Categorical Exclusion Form (NEPA).pdf

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

TN NP GRSM 10N(3), 19(1), 107(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: TN NP GRSM 10N(3), 19(1), 107(1) Date: 8/12/2022

Project Name: Rehabilitation of Newfound Gap Road MP 0.0 – 1.8, and Sugarlands Headquarters Road, Rehabilitation of Lakeview Drive East, and Pavement Preservation of Heintooga Ridge Road, and Balsam Mountain Campground Road

Location: National Park Service, Great Smoky Mountains National Park Sevier County, Tennessee, and Swain & Haywood Counties, North Carolina

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)[..]

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

Project Description

NEWFOUND GAP ROAD

Work includes asphalt concrete pavement milling and overlay of 3.05 miles of Newfound Gap Road, River Road, Gatlinburg Bypass Road, Interchange Ramps, and associated parking areas and pullouts. Work also includes reconstructing 0.97 miles of Sugarlands (Park) Headquarters Road, Two Mile Branch Road, and associated parking areas and pullouts.

LAKEVIEW DRIVE EAST

Work incudes performing full depth reclamation with cement stabilization of 6.41 miles of Lakeview Drive East and associated parking areas and pullouts.

HEINTOOGA RIDGE ROAD

Work incudes placing an ultra-thin bonded wearing course on 5.72 miles of Heintooga Ridge Road and associated parking areas and pullouts. Work also includes reconstructing 0.41 miles of Balsam Mountain Campground Roads.

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

TN NP GRSM 10N(3), 19(1), 107(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Work at all three sites also includes asphalt concrete pavement patching, repointing stone masonry joints, replacing steel backed timber guardrail, removing/resetting stone curbs, cleaning/repairing drainage structures, reconditioning ditches/shoulders, replacing signs, placing permanent pavement markings, performing concrete deck repairs, placing new concrete deck overlay, and other miscellaneous work. The double box culvert at MP 1.1 on Newfound Gap Road, referred to as the Two Mile Branch Culvert, would be repaired/maintained by filling the voids that have formed under the culvert wall footings as the result of scouring.

Environmental Commitments and Mitigation Measures Trees may only be removed outside the Indiana Bat Roosting Period, from August 16 – May 14.

Summary of Section 7 of the Endangered Species Act Compliance In Sevier County, Tennessee, the listed species are:

Gray Bat (Endangered), Indiana Bat (Endangered) and the project is in Designated Critical Habitat for Indiana Bat, and the Northern Long Eared Bat (Threatened). Oyster Mussel (Endangered) and the candidate Monarch Butterfly are also listed.

In Haywood and Swain Counties, North Carolina, the listed species are:

Gray Bat (Endangered), Indiana Bat (Endangered) and the project is in Designated Critical Habitat for Indiana Bat, and the Northern Long Eared Bat (Threatened). Also listed are the Carolina Northern Flying Squirrel (Endangered), the Littlewing Pearly mussel (Endangered), the candidate Monarch Butterfly, the Spruce-fir Moss Spider (Endangered), Spreading Avens (Endangered), Virginia spirea (Threatened) and the Rock Gnome Lichen (Endangered)

The proposed work is to rehabilitate and preserve exiting paved areas (roads, pull-outs and parking areas). The proposed work also includes some structure maintenance, such as placing grout and riprap on exiting crossings of creeks. All work will occur in previously disturbed/constructed areas. There is no record of the oyster mussel or Littlewing Pearly mussel in the Greater Smoky Mountains National Park. Spreading Avens and Virginia spirea are found in or near the project areas. The project will not involve the removal of trees. The project will not result in the alteration of roadside vegetation, which could potentially affect habitat for the Monarch butterfly. The designated critical habitat for the Indiana bat is in a specific cave in the park, and not near the project sites. More species-specific information is listed below:

• The proposed action will occur in known habitat for Carolina Northern Flying Squirrel.

Although potential habitat exists, the proposed action will not remove trees above the 4,500-foot elevation line, the location of known habitat. The northern flying squirrel requires sizable trees

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

TN NP GRSM 10N(3), 19(1), 107(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form for habitat and finds habitat in large trees with hollow crevices while bats live beneath peeling bark on trees. Although no impacts to this species are expected, to ensure that these habitats are not disturbed, no large trees (greater than 6 inches in diameter) will be removed.

• Trees will only be permitted to be removed outside of the Indiana bat roosting period, from August 16 through May 14.

• The rock gnome lichen (Gymnoderma lineare) is known to exist in the two areas adjacent to, but outside, the project location (Walker Camp Prong area). Although no work is scheduled to occur that will directly affect the rock gnome lichen, appropriate best management practices will be employed to ensure minimal, if any, effect on the rock gnome lichen. Silt fencing and other appropriate methods of erosion control will be employed to mitigate any potential effect construction may have.

The proposed actions will not adversely affect suited habitat or suited habitat elements for listed species. Therefore, the proposed projects would have no effect on listed species.

Summary of Section 106 of the National Historic Preservation Act Compliance On January 30, 2022, the Tennessee Historical Commission determined the project’s proposed actions would have no adverse effects to historic properties (including the Two Mile Branch Culvert, on Newfound Gap Road). No archeological surveys are warranted, as the work occurs within previously disturbed areas.

Additional Agency Coordination and Compliance N/A

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

TN NP GRSM 10N(3), 19(1), 107(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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.

Nicholle Braspennickx Environmental Protection Specialist Eastern Federal Lands Highway Division 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 Eastern Federal Lands Highway Division Federal Highway Administration

Date

NICHOLLE MARIE

BRASPENNICKX

Digitally signed by NICHOLLE

MARIE BRASPENNICKX

Date: 2022.08.12 13:34:54 -04'00'

KEVIN S ROSE Digitally signed by KEVIN S ROSE Date: 2022.08.12 13:52:36 -04'00'

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

TN NP GRSM 10N(3), 19(1), 107(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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)

TN NP GRSM 10N(3), 19(1), 107(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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)

TN NP GRSM 10N(3), 19(1), 107(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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

For the in-stream maintenance work proposed on the Two Mile Branch Culvert double box culvert at MP 1.1 on Newfound Gap Road, a Section 404 permit from the U.S. Army Corps of Engineers and a 401 Water Quality Certification from the State of Tennessee would be required. Also required would be permits from the Tennessee Department of Environment and Conservation for Aquatic Resource Alteration, Erosion and Sediment Control Permit and an NPDES permit.

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