Categorical Exclusion Form (NEPA) HWY-312.pdf

CATEGORICAL EXCLUSION

Emergency Relief Program Landslide Correction Project

ER-HWY-312, PR-181, Km 46.4 Gurabo, Puerto Rico (AC- 806544)

December 2019

Emergency Relief Program-Landslide Correction Project ER-HWY-312, PR-181, Km 46.4 – Gurabo, PR AC-806544 December 2019 Page 2

TABLE OF CONTENTS

Page

Puerto Rico Highway and Transportation Authority Categorical Exclusion Action Classification Form 3

I. GENERAL INFORMATION……………………………………………………………………………………………………… 3

II. PROJECT DESCRIPTION…………………………………………………………………………………………………………. 3

III. PURPOSE AND NEED……………………………………………………………………………………………………………. 4

IV. PLANNING CONSISTENCY…………………………………………………………………………………………………….. 4

V. PROPOSED IMPROVEMENTS……………………………………………………………………………………………….. 5

VI. ENVIRONMENTAL ISSUES EVALUATED FOR THE PROPOSED ACTION…………………………………… 9

VII. ENVIRONMENTAL COMMITMENTS REQUIRED FOR THE PROPOSED PROJECT…………………….. 18

APPENDIXES

Appendix A Proposed Project Figures, Maps and Photos

Appendix B Detailed Damages Inspection Reports

Appendix C USFWLS Coordination

Appendix D Proposed Project Plans

Appendix E SHPO Coordination

Appendix F Categorical Exclusion Checklist

AC-806544 December 2019 Page 3

PUERTO RICO HIGHWAY AND TRANSPORTATION AUTHORITY

CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM

I. GENERAL INFORMATION

State Project No. AC- 806544 Federal Project No. 9999(315)

Project Name Emergency Relief Program- Landslide Correction Project Route No. PR-181

From Milepost 46.4 To Milepost 47.02 Municipality (ies) Gurabo Length 62 m ROW Cost N/A Construction Cost $309,000.00

EXISTING FACILITY PROPOSED FACILITY

ROW Width 15 m ROW Width 15 m

No. Lanes & Width One lane in each direction (width varies from 4.5m to 5.8m)

No. Lanes & Width

One lane in each direction (width varies from 4.5m to 5.8m)

Shoulder Width 2 m Median N/A Shoulder Width 2 m Median N/A

Overall Roadway Width 8 m Overall Roadway Width 8 m

II. PROJECT DESCRIPTION (Included project scope and location and refer to the attached project location map)

The proposed Emergency Relief Program for Landslide project takes place at kilometer 46.40 of the PR 181 in the Municipality of Gurabo (See in Appendix A, Figures 1: Location Map and Figure 2: Proposed Project Aerial Photo). Road PR-181, in the vicinity of the project site, is a narrow two-lane road with width ranging from 4.5 meters (tangent section) to 5.8 meters (curve section).

At the project site ER-HWY-312, the roadside embankment was washed-out and the guardrail was damaged for a length of approximately 34 meters. The narrow unpaved shoulder (approximately 1.9 meters) was washed out in some areas. There is an adjacent landslide of approximately 12 meters in length which left the guardrail section suspended and posts completely exposed. The failure wedge depth along the guardrail alignment is approximately 4 meters. The length of the road side slope reconstruction will be approximately 62 meters. The area of work is approximately 1,483 m2. The landslide at site ER-HWY-312 was prompted by the heavy rains associated with Hurricanes Irma and Maria. A Detailed Damage Inspection Report was prepared and approved by FHWA. Copy of the DDIR is included in Appendix B.

The proposed project consists of the reconstruction of the affected road and includes the followings works:

1. Road slope re-construction using Reinforced Soil Slope (RSS) at a segment of approximately 62 meters at a road section in Km 46.4

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2. Pavement rehabilitation (cold milling and repaving)

3. Replacement of guardrails

4. Construction of drainage features (swales and curb & gutter)

5. Installation of new pavement markings (yellow and white)

6. Other miscellaneous works

See Proposed Project Figures, Maps and Photos in Appendix A; and Proposed Project Plans in Appendix D.

These emergency relief works were determined by engineering evaluations based on field inspections and current PRHTA standards (PRHTA plans and specifications, MUTCD 2009, Roadside Design Guide 2011, and others). The reconstruction of road PR-181 at kilometer 46.40 will not extend outside the existing operational right of way of the road. No relocation of families or businesses are required.

III. PURPOSE AND NEED

On September 20, 2017, Puerto Rico was hit by the winds and rains of a catastrophic category 5 hurricane called María. Hurricane María left the island of Puerto Rico devastated, causing great damages in the highways.

Multiple landslides have affected roads causing roadblocks and ground instabilities. Keeping roads and bridges in good condition is critical to the safety of the nation’s transportation system including Puerto Rico.

Considering the effects of this major nature phenomenon and the consequences in the conditions and safety of the Puerto Rico’s highways, the Puerto Rico and Transportation Authority (PRHTA) has been working in their Emergency Relief Program for Landslide since the middle of last year. The program consists of the evaluation and reconstruction of landslides; i.e., slope instability, washouts and rock fall on several highway segments due to the impacts associated with Hurricanes Irma and María. Those highway segments are located within the Puerto Rico’s Federal Aid Highway System.

The purpose of this project is repairing the landslides and road damage at kilometer 46.40 at PR-181 in the Municipality of Gurabo. In addition, safety devices and drainage facilities affected by the events will be replaced. In order to restore PR-181 in a manner that substantially conforms to the preexisting design, function, and location as the original, the works described in Section II would be performed.

IV. PLANNING CONSISTENCY

Estimated construction time: 120 days Estimated Construction Cost: $309,000.00 Estimated date for ROW: ROW Certificate- First Semester 2020 Estimated date for PS&E: First Semester 2020 Estimated date for Construction phase begins: First Semester 2020

Project STIP Consistency:

This Project will be financed with funds from the Emergency Relief Program associated to Hurricanes Irma and María.

Copy of the DDIR is included in Appendix B.

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V. PROPOSED IMPROVEMENTS

771.115 Classes of actions.

(b) Class II (CEs). Actions that do not individually or cumulatively have a significant environmental effect are excluded from the requirement to prepare an EA or EIS. A specific list of CEs normally not requiring NEPA documentation is set forth in §771.117(c) for FHWA actions or pursuant to §771.118(c) for FTA actions. When appropriately documented, additional projects may also qualify as CEs pursuant to §771.117(d) for FHWA actions or pursuant to §771.118(d) for FTA actions.

771.117 FHWA Categorical Exclusions.

(a) Categorical exclusions (CEs) are actions which meet the definition contained in 40 CFR 1508.4, and, based on past experience with similar actions; do not involve significant environmental impacts. They are actions which: do not induce significant impacts to planned growth or land use for the area; do not require the relocation of significant numbers of people; do not have a significant impact on any natural, cultural, recreational, historic or other resource; do not involve significant air, noise, or water quality impacts; do not have significant impacts on travel patterns;

or do not otherwise, either individually or cumulatively, have any significant environmental impacts.

(c) The following actions meet the criteria for CEs in the CEQ regulations (40 CFR 1508.4) and 771.117(a) and normally do not require any further NEPA approvals by the FHWA:

Check one or more of the following improvements which apply to the project:

(1) Activities which do not involve or lead directly to construction, such as planning and research activities; grants for training; engineering to define the elements of a proposed action or alternatives so that social, economic, and environmental effects can be assessed; and Federal-aid system revisions which establish classes of highways on the Federal-aid highway system.

(2) Approval of utility installations along or across a transportation facility.

(3) Construction of bicycle and pedestrian lanes, paths, and facilities.

(4) Activities included in the State's highway safety plan under 23 U.S.C. 402.

(5) Transfer of Federal lands pursuant to 23 U.S.C. 107(d) and/or 23 U.S.C. 317 when the land transfer is in support of an action that is not otherwise subject to FHWA review under NEPA.

(6) The installation of noise barriers or alterations to existing publicly owned buildings to provide for noise reduction.

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(7) Landscaping.

(8) Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption would occur.

(9) The following actions for transportation facilities damaged by an incident resulting in an emergency declared by the Governor of the State and concurred in by the Secretary, or a disaster or emergency declared by the President pursuant to the Robert T. Stafford Act (42 U.S.C. 5121):

(i) Emergency repairs under 23 U.S.C. 125; and

(ii) The repair, reconstruction, restoration, retrofitting, or replacement of any road, highway, bridge, tunnel, or transit facility (such as a ferry dock or bus transfer station), including ancillary transportation facilities (such as pedestrian/bicycle paths and bike lanes), that is in operation or under construction when damaged and the action:

(A) Occurs within the existing right-of-way and in a manner that substantially conforms to the preexisting design, function, and location as the original (which may include upgrades to meet existing codes and standards as well as upgrades warranted to address conditions that have changed since the original construction); and

(B) Is commenced within a 2-year period beginning on the date of the declaration.

(10) Acquisition of scenic easements.

(11) Determination of payback under 23 U.S.C. 156 for property previously acquired with Federal-aid participation.

(12) Improvements to existing rest areas and truck weigh stations.

(13) Ridesharing activities.

(14) Bus and rail car rehabilitation.

(15) Alterations to facilities or vehicles in order to make them accessible for elderly and handicapped persons.

(16) Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand.

(17) The purchase of vehicles by the applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE.

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(18) Track and railbed maintenance and improvements when carried out within the existing right-of-way.

(19) Purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off the site.

(20) Promulgation of rules, regulations, and directives.

(21) Deployment of electronics, photonics, communications, or information processing used singly or in combination, or as components of a fully integrated system, to improve the efficiency or safety of a surface transportation system or to enhance security or passenger convenience.

Examples include, but are not limited to, traffic control and detector devices, lane management systems, electronic payment equipment, automatic vehicle locaters, automated passenger counters, computer-aided dispatching systems, radio communications systems, dynamic message signs, and security equipment including surveillance and detection cameras on roadways and in transit facilities and on buses.

(22) Projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way. Existing operational right-of-way refers to right-of-way that has been disturbed for an existing transportation facility or is maintained for a transportation purpose. This area includes the features associated with the physical footprint of the transportation facility (including the roadway, bridges, interchanges, culverts, drainage, fixed guideways, mitigation areas, etc.) and other areas maintained for transportation purposes such as clear zone, traffic control signage, landscaping, any rest areas with direct access to a controlled access highway, areas maintained for safety and security of a transportation facility, parking facilities with direct access to an existing transportation facility, transit power substations, transit venting structures, and transit maintenance facilities. Portions of the right-of-way that have not been disturbed or that are not maintained for transportation purposes are not in the existing operational right-of-way.

(23) Federally-funded projects:

(i) That receive less than $5,000,000 of Federal funds; or

(ii) With a total estimated cost of not more than $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost.

(24) Localized geotechnical and other investigation to provide information for preliminary design and for environmental analyses and permitting purposes, such as drilling test bores for soil sampling; archeological investigations for archeology resources assessment or similar survey; and wetland surveys.

(25) Environmental restoration and pollution abatement actions to minimize or mitigate the impacts of any existing transportation facility (including retrofitting and construction of stormwater treatment systems to meet Federal and State requirements under sections 401 and

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402 of the Federal Water Pollution Control Act (33 U.S.C. 1341; 1342)) carried out to address water pollution or environmental degradation.

(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) of this section.

(27) Highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting, if the project meets the constraints in paragraph (e) of this section.

(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.

(29) Purchase, construction, replacement, or rehabilitation of ferry vessels (including improvements to ferry vessel safety, navigation, and security systems) that would not require a change in the function of the ferry terminals and can be accommodated by existing facilities or by new facilities which themselves are within a CE.

(30) Rehabilitation or reconstruction of existing ferry facilities that occupy substantially the same geographic footprint, do not result in a change in their functional use, and do not result in a substantial increase in the existing facility's capacity. Example actions include work on pedestrian and vehicle transfer structures and associated utilities, buildings, and terminals.

(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:

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

(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;

(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;

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

(5) Changes in access control;

(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.

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VI. ENVIRONMENTAL ISSUES EVALUATED FOR THE PROPOSED ACTION

ECOLOGICAL

1. Will the project have a substantial impact on any unique or important natural resource?

Yes No

Additional comments:

Due to the project scope, no substantial impact on any unique or important natural resource is expected.

2. Does the project involve habitat here federally listed endangered or threatened species may occur?

Yes No

Additional comments:

According to the United States Fish and Wildlife Service (USFWS) IPaC website, the endangered and/or threatened species that have the potential to occur in the study area are the followings: the Puerto Rican Boa (Epicrates inornatus). However, no critical habitat has been affected by the proposed action.

3. Does the project qualify as a minor action that may be conducted thin a blanket clearance

(Self-Certification Endangered Species Act Certification) without adversely affecting the recovery and survival of listed endangered or threatened species?

Yes No

Additional comments:

A consultation letter was submitted to USFWS for their concurrence on July 19, 2019. The FWLS in their letter of July 30, 2019 determined that the proposed project is not likely to adversely affect federally-listed species or their critical habitats. This determination is conditioned to the implementation of the Best Management Practices (BMP’s) previously provided for the specie prior and during the road damage repairs to avoid or minimize impacts to federally-listed species. See copy of FWLS coordination in Appendix C.

4. The project affects USACE jurisdictional areas?

The project would not affect USACE jurisdictional areas.

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5. If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-tenth (1/10) of an acre and have all practicable measures to avoid and minimize wetland takings been evaluated?

Yes No

The proposed project would not affect USACE jurisdictional areas including wetlands.

6. Does the project affect areas covered under Section 404 of the Clean Water Act?

No USACE jurisdictional areas would be affected by the proposed project.

7. Does the project involve any known underground storage tanks (UST’s) or hazardous materials sites?

Yes No

No evidence of UST’s or hazardous substances were observed at the project site.

8. Would a U.S. Coast Guard permit be required?

It is a rural upland road project. No Coast Guard permit required.

9. Does the project located within a floodplain zone?

The proposed project is not located within floodplain zone. According with FEMA flood data over impose layer on aerial photo, Panel 72000C0765J. the project area is identified as Minimal Flood Hazard – Zone X.

10. Does the project affect water bodies?

No water bodies would be affected within the project right of way. No water bodies are located within 400m perimeter of the project.

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11. Does the project require the preparation of a Hydrologic-Hydraulic Study?

No H-H study was required for the proposed action.

12. Does the project affect Wild and Scenic Rivers?

The proposed project would not affect any designated Wild and Scenic Rivers for Puerto Rico. No designated Wild and Scenic Rivers for Puerto Rico are located within project limits.___________________________________________________________________

13. Does the project may adversely affect Essential Fish Habitat?

The proposed project would not affect Essential Fish Habitat. No Essential Fish Habitat is located within project limits.

14. Does the project affect coastal municipalities?

The proposed project does not affect coastal municipalities.

15. Will the project result in the modification of any existing regulatory floodway?

The proposed project would not affect the existing floodplain levels.

16. Will the project require any stream relocations or channel changes?

The proposed project does not require any stream relocations or channel changes.

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17. The project affects trees?

Additional comments:

The project may affect some trees. According to the “Reglamento Conjunto para la Evaluación y Expedición de Permisos Relacionados al Desarrollo, Uso de Terrenos y Operación de Negocios” issued on June 7, 2019”, a mitigation plan will be necessary to mitigate the tree impacts. Nevertheless, an Administrative Order Number 2019-01 was issued by Permit Management Office on January 8, 2019 to extend the streamline permit process for the projects related to the emergency. The Order authorize the cut of trees without the request of a permit. The Administrative Order is effective until the declaration of state of emergency by the Governor of PR is valid.

SOCIAL, ECONOMIC AND CULTURAL RESOURCES

18. Will the project induce substantial impacts to planned growth or land use for the area?

The proposed project would not induce substantial impacts to planned growth or land use for the area.

19. Will the project require the relocation of any family or business?

he proposed project would not require the relocation of families or business.

20. Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population?

Yes No

Additional comments:

The proposed project would not have a disproportionately high and adverse human health and environmental effect on any minority or low-income population.

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21. If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor?

No additional acquisition is required for the proposed project. The project would be built within the existing right of way limits.

22. Does the project have any impact in the community cohesion of the adjacent project’s neighborhoods?

Yes No

Additional comments:

The proposed project would not have any impact in the community cohesion of the adjacent project’s neighborhoods.

23. Does the project affect the community services?

The proposed project would not affect the community’s services.

24. Does the project consider the non-discrimination considerations?

The proposed project considers the non-discrimination considerations.

25. Does the project have any impact in the existing noise levels?

Due to the scope of the project no impact in the existing noise levels would be expected.

A temporary increase of the existing noise levels would be expected during the construction phase of the project.

26. Does the project comply with the attaining air quality standards (NAAQS)?

The propose project complies with the attaining air quality standards (NAAQS).

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27. Does the project have any impact in the existing air quality levels?

Additional comments:

Due to the scope of the project no increase in the existing air quality levels would be expected. A temporary increase of the existing air quality levels would be expected during the construction phase of the project.

28. Does the project affect farmlands areas?

No farmlands areas would be affected by the proposed project.

29. Does the project have any significant aesthetic effects?

No significant aesthetic effects would be expected due to the construction of the proposed project.

30. Does the project affect recreational areas?

No recreational areas will be affected by the proposed project.

31. Will the project involve any changes in access control?

The proposed project would not involve any changes in access control.

32. Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness?

The proposed project would not have an adverse effect on permanent local traffic patterns or community cohesiveness.

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33. Will traffic be maintained during construction using existing roads, staged construction, or on-site detours?

Yes No

Additional comments:

The traffic would be maintained during construction using the existing road. Maintenance of Traffic Plans were designed for this project and are part of the PS&E.

34. If the project is a bridge replacement project, would the bridge be replaced at this existing location (along the existing facility) and would all construction proposed in association with the bridge replacement project be contained on the existing facility?

Yes No

Additional comments:

The proposed project does not require a bridge replacement.

35. The project requires affect a bridge or a culvert?

Yes No

Additional comments:

The project does not affect a bridge or a culvert.

36. Is the bridge or culvert considered as historical structure?

Yes No

Additional comments:

No historical structure would be affected by the proposed project.

37. Is there substantial controversy on social, economic, or environmental grounds concerning the project?

Yes No

Additional comments:

No substantial controversy is expected related with the proposed project.

38. Will the project have an effect on social, economic, or environmental grounds concerning the project?

Yes No

Additional comments:

The proposed project would not have an adverse effect on social, economic or environmental grounds.

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39. Will the project affect any archeological remains which are important to history or pre-history?

Yes No

Additional comments:

An Identification of Historic Properties and Assessment of Effects Report (refers to Appendix E) was performed by the Archeologist Sharon Melendez for the proposed project with the objective of identifying the presence or absence of cultural resources in the proposed action area of potential effects (APE). According with the report no archaeological sites are located within or adjacent to the projects area.

40. Will the project affect any historic property?

According with the recommendations included in the An Identification of Historic Properties and Assessment of Effects Report a determination of no adverse effect on historic properties is proposed for the project. However, PR-181 is eligible to the NHRP but the construction activities do not affect the integrity of the road. The potential of finding previously unknown archeological resources during project activities is extremely low and no additional archeological studies are recommended. A SHPO consultation letter would be submitted, requesting their concurrence with our determination of no adverse effect on historic properties for the project. See Appendix E, SHPO Coordination, copies of the An Identification of Historic Properties and Assessment of Effects / Section 106 Review Process Report and SHPO consultation letter. If unexpected cultural resources are encountered at any time within the project area, work should cease in the immediate vicinity of such discoveries and SHPO would be notified. After, such notification, project activities should not resume without and/or written from SHPO.

41. Will the project require the use of Section 6 (f) resources (Land and Water Conservation Fund Act)

Yes No

Additional comments:

The project would not cause impacts to recreational properties acquired with LWCFA Funds.

42. Will the project require the use of Section 4 (f) resources (public, parks, recreation lands, wildlife, historic sites, or historic bridges, as defined in Section 4 (f) of the U.S. Department of Transportation Act of 1966?

Yes No

Additional comments:

The proposed project would not affect any publicly owned parks, recreational area, wildlife and waterfowl refuges, or public and private historical sites.

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43. Will the project require the relocation of utilities or construction of new facilities?

The relocation of utilities or construction of new facilities is not expected. However, if the project requires the relocation of utilities in areas where PREPA and PRASA pipelines are close to excavation, a note in the project final plans would be included to indicate that the contractor shall perform an exploratory excavation. A consultation with PRASA, PREPA and the JRTC would be performed, if required.

44. Will the project affect the airport clearance?

The project does not affect the airport clearance.

45. Will the project consider the accommodations of pedestrian and bicycle facilities as part of its scope?

Yes No

Additional comments:

The proposed project’s scope does not include the accommodations of pedestrian and bicycle facilities. No bicycle facilities or pedestrian facilities exist within the project limits.

46. Will the project required public involvement activities?

The public would be informed the proposed works using message boards and public announcements through social medias and newspapers, as well as other methods prior the commencement of the construction phase.

47. The project has any potential of controversy?

No potential of controversy is expected for the proposed project.

The project’s Categorical Exclusion Checklist is included in Appendix F.

ANDRES

ALVAREZ-IBANEZ

Digitally signed by

ANDRES ALVAREZ-IBANEZ

Date: 2019.12.09 16:27:03 -04'00'

APPENDIX A FIGURES, PHOTOS AND MAPS

APPENDIX B DETAILED DAMAGE INSPECTION REPORT

APPENDIX C USFWLS COORDINATION

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Caribbean Ecological Services Field Office Post Office Box 491

Boqueron, PR 00622-0491 Phone: (787) 851-7297 Fax: (787) 851-7440 http://www.fws.gov/caribbean/es

In Reply Refer To:

Consultation Code: 04EC1000-2019-SLI-0990 Event Code: 04EC1000-2019-E-01482 Pro ect Name: Emergency Relief Program Landslides and Road Damage Repair ER-HW - 12

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 FOLLOWING SPECIES LIST IS NOT A SECTION 7 CONSULTATION. PLEASE

CONTACT OUR OFFICE TO COMPLETE THE CONSULTATION PROCESS*

The purpose of the Endangered Species Act (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 those species and/or their designated critical habitat.

Federal agencies are required to "request of the Secretary of Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

The enclosed species list provides information to assist with the consultation process with the U.S. Fish and Wildlife Service (Service) under section 7 of the Act. However, the enclosed species list does not complete the required consultation process. The species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitats, that may occur within the boundary of your proposed project and/or may be affected by your proposed project.

A discussion between the Federal agency and the Service should include what types of listed species may occur in the proposed action area, and what effect the proposed action may have on those species. This process initiates informal consultation.

July 09, 2019

07/09/2019 Event Code: 04EC1000-2019-E-01482 2

When a Federal agency, after discussions with the Service, determines that the proposed action is not likely to adversely affect any listed species, or adversely modify any designated critical habitat, and the Service concurs, the informal consultation is complete and the proposed project moves ahead. If the proposed action is suspected to affect a listed species or modify designated critical habitat, the Federal agency may then prepare a Biological Assessment (BA) to assist in its determination of the project's effects on species and their habitat.

However, a BA 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 BA where the agency provides the Service with an evaluation on the likely effects of the action to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a BA are described at 50 CFR 402.12.

If a Federal agency determines, based on its BA or biological evaluation, that listed species and/ or designated critical habitat may be affected by the proposed project, the agency is required to further 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 process.

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

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.

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:

07/09/2019 Event Code: 04EC1000-2019-E-01482 3 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.

For more information:

U.S. Fish and Wildlife Service

Caribbean Ecological Services Field Office

Road 301, Km. 5.1 / Bo. Corozo

Boquern, PR 00622

Telephone: (787) 851-7297

Fax: (787) 851-7440

Email: caribbean_es@fws.gov http://www.fws.gov/caribbean/es

Send all documents to:

U.S. Fish and Wildlife Service

P.O. Box 491

Boquern, Puerto Rico 00622

Attachment(s):

Official Species List Wetlands

07/09/2019 Event Code: 04EC1000-2019-E-01482 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:

Caribbean Ecological Services Field Office Post Office Box 491 Boqueron, PR 00622-0491

(787) 851-7297

07/09/2019 Event Code: 04EC1000-2019-E-01482 2

Project Summary Consultation Code: 04EC1000-2019-SLI-0990

Event Code: 04EC1000-2019-E-01482

Project Name: Emergency Relief Program Landslides and Road Damage Repair ER-

HWY-312

Project Type: TRANSPORTATION

Project Description: Landslides and Road Damage Repair

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/18.274763019758417N65.96546302071505W

Counties: Gurabo, PR

07/09/2019 Event Code: 04EC1000-2019-E-01482 3

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.

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.

1. 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.

Reptiles

NAME STATUS

Puerto Rican Boa Epicrates inornatus No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6628 General project design guidelines:

https://ecos.fws.gov/ipac/guideline/design/population/156/office/41430.pdf

Endangered

Critical habitats

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

JURISDICTION.

07/09/2019 Event Code: 04EC1000-2019-E-01482 1

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.

THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.

APPENDIX D PROPOSED PROJECT PLANS

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APPENDIX F SHPO COORDINATION

Landslide and Road Damage Evaluation and Repair

Identification of Historic Properties and Assessment of Effects / Section 106 Review Process PR- 181 / Km 46.40/ Gurabo [AC-806544 / ER-HWY-312]

Prepared for:

Puerto Rico Highway and Transportation Authority

Environmental Studies Office and

Puerto Rico State Historic Preservation Office

Sharon Meléndez Ortiz

December 16, 2018/Revised May 18, 2019

Landslides and Road Damage Evaluation Repair, Identification of Historic Properties and Evaluation of Effects

PR- 181, km 46.40, Gurabo [AC-806544/ER-HWY-312]

Preamble

The Puerto Rico Highway and Transportation Authority (PRHTA) is evaluating the repair of approximately 700 landslides on several highway segments of Puerto Rico due to the impacts associated with Hurricanes Irma and María. These highway and road segments are either within the Puerto Rico’s Federal Aid Highway System, or under the jurisdiction of the Department of Transportation and Public Works. The reconstruction activities will be financed by Emergency Funds from the Federal Highway Administration (FHWA).

Section 106 of the National Historic Preservation Act (NHPA) requires that all federal agencies take into account the potential effects of their proposed projects on historic properties. This form has the objective of facilitating, streamlining and expediting the FHWA’s compliance under the law, and the Puerto Rico State Historic Preservation Office (PRSHPO) review process for these projects.

Landslides and Road Damage Evaluation Repair, Identification of Historic Properties and Evaluation of Effects

I. Project General Information I.1. Project name: Landslide and Road Damage Evaluation and Repair

I.2. State Project no.: ER-HWY-312

I.3. Federal Project no.: ER-HWY-312

I.4. Road: 181

I.5. KM: 46.40

I.6. Municipality: Gurabo

I.7. Coordinates: LAT/LONG 18.274647, -65.965111

NAD 83 X = 249,509.406 Y=248,908.400

I.8 Proposed construction activities

In order to reestablish the previously existing operational conditions of the road the following actions are anticipated (Refer to Figure 2):

Removal of damaged guardrail Excavation – Removal of loose soil and foundation leveling Embankment restoration and slope stabilization (Earth retention system and backfill) Runoff management and drainage – possible construction of drainage inlet and culvert crossing the road or curb and gutter at the side of the road where landslide occurred.

Erosion control measures to avoid further washout – promote vegetation growth and install rip-rap at runoff water discharge points Pavement Reestablishment o subgrade preparation o aggregate base course o bituminous base course o bituminous surface course

Roadside and Safety o reestablishment of safety barriers o pavement marking o retro-reflective markers o signage

Landslides and Road Damage Evaluation Repair, Identification of Historic Properties and Evaluation of Effects

II. Cultural Resources1. Desk Review.

For purposes of this form, the project’s area of potential effects (APE) corresponds to the project area.

II.1. Are there any known archaeological sites within or adjacent to the project area?

_X_ No. ___Yes. Complete Table 1.

II.2. Are there any known buildings, structures or objects within the project area?

II.3. Is the project located within a known historic district or adjacent to one?

II.4. Is the segment of the road where the project is located 50 years or older?

___ No. _X_ Yes. Include in Table 1.

II.5. Are there any prior cultural resources surveys conducted within the project area or that include the project area?

_X_ No. Continue to section III. ___Yes. Complete Table 2 and continue to II.6.

II.6. Were cultural resources identified in a prior cultural resources survey?

___No. Continue to section III. ___Yes. Include resource in Table 1.

1 For definitions and examples of concepts (site, buildings, structures, objects) refer to the National Register Bulletin How to Apply the National Register Criteria for Evaluation https://www.nps.gov/nr/publications/bulletins/nrb15/nrb15_4.htm.

Landslides and Road Damage Evaluation Repair, Identification of Historic Properties and Evaluation of Effects

III. Site Visit

III.1. Name of archaeologist who conducted the site visit and date(s) of the visit:

Sharon Meléndez Ortiz. December 7, 2018.

III.2. Is there a bridge, culvert, or other drainage structures in the project area?

_X_ No. Continue to III.4. __Yes. Continue to III.3.

III.3. Is the structure 50 years or older?

___ No. Continue to III.4. ___ Yes. Include in Table 1 and continue to III.4.

III.4. During the site visit, were previously unknown sites, buildings, structures or objects identified within or adjacent to the project area?

___ No. Continue to III.6. _X_ Yes. Continue to III.5.

III.5. Is the site, building, structure or object that was identified during the site visit 50 years or older?

_X__ No. Continue to III.6. ___Yes. Include in Table 1 and continue to III.6.

III.6. Describe the current conditions of the project area, including staging areas and new access roads.

The Project, which has an estimated area of 1,483 m2, is located in a rural-residential area of Gurabo, on the road between Gurabo and Trujillo Alto. It is in an area of sharp curves, with steep slopes. There are several residences, one built on concrete stilts alongside the shoulder of the road on the southbound side, and others at the top of the northbound cut, where part of the landslide originated (Photos 1 to 4).

On the northbound side of the road, the landslide left a pronounced gap in the profile, on top of which are some houses (Photos 5 and 6). On this side there is a concrete gutter that is partially covered with dirt. According to a neighbor, said gutter was built recently.

The southbound roadside embankment washed-out and guardrail was damaged along approximately 34 m. The narrow asphalt pavement shoulder washed out at some portions. The adjacent landslide, approximately 12 m long, left the guardrail section suspended, with its posts completely exposed (Photo 7 and 8). In the exposed profile, a single layer of clay fill with stones and modern garbage, including cinder blocks, Coke cans and plastic cups, was observed (Photo 9). The depression formed by the landslide is being used to deposit garbage.

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Landslides and Road Damage Evaluation Repair, Identification of Historic Properties and Evaluation of Effects

IV. Effects on historic properties

Fill this section for each cultural resource listed on Table 1. If there are no resources, continue to section V.

Cultural resource name and i.d. code(s): ____PR-181____________

IV.1. Is this cultural resource listed in the National Register of Historic Places (NRHP)?

___Yes. Continue to IV.3.

_X_ No. Continue to IV.2

IV.2. Is this cultural resource eligible to the NRHP?

_X_ Yes. Explain below. Discuss structure significance and integrity. In section V you should include recommendations on how to minimize or mitigate the adverse effect on this property.

___No. Explain below and continue to section V.

___ Unknown. A NRHP-eligibility assessment should be recommended in section V.

Road PR-181 connects the northern coast of Puerto Rico with the southern coast, running from San Juan to Patillas, passing through Trujillo Alto, Gurabo, San Lorenzo and Yabucoa. The segment where the project is located dates to the first half of the 20th century. The road was already built in 1946, according to the topographic quadrangle of that year, so it is at least 72 years old (Figure 5). It must be noted that the 19th century road between Trujillo Alto and Gurabo followed a different route in this area. According to the road maps Itinerario de Trujillo Alto a Gurabo, dating from 1873, and Itinerario de Gurabo a Trujillo Alto, from 1891, the original road had a different, less sinuous alignment in this area, running further to the west (Figure 4).

Road 181, previously #23, was a principal route, significant for the social and economic development of the region it serves. For this reason, it is understood that it may be eligible to the NRHP under Criterion A.

IV.3. Will any of the project activities have an adverse effect on this cultural resource?

___ Yes. Continue to IV.4. _X_ No. Continue to section V.

IV.4. Can this adverse effect be avoided?

___Yes. Explain below and continue to section V.

___ No. In section V, include recommendations on how to minimize or mitigate the adverse effect on this property.

Landslides and Road Damage Evaluation Repair, Identification of Historic Properties and Evaluation of Effects

V. Recommendations V.1. Choose the options that apply:

___ There are no cultural resources within the project area, and the possibility of finding previously unknown cultural resources within the project area is null or low. No further studies are recommended.

___ There are no previously known cultural resources within the project area, but there is a high possibility of finding previously unknown cultural resources within the project area. A cultural resources assessment is recommended. Explain and justify in V.2.

___ There is a cultural resource within the project area, and this resource is not eligible to the NRHP. No further studies are recommended. Explain in V.2.

___ There is a cultural resource within the project area, and there is not enough information regarding this resource’s eligibility to the NRHP. A NRHP-eligibility assessment of this cultural resource is recommended. Explain in V.2.

_X_ There is a cultural resource listed in the NRHP, eligible to the NRHP or potentially eligible to the NRHP within the project area, and this resource will not be adversely affected by the project. No further studies are recommended. Explain and justify in V.2.

___There is a cultural resource listed in the NRHP, eligible to the NRHP or potentially eligible to the NRHP within the project area, and this resource may be adversely affected by the project, and this adverse effect may be avoided. An archaeological supervision (monitoring) of the project construction activities is recommended to ensure that the resource is not directly or indirectly affected. Explain in V.2.

___There is a cultural resource listed in the NRHP, eligible to the NRHP or potentially eligible to the NRHP…