Categorical Exclusion Form (NEPA).pdf

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

NP COLO 1C14 1D48 1E15 FY22

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP COLO 1C14 1D48 1E15 FY22 Date: 7/25/2023

Project Name: Repair and Rehabilitation of 8 bridges on the Jamestown Loop in the Colonial National Historical Park

Location: National Park Service Colonial National Historical Park James City County, Virginia

CE Category FHWA: 23 CFR 771.117(c)(28): Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings if the actions meet the constraints in paragraph (e) of this section.

NPS: CE Citation: C.9 Repair, resurfacing, striping, installation of traffic control devices, repair/replacement of guardrails, etc., on existing roads.

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

Project Description The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), in cooperation with the National Park Service will deliver the following project at the Colonial National Historical Park (the Park) in James City County, Virginia. This project is for the repair and rehabilitation of the 8 bridges listed below, which are located on the Colonial Parkway (the Parkway) and the Jamestown Loop in the Colonial National Historical Park. The project is currently programmed for construction funding in FY 22 & 23. These bridges were last inspected in July 2021 and were all rated in fair to good condition overall.

• College Creek Bridge (4290-023P). Single-span steel multi-girder structure. The bridge deck has minor cracking and the joint material shows signs of deterioration. There is delamination and spalling at abutments, bearing seats, and grout pads. Minor corrosion appears on the steel superstructure. There is a sign missing at the North abutment.

• Mill Creek Bridge (4290-024P). Single-span steel multi-girder structure. There is minor cracking on the bridge deck and cracking and delamination on the deck underside. There is delamination and spalling at abutments, bearing seats, grout pads, curbs, and railing. The joint material is deteriorated. The steel superstructure has minor corrosion.

• Powhatan Creek Bridge (4290-025P). Thirty-six span concrete slab structure. On the surface, there is 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) deterioration of joint material with associated curb cracking. The deck underside has minor cracking and delamination. There is minor delamination and spalling at abutments, bent caps, and some piles. Previously repaired concrete is cracking or delaminated.

• Isthmus Bridge (4290-026P). Single-span steel multi-girder structure. There is minor cracking and delamination on the bridge deck and deck underside. The bridge joint material is deteriorating. Minor corrosion appears on the steel superstructure. There is delamination and spalling at abutments, including bearing seats and grout pads. A utility conduit under bridge deck and along bridge fascia is damaged.

• Pitch and Tar Bridge (4290-028P). Six-span timber multi-girder structure. There are deteriorated areas on the timber deck and curbs for the length of the bridge. A steel plate was recently installed to cover the largest deteriorated area of the deck. The ride quality for cyclists is poor.

• Blacks Point Bridge, (4290-029P). Twenty-four span timber multi-girder structure. Minor to moderate deterioration appear on all timber elements including deck and curbs. The ride quality for cyclists is poor within these deteriorated areas.

• Long Bridge (4290-031P). Forty-one span timber multi-girder structure. Minor to moderate deterioration appear on all timber elements including deck and curbs. The ride quality for cyclists is poor within these deteriorated areas. Some beams have shifted and do not fully bear on the bent caps. At Bent #36 there are missing nuts at Beam #8 splice connection. Beam #7 is not bearing on Bent #36 and cap is splintered.

• Jamestown Visitor Center Pedestrian Bridge (4290-039T). Seventy-one span multi-girder structure. There is collision damage from errant vehicle. ** July 5, 2023 – Pedestrian Bridge is no longer part of this project. **

Environmental Commitments and Mitigation Measures Blacks Point Bridge: Removal of trees/shrubs near west abutment shall occur between November 15 through March 31.

Turtle crossing mitigations:

(a) Turtles may be present in the project area. Avoid injuring turtles within the work areas or crossing the road. Advise project personnel about the potential presence of turtles and instruct them on applicable avoidance measures. Between March 15 and August 31, perform the following:

(1) Search all areas of expected disturbance for the presence of turtles prior to installing erosion and sediment control devices.

(2) Before activities commence each workday, ensure that there are no turtles within the staging or work areas. If turtles are found, immediately stop work and notify the CO. Do not disturb the turtles or resume work at that site until the turtles move out of the area on their own. Activities may continue at other work sites where no turtles have been found.

(3) Operate vehicles traveling on Island Drive at speeds not exceeding 10 miles per hour. Monitor for turtles ahead of the vehicles. Submit the proposed monitoring

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05) method to the CO for approval at least 7 days before beginning operations on the bridges located on Island Drive. Relocate turtles found crossing the road at least 5 feet off the pavement on the side they were going to when found and facing in the direction they were headed.

b) Turtle Time-of-year restriction: Nesting and hatching is late March – Mid-July. Turtle migration is in late March – Early-July and in August.

The contractor will have the option to work inside these time-of-year restrictions, by agreeing to the following: walk ahead of construction vehicles and monitor continually for turtles. Vehicles are to travel at very low speeds (less than 10 mph).

c) The Loop bridges and COLO bridges can be worked on simultaneously.

d) Migratory Birds: Avoid vegetation clearing from April 1 – July 31 to avoid take of species protected under the Migratory Bird Treaty Act and state listed threatened and endangered bird species. If vegetation must be cleared within this window, conduct bird nesting surveys prior to the removal of vegetation.

Summary of Section 7 of the Endangered Species Act Compliance

USFWS listed species in James City County, Virginia, include: Northern Long Eared Bat (NLEB)(Endangered), Sensitive Joint Vetch (Threatened) and Monarch Butterfly (Candidate).

For NLEB, the FHWA EFL used the programmatic BO for transportation projects. On June 21, 2023, the US FWS concurred with the FHWA’s EFL’s determination of no effect to NLEB. The National Park Service has monitored Colonial National Historical Park for populations or individual Sensitive Joint Vetch plants. The last formal study was in 2010. No individual plants were found. At this time, the NPS has no plans to recover the species (because of changing water elevations and salinity). There is no suited habitat for Sensitive Joint Vetch near/in the bridge project site areas. Therefore, the project will have no effect to Sensitive Joint Vetch. The project will not impact any suited habitat for the Monarch Butterfly. Therefore, the project will have no effect to the candidate Monarch butterfly. There is no designated critical habitat within the project area for the USFWS listed species.

NMFS listed species in the action area include: Atlantic Sturgeon (Endangered) and shortnose sturgeon (Endangered). FHWA used the FHWA Greater Atlantic Regional Field Office Not Likely to Adversely Affect Program Verification process with NOAA, National Marine Fisheries Service for routine, non-controversial projects. The Isthmus Cr. Br. is in or near Designated Critical Habitat for Atlantic sturgeon. On June 20, 2023, the NOAA concurred with the FHWA’s

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

EFL’s determination of effects. The proposed project may affect, but is not likely to adversely affect, Atlantic Sturgeon and shortnose sturgeon. NMFS did not add conditions to the project.

Summary of Section 106 of the National Historic Preservation Act Compliance The proposed rehabilitation and maintenance work will not alter the characteristics that qualify the bridges as historic properties. The bridges will be repaired in-kind with like materials. The National Park Service utilized their programmatic agreement with the Virginia Department of Historic Resources to make the determination that the proposed project would have no adverse effect to historic properties. Furthermore, the three (3) wooden bridges (Pitch & Tar Br., Blacks Pt. Br. and Long Br.) were replaced in 2000 and are non-contributing features.

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.

____________________________________ _____7/25/2023__ Nicholle Braspennickx 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 Eastern Federal Lands Highway Division 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 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): ☐ Section 6(f) of the Land and Water Conservation Fund:

• Was the property purchased with grant funds from the Land and Water Conservation Fund?

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

☐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

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

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

Permits required for project include the U.S. Army Corps of Engineers: Section 404 Clean Water Act, and Section 10 Rivers and Harbor Act permits. VA Dept. of Environmental Quality (VA DEQ): Section 401 Water Quality Certification. Virginia Marine Resources Commission: Tidal wetland and waterway permit.

Local Wetlands Board permit for any wetland impacts. An erosion and sediment control permit may be needed from VA DEQ.

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