Categorical Exclusion Form (NEPA) HWY-424.pdf

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Landslide Repairs in Aibonito, Caguas, Guayama, Gurabo, and Patillas, Puerto Rico
Solicitation number
693C73-22-R-000021
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About this file

This document provides details on a federal contract solicitation for landslide repair work in Puerto Rico. The Department of Transportation Federal Highway Administration is seeking proposals from certified Small Business Concerns for Project PR ER DOT PRMNT RPR(13), which involves repairing damage caused by Hurricanes Irma and Maria on several roads and highways in Puerto Rico. The work includes embankment reconstruction, reinforced soil slope systems construction, drainage systems installation, retaining walls, milling and overlay, pavement reconstruction, guardrails, signage, and temporary traffic control. The total cost of the project is estimated between $5 million to $10 million. Proposals are due as specified in Block 13a of Solicitation Number 693C73-22-R-000021. Offerors must demonstrate experience with landslide repair construction and meet the registration, representation, and certification requirements described in order to be considered.

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ANDRES ALVAREZ-IBANEZ Digitally signed by ANDRES ALVAREZ-IBANEZ Date: 2022.04.01 21:25:00 -04'00'

Emergency Relief Program Landslide Correction Project

CATEGORICAL EXCLUSION

Landslide Correction PR-796, Caguas, Puerto Rico

ER-HWY-423, PR-796, Km 4.20

(AC- 805544/ AC-819579)

ER-HWY-424, PR-796, Km 4.40

(AC- 806544/ AC-820579)

April 2021

Emergency Relief Program- Landslide Correction Project PR-796, Km 4.20 and Km 4.40 Caguas, PR AC-805544/AC-806544/AC-819579/AC-820579 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…………………………………………………………………………………………………………. 4

III. PURPOSE AND NEED……………………………………………………………………………………………………………. 5

IV. PLANNING CONSISTENCY…………………………………………………………………………………………………….. 5

V. PROPOSED IMPROVEMENTS……………………………………………………………………………………………….. 6

VI. ENVIRONMENTAL ISSUES EVALUATED FOR THE PROPOSED ACTION…………………………………… 10

VII. ENVIRONMENTAL COMMITMENTS REQUIRED FOR THE PROPOSED PROJECT…………………….. 19

APPENDIXES

Appendix A Emergency Declaration Document

Appendix B Project Figures, Maps and Photos

Appendix C Detailed Damages Inspection Reports

Appendix D USFWLS Coordination

Appendix E SHPO Coordination

Appendix F Categorical Exclusion Checklist

AC-805544/AC-806544/AC-819579/AC-820579 Page 3

PUERTO RICO HIGHWAY AND TRANSPORTATION AUTHORITY

CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM

I. GENERAL INFORMATION

State Project No. AC-805544/AC-819579 AC-806544/AC-820579 Federal Project No. 9999(314)

9999(315)

Project Name PR-796 Caguas, Landslide Road Repairs Route No. PR-796

From Milepost Km 4.2 To Milepost Km 4.74 Municipality (ies) Caguas Length 540 m ROW Cost To be determined Construction Cost $1,927,121.76

EXISTING FACILITY PROPOSED FACILITY

ROW Width 15.0 m ROW Width Varies from 15.0 to 20.6 m No. Lanes & Width 2 lanes, varies from 1.85 to 2.50 m No. Lanes &

Width 2 lanes, varies 1.85 to 3.65 m

Shoulder Width N/A Median N/A Shoulder

Width N/A Median N/A

Overall Roadway Width Varies from 4.30 m to 5.00 m Overall Roadway

Width Varies from 4.30 m to 7.30 m

AC-805544/AC-806544/AC-819579/AC-820579 Page 4

II. PROJECT DESCRIPTION

(Included project scope and location and refer to the attached project location map)

On September 6 and 20, 2017 hurricanes Irma and María passed over Puerto Rico and impacted many areas and structures including highways, roads and bridges under the jurisdiction of the Puerto Rico Highway and Transportation Authority (PRHTA). As consequence of the damages that resulted from these hurricanes the Governor of Puerto Rico and the President of the United States declared a state of emergency in the Island.

See in Appendix A.

The proposed Emergency Relief Program for Landslide project takes place from kilometer 4.20 to kilometer

4.4 of the PR 796 in the Municipality of Caguas. (See in Appendix B, Figures 1: Location Map and Figure 2:

Proposed Project Aerial Photo). PR-796 in the vicinity of the project site is, theoretically, a two-lane road with width ranging from about 4.30 meters to about 5.00 meters.

At the project sites, problem of unstable soil due to different factors, including poor management of surface runoff during or after a significant rain event, where the soil can reach its maximum saturation capacity and fail. The roadside embankment and shoulder were washed out or eroded, by heavy runoff from adjacent property and by the river turbulence, for approximately 30 meters (ER-HWY-424) and 125 meters (ER-HWY-

423) along the road, leaving portions of the guard rail hanging without support. The work area is approximately 370 m2 for site at km 4.40 and 1,285 m2 for site at kilometer 4.20. The pavement structure at the failure edge consists of poorly defined layers of asphaltic material and gravel adding to approximately 0.6 meters in depth.

A Detailed Damage Inspection Report was prepared and approved by FHWA. Copy of the DDIR is included in Appendix C.

The proposed project consists of the reconstruction of the affected road including:

1. Relocation of approximately 200 meter long of the exiting road (ER-HWY-423)

2. Construction of an estimate 34 meters long retaining wall (Soldier pile) (ER-HWY-424)

3. Erosion protection with Reno Mattresses.

4. Construction of new cantilever retaining walls.

5. Construction of new flexible pavement structure and pavement rehabilitation (cold milling)

6. Construction of shallow concrete curbs, gutters, chute and swale

7. Replacement and installation of guardrails

8. Installation of safety concrete barriers

9. Construction of drainage features

10. Relocation of utilities

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

12. Other miscellaneous works

The reconstruction of road PR-796 at kilometer 4.40 will not extend outside the existing operational right of way of the road. No relocation of families or businesses are required. The roadway will be rebuilt mostly within the existing Right-of-Way. However, the reconstruction of PR-796 t km 4.40, an area of approximately 1,802.66 square meters of land and one (1) structure will be acquired to the relocation of 200 meters long of the existing road. No relocation of families or business are necessary. The proposed repairs are necessary to reestablish mobility and accessibility and provide safety to highway users. The proposed project would require the temporary road closure of the road during the construction activities and traffic detour would be implemented

AC-805544/AC-806544/AC-819579/AC-820579 Page 5 through the existing states roads. Traffic delays are foreseen. A MOT would be prepared specifically for this project. See Appendix B for Project Photos, MOT, ROW and Proposed Project Plans.

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).

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. 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 reconstructing the landslides at km. 4.40 at PR-796 in the Municipality of Caguas.

In addition, safety devices and drainage facilities affected by the events will be replaced. In order to restore PR-796 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: 450 days (15 months) Estimated Construction Cost: $1,927,121.76 Estimated date for ROW: Second Semester 2021 Estimated date for PS&E: Second Semester 2021 Estimated date for Construction phase begins: Second Semester 2021 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 C.

AC-805544/AC-806544/AC-819579/AC-820579 Page 6

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.

(7) Landscaping.

AC-805544/AC-806544/AC-819579/AC-820579 Page 7

(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.

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

AC-805544/AC-806544/AC-819579/AC-820579 Page 8

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

AC-805544/AC-806544/AC-819579/AC-820579 Page 9

(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.

AC-805544/AC-806544/AC-819579/AC-820579 Page 10

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 is the Puerto Rican Boa (Epicrates inornatus). However, no critical habitat will be affected by the proposed action because the purpose is to reconstruct and or repair the road segment to its pre-disaster condition.

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 24, 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 D.

AC-805544/AC-806544/AC-819579/AC-820579 Page 11

4. The project affects USACE jurisdictional areas?

Additional comments:

The Rio Grande de Loíza borders the road segment to be repaired. The proposed repairs will not impact waters of the United States, since there is no filling or dredging material operations, and no obstruction to navigable waters of the US will occur. The construction of the proposed project would be realized from the existing road and no temporary impacts to the USACE jurisdictional areas is expected.

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

Additional comments:

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

6. Does the project affects 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 was 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.

AC-805544/AC-806544/AC-819579/AC-820579 Page 12

9. Does the project is located within a floodplain zone?

Additional comments:

The proposed project is not located within floodplain zone. According with FEMA flood data over impose layer on aerial photo; Panel 72000C0745J the project area is identified as Floodway Zone AE.

10. Does the project affect water bodies?

Additional comments:

The project borders the Rio Grande de Loiza but the proposed works would not affected this water body.

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

Additional comments:

The project consists of minor reconstruction and stabilization of the road embankment taking the road to its pre-existing condition. The proposed actions will not reduce the river cross section nor its conveyance capacity.

12. Does the project affect Wild and Scenic Rivers?

Additional comments:

The proposed project would not affect any designated Wild and Scenic Rivers for Puerto Rico.

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

Additional comments:

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

AC-805544/AC-806544/AC-819579/AC-820579 Page 13

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.

17. The project affects trees?

No trees would not expect to be affect by the proposed project.

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?

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

AC-805544/AC-806544/AC-819579/AC-820579 Page 14

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.

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

Yes No

Additional comments:

The reconstruction of road PR-796 at kilometer 4.40 will not extend outside the existing operational right of way of the road. The roadway will be rebuilt within the existing Right-of-Way. However, the reconstruction of PR-796 at km 4.40, an area of approximately 1,802.66 square meters of land and one (1) structure will be acquired to the relocation of 200 meters long of the existing road.

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 temporarily affect the community’s services due to the road closure necessary for the realignment of the road and for the relocation of the utilities.

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

Additional comments:

The proposed project took into consideration non-discrimination practices. The project consists in corrective actions to guarantee a safer connection for the surrounding

AC-805544/AC-806544/AC-819579/AC-820579 Page 15 communities. By implementing these measures, the PRHTA made sure that the project does not cause disproportionately high and/or adverse environmental effects on low income and/ or minority population located near the project area. The project was developed in compliance with DOT Order 5610.2 (a) and Executive Order 12898.

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)?

Additional comments:

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

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

Yes No

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.

AC-805544/AC-806544/AC-819579/AC-820579 Page 16

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?

Yes No

Additional comments:

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

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

The traffic would be maintained during construction using PR-1 as the alternate route. Road PR-796 will be closed to traffic only at the project site limits. Maintenance of Traffic Plans were designed for this project and are part of the PS&E. An estimate increase in travel time during the construction works when the PR-796 be closed to traffic is approximately 10 minutes.

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

The proposed project does not require a bridge replacement.

AC-805544/AC-806544/AC-819579/AC-820579 Page 17

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

The project does not affect a bridge or a culvert.

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

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.

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

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.

AC-805544/AC-806544/AC-819579/AC-820579 Page 18

40. Will the project affect any historic property?

Additional comments:

According with the recommendations included in the An Identification of Historic Properties and Assessment of Effects Report a determination of no effect on historic properties is proposed for the project. 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 was submitted on November 20, 2019, requesting their concurrence with our determination of no effect on historic properties for the project. However, in letter of April 16, 2021, SHPO indicated that PR-796 is a historic resource, nevertheless, the proposed repairs do not have adverse effect on it. See Appendix E, SHPO Coordination. 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)

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.

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

Additional comments:

The relocation of utilities and /or construction of new facilities are necessary. Consultation with PRASA, PREPA and the JRTC would be performed. Also, for the relocation of utilities in areas where PREPA and PRASA pipelines are close to excavation, a note in the project final plans are included to indicate that the contractor shall perform an exploratory excavation.

AC-805544/AC-806544/AC-819579/AC-820579 Page 19

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 require 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. Road users, first responders (EMT, Police, Firefighters, etc.) and local officials will be notified of the project, alternate route and duration of the project at least 15 days before closing the roadway.

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.

VII. Environmental Commitments required for the proposed project:

1. The reconstruction of road PR-796 at kilometer 4.40 will be rebuilt within the existing Right-of-Way. However, for the reconstruction of PR-796 at km 4.40, an area of approximately 1,802.66 square meters of land and one (1) structure will be acquired to the relocation of 200 meters long of the existing road.

Appendix A Emergency Declaration Document

Concur, For: Jamie Christian Division Administrator

46820 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices affected by the event declared a major disaster by the President in his declaration of September 10, 2017.

Brevard, Orange, Pasco, and St. Lucie Counties for Individual Assistance (already designated for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program).

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant;

97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long, Administrator, Federal Emergency Management Agency.

[FR Doc. 2017–21645 Filed 10–5–17; 8:45 am]

BILLING CODE 9111–15–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA–4329– DR; Docket ID FEMA–2017–0001]

New Hampshire; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

SUMMARY: This notice amends the notice of a major disaster declaration for the State of New Hampshire (FEMA–4329– DR), dated August 9 2017, and related determinations.

DATES: The amendment was issued on September 21, 2017.

FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, James N. Russo, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of Albert Lewis as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant;

97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long, Administrator, Federal Emergency Management Agency.

[FR Doc. 2017–21642 Filed 10–5–17; 8:45 am]

BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA–4339– DR; Docket ID FEMA–2017–0001]

Puerto Rico; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

SUMMARY: This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Puerto Rico (FEMA–4339–DR), dated September 20, 2017, and related determinations.

DATES: The declaration was issued September 20, 2017.

FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated September 20, 2017, the President issued a major disaster declaration under the authority of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.

(the ‘‘Stafford Act’’), as follows:

I have determined that the damage in certain areas of the Commonwealth of Puerto Rico resulting from Hurricane Maria beginning on September 17, 2017, and continuing, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Act’’). Therefore, I declare that such a major disaster exists in the Commonwealth of Puerto Rico.

In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.

You are authorized to provide Individual Assistance and assistance for debris removal and emergency protective measures (Categories A and B) under the Public Assistance program in the designated areas, Hazard Mitigation throughout the Commonwealth, and any other forms of assistance under the Stafford Act that you deem appropriate subject to completion of Preliminary Damage Assessments (PDAs).

Direct Federal assistance is authorized.

Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, with the exception of projects that meet the eligibility criteria for a higher Federal cost-sharing percentage under the Public Assistance Alternative Procedures Pilot Program for Debris Removal implemented pursuant to section 428 of the Stafford Act.

Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.

The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Alejandro DeLaCampa, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.

The following areas of the Commonwealth of Puerto Rico have been designated as adversely affected by this major disaster:

The municipalities of Aguas Buenas, Aibonito, Arecibo, Arroyo, Barceloneta, Barranquitas, Bayamón, Caguas, Canóvanas, Carolina, Cataño, Cayey, Ceiba, Ciales, Cidra, Coamo, Comerio, Corozal, Culebra, Dorado, Fajardo, Florida, Guayama, Guaynabo, Gurabo, Humacao, Jayuya, Juana Dı́az, Juncos, Las Piedras, Loı́za, Luquillo, Manati, Maunabo, Morovis, Naguabo, Naranjito, Orocovis, Patillas, Ponce, Rio Grande, Salinas, San Juan, San Lorenzo, Santa Isabel, VerDate Sep<11>2014 18:40 Oct 05, 2017 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1as ab al ia us ka s on

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46821 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Notices

1 https://www.fema.gov/disaster/4332, designating Aransas, Bee, Brazoria, Calhoun, Chambers, Colorado, Fayette, Fort Bend, Galveston, Goliad, Hardin, Harris, Jackson, Jasper, Jefferson, Kleberg, Liberty, Matagorda, Montgomery, Newton, Nueces, Orange, Refugio, Sabine, San Jacinto, San Patricio, Victoria, Waller, Wharton Counties in Texas.

2 https://www.fema.gov/disaster/4335, designating St. John (Island) (County-equivalent) St.

Thomas (Island) (County-equivalent) in U.S. Virgin Islands for Hurricane Irma and St. Croix for Hurricane Maria.

3 https://www.fema.gov/disaster/4336, designating Canovanas (Municipio), Culebra (Municipio), Loiza (Municipio), Vieques (Municipio) in Puerto Rico for Hurricane Irma and Aguas Buenas, Aibonito, Arecibo, Arroyo, Barceloneta, Barranquitas, Bayamón, Caguas, Canóvanas, Carolina, Cataño, Cayey, Ceiba, Ciales, Cidra, Coamo, Comerio, Corozal, Culebra, Dorado, Fajardo, Florida, Guayama, Guaynabo, Gurabo, Humacao, Jayuya, Juana Dı́az, Juncos, Las Piedras, Loı́za, Luquillo, Manati, Maunabo, Morovis, Naguabo, Naranjito, Orocovis, Patillas, Ponce, Rio Grande, Salinas, San Juan, San Lorenzo, Santa Isabel, Toa Baja, Toa Alta, Trujillo Alto, Utuado, Vega Alta, Vega Baja, Vieques, Villalba, and Yabucoa for Hurricane Maria.

4 https://www.fema.gov/disaster/4337, designating Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lafayette, Lake, Lee, Levy, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Union, Volusia in Florida.

5 https://www.fema.gov/disaster/4338, designating Camden, Chatham, Coffee, Glynn, Liberty and Mcintosh in Georgia.

6 https://www.fema.gov/disaster/4339, designating Puerto Rico.

Toa Baja, Toa Alta, Trujillo Alto, Utuado, Vega Alta, Vega Baja, Vieques, Villalba, and Yabucoa for Individual Assistance.

All municipalities in the Commonwealth of Puerto Rico for debris removal and emergency protective measures (Categories A and B), including direct federal assistance, under the Public Assistance program.

All areas within the Commonwealth of Puerto Rico are eligible for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant;

97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long, Administrator, Federal Emergency Management Agency.

[FR Doc. 2017–21649 Filed 10–5–17; 8:45 am]

BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA–4338– DR; Docket ID FEMA–2017–0001]

Georgia; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

SUMMARY: This notice amends the notice of a major disaster declaration for the State of Georgia (FEMA–4338–DR), dated September 15, 2017, and related determinations.

DATES: This amendment was issued September 26, 2017.

FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident period for this disaster is closed effective September 20, 2017.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant;

97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long, Administrator, Federal Emergency Management Agency.

[FR Doc. 2017–21646 Filed 10–5–17; 8:45 am]

BILLING CODE 9111–23–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–6050–N–01]

Relief From HUD Requirements Available to PHAs To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Hurricanes Harvey, Irma, Maria and Future Natural Disasters Where Major Disaster Declarations Might Be Issued in 2017

AGENCY: Office of the Assistant Secretary for Public and Indian Housing, HUD.

ACTION: Notice.

SUMMARY: This notice advises the public that HUD, as a result of Presidentially declared Major Disaster Declarations (MDD) following Hurricanes Harvey, Irma and Maria has established an expedited process for the review of requests for relief from HUD regulatory and/or administrative requirements (‘‘HUD requirements’’) for public housing agencies (PHAs) and Tribes or tribally designated housing entities (TDHEs) that are located in Texas, U.S.

Virgin Islands, Puerto Rico, Florida, and Georgia. The notice covers MDDs DR– 4332, issued on August 25, 2017, DR– 4335, issued on September 7, 2017, DR– 4336, issued on September 10, 2017, DR–4337, issued on September 10, 2017, DR–4338, issued on September 15, 2017, DR–4339 issued on September 20, 2017 and DR–4340 issued on September 20, 2017. Specifically, these PHAs and Tribes/TDHEs may request waivers of HUD requirements and receive expedited review of such requests. In addition, this notice advises that PHAs, Tribes and TDHEs located in areas covered by MDDs issued during the remainder of 2017 may utilize the flexibilities and expedited waiver process set out by this notice.

DATES: Applicable Date: October 6, 2017.

FOR FURTHER INFORMATION CONTACT:

Shelia Bethea, Office of Field Operations, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 4112, Washington, DC 20410–5000, telephone number (202) 402–8120. Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at (800) 877– 8339.

SUPPLEMENTARY INFORMATION:

I. Background Information

From a period beginning on August 23, 2017, areas in Texas, U.S. Virgin Islands, Puerto Rico, Florida and Georgia experienced severe storms and flooding from Hurricanes Harvey, Irma and Maria. MDDs covering these areas were issued on August 25, 2017, DR– 4332,1 DR–4335,2 September 7, 2017, DR–4336,3 September 10, 2017, DR– 4337,4 September 10, 2017, DR–4338,5 September 15, 2017, DR–4339,6

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44647 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices

Brown Fund; 97.032, Crisis Counseling;

97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA);

97.046, Fire Management Assistance Grant;

97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long, Administrator, Federal Emergency Management Agency.

[FR Doc. 2017–20439 Filed 9–22–17; 8:45 am]

BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND

SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA–3384– EM; Docket ID FEMA–2017–0001]

Puerto Rico; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

SUMMARY: This is a notice of the Presidential declaration of an emergency for the Commonwealth of Puerto Rico (FEMA–3384–EM), dated September 5, 2017, and related determinations.

DATES: The declaration was issued September 5, 2017.

FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated September 5, 2017, the President issued an emergency declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5207 (the Stafford Act), as follows:

I have determined that the emergency conditions in certain areas of the Commonwealth of Puerto Rico resulting from Hurricane Irma beginning on September 5, 2017, and continuing, are of sufficient severity and magnitude to warrant an emergency declaration under the Robert T.

Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.

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