Categorical Exclusion Form (NEPA).pdf

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

LA FW LAOP 10(5)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: LA FW LAOP 10(5) Date: 12/28/2022

Project Name: Lake Long Road, and Third Crossing Road, Gravel Overlay Lake Ophelia National Wildlife Refuge (NWR)

Location: U.S. Fish and Wildlife Lake Ophelia NWR Avoyelles Parish, Louisiana

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 Project LA FW LAOP 10(5) consists of the rehabilitation of 10.02 miles of Lake Long Road (Rte. 010) and 1.05 miles of 3rd Crossing Road (Rte. 105, School Board Road) in the Lake Ophelia National Wildlife Refuge (NWR), in Avoyelles Parish, Louisiana. The project will include placing aggregate surface course, reconditioning ditches, cleaning existing culverts, installing new culverts, replacing signage, and other miscellaneous work. The rehabilitation of 3rd Crossing Road will also include full-depth reclamation with cement.

Lake Long Road is a two-lane, two-way gravel road with 10-13’ lane widths and little to no shoulders. Third Crossing Road is a 12’ wide, one-lane, two-way road used as an administrative maintenance driveway and as an access road to an ATV trail. Lake Long Road is impassable in the winter months from flooding/overtopping. Recommended improvements to reduce the frequency of flooding/overtopping include replacing the existing 6” culverts with 18” culverts and installing new culverts spaced 250’ on centers to increase capacity of flow under the road.

The primary objective of this project to improve the ride quality and extend the pavement life of Lake Long Road and 3rd Crossing Road. Lake Long Road is the only access road to the NWR.

There is a high volume of traffic on Lake Long Road, contributing to the erosion and dust control 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) issues. The pavements of both roadways exhibit significant rutting and potholing. Inaction will result in the continued deterioration of the pavements and could result in the need for total reconstruction of the roadways. The addition of 8 to 12 inches of gravel will extend the life of the roads, expand access to existing trails, and enhance safety for the visiting public.

Environmental Commitments and Mitigation Measures

• Construction activities are prohibited during winter months because of flooding and roadway overtopping.

• Work will be performed on weekdays during daylight hours between June and

September.

• To prevent dust plumes during construction, the contractor will need to use water truck(s) and spray the construction sites daily.

• Hauling and heavy vehicle access to the NWR must be from the west using LA-452 onto

Lake Long Road. The contractor will not be allowed to haul materials to the project site from the east.

• USFWS has a specific request to use 610 limestone as aggregate surface and will provide specific requirements including sourcing of material, stone quarries, specifications, and mode of hauling (trucking vs. barging).

Summary of Section 7 of the Endangered Species Act Compliance The U.S. Fish and Wildlife Service (FWS) has primacy over the implementation of the Endangered Species Act (ESA). In their October 25, 2021, Intra-Service ESA biological evaluation, the (FWS) determined the proposed rehabilitation and reclamation projects are not likely to adversely affect listed species in/near the project sites. Listed species include the Northern Long Eared Bat (Endangered), Pallid Sturgeon (Endangered), Red-cockaded woodpecker (Endangered), Monarch butterfly (Candidate) and Whopping crane (Experimental/non-essential).

Northern Long Eared Bat has a large range in the eastern and north-central United States and much of southern Canada; they are most abundant in the northern part of the range, but relatively rare elsewhere. Northern long-eared bats spend winter hibernating in caves and mines that exhibit constant temperatures, high humidity, and no air currents. Within hibernacula, they most often inhabit small crevices or cracks, often with only the nose and ears

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) visible. During the summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live trees and dead snags. Males and non-reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds. Significant recent declines associated with rapidly spreading white-nose syndrome have occurred in eastern North America, and some habitat has been lost, degraded, or fragmented, primarily through the disturbance of hibernacula and land development. Acoustic Bat Surveys are done every summer and no Northern long-eared bats have been detected in the Lake Ophelia NWR.

Pallid Sturgeon – This fish species is native to the Missouri and Mississippi rivers and adapted to the pre-development habitat conditions that historically existed in these rivers. Pallid Sturgeon has been documented in the Red River at the Old River Lock Structure - 10 miles downstream from Lake Ophelia NWR. The refuge’s road maintenance activities are not likely to adversely affect this aquatic species.

Red-cockaded woodpecker – There is no documented/known occurrence of Red-Cockaded Woodpeckers on the NWR and no available/suitable habitat to support this species.

Monarch Butterfly – the proposed construction and rehabilitation work will not alter suited habitat for the species.

Whooping Crane - This transient species would likely only occur in wet, open-field habitats during fall and winter. The proposed construction and rehabilitation work will not alter suited habitat for the species.

Summary of Section 106 of the National Historic Preservation Act Compliance On November 8, 2021, the Louisiana State Historic Preservation Officer determined the proposed undertaking will have no adverse effect on historic properties. An archeological survey is not warranted.

Additional Agency Coordination and Compliance N/A

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.

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

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:

• 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

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

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

If a barge is used to transport material to the site, and/or if new culverts are installed, and/or the road widened slightly into a water of the U.S., a permit may be needed from the U.S. Army Corps of Engineers, New Orleans District, and the Louisiana Department of Environmental Quality.

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