Categorical Exclusion Form (NEPA).pdf

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

NP SER PMS 24(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP SER PMS 24(1) Date: 2/14/2024

Project Name: Apply a pavement preservation treatment to 4.5 miles which includes the roadway and turnout vistas pavement.

Location: Canaveral National Seashore Volusia, FL

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

Apply a pavement preservation treatment to 4.5 miles which includes the roadway and turnout vistas pavement. The Project is located in Canaveral National Seashore in the Playalinda District, Playalinda Beach Access Road, PD Playalinda Entrance Parking, PD Ranger Station Parking Lot, PD Contact Station RV Pullout, PD Vista #1, PD Vista #2, PD Vista #3, PD Vista #4, PD Vista #5, PD Vista #7, and PD Vista #8. Appropriate center line striping, pavement markings and vehicle parking stalls markings will be applied as part of the project.

This project is located in the Apollo District (AD) and Playalinda (PD) of Canaveral National Seashore. The project includes a pavement preservation treatment to 2.11 miles of bituminous pavement on Eldora Loop Road and four associated parking lots. The work will include application of thermal, striping to originally striped pavement areas and replacement all vehicle wheel stops made with sustainable recycled material. The project includes identification of required accessible parking to meet ADA/Universal Design law and delineated with appropriate signage and pavement markings. Replace informational and regulatory signs using the CANA double post design for additional stability during high winds. The project locations include AD Eldora Loop Road, location # 60781, AD Parking Lot #7, location # 60794, AD Parking Lot #8, location # 60795and AD Parking Lot #9, location # 60796, 60780 AD Apollo Beach Road (RT 0013), AD Parking Lot 1 (RT 0931), AD Parking Lot 2 (RT 0932), AD Parking Lot 3 (RT 0933), EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(03)

AD Parking Lot 4 (RT 0934), AD Parking Lot 5 (RT 0935), AD Turtle Mound Parking Lot (RT 0941), and AD Boat Launch Parking Lot (RT 0940).

The project will include appropriate line and symbol markings for visitor access, crosswalks and other restricted or specifically marked areas as identified by the park. Project will include regular parking spaces and accessible spaces and bus/trailer parking spaces will be over laid with 2 inches of bituminous pavement. All vehicle wheel stops in parking lots will be removed prior to pavement repairs and resurfacing. Appropriate new wheels stops made of concrete will be installed. The work will include the identification of required accessible parking spaces and include appropriate striping, symbols and signage. All informational and regulatory signs and poles will be replaced according to National Park Service guidelines and according to the CANA park standard double post design. All work will conform to environmental requirements, and law and appropriate permits will be required during the project to protect the sensitive nature of the seashore environment.

Environmental Commitments and Mitigation Measures Prior to implementing project, project plans will be reviewed by Canaveral National Seashore resource management staff. Where required, surveys for gopher tortoise burrows will be carried out and any existing burrows will be flagged for avoidance by resource management staff.

Staging of materials and operation of equipment must be restricted to previously disturbed areas.

Removal of vegetation not authorized without review and approval by Canaveral NS resource management staff.

If native wildlife (gopher tortoise, etc) is present in the work area, all work will stop and individuals will be allowed to leave the work area undisturbed prior to restarting work. Moving or otherwise disturbing wildlife is not authorized.

To reduce the potential for introduction of non-native species, all equipment will be clean and free of visible debris (mud, plant materials, etc) prior to entering Canaveral National Seashore.

Summary of Section 7 of the Endangered Species Act Compliance The U.S. Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA)’s National Marine Fisheries Service (NMFS) reviewed the Project and the corresponding biological evaluation form for compliance with Section 7 of the ESA. The USFWS and NMFS concurred that the best management practices (BMPs) and mitigation measures would be sufficient to avoid, minimize or offset impacts to protected species such that there would be No Effect to them, and no additional conservation recommendations were

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(03) required (Memorandums dated June 1, 2015 and August 14, 2015, respectively). The project was also reviewed for impacts to bald eagles and migratory birds in accordance with the Bald and Golden Eagle Protection Act (BGEPA) of 1940 and the Migratory Bird Treaty Act (MBTA) of 1918, and determined take would be avoided. Coordination with NMFS Southeast Regional Office (SERO)’s Protected Resources Division resulting in a determination that this project does not require authorization under the Marine Mammal Protection Act (MMPA).

Summary of Section 106 of the National Historic Preservation Act Compliance The site is unlikely to be impacted due to its distance from the road. In a letter August 12, 2019, NPS requested concurrence from the Florida Historic Preservation Office (SHPO) with the determination that the undertaking will have no adverse effect on eligible or listed historic properties. In a letter dated November 4, 2019, the SHPO concurred that site eligibility determinations and the recommendation for archeological monitoring during construction.

Additional Agency Coordination and Compliance

Consultation with NOAA NMFS pursuant to the Magnuson-Stevens Fishery Conservation and Management Act was conducted for potential impacts to essential fish habitat (EFH). NOAA NMFS concurred that the overall effects of the project on EFH would be minimal.

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

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.

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(03)

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(03)

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(03)

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

i West Indian manatee (Trichechus manatus), Mississippi sandhill crane (Grus Canadensis pulla), piping plover (Charadrius melodus), wood stork (Mycteria Americana), Alabama red-bellied turtle (Pseudemys alabamensis), green (Chelonia mydas), Kemp’s ridley (Lepidochelys kempi), leatherback (Dermochlys coriacea), and loggerhead (Caretta caretta) sea turtles, black pine snake (Pituophis melanoleucus ssp. Lodingi), gopher tortoise (Gopherus polyphemus), Gulf sturgeon (Acipenser oxyrhynchus desotois), Louisiana quillwort (Isoetes louisianensis).