Categorical Exclusion Form (NEPA).pdf

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

BLRI 5140-091P

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: BLRI 5140-091P Date: 9/3/2025

Project Name: Deep Gap Bridge Rehabilitation

Location: Blue Ridge Parkway, National Park Service Watauga County, NC

CE Category 23 CFR 771.117(c)(28): Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings, if the actions meet the constraints in paragraph (e) of this section.

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

Project Description The Federal Highway Administration (FHWA) and the National Park Service (NPS) are proposing to rehabilitate the bridge over Highway 421 at Deep Gap. The bridge is in Watauga County, North Carolina at Blue Ridge Parkway Milepost 276.5. Located in a saddle on the Blue Ridge Mountains at an elevation of 3,120 feet, the bridge passes over the four-lane divided Highway 421.

The bridge has numerous deficiencies that need to be addressed to keep the structure operable and safe for motorists. The bridge is showing evidence of water damage on the south abutment, efflorescence, detached or loose masonry, and concrete cracking on the superstructure and expansion joint armor. The abutments are also showing large cracks and the piers show an area of alkali silica reaction (ASR) and areas of delamination.

To address these issues, FHWA is proposing several improvements. The bridge will be cleaned of efflorescence and stalactites along the arch ringstones. A weephole will be added to the west face of the south abutment. The masonry will be removed and reset and repointed as needed.

Concrete sections exhibiting ASR and delamination will be removed and replaced. The existing concrete overlay will be removed and a waterproofing membrane added and overlaid with asphalt. Expansion joints will be placed. The face of the abutments will be removed and replaced with high-performance concrete. Cracks on the piers and deck underside will be filled.

The bridge will be closed to traffic for construction work on the superstructure.

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)

Environmental Commitments and Mitigation Measures The following conservation measures will be implemented to avoid and minimize potential impacts to these species:

• No tree removal will occur between April 1-September 30 when bats could be present on the landscape or between April 1 and November 15 when within 5 miles of Northern Long-eared Bat or Indiana Bat hibernacula (except as noted below).

• If bridge, culvert, or guardwall (structure) work needs to occur between March 15 and November 15, a qualified biologist will inspect structures for evidence of bat use prior to construction.

o Inspections will follow Appendix K, Assessing and Surveying Bridges and Culverts for Bat Use in the most recent version of the Range-wide Indiana Bat & Northern Long-eared Bat Survey Guidelines (https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines). The guidance will be provided to the qualified biologist preforming inspections.

o Inspections will occur within two years of construction activities beginning at a structure.

o The Bridge/Culvert Assessment Form from Appendix K will be used to document inspections. https://www.fws.gov/sites/default/files/documents/2025-04/bridge-and-culvert-bat-assessment-form-1.pdf o All guardwalls or retaining walls with cracks and crevices large enough to provide habitat for bats will be inspected.

o If evidence of bats is seen:

The BLRI or FHWA will notify the Service immediately to discuss appropriate avoidance measures. No work will begin at the structure location until discussions with the Service have concluded.

The preferred avoidance measure is waiting for bats to leave for the season and delaying work until construction can be complete between November 16 and March 14 If this cannot occur, the BLRI and FWHA will reinitiate consultation with the Service to assess impacts of the proposed activity and determine additional conservation measures.

o Regardless of when work is done, if bat use is observed, ensure habitat remains after the structure is repaired so bats can return the following season.

https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines https://www.fws.gov/sites/default/files/documents/2025-04/bridge-and-culvert-bat-assessment-form-1.pdf https://www.fws.gov/sites/default/files/documents/2025-04/bridge-and-culvert-bat-assessment-form-1.pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) o If evidence of bats is not found during the inspection of a structure, but evidence or bat sightings are unexpectedly made during construction, the contractor will stop work and the BLRI and FHWA will notify the Service immediately. No work will resume at the structure location until discussions with the Service have concluded.

o Complete structure assessment forms will be provided to the BLRI and FHWA by the contractor. The BLRI or FHWA will submit the forms to the Service.

• Equipment used at the site will be pressure cleaned and free of weeds, seed, debris, and mud to prevent the introduction and/or spread of exotic, invasive plants.

• To avoid introduction of non-native/noxious plant species, no imported hay or straw bales will be used during revegetation, silt protections, or erosion control efforts. Wood excelsior products and straw fiber logs and blankets that are certified as fumigated and weed-free can we used.

Summary of Section 7 of the Endangered Species Act Compliance FHWA obtained an updated USFWS IPAC list on March 2025. The IPAC identified four endangered bat species (gray bat, Indiana bat, northern long-eared bat, and Virginia big-eared bat), the bog turtle that is threatened by similarity to another species, the rock gnome lichen that is endangered, and three species proposed for listing (eastern hellbender, green floater, and monarch butterfly). The impacts of the project were evaluated using the on-line decision key based on the Programmatic Biological Opinion / Conference Opinion for Transportation Projects in the Range of the Indiana Bat, Northern Long-eared Bat, and Tricolored Bat.

As part of a prior project that improved drainage on and adjacent to the bridge, FHWA had the bridge surveyed for the presence or sign of bat use. This was done May 21, 2023 during the bat active season. No evidence of bats or bat sightings were documented. The report concluded that there was not suitable habitat on the bridge for the bat species being evaluated. For this proposed project, FHWA prepared a biological assessment that was provided to the USFWS as part of the Section 7 of the Endangered Species Act consultation. It was determined that the project may affect, but is not likely to adversely affect the northern long-eared bat or the Indiana Bat.

The Virginia big-eared bat and the Gray bat use caves and cave-like structures year-round. No suitable habitat exists in the project area for these bat species, therefore there would be no effect.

A no effect determination was reached for the bog turtle as the bridge rehabilitation will not impact habitat where this species may be located. There will be no effect to the rock gnome lichen as it not known to occur on bridges. FHWA also determined that the project will not lead

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) to jeopardy of the species proposed for federal list, eastern hellbender, green floater, and monarch butterfly.

Informal consultation with the USFWS began in June 2025. USFWS concurred with these conclusions and conservation measures in a letter dated August 8, 2025.

Summary of Section 106 of the National Historic Preservation Act Compliance The NPS completed an assessment of effects of the project on cultural resources within the project area. All repairs to the bridge will be made using in-kind materials due to the Blue Ridge Parkway designation as a National Historic Landmark. The assessment found that the project will have no adverse effect on historic properties. The project meets the conditions for a streamlined review under the 2008 Servicewide Programmatic Agreement. Section 106 compliance is complete and the Assessment of Effect Form was signed by the NPS on August 13, 2025.

Additional Agency Coordination and Compliance No additional agency coordination or compliance is required for the proposed project. No permits are required under the Clean Water Act.

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.

Timberley Belish 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 ☐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.

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:

No permits are required for this project.

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

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

Common Name Scientific Name Federal Status Mammals Northern Long-eared Bat Myotis septentrionalis Endangered Indiana Bat Myotis sodalis Endangered Virginia Big-eared Bat Corynorhinus townsendii virginianus Endangered

Gray Bat Myotis grisescens Endangered Clams Green Floater Lasmigona subviridis Proposed Threatened Reptile Bog Turtle Clemmys muhlenbergii Species of Concern Amphibian Eastern Hellbender Cryptobranchus alleganiensis

Proposed Endangered

Insects Monarch butterfly Danaus plexippus Proposed Threatened Lichen Rock gnome lichen Gymnoderma lineare Endangered

From: Reid, Rebekah N To: Belish, Timberley (FHWA) Cc: Young, Craig C Subject: NPS, BLRI Deep Gap Bridge Rehabilitation Project in Watauga Co, NC (Log No. 22-346) Date: Friday, August 8, 2025 11:57:17 AM

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe.

Timberley:

Project received: July 8, 2025

Authorities: National Environmental Policy Act and section 7 of the Endangered Species Act of 1973, as amended (Act)

Project Description: According to the information provided, the Eastern Federal Lands Highway Division Office of the Federal Highway Administration (FHWA), in cooperation with the National Park Service (NPS), Blue Ridge Parkway (BLRI), proposes to rehabilitate the U.S. 421 Bridge at Deep Gap at milepost 276.35 in Watauga County, North Carolina. Activities will be confined to the existing roadway, shoulder, and bridge. The project includes:

repairing concrete and cracks cleaning and resealing joints repointing stone masonry milling and overlay of the bridge and approaches waterproofing

Conservation Measures: As a part of the project proposal, the project proponent has committed to the following:

Although work should be limited to the existing roadway, shoulder, and bridge, if tree clearing is needed, no tree removal will occur between April 1-September 30 when bats could be present on the landscape.

If structure (bridge, culvert, guardwall, etc.) work needs to occur between March 15 and November 15, a qualified biologist will inspect structures for evidence of bat use prior to construction.

Inspections will follow Appendix K, Assessing and Surveying Bridges and Culverts for Bat Use in the most recent version of the Range-wide Indiana Bat & Northern Long-eared Bat Survey Guidelines (https://www.fws.gov/media/range-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines). The guidance will be provided to the qualified biologist preforming inspections.

Inspections will occur within two years of construction activities beginning at a structure.

The Bridge/Culvert Assessment Form from Appendix K will be used to mailto:rebekah_reid@fws.gov mailto:Timberley.Belish@dot.gov mailto:Craig_Young@nps.gov https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fws.gov%2Fmedia%2Frange-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines&data=05%7C02%7Ctimberley.belish%40dot.gov%7C85bc6ca8965744d8ee1708ddd6943d48%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638902654363857490%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=nGlLye5YDTgwXKAHTkDYaribEPEa1ARP36EXGcfzMGk%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fws.gov%2Fmedia%2Frange-wide-indiana-bat-and-northern-long-eared-bat-survey-guidelines&data=05%7C02%7Ctimberley.belish%40dot.gov%7C85bc6ca8965744d8ee1708ddd6943d48%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638902654363857490%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=nGlLye5YDTgwXKAHTkDYaribEPEa1ARP36EXGcfzMGk%3D&reserved=0 document inspections (https://www.fws.gov/sites/default/files/documents/2025-04/bridge-and-culvert-bat-assessment-form-1.pdf)

All guardwalls or retaining walls with cracks and crevices large enough to provide habitat for bats will be inspected.

Complete structure assessment forms will be provided to the BLRI and FHWA by the contractor. The BLRI or FHWA will submit the forms to the Service.

If evidence of bats is seen:

The BLRI or FHWA will notify the U.S. Fish and Wildlife Service (Service) immediately to discuss appropriate avoidance measures. No work will begin at the structure location until discussions with the Service have concluded.

The preferred avoidance measure is waiting for bats to leave for the season and delaying work until construction can be completed between November 16 and March 14. If this cannot occur, the BLRI and FWHA will reinitiate consultation with the Service to assess impacts of the proposed activity and determine additional conservation measures.

Regardless of when work is done, if bat use is observed, ensure habitat remains after the structure is repaired so bats can return the following season.

If evidence of bats is not found during the inspection of a structure, but evidence or bat sightings are unexpectedly made during construction, the contractor will stop work and the BLRI and FHWA will notify the Service immediately. No work will resume at the structure location until discussions with the Service have concluded.

Federally Listed Species: An assessment of suitable habitat and potential impacts to six species was conducted by environmental specialists with the FHWA. The findings were compiled and included in the review request submitted on July 8, 2025. The following species with federal designations and their associated habitats were evaluated:

Species Status1

Gray bat Myotis grisescens E

Indiana bat Myotis sodalis E

Northern long-eared bat Myotis septentrionalis E

Rock gnome lichen Gymnoderma lineare E

Tricolored bat Perimyotis subflavus PE

Virginia big-eared bat Corynorhinus townsendii virginianus

E

1E = endangered and PE = proposed endangered.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fws.gov%2Fsites%2Fdefault%2Ffiles%2Fdocuments%2F2025-04%2Fbridge-and-culvert-bat-assessment-form-1.pdf&data=05%7C02%7Ctimberley.belish%40dot.gov%7C85bc6ca8965744d8ee1708ddd6943d48%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638902654363877125%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xZVS9GI%2B%2BFyggzSqLuXgO5%2FnTxP9VWCcIZe8IEsXP6c%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fws.gov%2Fsites%2Fdefault%2Ffiles%2Fdocuments%2F2025-04%2Fbridge-and-culvert-bat-assessment-form-1.pdf&data=05%7C02%7Ctimberley.belish%40dot.gov%7C85bc6ca8965744d8ee1708ddd6943d48%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638902654363877125%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=xZVS9GI%2B%2BFyggzSqLuXgO5%2FnTxP9VWCcIZe8IEsXP6c%3D&reserved=0

The FHWA has determined that no suitable habitats are present for, and therefore the project will have “no effect” on, gray bat or rock gnome lichen. As such, section 7 consultation is not required for these species.

Suitable roosting, commuting, and/or foraging habitats for Indiana bat, northern long-eared bat, and Virginia big-eared bat are present within the action area. Based on the information provided and the commitment to conservation measures, we concur with the “may affect, not likely to adversely affect” (NLAA) determinations from the FHWA for these species.

On September 14, 2022, the U.S. Fish and Wildlife Service (Service) published a proposal in the Federal Register to list the tricolored bat as endangered under the Act.

Species proposed for listing are not afforded protection under the Act; however, as soon as a listing becomes effective (typically 30 days after publication of the final rule in the Federal Register), the prohibitions against jeopardizing its continued existence and “take” will apply. In order to avoid the disruption to ongoing or planned actions, conferencing procedures for this species are being followed. The conference can be adopted as concurrence if a final rule for this species becomes effective during the life of the project. Based on the information provided and the commitment to conservation measures, we have determined that the proposed project will not jeopardize the continued existence of tricolored bat. Additionally, we would concur with a NLAA determination from the FHWA should this species become federally listed.

Bog turtle (Glyptemys muhlenbergii), eastern hellbender (Cryptobranchus alleganiensis alleganiensis), green floater (Lasmigona subviridis), and monarch butterfly (Danaus plexippus) are not currently subject to section 7 consultation; therefore, they were not included in this review. Should these species become listed in the future, reinitiation of consultation may be required.

We believe the requirements under section 7 of the Act are fulfilled for the federally listed species discussed above. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of the identified action may affect listed species or critical habitat in a manner not previously considered, (2) the identified action is subsequently modified in a manner that was not considered in this review, or

(3) a new species is listed or critical habitat is determined that may be affected by the identified action.

The Service appreciates the opportunity to provide these comments. In future correspondence concerning this project, please reference Log Number 22-346.

Rebekah Reid

Consultation Biologist and Section 7 Team Lead US Fish and Wildlife Service Asheville Ecological Services Field Office 160 Zillicoa St., Suite B

Asheville, North Carolina 28801

Office phone: 828-258-3939 (x3 for the Planning and Consultation Team) Cell phone: 828-782-0090

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