Categorical Exclusion Form (NEPA).pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) NP CATO 10(5), 11(2), etc

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP CATO 10(5), 11(2), etc Date: 11/3/2022

Project Name: Roadway reconstruction and resurfacing of Foxville-Deerfield Road (Route 11) and Park Central Road (Route 10)

Location: Catoctin Mountain Park- National Park Service Frederick County, MD

CE Category 23 CFR 771.117(c)(22): Projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way [...]

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

Project Description Catoctin Mountain Park is a 5,120 acre unit of the National Park Service located in the Blue Ridge Mountains. The park provides recreational opportunities, including hiking, camping, picnicking and fishing. Park facilities were originally developed during the 1930�s by the Works Progress Administration and the Civilian Conservation Corp. The rustic features and designed landscapes are an important component of the park�s historic character. The purpose of the project is to rehabilitate two of the park�s primary access roads while preserving their rustic character and avoiding impacts to adjacent natural resources.

Project activities include full depth roadway reconstruction, pavement mill-and-overlay, minor drainage improvements, guardrail replacement, pavement marking, sign installation, and other minor work. The project will not require tree removal or wetland/stream impacts. Vegetation impacts will be limited to the existing maintained roadway shoulders. Turf (grass) will be reestablished in these areas. No significant temporary or permanent impacts to wildlife or other natural resources would occur. The project would have no adverse effect on historic resources.

Park visitors would be temporarily inconvenienced by lane closures during construction, but the improvements would provide long-term beneficial impacts to visitor experience.

Environmental Commitments and Mitigation Measures

Best management practices will be used to control sediment and prevent erosion. Erosion and sediment control measures include the use of silt fence, fiber roll, inlet protection, outlet protection, vegetative stabilization, and fugitive dust abatement.

The project scope has been tailored to avoid impacts to threatened, endangered, and

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) NP CATO 10(5), 11(2), etc

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form candidate species subject to protection under Section 7 of the Endangered Species Act.

Free-standing fencing will be erected to protect the charcoal hearth and associated archaeological deposits near Station 333+00.

Archaeological monitoring will be conducted during ground disturbing activities near the charcoal hearth (Station 333 + 00) and the historic culvert that will be replaced at 205 +49.

The historic culvert will be replaced in a manner that meets Secretary of the Interior Standards by retaining its character defining feature, a stacked stone apron.

Summary of Section 7 of the Endangered Species Act Compliance FHWA obtained an official species list from the US Fish and Wildlife Service (USFWS) Information for Planning and Conservation website (IPaC) on 4/26/2022 (Project Code: 2022- 0035989). The list contained the following species:

� Indiana Bat, Myotis sodalist (endangered) � Northern Long-eared Bat, Myotis septentrionalis (proposed endangered) � Monarch Butterfly, Danaus plexippus (candidate)

The FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat was used and resulted in a no effect determination. On May 19, 2022, a consistency letter was automatically generated by the USFWS Chesapeake Bay Field Office confirming that no consultation or conservation measures are required based on the project scope.

The Monarch Butterfly is a candidate species and is not subject to consultation under Section 7 of the Endangered Species Act. It is possible that the Monarch Butterfly could be listed as a proposed, threatened, or endangered species prior to completion of this project; therefore, FHWA is providing an assessment of suitable habitat and a determination of effect. The project area, which includes the developed roadway surface and adjacent maintained shoulders/ditches, does not contain suitable habitat for the Monarch Butterfly and the project would have no effect on the species

Summary of Section 106 of the National Historic Preservation Act Compliance The two roads are contributing features to the Catoctin Mountain Park Historic District. The project scope, which originally included lane widening, was reduced to avoid adverse impacts to the historic district. An archaeological and architectural resource survey was conducted for the project. Historic sites and features within and adjacent to the project area will be protected as described in the Mitigation Measures section above, and in the attached correspondence between the National Park Service and the Maryland Historical Trust, which serves as the State Historic Preservation Office (SHPO) in the state of Maryland. Project information, including the historic resource survey report, were submitted to the SHPO in February 2022. After advance design

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) NP CATO 10(5), 11(2), etc

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form was completed, which included the protective measures for the archaeological site and approved design for the historic culvert, NPS completed their assessment of effect. In a letter dated October 4, 2022, NPS requested SHPO concurrence with a determination of �no adverse effect�.

On October 27, 2022, the SHPO concurred with the NPS assessment. NPS prepared an Assessment of Actions Having an Effect on Historic Properties. The document is associated with NPS PEPC ID 102006.

Additional Agency Coordination and Compliance Coordination with the Maryland Department of the Environment has been ongoing throughout the design process. The erosion control plans and stormwater management plans have received intermediate approval. No permit from the US Army Corp of Engineers is required.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) NP CATO 10(5), 11(2), etc

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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.

Ryan Kimberley Environmental Protection Specialist Eastern Federal Lands Highway Division 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(04) NP CATO 10(5), 11(2), etc

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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(04) NP CATO 10(5), 11(2), etc

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

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

List anticipated permits:

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) NP CATO 10(5), 11(2), etc

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

- MDE ESC and SWM review

- MDE National Pollutant Discharge Elimination System Permit

Subject: Endangered Species Act, Section 7

No Effect Determination

NP-CATO 10(5), 11(2)

Date: 5/19/2022

From: Ryan Kimberley

Environmental Protection Specialist Eastern Federal Lands Highway Division

To: File

The project includes the resurfacing of Park Central Road (3.7 miles) and Foxville- Deerfield Road (1.86 miles) in the National Park Service managed Catoctin Mountain Park, Thurmont, MD. Minor drainage improvements, striping, sign installation, and other rehabilitation activities are included. Project impacts are minimal. No tree cutting or night work is proposed.

FHWA obtained an official species list from the US Fish and Wildlife Service (USFWS) Information for Planning and Conservation website (IPaC) on 4/26/2022 (Project Code: 2022-0035989). The list contained the following species:

Indiana Bat, Myotis sodalist (endangered) Northern Long-eared Bat, Myotis septentrionalis (proposed endangered) Monarch Butterfly, Danaus plexippus (candidate)

The FHWA, FRA, FTA Programmatic Biological Opinion for Transportation Projects within the Range of the Indiana Bat and Northern Long-eared Bat was used and resulted in a no effect determination. On May 19, 2022, a consistency letter was automatically generated by the USFWS Chesapeake Bay Field Office confirming that no consultation or conservation measures are required based on the project scope.

The Monarch Butterfly is a candidate species and is not subject to consultation under Section 7 of the Endangered Species Act. It is possible that the Monarch Butterfly could be listed as a proposed, threatened, or endangered species prior to completion of this project; therefore, FHWA is providing an assessment of suitable habitat and a determination of effect. The project area, which includes the developed roadway surface and adjacent maintained shoulders/ditches, does not contain suitable habitat for the Monarch Butterfly and the project would have no effect on the species.

ATTACHMENTS:

OFFICIAL SPECIES LIST (USFWS)

NLEB/INDIANA BAT CONSISTENCY LETTER (USFWS)

National Park Service U.S. Department of the Interior