Categorical Exclusion Form (NEPA).pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) TN NP GRSM 21(1), PEPC Project 109201, PMIS No. 157345

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: TN NP GRSM 21(1), PEPC Project 109201, PMIS No. 157345

Date: 7/18/2022

Project Name: Rehabilitation of Cosby Entrance Road and Cosby Picnic Area Road

Location: Great Smoky Mountains National Park Near Gatlinburg, Cocke County, 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)[..]

National Park Service Categorical Exclusions:

3.3.C.8. 3.3.C.8 Replacement in kind of minor structures and facilities with little or no change in location

C.4 Routine maintenance and repairs to cultural resource sites, structures, utilities and grounds under an approved Historic Structures Preservation Guide or Cyclic Maintenance Guide; or if the action would not adversely affect the cultural resource.

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

Project Description Work would include rehabilitating the asphalt concrete pavement of Cosby Entrance Road, Cosby Picnic Area Road, Cosby Government Quarters / Ranger Station Access Road, parking areas, and pull offs; reconstructing curb and sidewalk in the parking areas, drainage repairs, shoulder reconditioning, ditch reconditioning, replacing permanent signs, placing permanent pavement markings, turf establishment, and other miscellaneous work. Work would also include replacing Rock Creek Culvert (Structure No. 5460-186P).

The Rock Creek Culvert consists of two steel arch culverts each 13' in width and 30' in length.

These culverts were installed in the 1970s and need replacement. The concrete footing on which 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) the culverts bare significant scour, the steel barrels are rusted, the bituminous coating has deteriorated, and the culverts are undersized to handle the flow during high water events.

This project would replace the double barrel culvert with a single span bituminous coated steel arch plate culvert no less than 30' in width. The new arch plate culvert will be placed on concrete foundations and the new capacity of water will be almost triple the volume of water the existing culverts can accommodate. New stone masonry headwalls would be constructed on either end of the culvert.

Environmental Commitments and Mitigation Measures Tree Removal and Bats: When removing large trees (greater than 5 inches DBH) that have characteristics for summer bat roosts (i.e., dead trees with exfoliating bark, tree cavities, and crevices) then follow the decision process: 1). Remove potential roost trees only between Nov 15 and March 31 or 2). Have a qualified individual observe for bats existing in the trees for 30 minutes before and after sunset. If bats are not observed, the tree may be cut the following morning. If bats are observed, do not cut tree and resurvey tree at a later date.

Summary of Section 7 of the Endangered Species Act Compliance Listed species for Sevier County, Tennessee includes the Gray Bat (Endangered), Indiana Bat (Endangered), Northern Long Eared Bat (Threatened) and the candidate species, Monarch Butterfly. There is no designated critical habitat for listed species within or near the project area.

The action area does not contain suited habitat for the listed species. Rehabilitation of existing pavement will not require the removal of trees. For the Rock Creek Culvert replacement, tree removal will follow the environmental commitment above. Therefore, the project will have no effect to listed species.

Summary of Section 106 of the National Historic Preservation Act Compliance The project’s actions would not affect the characteristics that qualify the historic properties near/in the area of potential effects eligible for listing on the National Register of Historic Places.

No historic properties will be affected by the proposed action.

Additional Agency Coordination and Compliance An NPDES permit is anticipated (total disturbed area 8.75 acres). A Section 404 Permit and a Section 401 Water Quality Certification are required / anticipated for the replacement of the Rock Creek Culvert.

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.

____________________________________ __July 18, 2022__ 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

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

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)

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

An NPDES permit is anticipated, as well as a Section 404 Clean Water Act Permit and a 401 Water Quality Certification.

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