Categorical Exclusion Form (NEPA).pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) PR FS Route 27 Slide Site FAA

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: PR FS Route 27 Slide Site FAA Date: 11/2/2020

Project Name: Reconstruction of Landslide Along FS-27 Milepost 1.1

Location: EL Yunque National Forest Rio Grande and Naguabo, Puerto Rico

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 Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), Forest Service (FS), and Federal Aviation Administration (FAA) will repair a landslide on FS-27 in El Yunque National Forest (EYNF) that was caused by Hurricane Maria in September 2017.

FS-27 is a 15-foot wide paved roadway approximately 3.3 miles in length which provides the only access to the radar located at Pico del Este. A second smaller landslide located approximately 300 feet to the north, but on the opposite side of the road, will also be repaired.

Repairs will consist of excavation of unstable material, construction of the retaining walls, embankment construction, asphalt concrete pavement reconstruction, and shoulder and ditch reconditioning.

Environmental Commitments and Mitigation Measures Erosion Control Measures:

Sediment control measures including sediment barriers, diversion berms, and drainage piping will be used as necessary. No hay bales can be used.

At the end of project, slopes will be recontoured to eliminate any compaction, rutting or channeling of water during rain events to minimize erosion.

When soil is saturated from heavy rain events, earth movement and excavations will be suspended. Project continuation will be contingent upon weather conditions.

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

Erosion control materials will be made of biodegradable materials (preferably from coconut fiber, erosion control mat) or removed from the site at the end of the sediment control plan period. The plastic in straw waddles will be removed at the end of the sediment control plan period if used. No hay bales will be used and plastic monofilament mesh will be avoided, since snakes and birds are easily ensnared.

Seeding and fertilizer will not be used for erosion control. The Forest Ecologist must approve any species to be planted in advance.

Puerto Rican Boa Protection Measures:

Before starting equipment at the beginning of each day, wheels, wheel wells, grills and engines will be inspected for boas.

Before heavy equipment including excavator, tractor, roller, are used in an area, a qualified person will inspect equipment to search for and remove boas from the equipment.

Before heavy equipment begins operations in areas with woody debris, trees, or logs, a qualified person will search for and remove boas from the area prior to using heavy equipment. The boas will be relocated to adjacent forested areas away from the work area with woody debris and in the shade of the canopy of the trees.

All instances where boas are seen, seen and relocated, or harmed, will be documented.

Documentation will include: Date, time, latitude and longitude of location of boa, type of action taken with boa (if any), and any harm to boa.

Puerto Rican Broad-winged Hawk (PRBWH) Protection Measures:

Where active PRBWH nests are known:

o An area of 300-meter radius will be secured, taking the nest tree, perch tree or site where the PRBWH was observed as the central point.

o No construction work will be allowed within a 200-meter perimeter during the breeding season (January to June).

o No cutting or removal of mature trees with a DBH greater or equal to 25cm and with a height greater or equal 15m will be allowed within the perimeter.

o In areas where the PRBWH has been seen, vegetation will be cleared outside of the breeding season. Exceptions on clearing vegetation avoidance may occur, but only on no suitable habitat for the species and where a minimal area of vegetation may need to be removed during nesting season.

For construction between June-December, the areas to be impacted will be searched before initiating work.

o Although low probability, if any listed birds are found displaying courtship behavior or nesting, do not disturb the birds and walk away from the area. Locate

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) flagging tape on a nearby tree (within 10 meters) recording a compass bearing and distance to nest or bird location to avoid disturbing the animals.

o No heavy machinery will be operated in this area to avoid disturbing the birds. A 20 meters exclusion zone around the sighting will be clearly established. Do not begin any type of work in that area and conduct further searches to ensure there is no nesting or courtship activity.

Prevention of the Spread of Invasive Weeds:

All equipment operating off of paved roads are to be clean before entering EYNF. Clean means no dirt and no plant parts. Upon entering EYNF, the Forest Ecologist or Biological Technicians will inspect equipment to verify it is clean before it enters EYNF. The Project Manager should coordinate with the Forest Ecologist at least a week in advanced the equipment inspection.

Weed free straw is to be used when possible.

Plant Protection Measures:

All individuals of Laurel Sabino (Magnolia splendens), Beruquillo (Marlierea sintenisii), Woodbury’s Nightshade (Solanum woodbury), Ilex sintenisii will be marked and, if feasible, transplanted to avoid damage to the plants.

Elfin Woods Warbler Protection Measures:

Woody vegetation removal will be minimized to the maximum extent possible to minimize habitat impacts.

Healthy Tabebuia rigida trees growing in the project area will be relocated and transplanted, if possible, in nearby forest to minimize the loss of these slow growing trees. If relocation is not possible, the trees will be clearly marked with flagging and GPS coordinates will be taken.

General Mitigation Measures:

Food and food container trash will be removed from the site daily.

No feeding of wild animals nor domestic animals on the EYNF will occur.

Music will not be played at the work sites.

Tree cutting will not be permitted without prior approval from the FS.

No woody vegetation will be removed from the forest, unless otherwise permitted.

Cultural Resources:

Care will be taken to avoid damaging the historic drainage structure composed of a culvert, drainpipe, and retaining wall present in the project area near Slide #1 (minor landslide).

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) PR FS Route 27 Slide Site FAA

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Summary of Section 7 of the Endangered Species Act Compliance A Biological Assessment (BA) was prepared to analyze the impacts to Federally-listed species that are potentially present in the project area, which included: Elfin-woods Warbler (Setophaga angelae) Ilex sintenisii; and, Elfin-Woods Warbler (Setophaga angelae) critical habitat. In a letter dated September 2, 2020, FHWA submitted the BA to the U.S. Fish and Wildlife Service (FWS), and requested concurrence with their determination that the project implemented with the mitigation measures and Best Management Practices outlined in the BA may affect, but is not likely to adversely affect Federally-listed species or their critical habitat.

In a letter signed on November 2, 2020, the FWS concurred with FHWA’s determination that the proposed action may affect, but is not likely to adversely affect the above referenced species, and that no adverse impacts to designated critical habitat are anticipated.

Summary of Section 106 of the National Historic Preservation Act Compliance A Cultural Resource Survey was conducted to identify archeological sites and components of historic reads that could be impacted by the proposed undertaking. FS 27, also known as East Peak Road, is an extension of the historic road PR 930. Historically, PR 930 was a loop that connected to PR 191. FS 27 was built in 1962 and leads to the FAA facility and to decommission U.S. Navy facilities on the East Peak (East Peak Communications Site Historic District). One built resource exceeding 50 years of age was identified: a drainage structure composed of a culvert, drain pipe, and retaining wall components. The structure is located in close proximity to Slide #1. The culvert and drop drain components are situated on the north side of FS 27. The southern gutter and retaining wall have both been undercut by erosion. This resource appears to constitute a contributing element to the East Peak Communications Site Historic District. No in situ archaeological sites were identified.

In a letter dated April 6, 2020, FHWA submitted the Cultural Resource Survey to the Puerto Rico State Historic Preservation Officer and requested concurrence with their determination that the proposed undertaking would have no adverse effect on historic resources. The SHPO responded in a letter dated August 10, 2020, that, “With the implementation of the protection measures you proposed in your letter digitally signed on April 6, 2020, we agree with your finding of no adverse effect for this undertaking.”

Additional Agency Coordination and Compliance n/a

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

Per 23 CFR § 771.117 (e), actions described in (c)(26), (c)(27), and (c)(28) of this section may not be processed as CEs under paragraph (c) if they involve:

Project Finding:

(1) An acquisition of more than a minor amount of right-of-way or that would result in any residential or non-residential displacements;

Right-of-way acquisition is not required.

(2) An action that needs a bridge permit from the U.S. Coast Guard, or an action that does not meet the terms and conditions of a U.S. Army Corps of Engineers nationwide or general permit under section 404 of the Clean Water Act and/or section 10 of the Rivers and Harbors Act of 1899;

No U.S. Coast Guard bridge permit or U.S.

Army Corps of Engineers permit is needed.

(3) A finding of “adverse effect” to historic properties under the National Historic Preservation Act, the use of a resource protected under 23 U.S.C. 138 or 49 U.S.C. 303 (section 4(f)) except for actions resulting in de minimis impacts, or a finding of “may affect, likely to adversely affect” threatened or endangered species or critical habitat under the Endangered Species Act;

SHPO concurred with finding of no adverse effect. FWS concurred with finding of may affect, not likely to adversely affect.

(4) Construction of temporary access or the closure of existing road, bridge, or ramps that would result in major traffic disruptions;

Construction will not result in major traffic disruptions.

(5) Changes in access control; Not applicable.

(6) A floodplain encroachment other than functionally dependent uses (e.g., bridges, wetlands) or actions that facilitate open space use (e.g., recreational trails, bicycle and pedestrian paths); or construction activities in, across or adjacent to a river component designated or proposed for inclusion in the National System of Wild and Scenic Rivers.

No floodplains or rivers designated/proposed for inclusion in the National System of Wild and Scenic Rivers are present in the project area.

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.

Lisa T. Landers Environmental Protection Specialist

Federal Highway Administration

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

KEVIN S ROSE Digitally signed by KEVIN S ROSE Date: 2020.11.02 12:04:30 -05'00'

LISA THAXTON

LANDERS

Digitally signed by LISA

THAXTON LANDERS

Date: 2020.11.02 13:26:17 -05'00'

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

Appendix A: Environmental Checklist

Section 7 of the Endangered Species Act:

Are Federally-listed species potentially present in the study area? Yes, see Notesi No

If Yes, effects determination:

No Effect May Affect, Not Likely to Adversely Affect May Affect, Likely to Adversely

Affect Section 106 of the National Historic Preservation Act:

Are historic properties known to be present in the study area? Yes No If Yes, will they be impacted by the project? Yes No

Will previously undisturbed ground be disturbed?

Yes No

Effects determination:

No Historic Properties Affected No Adverse Effect Adverse Effect, MOA Executed

Was tribal consultation completed? Yes No Water and Wetlands:

Section 404 of the Clean Water Act Are impacts to Waters of the US anticipated? Yes No If Yes, approval anticipated:

Nationwide Permit (NWP) Regional General Permit Individual Permit Section 401 of the Clean Water Act

NWP certified by State Individual Certification Section 402 of the Clean Water Act (National Pollutant Discharge Elimination System)

Will the land disturbance threshold likely be exceeded to require a permit and SWPPP?

Yes No

Is post-construction stormwater management review/approval anticipated? Yes No Project is consistent with Executive Order 11990, Protection of Wetlands

Floodplains:

Is the project in a FEMA floodplain?

Yes No Floodplain not mapped Project is consistent with Executive Order 11988, Floodplain Management

Section 4(f) of the USDOT Act:

Does the project meet the Section 4(f) exemption for Federal lands transportation facilities under

Section 1119(c)(2) of MAP-21, 23 U.S.C. 138(a)? Yes No Is there a use of a Section 4(f) property in the study area? Yes No

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.

Environmental Justice and Title IV Act:

Is an Environmental Justice population, as identified in Executive Order 12898, present?

Yes, explanation provided in Notes section No Will the project induce disproportionately high and adverse impacts to minority, low income, or special groups? Yes, additional analysis is needed No Farmland Protection Policy Act for Highway Projects:

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

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

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

i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: Elfin-woods Warbler (Setophaga angelae), Ilex sintenisii; and, Elfin-Woods Warbler (Setophaga angelae) critical habitat.

Eastern Federal Lands Highway Division

21400 Ridgetop Circle Sterling, VA 20166-6511

SENT VIA ELECTRONIC CORRESPONDENCE

Caribbean Ecological Services Field Office U.S. Fish and Wildlife Service P.O. Box 491 Boquerón, Puerto Rico 00622

Subject: FS-27 Ridge Slide Repair El Yunque National Forest Request for Section 7 Concurrence

Dear Caribbean Ecological Services Field Office:

The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), Forest Service (FS), and Federal Aviation Administration (FAA) propose to repair a landslide on FS-27 in El Yunque National Forest (EYNF) that was caused by Hurricane Maria in September 2017. FS-27 is a 15-foot wide paved roadway approximately 3.3 miles in length which provides the only access to the radar located at Pico del Este. A second smaller landslide located approximately 300 feet to the north, but on the opposite side of the road, would also be repaired.

Repairs would consist of excavation of unstable material, construction of the retaining walls, embankment construction, asphalt concrete pavement reconstruction, and shoulder and ditch reconditioning.

The U.S. Fish and Wildlife Service (FWS)’s Information for Planning and Consultation (IPaC) system was used to obtain a species list and coordination with the FS was completed to confirm which Federally-listed species are potentially present in EYNF. Field surveys were conducted and a Biological Assessment (BA) has been prepared to analyze impacts to the Elfin-woods Warbler (Setophaga angelae) and its critical habitat and Ilex sintenisii.

The FHWA and the FS have determined that the project implemented with the mitigation measures outlined in the BA may affect, but is not likely to adversely affect Federally-listed species or their critical habitat. A summary of the field surveys that were conducted and analysis that was completed to support this determination is presented in the BA. The BA is attached for your review. FHWA respectfully request your review of the proposed project and concurrence with our determination within 30 days of receipt of this letter.

In Reply Refer to: HFPP-15

21400 Ridgetop Circle Sterling, VA 20166-6511

If you require any additional information, or have any questions, please contact Ms. Lisa Landers, Environmental Protection Specialist, at Lisa.Landers@dot.gov or (571) 434-1592.

Sincerely, Kevin S. Rose Environmental Compliance Specialist

Attachment cc:

Ms. Jacqueline C. Belmonte, Project Manager, Infrastructure, NAS Defense Programs, Federal Aviation Administration Ms. Jessica Ilse, Forest Biologist, El Yunque National Forest Mr. William Medina, Staff Officer, El Yunque National Forest

KEVIN

S ROSE

Digitally signed by

KEVIN S ROSE

Date: 2020.09.02 12:07:36 -04'00'

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Caribbean Ecological Services Field Office

PO Box 491 Boquerón, PR 00622

In Reply Refer To:

FWS/R4/CESFO/72119-058

Mr. Kevin S Rose Environmental Specialist Eastern Federal Lands Highway Division 21400 Ridgetop Circle Sterling, VA 20166-6511

Re: HFPP-15, Repair a Landslide on FS-27 in El Yunque National Forest, Puerto Rico

Dear Mr. Rose:

This is in reply to your letter regarding the repair a landslide on FS-27 in El Yunque National Forest (EYNF) and enclosed Biological Assessment (BA). Our comments are issued as technical assistance in accordance with the Endangered Species Act (16 U.S.C. 1531 et seq. as amended).

FS-27 is a 15-foot wide paved roadway approximately 3.3 miles in length, which provides the only access to the radar located at Pico del Este. Repairs would consist of excavation of unstable material, construction of the retaining walls, embankment construction, asphalt concrete pavement reconstruction, and shoulder and ditch reconditioning.

The BA identified two federally listed species within the project area, the Elfin-woods Warbler (Setophaga angelae) and its critical habitat and the listed plant Ilex sintenisii. The BA provides the following information regarding the warbler: During the field work undertaken for the BA, the species was not detected visually or by the bio-acoustic recorders. However, on January 2020 the species presence was confirmed in the vicinity of another project (PR -191, km 13.1) during preparation of another BA. According to habitat mapping from 2014, the proposed FS-27 project area includes no prime habitat for the Elfin-woods Warbler, and less than an 0.22 acre of intermediate quality habitat. The approximately, 3.71 acres of the total project area is considered unsuitable habitat. These habitats were impacted by Hurricane María through complete defoliation, tree mortality, and the breakage of remaining trees. Based on the above the project may affect, but not likely to adversely affect individual Elfin-woods Warbler or designated critical habitat on the EYNF.

For Ilex sintenisii, surveys located several individuals within the project action area. The landslide repair is not anticipated to alter any habitat components because all individuals alongside the road will be clearly marked with flagging and coordinates taken with GPS. Since

Mr. Rose 2 there are no direct effects to the species the project may affect, but not likely to adversely affect Ilex sintenissi in the EYNF.

We have reviewed the information provided in your letter and that in our files and concur with your determination that the proposed action may affect, but is not likely to adversely affect, the above referenced species. No adverse impacts to designated critical habitat are anticipated.

In view of this, we believe that requirements of section 7 of the Endangered Species Act (Act) have been satisfied. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner that was not previously considered; (2) this action is subsequently modified in a manner not previously considered in this assessment; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action.

Thank you for the opportunity to comment on his action, if you have any questions please contact Felix Lopez of my staff at (787) 510-5208.

Sincerely yours, Edwin E. Muñiz Field Supervisor fhl cc:

DNER, San Juan

EDWIN

MUNIZ

Digitally signed by EDWIN

MUNIZ

Date: 2020.11.02 11:02:40 -04'00'

21400 Ridgetop Circle Sterling, VA 20166-6511

SENT VIA ELECTRONIC CORRESPONDENCE

Mr. Carlos A. Rubio-Cancela Director Oficina Estatal de Conservación Histórica State Historic Preservation Office P.O. Box 9023935 San Juan, PR 00902-3935

Subject: FHWA Project#: PR Route 27 Slide Repairs El Yunque National Forest Request for Concurrence

Dear Mr. Rubio-Cancela, The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), in cooperation with the Federal Aviation Administration (FAA) and the United States Forest Service proposes to repair two slides located on FS 27 in El Yunque National Forest. FHWA will serve as the lead Federal agency for National Historic Preservation Act Section 106 compliance.

The slides beginning at 18.28328889°N, - 65.77551167°W and ending at 18.28199167°N, -65.7736444°W were caused by Hurricane Maria. A location map is attached, which depicts the locations of the two slides. The area of potential effect (APE) includes a buffer around the approximate construction limits. A Cultural Resource Survey report was completed in order to examine the APE for archaeological resources and identify and delineate all structures over 50 years of age that may be affected by the project. The APE is depicted in the report.

FS 27, also known as East Peak Road, is an extension of the historic road PR 930. Historically, PR 930 was a loop that connected to PR 191. FS 27 was built in 1962 and leads to the FAA facility and to decommission U.S. Navy facilities on the East Peak (East Peak Communications Site Historic District). One built resource exceeding 50 years of age was identified: a drainage structure composed of a culvert, drain pipe, and retaining wall components. The structure is located in close proximity to Slide #1. The culvert and drop drain components are situated on the north side of FS 27. The southern gutter and retaining wall have both been undercut by erosion.

This resource appears to constitute a contributing element to the East Peak Communications Site Historic District. No in situ archaeological sites were identified.

The proposed repair of the minor landslide (Slide #1) is to construct a riprap buttress with a 1V:1.5H slope adjacent to and in front/downslope of (but not connected to) the retaining wall located at the west side of the slide. The repair would not impact the southern gutter and retaining wall. Language will be added to the construction contract to protect these historic features from being damaged during construction. Slide #2 would be repaired by constructing an

In Reply Refer to: HFPP-15

21400 Ridgetop Circle Sterling, VA 20166-6511 anchored soldier pile wall. The soldier pile wall located within the limits of the extensive land slide would be approximately 32 feet high and 275 feet long, and would have no impact on historic properties.

FHWA respectfully requests your review of this undertaking and concurrence that the proposed undertaking would have no adverse effect on historic properties. Enclosed you will find a copy of the draft Cultural Resource Survey report for your review. Please provide us with your response and comments within 30 days of receipt of this letter. If you require any additional information, or have any questions, please contact Ms. Lisa Landers, Environmental Protection Specialist, at Lisa.Landers@dot.gov or (571) 434-1592.

Sincerely, Enclosure cc:

Mr. Raymond Feliciano, Heritage Program Manager, El Yunque National Forest Mr. William Medina, Staff Officer, Engineering, Property, O&M Staff Officer, El Yunque

National Forest Ms. Elba Díaz, Executive Assistant, Oficina Estatal de Conservación Histórica Ms. Jacqueline C. Belmonte, Project Manager, Infrastructure, NAS Defense Programs, Federal

Aviation Administration

KEVIN S

ROSE

Digitally signed by

KEVIN S ROSE

Date: 2020.04.06 13:11:41 -04'00'

C u a r t e l d e B a l l a j á , S a n J u a n , P R • P O B o x 9 0 2 3 9 3 5 , S a n J u a n , P R 0 0 9 0 2 - 3 9 3 5 • w w w . o e c h . p r . g o v • 7 8 7 - 7 2 1 - 3 7 3 7

August 10, 2020

Federal Highway Administration Eastern Federal Lands 21400 Ridgetop Circle Sterling, VA 20166-6511

SHPO: 02-06-18-04 PR ROUTE 27 SLIDE REPAIRS, EL YUNQUE NATIONAL FOREST, RIO GRANDE, PUERTO RICO

Dear Mr. Rose, Carlos A. Rubio-Cancela State Historic Preservation Officer

CARC/GMO/MB