Categorical Exclusion Form (NEPA)_828579.pdf

CATEGORICAL EXCLUSION

Emergency Relief Program Landslides and Road Damage Repair

DDIR Id: PR-10-N-17 for km. 44.7, 44.9, 45.0, 45.1 DDIR Id: PR-10-N-14 for km. 45.2

STATE ROAD PR-10 KM 44.7 TO 45.2

UTUADO, PUERTO RICO

GROUP 3C (ER-HWY-14)

AC-808544

August 2020

Puerto Rico Highway and Transportation Authority

Emergency Relief Program Landslides and Road Damage Repair

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

PUERTO RICO HIGHWAY AND TRANSPORTATION AUTHORITY

CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM

TABLE OF CONTENTS

Page

I. GENERAL INFORMATION

II. PROJECT DESCRIPTION

III. PURPOSE AND NEED

IV. PLANNING CONSISTENCY

V. PROPOSED IMPROVEMENTS

VI. ENVIRONMENTAL ISSUES EVALUATED FOR THE PROPOSED ACTION

VII. ENVIRONMENTAL COMMITMENTS REQUIRED FOR THE PROPOSED PROJECT

APPENDIXES

Appendix A Emergency Declared Documents Appendix B Emergency Relief Program Funds DDIR Document and Betterment

Justification Letter to FHWA Appendix C Figures, Maps and Plans Appendix D US Fish and Wildlife Service Coordination Appendix E H-H Study – Coordination with Department of Natural and Environmental

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

PR-10 Km. 44.7 to 45.20 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-HWY-14

Project Name

Emergency Relief Program Landslides and Road Damage Repair DDIR Id: PR-10-N-17 for km. 44.7, 44.9, 45.0, 45.1 DDIR Id: PR-10-N-14 for km. 45.2

Route No. PR-10

From Milepost 44.7 To Milepost 45.2

Municipality (ies) Utuado Total Length 500 meters

ROW Cost $1,232,000 Construction Cost $40,172,409.96

EXISTING FACILITY PROPOSED FACILITY

ROW Width 10.95 m ROW Width 10.95 m

No. Lanes & Width 3 lanes, 3.65 m each No. Lanes & Width 3 lanes, 3.65 m each

Shoulder Width 3.00 m Median 0 m Shoulder Width 3.00 m Median 0 m

Overall Roadway Width 21.09 mts. Overall Roadway Width 21.09 mts.

II. PROJECT DESCRIPTION

(Included project scope and location and refer to the attached project location map)

The Proposed Action

On March 2012, heavy rains caused landslides in four locations on PR-10: km. 43.0, km. 43.9, km. 44.9 and km. 45.0 (AC-100081). These sites received FHWA Emergency Relief (ER) funds with project ER- 10(72). A design contract was awarded on April 20, 2015 to correct those landslides. The preliminary engineer cost estimate determined at that moment was $10,779,406.88 for those repairs. Unfortunately, the ER funds allocated for the project were $3,000,000, not enough for the project construction. It took PRHTA until April 2017, to allocate enough funds on the STIP for the project. A Categorical Exclusion was signed July 22, 2017 and PRHTA proceeded with the final plans.

Nevertheless, on September 20, 2017 Hurricane Irma and Maria struck the island of Puerto Rico causing numerous landslides. Former Governor Ricardo Rossello 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 previous March 2012 landslides received more damage, plus new landslides appeared on the road. See location of the landslides in table and photos below.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

Project ID Road Segment

ER-HWY-14 PR-10 Km 44.7, 44.9, 45.0, 45.1 and 45.2

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

Because of landslides damages on PR-10 from km. 44.7 to 45.2 was so extensive and each site was so close to each other, the repair zones overlapped and PRHTA decided to treat them as one project.

For that reason, the sites on km 44.9 and km 45.0 are not part of the project AC-100081. According to the DDIR the estimated cost for sites km 44.9 and km 45.0 is $1,900,000. The DDIR documents are included in Appendix B. See the following photos:

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

Location The proposed action is found on State Road PR-10, in Salto Abajo Ward of the Municipality of Utuado.

The Lambert coordinates for the affected areas are:

Km. 44.7, PR-10 (X=171,000.472 Y=250,234.089) Km. 44.9, PR-10 (X=171,002.324 Y=250,341.338) Km. 45.0, PR-10 (X=170,962.023 Y=250,470.898) Km. 45.1, PR-10 (X=170,980.704 Y=250,589.190) Km. 45.2, PR-10 (X=170,997.872 Y=250,686.676)

Project Location Map is included in Appendix C. For that reason, the project will be financed with combined funds from federal regular funds (Omnibus Z-150), state funds and from the Emergency Relief Program associated with Hurricanes Irma and Maria.

Existing Conditions This project includes five landslides located at kilometers 44.7, 44.9, 45.0, 45.1 and 45.2 of the PR-10 highway. These areas were mostly built on fill areas with very high embankments. In order to provide drainage of the basin, about six (6) drainage pipe culverts were installed on the project limits (from Km. 44.7 to Km. 45.2) with diameters that vary from 40 inches to 42 inches. Within the project limits (500-meter length), there are about five (5) shallow depressions that collect runoff from hills and discharge it into the Rio Grande De Arecibo. On PR-123 roadway (old PR-10), which runs almost parallel to the PR-10 highway and within project limits, are about five (5) culverts which cross creeks and depressions on the natural discharge zones of the area.

The existing pipe culverts are not capable of handling extreme flows from flood events. During these events, the water flows over the highway surface and discharge to unintended directions, along the embankment. The large headwall runoff accumulation and extreme flow velocities through the undersized culverts, contributing to downstream roadway embankment scouring. The existing obstructions in the pipe culverts also induce extreme flow velocities. These problems are the main reason for the damage observed within project limits, as a result of the heavy rains caused by the passage of hurricanes Irma and Maria.

Several ponds were formed at low areas located before the embankment upstream, and large thrust forces principally at areas where pipelines change directions, contributing on the possibility of failure of manholes and pipes junction chambers, triggering landslides because of erosion and scouring. The main failures on these areas of the PR-10 highway are summarized below:

• Landslides at roadway embankment upstream which have clogged several pipe inlets obstructing partially or completely the water inflow through the pipe culverts. These problems have reduced the capacity of some existing pipe culverts and the capacity of the roadway drainage system.

• Landslides at roadway embankment downstream which have induced in some cases the failure of manholes, junction chambers and pipe culvert sections.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

• Erosion and local scour near pipe inlets which have induced in some cases the failure of riprap protection.

• Erosion and local scour at roadway embankment downstream which have triggered some landslides observed in the area, the failure of manholes at some pipe culvert line segments, and failure of several areas of the concrete paved waterways located at roadside downstream.

• Sediment accumulation of drainage open channel located upstream.

Each landslide identified by field assessments and proposed for repairs by this project are described below:

Landslide at km 44.7 An existing 40 inches diameter reinforced concrete pipe culvert (about 70 meters long) failed. As a result, the manhole of this pipe culvert also failed to induce a massive landslide on the roadway embankment downstream. The under-sizing of cross drainage pipe culvert, which induced large headwall runoff accumulation, caused the collapse of this segment of PR-10.

Landslide at km 44.9 In the embankment downstream there are three mechanically stabilized earth (MSE) walls. After hurricane María, the northern corner portion of the existing MSE walls failed. The soil on the MSE walls backfill was eroded by superficial water which degraded the stability of the system. Soil located close to the concrete facings was lost for all the MSE walls. In the area, there is also a 40 inches diameter reinforced concrete pipe about 82.57 meters long.

Landslide at km 45.0 Surficial runoff produced after hurricane María erodes the soil on this area, inducing an aggressive scarp retrogression which increased the total area of the slope instability. The erosion has down-cut thru the slope of the fill embankment, triggering a localized landslide. With time and continuing erosion, the gorge has evolved into large landslide due to head scarp progression into the existing roadway. In addition, continued erosion has progressively dislocated the 18” (parallel to PR-10) and 40” (Crossing PR-10) RC pipes sections. Traffic guardrails are hanging along the landslide. The existing 40 inches diameter reinforced concrete pipe culvert (about 82.56 meters long) and the headwall located at the end are in place. The culvert pipe inlet is clogged with debris.

Landslide at km 45.1 On this area two existing 48 inches diameter reinforced concrete pipes (about 63 meters and 89 meters long) remained in place, which induced large headwall runoff accumulation after hurricane María, causing a collapse of this segment. The erosion induced by surficial runoff that overtops the roadway, and discharges on this area, has down-cut thru the slope of the fill embankment, triggering the slope instability. Traffic guardrails close to northbound lanes are missing. A mudslide affected an access road located close to the roadway embankment upstream (southbound lanes). In addition, an 18 inches RC pipe along the landslide has collapsed and pipe culverts are clogged with debris.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

Landslide at km 45.2 On this area, a 66 inches diameter pipe culvert is located, which is clogged with sediments and debris.

Water from the hill comes by a waterfall and discharge into a pipe culvert which is clogged. Runoff accumulates at the entrance of the pipe culvert forming a detention pond. This condition is serious since water is percolating by layers of stone that was used as borrow material for fill on the PR-10 roadway embankment. This condition is compromising the integrity of the slope for the PR-10 highway. Traffic guardrails are missing in this area.

PR-10 highway was designated to have full access control but in this segment some parcels were stuck in the west side of the PR-10 (southbound direction). Roads were proposed to give access to these parcels. These access roads do not have drainage systems. In heavy rain events, the water runoff flow through the existing access roads getting to the roadway embankment downslope. This condition has caused mudslides and debris flow, compromising the stability of the roadway slopes upstream. See photo below:

Mudslide flow through access road.

The parcels are recommended for acquisition since the existing access does not have adequate drainage system. In addition, on heavy rain events, runoff flows over the access road affecting severely the embankment slope of PR-10 highway. Access roads was affected the natural surface drainage pattern of a watershed. The existing structures on these parcels will be demolished, and space will be used to accommodate the embankment slope or to mitigate the mudslide caused by the influence of inefficient drainage. See the following photos that shows the damages occurred due to the poor drainage system on the access road.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

Access road located at km. 45.1.

Erosion caused by the influence of inefficient drainage.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

Erosion caused by the influence of inefficient drainage.

Existing culvert located on access road at km. 45.1 (interior) to be removed.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

Another properties are located at the toe of the slope of PR-10 fill embankment and very close to the outlets of drainage system of the highway. Several existing properties along PR-123 roadway have been acquired by PRHTA in past projects (AC-100035 and 100081). However, the remaining structures along the project limits must be acquired since they will be affected by construction works proposed for this project.

Proposed Project The project consists in performing repairs on PR-10 roadway segments which include 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, and the replacement of safety features like guardrails and pavement markings.

To provide a solutions that give stability to the area of PR-10 roadway extending from Km. 44.7 to 45.2, several alternatives repairs were evaluated to function as a coordinated system which would provide a resilience alternative. The alternatives evaluated were:

Alternative No 1 – Considers replacing existing cross drainage pipe culverts with three bridges. This scenario improves the drainage system of the existing roadway section of the PR-10 roadway on the project limits. The drainage improvements consist in replacing the existing cross drainage pipe culverts with three multi span bridges of spans of six, two, and three spans respectively, located on kms. 44.7 to 44.9 (Bridge No.3), 45 (Bridge No.2) and 45.2 (Bridge No.1). For this alternative, more right of way is necessary. At least, twelve (12) parcel and nine (9) structures are required to acquire in which four (4) families and one (1) business need relocation for construction of the bridges. This alternative has an estimated construction cost of $29 million. Following is an example figure of the alternative.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

Alternative No 2 – Considers replacing cross drainage pipe culverts with culvert array and connecting drop manholes. The tunnel lining plate method is proposed to replace the cross-drainage pipe culverts and drop man-holes were used to reduce the slope of the pipe and the flow velocity. Large reinforced concrete structures are required for drop manholes, since large differences in pipe elevations are taken within these structures. For this alternative, more right of way is necessary. At least, fifteen (15) parcel with fifteen (15) structures are required to acquire in which nine (9) families and one (1) business need relocation for the construction of the slope of fill embankment. This alternative has an estimated construction cost of $23 million. Following is an example figure of the alternative.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

Alternative No 3 – Considers replacing existing cross drainage pipe culverts with broken back culverts. Broken back culverts are suitable to be installed by horizontal directional drilling method, however as stated previously, the diameter required is much larger than the maximum capable by the local contractor. This system provides two different pipe sections having different slopes along the length which are used to reduce flow velocity. For this alternative, more right of way is necessary.

At least, fifteen (15) parcel with fifteen (15) structures are required to acquire in which nine (9) families and one (1) business need relocation for the construction of the slope of fill embankment.

This alternative has an estimated construction cost of $21 million. Following is an example figure of the alternative.

The Alternative 1 was selected by PRHTA which proposes to perform the construction of Three (3) ABC Bridges based on the following reasons:

• Accelerated bridge construction (ABC) technology results in an overall decrease in construction time when compared with traditional bridge construction methods.

• The structural design of the bridges considers pre-fabricated elements for both the superstructure and the substructure.

• Would provide an unobstructed flood passage across the section.

• Flow velocity across the bridge section would be comparable to ambient velocity.

• Would set back the possible scour impact on the section.

• Would not encroach on natural flow pathway.

• Minor impacts on ROW acquisition and less family relocation.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

No need for Road Closure during construction. The works can be done by building first the half of the bridge (wide enough for a two-lane) and, then use it as a detour. A Betterment Justification was submitted to FHWA for evaluation and approval on July 23, 2019. Copy of the Betterment Justification letter is included on Appendix B.

An evaluation of ROW per alternative and 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 Proposed Project is to stabilize the deteriorating section 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 a quality visitor experience that meets with the Federal Highway Administration standards.

Need The proposed project is needed for the following reasons:

• The roadway segment is 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 section.

• The roadway is an important corridor for local traffic.

IV. PLANNING CONSISTENCY

Estimated construction time: 36 months (3 years)

Estimated Construction Cost: $40,172,409.96

Estimated date for ROW: Second Semester 2020

Estimated date for PS&E: Second Semester 2020

Estimated date for Construction phase begins: First Semester 2021

Project STIP Consistency: The project will be financed with combined funds:

$38,272,409.96 from the Emergency Relief Program associated with Hurricanes Irma and Maria (DDIR documents are included in Appendix B), $1,520,000 from federal regular funds (Omnibus Z-150) and $380,000 from state funds.

PR-10 Km. 44.7 to 45.20 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. 44.7 to 45.20 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. 44.7 to 45.20 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 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

PR-10 Km. 44.7 to 45.20 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. 44.7 to 45.20 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 USFWS 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 inornata wetmorei), Puerto Rican parrot (Amazona vittata) and Puerto Rican broad-winged hawk (Buteoplatypterus 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 that no further consultation is required (See Appendix D). Nevertheless, 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. 44.7 to 45.20 Utuado, Puerto Rico

4. Does the project affect USACE jurisdictional areas?

The project would affect jurisdictional water of the US. Two Nationwide Permits will be submitted to USACE for approval.______________________________________

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

Additional comments:

The proposed project would not affect wetlands areas but required USACE permits for impacts to the waterbodies.

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

The project affects areas covered under Section 404 of the Clean Water Act. A USACE permits is required for approval.

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

Yes No

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.

9. Does the project locate within a floodplain zone?

The FEMA flood map panel for the Project Areas is 72000C0615H, with an effective date on April 2019. A Zone X floodplain has been mapped for the subject areas. See Figure of FEMA Flood Maps on Appendix C.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

10. Does the project affect water bodies?

The proposed construction works in the waterways are required. 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 construction sites. A USACE permit will be submitted for approval.

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

Two H-H studies were necessary for km 44.9 and km 45.2. The studies were prepared and submitted to Department of Natural and Environmental Resources for evaluation and approval on July 31, 2020. Copy of the submission letters are included 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 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.

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

The proposed project would not affect the existing floodplain levels_

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

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

The proposed project does not require any stream relocations or channel changes. The project will reestablish the natural flow of the water through the area.

17. Does the project affect trees?

The proposed project would affect some trees, but no permit is necessary for the cut. An Administrative Order Number 2019-01 issued by Permit Management Office, on January 8, 2019, authorize the cut of trees without the request of a permit. The Administrative Order is effective until the declaration of state of emergency by the Governor of PR is valid. If a mitigation plan is requested by Department of Natural and Environmental Resources (DNER), the trees will be mitigated by planting new trees in the area or by compensatory mitigation according to the agreement between the DNER 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?

To accommodate the proposed slopes repairs and drainage improvements, the project requires the relocation of approximately four (4) families and one (1) business. 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).

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. ______

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

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:

Actually, four (4) parcel lots and five (5) buildings belongs already to the PRHTA. However, more right of way would be acquired to accommodate the proposed slopes repairs and drainage improvements. At least twelve (12) parcel lots (35 cuerdas) and nine (9) structures (3 of them abandon) would be acquired for the construction of the proposed project. 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 have positive impacts to the community cohesion in the adjacent project’s neighborhoods. Actually, the connection between the neighborhoods is limited to one lane due to the damages occurred by the hurricanes. The proposed project will reestablish the connection in a better and safety manner.

23. Does the project affect community services?

The proposed project would affect an optical fiber owned by ATT. It would be relocated in exposed conduits and parallel to the new bridges.

24. Does the project consider non-discrimination considerations?

The proposed project took into consideration non-discrimination practices. The project consists in corrective actions to guarantee a safer connection for the surrounding communities. By implementing these measures the PRHTA made sure that the project does not cause disproportionately high and/or adverse environmental effects on low income and/ or minority population located near the project area. The project was developed in compliance with DOT Order 5610.2 (a) and Executive Order 12898.

PR-10 Km. 44.7 to 45.20 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 of the project.

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. 44.7 to 45.20 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 geometric configuration and improve safety traffic along the PR-10 corridor.

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

Yes No

Additional comments:

Throughout construction, the PR-10 segment 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?

Yes No

The proposed project does not require a bridge replacement.

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

The Proposed Project considers the replacing existing cross drainage pipe culverts with three bridges.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

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

A Phase I study was performed by a qualified archeologist to determine the effects on historic properties. According to the evaluation, several historic properties are within or adjacent to the area of potential effect. Nevertheless, no adverse effect to historical structure is expected by the proposed project if any activity on the culverts will be carried out with an archaeological supervision. Also, an archaeological protection and supervision plan of the historic culverts was recommended and will be implemented, including an inventory and documentation of the properties. A consultation letter to SHPO was submitted and their concurred on July 30, 2020.

Copy of the letters are included on 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.

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:

A Phase I study was performed by a qualified archeologist to identify the existence of remains and the evaluation of effects in the area of potential effects. According to the documentary investigation, no precolonial sites were identified in the APE but two sets of petroglyphs UT-84 and UT-83 are nearby. However, these petroglyphs will not be directly or indirectly impacted by the project activities. A consultation letter to SHPO was submitted and their concurred on July 30, 2020. Copy of the letters are included on 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.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

40. Would the project affect any historic property?

A Phase I study was performed by a qualified archeologist to determine the effects on historic properties. According to the evaluation, several historic properties are within or adjacent to the area of potential effect. Nevertheless, no adverse effect to historical structure is expected by the proposed project if any activity on the culverts will be carried out with an archaeological supervision. Also, an archaeological protection and supervision plan of the historic culverts was recommended and will be implemented, including an inventory and documentation of the properties. A consultation letter to SHPO was submitted and their concurred on July 30, 2020.

Copy of the letters are included on Appendix F. 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

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?

An optical fiber owned by ATT would be relocated in exposed conduits and parallel to the new bridges.

44. Would the project affect airport clearance?

The project doesn’t affect the airport clearance.

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico

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

No accommodation of pedestrian and bicycle facilities are part of the project’s scope.

46. Would the project required public involvement activities?

A meeting with the owners affected by the project would be performed. Also, 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 require additional right of way to accommodate the proposed slopes repairs and drainage improvements. Eleven (11) parcel lots and eight (8) properties acquisitions would be required. Four (4) families and one (1) business will need to be relocated. 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 relocation of a fiber optic of ATT is required as a part of the project. Coordination with the facility will be performed. If the project requires the relocation of another 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 cause an adverse effect on cultural historic properties. Any activity on the culverts will be carried out with an archaeological supervision. Also, an archaeological protection and supervision plan of the historic culverts will be implemented, including an inventory and documentation of the properties. If an unexpected cultural resources are encountered at any time within the project area, work should cease in the immediate vicinity of

PR-10 Km. 44.7 to 45.20 Utuado, Puerto Rico 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 Epicates inornatus (Puerto Rican Boa), Puerto Rican plain pigeon (Columba inornata wetmorei), Puerto Rican parrot (Amazona vittata) and Puerto Rican broad-winged hawk (Buteoplatypterus brunnescens) would be performed.

5. The proposed project would affect some trees, but no permit is necessary for the cut. An

Administrative Order Number 2019-01 issued by Permit Management Office, on January 8, 2019, authorize the cut of trees without the request of a permit. The Administrative Order is effective until the declaration of state of emergency by the Governor of PR is valid. If a mitigation plan is requested by Department of Natural and Environmental Resources (DNER), the trees will be mitigated by planting new trees in the area or by compensatory mitigation according to the agreement between the DNER and PRHTA.

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:

August 19, 2020

Date PRHTA Authorized Representative

Concurred by:

Date FHWA Environmental Specialist