Categorical Exclusion Form (NEPA).pdf

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

NY FLAP DOT 63(1)

Eastern Federal Lands Highway Division

NEPA Categorical Exclusion Form

Project Number: NY FLAP DOT 63(1) Date: 5/7/2020

Project Name: Pavement improvements and culvert replacements on Route 63 through Iroquois National Wildlife

Refuge

Location: Access to Iroquois National Wildlife Refuge

Genesee and Orleans Counties, New York

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

Project area is approximately 3 miles of NYS Route 63 within the Iroquois National Wildlife

Refuge. Proposed work includes asphalt overlay, guardrail replacement, box/pipe culvert replacement, and other miscellaneous work.

Wetlands surround most of the project area. Project is designed to minimize intrusion into wetlands while meeting safety and design standards.

Environmental Commitments and Mitigation Measures

Minimize intrusion into wetlands as much as possible, while meeting safety and design standards.

Additional measures may be incorporated through the state permitting process.

Summary of Section 7 of the Endangered Species Act Compliance

On February 14, 2020, a screening of the U.S. Fish and Wildlife Service’s (USFWS’s)

Information for Planning and Conservation (IPaC) Trust Resource Reports indicated a total of zero (0) threatened, endangered, or candidate species within the project area. The requirements under Section 7 of the ESA have been met for this project.

https://www.ecfr.gov/cgi-bin/text-idx?SID=842bb87055f89f1d0ff242f2b9e20ff7&mc=true&node=pt23.1.771&rgn=div5#se23.1.771_1117

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

Summary of Section 106 of the National Historic Preservation Act Compliance

The project will not involve acquisition of new right-of-way and does not result in the disturbance of soils previously undisturbed by recent construction. The project’s activities are listed under ‘New York State Department of Transportation Section 106 Procedures: Activities

That Are Undertakings With No Potential to Cause Effects On Historic Properties –Pursuant to

36 CFR 800.3(a)(1).

There will be no impact on any structure or sites protected by Section 106 of the National

Preservation Act; and Section 14.09 of the New York State Preservation Act of 1980. No further action is required.

Additional Agency Coordination and Compliance

NYSDOT is leading compliance with Section 7 and Section 106. This document offers EFLHD’s agreement with the Categorical Exclusion determination for the purposes of NEPA.

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.

Christopher Hansen

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:

Project is exempt from the conformity rule as a safety project (40 CFR 93.126)

• 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: None.