Categorical Exclusion Form (NEPA) - AC-905579_HWY-483_Appendices.pdf

APPENDIX D - US Fish and Wildlife Service Coordination

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Caribbean Ecological Services Field Office Post Office Box 491

Boqueron, PR 00622-0491 Phone: (787) 851-7297 Fax: (787) 851-7440 http://www.fws.gov/caribbean/es

In Reply Refer To:

Consultation Code: 04EC1000-2019-SLI-1024 Event Code: 04EC1000-2019-E-01547 Pro ect Name: Emergency Relief Program Landslides and Road Damage Repair ER-HW -48

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

*THE FOLLOWING SPECIES LIST IS NOT A SECTION 7 CONSULTATION. PLEASE

CONTACT OUR OFFICE TO COMPLETE THE CONSULTATION PROCESS*

The purpose of the Endangered Species Act (Act) is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect those species and/or their designated critical habitat.

Federal agencies are required to "request of the Secretary of Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

The enclosed species list provides information to assist with the consultation process with the U.S. Fish and Wildlife Service (Service) under section 7 of the Act. However, the enclosed species list does not complete the required consultation process. The species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitats, that may occur within the boundary of your proposed project and/or may be affected by your proposed project.

A discussion between the Federal agency and the Service should include what types of listed species may occur in the proposed action area, and what effect the proposed action may have on those species. This process initiates informal consultation.

July 12, 2019

07/12/2019 Event Code: 04EC1000-2019-E-01547 2

When a Federal agency, after discussions with the Service, determines that the proposed action is not likely to adversely affect any listed species, or adversely modify any designated critical habitat, and the Service concurs, the informal consultation is complete and the proposed project moves ahead. If the proposed action is suspected to affect a listed species or modify designated critical habitat, the Federal agency may then prepare a Biological Assessment (BA) to assist in its determination of the project's effects on species and their habitat.

However, a BA is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a BA where the agency provides the Service with an evaluation on the likely effects of the action to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a BA are described at 50 CFR 402.12.

If a Federal agency determines, based on its BA or biological evaluation, that listed species and/ or designated critical habitat may be affected by the proposed project, the agency is required to further consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation process.

More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

Additionally, wind energy projects should follow the wind energy guidelines (http:// www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:

07/12/2019 Event Code: 04EC1000-2019-E-01547 3 http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

For more information:

U.S. Fish and Wildlife Service

Caribbean Ecological Services Field Office

Road 301, Km. 5.1 / Bo. Corozo

Boquern, PR 00622

Telephone: (787) 851-7297

Fax: (787) 851-7440

Email: caribbean_es@fws.gov http://www.fws.gov/caribbean/es

Send all documents to:

U.S. Fish and Wildlife Service

P.O. Box 491

Boquern, Puerto Rico 00622

Attachment(s):

Official Species List Wetlands

07/12/2019 Event Code: 04EC1000-2019-E-01547 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Caribbean Ecological Services Field Office Post Office Box 491 Boqueron, PR 00622-0491

(787) 851-7297

07/12/2019 Event Code: 04EC1000-2019-E-01547 2

Project Summary Consultation Code: 04EC1000-2019-SLI-1024

Event Code: 04EC1000-2019-E-01547

Project Name: Emergency Relief Program Landslides and Road Damage Repair ER-

HWY-483

Project Type: TRANSPORTATION

Project Description: Landslides and Road Damage Repair

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/18.27124441824519N66.39675099431662W

Counties: Morovis, PR

07/12/2019 Event Code: 04EC1000-2019-E-01547 3

Endangered Species Act Species There is a total of 1 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Reptiles

NAME STATUS

Puerto Rican Boa Epicrates inornatus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6628 General project design guidelines:

https://ecos.fws.gov/ipac/guideline/design/population/156/office/41430.pdf

Endangered

Critical habitats

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S

JURISDICTION.

07/12/2019 Event Code: 04EC1000-2019-E-01547 1

Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.

APPENDIX E - State Historic Preservation Office (SHPO) Coordination

Oficina Estatal de Conservación Histórica

C u a r t e l d e B a l l a j á , S a n J u a n , P R • P O B o x 9 0 2 3 9 3 5 , S a n J u a n , P R 0 0 9 0 2 - 3 9 3 5 • w w w . o e c h . p r . g o v • 7 8 7 - 7 2 1 - 3 7 3 7

January 28, 2021

Luis E. Rodríguez Rosa Deputy Executive Director PR Highway and Transportation Authority PO Box 42007 San Juan, PR 00940-2007

SHPO: 06-20-19-03 EMERGENCY WORKS ON VARIOUS ROADWAYS DUE TO HUR-

RICANES IRMA AND MARIA, PR-155, KM 35.0, MOROVIS, PUERTO RICO / AC-

812544/ AC-843579 ER-HWY-483

Dear Mr. Rodríguez, We have reviewed the above referenced project in accordance with the regula-tions implementing Section 106 of the National Historic Preservation Act.

We believe a finding of nno historic properties affected would be appropriate for this undertaking.

If you have any questions concerning our comments, do not hesitate to contact our Office.

Sincerely, Carlos A. Rubio-Cancela State Historic Preservation Officer

CARC/GMO/MB