Categorical Exclusion Form (NEPA).pdf

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

VA ERFO BLRI NPS 2020-1(2)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: VA ERFO BLRI NPS 2020-1(2) Date: 8/4/2021

Project Name: Permanent Slide Repairs at MP 119.7 and 127.9

Location: Blue Ridge Parkway Roanoke County, VA

CE Category 23 CFR 771.117 (c)(23): Federally funded projects

(i) That receive less than $5,000,000 [now $5,613,345.90 as adjusted for inflation] (ii) With a total estimated cost of not more than $30,000,000 [now $33,680,075.42 as adjusted for inflation...]

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

Project Description Heavy rains in May 2020 caused landslides and roadway failure at the Milepost 119.7 cut slope and Milepost 127.9 fill slope. FHWA inspected the sites on June 1, 2020 and provided recommendations for repair. The storm damage was found eligible for funding through the Emergency Relief for Federally Owned Roads (ERFO) program.

The repairs at MP 119.7 include slope stabilization using a soil nail/netting system. A Mechanically Stabilized Earth (MSE) wall would be constructed at MP 127.9. The work would require mobilization, traffic control, erosion control, repaving, pavement striping, and guardrail installation.

Environmental Commitments and Mitigation Measures

Trees will only be cut between Nov 1- March 31 to protect protected listed species and nesting migratory birds.

No work is allowed between dusk and dawn to protect regulated bat species.

Summary of Section 7 of the Endangered Species Act Compliance The National Park Service completed Section 7 consultation with the US Fish and Wildlife Service. The consultation resulted in a may effect, not likely to adversely affect determination for the Northern Long-eared Bat and the Indiana Bat. NPS obtained the above listed Avoidance and Minimization Measures using the Indiana Bat and Northern Long-eared Bat Programmatic Biological Opinion for Transportation Projects.

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

Summary of Section 106 of the National Historic Preservation Act Compliance NPS determined the project will have no effect on the historic parkway. Section 106 compliance was achieved using the streamlined review under the 2008 Servicewide Programmatic Agreement.

Additional Agency Coordination and Compliance NPS is the lead federal agency for NEPA, Section 7, and Section 106 compliance. See PEPC File 96198 for full compliance file.

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.

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 ☐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:

no