Categorical Exclusion Form (NEPA)_827579.pdf

CATEGORICAL EXCLUSION

Emergency Relief Program Landslides and Road Damage Repair

STATE ROAD PR-10 KM 46.7 AND 47.5

UTUADO, PUERTO RICO

AC-808544

February 2020 Puerto Rico Highway and Transportation Authority

ER-HWY-8

ER-HWY-9

Emergency Relief Program Landslides and Road Damage Repair

PR-10 Km. 46.7 and 47.5, 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 21

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 State Historic Preservation Office (SHPO) Coordination Appendix F Categorical Exclusion Checklist

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

PUERTO RICO HIGHWAY AND TRANSPORTATION AUTHORITY

CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM

I. GENERAL INFORMATION

State Project No. AC-808544 Federal Project No. ER-9999 (317)

Project Name Emergency Relief Program Landslides and Road Damage Repair

Route No. PR-10

From Milepost To Milepost

ER-HWY-8 46.70 ER-HWY-8 46.70

ER-HWY-9 47.50 ER-HWY-9 47.50

Municipality (ies) Utuado Total Length 730 meters ROW Cost To be determined Construction Cost $13,371,346.00

EXISTING FACILITY PROPOSED FACILITY

ROW Width 10.95 mts. ROW Width 10.95 mts.

No. Lanes & Width 3 lanes, 3.65 mts. each No. Lanes & Width 3 lanes, 3.65 mts. each Shoulder Width 3 mts. Median 0 mts. Shoulder Width 3 mts. Median 0 mts.

Overall Roadway Width 16.95 mts. Overall Roadway Width 16.95 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 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-8 PR-10 Km 46.70 ER-HWY-9 PR-10 Km 47.50

PR-10 Km. 46.7 and 47.5, 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. 46.70, PR-10 (x: 170315, y: 251804) Km. 47.50, PR-10 (x: 170285, y: 252399)

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 46.70 (ER-HWY-8)

This project site responds to a landslide area located on Km. 46.7, on the northbound side of PR-10 highway.

This landslide is located between two adjacent properties, affecting their vehicular accesses. In fact, part of the foundation of the access gate of the property to the north is in the air. The landslide area, bordered by temporary concrete barriers, is partially covered with vegetation, although patches of exposed soil can still be observed. According to a site reconnaissance survey, the runoff is collected through a chute in the cut slope and existing inlet in the PR-10 highway, located in the low point of the road, which discharges to a 40" diameter pipe culvert. This pipe culvert does not have enough capacity to handle runoff water during flood events, resulting with water overtopping the roadway, eroding the slope of the roadway embankment downstream. The proposed works would be constructed mostly within the existing right of way.

Nevertheless, to accommodate the proposed slopes repairs and drainage improvements a land acquisitions would be required. Also, a temporary easement would be required for the development of the proposed project.

PR-10 KM 47.50 (ER-HWY-9)

The landslide occurred on the southbound side of PR-10. Currently, the area is bordered with temporary concrete barriers. The landslide area is partially covered with vegetation, but soil can still be seen covering the guardrail. A site reconnaissance survey reveals that the landslide on Km. 47.5 of PR-10 highway is a shallow slide caused by erosion of the toe of the slope. No acquisition is necessary, an existing detour would be refurbished and restored for the use of commuters during construction. The water runoff is collected through open channels located along the PR-10 highway.

Proposed Project The project consists in performing repairs on PR-10 roadway segments which include, but not limited:

• primarily 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

• the replacement of safety features like guardrails and pavement markings

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

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 guarantee 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.

PRHTA proposes to perform the construction of Earth Reinforced Embankment on site locate at kilometer

46.70 based on the following reasons:

• The use of reinforcement elements would be a help to stabilize the slope.

• Geogrids would be used to increase the factor of safety against rotational landslide.

• The roadway embankment would be reconstructed and the lost clear zone on this highway segment would be restored.

• Conditions pre-hurricane María for the safety of operation would be reestablished.

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

• During the construction works the road would be maintained open totraffic.

Regarding to the kilometer 47.50, PRHTA proposes to Modify Slope With Vertical Drains based on the following reasons:

• This alternative provides adequate global stability and was highly recommended by the Geotechnical Engineer.

• Soil stability would be repaired controlling the surface runoff and groundwater, through separate elements to improve the drainage system performance.

• Flexible and gravitational structures would be used, such as gabion chute and articulating concrete block mats subject to soil mass movements.

• Less environmental impact.

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

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

IV. PLANNING CONSISTENCY PHASE I

Estimated construction time: Twenty Four (24) months Estimated Construction Cost: $13,371,346.00 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. 46.7 and 47.5, 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.

(7) Landscaping.

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

(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.

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

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

(19) Purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off the 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 402 of the Federal Water Pollution Control Act (33 U.S.C. 1341; 1342)) carried out to address water pollution or environmental degradation.

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

(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. 46.7 and 47.5, 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, the USFW IPac website was used 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 IPaC Official Species List identified the following species as potentially occurring within the project area: Puerto Rican boa (Epicrates inornatus), Puerto Rican plain pigeon (Columba inornatawetmorei), Puerto Rican parrot (Amazona vittata), Puerto Rican broad-winged hawk (Buteoplatypterus brunnescens), Puerto Rican plain pigeon (Columba inornata wetmorei), palo de rosa(Ottoschulzia rhodoxylon) Palo de Rosa (Ottoschulzia rhodoxylon) and Palo de Nigua (Cornutia obovata).

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 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.______________________________________________________________________

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

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.

4. Does the project affect USACE jurisdictional areas?

The project would not affect jurisdictional water of the US

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 USACE jurisdictional areas including wetlands.

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

No areas covered under Section 404 of the Clean Water Act is expected to be affected by the proposed proyect.

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. 46.7 and 47.5, 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. See Appendix C, Figure 4, FEMA Flood Maps.

10. Does the project affect water bodies?

No water bodies would be affected by the project right of way. The PR-10 road segments are located in the mountainous zone, surrounded by steep slopes, and manmade and natural drainage channels, responsible to redirect the runoff into the Rio Caguana. As part of the scope of the proposed project, control measures against erosion and sedimentation would be implemented to prevent the release of sediment outside the proposed project areas.

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

The proposed project not required the preparation of an H-H study.

12. Does the project affect Wild and Scenic Rivers?

The proposed project would not affect any designated Wild and Scenic Rivers for Puerto Rico.______________________________________________________________

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. 46.7 and 47.5, 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?

Two (2) trees would 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.

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?

This proposed project do not require the relocation of family or business.

PR-10 Km. 46.7 and 47.5, 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?

Yes No

Additional comments:

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?

Yes No

Additional comments:

The proposed works would be constructed mostly within the existing right of way.

Nevertheless, to accommodate the proposed slopes repairs and drainage improvements a land acquisitions would be required. 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?

Yes No

Additional comments:

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. _________

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

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

Additional comments:

No effects on noise levels are expected. A temporary minimal increase of the existing noise levels would be expected during the construction phase only.

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

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

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

Due to the scope of the project, no impact on the existing air quality levels would be expected. A temporary increase in the existing air quality levels would be expected during the construction phase only.

28. Does the project affect farmlands areas?

The proposed project would not affect any farmland or its operations.

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.

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

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

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

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

Yes No

Additional comments:

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?

Yes No

Additional comments:

During the construction, the road shoulder will be closed, and traffic would normally flow.

The commuter will not be affected during the construction works. Safety devices and warning signs would be installed to protect the workers and motorist.

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?

Yes No

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 46.7 would be restored as part of the proposed project scope.

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

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

No historical structure will be affected by the proposed project.

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

Yes No

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 determined that no historic properties would be affected within the project’s area of potential effects. SHPO final determination is included in Appendix E. 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 landslide problem, an identification of historic properties and evaluation of effects was conducted by a qualified

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico 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 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 the State Historic Preservation Office (SHPO) is included in Appendix E.

If 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.

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?

At kilometer 47.5 a fiber optic owned by AT&T that cross the project at the shoulder of the southbound would be affected. Its relocation would be coordinated with AT&T and the Puerto Rico Telecommunications and Regulation Board.

44. Would the project affect airport clearance?

The project doesn’t affect the airport clearance.

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

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 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 of 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 proposed works would be constructed mostly within the existing right of way.

Nevertheless, to accommodate the proposed slopes repairs and drainage improvements a land acquisitions would be required. 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 fiber optic owned by AT&T would be affected. Coordinatio with AT&T and the Puerto Rico Telecommunications and Regulation Board would be performed. If the project requires others relocation of any utility, 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 cultural 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 BM Ps for) Puerto Rican boa (Epicrates inornatus), Puerto Rican plain pigeon (Columba inornatawetmorei), Puerto Rican parrot (Amazona vittata), Puerto

Rican broad-winged hawk (Buteoplatypterus brunnescens), Puerto Rican plain pigeon

(Columba inornata wetmorei), palo de rosa(Ottoschulzia rhodoxylon) Palo de Rosa

(Ottoschulzia rhodoxylon) and palo de nigua (Cornutia obovata) would be performed.

5. Several trees would 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.

6. During the construction the PR-10 segments would be remaining open. 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:

V-tigs. • 2.1 , -Le t bate PRHTA• Authorized e. entative

Concurred by:

Date FHWA Environmental Specialist

PR-10 Km. 46.7 and 47.5, Utuado, Puerto Rico

AC-808544

March 23, 2020

FOR