Categorical Exclusion Form (NEPA).pdf

EFLHD NEPA Categorical Exclusion Form

KIRW 14(1) 104(1) EFL-TM-ENV-03(03)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: KIRW 14(1) 104(1) Date: 1/23/2020

Project Name: Roadway Rehabilitation Project

Location: FWS Kirwin National Wildlife Refuge Phillips County, Kansas

CE Category 23 CFR 771.117 (c)(22): Projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way [...]

See 23 CFR 771.117 for full description of CE categories, including additional requirements when applying (c)26-28.

Project Description This CE NEPA decision supersedes EFL’s CE dated 8/20/19, which incorrectly described Section 7 mitigation requirements. Upon coordination with the USFWS, we have learned there is not a TOY restriction, but rather seasonal daily surveying requirements for the whooping crane.

The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), in cooperation with the Fish and Wildlife Service (FWS), is preparing plans to improve public access to Kirwin National Wildlife Refuge through improved surface, signage, and culvert replacements and other drainage improvements along existing roadways. Route 014, South Side Drive (South End Section): approximately 2.46-mile-long two-lane, two-way aggregate surface roadway that is a main access point to the Refuge. The South End Section of South Side Drive begins approximately 300 feet past the intersection of Route 109, The Kiln Road, and proceeds generally northeast to the intersection of E 700 Road. Rehabilitation efforts will include aggregate reconditioning, aggregate placement, the installation of riprap at identified locations, sign replacement, and raise a low section of roadway at the south end. Currently the road experiences poor drainage, and flooding, resulting in roadway damage due to scour and undersized culverts along South Side Drive.

Environmental Commitments and Mitigation Measures

• If construction operations occur during whooping crane season (March 6-April 29, and October 9-November 15) then the contractor must perform a daily windshield survey for crane presence. If whooping cranes are in the project area, construction operations must stop until the cranes move out.

https://www.ecfr.gov/cgi-bin/text-idx?SID=842bb87055f89f1d0ff242f2b9e20ff7&mc=true&node=pt23.1.771&rgn=div5#se23.1.771_1117

Summary of Section 7 of the Endangered Species Act Compliance The project was reviewed by the USFWS Rainwater Basin Wetland Management District for potential impacts to four federally listed species listed on August 12, 2019. The USFWS determined that the project would not result in negative impacts on any listed species so long as protections are enacted to prevent harm to whooping cranes. The following describes necessary protections for whooping cranes:

The project area lies within the boundary of the whooping crane migration corridor;

however, it is not anticipated that whooping cranes will occur on or within the project area when construction activities are being implemented due to the timing of the scheduled work associated with this project (1 May-1 October, 2021). Any additional work that may be needed will be conducted outside of the dates for the whooping crane migration season (6 March to 29 April and 9 October to 15 November) to reduce any potential negative impacts to whooping cranes. However, if construction activities extend into the whooping crane migration season, then the contractor will perform a windshield survey around the project site for whooping crane presence before commencing work every workday. Kirwin National Wildlife Refuge staff will provide contractor with brief training on whooping crane identification, behaviors, and habitat use. Contractor will keep a daily log that describes the presence or absence of whooping cranes. Construction activities occurring during this time will be coordinated with the Service's Whooping Crane Tracking Coordinator or Service Representative POC. Construction activities occurring during the whooping crane migration season will not start until 1 hour after sunrise and will stop 2 hours before sunset each day. Construction activities will be postponed if at any time whooping cranes are identified on or within three miles of the project area, restoration activities will be halted until the whooping cranes have continued their migration. Restricting construction activities to time periods outside of the known whooping crane migration period is consistent with the 2007 Recovery Plan, Recovery Task 1.4.1 (International Recovery Plan updated in 2007 to support Whooping Crane species (Grus americana)). The proposed activities are not expected to negatively impact whooping cranes during migration periods and/or whooping crane critical habitat.

Summary of Section 106 of the National Historic Preservation Act Compliance The project was reviewed by the State Historic Preservation Office on July 31. 2019, under KSR&C 19-07-113. The SHPO determined the proposed project will not affect any property listed or determined eligible for listing in the national Register. No further consultation is need.

Additional Agency Coordination and Compliance The USFWS signed NEPA Compliance Checklist, FWS Form 3-2185 August 16, 2019.

Appendix A: Environmental Checklist

Section 7 of the Endangered Species Act:

• Are Federally-listed species potentially present in the study area? ☒Yes, see Notesi ☐No If Yes, effects determination:

☐No Effect ☒May Affect, Not Likely to Adversely Affect ☐May Affect, Likely to Adversely Affect

Section 106 of the National Historic Preservation Act:

• Are historic properties known to be present in the study area? ☐Yes ☒No

If Yes, will they be impacted by the project? ☐Yes ☐No

• Will previously undisturbed ground be disturbed?

☐Yes ☒No

• Effects determination:

☒No Historic Properties Affected ☐No Adverse Effect ☐Adverse Effect, MOA Executed

• Was tribal consultation completed? ☐Yes ☐No

Water and Wetlands:

• Section 404 of the Clean Water Act

Are impacts to Waters of the US anticipated? ☒Yes ☐No If Yes, approval anticipated:

☒Nationwide Permit (NWP) ☐Regional General Permit ☐Individual Permit

• Section 401 of the Clean Water Act ☒NWP certified by State ☐Individual Certification

• Section 402 of the Clean Water Act (National Pollutant Discharge Elimination System) Will the land disturbance threshold likely be exceeded to require a permit and SWPPP?

☒Yes ☐ No

• Is post-construction stormwater management review/approval anticipated? ☐Yes ☒No

• ☐Project is consistent with Executive Order 11990, Protection of Wetlands

Floodplains:

• Is the project in a FEMA floodplain?

☐Yes ☐No ☐ Floodplain not mapped

• ☐ Project is consistent with Executive Order 11988, Floodplain Management

Section 4(f) of the USDOT Act:

• Does the project meet the Section 4(f) exemption for Federal lands transportation facilities under

Section 1119(c)(2) of MAP-21, 23 U.S.C. 138(a)? ☒Yes ☐No

• Is there a use of a Section 4(f) property in the study area? ☐Yes ☐No

If Yes, De Minimis Finding:☐ Programmatic:☐ Individual 4(f): ☐ Section 6(f) of the Land and Water Conservation Fund:

• Was the property purchased with grant funds from the Land and Water Conservation Fund?

☐Yes ☒No

• If Yes, was documentation of approval from National Park Service Director received for the conversion or replacement of 6(f) property? ☐Yes ☐No

Coastal Zone Management Act of 1972:

• Is the project in a Coastal Zone? ☐Yes ☒No

• If yes, will a Federal Consistency Review be completed? ☐Yes ☐No

Right of Way:

• Is the project completely within the transportation facility’s right-of-way? ☒Yes ☐No

• If no, will the project require relocations or easements? ☐Yes ☐No

Hazardous Waste and Materials:

• Are hazardous materials or contamination exceeding regulatory thresholds (as set by U.S. EPA, County Environmental Health, etc.) present? ☐Yes ☒No

• If Yes, is the nature and extent of the hazardous materials or contamination fully known? ☐Yes ☐No, plan for securing information provided in Notes Section 7(a) of the Wild and Scenic Rivers Act:

• Are there Wild and Scenic Rivers? ☐Yes ☒No ☐Eligible If Yes, has review by the river-administering agency been completed? ☐Yes ☐No

Clean Air Act:

• Is the project in a non-attainment area? ☐Yes ☒No

If Yes, is the project on the Transportation Improvement Program(TIP)/State Implementation Plan(SIP)? ☐ Yes ☐No

Highway Traffic and Construction Noise Regulations:

• ☐ The proposed project is a Type I project (highway on a new location, substantial horizontal or vertical alteration, new through or auxiliary lanes). Noise analysis is required.

• ☐ The proposed project is a Type II project (retrofit for noise abatement).

• ☒ The proposed project is a Type III project (noise analysis not required).

• ☐ Does not apply.

Environmental Justice and Title IV Act:

• Is an Environmental Justice population, as identified in Executive Order 12898, present?

☐Yes, explanation provided in Notes section ☒No

• Will the project induce disproportionately high and adverse impacts to minority, low income, or special groups? ☐Yes, additional analysis is needed ☐No Farmland Protection Policy Act for Highway Projects:

• Does the project displace, require acquisition of, or require an easement from farmland?

☐Yes ☒No Does the project affect any other resources not listed above? Explain below and list anticipated permits:

Final design may require Erosion and Sediment Control and a SWPPP if disturbance exceeds one acre.

i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: