Categorical Exclusion Form (NEPA).pdf

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

MS VICK 2020-1 (2)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: MS VICK 2020-1 (2) Date: 4/25/2024

Project Name: MS VICK 2020-1 (2)

Location: Vicksburg National Military Park, National Park Service Vicksburg, MS

CE Category 23 CFR 771.117(c)(25): Environmental restoration and pollution abatement actions to minimize or mitigate the impacts of any existing transportation facility [...]

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 Vicksburg National Military Park, in Vicksburg, MS.

This project includes slide repairs at Grant Ave. and Union Ave. and pavement reconstruction at South Cemetery Road. The work includes pavement reconstruction, Load Transfer Platform (L TP) with mechanically compacted aggregate columns (rammed aggregate piers), roadway excavation and embankment construction, Reinforced Soil Slope (RSS), drilled shafts, gabion baskets, paved waterway, riprap & curb installation, guardrail, and other miscellaneous work.

Soil disturbing activities include clearing and grubbing, slide repairs and roadway reconstruction work. The total disturbed area for the project is approximately 2.162 acres. The receiving water is Yazoo and Mississippi Rivers. No new impervious surface will be created. The Runoff Coefficient prior to construction is 0.25. The Runoff Coefficient after construction will be 0.25.

Environmental Commitments and Mitigation Measures Ensure trees meeting the 3” DBH are inspected by biologist prior to tree trimming activities given that Mississippi does not have an Inactive Season regarding being within or outside of the swarming and staging areas when considering the Northern Long -eared Bat (NLEB) (Myotis Septentrionalis). If an Alligator Snapping Turtle (Macrochelys temminckii) is encountered during 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) construction activities, halt activities and coordinate with local park resources to relocate the species. If this action is taken, notification must be provided to FHWA for proper reporting.

Summary of Section 7 of the Endangered Species Act Compliance FHWA obtained an official species list of threatened and endangered species through the USFWS Information for Planning and Consultation (IPaC) system on 04/10/2024. The following species have the potential to occur in the project vicinity: Northern Long-eared Bat (Myotis septentrionalis), Tricolored Bat (Perimyotis subflavus), and the Alligator Snapping Turtle (Macrochelys temminckii.

FHWA concurred with the USFWS (IPaC) Self-determination of may affect, not likely to adversely affect to threatened or endangered species in a memo to file on 04/10/2024. FWHA waited the required 15-day period for correspondence from USFWS to provide further direction. No correspondence disagreeing with this determination was received by 04/25/2024.

Summary of Section 106 of the National Historic Preservation Act Compliance The NPS requested concurrence from the Mississippi State Historic Preservation Office (SHPO) in conjunction with Mississippi Department of History and Achieves (MDAH) and found that the proposed project would have no adverse effect. The NPS provided CE NEPA documentation PEPC #120932. Assessment provided signed and dated 04/08/2024. In addition, A Letter of Compliance was received dated 04/09/2024.

Additional Agency Coordination and Compliance Land disturbing activities will be conducted under Mississippi Department of Environmental Quality’s Small Construction Stormwater General Permit as a non-notify General Permit. As a condition of this permit, the Small Construction Notice of Intent (SCNOI) and compliant Stormwater Pollution Prevention Plan(SWPPP) documentation must be present and maintained onsite throughout construction. Mississippi Department of Environmental Quality has to the right to review the site at any point during construction. Please see the Small Construction Stormwater General Permit on file for further details and a copy of this form.

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.

Trenton Craig 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:

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