Categorical Exclusion Form (NEPA).pdf

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

NP GRSM 126(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP GRSM 126(1) Date: 3/17/2020

Project Name: Replace Five Bridges on Forge Creek Road

Location: Great Smoky Mountains National Park Blount County, Tennessee

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 The National Park Service (NPS), in cooperation with the Federal Highway Administration (FHWA), proposes to remove and reconstruct five bridges on Forge Creek Road. The project actions are within the Cades Cove Historic District. The bridges are Forge Creek Bridges #1, #2, #3, #4, and Mill Creek Bridge. Project work includes constructing stone masonry-faced, reinforced concrete abutments and piers, steel beams, and timber decks and railings; reinforcing concrete approach slabs; placing riprap; restoring streambanks; conducting approach work, completing aggregate surface reconditioning of 2.2 miles of Forge Creek Road; and other miscellaneous work.

Soil disturbing activities include clearing and grubbing; removal of identified trees and tree trimming to access bridges for construction; excavation for bridge abutments, piers, and approach slabs; placing riprap around Mill Creek Bridge abutments; installing temporary diversion berms and temporary water crossings, and using stabilized construction exits. The total disturbed area for the project is approximately 0.72 acres.

Environmental Commitments and Mitigation Measures For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to.

• All construction activities, tree trimming, tree removal, and bridge removal will be conducted between November 1, 2020 and May 15, 2021 and potentially November 1, 2021 and May 15, 2022.

• Staging Areas – Equipment and material staging areas shall be limited to the existing Forge Creek Road prism and pull-offs at locations approved by the NPS Project Leader to protect 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) vegetation, water quality, archeological resources, and the cultural landscape. Staging areas shall be sited and erosion and sediment control measures used so that runoff does not discharge directly to streams.

• All workers will be informed of the penalties of illegally collecting artifacts or intentionally damaging any archeological or historic property.

• In the event that cultural resources are inadvertently encountered during the project, the site supervisor shall temporarily stop work to protect the resources and immediately notify the Superintendent and GRSM Archaeologist. The Superintendent will notify the State Historic Preservation Office and Federally Recognized Indian Tribes, as appropriate, within 48 hours, or as soon as reasonably possible. The Superintendent in consultation with the Project Leader, Section 106 Coordinator, and the appropriate members of the Cultural Resources Management Team, will make reasonable efforts to avoid, minimize, or mitigate adverse effects on those cultural resources in consultation with the SHPO/THPO and Federally recognized Indian Tribes, as appropriate. If human remains or other cultural material that may fall under the provisions of Native American Graves Protection and Repatriation Act (NAGPRA) are present, the Superintendent will comply with NAGPRA and the Archeological Resources Protection Act (ARPA). The Superintendent will ensure that any human remains are left in situ, are not exposed, and remain protected while compliance with NAGPRA, Archaeological Resources Protection Act, or other applicable federal, state, and/or local laws and procedures is undertaken.

• The GRSM Fisheries Branch shall monitor water quality on Forge Creek upstream and downstream of the project area prior to and during construction. NPS Project Leader shall inform GRSM Fisheries Branch Chief of construction schedule at least 2 months in advance.

• Rainbow trout and other native non-game fish are present at all five bridge locations. Project includes instream work and construction schedule should consider timing of native fish spawning and seasonal stream flow patterns prior to implementation. Non-native rainbow trout spawn during March and April with eggs and young-of-year fish susceptible to sediment, nest excavation and de-watering through mid-May. Most native non-game fish species spawn between May and July. Low stream flows for GRSM typically occur between September and November, whereas peak stream flows typically occur between February and May. These stream flow and spawning behaviors should be considered when planning instream projects where fish species are present.

• As few trees as possible shall be removed during this project. Measures must be taken to minimize ground disturbance while removing trees. For example, move the tree the minimum distance necessary; use a grapple bucket, highline and winch, or other low-impact methods; elevate tree ends above the ground surface to limit plowing or trenching of duff and soil from pulling logs; and do not push logs or slash with construction equipment. Trees and slash should be removed from the site and legally disposed of outside the park or used for

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) park administrative purposes.

• Disturbed areas shall be returned to previous grade and re-seeded with park-approved seed mix immediately after work is completed. Salvage incidental native vegetation (as feasible) from project areas for reuse during restoration on disturbed areas. The Project Leader will consult with GRSM Supervisory Forester (Kris Johnson) on re-vegetation and invasive plant control prior to starting construction. This consultation will include park-approved seed mix label review. The Project Leader will coordinate revegetation and invasive plant monitoring with the Supervisory Forester. At a minimum, monitoring will occur at 6 weeks and 6 months after re-seeding. If necessary, Project Leader will coordinate implementation of corrective actions such as additional reseeding and invasive plant controls based on monitoring results. NPS Project Leader shall inform GRSM Supervisory Forester of construction schedule at least 2 months in advance.

• Follow guidelines established in GRSM Management Directive #33 – Preventing Introduction and Spread of Invasive Non-Native Plants. Consult GRSM Supervisory Forester (Kris Johnson) prior to transporting materials (e.g., soil, gravel, rock) from in-park stockpiles or importing materials from outside the park. All equipment and tools shall be cleaned completely prior to entering the work zone to prevent the spreading of non-invasive plant seeds. Equipment shall be inspected for compliance. Do not place straw on disturbed lands. Reseed with park approved seed mix only. Prior to construction, a Park biologist shall survey the project area for invasive plants. A survey report shall be issued and eradication of identified species shall be undertaken. NPS Project Leader shall inform GRSM Supervisory Forester of construction schedule at least 2 months in advance.

• The GRSM Wildlife Branch shall conduct surveys prior to the start of construction to determine if bats, including state threatened tri-color and little brown bats, are using the bridges for roosting. If bats are roosting under a bridge, consult with GRSM Wildlife Branch to establish measures for avoiding and minimizing disturbance. If bats are using the bridges, construction work should be initiated between November 15 and March 31 to avoid and minimize disturbance. If a maternity colony is present, construction work shall not be initiated between June 1 and July 31. NPS Project Leader should inform Wildlife Branch Chief of construction schedule at least 2 months in advance.

• Tree Removal and Bats: The Indiana bat (Myotis sodalis) and the Northern long-eared bat (Myotis septentrionalis) are federally listed species; therefore their summer roosting habitat will be protected whenever possible. Important characteristics of summer roost trees for these bats are structural (e.g., exfoliating bark, tree cavities, crevices) and are typically found on dead, hollow, dying, damaged, or very large trees, particularly pines. When removing large trees (greater than 5 inches DBH) that have these characteristics, use the follow the decision process:

1. Remove potential roost trees only between Nov 15 and March 31, or

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

2. From April 1 to November 14, have a qualified individual observe for bats existing potential roost trees for 30 minutes before and after sunset.

a. If no bats are observed using the specified tree, remove tree immediately or as soon as possible after sunrise the following day. Provide documentation via email to the Wildlife Biologist.

b. If bats are observed using the specified tree, do not cut the tree and use mist netting or a bat detector to determine species, or resurvey tree at a later date.

Trees that would not be considered potential summer habitat include:

1. Root sprung trees that pose a hazard along trails, roads or developed areas

2. Live trees with tight bark and no crevices or hollows that could be used as roosts, and

3. Spruce/Fir forests

• Construction sites will abide by best management practices regarding avoidance of tree damage. Trees will have fencing established to prevent vehicle damage to main stem, root pruning will be used to trim roots within below grade work zones, care will be given to avoid compaction of soils over root systems.

• A public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented. This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences

Summary of Section 7 of the Endangered Species Act Compliance FHWA and NPS reviewed the project and consulted with the U.S. Fish and Wildlife Service (FWS) in October and November 2019.

In cooperation with the NPS, the FHWA requested concurrence with the following affect determinations:

• Not likely to adversely affect the endangered Duskytail Darter (Etheostoma percnurum), also called the Citico Darters (Etheostoma sitikuense); endangered Gray Bat (Myotis grisescens); endangered Indiana Bat (Myotis sodalis); endangered Spreading Avens (Geum radiatum); threatened Northern Long-eared Bat (Myotis septentrionalis); nor the threatened Virginia Spiraea (Spiraea virginiana). The determinations of not likely to adversely affect are based on time of year of project activities and protective measures to be implemented during construction.

• No effect on the endangered Cumberland Bean (pearlymussel; Villosa trabalis) or the threatened Spotfin Chub (Erimonax monachus), as neither species occurs in any of the five bridge construction areas nor the Abrams Creek watershed.

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

In order to maintain not likely to adversely affect, project work shall comply with the Programmatic Biological Opinion for Transportation Projects in the Range of the Indiana Bat and Northern Long-Eared Bat, February 2018 Revision, found at https://www.fws.gov/Midwest/endangered/section7/fhwa/pdf/AppC_AMMsRevisedFeb2018.pdf

Project work shall not disturb wildlife species found nesting, hibernating, estivating, or otherwise living in, or immediately nearby, the work site. If species are encountered during construction activities, cease work and notify the CO and NPS natural resource staff immediately. Continue construction activities upon approval of the CO.

FWS recommends that an erosion and sediment plan be prepared in accordance with National Pollutant Discharge Elimination System (NPDES) permitting program guidelines prior to initiation of any construction activities. All instream work should be scheduled during the low flow period. Equipment staging and maintenance area should be developed an adequate distance from streams to avoid entry of petroleum-based pollutants into the water. Concrete and cement dust must be kept out of the streams as they alter water chemical properties and can be toxic to aquatic species.

FWS requires best management practices (BMPs) to be utilized throughout construction to minimize runoff of sediment and other containments into area streams. All sediment structures should be inspected and cleaned regularly to ensure the maximum level of sediment control. If structures fail or are found to be inadequate, work should cease and not resume until appropriate corrective measures have been taken.

Summary of Section 106 of the National Historic Preservation Act Compliance The NPS completed NHPA compliance consultation in January 2020. The recommended overall area of potential effect (APE) includes visual and audio impacts using a150 feet buffer from the road center line for the Mill Creek Bridge and the four Forge Creek Bridges. The recommended APE for the remaining four bridges begins at Forge Creek Bridge 1 and extends along Forge Creek Road to Forge Creek Bridge 4 with a buffer of 150 feet to each side for the length of this section of Forge Creek Road, which is approximately 0.25 miles long.

The Park’s 106 Coordinator requested review by the Archeologist. Both Cultural Resource Specialists determined no adverse effect and recommended further consultation under 36 CFR Part 800.

The NPS received a letter from the Tennessee (TN) State Historic Preservation Office (SHPO) on October 1, 2018. The TN SHPO found that the project area contains the National Register https://www.fws.gov/Midwest/endangered/section7/fhwa/pdf/AppC_AMMsRevisedFeb2018.pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) listed Cades Cove Historic District and concurred that the project as currently proposed will not adversely affect the historic property.

The NPS also received a letter from the TN SHPO on January 8, 2020 and found that no archaeological resources eligible for listing in the National Register of Historic Places will be affected by the proposed project undertaking as currently proposed.

Additional Agency Coordination and Compliance The NPS Superintendent and Interdisciplinary team reviewed the scope of work and supporting documentation and all applicable associated compliance documentation and consultation (e.g., National Environmental Policy Act, National Historic Preservation Act (NHPA), Endangered Species Act, Clean Water Act, Clean Air Act, Wilderness Act, Tribal consultation under EO 13175, other related laws and policies). FHWA reviewed species, wetlands, flood zones, and other environmental attributes regulated under the same applicable laws and regulations.

The National Park Service made the assessment of no extraordinary circumstances and categorically excluded the project from further NEPA analysis, as documented in the Categorical Exclusion Form dated January 23, 2020, under the categorical exclusion DOI 516 Departmental Manual (DM) 12.5(C)(8) Replacement in-kind of minor structures and facilities with little or no change in location, capacity, or appearance.

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.

Lee Ellen Carter 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

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 Proposed project actions have the potential to occur in FEMA Flood Zone A, areas subject to inundation by the 1-percent-annual chance flood event determined using approximate methodologies, and Flood Zone X, areas subject to inundation by the 0.2-percent-annual-chance flood hazard and area of minimal flood hazard.

• ☒ 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

The project occurs in the Ozone 8-hr (1997 standard) maintenance area, Ozone 8-hr (2008 standard) maintenance area, and the PM2.5 24hr (2006 standard) maintenance area 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

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

Farmland Protection Policy Act for Highway Projects:

• Does the project displace, require acquisition of, or require an easement from farmland?

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

Clean Water Act Section 401 and 404 Tennessee Valley Authority Section 26a i Federally-listed species per U.S. Fish and Wildlife Service consultation:

• May affect, Not likely to adversely affect o endangered Duskytail Darter (Etheostoma percnurum), also called the Citico Darters (Etheostoma sitikuense) o endangered Gray Bat (Myotis grisescens) o endangered Indiana Bat (Myotis sodalis) o endangered Spreading Avens (Geum radiatum) o threatened Northern Long-eared Bat (Myotis septentrionalis) o threatened Virginia Spiraea (Spiraea virginiana)

• No effect o endangered Cumberland Bean (pearlymussel; Villosa trabalis) o threatened Spotfin Chub (Erimonax monachus)

National Park Service U.S. Department of the Interior

Great Smoky Mountains National Park

Date: 01/23/2020

Letter of Compliance Completion

To: Mike Tomkosky

From: Mark Collins

Subject: NEPA and NHPA Clearance: Replace Five Bridges on Forge Creek Road (PEPC: 77239)(PMIS: 177273)

NEPA and NHPA Compliance Complete. For complete compliance information see PEPC Project 77239.

The Superintendent and Interdisciplinary team have reviewed the scope of work and supporting documentation provided in the Planning, Environment, and Public Comment (PEPC) system, and all applicable associated compliance documentation and consultation (e.g. National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, Clean Water Act, Clean Air Act, Wilderness Act, Tribal consultation under EO13175, and other related laws and policies).

The subject proposed project/action(s), therefore, is/are now cleared for all compliance requirements. Project plans and specifications are approved, project funds may be released, and construction and/or project implementation can commence with the following mitigations and conditions/stipulations.

Required Mitigations - For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to:

• A public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented. This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences

• Staging Areas - Equipment and material staging areas shall be limited to the existing Forge Creek Road prism and pull-offs at locations approved by the NPS Project Leader to protect vegetation, water quality, archeological resources, and the cultural landscape. Staging areas shall be sited and erosion and sediment control measures used so that runoff does not discharge directly to streams.

• All workers will be informed of the penalties of illegally collecting artifacts or intentionally damaging any archeological or historic property.

• In the event that cultural resources are inadvertently encountered during the project, the site supervisor shall temporarily stop work to protect the resources and immediately notify the Superintendent and GRSM Archeologist. The Superintendent will notify the State Historic Preservation Office and Federally Recognized Indian Tribes, as appropriate, within 48 hours, or as soon as reasonably possible. The Superintendent in consultation with the Project Leader, Section 106 Coordinator, and the appropriate members of the Cultural Resources Management Team, will make reasonable efforts to avoid, minimize, or mitigate adverse effects on those cultural resources in consultation with the SHPO/THPO and Federally recognized Indian Tribes, as appropriate. If human remains or other cultural material that may fall under the provisions of Native American Graves Protection and Repatriation Act (NAGPRA) are present, the Superintendent will comply with NAGPRA and the Archeological Resources Protection Act (ARPA). The Superintendent will ensure that any human remains are left in situ, are not exposed, and remain protected while compliance with NAGPRA, Archaeological Resources Protection Act, or other applicable federal, state, and/or local laws and procedures is undertaken.

• The GRSM Fisheries Branch shall monitor water quality on Forge Creek upstream and downstream of the project area prior to and during construction. NPS Project Leader shall inform GRSM Fisheries Branch Chief of construction schedule at least 2 months in advance.

• Project includes instream work in TDEC-designated Outstanding National Resource Waters (Mill Creek and Forge Creek, which are tributaries to Abrams Creek). FHWA shall determine specific TDEC and COE permitting requirements, include applicable permit conditions (mitigation measures) in construction documents, obtain permits prior to construction, and ensure work is completed in accordance with the permits.

• Rainbow trout and other native non-game fish are present at all five bridge locations. Project includes instream work and construction schedule should consider timing of native fish spawning and seasonal stream flow patterns prior to implementation. Non-native rainbow trout spawn during March and April with eggs and young-of-year fish susceptible to sediment, nest excavation and de-watering through mid- May. Most native non-game fish species spawn between May and July. Low stream flows for GRSM typically occur between September and November, whereas peak stream flows typically occur between February and May. These stream flow and spawning behaviors should be considered when planning in-stream projects where fish species are present.

• As few trees as possible shall be removed during this project. Measures must be taken to minimize ground disturbance while removing trees. For example, move the tree the minimum distance necessary; use a grapple bucket, highline and winch, or other low-impact methods; elevate tree ends above the ground surface to limit plowing or trenching of duff and soil from pulling logs; and do not push logs or slash with construction equipment. Trees and slash should be removed from the site and legally disposed of outside the park or used for park administrative purposes.

• Disturbed areas shall be returned to previous grade and re-seeded with park-approved seed mix immediately after work is completed. Salvage incidental native vegetation (as feasible) from project areas for reuse during restoration on disturbed areas. The Project Leader will consult with GRSM Supervisory Forester (Kris Johnson) on re-vegetation and invasive plant control prior to starting construction. This consultation will include park-approved seed mix label review. The Project Leader will coordinate re-vegetation and invasive plant monitoring with the Supervisory Forester. At a minimum, monitoring will occur at 6 weeks and 6 months after re-seeding. If necessary, Project Leader will coordinate implementation of corrective actions such as additional reseeding and invasive plant controls based on monitoring results. NPS Project Leader shall inform GRSM Supervisory Forester of construction schedule at least 2 months in advance.

• Follow guidelines established in GRSM Management Directive #33-Preventing Introduction and Spread of Invasive Non-Native Plants. Consult GRSM Supervisory Forester (Kris Johnson) prior to transporting materials (e.g., soil, gravel, rock) from in-park stockpiles or importing materials from outside the park. All equipment and tools shall be cleaned completely prior to entering the work zone to prevent the spreading of non-invasive plant seeds. Equipment shall be inspected for compliance. Do not place straw on disturbed lands. Reseed with park approved seed mix only. Prior to construction, a park biologist shall survey the project area for invasive plants. A survey report shall be issued and eradication of identified species shall be undertaken. NPS Project Leader shall inform GRSM Supervisory Forester of construction schedule at least 2 months in advance.

• The GRSM Wildlife Branch shall conduct surveys prior to the start of construction to determine if bats, including state threatened tri-color and little brown bats, are using the bridges for roosting. If bats are roosting under a bridge, consult with GRSM Wildlife Branch to establish measures for avoiding and minimizing disturbance. If bats are using the bridges, construction work should be initiated between November 15 and March 31 to avoid and minimize disturbance. If a maternity colony is present, construction work shall not be initiated between June 1 and July 31. NPS Project Leader should inform Wildlife Branch Chief of construction schedule at least 2 months in advance.

• Tree Removal and Bats: The Indiana bat (Myotis sodalis) and the northern long-eared bat (Myotis septentrionalis) are a federally listed species; therefore their summer roosting habitat will be protected whenever possible. Important characteristics of summer roost trees for these bats are structural (e.g., exfoliating bark, tree cavities, crevices, etc.) and are typically found on dead, hollow, dying, damaged, or very large trees, particularly pines. When removing large trees (greater than 5 inches DBH) that have these characteristics, use the follow the decision process: 1) Remove potential roost trees only between Nov 15 and March 31, or 2) From April 1 to November 14, have a qualified individual observe for bats existing potential roost trees for 30 minutes before and after sunset. a. If no bats are observed using the specified tree, a. remove tree immediately or, b. as soon as possible after sunrise the following day. c. Provide documentation via email to the Wildlife Biologist. b. If bats are observed using the specified tree, a. do not cut the tree and use mist netting or a bat detector to determine species or b. resurvey tree at a later date.

Trees that would not be considered potential summer habitat include: 1) root sprung trees that pose a hazard along trails, roads or developed areas; 2) live trees with tight bark and no crevices or hollows that could be used as roosts, and 3) Spruce/Fir forests.

• Construction sites will abide by best management practices regarding avoidance of tree damage. Trees will have fencing established to prevent vehicle damage to main stem, root pruning will be used to trim roots within below grade work zones, care will be given to avoid compaction of soils over root systems.

There are no additional NHPA Recommendations for Conditions or Stipulations identified.

Great Smoky Mountains National Park Date: 01/23/2020

Categorical Exclusion Documentation Form (CE Form)

Project: Replace Five Bridges on Forge Creek Road PEPC Project Number: 77239 Description of Action (Project Description):

Project would include replacement of five bridges on Forge Creek Road that have reached the end of their life cycle: 1) Mill Creek Bridge, Structure Number 5460-032P; 2) Forge Creek Bridge #1, Structure Number 5460-033P;

3) Forge Creek Bridge #2, Structure Number 5460-034P; 4) Forge Creek Bridge #3, Structure Number 5460-035P;

and 5) Forge Creek Bridge #4, Structure Number 5460-036P. Forge Creek Road is an aggregate-surfaced, two lane, two-way road within the Cades Cove Historic District.

All bridges would continue to be steel beam and timber deck construction with timber curbs. The width of the bridges would be unchanged. Concrete approach aprons would be added to each bridge to minimize gravel transfer to the bridge and wear on the timber deck. In addition to the superstructure replacement and installation of concrete approaches, the project would include:

-In kind replacement of all bridge abutments. The new abutments would be reinforced concrete with masonry stone facing that matches the character of the existing abutments. -Removal of the existing pier at Forage Creek Road Bridge #3. -Removal of one existing pier and in kind replacement of one existing pier at Forge Creek Road Bridge #4. The new pier would be reinforced concrete with masonry stone facing that matches the character of the existing pier and abutments. -Construction of temporary stream crossings at Forge Creek Bridge #1 and Forge Creek Bridge #3 to allow for construction work on more than one bridge simultaneously (see design drawings attached in PEPC for additional details).

Work is tentatively planned to start around November 2020 and is expected to continue through spring 2021.

Forge Creek Road would be closed to all visitor traffic during construction.

Project Locations:

Location County: Blount State: TN

Mitigation(s):

• A public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented.This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences

• Staging Areas - Equipment and material staging areas shall be limited to the existing Forge Creek Road prism and pull-offs at locations approved by the NPS Project Leader to protect vegetation, water quality, archeological resources, and the cultural landscape. Staging areas shall be sited and erosion and sediment control measures used so that runoff does not discharge directly to streams.

• All workers will be informed of the penalties of illegally collecting artifacts or intentionally damaging any archeological or historic property.

• In the event that cultural resources are inadvertently encountered during the project, the site supervisor shall temporarily stop work to protect the resources and immediately notify the Superintendent and GRSM Archeologist. The Superintendent will notify the State Historic Preservation Office and Federally

Recognized Indian Tribes, as appropriate, within 48 hours, or as soon as reasonably possible. The Superintendent in consultation with the Project Leader, Section 106 Coordinator, and the appropriate members of the Cultural Resources Management Team, will make reasonable efforts to avoid, minimize, or mitigate adverse effects on those cultural resources in consultation with the SHPO/THPO and Federally recognized Indian Tribes, as appropriate. If human remains or other cultural material that may fall under the provisions of Native American Graves Protection and Repatriation Act (NAGPRA) are present, the Superintendent will comply with NAGPRA and the Archeological Resources Protection Act (ARPA). The Superintendent will ensure that any human remains are left in situ, are not exposed, and remain protected while compliance with NAGPRA, Archaeological Resources Protection Act, or other applicable federal, state, and/or local laws and procedures is undertaken.

• The GRSM Fisheries Branch shall monitor water quality on Forge Creek upstream and downstream of the project area prior to and during construction. NPS Project Leader shall inform GRSM Fisheries Branch Chief of construction schedule at least 2 months in advance.

• Project includes instream work in TDEC-designated Outstanding National Resource Waters (Mill Creek and Forge Creek, which are tributaries to Abrams Creek). FHWA shall determine specific TDEC and COE permitting requirements, include applicable permit conditions (mitigation measures) in construction documents, obtain permits prior to construction, and ensure work is completed in accordance with the permits.

• Rainbow trout and other native non-game fish are present at all five bridge locations. Project includes instream work and construction schedule should consider timing of native fish spawning and seasonal stream flow patterns prior to implementation. Non-native rainbow trout spawn during March and April with eggs and young-of-year fish susceptible to sediment, nest excavation and de-watering through mid- May. Most native non-game fish species spawn between May and July. Low stream flows for GRSM typically occur between September and November, whereas peak stream flows typically occur between February and May. These stream flow and spawning behaviors should be considered when planning in-stream projects where fish species are present.

• As few trees as possible shall be removed during this project. Measures must be taken to minimize ground disturbance while removing trees. For example, move the tree the minimum distance necessary; use a grapple bucket, highline and winch, or other low-impact methods; elevate tree ends above the ground surface to limit plowing or trenching of duff and soil from pulling logs; and do not push logs or slash with construction equipment. Trees and slash should be removed from the site and legally disposed of outside the park or used for park administrative purposes.

• Disturbed areas shall be returned to previous grade and re-seeded with park-approved seed mix immediately after work is completed. Salvage incidental native vegetation (as feasible) from project areas for reuse during restoration on disturbed areas. The Project Leader will consult with GRSM Supervisory Forester (Kris Johnson) on re-vegetation and invasive plant control prior to starting construction. This consultation will include park-approved seed mix label review. The Project Leader will coordinate re-vegetation and invasive plant monitoring with the Supervisory Forester. At a minimum, monitoring will occur at 6 weeks and 6 months after re-seeding. If necessary, Project Leader will coordinate implementation of corrective actions such as additional reseeding and invasive plant controls based on monitoring results. NPS Project Leader shall inform GRSM Supervisory Forester of construction schedule at least 2 months in advance.

• Follow guidelines established in GRSM Management Directive #33-Preventing Introduction and Spread of Invasive Non-Native Plants. Consult GRSM Supervisory Forester (Kris Johnson) prior to transporting materials (e.g., soil, gravel, rock) from in-park stockpiles or importing materials from outside the park. All equipment and tools shall be cleaned completely prior to entering the work zone to prevent the spreading of non-invasive plant seeds. Equipment shall be inspected for compliance. Do not place straw on disturbed lands. Reseed with park approved seed mix only. Prior to construction, a park biologist shall survey the project area for invasive plants. A survey report shall be issued and eradication of identified species shall be undertaken. NPS Project Leader shall inform GRSM Supervisory Forester of construction schedule at least 2 months in advance.

• The GRSM Wildlife Branch shall conduct surveys prior to the start of construction to determine if bats, including state threatened tri-color and little brown bats, are using the bridges for roosting. If bats are

Extraordinary Circumstances:

If implemented, would the proposal... Yes/No Notes A. Have significant impacts on public health or safety? No

B. Have significant impacts on such natural resources and unique geographic characteristics as historic or cultural resources; park, recreation, or refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime farmlands;

wetlands (Executive Order 11990); floodplains (Executive Order 11988); national monuments;

migratory birds; and other ecologically significant or critical areas?

No

C. Have highly controversial environmental effects or involve unresolved conflicts concerning alternative uses of available resources (NEPA section 102(2)(E))?

D. Have highly uncertain and potentially significant environmental effects or involve unique or unknown environmental risks?

E. Establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects?

F. Have a direct relationship to other actions with individually insignificant, but cumulatively significant, environmental effects?

G. Have significant impacts on properties listed or eligible for listing on the National Register of Historic Places, as determined by either the bureau or office?

H. Have significant impacts on species listed or proposed to be listed on the List of Endangered or Threatened Species, or have significant impacts on designated Critical Habitat for these species?

I. Violate a federal, state, local or tribal law or requirement imposed for the protection of the environment?

J. Have a disproportionately high and adverse effect on low income or minority populations (EO 12898)?

K. Limit access to and ceremonial use of Indian sacred sites on federal lands by Indian religious practitioners or adversely affect the physical integrity of such sacred sites (EO 130007)?

L. Contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction, growth, or expansion of the range of such species (Federal Noxious Weed Control Act and Executive Order 13112)?

ENVIRONMENTAL SCREENING FORM (ESF)

Updated Sept 2015 per NPS NEPA Handbook

A. PROJECT INFORMATION

Project Title: Replace Five Bridges on Forge Creek Road PEPC Project Number: 77239 PMIS Number: 177273 Project Type: Reconstruction (REC) Project Location:

County, State: Blount, Tennessee Project Leader: Imelda Wegwerth

B. PROJECT DESCRIPTION

Project would include replacement of five bridges on Forge Creek Road that have reached the end of their life cycle: 1) Mill Creek Bridge, Structure Number 5460-032P; 2) Forge Creek Bridge #1, Structure Number 5460- 033P; 3) Forge Creek Bridge #2, Structure Number 5460-034P; 4) Forge Creek Bridge #3, Structure Number 5460- 035P; and 5) Forge Creek Bridge #4, Structure Number 5460-036P. Forge Creek Road is an aggregate-surfaced, two lane, two-way road within the Cades Cove Historic District.

All bridges would continue to be steel beam and timber deck construction with timber curbs. The width of the bridges would be unchanged. Concrete approach aprons would be added to each bridge to minimize gravel transfer to the bridge and wear on the timber deck. In addition to the superstructure replacement and installation of concrete approaches, the project would include:

-In kind replacement of all bridge abutments. The new abutments would be reinforced concrete with masonry stone facing that matches the character of the existing abutments. -Removal of the existing pier at Forage Creek Road Bridge #3. -Removal of one existing pier and in kind replacement of one existing pier at Forge Creek Road Bridge #4. The new pier would be reinforced concrete with masonry stone facing that matches the character of the existing pier and abutments. -Construction of temporary stream crossings at Forge Creek Bridge #1 and Forge Creek Bridge #3 to allow for construction work on more than one bridge simultaneously (see design drawings attached in PEPC for additional details).

Work is tentatively planned to start around November 2020 and is expected to continue through spring 2021.

Forge Creek Road would be closed to all visitor traffic during construction.

C. RESOURCE IMPACTS TO CONSIDER:

Resource Potential for Impact

Potential Issues & Impacts

Air Air Quality

None

Air Climate Change

Biological Areas of high Biological Diversity

Cave/karst Resources

Communities of Special Concern

Nonnative or Exotic Species Native plant communities

Potential Issue: Introduction of exotics in aggregate, fill material, seed or mulch.

Impact: Spread of exotic into adjacent wetlands, riparian and woodland plant communities (see mitigation measures).

Biological Species of Special Concern or Their Habitat Bats

Potential Issue: Several species of bats including the little brown bat and tri-colored bat, which are state threatened in Tennessee, roost in the crevices and cracks of bridges.

Impact: Potential disturbance to individual bats and/or maternity colonies, especially if work is conducted during the summer. Current plans are to conduct work in fall/winter (see mitigation measures).

Biological Species of Special Concern or Their Habitat Federally listed fish species (smoky madtom and yellowfin madtom)

Potential Issue: Federally listed fish species occur downstream of the project area in Abrams Creek, below Abrams Falls and the project involves instream work.

Impact: Not likely to adversely affect (see USFWS Section 7 consultation letter attached in PEPC).

Biological Species of Special Concern or Their Habitat Indiana and northern long-eared bats (federally listed as endangered)

Potential Issue: If project involves tree removal during the summer, it could impact individual bats and/or maternity colonies and summer roosting habitat.

Impact: Loss of roost trees (see mitigation measures). Not likely to adversely affect (see USFWS Section 7 consultation letter attached in

PEPC).

Biological Vegetation

Wildlife and/or Wildlife Habitat including terrestrial and aquatic species Aquatic life

None Issue: Instream work.

Impact: Direct impacts on aquatic communities and aquatic habitat (see mitigation measures).

Biological Wildlife and/or Wildlife Habitat including terrestrial and aquatic species

Cultural Archeological Resources Archeological Resource

Potential Issue: Stream crossings will create ground disturbance in new areas.

However, most of the area associated with the stream crossings are steep and within the flood plain and are unlikely to contain intact remains.

Impact: Potential adverse effect to intact subsurface resources. No adverse effect determination made through SHPO Section 106 consultation.

Cultural Cultural Landscapes Cades Cove Cultural Landscape

Potential Issue: Potential modification of a contributing element (Forge Creek Rd) of the cultural landscape

Impact: No adverse effect determination made through SHPO Section 106 consultation.

Cultural Ethnographic Resources

Cultural Museum Collections

Cultural Prehistoric/historic structures Forge Creek Road and Bridge Structures

Potential Issue: Modification of existing bridges/abutments and/or more extensive reconstruction of bridges.

Impact: No adverse effect determination made through SHPO Section 106 consultation.

Geological Geologic Features

Geological Geologic Processes

Lightscapes Lightscapes

Other Human Health and Safety

Socioeconomic Land Use

Minority and low-income populations, size, migration patterns, etc.

energy/sustainability

Soundscapes Soundscapes

Viewsheds Viewsheds Cades Cove Historic District

None Issue: Bridge locations are outside of maintained viewsheds.

Visitor Use and Experience Recreation Resources Gregory Ridge Trailhead and Forge Creek Road

Potential Issue: Forge Creek Road, which provides access to Gregory Ridge Trailhead will need to be temporarily closed to visitors during construction.

Impact: Temporary inconvenience to visitor's will be minimized by scheduling work during off peak season.

Visitor Use and Experience Visitor Use and Experience

Water Floodplains Forge Creek and Mill Creek floodplain

Potential Issue: Existing bridges are within the floodplain.

Impact: Minor impacts because project involves replacement of existing bridges. Overall bridge openings would increase in size and project is not expected to increase potential for flooding. The proposed action is considered an excepted action under DO 77-2 and a Floodplain Statement of Findings is not required for the following reasons: 1) project requires little physical development and no overnight occupation and 2) project has no potential to adversely affect natural resources and functions of floodplains or increase flood risks.

Water Water Quality or Quantity Forge Creek, Mill Creek, and Abrams Creek (Outstanding National Resource Waters)

Potential Issue: Project requires work in and near streams classified as Outstanding National Resource Waters.

Impact: Temporary impacts during construction. FHWA to determine specific permitting requirements and include permit conditions in construction drawings to mitigate impacts.

Water Water Quality or Quantity Native Fish; Water Quality

Potential Issue: Work on abutments will require ARAP permit for altered flow.

Mitigation's should be in place such that concrete in/around water shall not contact stream water to reduce the possibility of fish kills and/or impaired water chemistry. Please see mitigation's

Water Wetlands Riverine wetlands associated with Forge Creek and Mill Creek

Potential Issue: Instream work is required at all bridges.

Impact: Minor impacts mitigated by permit conditions (see mitigation measures). The proposed action is considered an excepted action under DO 77-1 and a Wetland Statement of Findings is not required.

Wilderness Wilderness Recommended wilderness

Potential Issue: Project area is within the transportation zone, but is adjacent to wilderness.

ASSESSMENT OF ACTIONS HAVING AN EFFECT ON

HISTORIC PROPERTIES

A. DESCRIPTION OF UNDERTAKING

1. Park: Great Smoky Mountains National Park

2. Project Description:

Project Name: Replace Five Bridges on Forge Creek Road Prepared by: Allison Harvey Date Prepared: 12/06/2019 Telephone: 865-430-0340 PEPC Project Number: 77239 Locations:

County, State: Blount, TN Describe project:

Project would include replacement of five bridges on Forge Creek Road that have reached the…