Categorical Exclusion Form (NEPA).pdf

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

KY ERFO COE 2019-1(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: KY ERFO COE 2019-1(1) Date: 7/8/2021

Project Name: Kendall Campground Repairs

Location: Kendall Recreation Area Russell County, Kentucky

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

(i) That receive less than $5,000,000 [now $5,500,515.05 as adjusted for inflation] (ii) With a total estimated cost of not more than $30,000,000 [now $33,003,090.30 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 The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), in cooperation with the U.S. Army Corps of Engineers (USACE), proposes to repair the Kendall Day Use Parking Area, Boat Launch Ramp and Campground Entrance Loop within the Lake Cumberland Kendall Recreation Area. Record rainfall at Lake Cumberland and record discharges from Wolf Creek Dam resulted in severe erosion and slope failures along the adjacent road and parking area. Repair work includes removal of loose soil and debris, installation of soil nails, construction of gabion retaining walls, reconstruction of damaged pavement, drainage improvements, guardrail installation, and other miscellaneous improvements.

Environmental Commitments and Mitigation Measures Trees that may provide suitable summer roosting habitat, as identified by USACE in a survey conducted May 2021, will be cleared from November 15 to March 31, when bats are not active.

Tree removal is limited to that specified in the project plans.

Summary of Section 7 of the Endangered Species Act Compliance The U.S. Fish and Wildlife Service’s (USFWS) Information for Planning and Conservation (IPaC) website was used to obtain an official species list and complete relevant determination keys. The Kentucky Gray Bat Determination Key was completed in IPaC, and resulted in a determination of may affect, not likely to adversely affect. The determination key for the FHWA, FRA, FTA Programmatic Consultation for Transportation Projects Affecting the Northern Long-

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(03) eared Bat (NLEB) or Indiana Bat was also completed in IPaC, resulting in a determination of may affect, not likely to adversely affect.

In a letter dated May 18, 2021, FHWA requested concurrence from USFWS that the project may affect, but is not likely to adversely affect the Cumberland bean (pearlymussel), Cumberland combshell, fanshell, fluted kidneyshell, littlewing pearlymussel, orangefoot pimpleback (pearlymussel), pink mucket, purple cat’s paw, rabbitsfoot, ring pink (mussel), rough pigtoe, sheepnose mussle, spectaclecase (mussel), and tan riffleshell. USFWS concurred with FHWA’s determination of may affect, but not likely to adversely affect the aforementioned federally listed mussel species on June 17, 2021.

Summary of Section 106 of the National Historic Preservation Act Compliance The proposed repairs would be performed within the previously disturbed road prism, eroded embankment area, and adjacent steeply sloped areas that have low potential for archeological resources to be present. Therefore, FHWA determined that the proposed undertaking would not affect historic properties in a letter dated June 7, 2021. The State Historic Preservation Officer (SHPO) concurred with FHWA’s finding on July 7, 2021.

Additional Agency Coordination and Compliance FHWA coordinated with USACE during the environmental compliance process to identify potential impacts of the project, and incorporated information provided by USACE to complete resource agency reviews. USACE may adopt this Categorical Exclusion to meet their NEPA requirements in accordance with 40 C.F.R. § 1507.3(f)(5).

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

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.

Kim D. Campo-Allen 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

KIMBERLY DIANE

CAMPO-ALLEN

Digitally signed by KIMBERLY

DIANE CAMPO-ALLEN

Date: 2021.07.08 13:06:57 -04'00'

KEVIN S ROSE Digitally signed by KEVIN S ROSE Date: 2021.07.08 13:15:37 -04'00'

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

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(03)

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(03)

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: gray bat (Myotis grisescens), Indiana bat (Myotis sodalis), northern long-eared bat (NLEB) (Myotis septentrionalis), Cumberland bean (pearlymussel), Cumberland combshell (Epioblasma brevidens), fanshell (Cyprogenia stegaria), fluted kidneyshell (Ptychobranchus subtentus), littlewing pearlymussel (Pegias fabula), orangefoot pimpleback (pearlymussel) (Plethobasus cooperianus), pink mucket (Lampsilis abrupta), purple cat’s paw (Epioblasma obliquata obliquata), rabbitsfoot (Quadrula cylindrica cylindrica), ring pink (mussel) (Obovaria retusa), rough pigtoe (Pleurobema plenum), sheepnose mussle (Plethobasus cyphyus), spectaclecase (mussel) (Cumberlandia monodonta), and tan riffleshell (Epioblasma florentina walkeri (=E. walkeri)).

June 17, 2021

Mr. Kevin S. Rose Easter Federal Lands Highway Division 22001 Loudoun County Parkway Building E-2, Suite 200 Ashburn, Virginia 20147

Subject: FWS 2021-B-0342; Kendall Campground Repairs; KY ERFO COE 2019-1(1) in

Russell County, Kentucky.

Dear Mr. Rose:

The U.S. Fish and Wildlife Service’s (Service) Kentucky Field Office (KFO) has reviewed the above-referenced project information and request for concurrence received on May 18, 2021.

The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), in cooperation with the U.S. Army Corps of Engineers, is proposing to repair the Kendall day use parking area, boat launching ramp and campground entrance loop. The KFO offers the following comments in accordance with the Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.).

Project Description The project is entirely within the Lake Cumberland Kendall Recreation Area. Repair work includes removal of loose soil and debris, installation of soil nails, construction of a gabion retaining wall, reconstruction of damaged pavement, drainage improvements, guardrail, installation, and other miscellaneous improvements. Best management practices (BMP) would be taken at the site during construction to limit sedimentation of the stream.

Federally Listed Species The FHWA has determined that the proposed action has the potential to affect the gray bat (Myotis grisescens), Indiana bat (Myotis sodalis), northern long-eared bat (Myotis septentrionalis) (NLEB), Cumberland bean (Villosa trabilis), Cumberland combshell (Epioblasma brevidens), fanshell (Cyprogenia stegaria), fluted kidneyshell (Ptychobranchus subtentus), littlewing pearlymussel (Pegias fabula), orangefoot pimpleback (Plethobasus cooperianus), pink mucket (Lampsilis abrupta), purple cat paw (Epioblasma obliquata obliquata), rabbitsfoot (Quadrula cylindrica cylindrica), ring pink (Obovaria retusa), rough pigtoe (Pleurobema plenum), sheepnose (Plethobasus cyphyus), spectaclecase (Cumberlandia monodonta), and tan riffleshell (Epioblasma florentina walker).

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Kentucky Ecological Services Field Office

330 West Broadway, Suite 265 Frankfort, Kentucky 40601

(502) 695-0468

Gray bat The FHWA addressed potential effects to the gray bat on May 14, 2021, through the Service’s Information for Planning and Consultation (IPaC) system (04EK1000-2021-E-02840). We have no additional comments or concerns regarding this species.

Indiana bat and Northern Long-eared Bat: The FHWA addressed potential effects to the Indiana bat and NLEB on May 14, 2021, by requesting reliance on the Service’s programmatic biological opinion for Transportation Projects in the Range of the Indiana bat and NLEB. This request was through the Service’s IPaC system (04EK1000-2021-E-02846). We have no additional comments or concerns regarding these species.

Federally Listed Mussel Species No in-stream activities are necessary as part of the proposed action and appropriate BMPs will be implemented throughout the project duration. Based on our review of the information provided, the Service concurs with your effects determination that the proposed action “may affect”, but is not likely to adversely affect the Cumberland bean, Cumberland combshell, fanshell, fluted kidneyshell, littlewing pearlymussel, orangefoot pimpleback, pink mucket, purple cat paw, rabbitsfoot, and ring pink, rough pigtoe, sheepnose, spectaclecase, and tan riffleshell.

Summary The KFO concurs that the proposed action “may affect, but is not likely to adversely affect” the aforementioned federally listed mussel species. In view of these findings, we believe the FHWS has satisfied the requirements of section 7 of the Endangered Species Act for this project. The FHWA should reconsider their section 7 obligations, if: (1) new information reveals that the proposed action may affect listed species in a manner or to an extent 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.

We appreciate the opportunity to review the proposed project. If you have any questions, please contact Phil DeGarmo of my staff at 502-695-0468, extension 46110.

Sincerely, for Virgil Lee Andrews, Jr.

Field Supervisor

JENNIFER GARLAND

Digitally signed by JENNIFER

GARLAND

Date: 2021.06.17 13:24:13 -04'00'