Categorical Exclusion Form (NEPA).pdf

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

NP-GUIS 15(4)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP-GUIS 15(4) Date: 1/2/2024

Project Name: Reconstruction of the Entrance of Park Road, Construction of Paved Shoulders, and Replacement of the Culvert at East Stark Bayou

Location: Gulf Islands National Seashore Jackson County, Mississippi

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 Park Road is a two-lane asphalt road, with two 11-foot lanes and no shoulders, located in the Davis Bayou Area of the Gulf lslands National Seashore. Park Road provides access to the William M. Colmer Visitor Center and is utilized by day users, overnight campers, and commuters as a walking, jogging, bicycling, and motor vehicle traffic route. Pedestrians and bicyclists using the road have limited space to maneuver to avoid approaching motorists, as there is little-to-no shoulder space. The purpose of this project is to provide safe areas adjacent to the road for pedestrian and bicycle use and improve the hydrologic connectivity of the East Stark Bayou at the Park Road causeway culvert.

The project will reconstruct Park Road at Stark Bayou, widen Park Road to add 5-foot paved shoulders, replace the existing guardrail, provide new signage and striping, extend existing culverts, replace the culvert at East Stark Bayou, construct a new boardwalk across East Stark Bayou, and other miscellaneous improvements (including relocation of utilities).

Environmental Commitments and Mitigation Measures Archeological monitoring will be conducted during construction in the vicinity of the Civilian Conservation Corps Training Camp site ( GUIS-146).

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)

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 Bike and Pedestrian Use Enhancements 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 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 NPS Southeast Archeological Center completed a Phase I Archeological Survey in two areas that would be impacted by the widening of Park Road to better accommodated bicycle/pedestrian use. Although testing found one site to be potentially eligible for nomination in National Register of Historic Places, the site is unlikely to be impacted due to its distance from the road.

Archeological monitoring during construction was recommended. In a letter August 12, 2019, NPS requested concurrence from the Mississippi State 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 The Department of the Interior (DOI), NOAA, Environmental Protection Agency (EPA), and United States Department of Agriculture (USDA), conducted an environmental assessment (EA) for Bike and Pedestrian Use Enhancements at Davis Bayou in Gulf Islands National Seashore.

The project involves roadway safety improvements that will be implemented by the DOI. The project is funded as part of the Deepwater Horizon Natural Resource Damage Assessment and Restoration process in accordance with the "Framework for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill". This project is one of several projects to be implemented as identified in the Final Phase IV Early Restoration Plan and Environmental Assessments (final Phase IV ERP /EA) to accelerate restoration and represents an initial step toward the restoration of natural resources injured by the Deepwater Horizon oil spill (Spill). A Finding of No Significant Impact was signed 9/10/15.

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

Consultation with NOAA NMFS pursuant to the Magnuson-Stevens Fishery Conservation and Management Act was conducted for potential impacts to essential fish habitat (EFH). After the Draft Phase IV ERP /EA was released, that consultation identified potential adverse impacts to EFH from construction and resulted in the addition of a mitigation element to the project scope to offset those potential impacts: a one-acre marsh creation project within the NPS boundary of the Davis Bayou Area. With the addition of this mitigation component, NOAA NMFS concurred that the overall effects of the project on EFH would be minimal.

A revised Determination of Effect on EFH was prepared by the NPS, modifying the approach to EFH mitigation. The modified approach to EFH mitigation proposes enhancement of a 4.95-acre area of emergent marsh and soft bottom habitat east of Park Road through installation of a new 20-ft long by 32-ft wide bottomless concrete culvert under Park Road. Enhancement of these habitats will mitigate EFH impacts. The NOAA NMFS reviewed the revised Determination of Effect on EFH and concurred with the EFH assessment and modified EFH mitigation via email dated September 25, 2019.

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.

____________________________________ __January 2, 2024__ 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?

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: i West Indian manatee (Trichechus manatus), Eastern Black Rail, Mississippi sandhill crane (Grus Canadensis pulla), piping plover (Charadrius melodus), Rufa Red Knot, Alabama red-bellied turtle (Pseudemys alabamensis), green (Chelonia mydas), Kemp's ridley (Lepidochelys kempi), alligator snapping turtle, Hawksbill sea turtle, leatherback (Dermochlys coriacea), and loggerhead ( Caretta caretta) sea turtles, gopher tortoise ( Gopherus polyphemus), Gulf sturgeon (Acipenser oxyrhynchus desotois), Louisiana quill wort (lsoetes louisianensis), Monarch Butterfly (Candidate).