Categorical Exclusion Form (NEPA).pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

WV ERFO FS MNGAH921 2018 1(1)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: WV ERFO FS MNGAH921 2018 1(1) Date: 8/4/2025

Project Name: Reconstruction of Damaged Roadway and Trail Sections, Bridge Replacement and Reconstruction

Location: Monongahela National Forest Grant, Pocahontas, Randolph, Tucker and Webster Counties, West Virginia

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

The FHWA in cooperation with the United State Forest Service (USFS) - Monongahela National Forest (MNF), proposes to rehabilitate road sections along multiple Forest Service routes and trails that were damaged as a result of two storm events that occurred in 2018 and 2019. Damage done to roadways, bridges, and trails prevent public access into various locations of the Monongahela National Forest. Damages include slope failures, roadway and shoulder washouts, and clogged or displaced culverts and trail bridges. The proposed project would repair damages at 24 locations to provide resilient infrastructure to prevent roadway damage and closures from future storm events and for safe access to the Forest. The total project length is 1.27 miles and the estimated total disturbed area for the project is 7.39 acres.

Proposed repairs include repairing roads and trails with aggregate and asphalt surface courses and reconstructing embankments and side slopes. Drainage repairs include cleaning culverts, replacing damaged or undersized culverts, and placing riprap. The project will also include pedestrian bridge replacement of damaged or washed-out structures and scour protection as needed. A summary of the proposed repairs for each of the 24 project sites, which collectively make up the project area, is provided in Table 1.

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(05)

Per the Comprehensive Project Agreement, FHWA-EFLHD is the lead federal agency for compliance under the National Environment Policy Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA).

Table 1. Proposed Repairs at Each Project Site

Site

(Forest Service Road – FSR/ Trail - TR)

Damage Description Project

Area (acres)

Proposed Repairs

DSR 2018 1.1-

1.4 (FSR 102)

Roadway reconditioning/Remove and replace culvert

0.59 Roadway reconditioning, aggregate surface, remove and replace existing cross pipe, ditch reconditioning.

DSR 2018 1.2-

1.3 (FSR 102)

Slope repair (minor) 0.31

Embankment repairs with special rock embankment (riprap) and geotextile lining, roadway reconditioning, aggregate surface, remove and replace two existing cross pipes, ditch reconditioning, shoulder reconstruction.

DSR 2018 2.1

(FSR 86)

Streambank stabilization 0.20

Embankment repairs with special rock embankment (riprap) and geotextile lining, asphalt roadway reconstruction, clean existing cross pipe, ditch reconditioning, shoulder reconstruction.

DSR 2018 2.2

(TR 487 –

Williams River Trail)

Trail bridge removal/ replacement 0.34

Remove and replace existing trail bridge 10-ft upstream, resurface gravel trail approximately 1000-ft to trail head, riprap abutment protection, remove and replace trail cross pipe.

DSR 2018 2.4-

2.5 (FSR 86)

Slope failure repair 1.27

Repair and stabilize large slide with soldier pile wall, pipe culvert, ditch reconditioning, asphalt roadway reconstruction as required by wall construction.

DSR 2018 2.6

(TR 111 – Two Camp Trail)

Trail bridge removal/ replacement 0.19

Remove and reconstruct wooden pedestrian trail bridge, including abutments, with concrete footer and wingwalls, backfill behind abutment, riprap abutment protection.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

Site

(Forest Service Road – FSR/ Trail - TR)

Damage Description Project

Area (acres)

Proposed Repairs

DSR 2018 2.7

(FR 90)

Slope failure repair 0.38

Embankment repairs with rolled erosion control product, roadway reconditioning, aggregate surface, remove and replace existing cross pipe, ditch reconditioning, shoulder reconstruction.

DSR 2018 2.8

(TR 312 – West Fork Rail Trail)

Slope repair and culvert replacement 0.59

Repair and stabilize large slides with soil stabilization geogrid, remove and replace existing stone pipe culvert and headwalls, aggregate trail reconstruction as required by wall construction.

DSR 2019 1.1

(FR 17) Slope failure repair 0.19

Gabion MSE wall at base of slope, roadway reconditioning, remove and replace culvert, shoulder and ditch reconditioning.

DSR 2019 1.2

(FR 17)

Slope failure repair 0.44

Gabion face MSE wall at base of slope, embankment repairs with special rock embankment (riprap) and geotextile lining roadway reconstruction, aggregate surface, remove and replace existing cross pipe, ditch reconditioning, shoulder reconstruction

DSR 2019 1.5

(FR 13) Slope failure repair 0.27

Embankment repairs with soil nail retaining wall, road reconditioning, aggregate surface, ditch reconditioning.

DSR 2019 1.6

(FR 13) Slope failure repair 0.15

Embankment repairs with special rock embankment (riprap) and geotextile lining, roadway reconstruction, aggregate surface, remove and replace existing cross pipe, ditch reconditioning.

DSR 2019 1.7

(FR 13) Slope failure repair 0.17

Embankment repairs with special rock embankment (riprap) and geotextile lining, roadway reconditioning, aggregate surface, ditch reconditioning.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

Site

(Forest Service Road – FSR/ Trail - TR)

Damage Description Project

Area (acres)

Proposed Repairs

DSR 2019 1.8

(FR 13)

Slope failure on rock shelf 0.24

Repair and stabilize large slide with soldier pile wall, riprap embankment, remove and replace pipe culvert, ditch reconditioning, aggregate surface roadway reconstruction as required by wall construction.

DSR 2019 1.10

(FR 13) Drainage slope repair 0.12

Embankment repairs with gabion faces MSE wall road reconstruction, ditch reconditioning, shoulder

DSR 2019 1.11

(FR 13)

Slope failure and box culvert repair 0.33

Roadway reconditioning, aggregate surface, remove stacked culverts and replaced with embedded box culvert.

DSR 2019 1.14

(Horseshoe Campground)

Trail bridge replacement 0.17

Remove and reconstruct existing wood pedestrian trail bridge, concrete wingwall, riprap abutment protection, trail approach resurfacing.

DSR 2019 1.16

(FR 707) Slope failure repair 0.11

Embankment repairs with special rock embankment (riprap) and geotextile lining, roadway reconditioning, aggregate surface, ditch reconditioning, shoulder

DSR 2019 1.18

(TR 115A –

Thomas Rail Trail

Wingwall replacement 0.28

Remove temporary riprap, place new riprap and reconstruct wingwall, reconstruct washed out trail section, install overflow culvert.

DSR 2019 1.20

(FR 19) Slope failure repair 0.27

Repair and stabilize slide with reinforced concrete wall, replace pipe culvert, ditch reconditioning, aggregate surface roadway reconstruction as required by wall construction, riprap outlet protection.

DSR 2019 1.21

(FR 19) Slope failure repair 0.19 Repair and stabilize large slide with gabion face MSE wall, embankment repairs with special rock

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

Site

(Forest Service Road – FSR/ Trail - TR)

Damage Description Project

Area (acres)

Proposed Repairs embankment (riprap) and geotextile lining, pipe culvert, ditch reconditioning, aggregate surface roadway reconstruction as required by wall construction.

DSR 2019 1.22

(FR 19) Slope failure repair 0.11

Embankment repairs with reinforced concrete wall, small gabion faced MSE wall, roadway reconstruction , aggregate surface, remove and replace existing cross pipe, ditch reconditioning, ditch reconstruction, shoulder reconstruction.

DSR 2019 1.24

(TR 527 – Big Run Trail)

Trail bridge abutment reconstruction and bridge replacement

0.23

Remove and replace pedestrian trail bridge to reconstruct abutments, reconstruct gabion abutments, backfill behind abutments, riprap abutment protection, repair aggregate surface trail approach.

DSR 2019 1.25

(TR 556 – Eliza Trail

Trail bridge abutment reconstruction and bridge replacement

0.25

Remove and replace pedestrian trail bridge to reconstruct abutments, reconstruct gabion abutments, backfill behind abutments, riprap abutment protection, repair aggregate surface trail approach.

Environmental Commitments and Mitigation Measures The following mitigation measures will be implemented as part of the project:

• No trees will be cleared during the active bat season from April 1 to November 15.

• For sites adjacent to candy darter critical habitat, a FHWA construction engineer will be on-site throughout construction to ensure that contract requirements are being observed.

• Triple stacked fiber roll with a minimum diameter of 12-inches will be utilized.

• Erosion and sediment control BMPs will be inspected once every four calendar days and within 24 hours after any storm event greater than 0.25 inches per 24-hour period, or the occurrence of runoff from snow melt sufficient to cause a discharge; immediate repair of BMPs; permanent seeding and mulching within 4 days of reaching final grade; and, EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05) temporary seeding and mulching within 4 days when areas will not be disturbed for more than 14 days.

• For sites adjacent to potential candy darter habitat (DSR 2018 1.1-1.4, DSR 2018 1.2-1.3, DSR 2018 2.1, DSR 2018 2.2, DSR 2018 2.4-2.5, DSR 2019 1.1, and DSR 2019 1.2), stream bank work will be completed during low flow conditions from the months of July through October to the extent possible. No in-water work would occur during the months of April through June when candy darters are spawning.

• Embankment repairs will be completed using equipment stationed on the existing road and no equipment will enter Williams River, Little River, or South Fork Cranberry River.

Summary of Section 7 of the Endangered Species Act Compliance FHWA used the USFWS Information for Planning and Consultation (IPAC) website to obtain a current list of federally listed threatened and endangered species that may occur in the project area or may be affected by the proposed project. The IPAC listed 11 listed, proposed or candidate species with potential to occur. FHWA contracted WSP Inc. to conduct environmental surveys for these federal-listed species within the project sites. Surveys were conducted between June 19 and June 24, 2024. In May 2025, USFS biologist conducted surveys of structures that may provide suitable habitat for bats and found no evidence of bats.

Section 7 consultation under the Endangered Species Act (ESA) was initiated on March 25, 2025 with the USFWS West Virginia Field Office. On April 30, 2025, the USFWS requested additional information to support the impact assessment for a few species. FHWA provided the additional information on June 6, 2025. On July 9, 2025, the USFWS provided their approval of the Cheat Mountain salamander survey and results. This assessment is valid for 10 years. The USFWS also approved of the structure and bridge surveys for the federally listed bat species and these assessments are valid for two years. The USFWS has not provided the concurrence on the determination of effects for the federally listed species to date. Based on the above information, FHWA is proceeding with reasonable assurance per 23 CFR 771.133 that compliance with Section 7 of the ESA will be met prior to construction. No construction activities will take place until consultation under Section 7 of the ESA is complete.

Based on the evaluation of the project, it has been determined that the project would have no effect on the Virginia big-eared bat (Corynorhinus townsendii), Virginia spiraea (Spiraea virginiana), or the green floater (Lasmigona subviridis). The project may affect but is not likely to adversely affect the northern long-eared bat (Myotis septentrionalis), Indiana bat (Myotis sodalis), small whorled pogonia (Isotria medeoloides), Cheat Mountain salamander (Plethodon nettingi), rusty patched bumble bee (Bombus offinis), candy darter (Etheostoma osburni) and its critical habitat. In addition, it was determined the project is not likely to jeopardize the continued

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05) existence of the proposed species that include the tricolored bat (Perimyotis subflavus), monarch butterfly (Danaus plexippus) or the eastern hellbender (Cryptobranchus alleganiensis). If these species are formally listed before the project is completed, FHWA will reinitiate consultation.

Summary of Section 106 of the National Historic Preservation Act Compliance FHWA contracted with WSP Inc. to perform a cultural resource survey of the project sites and WSP obtained a permit from USFS to conduct archeological investigations on National Forest System lands. In July 2024, WSP performed a Phase I archeological survey and a historic architecture survey within the 24 project locations. The archeological investigation included the excavation of 172 shovel test probes. No archeological artifacts were identified. Two previously recorded structures were also evaluated, the Snyder Run Bridge and a box culvert associated with the West Fork Railroad Grate situated project sites DSR 2019 1.18 and DSR 2018 2.8, respectively. FHWA determined that the Snyder Run Bridge is a contributing resource to the WVC&P Railway Historic District and that repair of the wingwall and riprap to stabilize the structure would not affect the eligibility of the historic district. The Snyder Run Bridge was determined to not be eligible for inclusion on the National Register of Historic Places (NHRP) as it does not retain its historic character. FHWA determined that the West Fork Culvert was eligible for listing on the NRHP and that removal of the culvert would result in an adverse impact. The WV State Historic Preservation Officer (SHPO) was consulted with on March 24, 2025. In the SHPO’s first correspondence on April 15, 2025, they concurred that the Snyder Run Bridge was not eligible and that no further archeological investigations are needed. After review of the site forms prepared for the two structures, the SHPO responded on May 29, 2025, that it disagreed with FHWA’s determination of eligibility and that the West Fork Culvert has lost integrity and does not meet the criteria for evaluation for inclusion on the NHRP. Therefore, no historic properties will be affected by the project.

Additional Agency Coordination and Compliance

Forest Plan Compliance The project occurs entirely within the Monongahela National Forest and has been reviewed by USFS specialists that found the project to be consistent with the direction set forth in the 2006 Monongahela National Forest Land and Resource Management Plan (“Forest Plan”, updated in 2011) and therefore the National Forest Management Act.

Multiple sites are located along the Williams River, a portion of which is eligible inclusion in the National Wild and Scenic Rivers System under provisions of the Wild and Scenic Rivers Act with a recreational designation. The proposed actions would improve/repair conditions of existing infrastructure and would not compromise the outstandingly remarkable value, EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05) classification, or free-flowing character of the Williams River, thus complying with Forest Plan Standard WS03.

US Forest Service Extraordinary Circumstance Review (36 CFR 220.6b) Resource conditions unique to the USFS that should be considered in determining whether extraordinary circumstances exist were reviewed during the environmental analysis. USFS specialists reviewed the project for impacts to Regional Forester Sensitive Species (RFSS) per Forest Service Manual 2672. WSP Inc. also surveyed the project sites in July 2024 for the presence of RFSS plants and found none. As such the USFS specialists have determined that project activities may impact some individuals of RFSS but will not likely contribute to a trend towards federal listing or loss of viability to the population or species. A full list of RFSS species impacts can be found in the project record.

Sites are not located within any congressionally designated areas (wilderness areas, wilderness study areas, national recreational areas) or research natural areas. As roads often serve as the boundary for Inventories Roadless Areas (IRAs), about half of the sites are located on the boundary of IRAs. The proposed actions will replace/repair existing infrastructure; hence, there would be no impact to any of the adjacent IRAs and the work would actually enhance the roadless characteristic of “High quality or undisturbed soil, water, and air” in the adjacent IRAs by repairing the flood damage and reducing sediment introduction into streams.

Clean Water Act 402 Section 402 / National Pollutant Discharge Elimination System: A few project sites have ground disturbance that is over 1 acre and will require preparation of a Stormwater Pollution Prevention Plan (SWPPP) and Notice of Intent to be filed with the WV Department of Environmental Protection (WVDEP). Per the EPA (2025), “Where discrete construction projects within a larger common plan of development or sale are located at least ¼ mile apart and the area between the projects in not being disturbed, each individual project can be treated as a separate plan of development…” Thus the other project sites that are less than an acre will not require an NPDES permit but will be subject to strict erosion and sediment control.

Clean Water Act 404/401 and State Permits Permits for work in waters of the US and state will be obtained prior to implementation of the project. Conditions of all permits will become requirements of the construction contract issued for the project. Final compliance with the conditions of all issued permits will be the responsibility of FHWA. The following list of permits are anticipated for the project:

• CWA Section 404 Nationwide Permit / CWA Section 401 Water Quality Certification

• West Virginia Stream Activity Permit

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

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

Signature

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

Categorical Exclusion Concurrence:

As the responsible official of the cooperating agency on this NEPA analysis, I concur with the Federal Highway Administration’s determination and categorical exclusion of the repairs to the sites included in project WV ERFO FS MNGAH921 2018 1(1).

Cynthia Sandeno Forest Supervisor Monongahela National Forest United States Forest Service

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05)

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(05)

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:

Regional Forester Sensitive Species per Forest Service Manual 2672 (described above) CWA 402, 404, 401 and WV Stream Activity Permit are required.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(05) i 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 Tricolored Bat Perimyotis subflavus Proposed Endangered Virginia Big-eared Bat Corynorhinus townsendii

Endangered

Fish Candy Darter* Etheostoma osburni Endangered Candy Darter Critical Habitat Amphibians Cheat Mountain Salamander Plethodon nettingi Threatened Mussels Green Floater Lasmigona subviridis Proposed Threatened Insects Rusty Patched Bumblebee Bombus affinis Endangered Monarch butterfly Danaus plexippus Proposed Threatened Plants Small-whorled Pagonia Isotria medeoloides Threatened Virginia Spiraea Spiraea virginiana Threatened

References

EPA 2025. Construction General Permit (CGP) Frequent Questions. Accessed on the internet at:

https://www.epa.gov/npdes/construction-general-permit-cgp-frequent-questions.

USDA 2006 (updated 2011). Monongahela National Forest Land and Resource Management Plan.

Monongahela National Forest, West Virginia.

https://www.epa.gov/npdes/construction-general-permit-cgp-frequent-questions