-808544/AC-826549

5. Several trees will be affected by the proposed works. According to the “Reglamento Conjunto para la Evaluacion y Expedicion de Permisos Relacionados al Desarrollo, Uso de Terrenos y

Operacion de Negocios” issued on June 7, 2019, a mitigation plan will be necessary to mitigate the tree impacts. Nevertheless, an Administrative Order Number 2019-01 was issued by the Permit Management Office on January 08, 2019 to extend the streamline permit process for the projects related to the emergency. The Order authorize the cut of trees without a permit approval. The Administrative Order is effective until the validity of the state of emergency declaration issued by the Governor of Puerto Rico. If a tree mitigation plan is requested, monetary compensation would be performed according to the agreement between Department of Natural and Environmental Resources and PRHTA.

6. During the construction the PR-10 segments would be remaining open, but temporarily half section closure may be necessary. A TMP/MOT would be prepared specific for this project.

7. Erosion and sedimentation control measures would be implemented during the construction activities to prevent the discharge of pollutants into the nearby water bodies. Our Agency would require the authorization to prepare and implement an Incidental Unique Permit (PUI, Spanish acronym) and a National Pollutant Discharge Elimination System (NPDES) permit (if required). Also, we would request the contractor to comply with any other applicable regulations.

CE Approval

Approved:

May 11, 2020

Date PRHTA Authorized Representative

Concurred by:

Date FHWA Environmental Specialist

May 14, 2020 for

Highway Engineer

Appendix A

Emergency Declared Documents

44647 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices

Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant;

97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long, Administrator, Federal Emergency Management Agency.

[FR Doc. 2017–20439 Filed 9–22–17; 8:45 am]

BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA–3384– EM; Docket ID FEMA–2017–0001]

Puerto Rico; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

SUMMARY: This is a notice of the Presidential declaration of an emergency for the Commonwealth of Puerto Rico (FEMA–3384–EM), dated September 5, 2017, and related determinations.

DATES: The declaration was issued September 5, 2017.

FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated September 5, 2017, the President issued an emergency declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5207 (the Stafford Act), as follows:

I have determined that the emergency conditions in certain areas of the Commonwealth of Puerto Rico resulting from Hurricane Irma beginning on September 5, 2017, and continuing, are of sufficient severity and magnitude to warrant an emergency declaration under the Robert T.

Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (‘‘the Stafford Act’’). Therefore, I declare that such an emergency exists in the Commonwealth of Puerto Rico.

You are authorized to provide appropriate assistance for required emergency measures, authorized under Title V of the Stafford Act, to save lives and to protect property and public health and safety, and to lessen or avert the threat of a catastrophe in the designated areas. Specifically, you are authorized to provide assistance for debris removal and emergency protective measures (Categories A and B), including direct Federal assistance, under the Public Assistance program.

Consistent with the requirement that Federal assistance is supplemental, any Federal funds provided under the Stafford Act for Public Assistance will be limited to 75 percent of the total eligible costs. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal emergency assistance and administrative expenses.

Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, Department of Homeland Security, under Executive Order 12148, as amended, Alejandro DeLaCampa, of FEMA is appointed to act as the Federal Coordinating Officer for this declared emergency.

The following areas of the Commonwealth of Puerto Rico have been designated as adversely affected by this declared emergency:

All 78 municipalities in the Commonwealth of Puerto Rico for debris removal and emergency protective measures (Categories A and B), including direct federal assistance, under the Public Assistance program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant;

97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long, Administrator, Federal Emergency Management Agency.

[FR Doc. 2017–20451 Filed 9–22–17; 8:45 am]

BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA–4325– DR; Docket ID FEMA–2017–0001]

Nebraska; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

SUMMARY: This notice amends the notice of a major disaster declaration for the State of Nebraska (FEMA–4325–DR), dated August 1, 2017, and related determinations.

DATES: The amendment was issued on September 8, 2017.

FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Michael R. Scott, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Dolph A. Diemont as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant;

97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long, Administrator, Federal Emergency Management Agency.

[FR Doc. 2017–20454 Filed 9–22–17; 8:45 am]

BILLING CODE 9111–23–P

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46820 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices affected by the event declared a major disaster by the President in his declaration of September 10, 2017.

Brevard, Orange, Pasco, and St. Lucie Counties for Individual Assistance (already designated for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program).

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant;

97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long, Administrator, Federal Emergency Management Agency.

[FR Doc. 2017–21645 Filed 10–5–17; 8:45 am]

BILLING CODE 9111–15–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA–4329– DR; Docket ID FEMA–2017–0001]

New Hampshire; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

SUMMARY: This notice amends the notice of a major disaster declaration for the State of New Hampshire (FEMA–4329– DR), dated August 9 2017, and related determinations.

DATES: The amendment was issued on September 21, 2017.

FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, James N. Russo, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Albert Lewis as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant;

97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long, Administrator, Federal Emergency Management Agency.

[FR Doc. 2017–21642 Filed 10–5–17; 8:45 am]

BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA–4339– DR; Docket ID FEMA–2017–0001]

Puerto Rico; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

SUMMARY: This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Puerto Rico…