Categorical Exclusion Form (NEPA).pdf

EFLHD NEPA Categorical Exclusion Form

NP-BLRI PVT PRES FY23(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Name: National Park Service, Pavement Preservation for Blue Ridge Parkway, Mainline and Pull-offs in Virginia

Date: 3/28/2023

Project Number: NP-BLRI PVT PRES FY23(1)

Location (City, County, State):

Bedford, Botetourt, Floyd, Franklin, Patrick, Roanoke, and Rockbridge Counties, Virginia

CE Category 23 CFR 771.117 (c)(22): Projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way [...]

Project Description

This is a Blue Ridge Parkway (BLRI) Pavement Preservation project in Virginia from MP 27.2 to MP 37.5, MP 64.5 to MP 86.0, MP 89.0 to MP 97.0, MP 121.0 to MP 161.0, MP 163.0 to MP

168.0 and MP173.0 to MP 174.6 located in Bedford, Botetourt, Floyd, Franklin, Patrick, Roanoke, and Rockbridge Counties, VA along the mainline and at parallel pull-offs. MP 94.1 to MP 97, MP 121.0 to MP 161.0, MP 163.0 to MP 168.0, and MP 173.0 to MP 174.6 are not included in NP BLRI PVT PRES FY23(1) due to the lack of funding. Upon completion of this project, the new surface treatment is expected to extend the life of the pavement by 5 to 10 years.

The project will be split into several schedules. The project will be FY 2023 authorization and FY2024 award.

The intent of the project is to apply pavement preservation treatment using chip and fog seal, crack sealing, and patching (as needed) to extend the life of the mainline and parallel pull-offs along the Blue Ridge Parkway as possible within limited funding. Work will not include drainage repairs, shoulder work, sign replacements, or new guardrail installation.

Summary of Section 7 of the Endangered Species Act Compliance The projects were assessed and reviewed in accordance with the provisions of Section 7 of the Endangered Species Act (ESA) by National Park Service (NPS) representatives. On 07/19/16 it was determined that the projects will have No Effect on any federal or state listed species or their critical habitat. Consequently, no further coordination with the Fish and Wildlife Service (FWS) is required under Section 7 of the Endangered Species Act of 1973, as amended.

Summary of Section 106 of the National Historic Preservation Act Compliance The projects were assessed and reviewed on 06/14/16 in accordance with the provisions of the National Historic Preservation Act (NHPA). The project was found to meet all conditions for a streamlined review under section III of the 2008 Servicewide Programmatic Agreement for Section 106 compliance, which resulted in a No Adverse Effect determination. This fulfills the requirements under Section 106 of the National Historic Preservation Act of 1966, as amended.

Additional Agency Coordination and Compliance These projects are covered under an eleven-year parkwide programmatic CE (PEPC 65146) with annual verification (FY17-FY26), NPS CE: C.9. Repair, resurfacing, striping, installation of traffic control devices, repair/replacement of guardrails, etc., on existing roads.

Environmental Commitments and Mitigation Measures

• Erosion protection shall be installed on all park inlets during paving operations, if applicable.

• The contractor shall submit an accidental emulsion Spill Prevention and Response Plan prior to commencing work on park land.

• The only work that shall be allowed at night is removal of loose chips (i.e., brooming, vacuuming, etc.) and the only lighting shall be from the vehicle headlights.

• Disturbance shall be limited to open and previously disturbed areas. Any change to the scope of work that entails work outside of previously disturbed footprint shall require further review by natural resources staff.

• Although there is no surface evidence of archeological resources, clearance to proceed is recommended with the condition that if concealed archeological resources are encountered during project activities, all necessary steps will be taken to protect them and the Park Cultural Resources Manager will be notified immediately.

• Staging for equipment containing liquid emulsions shall be confined to paved parking areas with inlet protection.

• Leaking equipment shall immediately be removed from the job site and off of NPS land.

• Equipment shall be cleaned of emulsions, asphalt, or chips off of NPS land.

• Thin lift asphalt shall be applied, wherever practical and economically feasible.

• Staging and parking for vehicles, equipment and materials shall be confined to paved overlooks and parking areas. Other areas utilized shall be only as designated approved by the CO and local Resource Management Specialist. Overlooks that serve as trailhead parking may only have 1/2 of the total parking area closed to visitors at any one time.

• All debris generated by this project shall be removed from the park for legal and proper disposal.

• Soil and fill material must be weed-free and from a source approved by the park Natural Resource Management Specialist. Park NRMS must be given a two week notice to allow time to travel to inspect soil sources.

• To reduce noise and pollution emissions, construction equipment shall not idle any longer than is necessary for safety and/or mechanical reasons.

• To reduce the chance that harmful, non-native plants or organisms will be transported from off-park locations to the work site, the contractor, prior to entering the Park, shall clean all soils, roots, seeds, and other sources of plant parts and pathogens from any equipment used for the application of grasses and all heavy equipment, such as dump trucks, front end loader, and graders, which have previously been operating off the park.

• Construction vehicles/equipment shall enter the Blue Ridge Parkway at the point of access nearest the work site.

• If the scope of work changes as written in PEPC (i.e., Step 1-Project Description and Project Development Questions), Project Leader shall notify EPS immediately so that a determination can be made if the compliance completed is sufficient to cover any changes, or if additional mitigations are required.

Categorical Exclusion Recommendation:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I believe the projects should be categorically excluded from further NEPA analysis.

Ryan Kimberley 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 projects 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

Appendix A: Environmental Checklist

Section 7 of the Endangered Species Act:

• Are Federally-listed species present in the study area? ☒Yes,i ☐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 disturbance threshold likely be exceeded and require a permit and SWPPP?

☐Yes, see Notes for information regarding requirementsii ☒ No Is 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): ☐

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

• Was a Federal Consistency Review completed? ☐Yes ☒No

Right of Way:

• Is the project completely within Federal right-of-way/transportation facility? ☒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, review by river-administering agency is required.

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

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

None anticipated