Categorical Exclusion Form (NEPA).pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

NP SER PMS FY23(1)

Eastern Federal Lands Highway Division

NEPA Categorical Exclusion Form

Project Number: NP SER PMS FY23(1) Date: 8/17/2023

Project Name: Pavement Preservation of Roads and Parking

Areas in Gulf Island National Seashore

Location: Gulf Island National Seashore

Escambia County, FL

Santa Rosa County, FL

Jackson County, MS

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 [...]

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

Project Description

This project consists of the pavement preservation of the identified roadways including pull-off and parking areas. Work consists of pavement micro surfacing, thin-lift overlay, patching, pavement markings, and other miscellaneous work.

Environmental Commitments and Mitigation Measures

• A copy of a Traffic Management Plan shall be submitted for review and approval prior to the commencement of work activities. This plan shall address location of warning signs, type of signs, placement of flaggers, placement of cones/fencing, barricades, duration of anticipated delays, use of pilot cars, etc. This plan shall address vehicle and pedestrian traffic within the construction zone.

• Hard hats, safety vests, eye protection and other personal protective gear, as needed, shall be worn at all times when within the construction zone.

• A public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented. This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences

• Plan work in areas in or near suitable sensitive bird habitat as late as possible in the summer/fall. Planning for projects to start during the late breeding season will substantially reduce the potential for adverse impacts.

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(05)

• In circumstances when it is deemed necessary to conduct activities near sites known to support threatened or endangered species, such work will be performed in a way

(specified by the T&E Biologist) to minimize impacts to the listed species (e.g., working quietly on-site, and minimizing time in or near habitats en route to their work sites).

• Care will be taken not to disturb any wildlife species (reptiles, migratory birds, raptors, or bats) found nesting, hibernating, estivating, or otherwise living in, or immediately nearby, worksites.

• Minimize or avoid impacts to breeding birds.

• Exposed soil shall be seeded and mulched as soon as possible to prevent the establishment of invasive plants.

• Consult plant ecologist, as needed, to determine potential for exotic plant contamination and appropriate method for disposing of vegetation removed.

• In the event that human remains are discovered during maintenance activities, all work on the project must stop and the park archeologist contacted immediately. As required by law, the coroner will be notified first. All provisions outlined in the Native American

Graves Protection and Repatriation Act (1990) will be followed.

• Inadvertent Discovery: If during the progress of this project, if prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or human bone or any other physical remains that could be associated with Native America cultures or early colonial or American settlement, are encountered at any time within the project area, the project shall cease all activities involving subsurface ground disturbance in the immediate vicinity of such discoveries and contact NPS S&RM staff, who will contact NPS archaeologists at the Southeast Archaeological Center (SEAC), and the State Historic Preservation Office (SHPO).

Summary of Section 7 of the Endangered Species Act Compliance

In the NPS CE dated 08/29/2022 it was determined that the Proposed Action will not have any significant impacts on species listed, or proposed to be listed, on the List of Endangered or

Threatened Species, or have significant impacts on designated Critical Habitat for these species.

These species include:

• Perdido Key Beach Mouse (Peromuscus polionotus trissyllepsis)

• West Indian Manatee (Trichechus manatus)

• Eastern Black Rail (Lateralus jamaicensis ssp. Jamaicensis)

• Piping Plover (Charadrius melodus)

• Red Knot (Calidris canutus rufa)

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

• Alabama Red-bellied Turtle (Pseudemys alabamensis)

• Alligator Snapping Turtle (Macrochelys temminckii)

• Eastern Indigo Snake (Drymarchon couperi)

• Gopher Tortoise (Gopherus polyphemus)

• Green Sea Turtle (Chelonia mydas)

• Hawksbill Sea Turtle (Eretmochelys imbricata)

• Kemp's Ridley Sea Turtle (Lepidochelys kempii)

• Leatherback Sea Turtle (Dermochelys coriacea)

• Loggerhead Sea Turtle (Caretta caretta)

• Reticulated Flatwoods Salamander (Ambystoma bishopi)

• Gulf Sturgeon (Acipenser oxyrinchus (=oxyrhynchus) desotoi)

• Monarch Butterfly (Danaus plexippus)

• Louisiana Quillwort (Isoetes louisianensis)

Summary of Section 106 of the National Historic Preservation Act Compliance

In the NPS CE dated 08/29/2022 it was determined that the Proposed Action will not have any adverse impacts to properties listed, or eligible for listing, on the National Register of Historic

Places as determined by either the bureau or office.

Additional Agency Coordination and Compliance

No additional agency coordination is required.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

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.

____________________________________ _08/17/2023__

Stephanie Dawson

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(05)

Appendix A: Environmental Checklist

Section 7 of the Endangered Species Act:

• Are Federally-listed species potentially present in the study area? ☐Yes, see Notes0F 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 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): ☐

Section 6(f) of the Land and Water Conservation Fund:

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

• 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

Greenhouse Gas Emissions and Climate Change

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

• Have greenhouse gas (GHG) emissions and climate change considerations been integrated into the planning, design, acquisition and/or construction processes? ☐Yes ☐No Comments:

• Have GHG emissions or reductions been quantified for the expected lifetime of the action?

☐Yes ☐No Comments:

• Does the project consider biogenic carbon dioxide sources, carbon stock, and the project’s overall carbon footprint? ☐Yes ☐No Comments:

• Does the project include resilience and adaptation measures to address climate change?

☐Yes ☐No Comments:

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:

• Perdido Key Beach Mouse (Peromuscus polionotus trissyllepsis)

• West Indian Manatee (Trichechus manatus)

• Eastern Black Rail (Lateralus jamaicensis ssp. Jamaicensis)

• Piping Plover (Charadrius melodus)

• Red Knot (Calidris canutus rufa)

• Alabama Red-bellied Turtle (Pseudemys alabamensis)

• Alligator Snapping Turtle (Macrochelys temminckii)

• Eastern Indigo Snake (Drymarchon couperi)

• Gopher Tortoise (Gopherus polyphemus)

• Green Sea Turtle (Chelonia mydas)

• Hawksbill Sea Turtle (Eretmochelys imbricata)

• Kemp's Ridley Sea Turtle (Lepidochelys kempii)

• Leatherback Sea Turtle (Dermochelys coriacea)

• Loggerhead Sea Turtle (Caretta caretta)

• Reticulated Flatwoods Salamander (Ambystoma bishopi)

• Gulf Sturgeon (Acipenser oxyrinchus (=oxyrhynchus) desotoi)

• Monarch Butterfly (Danaus plexippus)

• Louisiana Quillwort (Isoetes louisianensis)