Categorical Exclusion Form (NEPA).pdf

NP-JFK 1(2), NAMA 16(2), TRL (1) Page 1 of 4

Categorical Exclusion Form Kennedy Center Pedestrian / Bicycle Trail

Access and Safety Improvement and Rehabilitation of Rock Creek and Potomac Parkway NW

Washington, District of Columbia

Project Number: NP-JFK 1(2), NAMA 16(2), TRL (1) Date: February 28, 2019 Project Name: Rehabilitation of Rock Creek and Potomac Parkway (RCPP) NW and Rock Creek Park Trail

Project Description:

The National Park Service (NPS), in cooperation with the Federal Highway Administration (FHWA) and the John F. Kennedy Center for the Performing Arts (Kennedy Center), proposes to rehabilitate, resurface, and develop 0.63 miles of Rock Creek and Potomac Parkway Northwest and 1.21 miles of the NPS Rock Creek Park bike/pedestrian Trail. The project length is 1.31 miles and includes:

(1) Rehabilitating 0.63 miles of Rock Creek and Potomac Parkway Northwest from Virginia Avenue Northwest to the Old Constitution Avenue Northwest turnaround, located at the intersection of Constitution Avenue Northwest and Rock Creek and Potomac Parkway Northwest. Project work consists of milling and overlaying the asphalt pavement, full-depth asphalt pavement patching, spot repairs of the cobblestone median, replacing traffic signals and traffic counter loops, improving the existing signage, pavement striping, adding truncated domes to existing wheelchair ramps, and traffic control for the work.

(2) Enlarging and rehabilitating the NPS Rock Creek Park bike/pedestrian Trail from Inlet Bridge to Arlington Memorial Bridge. Project work includes full-depth asphalt pavement patching, widening, and mill and overlay resurfacing.

(3) Redesigning the Old Constitution Avenue Northwest turnaround, located on Rock Creek and Potomac Parkway Northwest at Constitution Avenue Northwest, as a pedestrian use and viewing area. Historically, this functioned as a turnaround space for Old Constitution Avenue Northwest, but today it is only utilized by bicycling and pedestrians on the adjacent NPS trail. Project work includes realignment of the bike/pedestrian trail and Rock Creek and Potomac Parkway roadway. The proposed trail will run in front of a future memorial site, resulting in one trail crossing at the south leg of the T-intersection.

The proposed roadway alignment will include extending the curb to close the one-way road in front of the turnaround and adding a lane to form a two-way south leg at the T-intersection. The west leg at the T-intersection will be re-striped to accommodate a right-turn only lane. The new alignment will result in consolidation of operations at two adjacent intersections into one.

(4) Creating a tunnel underpass on the expanded NPS bike/pedestrian trail through the

NP-JFK 1(2), NAMA 16(2), TRL (1) Page 2 of 4

Theodore Roosevelt Bridge.

(5) Soil disturbing activities include minor clearing and grubbing and utility streetlight relocations and replacements along the RCPP work limits.

Mitigation Measures:

For the proposed project actions to be within compliance requirements during project implementation, the below mitigations must be adhered to:

- Park staff and contractors shall comply with the Migratory Bird Treaty Act (MBTA [16 USC 703]. No vegetation clearing shall take place between March 15 and August 15 of each year. If an active nest is encountered before or after these dates, the nest shall be left in place until the young hatch and depart. If the removal of the vegetation cannot be avoided within the restriction window, the staff or contractor will have to contact the park’s Natural Resource Manager for guidance prior to the removal of any vegetation.

- Park staff and contractors must comply with protection of bats and bat habitat. Any trees larger than 3” DBH are subject to surveys the night before removal or pruning to ensure no bats are roosting in the tree. The Park recommends that between June 1 and July 31, if a bat roost tree is found, to implement a 150’ radius buffer around the tree and no tree removal should take place within the buffer zone. Contact the park’s Natural Resource Manager for further guidance.

- To avoid introduction of non-native, invasive plant species into the park, certified seed-free materials only will be used during construction. Materials to be used can be, but are not limited to: rice straw, grain straw, wood excelsior bales, coconut matting.

- To reduce the chance that harmful, non-native plants or organisms will be transported from off-park locations to the work site, the contractor, prior to entering the park, shall clean all soils, roots, seeds, and other sources of plant parts and pathogens from any equipment used for the application of grasses and all heavy equipment, such as dump trucks, front end loader, and graders, which have previously been operating off the park.

- The DC State Historic Preservation Office (SHPO) reviewed the project and determined the proposed rehabilitation project will have “no adverse effect” on historic properties provided the following conditions are met:

o Option 1 will be implemented rather than Option 2 o The existing circular curb which demarcated the original automobile turnaround will be retained rather than replaced o If the circular curb is too deteriorated to retain, the circular replacement curb will match the existing as closely as possible in all details including dimensions and materials o An additional curb will also be incorporated to delineate the outer edges of the automobile turnaround and the terminus of Constitution Avenue o The NPS will formally notify us of its intent to implement Option 1 and these conditions, or formally consult with us further if contemplating a different approach

NP-JFK 1(2), NAMA 16(2), TRL (1) Page 3 of 4

Category Used to Exclude the Action from Further NEPA Analysis:

23 CFR § 771.117(c)

(3) Construction of bicycle and pedestrian lanes, paths, and facilities.

(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 will occur.

(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.

The National Mall and Memorial Parks National Park Service found no extraordinary circumstances and, therefore, categorically excluded the project from further NEPA analysis on January 29, 2019 under the categorical exclusion DOI 516 Departmental Manual (DM) 12.5(C)(9): Repair, resurfacing, striping, installation of traffic control devices, repair/replacement of guardrails, etc., on existing roads.

Agency Coordination:

Agency coordination in regards to 23 CFR 771 is complete.

NPS and FHWA coordinated with the DC SHPO in December 2018 and January 2019, respectively. The DC SHPO determined that the project will have no adverse effect on historic properties conditioned upon fulfillment of stipulated mitigation measures, identified above and in the attached DC SHPO Federal Agency Section 106 Review Forms.

FHWA reviewed species, wetlands, flood zones, and other environmental attributes. A November 2018 U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) project planning tool search and a U.S. Department of Interior (DOI) FWS letter dated February 28, 2019 identified zero (0) threatened, endangered, or candidate species; no critical habitats, refuge lands, or fish hatcheries; 24 migratory birds; and 3 wetlands (i.e., L1UBH, R1USQ, R1UBV) that may occur within the boundary and/or may be affected by the proposed project. The USFWS provided a December 3, 2018 Certification Letter for Routine Highway Maintenance Projects certifying that no further Section 7 consultation is required.

Environmental Screening Form NP-JFK 1(2), NAMA 16(2), TRL (1) Page 1 of 2

Appendix A: Environmental Screening Form

Water and Wetlands:

• Section 404 of the Clean Water Act

Impacts to Waters of the US: ☐Yes ☒No If Yes, approval anticipated:

☐Nationwide Permit ☐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) Disturbance Threshold Exceeded, Permit Required?

☒Yes ☐ No Is Stormwater Management Review/Approval anticipated?

☒Yes ☐No

• ☒Project is consistent with Executive Order 11900, Protection of Wetlands Floodplains:

• ☒ Project is consistent with Executive Order 11988, Floodplain Management The proposed actions have the potential to occur in FEMA Flood Zones AE and X, according to a February 2019 search in the FEMA Flood Map Service Center online tool. FEMA Flood Zone AE is an area subject to inundation by the 1-percent-chance flood event. FEMA Flood Zone X is an area with 0.2% Annual Chance Flood Hazard, areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile.

Section 4(f) of the USDOT Act:

• Meets Section 4(f) exemption for Federal lands transportation facilities under Section

1119(c)(2) of MAP-21, U.S.C. 138(a)?

☒Yes ☐No

• Is there a Section 4(f) property in the study area?

☐Yes ☒No If Yes, continue:

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:

• Not in Coastal Zone ☒

• Concurrence with Federal Consistency Determination ☐

Right of Way:

• Project is completely within Federal right-of-way ☒

• Project involves relocations or easements ☐

Environmental Screening Form NP-JFK 1(2), NAMA 16(2), TRL (1) Page 2 of 2

Number of Easements________ Number of Relocations________ 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?☐ If No, briefly discuss the plan for securing information:

FHWA secures any appropriate documentation, approvals, or disapprovals for applicable hazardous materials or contamination regulations and maintains oversight to ensure thresholds are not exceeded.

Section 7(a) of the Wild and Scenic Rivers Act:

• Are there Wild and Scenic Rivers? ☐Yes ☒No

If Yes, review by river-administering agency is required.

Clean Air Act:

• Is the project in a non-attainment area? ☒Yes ☐No If Yes, is the project on the TIP/SIP? ☒ Yes ☐No The District is in nonattainment of the ozone NAAQS. The District is in attainment of the PM2.5 and carbon monoxide (CO) NAAQS but was previously in nonattainment of both standards. The following SIPs for ozone, PM2.5, and CO were approved by the U.S.

Environmental Protection Agency because they adequately demonstrate how the District plans to attain or maintain each NAAQS:

• 1997 8-Hour Ozone SIP

• 1997 Fine Particulate Matter (PM2.5) Maintenance Plan

• 1994 Carbon Monoxide (CO) Maintenance Plan – effective through March 2016

The District also develops an infrastructure SIP (“i-SIP”) for each NAAQS, regardless of attainment status, to demonstrate its authority to implement, maintain, and enforce compliance with the NAAQS. I-SIPs are available upon request.

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).

Environmental Justice and Title IV Act:

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

☐Yes ☒No If Yes, briefly explain:

• Will the project induce disproportionately high and adverse impacts to minority, low income or special groups? ☐Yes ☒No If Yes, briefly explain:

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 additional resources? If Yes, explain below:

Categorical Exclusion Category Page 1 of 4

NP-JFK 1(2), NAMA 16(2), TRL (1)

Appendix B: 23 CFR 771.117 FHWA Categorical Exclusions

(c) The following actions meet the criteria for CEs in the CEQ regulations (40 CFR 1508.4) and §771.117(a) and normally do not require any further NEPA approvals by the FHWA:

☐ (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 will 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.

Categorical Exclusion Category Page 2 of 4

☐ (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.

Categorical Exclusion Category Page 3 of 4

☐ (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.

(d) Additional actions which meet the criteria for a CE in the CEQ regulations (40 CFR 1508.4) and paragraph (a) of this section may be designated as CEs only after Administration approval unless otherwise authorized under an executed agreement pursuant to paragraph (g) of this section. The applicant shall submit documentation which demonstrates that the specific conditions or criteria for these CEs are satisfied and that significant environmental effects will not result. Examples of such actions include but are not limited to:

☐ (1)-(3) [Reserved] ☐ (4) Transportation corridor fringe parking facilities.

☐ (5) Construction of new truck weigh stations or rest areas.

☐ (6) Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts.

☐ (7) Approvals for changes in access control.

☐ (8) Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic.

☐ (9) Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users.

☐ (10) Construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic.

☐ (11) Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community.

☐ (12) Acquisition of land for hardship or protective purposes. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process. No project development on such land may proceed until the NEPA process has been completed.

(i) Hardship acquisition is early acquisition of property by the applicant at the property owner's request to alleviate particular hardship to the owner, in contrast to others, because of an inability

Categorical Exclusion Category Page 4 of 4 to sell his property. This is justified when the property owner can document on the basis of health, safety or financial reasons that remaining in the property poses an undue hardship compared to others.

(ii) Protective acquisition is done to prevent imminent development of a parcel which may be needed for a proposed transportation corridor or site. Documentation must clearly demonstrate that development of the land would preclude future transportation use and that such development is imminent. Advance acquisition is not permitted for the sole purpose of reducing the cost of property for a proposed project.

☐ (13) Actions described in paragraphs (c)(26), (c)(27), and (c)(28) of this section that do not meet the constraints in paragraph (e) of this section.

(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 non-residential displacements.

Yes ☐ No ☐

(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.

Yes ☐ No ☐

(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.

Yes ☐ No☐

(4) Construction of temporary access, or the closure of existing road, bridge, or ramps, that would result in major traffic disruptions.

Yes ☐ No☐

(5) Changes in access control.

Yes ☐ No☐

(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.

Yes ☐ No☐

GOVERNMENT OF THE DISTRICT OF COLUMBIA

STATE HISTORIC PRESERVATION OFFICE

1100 4th Street, S.W., Suite E650, Washington, D.C. 20024 Phone: 202-442-7600 Fax: 202-442-7638

DC STATE HISTORIC PRESERVATION OFFICE

FEDERAL AGENCY SECTION 106 REVIEW FORM

TO: Catherine Dewey, NPS, National Mall and Memorial Parks

ADDRESS: Via email to: catherine_dewey@nps.gov

PROJECT NAME/DESCRIPTION: Rehabilitation of the Belvedere

PROJECT ADDRESS/LOCATION DESCRIPTION: Terminus of Constitution Avenue, NW

DC SHPO PROJECT NUMBER: 19-0101

The DC State Historic Preservation Office (DC SHPO) has reviewed the above-referenced federal undertaking(s) in accordance with Section 106 of the National Historic Preservation Act and has determined:

Based upon our review of the project submittal, we have determined that the proposed rehabilitation project will have “no adverse effect” on historic properties provided that the following five (5) conditions are met: 1.) Option 1” will be implemented (see attached plan) rather than Option 2; 2.) the existing circular curb which demarcated the original automobile turnaround will be retained rather than replaced; 3.) if the circular curb is too deteriorated to retain, the circular replacement curb will match the existing as closely as possible in all details including dimensions and materials; 4.) an additional curb will also be incorporated to delineate the outer edges of the automobile turnaround and the terminus of Constitution Avenue; and 5.) the NPS will formally notify us of its intent to implement Option 1 and these conditions or formally consult with us further if contemplating a different approach. Thank you for providing this opportunity to review and comment.

BY: _______________________________ DATE: December 18, 2018 C. Andrew Lewis

Senior Historic Preservation Specialist DC State Historic Preservation Office

This project will have no effect on historic properties. No further DC SHPO review or comment will be necessary.

There are no historic properties that will be affected by this project. No further DC SHPO review or comment will be necessary.

This project will have no adverse effect on historic properties. No further DC SHPO review or comment will be necessary.

This project will have no adverse effect on historic properties conditioned upon fulfillment of the measures stipulated below.

Other Comments / Additional Comments (see below):

mailto:catherine_dewey@nps.gov

Section 106 Review: Terminus of Constitution Avenue, NW December 18, 2018

GOVERNMENT OF THE DISTRICT OF COLUMBIA

STATE HISTORIC PRESERVATION OFFICE

DC STATE HISTORIC PRESERVATION OFFICE

FEDERAL AGENCY SECTION 106 REVIEW FORM

TO: Lee Ellen Carter, FHWA, Eastern Federal Lands and Saadat Khan, DDOT

ADDRESS: Via email to: lee.ellen.carter@dot.gov and saadat.khan@dc.gov

PROJECT NAME/DESCRIPTION: Rehabilitation of the Theodore Roosevelt Bridge to create a new opening for the bike and pedestrian trail

PROJECT ADDRESS/LOCATION DESCRIPTION: Theodore Roosevelt Bridge, north of the Belvedere

DC SHPO PROJECT NUMBER: 19-0172

The DC State Historic Preservation Office (DC SHPO) has reviewed the above-referenced federal undertaking(s) in accordance with Section 106 of the National Historic Preservation Act and has determined:

We understand that this project involves creating a new opening in the abutment of the Theodore Roosevelt Bridge to allow bicyclists and pedestrians to pass through. We do not consider the bridge eligible for listing in the National Register of Historic Places and we concur that the proposed undertaking will have “no adverse effect” on the historic properties within the immediately surrounding area. Thank you for providing this opportunity to review and comment.

BY: _______________________________ DATE: January 10, 2019 C. Andrew Lewis

Senior Historic Preservation Specialist DC State Historic Preservation Office

This project will have no effect on historic properties. No further DC SHPO review or comment will be necessary.

There are no historic properties that will be affected by this project. No further DC SHPO review or comment will be necessary.

This project will have no adverse effect on historic properties. No further DC SHPO review or comment will be necessary.

This project will have no adverse effect on historic properties conditioned upon fulfillment of the measures stipulated below.

Other Comments / Additional Comments (see below):

mailto:lee.ellen.carter@dot.gov mailto:saadat.khan@dc.gov

Online Certification Letter for Routine Highway Maintenance Projects

Today's date:

Project:

Dear Applicant for online certification of routine highway maintenance projects: Thank you for choosing to use the U.S. Fish and Wildlife Service Chesapeake Bay Field Office (CBFO) online project review certification resource. This letter confirms that you have reviewed the conditions in which this online service can be used at:

http://www.fws.gov/chesapeakebay/EndSppWeb/ProjectReview/index.html

Based on this information and in accordance with section 7 of the Endangered Species Act (87 Stat.

884, as amended; 16 U.S.C. 1531 et seq.), we certify that federally proposed or listed endangered or threatened species may exist within the project area, however the routine highway maintenance and upgrade activities listed on the CBFO website will have “no effect” on these federally proposed or listed endangered or threatened species. Therefore, no Biological Assessment or further section 7 consultation with the U.S. Fish and Wildlife Service is required. Should project plans change, or if additional information on the distribution of listed or proposed species becomes available, this determination may be reconsidered.

This response relates only to federally protected threatened or endangered species under our jurisdiction. For additional information on threatened or endangered species in Maryland, you should contact the Maryland Wildlife and Heritage Division at (410) 260-8573. For information in Delaware you should contact the Delaware Division of Fish and Wildlife, Wildlife Species Conservation and Research Program at (302) 735-8658. For information in the District of Columbia, you should contact the National Park Service at (202) 339-8309.

The U.S. Fish and Wildlife Service also works with other Federal agencies and states to minimize loss of wetlands, reduce impacts to fish and migratory birds, including bald eagles, and restore habitat for wildlife. Information on these conservation issues and how development projects can avoid affecting these resources can be found on our website (www.fws.gov/chesapeakebay).

We appreciate the opportunity to provide information relative to fish and wildlife issues, and thank you for your interest in these resources. If you have any questions or need further assistance, please contact Chesapeake Bay Field Office Threatened and Endangered Species program at

(410) 573-4527.

Sincerely, Genevieve LaRouche Field Supervisor http://www.fws.gov/chesapeakebay/EndSppWeb/ProjectReview/index.html http://www.fws.gov/chesapeakebay

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Chesapeake Bay Ecological Services Field Office

177 Admiral Cochrane Drive

Annapolis, MD 21401-7307

Phone: (410) 573-4599 Fax: (410) 266-9127 http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

In Reply Refer To:

Consultation Code: 05E2CB00-2019-SLI-0370

Event Code: 05E2CB00-2019-E-02009

Project Name: JFK 1(2), NAMA 16(2), TRL(1)

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

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. This species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the

Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the

Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the

Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

February 28, 2019 http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

02/28/2019 Event Code: 05E2CB00-2019-E-02009 2

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)

(c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered

Species Consultation Handbook" at:

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

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle

Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages

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

Attachment(s):

▪ Official Species List

▪ USFWS National Wildlife Refuges and Fish Hatcheries

▪ Wetlands

02/28/2019 Event Code: 05E2CB00-2019-E-02009 1

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

This species list is provided by:

Chesapeake Bay Ecological Services Field Office

177 Admiral Cochrane Drive

Annapolis, MD 21401-7307

(410) 573-4599

02/28/2019 Event Code: 05E2CB00-2019-E-02009 2

Project Summary Consultation Code: 05E2CB00-2019-SLI-0370

Event Code: 05E2CB00-2019-E-02009

Project Name: JFK 1(2), NAMA 16(2), TRL(1)

Project Type: TRANSPORTATION

Project Description: The project consists of milling and overlaying Rock Creek and Potomac

Parkway NW and Rock Creek Park Trail. Project work includes full-depth asphalt pavement patching, resurfacing the Rock Creek Park Trail, pavement markings, lighting, landscaping, a pedestrian tunnel, and other miscellaneous work.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/38.890931791017245N77.05306406643527W

Counties: District of Columbia, DC https://www.google.com/maps/place/38.890931791017245N77.05306406643527W

02/28/2019 Event Code: 05E2CB00-2019-E-02009 3

Endangered Species Act Species There is a total of 0 threatened, endangered, or candidate species on this species list.

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

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA

Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the

Department of Commerce.

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

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

Commerce.

Critical habitats

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

JURISDICTION.

https://www.fisheries.noaa.gov/

USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a

'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

http://www.fws.gov/refuges/

Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section

404 of the Clean Water Act, or other State/Federal statutes.

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

Engineers District.

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

LAKE

▪ L1UBH

RIVERINE

▪ R1USQ

▪ R1UBV

http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=L1UBH https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R1USQ https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R1UBV

March 03, 2020

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Chesapeake Bay Ecological Services Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401-7307

Phone: (410) 573-4599 Fax: (410) 266-9127 http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

In Reply Refer To:

Consultation Code: 05E2CB00-2019-SLI-0370 Event Code: 05E2CB00-2020-E-01850 Project Name: JFK 1(2), NAMA 16(2), TRL(1)

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

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. This species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

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

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

http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

03/03/2020 Event Code: 05E2CB00-2020-E-01850 2

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

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:

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

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

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

Attachment(s):

Official Species List USFWS National Wildlife Refuges and Fish Hatcheries

03/03/2020 Event Code: 05E2CB00-2020-E-01850 1

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

This species list is provided by:

Chesapeake Bay Ecological Services Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401-7307

(410) 573-4599

03/03/2020 Event Code: 05E2CB00-2020-E-01850 2

Project Summary Consultation Code: 05E2CB00-2019-SLI-0370

Event Code: 05E2CB00-2020-E-01850

Project Name: JFK 1(2), NAMA 16(2), TRL(1)

Project Type: TRANSPORTATION

Project Description: The project consists of milling and overlaying Rock Creek and Potomac Parkway NW and Rock Creek Park Trail. Project work includes full-depth asphalt pavement patching, resurfacing the Rock Creek Park Trail, pavement markings, lighting, landscaping, a pedestrian tunnel, and other miscellaneous work.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/38.890931791017245N77.05306406643527W

Counties: District of Columbia, DC

03/03/2020 Event Code: 05E2CB00-2020-E-01850 3

1.

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

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 1 of these species should be considered only under certain conditions.

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

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

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

Mammals

NAME STATUS

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions: