NEPA_(Categorical_Exclusion_Form).pdf

Categorical Exclusion Form Great Bay National Wildlife Refuge

Rockingham County, NH

Project: GREA 10(1) Date: November 12, 2014

Project description, including location:

The Eastern Federal Lands Highway Division, of the Federal Highway Administration (FHWA), in cooperation with the U.S. Fish and Wildlife Service (USFWS), is preparing plans to do work along Arboretum Drive and at the refuge parking lot of Great Bay National Wildlife Refuge in Rockingham County, New Hampshire. The purpose of this project is to reconstruct the roadway and parking lot, and repair or replace their appurtenances using green methods to the greatest extent possible. Work requires the reconstruction of approximately 3,000 linear feet of 24-foot-wide asphalt pavement along the roadway, and reconstruction of a 24,000 square foot asphalt parking lot. One 18-inch corrugated metal pipe crosses beneath Arboretum Drive approximately 500 feet west of McIntyre Road and will need to be replaced. Signs will be replaced in kind as necessary and additional signs may be added to meet current standards.

Describe the category used to exclude the action from further NEPA:

FWS: 516 DM 2.3A(2) 1.7 Routine and continuing government business, including such things as supervision, administration, operations, maintenance, renovations, and replacement activities having limited context and intensity;

FHWA: 23CFR 771.117 (d)(1) Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing).

Describe any public or agency involvement effort conducted:

By letter dated August 15, 2014 the FHWA sent a letter to the U.S. Fish and Wildlife Service (FWS) requesting concurrence on a may affect, but not likely to adversely affect determination on Federally-listed species found on a species by county list. FHWA was advised by FWS to use the FWS Information, Planning and Conservation (IPac) website to generate a species list. FHWA generated a species list based off IPac and determined that no Federally-listed species occur in our project area (attached response), and therefore no further coordination with the FWS is required under Section 7 of the Endangered Species Act of 1973, as amended.

By letter dated October 24, 2014 the FHWA sent a letter to the New Hampshire Division of Historic Resources (DHR) requesting concurrence on a no effect on historic properties determination. By letter dated October 27, 2014 the DHR determined that there is no potential to cause effects. DHR commented and said “Several archaeological sites are located in the vicinity of the roadway, no potential to cause effects if all work remains in road bed.”

23 CFR 771.117 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.

The proposed action will: YES NO Induce significant impacts to planned growth or land use for the area x

Require the relocation of significant numbers of people x

Have a significant impact on any natural, cultural, recreational, historic, or other resource x

Involve significant air, noise, or water quality impacts x

Have significant impacts on travel patterns x Otherwise, either individually or cumulatively have any significant environmental impacts x

If any box is checked yes, the action may not be categorically excluded and an EA or EIS must be prepared. If none are checked yes, attach Environmental Screening Form, notes from consultation with agencies and/or the public, notes of site visits and any other material related to the environmental impact of the proposal. This becomes the NEPA piece of the statutory compliance file.

Environmental Screening Form

Project GREA 10(1) Date: November 12, 2014

Yes

No

Don’t Know

1. Described fully in one of the list of categorically excluded actions?

2. Consultation with any affected agencies or tribes complete?

3. Site visit completed?

4. Are any significant impacts possible on the following physical, natural, or cultural resources?*

A. Geological resources - soils, bedrock, streambeds, etc.

B. From geohazards?

C. Air Quality, Traffic, or from Noise

D. Water Quality or Quantity

E. Streamflow characteristics x

F. Marine or Estuarine Resources

G. Land Use, including agricultural lands

H. Rare or unusual vegetation-old growth timber, riparian, alpine, etc.

I. Species of special concern (plant or animal; state or federal listed or proposed for listing) or their habitat

J. Unique ecosystems, biosphere reserves, World Heritage sites

K. Unique or important wildlife or wildlife habitat

L. Unique or important fish or fish habitat

M. Introduce or promote non-native species (plant or animal)

N. Recreation resources

O. Visitor experience, aesthetic resources

P. Cultural resources, cultural landscape, etc.

Q. Minority and Low Income Populations

R. Socioeconomics

S. Energy Resources

Yes

No

Don’t Know

T. Other agency or tribal land use plans or policies

U. Resource, including energy, conservation potential

V. Urban quality, gateway communities, etc.

W. Long term management of resources or land/resource productivity

* Insert the word “none” in the “no column” if the reason that a resource is not impacted is because the resource is not found in the project area.

This form is meant to be annotated with relevant information, such as notes of site visit, personnel conducting the site visit, agency officials contacted and their responses, etc. A site visit is required to complete this form, and so is required to categorically exclude a project (sec 3-4), prepare an EA or prepare an EIS.

If the answers to questions 1-3 are yes, and all answers to number 4 are no, complete the categorical exclusion checklist. If any of the answers to question 4 are don’t know, complete an EA. If any are answered yes, either a mitigated EA or EIS is required.

United States Department of the Interior

FISH AND WILDLIFE SERVICE

New England Ecological Services Field Office

70 COMMERCIAL STREET, SUITE 300

CONCORD, NH 3301

PHONE: (603)223-2541 FAX: (603)223-0104

URL: www.fws.gov/newengland

Consultation Tracking Number: 05E1NE00-2015-SLI-0031 October 09, 2014 Project Name: GREA 10(1)

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

To Whom It May Concern:

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

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

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 ), Federal agencies are requiredet seq.

to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

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

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

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

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 ), and projects affecting these species may requireet seq.

development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:

http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;

http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

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

Attachment http://ecos.fws.gov/ipac, 10/09/2014 01:01 PM

Official Species List

Provided by:

New England Ecological Services Field Office

70 COMMERCIAL STREET, SUITE 300

CONCORD, NH 3301

(603) 223-2541 http://www.fws.gov/newengland

Consultation Tracking Number: 05E1NE00-2015-SLI-0031 Project Type: Transportation Project Description: Transportation project within raod prisim.

United States Department of Interior Fish and Wildlife Service

Project name: GREA 10(1)

Project Location Map:

Project Coordinates: MULTIPOLYGON (((-70.8444301 43.0913732, -70.8444301 43.0913818, -

70.8443443 43.0917744, -70.844341 43.0917818, -70.8434827 43.0929719, -70.8434814 43.0929735, -70.8428806 43.0936473, -70.8428769 43.0936506, -70.84204 43.0942146, -

70.8420375 43.094216, -70.8412865 43.0945772, -70.8412789 43.0945792, -70.8412712 43.0945781, -70.8412645 43.0945741, -70.8412598 43.0945679, -70.8412578 43.0945603, -

70.8412589 43.0945526, -70.8412629 43.0945459, -70.8412691 43.0945412, -70.8420188 43.0941806, -70.8428524 43.0936188, -70.8434509 43.0929477, -70.8443061 43.0917618, -

70.8443901 43.0913775, -70.8438976 43.0891567, -70.8438974 43.0891489, -70.8439002 43.0891417, -70.8439056 43.089136, -70.8439128 43.0891329, -70.8439206 43.0891327, -

United States Department of Interior

70.8439278 43.0891355, -70.8439335 43.0891409, -70.8439366 43.0891481, -70.8444301 43.0913732)))

Project Counties: Rockingham, NH

United States Department of Interior

Endangered Species Act Species List

There are a total of 0 threatened or endangered species on your 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. Critical habitats listed under the

Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section further below for critical habitat that lies within your project. Please contact the designated FWS office if you have questions.

There are no listed species identified for the vicinity of your project.

United States Department of Interior

Critical habitats that lie within your project area There are no critical habitats within your project area.

United States Department of Interior