Categorical Exclusion Form (NEPA).pdf

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

FW-TENN 12(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: FW-TENN 12(1) Date: 9/15/2021

Project Name: FW-TENN 12(1)

Location: U.S. Fish and Wildlife Service, Tennessee National Wildlife Refuge, Big Sandy Unit Benton and Henry Counties, Tennessee

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 Big Sandy Road is a 6.87-mile long gravel road within the Tennessee National Wildlife Refuge, and is mainly used by the public for wildlife viewing and access for hunting, cemetery, and refuge cooperative farming. The objective of this project is to repair the road so that the refuge will meet the wildlife and public objectives, specifically, hunting, fishing, wildlife observation, church/cemetery access, photography, and environmental education.

Most drainage culverts are undersized and do not have enough cover which may require to raise the profile grade at some locations. Overtopping occurs at many locations along Big Sandy Road, specifically, the road gets flooded along the last 2.5 miles, and therefore ditch reconditioning and/or raising the profile grade will be required.

Scope of Work:

Rehabilitation and resurfacing the entire length of Big Sandy Road (6.87 miles) with aggregate surface course (limestone gravel state mix).

Reshape the road to remove pot holes, washboarding, and to correct crown loss.

Resurfacing of parking areas and pull-offs along the road.

Drainage improvement on the roadway by regrading, ditch clearing and reconditioning, EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

FW-TENN 12(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form and establishing new ditches where needed.

Replacement of several failing or damaged pipe culverts.

Replacement of one non-functional water control structure.

The following parking areas and pull-offs adjacent to the roadway would be resurfaced:

23rd Kiosk Parking, Parking 952 (MP 0.4).

Cemetery Parking & Access Road, Parking 908 (MP 1.19).

Bennetts Creek Overlook Parking, Parking 946 (MP 1.8).

Chickasaw Trailhead Parking, Parking 945 (MP 3.21).

Black Rock Parking, Parking 909 (MP 3.74).

New 2-space proposed pull off area (MP 5.2).

Evans Cemetery Parking, Parking 945 (MP 6.87).

Environmental Commitments and Mitigation Measures No work will be allowed from November 15 through March 15 due to hunting seasons/ recreation.

In water work would occur during the dry season July – October.

Access should be granted to the crops farmers during farming and harvesting seasons.

Harvesting season is from April through May and farming season starts in early November.

One lane of traffic must be maintained at-all-times using single lane closure with flagger.

A short time closure will be allowed when placing precast box culverts. Roadway closures are to be coordinated in advance with the FWS.

Summary of Section 7 of the Endangered Species Act (ESA) Compliance The USFWS completed the Section 7 ESA analysis for the project. The USFWS found that the proposed action may affect, but is not likely to adversely affect, the following listed species:

Pink mucket pearly mussel (Endangered); Orange foot pimpleback mussel (Endangered);

Rough pigtoe mussel (Endangered); Least turn (Threatened); Piping plover (Endangered); Indiana Bat (Endangered); Northern long eared bat (Threatened); and Red Knot (Threatened).

From the USFWS Section 7 ESA analysis for the Big Sandy Project, dated May 8, 2020:

The Threatened and Endangered species listed above are not likely to be impacted by the project.

The project area is within the upland area of the Big Sandy Peninsula except for a 200-yard

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

FW-TENN 12(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form section that is near the shore of the Big Sandy River/Kentucky Lake. At summer pool elevations work should be able to occur without impacting these waters. Best management practices will be in place to limit sediment and other possible contaminants from entering these waters.

Pink mucket pearly mussel, Orangefoot pimpleback mussel, Rough pigtoe mussel, and Ring pink mussel - There are no records of these mussels in close proximity of the project location. The Cookeville Ecological Services office will have and maintain the most up-to-date information on these species location. No work will be occurring near the waters of Kentucky Lake except for a 200-yard stretch that will require some rip rap along the edge of the road above the summer pool elevation. These species should not be impacted by this project.

Least tern, Piping plover and Red knot - These three species are very rare migrants through the region and only potentially occur on refuge for brief periods during spring and fall. The least tern has been observed on a few occasions on the refuge in recent years. The piping plover is not known to have been documented on the refuge. The red knot has not been documented on the refuge since 1981. These bird species are unlikely to be present at the work location and the project work does not occur within or near their preferred habitats and thus these species should not be impacted.

Indiana bat, Gray bat and Northern Long-eared bat - None of these species have not been documented to occur on the Big Sandy Unit of the refuge but the appropriate habitat occurs. The road is located in a habitat that could support breeding Indiana bats. However, the potential of removing a tree occupied by Indiana bats is not likely. Therefore, it is unlikely that any of these species will be impacted by this project.

No additional time restrictions or measures are necessary for the purposes of Section 7 of ESA.

The FHWA EFL agrees with the USFWS analysis for Section 7 of ESA.

Summary of Section 106 of the National Historic Preservation Act Compliance Big Sandy Road provides access to the Mount Zion Church and cemetery. The church and cemetery are listed on the National Register of Historic Places. The parking lot for the church is being resurfaced as part of this project. In accordance with the Final Comprehensive Conservation Plan and Finding of No Significant Impact, dated October 2010, the project is within the definition of maintenance and management of existing facilities. In their July 22, 2021 Concurrence Letter, the Tennessee State Historic Preservation Office agreed the Big Sandy Road project’s activities will not affect any historic resources, if they are present. The Cherokee Nation

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

FW-TENN 12(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form and the Eastern Shawnee Tribe also reviewed the Big Sandy Road project and agreed the project’s proposed actions have negligible effects to historic resources.

Additional Agency Coordination and Compliance N/A

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.

____________________________________ September 15, 2021 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: 2021.09.15 13:50:29 -04'00'

KEVIN S ROSE Digitally signed by KEVIN S ROSE Date: 2021.09.15 14:16:17 -04'00'

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

FW-TENN 12(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

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

FW-TENN 12(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

If Yes, De Minimis Finding: Programmatic: Individual 4(f):

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?

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

FW-TENN 12(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Yes No Does the project affect any other resources not listed above? Explain below and list anticipated permits:

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