Categorical Exclusion (NEPA) .pdf

EFLHD NEPA Categorical Exclusion Form

FWS CAVA 102(1) EFL-TM-ENV-03(03)

Eastern Federal Lands Highway Division

NEPA MEMO-TO-FILE

Project Number: FWS CAVA 102(1) Date: 8/14/2020 Project Name: Camp 70 Road and Trail Improvements

Location: Canaan Valley National Wildlife Refuge Davis, Tucker County, West Virginia

Subject Memorandum to update Endangered Species Act, Section 7 consultation.

NEPA/ESA Background:

A categorical exclusion (CE) was signed by FHWA on May 29, 2020 (see attached). The CE was based on a preliminary Intra-Agency Endangered Species Act consultation submitted by Refuge staff to the USFWS West Virginia Ecological Services Office. Refuge staff concluded the project would have no effect on Cheat Mountain salamander (Plethodon Netting). The project complied with 4(d) rule for the Northern Long-eared bat (Myotis septentrionalis). The project may effect, but is not likely to adversely effect, the Indiana bat (Myotis sodalist) and the Virginia Long-eared bat (Corynorthinus townsendii virginianus). The draft consultation contained several mitigation commitments, including a time of year restriction specifying that tree cutting must occur between October 15-March 31.

Endangered Species Act, Section 7 Update:

On July 21, 2020, the USFWS West Virginia Field Office responded to the Refuge Intra-Service Section 7 consultation request (see attached). The letter concurs with the refuge determinations.

The letter contains one mitigation commitment that differs from the original letter sent by the refuge. The revised mitigation commitment states that “tree clearing restrictions will include that trees greater than five inches diameter at base height will not be removed outside of the November 15-March 31 clearing window”. The project Special Contract Requirements will be updated accordingly.

Memorandum prepared by: Ryan Kimberley, FHWA Environmental Protection Specialist

July 2, 2020

Ms. Dawn Washington Refuge Biologist Canaan Valley National Wildlife Refuge 6263 Appalachian Highway Davis, West Virginia 26260

Re: Canaan Valley National Wildlife Refuge Camp 70 Road and Parking Lot Improvements, Tucker County, West Virginia (FWS File Number 2020-I-0777)

Dear Ms. Washington:

This letter responds to your March 8, 2020, request for information regarding the potential occurrence of federally listed species and their designated critical habitats within the area of the above project. The project is located along Camp 70 Road (FWS Route 102) in the town of Davis in Tucker County, West Virginia.

Canaan Valley National Wildlife Refuge (CVNWR) proposes to reconstruct 1000 feet of Camp 70 Road, expand an existing parking lot to improve capacity, and reconstruct the River’s Edge Trail leading to a kayak launch on the Blackwater River to be Americans with Disabilities Act (ADA) compliant. The comments below are provided pursuant to Section 7 of the Endangered Species Act (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). This project has been assigned FWS File Number 2020-I-0777 and all future correspondence should clearly reference this FWS File Number.

The U.S. Fish and Wildlife Service (Service) West Virginia Field Office (WVFO) has determined that four federally listed species may occur within the project area and may be affected by the construction of this project – the endangered Indiana bat (Myotis sodalis) and Virginia big-eared bat (Corynorhinus townsendii virginianus), and the threatened northern long-eared bat (Myotis septentrionalis) and Cheat Mountain salamander (Plethodon nettingi).

Federally Listed Bats The Indiana bat and northern long-eared bat may use the project area for foraging and roosting between April 1 and November 15. Indiana bat summer foraging habitats are generally defined as riparian, bottomland, upland forest, and old fields or pastures with scattered trees. Roosting and maternity habitat consists primarily of live or dead hardwood tree species which have exfoliating bark that provides space for bats to roost between the bark and the bole of the tree.

Tree cavities, crevices, splits, or hollow portions of tree boles and limbs also provide roost sites.

United States Department of the Interior

FISH AND WILDLIFE SERVICE

West Virginia Field Office 6263 Appalachian Highway Davis, West Virginia 26260

Ms. Dawn Washington 2 July 21, 2020

In West Virginia, the Service considers all forested habitat containing trees greater than or equal to 5 inches in diameter at breast height to be potentially suitable as summer roosting and foraging habitat for the Indiana bat. Indiana bats feed on emerged aquatic and terrestrial flying insects.

Moths, caddisflies, flies, mosquitoes, and midges are major prey items. Aquatic insects that have concentrated emergences or that form large mating aggregations above or near water appear to be preferred prey items. As a result, streams, wetlands, and associated riparian forests are often preferred foraging habitats for pregnant and lactating Indiana bats. Indiana bats also forage within the canopy of upland forests, over clearings with early successional vegetation (e.g., old fields), along the borders of croplands, along wooded fencerows, and over farm ponds in pastures. Increased erosion and sedimentation of streams reduces diversity and biomass of benthic insects, which are prey for both bat species.

Similar to the Indiana bat, northern long-eared bat foraging habitat includes forested hillsides and ridges, and small ponds or streams. Northern long-eared bat are typically associated with large tracts of mature, upland forests with more canopy cover than is preferred by Indiana bats.

Northern long-eared bat seem to be flexible in selecting roosts. They choose roost trees based on suitability to retain bark or provide cavities or crevices, and this species is known to use a wider variety of roost types than the Indiana bat. Males and non-reproductive females may also roost in cooler places like caves and mines. Although rare, this bat has also been found roosting in structures like barns and sheds.

Indiana bats and northern long-eared bat use caves or mine portals for winter hibernation between November 15 and March 31. These species also use the hibernacula and the areas around them for fall-swarming and spring-staging activity (August 15 to November 14 and April 1 to May 14, respectively). Some males have been known to stay close to the hibernacula during the summer and may use the hibernacula as summer roosts. There may be other landscape features being used as hibernacula by northern long-eared bats during the winter that have yet to be documented.

The Service’s WVFO has reviewed the number of acres of potentially suitable foraging and roosting habitat on the West Virginia landscape available to each Indiana bat, versus the total acreage of forest. On that basis, we have determined that small projects, more than 10 miles from a known Priority 1 or 2 Indiana bat hibernaculum, more than five miles from a known Priority 3 or 4 Indiana bat hibernaculum, or more than 2.5 miles from any known maternity roost, or more than five miles from summer detection sites where no roosts were identified, that affect less than 17 acres of forested habitat, and will not affect any potential hibernacula, will have a very small chance of resulting in direct or indirect effects to the Indiana bat, and therefore these effects are considered discountable. As new information becomes available, the Service may review and update this assessment.

The Service’s WVFO concurs with CVNWR’s determination that the project may affect, but is not likely to adversely affect the Indiana bat because the project: 1) will affect less than 17 acres of potential Indiana bat foraging or roosting habitat; 2) is not within any of the Indiana bat hibernacula or summer use buffers described above; 3) will not affect any potential caves or mines that could be used as hibernacula for this species; and 4) effects to aquatic features used for foraging habitat will be insignificant.

Ms. Dawn Washington 3

On page 6 of the project’s Intra-Service Section 7 Biological Evaluation Form, dated May 8, 2020, CVNWR committed to seasonal tree clearing restrictions. These tree clearing restrictions will include that trees greater than five inches diameter at base height will not be removed outside of the November 15-March 31 clearing window.

The northern long-eared bat may occur within the range of the proposed project, and may be affected by the proposed construction and operation of this project. Any take of northern long-eared bat occurring in conjunction with these activities that complies with the conservation measures (as outlined in the 4(d) rule), as necessary, is exempted from ESA Section 9 prohibitions by the 4(d) rule and does not require site specific incidental take authorization. Note that the 4(d) rule does not exempt take that may occur as a result of adverse effects to hibernacula and that no conservation measures are required as part of the 4(d) rule unless the proposed project: 1) involves tree removal within 0.25 miles of known northern long-eared bat hibernacula; or 2) cuts or destroys known, occupied maternity roost trees or any other trees within a 150-foot radius around known, occupied maternity tree during the pup season (June 1 to July 31). This proposed project is not located within any of these radii around known hibernacula or roost trees and will not affect any known northern long-eared bat hibernacula, therefore any take of northern long-eared bat associated with this project is exempted under the 4(d) rule and no conservation measures are required.

Virginia big-eared bats use caves or abandoned mine passages year-round as roost sites. During the winter, most populations hibernate in a few cold caves or mines that provide optimum temperatures for hibernation. During the summer, females congregate in warmer maternity caves to raise their young. They forage for moths in forests, hayfields, old fields, riparian corridors, or wetlands.

No caves or portals occur within the project area or will be impacted by the project. While the project area may be utilized as foraging habitat and 16 trees will be removed, the habitat lost comprises an insignificant proportion of the total available habitat in the surrounding area. For these reasons, the Service’s WVFO concurs with CVNWR’s determination that the project may affect, but is not likely to adversely affect the Virginia big-eared bat.

Cheat Mountain Salamander The Cheat Mountain salamander is a woodland salamander species found only in Randolph, Pendleton, Pocahontas, Tucker, and Grant Counties Cheat Mountain salamander appear to prefer red spruce and mixed spruce/northern hardwood forests, and have been found in hardwood stands some distance from spruce. These forests include yellow birch, American beech, sugar maple, striped maple, and Eastern hemlock trees. Typically, this species is found in cool, moist red spruce forests with a ground cover comprised of a liverwort called Bazzania and an abundance of cover such as rock outcrops, emergent rocks, leaf litter, fallen logs, and sticks.

Only one tract of the Refuge has documented occupied habitat for the Cheat Mountain salamander; this tract occurs in in the southern end of the Refuge while this project occurs in the northern end. The salamanders have very specific habitat requirements, and the project area does not appear to be within suitable habitat. The work will predominantly occur within pre-disturbed

Ms. Dawn Washington 4 areas and will not impact Cheat Mountain salamander habitat. Thus, the WVFO concurs with CVNWR’s determination that the project should result in no effect to the Cheat Mountain salamander.

Conclusion Based on the information provided, the Service does not anticipate this project is likely to adversely affect any federally listed species.

Should project plans change or amendments be proposed that we have not considered in your proposed action, or if additional information on listed and proposed species becomes available, or if new species become listed or critical habitat is designated, this determination may be reconsidered.

If you have any questions regarding this letter, please contact Kristin Stockton on my team at 304-679-1620 or at the letterhead address.

Sincerely, Jennifer L. Norris Field Supervisor

Ms. Dawn Washington 5 cc:

Project File Reader File ES:WVFO:KStockton:skd:7/21/2020 File Name: P:\Correspondence To Sign & Send\1 - Project Reviews\Kristin\2020-I-0777 CVNWR Camp 70 Road and Parking Lot Improvements\2020-I-0777_Camp 70 Road and Parking Lot Improvements_5.8.2020.docx

NEPA Categorical Exclusion Form

Project Number: FWS CAVA 102(1) Date: 5/29/2020

Project Name: Camp 70 Road, and ADA Trail Improvements

Location: Canaan Valley National Wildlife Refuge Davis, Tucker County, West Virginia

FHWA CE

Category

23 CFR 771.117 (c)(23): Federally funded projects

(i) That receive less than $5,000,000 [now $5,500,515.05 as adjusted for inflation] (ii) With a total estimated cost of not more than $30,000,000 [now $33,003,090.30 as adjusted for inflation...]

USFWS CE

CATEGORY

516 DM 2.3A(2) 1.6 Routine and continuing government business, including such things as supervision, administration, operations, maintenance, renovations, and replacement activities having limited context and intensity;

Project Description The project proposes to reconstruct 1000 feet of Camp 70 Road (FWS Route 201) including a portion outside the refuge boundary on West Virginia state-owned land. The project will reconstruct the parking area with additional parking including parking for trailers. The River's Edge Trail will be reconstructed to improve accessibility for the new ADA compliant canoe/kayak launch on the Blackwater River. The roadway and trail drainage features will also be upgraded

Environmental Commitments and Mitigation Measures

Enhanced erosion and sediment control measures will be implemented to ensure protection of the wetlands and Blackwater River

If archaeological deposits are encountered during construction, halt work in vicinity and notify FHWA/ USFWS

Do not disturb any remaining historic rail road abutments near the river Refuge staff will either be present on site or will check in daily to ensure that no trees other than those shown on the 95% plans are removed.

Tree clearing will occur between October 15 and March 31.

Some trees will be reevaluated to see if trimming of branches instead of complete removal can occur during time of construction.

Summary of Section 7 of the Endangered Species Act Compliance Canaan Valley NWR initiated intra-agency Section 7 consultation within the Fish and Wildlife Service for this project on July 26, 2019, to evaluate potential impacts to the Cheat Mountain salamander (Plethodon Netting), Indiana bat (Myotis sodalist), Northern Long-eared bat (Myotis septentrionalis), and the Virginia Long-eared bat (Corynorthinus townsendii virginianus). West Virginia Ecological Services concurred with the No effect determination made by Canaan Valley NWR on July 30, 2019 with mitigation commitments. Subsequently, project engineers determined that sixteen trees would require removal. In a letter dated May 29, 2020, USFWS revised their Section 7 determination and provided additional mitigation measures (see mitigation measures above) to protect the bat species.

Summary of Section 106 of the National Historic Preservation Act Compliance Canaan Valley NWR initiated Section 106 review with the USFWS Northeast Region Historic Preservation Officer on May 14, 2019, under review number 2019.WV.CAV.004. The RHPO found historic properties adjacent to the project, but made a no Adverse Effect determination on July 3, 2019. The project was sent to the West Virginia Historic Preservation Office for review on April 14, 2020. On May 21, 2020, WVSHPO responded via email acknowledging FHWA’s decision to move forward based on our determination.

Additional Agency Coordination and Compliance

A National Pollutant Discharge Elimination System (NPDES) permit will be required from the West Virginia Department of Environmental Protection

A US Army Corp Section 404 permit and corresponding State Water Quality Certification will be required

Categorical Exclusion Recommendation:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I believe the project should be categorically excluded from further NEPA analysis.

Ryan Kimberley Environmental Protection Specialist

Federal Highway Administration

Date

Categorical Exclusion Determination:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I am categorically excluding the described project from further NEPA analysis. The project meets the 23 CFR 771.117(c)(23) definition of a categorical exclusion.

Kevin S. Rose Environmental Team Leader

Federal Highway Administration

RYAN DEFOREST KIMBERLEY Digitally signed by RYAN DEFOREST KIMBERLEY Date: 2020.05.29 15:51:45 -04'00'

KEVIN S ROSE

Digitally signed by KEVIN S

ROSE

Date: 2020.05.29 16:30:16 -04'00'

Categorical Exclusion Determination:

On the basis of the environmental impact information in the statutory compliance file, with which I am familiar, I am categorically excluding the described project from further NEPA analysis. The project meets the definition of a categorical exclusion as described in 516 DM 2.3A(2) 1.6.

Ron Hollis Refuge Manager Canaan Valley National Wildlife Refuge US Fish and Wildlife Service

RONALD

HOLLIS

Digitally signed by RONALD

HOLLIS

Date: 2020.06.04 14:54:10 -04'00'

Appendix A: Environmental Checklist

Section 7 of the Endangered Species Act:

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

If Yes, effects determination:

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

Affect Section 106 of the National Historic Preservation Act:

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

Will previously undisturbed ground be disturbed?

Yes No

Effects determination:

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

Was tribal consultation completed? Yes No Water and Wetlands:

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

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

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

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

Yes No

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

Floodplains:

Is the project in a FEMA floodplain?

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

Section 4(f) of the USDOT Act:

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

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

If Yes, De Minimis Finding: Programmatic: Individual 4(f):

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

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

Yes No

If Yes, was documentation of approval from National Park Service Director received for the conversion or replacement of 6(f) property? Yes No

Coastal Zone Management Act of 1972:

Is the project in a Coastal Zone? Yes No If yes, will a Federal Consistency Review be completed? Yes No

Right of Way:

Is the project completely within the transportation facility’s right-of-way? Yes No If no, will the project require relocations or easements? Yes No

Hazardous Waste and Materials:

Are hazardous materials or contamination exceeding regulatory thresholds (as set by U.S. EPA, County Environmental Health, etc.) present? Yes No If Yes, is the nature and extent of the hazardous materials or contamination fully known? Yes No, plan for securing information provided in Notes Section 7(a) of the Wild and Scenic Rivers Act:

Are there Wild and Scenic Rivers? Yes No Eligible If Yes, has review by the river-administering agency been completed? Yes No

Clean Air Act:

Is the project in a non-attainment area? Yes No

If Yes, is the project on the Transportation Improvement Program(TIP)/State Implementation Plan(SIP)? Yes No

Highway Traffic and Construction Noise Regulations:

The proposed project is a Type I project (highway on a new location, substantial horizontal or vertical alteration, new through or auxiliary lanes). Noise analysis is required.

The proposed project is a Type II project (retrofit for noise abatement).

The proposed project is a Type III project (noise analysis not required).

Does not apply.

Environmental Justice and Title IV Act:

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

Yes, explanation provided in Notes section No Will the project induce disproportionately high and adverse impacts to minority, low income, or special groups? Yes, additional analysis is needed No