Categorical Exclusion Form (NEPA) - AC-916579_HWY-286 287.pdf

March 26, 2021

Mr. Jamie Christian Division Administrator Federal Highway Administration 350 Torre Chardón, Suite 210 San Juan, Puerto Rico 00918

CATEGORICAL EXCLUSION

EMERGENCY RELIEF PROGRAM FOR LANDSLIDE

REPAIR OF PR-159, KM. 3.2, 3.8 & 7.8

MOROVIS - COROZAL, PUERTO RICO

ER-HWY-286, ER-HWY-287, ER-HWY-288

AC-822544/AC-877579

Dear Mr. Christian:

We are submitting for your review and concurrence, the Categorical Exclusion Document prepared for the above reference project.

If you have any comments, please contact me at the telephone number (787) 721-8787, extensions 1008.

Cordially yours, Luis E. Rodriguez Rosa Deputy Executive Director

Enclosure

CATEGORICAL EXCLUSION

Emergency Relief Program

Landslide Correction

ER-HWY-286, 287 & 288

State Road PR-159

Km 3.2, 3.5 & 7.8 Municipalities of Morovis and Corozal, Puerto Rico

Group B

AC-822544/AC-877579

March 2021

Puerto Rico Highway and Transportation Authority Environmental Studies Office

Table of Contents

Puerto Rico Highway and Transportation Authority Categorical Exclusion Action Classification Form

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

Appendices

Appendix A. Emergency Declared Documents

Appendix B. Figures, Maps and Drawings

Appendix C. Emergency Relief Program Funds DDIR Document

Appendix D. US Fish and Wildlife Service Coordination

Appendix E. State Historic Preservation Office (SHPO) Coordination

Appendix F. Categorical Exclusion Checklist

Categorical Exclusion Emergency Relief Program – Landslide Correction Project ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

Puerto Rico Highway and Transportation Authority Categorical Exclusion Action Classification Form

I. General Information

State Project No.: AC-822544/AC-877579 Federal Project: 9999(331)

Project Name: Emergency Relief Program Landslide Corrections Project

Route No: PR-159

From Milepost: KM 3.2 To Milepost: KM 7.8

Municipality: Morovis and Corozal Length: 4.6 km

ROW Cost N/A Construction Cost: $166,224.91

EXISTING FACILITY PROPOSED FACILITY

ROW Width Varies from 10.0 to 14.0 m ROW Width Varies from 10.0 to 14.0 m

No. Lanes & Width

2 lanes / width varies from

2.16 - 3.66 m each

No. Lanes & Width 2 lanes / width varies from

2.15 - 3.66 m each

Shoulder Width N/A. Median NA Shoulder Width N/A Median NA

Overall Roadway Width varies from 4.91 m – 7.13 m Overall Roadway Width varies from 4.91 m - 7.13 m

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

II. Project Description

The Puerto Rico Highway and Transportation Authority (PRHT A) proposes to perform emergency repairs to several roadways due to damages caused by the passage of hurricanes Irma and Maria, in September 2017. As a consequence of the mentioned damages, President Donald J. Trump and Governor Ricardo Rosselló declared a state of emergency in Puerto Rico. Appendix A includes reference documents of the emergency declaration.

The PRHTA proposes the reconstruction and repair of PR-159 in the following roadway segments:

Project ID Segment Ward Municipality Lambert Coordinates

ER-HWY 286 Km 3.2 Montellano Morovis X=205,069.3167 Y=254,460.5774 ER-HWY 287 Km 3.5 Unibón Morovis X=205,306.5513 Y=254,574.5117 ER-HWY 288 Km 7.8 Cibuco Corozal X=208,049.2680 Y=254,803.4398

The locations of the proposed project are shown in Appendix B, Figures.1 and 2, Project Location Maps and Proposed Project Aerial Photos. Puerto Rico Highway 159 (PR-159) is a two lanes secondary road that which connects Morovis to Toa Alta, passing along the municipality of Corozal. It has two lanes and a shoulder per direction. It is a rural road which enters business districts, suburban rural areas, urbanizations and plazas of Morovis and Corozal. The PR-159 has an estimate length of 21 kilometers.

The typical section of the PR-159 within the project’s limits is two travel lanes 3.00mts-wide (one in each direction), no shoulders, sidewalk or median. See Figures 3 to 5 Existing Typical Section on Appendix B. Due to the pass of Hurricane Maria in September 2017, the road suffered damages due to a landslide that reduced the roadway's width significatively, affecting traffic and safety in the area. The Project will be financed with funds from the Emergency Relief Program associated to Hurricanes Irma and Maria.

Heavy rains due to the Hurricane Maria triggered several landslides along PR-159. The existing conditions for the affected areas are slope and roadway embankment failed and/or roadway eroded, affecting the load carrying capacity and displacing the pavement structure on the segment. See photos below and Detailed Damage Inspection Report on Appendix C

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

The project consists in the reconstruction of various segments along state road PR-159 from km 3.2 to km 7.8, which will include the stabilization of each roadway areas where landslides have occurred, improvement of the drainage systems, application of protective measures for erosion control, and replacement of safety features like guardrails and pavement markings and other miscellaneous works.

The proposed works in each segment are:

PR-159 km 3.2 (Site ER-HWY-286)

At this location, the selected repair alternative will consist of the construction of drainage improvements like curb and gutter, swales and energy dissipators like grouted riprap along the length of the damaged segment, estimated in approximately 36 meters. The system will require excavation, installation of formworks for concrete, pavement and painting. Likewise, the project will require a support structure to contain the existing roadway in place and avoid future erosion problems. No right-of-way acquisition will be needed. The project will impact two trees located along the damaged segment.

PR-159 km 3.5 (Site ER-HWY-287)

At this location, the selected repair alternative will consist of the construction of a Concrete Barrier Type C to assure the mitigation of the landslide with minimum impact on the existing road, avoiding a long-term closure. This alternative will require leveling the remaining slope to uniform inclination and

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR armoring with turf reinforcement the deep-rooted vegetation such as vetiver. The base of the type C concrete barrier will extend to a minimum depth of 1 mt (3.3 ft) below existing ground surface. No right-of-way acquisition will be needed. The system will require excavation, installation of formworks for concrete, pavement and painting. A safety device will be required on this project to prevent motorist from falling into the slope. The final system to be used will be related to the system to control the erosion problem. The system will extend about 30 meters. No right-of-way acquisition will be needed.

A temporary easement (54 square meters approximately) would be necessary for construction purposes. The project will impact two trees located along the damaged segment.

PR-159 km 7.8 (Site ER-HWY-288)

At this location, the selected repair alternative will consist of the construction of a Solid Concrete Gravity wall with a concrete barrier or guardrail to ensure the mitigation of the landslide with the less impact on the existing road, avoiding a long-term closure. The concrete gravity wall will be embedded at least 1.2 m below slope surface and is estimated that the retaining wall height will be in order of 3.6 mts. Also, guardrails or a concrete barrier will be installed. The system will require excavation, installation of the gabion systems, guardrail installation, pavement and painting. No right-of-way acquisition will be needed. No trees will be impacted by the project.

PR-159 roadway would be remaining open, but temporary half section closure may be necessary.

Proper advance notice of the closure would allow uninterrupted access although some traffic delays may be anticipated. 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. Design drawings showing the typical sections of the PR-159, ROW limits, acquisitions, and proposed repairs plans are included in Appendix B.

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-140 was affected by the hurricane.

Considering the effects of this major nature phenomenon and the consequences in the conditions and safety of the Puerto Rico’s highways, the PRHTA has been working in their Emergency Relief Program for Landslide since the middle of last year. The program consists in the evaluation and reconstruction of landslides, i.e., slope instability, washouts and rock fall on several highway segments due to the impacts associated with Hurricanes Irma and María. Those highway segments are located within the Puerto Rico’s Federal Aid Highway System.

The scope of work is mainly focused on reconstructing the landslides along PR-159 (at Kms. 3.20,3.5 and 7.8). In addition, safety devices affected by the events will be replaced. In order to restore PR-159 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. Refer to photos below for the three (3) sites.

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

IV. Planning Consistency

Estimated Construction Time: 6-12 months

Estimated Construction Cost: $166,224.91

Estimated Date for ROW: First Semester 2021

Estimated Date for PS&E: Second semester of 2021

Estimated Date Construction Phase Begins: Second semester of 2021

Project STIP Consistency: This Project will be financed with funds from the FHWA Emergency Relief Program (ER Program) associated to Hurricanes Irma and Maria of September 2017. Enclosed are the approved Detailed Damage Inspection Report (DDIR) for these works (Appendix C).

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

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.

(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 USC 5121):

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

☒ (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 rail bed 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, ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR 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.

(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) An acquisition of more than a minor amount of right-of-way or that would result in any residential or nonresidential displacements;

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

(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. 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 unique or important natural resources is expected.

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 was 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. The USFWS IPaC Official Species List identified the following species as potentially occurring within the project area: Epicrates inornatus (Puerto Rican Boa) 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 within 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:

A consultation letter was submitted to USFWS for the proposed project. 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 habitats, therefore, the USFWS concurred that no further consultation is required (See Appendix D). On letter dated January 3, 2020, USFWS 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 USFWLS letter and IPAc documents are included in Appendix D.

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

4. The project affects USACE jurisdictional areas?

☐ YES ☒ NO

Additional Comments:

The project would not affect jurisdictional water of the USACE.

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 USACE jurisdictional areas including wetlands.

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

☐ YES ☒ NO

Additional Comments:

No areas covered under Section 404 of the Clean Water Act would be affected by the proposed project.

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

☐ YES ☒ NO

Additional Comments:

No known underground storage tanks (UST’s) or hazardous material sites were observed within the project limits.

8. Would a US Coast Guard Permit be required?

☐ YES ☒ NO

Additional Comments:

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

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

9. Is the project located within a floodplain zone?

☐ YES ☒ NO

Additional Comments:

The FEMA flood map panel for the Project Areas are: PR-159, km 3.2 and km 3.5 (72000C0660H), effective on April 19, 2005 and PR-159 km 7.8 (72000C0660H), effective also on April 19, 2005. Zone X floodplain has been mapped for the subject areas. See Appendix B, FEMA Flood Maps.

10. Would the project affect water bodies?

☐ YES ☒ NO

Additional Comments:

No water bodies would be affected by the proposed project sites. Sites discharges downslope into natural depressions that eventually discharges toward tributaries of Río Las Carreras (ER- HWY 266 and 287) and Río Cibuco (ER-Hwy 288). Erosion and sediment control measures shall be implemented to prevent the release of sediment outside the proposed project areas.

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

☐ YES ☒ NO

Additional Comments:

The proposed project does not require the preparation of a H-H study.

12. Would the project affect Wild and Scenic Rivers?

☐ YES ☒ NO

The proposed project is located away from any designated Wild and Scenic Rivers.

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

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

☐ YES ☒ NO

Additional Comments:

The proposed project would not affect an Essential Fish Habitat.

14. Does the project affect coastal municipalities?

☐ YES ☒ NO

Additional Comments:

The proposed action is far from the coastal or maritime zones. The Municipalities of Morovis and Corozal are in the mountainous hinterland of Puerto Rico.

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

☐ YES ☒ NO

Additional Comments:

The proposed project would not affect the existing floodplain levels.

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

☐ YES ☒ NO

Additional Comments:

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

17. Would the project affect trees?

☒ YES ☐ NO

Additional Comments:

Several trees will be affected by the proposed works. 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 projects 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. Would the project induce substantial impacts to planned growth or land use of the area?

☐ YES ☒ NO

Additional Comments:

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?

☐ YES ☒ NO

Additional Comments:

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

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

☐ YES ☒ NO

Additional Comments:

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

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

☐ YES ☒ NO

Additional Comments:

The proposed action would not require acquisition of additional right-of-way. A temporary easement for project ER-HWY-287 (54 square meters approximately) 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).

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

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 on the community cohesion of the adjacent project's neighborhoods.

23. Would the project affect community services?

☐ YES ☒ NO

Additional Comments:

The proposed project would not affect community services.

24. Does the project consider non-discrimination considerations?

☒ YES ☐ NO

Additional Comments:

The proposed project considered 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.

25. Would the project have any impacts on existing noise levels?

☐ YES ☒ NO

Additional Comments:

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

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

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

☒ YES ☐ NO

Additional Comments:

The proposed action complies with the National Ambient Air Quality Standards NAAQS.

27. Would the project have any impacts in existing air quality levels?

☐ YES ☒ NO

Additional Comments:

Because mobile sources air toxics emissions are not expected to increase and no exceeds 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. Would the project affect farmland areas?

☐ YES ☒ NO

Additional Comments:

The proposed project consists of the repair of an existing facility in an rural-urban area;

therefore would not affect farmland areas.

29. Would the project entail any significant aesthetic effects?

☐ YES ☒ NO

Additional Comments:

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

30. Would the project affect recreational areas?

☐ YES ☒ NO

The proposed project would not affect recreational areas.

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

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

☐ YES ☒ NO

Additional Comments:

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 proposed project substantially conforms to the preexisting roadway function. It would keep the same geometry and would improve safety traffic along the

PR-159.

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

☒ YES ☐ NO

Additional Comments:

PR-159 roadway would be remaining open, but temporary half section closure may be necessary. Proper advance notice of the closure would allow uninterrupted access although some traffic delays may be anticipated. 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 the existing facility) and, would all construction proposed in association with the bridge replacement project be contained within the existing facility?

☐ YES ☒ NO

The proposed action does not require a bridge replacement.

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

35. Would the project affect a bridge or a culvert?

☐ YES ☒ NO

Additional Comments:

No bridges or culverts would be affected by the proposed project.

36. Is the bridge, or culvert, considered a historical structure?

☐ YES ☒ NO

Additional Comments:

The proposed project no affect bridge or culvert considered as historical structure.

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

☐ YES ☒ NO

Additional Comments:

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 action would not have any adverse effect on social. economic or environmental grounds.

39. Would the project affect any archaeological 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, identification of 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.

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

40. Would the project affect any historic property?

☐ YES ☒ NO

As part of the damages and possible solutions evaluation for the landslide problem, an identification of historic properties and evaluation of effects was conducted. The site was evaluated by a qualified archaeologist. According to the study, PR-159 has the potential to be eligible to the NHPR, however the proposed works do not affect the integrity of the road. The study had a determination of no adverse effect due to the undertaking and no further studies were recommended. The letter documenting the findings to the State Historic Preservation Office (SHPO) is enclosed (Appendix E). Should unexpected cultural resources be encountered at any time within the project area, work should cease in the immediate vicinity of such discoveries. SHPO would be notified. Project activities should not resume without authorization from SHPO.

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

☐ YES ☒ NO

Additional Comments:

The project would not affect or require the use of properties acquired with LWCFA Funds.

(Section 6 (f) resources).

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?

☐ YES ☒ NO

Additional Comments:

The proposed action would not require the relocation of utilities or construction of new facilities. But if 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.

Please note that SHPO concurred with the no adverse effect for the sites included in the CE and did not required an implementation of monitoring plan (See May 25, 2020 letter from SHPO - AAI 3/27/21

44. Would the project affect any airport clearance?

☐ YES ☒ NO

Additional Comments:

The project would not affect an airport clearance.

45. Would the project consider the accommodation 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. Existing PR-159 sections are two-lane roadway without shoulders. The existing road does not allow the accommodation of pedestrian and bicycle facilities within project ROW. Its geometry and operational components would be preserved. The proposed project substantially conforms to the preexisting conditions as the original roadway.

46. Would the project require public involvement activities?

☐ YES ☒ NO

Additional Comments:

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

47. Would the project have any potential for controversy?

☐ YES ☒ NO

No potential of controversy is expected for the proposed project.

Copy of the Categorical Exclusion Check List prepared for the project is included in Appendix F.

ER-HWY-286, 287 & 288, PR-159, Km 3.2 to 7.8, Morovis and Corozal, PR

VII. Environmental Commitments

1. The proposed works would be constructed mostly within the existing right of way. They would not require acquisition of additional right-of-way. However, a temporary easement for project ER-HWY- 287 (54 square meters approximately) 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. This project would not cause no adverse effect on historic properties. If unexpected cultural resources are encountered at any time within the project area, work shall cease immediately in the vicinity of such discoveries and SHPO shall be notified. After such notification, project activities shall not resume without written approval from SHPO.

3. The project is not likely to adversely affect federally-listed species or their critical habitats. The implementation of PRHTA's Best Management Practices (BMP) for Epicrates inornatus (Puerto Rican Boa) would be performed.

4. PR-159 would remain open during construction, but temporary half section closure may be necessary and temporary traffic delays are foreseen. A MOT would be prepared specifically for this project.

5. Several trees will be affected by the proposed works. 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 projects 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.

6. Erosion and sedimentation control measures shall be implemented during construction activities to prevent the discharge of pollutants into nearby natural depressions and/or waterbodies. PRHTA would require the contractor to prepare and implement an Incidental Unique Permit (PUI, for its Spanish acronym) and a National Pollutant Discharge Elimination System (NPDES) permit (if required).

Also, PRHTA would request the contractor to comply with any other applicable Federal and local regulations.

7. If 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

March 26, 2021

Date PRHTA Authorized Representative

Concurred by:

Date FHWA Environmental Scientist

Appendix A. Emergency Declared Documents

Concur, For: Jamie Christian Division Administrator

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 Coordinating Officer for this major disaster.

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

The municipalities of Aguas Buenas, Aibonito, Arecibo, Arroyo, Barceloneta, Barranquitas, Bayamón, Caguas, Canóvanas, Carolina, Cataño, Cayey, Ceiba, Ciales, Cidra, Coamo, Comerio, Corozal, Culebra, Dorado, Fajardo, Florida, Guayama, Guaynabo, Gurabo, Humacao, Jayuya, Juana Dı́az, Juncos, Las Piedras, Loı́za, Luquillo, Manati, Maunabo, Morovis, Naguabo, Naranjito, Orocovis, Patillas, Ponce, Rio Grande, Salinas, San Juan, San Lorenzo, Santa Isabel, VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1as ab al ia us ka s on

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46821 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices

1 https://www.fema.gov/disaster/4332, designating Aransas, Bee, Brazoria, Calhoun, Chambers, Colorado, Fayette, Fort Bend, Galveston, Goliad, Hardin, Harris, Jackson, Jasper, Jefferson, Kleberg, Liberty, Matagorda, Montgomery, Newton, Nueces, Orange, Refugio, Sabine, San Jacinto, San Patricio, Victoria, Waller, Wharton Counties in Texas.

2 https://www.fema.gov/disaster/4335, designating St. John (Island) (County-equivalent) St.

Thomas (Island) (County-equivalent) in U.S. Virgin Islands for Hurricane Irma and St. Croix for Hurricane Maria.

3 https://www.fema.gov/disaster/4336, designating Canovanas (Municipio), Culebra (Municipio), Loiza (Municipio), Vieques (Municipio) in Puerto Rico for Hurricane Irma and Aguas Buenas, Aibonito, Arecibo, Arroyo, Barceloneta, Barranquitas, Bayamón, Caguas, Canóvanas, Carolina, Cataño, Cayey, Ceiba, Ciales, Cidra, Coamo, Comerio, Corozal, Culebra, Dorado, Fajardo, Florida, Guayama, Guaynabo, Gurabo, Humacao, Jayuya, Juana Dı́az, Juncos, Las Piedras, Loı́za, Luquillo, Manati, Maunabo, Morovis, Naguabo, Naranjito, Orocovis, Patillas, Ponce, Rio Grande, Salinas, San Juan, San Lorenzo, Santa Isabel, Toa Baja, Toa Alta, Trujillo Alto, Utuado, Vega Alta, Vega Baja, Vieques, Villalba, and Yabucoa for Hurricane Maria.

4 https://www.fema.gov/disaster/4337, designating Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lafayette, Lake, Lee, Levy, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Union, Volusia in Florida.

5 https://www.fema.gov/disaster/4338, designating Camden, Chatham, Coffee, Glynn, Liberty and Mcintosh in Georgia.

6 https://www.fema.gov/disaster/4339, designating Puerto Rico.

Toa Baja, Toa Alta, Trujillo Alto, Utuado, Vega Alta, Vega…