Categorical Exclusion Form (NEPA).pdf

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

TN ERFO FS 2019-1(3)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: TN ERFO FS 2019-1(3) Date: 1/6/2022

Project Name: TN ERFO FS 2019-1(3), FS 54, Paint Mountain Rd., FS 209, Brush Creek Rd., FS 404, Big Clifty Rd.

Location: U.S. Forest Service, Cherokee National Forest Unaka Ranger District, Greenville, Tennessee FS 54, Paint Mtn. Rd., Greene County, TN FS 209, Brush Cr. Rd. & FS 404, Big Clifty Rd., Cocke County, TN

CE Category 23 CFR 771.117 (c)(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)[..] 36 CFR 220.6(d)(4) Repair and maintenance of roads, trails, and landline boundaries.

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

Project Description During the spring of 2019, a series of heavy rain events caused some significant roadway damages within the Cherokee National Forest. Damages include large significant landslides, roadway and shoulder washouts, and clogged or displaced culverts. The damaged roadways prevented roadway public access into various points of the Cherokee National Forest. The disaster identification number is TN2019-1-FS.

The conditions are documented in ERFO Damage Survey Report # FS-54 Paint Mountain Road, FS-209 Brush Creek Road and FS-404 Big Clifty Road.

PROJECT PURPOSE AND SCOPE

The primary goals of this project are as follows:

To repair storm damage and slide repairs along FS-54 Paint Mountain Road, FS-209 Brush Creek Road and FS-404 Big Clifty Road.

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

The following improvements would be incorporated into this project:

Location No. 1: FS-54 Paint Mountain Road, GPS Coordinates (35.95046, -82.89655)

• MP 1.7 to 5.15 o Resurface 6-inch deep aggregate roadway.

• MP 1.77

o Repair settlement area 55 feet long x 1-foot deep

• MP 1.82

o Clean 15-inch diameter culvert in place; 20 feet long.

o Ditch reconditioning; 295 feet long.

o Aggregate overlay 295 feet long x 13 feet wide by 6" deep.

o Reconstruct slide area; 45 feet long.

• MP 1.90

o Repair roadway rutting 14 feet long x 12 feet wide x 3 feet deep.

o Resurface 14 feet wide x 60 feet long x 6-inch deep aggregate roadway.

o Ditch reconditioning; 105 feet long.

• MP 2.20

o Aggregate overlay 65 feet long x 17 feet wide by 6" deep.

o Clean culvert in place.

• MP 2.30

o Ditch reconditioning; 105 feet long.

• MP 2.40

o Resurface 12 feet wide x 250 feet long x 6-inch deep aggregate roadway.

o Ditch reconditioning; 250 feet long.

o Clean 12-inch diameter culvert in place; 30 feet long.

• MP 2.50

o Clean 18-inch diameter culvert in place; 24 feet long.

o Resurface 12 feet wide x 50 feet long aggregate roadway.

• MP 2.70

o Ditch reconditioning; 110 feet long.

o Reconstruct slide area; 110 feet wide.

• MP 3.50

o Reconstruct 16 feet long x 14 feet wide x 13 feet deep slide area with MSE wall.

• MP 3.94

o Reconstruct 16 feet long x 5.5 feet wide x 4.5 feet deep slide area with MSE wall.

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

• MP 4.04

o Clean 18-inch diameter culvert in place; 25 feet long.

• MP 4.54

o Construct new 24-inch diameter culvert with headwall.

o Install riprap at culvert outlet.

• MP 4.64

o Ditch reconditioning; 250 feet long.

o Repair 6-inch deep settlement; 70 feet long.

• MP 4.74

o Ditch reconditioning; 200 feet long.

o Repair 4-inch deep settlement; 55 feet long.

• MP 4.84

o Repair 4-inch deep settlement; 35 feet long x 4 feet wide.

• MP 4.94

o Repair 4-inch deep settlement; 110 feet long x 3 feet wide.

o Repair 1-foot deep x 4-inch wide separation crack.

• MP 5.00

o Tie in driveway connection. Resurface 14 feet wide x 75 feet long x 6-inch deep aggregate roadway.

• MP 5.10

o Repair settlement area; 55 feet long x 4 feet wide.

o Ditch reconditioning; 60 feet long.

o Resurface 13 feet wide x 115 feet long aggregate roadway.

o Clean culvert in place.

o Repair washout area at culvert outlet; 5 feet wide x 3 feet deep x 20.5 feet long.

Location No. 2: FS-209 Brush Creek Road, GPS Coordinates (35.95199, -82.93528)

• MP 1.12

o Reconstruct 55 feet long x 10 feet wide x 11 feet deep slide area with MSE wall.

• MP 1.90

o Reconstruct 60 feet long x 21 feet wide x 19 feet deep slide area with MSE wall.

o Roadway reconditioning; 215 feet long.

o Ditch reconditioning; 290 feet long.

o Resurface 14 feet wide x 170 feet long x 6-inch deep aggregate roadway.

Location No. 3: FS-404 Big Clifty Road, GPS Coordinates (35.97095, -82.97022)

• Clean culvert in place; 30 feet long.

• Reconstruct 80 feet long x 12 feet wide x 15 feet deep slide area with a MSE wall.

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

Environmental Commitments and Mitigation Measures N/A

Summary of Section 7 of the Endangered Species Act Compliance Listed species for the action area include Gray Bat (Endangered), Indiana Bat (Endangered) and Northern Long Eared Bat (Threatened). The monarch butterfly is currently listed as a candidate species. There is no designated critical habitat for listed species within the action area. The FHWA-EFL has determined the project will have no effect to listed species. The action does not remove or alter suited habitat for the listed bat species.

Summary of Section 106 of the National Historic Preservation Act Compliance On September 18, 2020, the Tennessee State Historic Preservation Office determined the proposed action would have no effect to historic properties.

Additional Agency Coordination and Compliance N/A

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.

____________________________________ _January 6, 2022_ Nicholle Braspennickx 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

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:

The project (FS 209, Brush Creek Road) may require review, and possibly permits, from the U.S. Army Corps of Engineers and the Tennessee Department of Environment and Conservation, for in-water work.

i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: