Categorical Exclusion Form (NEPA).pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

NP-FOOT 8G16, 8H10

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP-FOOT 8G16, 8H10 Date: 3/23/2021

Project Name: Foothills Parkway Rehabilitation

Location: Great Smoky Mountains National Park Blount County, Tennessee

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 The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), in cooperation with the National Park Service (NPS) will rehabilitate Sections 8G and 8H of the Foothills Parkway. The rehabilitation will begin at milepost 55.21, the existing gate west of the interchange with connector roads to Route 73 (E Lamar Alexander Parkway), and end at milepost 77.21, the intersection with U.S. Route 129 (Calderwood Highway). The rehabilitation work will include: full depth pavement reconstruction of the mainline, parking areas, and pull-offs; repairing drainage structures; installing riprap to repair scour at culvert inlets and outlets;

replacing damaged sections of steel-backed timber guardrails; repointing stone masonry;

removing and resetting sidewalk and stone curb; stabilizing roadside ditches and reconstructing paved waterways; replacing signs and pavement markings; installing pavement markings, reseeding shoulders; bridge maintenance repairs, reconstructing accessibility ramps, and other miscellaneous work.

Environmental Commitments and Mitigation Measures All applicable mitigation measures outlined in Attachment 1 PEPC #96372 of the Programmatic CE for Routine Road Maintenance August 2020-July 2025 must be implemented.

Summary of Section 7 of the Endangered Species Act Compliance The FHWA initially planned to perform preventative maintenance and pavement preservation for Sections 8G and 8H of the Foothills Parkway. Consultation with the U.S. Fish and Wildlife Service (USFWS) was completed, and in a letter dated September 25, 2020, the USFWS concurred with the FHWA’s determination of not likely to adversely affect for the federally listed Indiana bat (Myotis sodalis) and designated critical habitat, northern long-eared bat

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

(Myotis septentrionalis), gray bat (Myotis grisescens), duskytail darter (Etheostoma percnurum), snail darter (Percina tanasi), spotfin chub (Erimonax monachus), yellowfin madtom (Noturus flavipinnis), Anthony's riversnail (Athearnia anthonyi), fine-rayed pigtoe (Fusconaia cuneolus), oyster mussel (Epioblasma capsaeformis), Cumberland bean (pearlymussel) (Villosa trabalis), Virginia spiraea (Spiraea virginiana), and spreading avens (Geum radiatum). In a letter signed February 19, 2021, FHWA requested concurrence from the USFWS that the although the scope of the project now involved rehabilitation, the previous determination that the project may affect, but is not likely to adversely affect any Federally-listed species or critical habitat remains valid because mitigation measures would be implemented during construction to minimize the potential for the project to adversely affect Federally-listed species. In a letter dated March 18, 2021, the USFWS concurred that the project is not likely to adversely affect federally-listed species and critical habitat.

Summary of Section 106 of the National Historic Preservation Act Compliance The activities covered by the Programmatic Categorical Exclusion meet the criteria for a Streamlined Review in accordance with the 2008 Nationwide Programmatic Agreement under Criteria 3. Repair/Resurfacing/Removal of Existing, Roads, Trails and Parking Areas.

Additional Agency Coordination and Compliance In Memos-to-File signed September 18, 2020, the NPS determined that the projects are covered under the Programmatic Categorical Exclusion for Routine Road Maintenance August 2020-July 2025.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Categorical Exclusion Recommendation:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I believe the project should be categorically excluded from further NEPA analysis.

Lisa T. Landers Environmental Protection Specialist

Federal Highway Administration

Categorical Exclusion Determination:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I am categorically excluding the described project from further NEPA analysis. The project meets the 23 CFR 771.117(a) definition of a categorical exclusion. No unusual circumstances per 23 CFR 771.117(b) apply.

Kevin S. Rose Environmental Team Leader

Federal Highway Administration

LISA THAXTON

LANDERS

Digitally signed by LISA

THAXTON LANDERS

Date: 2021.03.23 07:51:00 -04'00'

Kevin S Rose Digitally signed by Kevin S Rose Date: 2021.03.23 08:57:25 -04'00'

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

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):

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

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

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Does the project affect any other resources not listed above? Explain below and list anticipated permits:

i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: Anthony's Riversnail, Athearnia anthonyi (Endangered), Cumberland Bean (pearlymussel), Villosa trabalis (Endangered), Duskytail Darter, Etheostoma percnurum (Endangered), Gray Bat, Myotis grisescens (Endangered), Indiana Bat, Myotis sodalis (Endangered), Spotfin Chub, Erimonax monachus (Threatened), Spreading Avens, Geum radiatum (Endangered), Virginia Spiraea, Spiraea virginiana (Threatened), Yellowfin Madtom, Noturus flavipinnis (Threatened), Northern Long-eared Bat, Myotis septentrionalis (Threatened).

22001 Loudoun County Parkway Building E-2, Suite 200 Ashburn, VA 20147

Eastern Federal Lands Highway Division

SENT VIA ELECTRONIC CORRESPONDENCE

Mr. Lee Andrews Field Supervisor U.S. Fish and Wildlife Service 446 Neal Street Cookeville, TN 38501

Subject: NP-FOOT 8G16, 8H10

Foothills Parkway Rehabilitation Blount County, Tennessee Request for Section 7 Concurrence

Dear Mr. Andrews:

The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA) previously requested your review of a project to perform preventative maintenance and pavement preservation on three sections of the Foothills Parkway in Blount and Cocke Counties, Tennessee (FWS# 20-I-1874). After receiving your letter dated September 25, 2020, in which concurrence with FHWA’s findings of “not likely to adversely affect” was provided; FHWA and the National Park Service decided to pursue rehabilitation of Parkway Sections 8G and 8H (milepost 55.27 to milepost 77.21) rather than pavement preservation. The work for Section 8A will continue as originally planned.

The rehabilitation would begin at the existing gate west of the interchange with connector roads to Route 73 (E Lamar Alexander Parkway) and end at the intersection with U.S. Route 129 (Calderwood Highway), and would include: full depth pavement reconstruction of the mainline, parking areas, and pull-offs; repairing drainage structures; installing riprap to repair scour at culvert inlets and outlets; replacing damaged sections of steel-backed timber guardrails;

repointing stone masonry; removing and resetting sidewalk and stone curb; stabilizing roadside ditches and reconstructing paved waterways; replacing signs and pavement markings; installing pavement markings, reseeding shoulders; bridge maintenance repairs, reconstructing accessibility ramps, and other miscellaneous work.

Although the rehabilitation work is more extensive that what was previously proposed, work would still occur within the existing road prism. In-water work is proposed at two locations:

milepost 56.192 to install riprap outlet protection; and, milepost 68.984 to remove the last detached section of the pipe at the outlet, construct a stone masonry headwall to anchor remaining outlet, and install riprap outlet protection. Best management practices, including temporary stream diversion, fiber roll, rolled erosion control product, temporary vegetative stabilization, and permanent vegetative stabilization would be implemented during construction

In Reply Refer to: HFPP-15 to minimize the potential for impacts from sedimentation. A topographic map identifying the project limits and culvert locations and photographs of the culverts are attached.

FHWA previously provided a determination of “may affect, not likely to adversely affect” for the Federally listed Indiana bat (Myotis sodalis) and designated critical habitat, northern long-eared bat (Myotis septentrionalis), gray bat (Myotis grisescens), duskytail darter (Etheostoma percnurum), snail darter (Percina tanasi), spotfin chub (Erimonax monachus), yellowfin madtom (Noturus flavipinnis), Anthony's riversnail (Athearnia anthonyi), fine-rayed pigtoe (Fusconaia cuneolus), oyster mussel (Epioblasma capsaeformis), Cumberland bean (pearlymussel) (Villosa trabalis), Virginia spiraea (Spiraea virginiana), and spreading avens (Geum radiatum). The proposed rehabilitation work would occur within the existing road prism; however, minor tree clearing and the in-water work described above would be necessary to complete the repairs. The mitigation measures outlined in the attached Programmatic Categorical Exclusion would be implemented during construction. Implementation of the mitigation measures and the best management practices for erosion and sediment control and in-water work would minimize the potential for the proposed project to adversely affect Federally-listed species.

Therefore, FHWA has determined that the determination of “may affect, not likely to adversely affect” for the above Federally-listed species continues to remain valid for the proposed Foothills Parkway rehabilitation. The FHWA respectfully requests your review of the proposed project and your concurrence with this determination in accordance with Section 7 of the Endangered Species Act of 1973. If you require any additional information, or have any questions, please contact Ms. Lisa Landers, Environmental Protection Specialist, at Lisa.Landers@dot.gov or

(571) 434-1592.

Sincerely, Kevin S. Rose Environmental Compliance Specialist

Attachments cc:

Mr. John Griffith, Transportation Biologist, Tennessee Field Office, USFWS Mr. Mike Tomkosky, Project Manager, DSC, NPS, Gatlinburg, TN Mr. Herb S. Kupfer, Project Specialist, DSC, NPS, Gatlinburg, TN

Kevin S Rose

Digitally signed by Kevin S Rose Date:

2021.02.19 08:44:19 -05'00'

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Tennessee Ecological Services Field Office 446 Neal Street

Cookeville, Tennessee 38501

(931) 528-6481

March 18, 2021

Mr. Kevin Rose

Federal Highway Administration 22001 Loudoun County Parkway Building E-2, Suite 200 Ashburn, Virginia 20147

Subject: FWS# 20-I-1874. Proposed Foothills Parkway Pavement Preservation Recoordination; Federal Project No: NP-FOOT PMS(l), NP-FOOT PMS(2), and NP-FOOT PMS(3), Blount and Cocke counties, Tennessee.

Dear Mr. Rose:

Thank you for your correspondence received February 19, 2021, requesting a project recoordination on the proposal to perform preventive maintenance and pavement preservation activities on three sections of the Foothills Parkway in Blount and Cocke counties, Tennessee.

The stated purpose of this recoordination is because as the lead action agency, you have decided to pursue rehabilitation of Parkway Sections 8G and 8H (milepost 55.27 to milepost 77.21), in partnership with the National Park Service, rather than pavement preservation. The preventive maintenance and pavement preservation for Section 8A will continue as originally planned.

Rehabilitation would involve full depth pavement reconstruction of the mainline, parking areas, and pull-offs; repairing drainage structures; installing riprap at the inlets and outlets of two culverts to repair scour; replacing damaged sections of steel-backed timber guardrails; repointing stone masonry; removing and resetting sidewalk and stone curb; stabilizing roadside ditches and reconstructing paved waterways; replacing signs and pavement markings; installing pavement markings and reseeding shoulders; bridge maintenance repairs; reconstructing accessibility ramps; and other miscellaneous work.

You have determined that your previous findings remain valid and request our concurrences on the determinations of “not likely to adversely affect” for the federally listed Indiana bat (Myotis sodalis) and designated critical habitat, northern long-eared bat (Myotis septentrionalis), gray bat (Myotis grisescens), duskytail darter (Etheostoma percnurum), snail darter (Percina tanasi), FWS# 20-I-1874 spotfin chub (Erimonax monachus), yellowfin madtom (Noturus flavipinnis), Anthony's riversnail (Athearnia anthonyi), fine-rayed pigtoe (Fusconaia cuneolus), oyster mussel (Epioblasma capsaeformis), Cumberland bean (pearlymussel) (Villosa trabalis), Virginia spiraea (Spiraea virginiana), and spreading avens (Geum radiatum). These findings are based on all work occurring within the existing roadway cross-section and implementation of best management practices, including temporary stream diversion, fiber roll, rolled erosion control product, and vegetative stabilization to minimize the potential for sedimentation. We have reviewed the subject proposal and offer the following comments.

Upon review of the information provided and our database, we concur with your findings of “not likely to adversely affect” for the above-mentioned species and critical habitat. We are not aware of any federally listed, proposed species, or critical habitat that would be impacted by the project.

Therefore, based on the best information available at this time, we believe that your obligations have been fulfilled for all species that currently receive protection under the Endangered Species Act of 1973 (ESA). Obligations under section 7 of the ESA must be reconsidered if (1) new information reveals impacts of the proposed action that may affect listed species or critical habitat in a manner not previously considered, (2) the proposed action is subsequently modified to include activities which were not considered during this consultation, or (3) new species are listed or critical habitat designated that might be affected by the proposed action.

If you have any questions regarding our comments, please contact John Griffith at 931/525-4995 or by email at john_griffith@fws.gov.

Sincerely, Daniel Elbert

Field Supervisor xc: Vincent Pontello, TWRA, Crossville, TN

DANIEL

ELBERT

Digitally signed by

DANIEL ELBERT

Date: 2021.03.18 11:35:14 -04'00'