Categorical Exclusion Form (NEPA) - AC-908579_HWY-257.pdf

CATEGORICAL EXCLUSION

Submitted to:

PUERTO RICO HIGHWAY AND TRANSPORTATION AUTHORITY

ENVIRONMENTAL STUDIES OFFICE

PO Box 42007, San Juan, Puerto Rico 00940-2007

DECEMBER 2020

EMERGENCY RELIEF PROGRAM

LANDSLIDE CORRECTION PROJECT

HIGHWAY PR-155 (KM. 36.15)

ER-HWY-257

MOROVIS, PUERTO RICO

AC-807544/ AC-825579/ER-9999(316)

DDIR Id: PR-155-N-11 AAI 12/14/2020

Categorical Exclusion Emergency Relief Program Landslides Correction Project ER-HWY-257, PR-155, Km. 36.15, Morovis, Puerto Rico

TABLE OF CONTENTS

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

APPENDIX

APPENDIX A- EMERGENCY DECLARED DOCUMENTS

APPENDIX B - FIGURES, MAPS AND PLANS

APPENDIX C - DAMAGE DETAIL INSPECTION REPORT

APPENDIX D - US FISHER AND WILDLIFE COORDINATION

APPENDIX E - STATE HISTORIC PRESERVATION OFFICE COORDINATION

APPENDIX F– CATEGORICAL EXCLUSION CHECKLIST

PUERTO RICO HIGHWAY AND TRANSPORTATION AUTHORITY

CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM

I. GENERAL INFORMATION

State Project No.:

AC-807544/AC-825579

Federal Project ER-9999(316)

Project Name:

EMERGENCY RELIEF

PROGRAM- LANDSLIDE

CORRECTION PROJECT

Route No.: PR-155

From Milepost: Km. 36.15 To Milepost: Km. 36.15

Municipality: Morovis Length: 20 meters

ROW Cost: To be determined Construction Cost: $ 430,000.00

EXISTING FACILITY PROPOSED FACILITY

ROW Width: 15 meters ROW Width: 15 meters

No. Lanes & Width:

2 lanes- 3.65 meters wide (one in each direction)

No. Lanes & Width:

2 lanes- 3.65 meters wide (one in each direction)

Shoulder Width:

Varies from 1.2 to 2.4 meters, where available.

Shoulder Width:

Varies from 1.2 to 2.4 meters, where available.

Median: N/A Median: N/A

Overall Roadway Width:

30 meters Overall Roadway Width:

30 meters

II. PROJECT DESCRIPTION

(include project scope and location map, and location and refer to attached project map).

On September 6 and 20, 2017 hurricanes Irma and María, respectively, passed over Puerto Rico and impacted many areas and structures including highways, roads and bridges under the jurisdiction of the Puerto Rico Highway and Transportation Authority (PRHTA). As consequence of the damages that resulted from these hurricanes the Governor of Puerto Rico and the President of the United States declared a state of emergency in the Island. See referenced documents enclosed in Appendix A.

Congress authorized in Title 23, United States Code, Section 125, a special program from the Highway Trust Fund for the repair or reconstruction of Federal-aid highways and roads on Federal lands which have suffered serious damage as a result of (1) natural disasters or (2) catastrophic failures from an external cause. This program, commonly referred to as the emergency relief or ER program, supplements the commitment of resources by States, their political subdivisions, or other Federal agencies to help pay for unusually heavy expenses resulting from extraordinary conditions.

The applicability of the ER program to a natural disaster is based on the extent and intensity of the disaster. Damage to highways must be severe, occur over a wide area, and result in unusually high expenses to the highway agency. Applicability of ER to a catastrophic failure due to an external cause is based on the criteria that the failure was not the result of an inherent flaw in the facility but was sudden, caused a disastrous impact on transportation services, and resulted in unusually high expenses to the highway agency.

Location

The proposed Emergency Relief Program for landslide project is located at kilometer 36.15 of state road PR-155 within the limits of the municipality of Morovis. This landslide occurred in the aftermath of Hurricane María on September 20, 2017, and most of them have a small footprint. Therefore, the extent of the required repairs is limited and consistent with those associated with an emergency repair type of project. However, this statement does not minimize the fact that these repairs are important for the residents of the municipality of Morovis as well as users from nearby municipalities that use this highway on a daily basis to commute from their homes to their working places, schools, medical appointments and to conduct other important trips. Photographs illustrating the extent of the damages, location map as well as the proposed project plans have been included in Appendix B.

Damage Description

Damages were caused by a landslide along the southern lane of PR-155. The area impacted by the landslide has a length of approximately 20 meters and occurred at an approximate distance of 50 meters south of the 36.20 marker. A guardrail located in this area was also affected by the landslide and is hanging or its bases eroded. A crossroad storm sewer drainage was observed but was not affected by the landslide. The landslide affected area has continued to deteriorate because of rain events that continue to occur in the area. See copy of the Detailed Damage Inspection Report (DDIR) on Appendix C.

Proposed Repair Activities

Excavation of up to 16.5 feet (5.0 meters) for new structure foundation.

Installation of a five (5) level gabion gravity retaining wall combined at the top with a fill sloped at two (2) horizontal to one (1) vertical slope with an approximate height of 3.0 meters.

The implementation of the recommended repair will impact a complete lane of the existing road and would require the acquisition of 157.5452 square meters to accommodate the proposed slopes repairs. Also, a temporary easement (312.4711 square meters) would be necessary for construction purposes.

Restoration of asphalt pavement, guardrail, and the storm sewer drainage system.

Current highway conditions are adversely impacting the quality of life of the residents for the area.

Considering the applicable Design Class Code R-6 applicable to the highway, the Average Daily Traffic (ADT) varies between 2,000 and 6,000 vehicles. Its minimum Level of Service (LOS) will be C and its maximum operating speed limit is 40 Miles per Hour (MPH). The typical road section is of two (2) lanes, one (1) in each direction, with no median and no paved shoulders.

III. PURPOSE AND NEED

On September 20, 2017, Puerto Rico was hit by the winds and rains of a catastrophic category 5 hurricane called María. This hurricane left the island of Puerto Rico devastated, causing great damages in the highways. Multiple landslides have affected roads causing roadblocks and ground instabilities.

Keeping roads and bridges in good condition is critical to the safety of the nation’s transportation system including Puerto Rico. PR-816 was affected by the hurricane.

The purpose of the project is to solve the problem of unstable soil due to different factors, including poor management of surface runoff during or after a significant rain event, where the soil can reach its maximum saturation capacity and fail. The emergency repair works would restore essential travel, enough to permit traffic to travel over it safely, minimize the extent of damage, and / or protect the remaining facilities.

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.

The scope of work is mainly focused on reconstructing the landslides along PR-155 (at Km. 36.15). In addition, safety devices affected by the events will be replaced. In order to restore PR-155 in a manner that substantially conforms to the preexisting design, function, and location as the original, the works described in Section II would be performed.

IV. PLANNING CONSISTENCY

Estimated Construction Time 7 months

Estimated Construction Cost: $ 430,000.00 Estimated Date of ROW: First Semester 2021 Estimated Date PS & E: First Semester 2021

Estimated Date for Construction Phase Begins: First Semester 2021

Project STIP Consistency:

These projects will be financed with funds from the Emergency Relief Program associated to Hurricanes Irma and María. Detailed Damage Inspection Reports (DDIR) are included Appendix C.

V. PROPOSED IMPROVEMENTS

23 CFR §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.

23 CFR §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.

(b) 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.

(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.

(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 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.

(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.

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) An 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 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.

VI. ENVIRONMENTAL ISSUES EVALUATED FOR THE PROPOSED ACTION

ECOLOGICAL

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

Yes No

Additional comments:

The project would not have a substantial impact or impact on any unique or important natural resource.

2. Does the project involve habitat where 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 were used to obtain an Official Species List (see Appendix D) identifying the federally protected species which could occur within the environmental study area and to make an anticipated Effects Determination for each species, for the site. The USFWS IPaC Official Species List identified the following specie as potentially occurring within the projects area (include species): Puerto Rican Boa (Epicrates inornatus). No habitats of federally listed endangered or threatened species would be affected for the proposed project.

3. Does the project qualify as a minor action that may be conducted as per the 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:

A consultation letter was submitted to USFWLS for the proposed project. According to the nature of the projects, habitat characteristics, and the implementation of PRHTA BMPs, it is the agency belief, that the projects is not likely to adversely affect federally-listed species or their critical habitats, therefore, the USFWS concurred that no further consultation is required. On letter dated March 2, 2020, USFWLS concurred with our determination. Nevertheless, if the project is modified or if information on impacts to listed species becomes available, PRHTA will contact the USFWS office concerning the need for the initiation of consultation under Section 7 of the Act. Copy of the USFLWS letter and IPAc documents are included in Appendix D.

4. The project affects USACE jurisdictional areas?

A review of the IPAC results as well as the National Wetland Inventory Maps indicate that the project would not affect jurisdictional water of the US (see Appendix D).

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 permanent or temporary wetlands

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

No areas covered under Section 404 of the Clean Water Act will be affected.

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

Yes No

Additional comments:

According to survey, site visit and investigation made by our firm, no UST’s or hazardous materials were observed within the project’s limits.

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

The proposed project constructions are in upland. No U.S. Coast Guard permit is required.

9. Is the project located within a floodplain zone?

The project areas are located within flood Zone X, according to the FEMA flood map panel effective since November 18, 2009 (Panel 72000C0670J). Zone X is an area of moderate coastal flood risk outside the regulatory 1% annual chance flood but within the limits of the 0.2% annual chance flood level. The project is not anticipated to affect flood heights or base floodplain limits. See Appendix B, FEMA Flood Maps.

10. Does the project affect water bodies?

No water bodies would be affected by the proposed project area.

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

The project does not require to prepare a H/H Study.

12. Does the project affect Wild and Scenic Rivers?

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

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

Since the project would not affect surface bodies of water, no adverse effect on Essential Fish Habitat is expected.

14. Does the project affect coastal municipalities?

The proposed project is far from the coastal zone of the island. The project is located outside of Coastal or maritime zones.

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

The proposed project would not affect the existing floodplain levels.

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

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

17. The project affects trees?

Additional comments:

The proposed project will affect approximately eight (8) trees at ER-HWY-257, PR-155, Km 36.15, Morovis, Puerto Rico. According to the “Reglamento Conjunto para la Evaluación y Expedición de Permisos Relacionados al Desarrollo, Uso de Terrenos y Operación de Negocios” issued on June 7, 2019”, a mitigation plan will be necessary to mitigate the tree impacts. Nevertheless, an Administrative Order Number 2019-01 was issued by Permit Management Office on January 8, 2019 to extend the streamline permit process for the project related to the emergency. The Order 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 tree mitigation plan is requested, monetary compensation would be performed according to the agreement between Department of Natural and Environmental Resources and PRHTA.

SOCIAL, ECONOMIC AND CULTURAL RESOURCES

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

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

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

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

20. Will 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 project would not have a disproportionately high and adverse impact 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?

Additional ROW (157.5452 square meters) will be acquired to accommodate the proposed slopes repairs. Also, a temporary easement (312.4711 square meters) would be necessary for construction purposes. 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 the community services?

The proposed action would not negatively affect community’s services.

24. Does the project consider the non-discrimination considerations?

The proposed project took in 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 mase 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.

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

No adverse impact on the existing noise levels is expected. Construction noise would create a temporary and intermittent impact; however, no area would be exposed to construction noise for long term duration, and therefore, extended disruption of normal activities is not anticipated

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 in the existing air quality levels?

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

28. Does the project affect farmlands areas?

The proposed project would not affect farmlands areas.

29. Does the project have any significant aesthetic effects?

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

30. Does the project affect recreational areas?

The proposed project would not affect recreational areas.

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

The proposed project would not have any change in access control.

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

The proposed project would not have an adverse effect on permanent local traffic patterns or community cohesiveness. The project would keep the same geometry and would improve safety traffic along the PR-155.

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

Yes No

Additional comments:

The traffic flow will be maintained during the construction using the existing road, with a proper Maintenance of Traffic (MOT) that includes 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 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 affects a bridge or a culvert?

This project is about an improvement of a landslide along the southern lane of PR-155, Km 36.15, occurred during Maria hurricane, and this landslide don’t occur in or nearly to a bridge or a culvert.

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

No historical bridges or culverts are found within the Proposed Project limits.

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

The project purpose is to restore the highway capabilities to a pre-disaster condition. Due This reason, the project does not have a substantial controversy on social, economic, or environmental grounds.

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

Yes No

Additional comments:

As part of the damages and possible solutions evaluation for the landslide problem, an identification of archeological remains and historic properties and evaluation of effects was conducted. The sites were evaluated by a qualified archaeologist. No archeological remains important to history and pre-history would be affected for the proposed project.

The studies have a determination of no effect due to the undertaking.

40. Will the project affect any historic property?

As part of the damages and possible solutions evaluation for the landslide problem, an identification of archeological remains and historic properties and evaluation of effects was conducted. The sites were evaluated by a qualified archaeologist. Road PR-155 is eligible to the NHPR, however, the proposed project would not have adverse effect to the property. The studies had a determination of no adverse effect due to the undertaking and no further studies were recommended. The letter documenting concurrence from the State Historic Preservation Office (SHPO), of October 19, 2020, is enclosed (Appendix E). If unexpected cultural resources are encountered at any time within the projects area, work should cease in the immediate vicinity of such discoveries. SHPO would be notified.

Projects activities should not resume without authorization from SHPO.

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

Fund Act)?

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

42. Will 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. Will the project require the relocation of utilities or construction of new facilities?

The project would repair existing utilities (storm sewer system pipes). These conditions shall be addressed during the design phase of the project. If the project requires the relocation of utilities in areas close to the excavation sites, final project plans would incorporate the need to perform an exploratory excavation prior to engaging construction activities. Prior consultation with PRASA, PREPA and/or the JRTC would be performed as required.

44. Will the project affect the airport clearance?

The project doesn’t affect the airport clearance.

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

Yes No

Additional comments:

No accommodation of pedestrian and bicycle facilities are part of the project’s scope. PR- 155 segment is two lane roadways without shoulders, and its capacity for expansion is limited. Its geometry and operational components would be preserved.

46. Will the project required public involvement activities?

Additional comments:

The public would be informed of the proposed project using variable messages boards, public announcements through social media and newspaper, as well as other methods, prior the commencement of the construction phase.

47. The project has any potential of controversy?

No potential of controversy is expected for the proposed project.

An Environmental categorical Exclusion Checklist is included on Appendix F.

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 an approximately 157.5452 square meters of land acquisition would be required. Also, a temporary construction easement (312.4711 square meters) would be necessary for construction purposes. 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. The project is not likely to adversely affect federally listed species or their critical habitats. The implementation of PRHTA BMPs for Boa of Puerto Rico (Epicrates inornatus) will be performed.

3. The proposed project will affect approximately eight (8) trees at ER-HWY-257, PR-155, Km 36.15, Morovis, Puerto Rico. According to the “Reglamento Conjunto para la Evaluación y Expedición de Permisos Relacionados al Desarrollo, Uso de Terrenos y Operación de Negocios” issued on June 7, 2019”, a mitigation plan will be necessary to mitigate the tree impacts. Nevertheless, an Administrative Order Number 2019-01 was issued by Permit Management Office on January 8, 2019 to extend the streamline permit process for the project related to the emergency. The Order 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 tree mitigation plan is requested, monetary compensation would be performed according to the agreement between Department of Natural and Environmental Resources and PRHTA.

4. Road PR-155 is eligible to the NHPR, however, the proposed project would not have adverse effect to the property. 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.

5. 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 National Pollutant Discharge Elimination System (NPDES) permit (if required). Also, we would request the contractor to comply with any other applicable regulations.

6. During the construction of this project at State PR-155, kilometer 36.15, the project limits would remain open to the traffic in both directions. A TMP/MOT would be prepared specifically for this project.

7. The project requires the relocation of utilities in areas where PREPA and PRASA pipelines are close to excavation, a note in the project final plans would be included to indicate that the contractor shall perform an exploratory excavation.

CE Approval

Approved:

December 14, 2020

Date PRHTA Authorized Representative

Concurred by:

Date FHWA Environmental Specialist

APPENDIX A- EMERGENCY DECLARED DOCUMENTS

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

Brown Fund; 97.032, Crisis Counseling;

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

97.046, Fire Management Assistance Grant;

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

Brock Long, Administrator, Federal Emergency Management Agency.

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

BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

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

Puerto Rico; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

DATES: The declaration was issued September 5, 2017.

FOR FURTHER INFORMATION CONTACT:

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

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

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

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

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

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

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

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

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

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

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

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

97.046, Fire Management Assistance Grant;

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

Brock Long, Administrator, Federal Emergency Management Agency.

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

BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

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

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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

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

FOR FURTHER INFORMATION CONTACT:

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

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

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

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

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

97.046, Fire Management Assistance Grant;

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

Brock Long, Administrator, Federal Emergency Management Agency.

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

BILLING CODE 9111–23–P

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

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

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

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

97.046, Fire Management Assistance Grant;

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

Brock Long, Administrator, Federal Emergency Management Agency.

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

BILLING CODE 9111–15–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

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

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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

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

FOR FURTHER INFORMATION CONTACT:

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

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

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

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

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

97.046, Fire Management Assistance Grant;

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

Brock Long, Administrator, Federal Emergency Management Agency.

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

BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

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

Puerto Rico; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

SUMMARY: This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Puerto Rico (FEMA–4339–DR), dated September 20, 2017, and related determinations.

DATES: The declaration was issued September 20, 2017.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated September 20, 2017, the President issued a major disaster declaration under the authority of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.

(the ‘‘Stafford Act’’), as follows:

I have determined that the damage in certain areas of the Commonwealth of Puerto Rico resulting from Hurricane Maria beginning on September 17, 2017, and continuing, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Act’’). Therefore, I declare that such a major disaster exists in the Commonwealth of Puerto Rico.

In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.

You are authorized to provide Individual Assistance and assistance for debris removal and emergency protective measures (Categories A and B) under the Public Assistance program in the designated areas, Hazard Mitigation throughout the Commonwealth, and any other forms of assistance under the Stafford Act that you deem appropriate subject to completion of Preliminary Damage Assessments (PDAs).

Direct Federal assistance is authorized.

Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, with the exception of projects that meet the eligibility criteria for a higher Federal cost-sharing percentage under the Public Assistance Alternative Procedures Pilot Program for Debris Removal implemented pursuant to section 428 of the Stafford Act.

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

The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Alejandro DeLaCampa, of FEMA is appointed to act as the Federal…