Categorical Exclusion Form (NEPA).pdf

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

BLRI 2B13-2H17

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: BLRI 2B13-2H17 Date: 8/24/2021

Project Name: Reconstruction and Rehabilitation of Blue Ridge Parkway, 2B-2H from Milepost 229-305

Location: National Park Service Blue Ridge Parkway Alleghany, Ashe, Avery, Burke, Caldwell, Watauga, and Wilkes Counties, North Carolina

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 project involves rehabilitation of sections 2B, 2C, 2D, 2E, 2F, 2G, and 2H of the Parkway.

The following activities are proposed:

Heavy 3R (resurfacing, restoration, and rehabilitation).

Light 3R (edge erosion rehabilitation, pavement marking, crack sealing, light pavement patching).

Signage and pavement markings improvements for sight and distance aimed at enhancing safety (MUTCD standard).

Shoulder stabilization with aggregate topsoil and turf establishment or geogrid pavers.

Stone curb removal and resetting.

Asphalt sidewalk reconstruction at overlook parking areas.

Guardrail and stone guardwall repair and reconstruction.

Drainage improvements including cleaning, reconditioning, and repairing more than 300 culverts, headwalls, inlets, and outfalls. Ditch reconditioning, outlet protection and other improvements will also occur.

Minor repairs of 26 Bridges: cleaning and repointing stone masonry; cleaning and resealing deck joint and vertical joints; installing object markers and clearance signs;

cleaning and sealing concrete decks; minor concrete repairs; mill and overlay;

waterproofing membranes; structural concrete crack injection; removal of graffiti; repair broken utilities; clean and paint structural steel; bridge rail repairs; and miscellaneous grading and erosion repairs.

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

Replacement of concrete deck slabs for Little Glade Creek Bridge #2 and Brush Creek Bridge #2. Deck replacement will be in-kind. The stone masonry guardwalls will be reconstructed to match the existing. Guardrail replacement will also occur.

Repair grade failures at Milepost 234, 235, and 263 with deep patches, Mechanically Stabilized Earth (MSE) walls, or other suitable methods.

These activities will mostly be confined to the existing roadway and shoulder to rehabilitate the Parkway essentially in-kind. Limited ground disturbance, wetland impacts, stream impacts, and vegetation removal will occur, particularly related to drainage and slope repairs. FHWA and NPS will implement strict erosion control, best management practices, and minimize disturbances to natural and historic resources.

Environmental Commitments and Mitigation Measures The following conservation measures are proposed to avoid and minimize potential effects to the Carolina Northern Flying Squirrel:

Conservation measures will be implemented in the Grandfather Mountain Corridor, MP 300-305

Night work will not be permitted to avoid interference with nocturnal activities All trees proposed for cutting or trimming will be marked by the construction contractor in the field and inspected by qualified contractor biologists, in coordination with FHWA/NPS prior to removal. The biologists will make the following determinations:

o Biologists will inspect the trees to determine if they may contain CNFS nests. If suitable den trees must be cut, inspect accessible cavities visually and with peeper scope. Look for evidence of use such as finely shredded birch bark. Any trees containing confirmed nests will not be removed.

o Biologists will direct contractor to avoid trees with cavities (e.g., old gnarly trees, snags, trees with woodpecker holes or rotted knotholes) and dreys (nests). In addition to yellow birch, den trees can be in other species including American beech, maple, buckeye, and spruce. Dreys are most often in conifers.

o Given its importance as a den tree and source of nest material, avoid cutting yellow birch greater than 8 inches in diameter at breast height when possible, especially in mixed stands where yellow birch is limited.

o Spruce and hemlock trees will not be removed unless they are posing a threat to the stability of the roadway or associated drainage features.

Contractor staff will be informed of the potential presence of CNFS. If flying squirrels of any type are observed by the contractor, they shall halt all work in the area and inform NPS/FHWA and USFWS immediately for further guidance.

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

Conduct tree removal work outside of the March 15 – August 30 time period when squirrels could have pups.

Avoid creating large canopy gaps along the road, which will limit squirrel movement.

This is especially important in areas without many large trees. When creating gaps >40 feet wide, leave a tree for a launch point.

The following conservation measures will be implemented to avoid and minimize impacts to bats:

Conservation measures will be implemented throughout the entire project corridor No tree removal will occur between March 15 - November 15 If bridge, culvert, or guardwall (structure) work needs to occur between March 15 and

November 15 when bats could be present on the landscape, a qualified wildlife biologist with expertise in bats contracted by FHWA/NPS will check structures for evidence of bats.

The inspections shall occur as close to the beginning of work as possible but always within two weeks of construction activities beginning.

A bridge/structure assessment form approved by NPS in consultation with FWS will be used to document the survey. A copy of the most recent draft assessment form is included as Appendix G., When the form is finalized by NPS and approved by FWS, a copy of the most recent form will be provided to the contractor by NPS prior to the survey.

All bridges should be checked.

All culverts over 2-feet in diameter, regardless of material, should be checked. If culverts are big enough to walk through, someone should walk through to check for bats.

Guardwalls or retaining walls with cracks and crevices large enough to provide habitat for bats should be checked.

Checks should follow the Indiana State University Manual for Determining Bat Presence

(see Appendix H). The manual will be provided to the contractor.

If evidence of bats is seen:

Contact the FWS immediately to discuss appropriate avoidance measures. No construction work shall begin at the structure location until discussions with FWS have concluded.

If evidence of bats is not found during the inspection of a structure, but evidence or bat sightings are unexpectedly made during construction, the contractor shall halt work.

NPS/FHWA shall notify FWS immediately. Work will not resume at the structure until FWS/NPS/FHWA agree how to proceed.

The preferred avoidance measure is waiting for bats to leave for the season and conduct work between Nov 16 and March 14. If this cannot occur, FHWA and NPS will reinitiate consultation with the USFWS to assess impacts of the proposed activity and determine

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) additional conservation measures. A more detailed survey and implementation plan may be required. This could include potential night work after bats leave for the evening, excluding bats, hand removal of bats, or other techniques as appropriate.

Regardless of when work is done, if bats are found, ensure habitat remains after bridge is repaired so bats can return the following season.

Reporting to FWS - forms documenting pre-construction checks should be sent to the FHWA/NPS by the contractor monthly or within one business day of encountering evidence of bats. NPS will provide a compilation of the reports to USFWS every 90 days, or whenever bats are documented, whichever is sooner.

The following conservation measures will be implemented to avoid and minimize impacts to Swamp Pink:

Best management practices will be used to prevent indirect impacts by sedimentation.

This will include the use of fiber roll or filter berm. An erosion and sediment control plan will be prepared and submitted to the North Carolina Department of Environmental Quality for review and approval

The contractor, NPS, and FHWA staff will not stage materials, equipment, or vehicles along the roadway shoulders between Milepost 248.0-249.0.

NPS staff will monitor hydroseeding and turf establishment activities within 100 meters of the known population to ensure that fescue or other seeds are not applied outside of the roadway shoulders.

The following conservation measures will be implemented to avoid and minimize impacts to Rock Gnome Lichen:

The design will be carefully specified to avoid direct impacts.

Contactors and equipment will not enter the stream channel beneath Stack Rock Creek

Bridge (Milepost 304) and construction debris will be contained/secured on the bridge deck until removal. Debris will be removed at the end of each workday.

The contractor, NPS, and FHWA staff will not stage materials, equipment, or vehicles along the roadway shoulders within 100 meters of Stack Rock Creek Bridge.

Best management practices will be used to prevent indirect impacts by sedimentation. An erosion and sediment control plan will be prepared and submitted to the North Carolina Department of Environmental Quality for review and approval.

The following conservation measures for the Bog turtle were recommended but are not subject to Section 7 consultation:

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

Avoid soil disturbance, excavation, or other activities that could impact wetland hydrology adjacent to and within bog turtle wetlands.

If possible, conduct work adjacent to/within bog turtle wetlands during the bog turtle hibernation period which is November 1 to February 28/29.

Use best management practices (BMPs) to avoid the spread of invasive plants into wetlands.

Where road work bisects known bog turtle habitat, attempt to include bog turtle passageways or retrofit existing culverts in a manner that will allow for bog turtle passage to connect habitat and reduce road mortality.

All bridges, culverts and other roadside features will be repaired or replaced in kind to match the historic character of the roadway.

Summary of Section 7 of the Endangered Species Act Compliance FHWA obtained an official species list using the USFWS Information for Planning and Consultation (IPaC) website in March 2021. The query resulted in the identification of fourteen species (See Appendix A). FHWA initiated consultation with the USFWS in May 2021. The initial contact included a project description, GIS data, and preliminary conclusions. FHWA and NPS also requested any additional conservation measures, recommendations, or other feedback.

On June 7, 2021 USFWS submitted a response that included numerous recommendations for the project and requested the preparation of a Biological Evaluation. A draft version of the Biological Assessment was submitted to USFWS on July 9, 2021. FHWA received comments from USFWS and provided a final revision on July 29, 2021. The Biological Assessment contains numerous conservation measures as described in the Environmental Commitment section above. The BE contains the following conclusion:

Based on the results of this evaluation, FHWA and NPS have determined the project would have no effect on the following seven federally regulated species: Spruce‐fir Moss Spider

(Microhexura montivaga); Blue Ridge Goldenrod (Solidago spithamaea); Dwarf‐flowered

Heartleaf (Hexastylis naniflora); Heller's Blazingstar (Liatris helleri); Roan Mountain Bluet

(Hedyotis purpurea var. montana); Spreading Avens (Geum radiatum); and, Virginia Spiraea

(Spiraea virginiana). The project would also have no effect on the at‐risk Golden Winged

Warbler (Vermivora chrysoptera). A may affect, not likely to adversely affect determination has been reached for six federally regulated species including the Carolina Northern Flying Squirrel

(Glaucomys sabrinus coloratus), Gray Bat (Myotis grisescens), Northern Long‐eared Bat (Myotis septentrionalis), Virginia Big‐eared Bat (Corynorhinus/Plecotus townsendii virginianus), Swamp

Pink (Helonias bullata), and Rock Gnome Lichen (Gymnoderma lineare). The project may affect

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) but is not likely to adversely affect three at‐risk species including the Carolina Hemlock (Tsuga caroliniana), Tricolored bat (Perimyotis subflavus), and Little Brown Bat (Myotis lucifugus).

On August 10, 2021, USFWS concurred with the FHWA conclusions. The concurrence is contingent upon numerous conditions specified in the Biological Assessment.

Summary of Section 106 of the National Historic Preservation Act Compliance NPS is the lead federal agency for Section 106 compliance. On July 13, 2021, NPS sent a consultation letter to the North Carolina State Historic Preservation Office (SHPO) containing the following assessment:

The area of potential effects (APE) for this project includes the area that would be directly impacted by road maintenance (Sections 2B, 2C, 2D, 2E, 2F, 2G, and 2H), as well as the area from which the maintenance activities would be visible and audible.

Historic properties within the APE include the National Register of Historic Places (NRHP) eligible Blue Ridge Parkway Historic District (BN0905), and its contributing features of bridges, culverts, and landscaping, that are located within the Sections listed above.

Several sections of the parkway and its contributing features of bridges, culverts, and landscaping will all be included as elements of this proposed project. The park has been working closely with the NCSHPO office, and through that consultation notes that the proposed work will not rise to the level of causing an adverse effect to the parkway.

An NPS archeologist evaluated the project APE and does not anticipate any effects to unidentified cultural resources.

Blue Ridge Parkway and NPS Southeast Regional Office subject matter experts have reviewed this project and determined it would have no adverse effect on the Blue Ridge Parkway Historic District.

The SHPO concurred with the NPS determination in a letter dated August 20, 2021 (SHPO file

ER-21-1921).

Additional Agency Coordination and Compliance NPS and FHWA are preparing concurrent NEPA documentation. The NPS environmental/PEPC review file PIN 102368 contains additional documentation and analysis.

A wetland and Waters of the US survey is currently being conducted. Any work that would result in wetland/stream impacts will require Clean Water Act, Section 404 and 401 permits.

Erosion and Sediment Control plan review is required. This may require a Trout Buffer Waiver, and other state permitting. An NPDES permit will be required.

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.

8/24/2021 Ryan Kimberley Environmental Protection Specialist

Federal Highway Administration

Date

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

Date

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

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

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?

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

☐Yes ☒No 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:

Carolina Northern Flying Squirrel, Glaucomys sabrinus coloratus

Gray Bat, Myotis grisescens

Northern Long‐eared Bat, Myotis septentrionalis

Virginia Big‐eared Bat, Corynorhinus (=Plecotus) townsendii virginianus

Bog Turtle, Clemmys muhlenbergii

Spruce‐fir Moss Spider, Microhexura montivaga

Blue Ridge Goldenrod, Solidago spithamaea

Dwarf‐flowered Heartleaf, Hexastylis naniflora

Heller's Blazingstar, Liatris helleri

Roan Mountain Bluet, Hedyotis purpurea var. montana

Spreading Avens, Geum radiatum

Swamp Pink, Helonias bullata

Virginia Spiraea, Spiraea virginiana

Rock Gnome Lichen, Gymnoderma lineare

At-Risk species per USFWS consultation:

Carolina Hemlock, Tsuga caroliniana

Golden Winged Warbler, Vermivora chrysoptera

Tricolored bat, Perimyotis subflavus

Little Brown Bat, Myotis Lucifugus