NEPA_Approved CE_HWY-22.pdf

CATEGORICAL EXCLUSION

Emergency Relief Program Landslide Correction

STATE ROAD PR-108 KM. 20.4

AÑASCO, PUERTO RICO

GROUP 1A (ER-HWY 22)

AC-809544

October 2019

Puerto Rico Highway and Transportation Authority

Emergency Relief Program Landslide Correction

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

TABLE OF CONTENTS

Page

Categorical Exclusion Action Classification Form

Table of Contents

I. GENERAL INFORMATION

II. PROJECT DESCRIPTION

III. PURPOSE AND NEED

IV. PLANNING CONSISTENCY PHASE I

V. PROPOSED IMPROVEMENTS

VI. ENVIRONMENTAL ISSUES EVALUATED FOR THE PROPOSED ACTION

VII. Environmental Commitments required for the proposed project:

APPENDIXES

Appendix A Emergency Declared Documents Appendix B Emergency Relief Program Funds DDIR document Appendix C Figures, Maps and Plans Appendix D US Fisher and Wildlife Service Coordination Appendix E State Historic Preservation Office (SHPO) Coordination Appendix F Categorical Exclusion Checklist

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

PUERTO RICO HIGHWAY AND TRANSPORTATION AUTHORITY

CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM

I. GENERAL INFORMATION

State Project No. AC-809544 Federal Project No.

Project Name Emergency Relief Program Landslide Correction PR-108

Route No. PR-108

From Milepost 20.3 To Milepost 20.4

Municipality (ies) Añasco Length 0.1 Km

ROW Cost To be determined Construction Cost $253,000

EXISTING FACILITY PROPOSED FACILITY

ROW Width 6.50m ROW Width 6.50m

No. Lanes & Width 2 lanes, 3.25mts. each No. Lanes & Width 2 lanes, 3.25mts. each

Shoulder Width 0 mts. Median 0 mts. Shoulder Width 0 mts. Median 0 mts.

Overall Roadway Width 6.50 mts. Overall Roadway Width 6.50 mts.

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

The Proposed Action On September 2017, Hurricane Irma and Maria impacted the island of Puerto Rico. The Governor Hon.

Ricardo Rosselló and the President Donald Trump, declared a state of emergency in the Island. See referenced documents enclosed in Appendix A. One of the affected roads is PR-108 in the Municipality of Añasco.

The Puerto Rico Highway and Transportation Authority (PRHTA) proposes the reconstruction and repairs of the following road segment:

The Project will be financed with funds from the Emergency Relief Program associated to Hurricanes Irma and Maria. Enclosed is the DDIR document (Appendix B).

The PRHTA understands that the proposed action complies with the definition of a Categorical Exclusion (CE). CE are actions which meet the definition contained in 40 CFR 1508.4, and, based on 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

Project ID Road Segment

ER-HWY-22 PR-108 Km 20.4

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico travel patterns; or do not otherwise, either individually or cumulatively, have any significant environmental impacts.

Location The proposed action is found on State Road PR-108, Rio Arriba Ward of the Municipality of Añasco. The Lambert coordinates for the area are X= 134779.303, Y= 248873.152.The location of the proposed project is shown in Appendix C, Figure No.1, Project Location Map.

Existing Conditions Heavy rains from the weather events triggered several landslides along on the PR-108 segment. The existing conditions for the affected area are described below:

The segment is located in a rural-residential area. The landslide is located on the southbound side of the road, opposite several residences. Part of the roadway and the shoulder washed-out, leaving part of the guardrail hanging. In the area of the landslide a deep ditch was formed, where the natural soil of the area is visible.

Towards the southern limit of the project, near kilometer 20.25, there is a cut profile several meters high on the northbound side, a product of the road’s construction. In the exposed profile some loss of soil is appreciated, a product of another landslide that did not affect the road. In this area, a drainage structure was identified, consisting of a concrete headwall with a concrete pipe that crosses below the street from east to west.

In the area of the landslide at km 20.40, the score mark of a trench, evidencing a buried utility, can be seen in the center of the road. This trench follows the contour of the landslide, suggesting that it was an emergency repair caused by it. In this area, there is also an exposed cut on the northbound side, which shows that the side of the mountain was cut to build the road.

Proposed Project The project consists in performing repairs on the segment of the PR-108 which include primarily the embankment stabilization of area of the road where landslides have occurred, the improvement of the drainage system of the road section, application of protective measures for erosion control, strengthening and replacement of existing drainage system (pipes, culverts, manholes and inlets) which have failed, and the replacement of safety features like guardrails and pavement markings.

An earth retention system shall be the method used for the stabilization and segment reconstruction.

Design drawings showing the typical section of the PR-108, ROW limits, acquisitions, and proposed repairs are included in Appendix C.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

III. PURPOSE AND NEED

Purpose The purpose of the Project is to stabilize the deteriorating section of the PR-108 roadway, to ensure the safety of this vital transportation corridor. Stabilizing the roadway and slopes adjacent to the roadway, and the drainage system improvements would ensure life and properties in the area.

Need The proposed project is needed for the following reasons:

• The roadway segment is in poor condition due to the movement of the landslides, which has opened deep tension cracks and large subsurface cavities adjacent to the roadway.

• The movement of the roadway bases has created a safety hazard for the traffic.

• The potential exists for a catastrophic failure of the roadway section.

• The roadway is an important corridor for local traffic.

PRHTA proposes to perform the construction of a Gravity Wall based on the following reasons:

• Can be built on the edge of the road as a jersey barrier.

• The closer the retaining wall is to the roadway edge; the less retaining wall height is required.

• Less Impact in Right of Way Area.

• Estimated Construction Cost is the lowest in comparison with the other alternatives.

IV. PLANNING CONSISTENCY PHASE I

Estimated construction time: Four (4) to six (6) months

Estimated Construction Cost: $253,000

Estimated date for ROW: First semester of 2020

Estimated date for PS&E: First semester of 2020

Estimated date for Construction phase begins: First semester of 2020

Project STIP Consistency: This Project will be financed with funds from the Emergency Relief Program associated to Hurricanes Irma and Maria. Enclosed is the DDIR document (Appendix B).

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

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.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

(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.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

(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 the 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.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

(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) 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 the 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.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

VI. ENVIRONMENTAL ISSUES EVALUATED FOR THE PROPOSED ACTION

ECOLOGICAL

1. Would 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:

To comply with Section 7 of the Endangered Species Act, the USFWS IPaC website was used to obtain an Official Species List (See Appendix D) identifying the federally protected species which could occur within the environmental study area and to make an anticipated Effects Determination for each species. The USFWS IPaC Official Species List identified the following species as potentially occurring within the project area: Puerto Rican boa (Epicrates Inornatus).

According to the nature of the project, habitat characteristics, and the implementation of PRHTA BMPs, it is the agency belief, that the project is not likely to adversely affect federally-listed species or their critical habitats, therefore, the USFWS concurred that no further consultation is required (See Appendix D). Nevertheless, if the project is modified or if information on impacts to listed species becomes available, PRHTA will contact the USFWS office concerning the need for the initiation of consultation under Section 7 of the Act. A number of conservation measures to avoid and minimize harm to the aforementioned listed species that could be encountered has been included in Appendix D.

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:

The proposed project is outside any endangered or threatened species habitat. A consultation letter was submitted to USFWS and their concurred on July 11, 2019. Copy of the concurrence letter is included in Appendix D.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

4. Does the project affect USACE jurisdictional areas?

The project would not affect jurisdictional water of the US

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. Do the project affect areas cover 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

Additional comments:

No UST’s or hazardous materials were observed within the project limits.

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

The proposed project construction is in upland, not required Coast Guard permit.

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

Additional comments:

The FEMA flood map panel for the Project Areas is 72000C0545H, with an effective date on April 19, 2005. A Zone X floodplain has been mapped for the subject area. See Appendix B, Figure 4, FEMA Flood Map.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

10. Does the project affect water bodies?

No water bodies would be affected by the proposed project area.

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

The proposed project did not require the preparation of an H-H study.

12. Does the project affect Wild and Scenic Rivers?

Puerto Rico has approximately 5,385 miles of river, of which 8.9 miles of three rivers are designated as wild and scenic: Rio de la Mina, Rio Icacos and Rio Mameyes. The proposed project is located far from these water bodies.__ ______

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

The proposed project would not affect Essential Fish Habitat.

14. Does the project affect coastal municipalities?

The proposed project is far from the coastal area of the municipality. The project is located outside of Coastal or maritime zones.

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

The proposed project would not affect the existing floodplain levels.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

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

The proposed project would not require any stream relocation or channel changes.

17. Does the project affect trees?

The Flora Survey conducted at the site revealed that no trees will be cut during the execution of the Proposed Project.

SOCIAL, ECONOMIC AND CULTURAL RESOURCES

18. Would 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. Would the project require the relocation of any family or business?

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

20. Would 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. ______

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

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

Additional ROW (133.756 square meters) to accommodate the proposed slopes repairs and drainage improvements would be required. Also, a temporary easement (70.264 square meters) would be necessary for construction purposes. PRHTA would provide compensation for landowners under laws of the Commonwealth of Puerto Rico, and the FHWA Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act).

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 community services?

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

24. Does the project consider non-discrimination considerations?

The proposed project considers the non-discrimination considerations.

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

No adverse impact on the existing noise levels is expected. Construction noise would create a temporary and intermittent impact; however, no area would be exposed to construction noise for long term duration, and therefore, extended disruption of normal activities is not anticipated.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

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

The proposed project complies with the national air quality standards (NAAQS).

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

Because mobile sources air toxics emissions are not expected to increase and no exceedances of the National Ambient Air Quality Standards (NAAQS) are anticipated, no adverse air quality effects are expected from the project. Any air emission from proposed work would be short-term in duration and very site-specific.

28. Does the project affect farmlands areas?

The proposed project would not affect farmlands areas. _

29. Does the project have any significant aesthetic effects?

No adverse impacts to the existing visual character and quality are anticipated. _

30. Does the project affect recreational areas?

The proposed project would not affect recreational areas.

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

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

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

32. Would 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. The project would keep the same geometry and would improve safety traffic along the PR-108.

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

Yes No

Additional comments:

PR-108 segment would be remaining open, but temporary half section closure may be necessary. Proper advance notice of the closure would allow uninterrupted access. The Maintenance of Traffic (MOT) for the Proposed Project includes the temporary half section closure; the installation of the temporary traffic control device; the installation of temporary traffic signs; concrete barriers; and others.

34. If the project is a bridge replacement project, would the bridge be replaced at this existing location (along with 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.

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

Additional comments:

No bridges or culverts would be affected by the Proposed Project. Drainage structures would be maintained and cleaned, as part of the proposed project scope.

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

No historical bridges or culverts are found in the Proposed Project.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

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

Yes No

No substantial controversy is expected related to the proposed project.

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

Yes No

Additional comments:

An identification of archeological remains and evaluation of effects was conducted by a qualified archaeologist. No archeological remains were identified. The letter documenting concurrence from the State Historic Preservation Office (SHPO) is enclosed (Appendix E). If unexpected cultural resources are encountered at any time within the project area, work should cease in the immediate vicinity of such discoveries. SHPO would be notified and project activities should not resume without authorization from

SHPO. _______________

40. Would the project affect any historic property?

As part of the damages and possible solutions evaluation for the landslide problem, an identification of historic properties and evaluation of effects was conducted. The site was evaluated by a qualified archaeologist. The study had a determination of no effect due to the undertaking and no further studies were recommended. The letter documenting concurrence from the State Historic Preservation Office (SHPO) is enclosed (Appendix E).

If unexpected cultural resources are encountered at any time within the project area, work should cease in the immediate vicinity of such discoveries. SHPO would be notified.

Project activities should not resume without authorization from SHPO.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

41. Would 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. Would 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. Would the project require the relocation of utilities or construction of new facilities?

Due to the damages caused by the hurricanes Irma and Maria, rehabilitation and replacement of existing PRASA utilities are required. A consultation to PRASA would be performed if required.

44. Would the project affect airport clearance?

The project doesn’t affect the airport clearance.

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

Yes No

Additional comments:

No accommodation of pedestrian and bicycle facilities are part of the project’s scope. PR- 108 segment is two lane roadways without shoulders, and its capacity for expansion is limited. Its geometry and operational components would be preserved.

PR-108 km. 20.3 to km.20.4 Añasco, Puerto Rico

46. Would the project require public involvement activities?

Additional comments:

The public would be informed of the proposed project using variable messages boards and other methods.

47. Does the project have any potential of controversy?

No potential of controversy is expected for the proposed project.

VII. Environmental Commitments required for the proposed project:

1. The proposed works would be constructed mostly within the existing right of way.

Nevertheless, to accommodate the proposed slopes repairs and drainage improvements an approximately 133.756 square meters (0.034 acres) of land acquisition would be required.

Also, a temporary construction easement (70.264 square meters) would be necessary for construction purposes. PRHTA would provide compensation for landowners under laws of the

Commonwealth of Puerto Rico, and the FHWA Uniform Relocation Assistance and Real

Property Acquisition Policies Act (Uniform Act).

2. The project is not likely to adversely affect federally listed species or their critical habitats.

The implementation of PRHTA BMPs for Epicrates inornatus (Puerto Rican Boa) will be performed.

3. This project would not cause effect on historic properties. 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.

4. During the construction, the PR-108 segment would be remained open, but temporary half section closure may be necessary. A TMP/MOT would be prepared specifically for this project.

5. Erosion and sedimentation control measures would be implemented during the construction activities to prevent the discharge of pollutants into the nearby water bodies.

Our Agency would require the authorization to prepare and implement a Incidental Unique

Permit (PUI, Spanish acronym) and National Pollutant Discharge Elimination System (NPDES) permit (if required). Also, we would request the contractor to comply with any other applicable regulations.

Appendix A – Emergency Declared Documents

Appendix B – Damage Detail Inspection Report

Appendix C – Figures, Maps and Plans

Figure No. 1 Location Plan

Figure No. 2 Aerial Photo

Figure No. 3 Typical Sections

Figure No. 3 Typical Sections

Figure No. 4 FEMA Flood Map

Figure No. 5 Zoning Map

NC

Appendix D – US Fisher and Wildlife Coordination

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Caribbean Ecolog1cal Services

Field Office

P.O. Box 491

Boqueron. PR 00622

In Repl� Refer to:

FWS R4 CESFO MM-141

Ms. Alexandra Velazquez Delgado Director Programming and Special Studies Area Puerto Rico Highway Authority PO Box 42007 San Juan. Puerto Rico 00940-2007

Dear Ms. Velazquez

JUL 1 1 2019

Re: Landslide and Road Damage Emergency Program Repairs. Puerto Rico

Thank you for your letter of July 09. 2019. requesting comments on the proposed project. As per your request. our comments are provided under the Endangered Species Act (Act) (87 Stat. 884.

as amended: 16 United States Code 1531 et seq.). and the Fish and Wildlife Coordination Act (48 Stat. 401. as amended: 16 U.S.C. 661 et seq.).

The Puerto Rico Highway and Transportation Authority (PRHT A) is proposing to permanent repair 48 landslides and road damage sites in Puerto Rico due to the damages caused by hurricanes Iima and Maria. The repairs will consist of roadway rehabilitation. reconstruction of sidewalks. repairs of storm sewers. landslides corrections. construction of concrete curbs and gutters. and other miscellaneous works.

As indicated in your letter. the project sites are located v.ithin the range of the follov,,fog species:

the Puerto Rican Boa (Epicrates inornatus). palma de manaca (Ca/yptronoma riw.1/is). Cordia helfonis. palo de jazmin (Styrax portoricensis). Schoepfia arenaria, uvillo (Euf?enia haemmocarpa). palo de rosa (Otto chuba rhodoxylon). guaj6n (Eleutherodacty/11s cooki).

Pue110 Rican plain pigeon (Columba inornata wetmorei). Pueno Rican pa1Tot (Ama:=ona ,•itlata).

the Puerto Rican broad-winged ha,\.k (Buteo platypterus brunnescens) and the Puerto Rican sharp-shinned hawk (Accipiler stria1us ,·ena/or). Therefore. the PRHTA is proposing to implement Best Management Practices (BMP"s) previously pro\ided by the Service prior to and during the road damage repairs to avoid or minimize impacts to fcderall) -listed species.

Ms. Velazquez

According to the information provided by PRHTA. the nature of the project. habitat characteristics. and the implementation of the BMP" s. we believe that these projects are not likely to ad\'ersely affect federally-listed species or their critical habitats. Therefore. no further consultation is required. eve1theless. if the project is modi tied or if information on impacts to listed species becomes a,·ailable this office should be contacted concerning the need for the initiation of consultation under section 7 of the Act.

Thank you for the opportunity to comment on this project. We appreciate your interest in protecting endangered species and their habitats. It is the Service· s mission to work with others to conserve. protect, and enhance fish. wildlife. and plants and their habitats for the continuing benefit of our people. If you have any questions or require additional information. please contact Mare! isa Ri\'era at 787-851-7297. extension 206.

drr

Sincerely yours.

,Q, �IA

Edwin E. uniz Field Supervisor

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-0852

Event Code: 04EC1000-2019-E-01236

Project Name: Emergency Relief Program Landslides and Road Damage Repair – ER-HWY-22

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.

June 24, 2019 http://www.fws.gov/caribbean/es

06/24/2019 Event Code: 04EC1000-2019-E-01236 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:

06/24/2019 Event Code: 04EC1000-2019-E-01236 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 http://www.fws.gov/caribbean/es

06/24/2019 Event Code: 04EC1000-2019-E-01236 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

06/24/2019 Event Code: 04EC1000-2019-E-01236 2

Project Summary Consultation Code: 04EC1000-2019-SLI-0852

Event Code: 04EC1000-2019-E-01236

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

HWY-22

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/18.273757510014065N67.05032429858181W

Counties: Añasco, PR https://www.google.com/maps/place/18.273757510014065N67.05032429858181W https://www.google.com/maps/place/18.273757510014065N67.05032429858181W

06/24/2019 Event Code: 04EC1000-2019-E-01236 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.

https://www.fisheries.noaa.gov/ https://ecos.fws.gov/ecp/species/6628 https://ecos.fws.gov/ipac/guideline/design/population/156/office/41430.pdf

06/24/2019 Event Code: 04EC1000-2019-E-01236 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.

http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx

Ms. Alexandra Velázquez Delgado

Director

Programming and Special Studies Area

U.S. Fish and Wildlife Service-Endangered Species Act Emergency Section 7 Consultation

Best Management Practices (BMPs) for Federally Listed Species in Relation to Emergency

Works on Various Roadways in Puerto Rico due to Hurricanes Irma and Maria

Thank you for letter dated September 25, 2017, regarding the emergency work on various roadways in Puerto Rico due to Hurricanes Irma and Maria (Project # AC-800535/800356).

According to the information provided by the Puerto Rico Highway and Transportation

Authority (PRHTA), the proposed activities consist of roadway rehabilitation, guardrail reinstallation, traffic sign reinstallation, traffic control systems reinstallation, pavement marking, reconstruction of sidewalks, storm sewers repairs, landslide correction, bridge repairs, installation of temporary bridges, replacement of bridges, bridge scouring repairs, bank stabilization; and the construction of rubble concrete walls, concrete curb and gutters, prefabricated drainage composite, and concrete paved waterways, among other miscellaneous work.

The proposed actions are within or close to roads that were damaged by the two hurricanes.

Thus, we would expect few encounters, if any, with federally listed species. Specifically, we have no concerns relative to impacts to listed species for activities related to roadway rehabilitation, guardrail and traffic sign reinstallation, traffic control system reinstallation, reconstruction of sidewalks, or pavement marking. All these activities will be in structures already in place and no listed species are associated to them.

With respect to storm sewer repairs, bridge repairs, bridge replacements, installation of temporary bridges, and bridge scouring repairs, no listed species are likely to be impacted as long as the work is conducted within the footprint of the existing structures. Regarding landslides corrections and bank stabilizations, these activities imply some habitat modification that could directly or indirectly impact listed species.

Here we provide a number of conservation measures to avoid and minimize harm to the following listed species that could be encountered in some of the sites included in the list of projects submitted by PRHTA:

Animals:

Puerto Rican boa (Epicrates inornatus), Virgin Islands tree boa (Epicrates monensis granti), Coquί guajón (Eleutherodactylus cooki), Puerto Rican parrot (Amazona vittata vittata), Puerto

Rican sharp-shinned hawk (Accipiter striatus venator), Puerto Rican broad-winged hawk (Buteo platypterus brunnescens), Puerto Rican plain pigeon (Patagioenas inornata wetmorei), Elfin-woods warbler (Setophaga angelae), Leatherback sea turtle (Dermochelys coraicea), Hawksbill sea turtle (Eretmochelys imbricate), and Green sea turtle (Chelonia mydas).

Plants:

Palo de Ramón (Banara vanderbiltii), Cordia bellonis (no common name), Higüero de Sierra

(Crescentia portoricensis), Cobana Negra (Stahlia monsperma), Beautiful goetzea (Matabuey;

Goetzea elegans)

A. Snakes:

Both the PR boa and the VI boa may be encountered while conducting the proposed activities because they area known to use debris piles for shelter and for finding food.

Both species are more active at night and are also known to seek shelter within vehicles, heavy machinery compartments (e.g., engine), housing and buildings, and used tires.

The PR boa and the VI boa are non-venomous snakes and pose no life threating danger to human beings. Although they are considered generally docile, some individuals might try to bite if disturbed or during capture and handling. Due to the habitat destruction caused by the hurricanes, these snakes might be moving more frequently and traveling longer distances in search for food and shelter.

The PR boa has a widespread distribution across Puerto Rico and may also be found in the Island of Vieques.

The VI boa has a more limited distribution in northeast…