Categorical Exclusion Form (NEPA) .pdf

EFLHD NEPA Categorical Exclusion Form

NP-NAMA 12(3)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP-NAMA 12(3) Date: 10/10/2019

Project Name: Resurfacing of East Basin Drive, Rehabilitation of Outlet Bridge, and Construction of a Two-Way Cycle Track

Location: Washington, District of Columbia

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, National Mall and Memorial Parks (NPS NAMA), in cooperation with the Federal Highway Administration, Eastern Federal Lands Highway Division (FHWA- EFL HD), proposes to mill and overlay 0.53 miles of asphalt pavement on East Basin Drive from Inlet Bridge to Maine Avenue, rehabilitate Outlet Bridge, and construct a cycle track from Jefferson Memorial to Maine Avenue.

Resurfacing work includes applying pavement markings and milling and overlaying asphalt pavement. Bridge rehabilitation work includes replacing the bridge wearing surface with a latex modified concrete overlay, conducting structural concrete injection and crack repair, cleaning and spot painting of the steel beams, cleaning and sealant coating of the existing exposed rebar on the east arch fascia, repairing the concrete spalling on the underside of the bridge deck, cleaning and resealing joints, repairing cracks on the abutment backwalls, repointing stone masonry, rehabilitating the seawalls, repairing erosion at the northeast embankment, and other miscellaneous work.

A two-way cycle track will be constructed from the Jefferson Memorial to Maine Avenue. The proposed cycle track would extend the existing cycle track that currently terminates at the Jefferson Memorial. The cycle track is proposed to be a total width of ten feet, consisting of two four-foot lanes and one two-foot buffer/median. Vehicle lane widths along East Basin Drive and Ohio Drive will be reduced to ten feet to accommodate the proposed cycle track.

Soil disturbing activities include placing riprap for erosion holes along the seawalls, placing concrete for undermining sidewalk slabs, and repointing stone masonry wingwalls. The total area of soil disturbance for the project is approximately 0.07 acres.

https://www.ecfr.gov/cgi-bin/text-idx?SID=842bb87055f89f1d0ff242f2b9e20ff7&mc=true&node=pt23.1.771&rgn=div5#se23.1.771_1117

Environmental Commitments and Mitigation Measures For the proposed project actions to be in regulatory compliance during construction and/or project implementation, the following mitigations must be adhered to:

- Comply with the Migratory Bird Act of 1918. Birds, especially swallows, tend to utilize bridge structures/beams to nest. Ensure the nests of migratory birds are not damaged by timing the project outside of nesting period and/or visual inspection of vegetation before it is treated or removed. Bridge work shall occur between August 16 and March 14 only to avoid bird breeding periods.

- Do not disturb wildlife species found nesting, hibernating, estivating, or otherwise living in, or immediately nearby, the work site. Prior to any bridge work, ensure nesting birds will not be impacted. If a nest is found, work shall stop; work may commence once the bird fledges the nest, or the nest is no longer active. If birds are encountered during construction activities, cease work and notify the CO and NPS natural resource staff immediately. Continue construction activities upon approval by the CO.

- In the event of the discovery of a Federally-listed migratory bird or the threatened Northern Long-eared Bat at the project site, that will be affected by project work, work will halt and the CO and Park natural resource staff will be contacted. Work will resume once the CO and/or Park biologist gives approval to resume. If work outside of the previously defined areas becomes necessary, the CO is to be contacted prior to the start of this work.

Summary of Section 7 of the Endangered Species Act Compliance The NPS Superintendent and Interdisciplinary team reviewed the scope of work, supporting documentation, and completed Endangered Species Act consultation. The NPS determined the proposed project will have no significant impacts on species listed or proposed to be listed on the List of Endangered or Threatened Species, nor will have significant impacts on designated Critical Habitat for these species.

FHWA also reviewed the project and consulted with the U.S. Fish and Wildlife Service’s (FWS) Environmental Conservation Online System (ECOS) Information for Planning and Consultation (IPaC) project planning tool. An October 2019 search in the U.S. FWS ECOS IPaC tool identified one (1) threatened Northern Long-eared Bat, 24 migratory birds, and known wetland areas (R5UBH; Riverine Unknown Perennial Unconsolidated Bottom Permanently Flooded) that may occur within the boundary of the proposed project and/or may be affected by the proposed project. The Northern Long-eared bat will not be exposed directly or indirectly to the proposed action nor will be exposed to any resulting environmental changes. FHWA agrees with the NPS and determined that the project will have no effect on the species.

Summary of Section 106 of the National Historic Preservation Act Compliance The NPS completed NHPA compliance consultation in September 2019. The area of potential effect (APE) is restricted to East and West Potomac Parks, specifically East Basin Drive Southwest between the entrance to the Jefferson Memorial and where it meets Maine Avenue Southwest. The APE has been surveyed to identify historic properties.

The only historic resource within the APE is the Outlet Bridge for the Tidal Basin. This project will consist only of in-kind repairs to the resources to prevent their continued deterioration and loss of integrity. The cultural landscape of the Jefferson Memorial abuts the APE; however, this project will have no adverse effect since it is restricted to replacement in-kind for existing resources.

There are no archeological sites within the APE and this project will have minimal ground disturbance. The entire formation of East and West Potomac Parks is reclaimed land placed upon silt deposits that were artificially created during the 18th and 19th centuries. The APE is also limited to existing roadway and land that was previously disturbed to build the existing roadways. There is no archeological integrity in the APE.

The Park NHPA Specialist recommended a streamlined review for project activities and found no adverse effects. Per the NPS Categorical Exclusion Form, the proposed action meets all conditions for a streamlined review under Section III, “Repair/Resurfacing/Removal of Existing Roads, Trails, and Parking Areas,” of the 2008 Servicewide Programmatic Agreement for Section 106 compliance.

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 13007, 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 adverse effect and categorically excluded the project from further analysis, as documented in the Categorical Exclusion Form dated September 20, 2019, under the categorical exclusion DOI 516 Departmental Manual (DM) 12.5(C)(9) Repair, resurfacing, striping, installation of traffic control devices, repair/replacement of guardrails, etc. on existing roads.

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 AE, areas subject to inundation by the 1-percent-annual-chance flood event

• ☒ Project is consistent with Executive Order 11988, Floodplain Management Section 4(f) of the USDOT Act:

• Does the project meet the Section 4(f) exemption for Federal lands transportation facilities under Section 1119(c)(2) of MAP-21, 23 U.S.C. 138(a)? ☒ Yes ☐ No

• Is there a use of a Section 4(f) property in the study area? ☐ Yes ☒ No If Yes: ☐ De Minimis Finding ☐ Programmatic ☐ Individual 4(f)

Section 6(f) of the Land and Water Conservation Fund:

• Was the property purchased with grant funds from the Land and Water Conservation Fund?

☐ 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

Proposed project actions have the potential to occur in an Ozone 8-hr (1997 standard) nonattainment area, an Ozone 8-hr (2008 standard) maintenance area, an Ozone 8-hr (2015 standard) nonattainment area, a PM2.5 annual (1997 standard) maintenance area, and a CO (1990 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

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:

Not applicable i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: Threatened Northern Long-eared Bat (Myotis septentrionalis) and 24 migratory birds protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act

October 10, 2019

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Chesapeake Bay Ecological Services Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401-7307

Phone: (410) 573-4599 Fax: (410) 266-9127 http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

In Reply Refer To:

Consultation Code: 05E2CB00-2020-SLI-0049 Event Code: 05E2CB00-2020-E-00117 Project Name: NP-NAMA 12(3)

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. This species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

10/10/2019 Event Code: 05E2CB00-2020-E-00117 2

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:

http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Wetlands

10/10/2019 Event Code: 05E2CB00-2020-E-00117 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Chesapeake Bay Ecological Services Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401-7307

(410) 573-4599

10/10/2019 Event Code: 05E2CB00-2020-E-00117 2

Project Summary Consultation Code: 05E2CB00-2020-SLI-0049

Event Code: 05E2CB00-2020-E-00117

Project Name: NP-NAMA 12(3)

Project Type: TRANSPORTATION

Project Description: The National Park Service, National Mall and Memorial Parks, in coordination with the Federal Highway Administration, Eastern Federal Lands Highway Division (FHWA-EFL HD) propose to mill and overlay asphalt pavement on East Basin Drive and rehabilitate Outlet Bridge.

Work also includes removing, repairing, and overlaying asphalt concrete pavement; cleaning and resealing joints; conducting structural concrete injection and crack repair; painting structural steel; repointing stone masonry; applying pavement markings; and other miscellaneous work.

Soil disturbing activities include placing riprap for erosion holes along the seawalls, placing concrete for undermining sidewalk slabs, and repointing stone masonry wingwalls.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/38.881909070299116N77.0337750223445W

Counties: District of Columbia, DC https://www.google.com/maps/place/38.881909070299116N77.0337750223445W https://www.google.com/maps/place/38.881909070299116N77.0337750223445W

10/10/2019 Event Code: 05E2CB00-2020-E-00117 3

1.

Endangered Species Act Species There is a total of 1 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 1 of these species should be considered only under certain conditions.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Mammals

NAME STATUS

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

Projects with a federal nexus that have tree clearing = to or > 15 acres: 1. REQUEST A

SPECIES LIST 2. NEXT STEP: EVALUATE DETERMINATION KEYS 3. SELECT

EVALUATE under the Northern Long-Eared Bat (NLEB) Consultation and 4(d) Rule Consistency key

Species profile: https://ecos.fws.gov/ecp/species/9045

Threatened

Critical habitats

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S

JURISDICTION.

https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/9045

USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

http://www.fws.gov/refuges/

Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

RIVERINE

R5UBH

http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=R5UBH