NEPA_CE.pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) NP-GRSM 10N(2), 10N(1) New Found Gap Road, PMIS Nos. 257394 & 207792

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP-GRSM 10N(2), 10N(1) New Found Gap Road, PMIS Nos. 257394 & 207792

Date: 6/23/2020

Project Name: GRSM 10N(2), Rehabilitation of Newfound Gap Road from MP 12.32 to MP 14.76. GRSM 10N(1), Pavement Preservation of Newfound Gap Road from MP 6.14 to 12.32.

Location: National Park Service, Great Smoky Mountains National Park, near Gatlinburg, Sevier County, Tennessee

CE Category 23 CFR 771.117 (c)(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)[..]

See 23 CFR 771.117 for full description of CE categories, including additional requirements when applying (c)26-28.

Project Description NP-GRSM 10N(2): Designated as Schedule A. Work includes asphalt concrete pavement milling and overlay from MP 12.32 to MP 14.76, parking areas, and pull offs; asphalt pavement patching, crack cleaning and sealing, permanent pavement markings, and other miscellaneous work. Pavement patching locations shown in the Asphalt Pavement Patching Summary were provided by EFL Pavements.

NP-GRSM 10N(1): Designated as Schedule B. Work includes asphalt concrete pavement overlay from MP 6.14 to MP 12.32, parking areas, and pull offs; asphalt pavement patching, removal of existing pavement markings, crack cleaning and sealing, permanent pavement markings, and other miscellaneous work. An ultra-thin bonded wearing course (UBWC) is specified for MP

6.14 to MP 12.32.

Miscellaneous work includes replacement of any permanent traffic counter loop detectors on Newfound Gap Road, ditch and shoulder reconditioning (turf, asphalt, stone), stabilizing and re-establishing roadside (turf, asphalt/stone paved) ditches, and replacing accessible parking signs and temporary traffic control. Also included is resetting and repointing the existing stone masonry guard walls at the north and south portals of the Morton Mountain Tunnel and in other

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) minor locations, replacing approximately 500’ existing guardrail from MP 13.0 to 13.08, and replacing a stormwater inlet lid at MP 13.7.

Environmental Commitments and Mitigation Measures Click or tap here to enter text.

Summary of Section 7 of the Endangered Species Act Compliance EFLHD consulted with the USFWS Environmental Conservation Online System (ECOS) Information for Planning and Consultation (IPaC) project planning tool. An April 30, 2020 search in the ECOS IPaC tool identified threatened, endangered or candidate species that may occur within the boundaries of the proposed project sites and/or may be affected by the proposed projects.

EFLHD determined the proposed project actions may affect, but are not likely to adversely affect, the endangered Gray Bat (Myotis grisescens). There is suited bat habitat outside the project area.

The project area is within designated critical habitat for Indiana Bat. The nearest known hibernaculum is White Oaks Sinks and is approximately 14.25 miles from the southern end of the project site, towards the northwest portion of the park. The pavement reconstruction and preservation activities associated with the proposed projects would not have permanent deleterious effects to suited or designated critical habitat for bats, as they occur entirely within Newfound Gap Road’s existing right-of-way. No road widening or tree removal would occur as a result of the proposed actions.

EFLHD has requested and anticipates concurrence from U.S. Fish and Wildlife Service (USFWS). Section 7 Concurrence will be received prior finalizing design and any required mitigation would be implemented.

FHWA-EFLHD has determined that the proposed project actions will have no effect on the following species:

endangered Indiana Bat (Myotis sodalis), and its designated critical habitat, and endangered Northern Long-eared Bat (Myotis septentrionalis). The FHWA-EFL the Programmatic Biological Opinion for Transportation Projects in the Range of the Indiana bat and the Northern Long-eared bat, February 2018 Revision, IPaC Determination Key was used to determine the proposed project would have no effect to Indiana Bat and Northern Long-eared Bat. The project would not include tree removal, nor would construction activities extend past the existing previously disturbed road right of way.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Therefore, the project will have no effect to Indiana Bat or Northern Long-eared Bat.

The project will not affect designated critical habitat for Indiana Bat.

endangered Carolina Northern Flying Squirrel (Glaucomys sabrinus coloratus). This subspecies of Northern Flying Squirrel is found above 4,500’ in elevation in North Carolina, Tennessee, and southwest Virginia. The elevation of Newfound Gap Road at MP 6.14 is 5,000’, the elevation of Newfoundland Gap Road at MP 14.64 is 2,708’. The pavement preservation project would not disturb suited habitat for the Carolina Northern Flying Squirrel (would not result in habitat fragmentation or the removal of suited habitat). Therefore, the project would have no effect to Carolina Northern Flying Squirrel.

endangered Oyster Mussel (Epioblasma capsaeformis). This mussel is now extant in three streams in the state of Tennessee: the Duck River, Maury and Marshall Counties;

the Clinch River in Hancock County; and the Nolichucky River in Hamblen and Cocke Counties. The Little Pigeon River in Sevier County is cited as having limited habitat availability, isolation, degraded habitat and/or low management value or potential. The project follows the West Prong of the Pigeon River, and does not contain primary constituent elements to support Oyster Mussels (i.e. stable stream geometry, substrates, water temperature, suited host fish). The project includes no in-water work. Therefore, the project would have no effect to Oyster Mussels or their suited habitat.

endangered Spruce-fir Moss Spider (Microhexura montivaga). The project area is in range of the designated critical habitat for the spider. In Sevier County, two peaks above 5,400’ in elevation, Mt. Buckley and Mt. LeConte, serve as habitat for the Spruce-fir Moss Spider. Suited habitat is extremely limited and restricted to small areas of rock outcroppings occurring in forest stands dominated by fir trees. Fir trees are being attacked by balsam wooly adelgid, a non-native insect pest. Damage becomes lethal two

(2) to seven (7) years after infestation. Once the fir trees die, the areas beneath the trees can become desiccated. The Spruce-fir Moss Spider requires a consistently humid environment. These projects would have no effect to the Spruce-For Moss Spider, as the highest portion of the project is at 5,000’ in elevation, and the projects do not extend past the existing road and parking areas rights of way. Therefore, the project would have no effect to Spruce-fir Moss Spider.

endangered Spreading Avens (Geum radiatum). Spreading avens is a perennial herb with basal rosettes of leaves arising from horizontal rhizomes. This species is easily distinguished from other Geum species by its large yellow flowers and by its leaves

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

(mostly basal), which have large terminal lobes and small laterals. Spreading Avens is endemic to scattered mountaintops in western North Carolina and eastern Tennessee, where they grow in full sunlight, in shallow aridic soils of high elevation cliffs, outcrops, steep slopes, and gravelly talus associated with cliffs. Substrate types are variable.

Eleven (11) of the sixteen (16) reported populations of Spreading Avens are in Sevier County, Tennessee. The plant is threatened by trampling and associated soil erosion/ compaction from recreational activities and by development. Since the project would not result in additional disturbance outside the existing paved areas, the project would have no effect to Spreading Avens.

Summary of Section 106 of the National Historic Preservation Act Compliance There are eligible properties on the project site, i.e. Newfound Gap Road, stone masonry guard walls, headwalls and bridge walls. There are no eligible architectural resources in the project area. According to NPS, the project will have no potential to affect historic properties. Pavement rehabilitation and preservation will not affect the characteristics which qualify the historic properties as eligible.

Additional Agency Coordination and Compliance All work would be performed under single-lane closures, with time and date restrictions. No traffic detours would be used. Peak park visitation occurs in mid-June through mid-August and again in October. As such, lane closures will not be permitted from June 15 – August 15. Work is anticipated to occur between April 1 – June 14 and August 16 - September 30. No work is permitted on Holidays or weekends. Night work is not preferable with the installation of asphalt overlay and pavement markings. All work would occur within the existing road and parking lots rights-of-way. Staging would occur in existing pullouts and parking lots.

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

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.

____________________________________ _____June 23, 2020____ Nicholle Braspennickx 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(a) definition of a categorical exclusion. No unusual circumstances per 23 CFR 771.117(b) apply.

____________________________________ ____ June 23, 2020____ Kevin S. Rose Environmental Team Leader

Date

Nicholle Braspennickx

KEVIN S ROSE Digitally signed by KEVIN S ROSE Date: 2020.06.23 15:44:48 -04'00'

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

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

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

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 Farmland Protection Policy Act for Highway Projects:

Does the project displace, require acquisition of, or require an easement from farmland?

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04)

Yes No Does the project affect any other resources not listed above? Explain below and list anticipated permits:

N/A i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC:

National Park Service U.S. Department of the Interior

Great Smoky Mountains National Park

Date: 06/18/2020

Letter of Compliance Completion

To: Mike Tomkosky

From: Mark Collins

Subject: NEPA and NHPA Clearance: Pavement Preservation for Newfound Gap Road, TN Side (MP 6.1 to 12.3)

(PEPC: 89530)(PMIS: 207792)

NEPA and NHPA Compliance Complete. For complete compliance information see PEPC Project 89530.

The Superintendent and Interdisciplinary team have reviewed the scope of work and supporting documentation provided in the Planning, Environment, and Public Comment (PEPC) system, and all applicable associated compliance documentation and consultation (e.g. National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, Clean Water Act, Clean Air Act, Wilderness Act, Tribal consultation under EO13175, and other related laws and policies).

The subject proposed project/action(s), therefore, is/are now cleared for all compliance requirements. Project plans and specifications are approved, project funds may be released, and construction and/or project implementation can commence with the following mitigations and conditions/stipulations.

Required Mitigations - For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to:

• Equipment and material staging areas shall be limited to the existing paved or gravel locations approved by the NPS Project Leader to protect vegetation, water quality, archeological resources, and the cultural landscape. Staging areas shall be sited and erosion and sediment control measures used so that runoff does not discharge directly to streams.

• Follow guidelines established in GRSM Management Directive #33-Preventing Introduction and Spread of Invasive Non-Native Plants. Consult GRSM Supervisory Forester (Kris Johnson) prior to transporting materials (e.g., soil, gravel, rock) from in-park stockpiles or importing materials from outside the park. All equipment and tools shall be cleaned completely prior to entering the work zone to prevent the spreading of non-invasive plant seeds. Equipment shall be inspected for compliance. Do not place straw on disturbed lands or use plastic mess netting. Reseed with park approved seed mix only.

• In the event that cultural resources are inadvertently encountered during the project, the site supervisor shall temporarily stop work to protect the resources and immediately notify the Superintendent and GRSM Archeologist. The Superintendent will notify the State Historic Preservation Office and Federally Recognized Indian Tribes, as appropriate, within 48 hours, or as soon as reasonably possible. The Superintendent in consultation with the Project Leader, Section 106 Coordinator, and the appropriate members of the Cultural Resources Management Team, will make reasonable efforts to avoid, minimize, or mitigate adverse effects on those cultural resources in consultation with the SHPO/THPO and Federally recognized Indian Tribes, as appropriate. If human remains or other cultural material that may fall under the provisions of Native American Graves Protection and Repatriation Act (NAGPRA) are present, the Superintendent will comply with NAGPRA and the Archeological Resources Protection Act (ARPA). The Superintendent will ensure that any human remains are left in situ, are not exposed, and remain protected while compliance with NAGPRA, Archaeological Resources Protection Act, or other applicable federal, state, and/or local laws and procedures is undertaken.

• Tree Removal and Bats: When removing large trees (greater than 5 inches DBH) that have characteristics for summer bat roosts (i.e., dead trees with exfoliating bark, tree cavities, and crevices) then follow the decision process: 1). Remove potential roost trees only between Nov 15 and March 31 or 2). Have a qualified individual observe for bats existing in the trees for 30 minutes before and after sunset. If bats are observed, use mist netting to determine species or resurvey tree at a later date. Trees that would not be considered potential summer habitat for Indiana bats and northern long-eared bats include: 1) root sprung trees that pose a hazard along trails, roads or developed areas; 2) live trees with tight bark and no crevices or hollows that could be used as roosts, and 3) Spruce/Fir forests.

• A public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented.This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences

There are no NHPA Recommendations for Conditions or Stipulations identified.

Great Smoky Mountains National Park Date: 06/17/2020

Categorical Exclusion Documentation Form (CE Form)

Project: Pavement Preservation for Newfound Gap Road, TN Side (MP 6.1 to 12.3) PEPC Project Number: 89530 Description of Action (Project Description):

This project will include pavement preservation of 6 miles of Newfound Gap Road on TN Side, milepost 6.1 to 12.3 (see attached plans and special contract requirement. This is from vicinity of Chimneys Picnic Area to the Tree Wells. Work will also include pavement patching, pavement preservation of turn lanes, roadside pullouts, parking areas, intersection aprons, and reapplication of all permanent traffic markings, and temporary traffic control needed for construction.

Project Locations:

Location County: Sevier State: TN Geo. Marker: 6.1 to 12.3 (Milepost) Other:

Mitigation(s):

Equipment and material staging areas shall be limited to the existing paved or gravel locations approved by the NPS Project Leader to protect vegetation, water quality, archeological resources, and the cultural landscape. Staging areas shall be sited and erosion and sediment control measures used so that runoff does not discharge directly to streams.

Follow guidelines established in GRSM Management Directive #33-Preventing Introduction and Spread of Invasive Non-Native Plants. Consult GRSM Supervisory Forester (Kris Johnson) prior to transporting materials (e.g., soil, gravel, rock) from in-park stockpiles or importing materials from outside the park. All equipment and tools shall be cleaned completely prior to entering the work zone to prevent the spreading of non-invasive plant seeds. Equipment shall be inspected for compliance. Do not place straw on disturbed lands or use plastic mess netting. Reseed with park approved seed mix only.

In the event that cultural resources are inadvertently encountered during the project, the site supervisor shall temporarily stop work to protect the resources and immediately notify the Superintendent and GRSM Archeologist. The Superintendent will notify the State Historic Preservation Office and Federally Recognized Indian Tribes, as appropriate, within 48 hours, or as soon as reasonably possible. The Superintendent in consultation with the Project Leader, Section 106 Coordinator, and the appropriate members of the Cultural Resources Management Team, will make reasonable efforts to avoid, minimize, or mitigate adverse effects on those cultural resources in consultation with the SHPO/THPO and Federally recognized Indian Tribes, as appropriate. If human remains or other cultural material that may fall under the provisions of Native American Graves Protection and Repatriation Act (NAGPRA) are present, the Superintendent will comply with NAGPRA and the Archeological Resources Protection Act (ARPA). The Superintendent will ensure that any human remains are left in situ, are not exposed, and remain protected while compliance with NAGPRA, Archaeological Resources Protection Act, or other applicable federal, state, and/or local laws and procedures is undertaken.

Tree Removal and Bats: When removing large trees (greater than 5 inches DBH) that have characteristics for summer bat roosts (i.e., dead trees with exfoliating bark, tree cavities, and crevices) then follow the decision process: 1). Remove potential roost trees only between Nov 15 and March 31 or 2). Have a qualified individual observe for bats existing in the trees for 30 minutes before and after sunset. If bats are observed, use mist netting to determine species or resurvey tree at a later date. Trees that would not be considered potential summer habitat for Indiana bats and northern long-eared bats include: 1) root sprung trees that pose a hazard along trails, roads or developed areas; 2) live trees with tight bark and no crevices or hollows that could be used as roosts, and 3) Spruce/Fir forests.

A public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented.This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences

CE Citation: C.4 Routine maintenance and repairs to cultural resource sites, structures, utilities and grounds under an approved Historic Structures Preservation Guide or Cyclic Maintenance Guide; or if the action would not adversely affect the cultural resource.

Decision: I find that the action fits within the categorical exclusion above. Therefore, I am categorically excluding the described project from further NEPA analysis. No extraordinary circumstances apply.

Signature

Superintendent: Date:

Cassius M. Cash

Extraordinary Circumstances:

If implemented, would the proposal... Yes/No Notes A. Have significant impacts on public health or safety? No B. Have significant impacts on such natural resources and unique geographic characteristics as historic or cultural resources; park, recreation, or refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime farmlands;

wetlands (Executive Order 11990); floodplains (Executive Order 11988); national monuments;

migratory birds; and other ecologically significant or critical areas?

No

C. Have highly controversial environmental effects or involve unresolved conflicts concerning alternative uses of available resources (NEPA section 102(2)(E))?

D. Have highly uncertain and potentially significant environmental effects or involve unique or unknown environmental risks?

E. Establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects?

F. Have a direct relationship to other actions with individually insignificant, but cumulatively significant, environmental effects?

G. Have significant impacts on properties listed or eligible for listing on the National Register of Historic Places, as determined by either the bureau or office?

H. Have significant impacts on species listed or proposed to be listed on the List of Endangered or Threatened Species, or have significant impacts on designated Critical Habitat for these species?

I. Violate a federal, state, local or tribal law or requirement imposed for the protection of the environment?

J. Have a disproportionately high and adverse effect on low income or minority populations (EO 12898)?

No

K. Limit access to and ceremonial use of Indian sacred sites on federal lands by Indian religious practitioners or adversely affect the physical integrity of such sacred sites (EO 130007)?

No

L. Contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction, growth, or expansion of the range of such species (Federal Noxious Weed Control Act and Executive Order 13112)?

LISA MCINNIS

Digitally signed by LISA

MCINNIS

Date: 2020.06.18 16:18:29 -04'00'

Date: 06/17/2020

ENVIRONMENTAL SCREENING FORM (ESF)

Updated Sept 2015 per NPS NEPA Handbook

A. PROJECT INFORMATION

Project Title: Pavement Preservation for Newfound Gap Road, TN Side (MP 6.1 to 12.3) PEPC Project Number: 89530 PMIS Number: 207792 Project Type: Preventive Maintenance (PM) Project Location:

County, State: Sevier, Tennessee Geographic Marker: 6.1 to 12.3 (Milepost) Project Leader: Mike Tomkosky

B. PROJECT DESCRIPTION

This project will include pavement preservation of 6 miles of Newfound Gap Road on TN Side, milepost 6.1 to

12.3 (see attached plans and special contract requirement. This is from vicinity of Chimneys Picnic Area to the Tree Wells. Work will also include pavement patching, pavement preservation of turn lanes, roadside pullouts, parking areas, intersection aprons, and reapplication of all permanent traffic markings, and temporary traffic control needed for construction.

C. RESOURCE IMPACTS TO CONSIDER:

Resource Potential for Impact

Potential Issues & Impacts

Air Air Quality

None

Air Climate Change

Biological Areas of high Biological Diversity

Cave/karst Resources

Communities of Special Concern

Nonnative or Exotic Species

Species of Special

Potential Issue: Potential habitat

Concern or Their Habitat Indiana bat and northern long-eared bat

Impact: Loss of habitat if project involves tree removal. Note that project does not include tree removal, but mitigation measures are provided in case unforeseen circumstance require tree removal.

Biological Vegetation

Wildlife and/or Wildlife Habitat including terrestrial and aquatic species

None

Cultural Archeological Resources

None Impact: None, see NHPA form completed by Scott Hussey.

Cultural Cultural Landscapes

None Impact: None, see NHPA form completed by Scott Hussey.

Cultural Ethnographic Resources

None Impact: None, see NHPA form completed by Scott Hussey.

Cultural Museum Collections

Cultural Prehistoric/historic structures

None Impact: None, see NHPA form completed by Scott Hussey.

Geological Geologic Features

Geological Geologic Processes

Lightscapes

Other Human Health and Safety

Socioeconomic Land Use

Minority and low-income populations, size, migration patterns, etc.

energy/sustainability

Soundscapes

Viewsheds

Visitor Use and Experience Recreation Resources

Visitor Use and Experience traffic congestion

Potential Issue: road is already slow during busy seasons; lane closures would farther slow the traffic considerably at certain times of day/year

Impact: make every effort to minimize traffic congestion and slow-down during this project; work during shoulder seasons, at night, and/or avoid peak times of day/year

Water Floodplains

Water Water Quality or Quantity

Wetlands

Wilderness noise from paving work

Potential Issue: while the paving work is limited to the road corridor, the noise generated will extend into wilderness

Impact: noise trammel to areas near the road corridor - this should not impact a significant number of visitors given the location of the project

Approved:

Chief, RMS: Date:

Lisa McInnis

MCINNIS

Date: 2020.06.18 16:19:03

Great Smoky Mountains National Park Date: 06/17/2020

ASSESSMENT OF ACTIONS HAVING AN EFFECT ON

HISTORIC PROPERTIES

A. DESCRIPTION OF UNDERTAKING

1. Park: Great Smoky Mountains National Park

2. Project Description:

Project Name: Pavement Preservation for Newfound Gap Road, TN Side (MP 6.1 to 12.3) Prepared by: Robert Hussey Date Prepared: Telephone: 865-430-0339 PEPC Project Number: 89530 Locations:

County, State: Sevier, TN Geographic Marker: 6.1 to 12.3 (Milepost) Describe project:

This project will include pavement preservation of 6 miles of Newfound Gap Road on TN Side, milepost 6.1 to

12.3 (see attached plans and special contract requirement. This is from vicinity of Chimneys Picnic Area to the Tree Wells. Work will also include pavement patching, pavement preservation of turn lanes, roadside pullouts, parking areas, intersection aprons, and reapplication of all permanent traffic markings, and temporary traffic control needed for construction.

Area of potential effects (as defined in 36 CFR 800.16[d])

3. Has the area of potential effects been surveyed to identify historic properties?

Yes

4. Potentially Affected Resource(s):

Archeological Resources Present: Yes

Archeological Resources Notes: Road itself is considered potentially eligible for listing on NR - see 2016 Historic Resource Study

Historical Structures/Resources Present:

Historical Structures/Resources Notes: Road itself is considered potentially eligible for listing on NR - see 2016 Historic Resource Study

Cultural Landscapes Present: Yes

Cultural Landscapes Notes: Road itself is considered potentially eligible for listing on NR - see 2016 Historic Resource Study

Ethnographic Resources Present: No

Ethnographic Resources Notes: Road itself is considered potentially eligible for listing on NR - see 2016 Historic Resource Study

5. The proposed action will: (check as many as apply)

No Destroy, remove, or alter features/elements from a historic structure

No Replace historic features/elements in kind

No Add non-historic features/elements to a historic structure

No Alter or remove features/elements of a historic setting or environment (inc. terrain)

No Add non-historic features/elements (inc. visual, audible, or atmospheric) to a historic setting or cultural landscape

No Disturb, destroy, or make archeological resources inaccessible

No Disturb, destroy, or make ethnographic resources inaccessible>

No Potentially affect presently unidentified cultural resources

No Begin or contribute to deterioration of historic features, terrain, setting, landscape elements, or archeological or ethnographic resources

No Involve a real property transaction (exchange, sale, or lease of land or structures)

Other (please specify):

6. Supporting Study Data:

(Attach if feasible; if action is in a plan, EA or EIS, give name and project or page number.)

B. REVIEWS BY CULTURAL RESOURCE SPECIALISTS

The park 106 coordinator requested review by the park's cultural resource specialist/advisors as indicated by check-off boxes or as follows:

No Reviews From: Curator, Archeologist, Historical Architect, Historian, 106 Advisor, Other Advisor, Anthropologist, Historical Landscape Architect

C. PARK SECTION 106 COORDINATOR'S REVIEW AND RECOMMENDATIONS

1. Assessment of Effect:

X No Potential to Cause Effects

No Historic Properties Affected

No Adverse Effect

Adverse Effect

2. Documentation Method:

[ ] A. Standard 36 CFR Part 800 Consultation Further consultation under 36 CFR Part 800 is needed.

[ ] B. Streamlined Review Under the 2008 Servicewide Programmatic Agreement (PA) The above action meets all conditions for a streamlined review under section III of the 2008 Servicewide PA for Section 106 compliance.

Applicable Streamlined Review Criteria (Specify 1-16 of the list of streamlined review criteria.)

[ ] C. Undertaking Related to Park Specific or Another Agreement The proposed undertaking is covered for Section 106 purposes under another document such as a park, region or statewide agreement established in accord with 36 CFR 800.7 or 36 CFR 800.14.

[ ] D. Combined NEPA/NHPA Process Process and documentation required for the preparation of an EA/FONSI or an EIS/ROD to comply with Section 106 is in accord with 36 CFR 800.8.c.

[ X ] E. Memo to Project File

3. Consultation Information

SHPO Required: No SHPO Sent:

SHPO Received:

THPO Required:

THPO Sent:

THPO Received:

SHPO/THPO Notes:

Advisory Council Participating: No Advisory Council Notes:

N/A

4. Stipulations and Conditions:

N/A

5. Mitigations/Treatment Measures: Measures to prevent or minimize loss or impairment of historic/prehistoric properties: (Remember that setting, location, and use may be relevant.)

Required Mitigations - For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to:

Equipment and material staging areas shall be limited to the existing paved or gravel locations approved by the NPS Project Leader to protect vegetation, water quality, archeological resources, and the cultural landscape. Staging areas shall be sited and erosion and sediment control measures used so that runoff does not discharge directly to streams.

Follow guidelines established in GRSM Management Directive #33-Preventing Introduction and Spread of Invasive Non-Native Plants. Consult GRSM Supervisory Forester (Kris Johnson) prior to transporting materials (e.g., soil, gravel, rock) from in-park stockpiles or importing materials from outside the park.

All equipment and tools shall be cleaned completely prior to entering the work zone to prevent the spreading of non-invasive plant seeds. Equipment shall be inspected for compliance. Do not place straw on disturbed lands or use plastic mess netting. Reseed with park approved seed mix only.

In the event that cultural resources are inadvertently encountered during the project, the site supervisor shall temporarily stop work to protect the resources and immediately notify the Superintendent and GRSM Archeologist. The Superintendent will notify the State Historic Preservation Office and Federally Recognized Indian Tribes, as appropriate, within 48 hours, or as soon as reasonably possible. The Superintendent in consultation with the Project Leader, Section 106 Coordinator, and the appropriate members of the Cultural Resources Management Team, will make reasonable efforts to avoid, minimize, or mitigate adverse effects on those cultural resources in consultation with the SHPO/THPO and Federally recognized Indian Tribes, as appropriate. If human remains or other cultural material that may fall under the provisions of Native American Graves Protection and Repatriation Act (NAGPRA) are present, the Superintendent will comply with NAGPRA and the Archeological Resources Protection Act (ARPA). The Superintendent will ensure that any human remains are left in situ, are not exposed, and remain protected while compliance with NAGPRA, Archaeological Resources Protection Act, or other applicable federal, state, and/or local laws and procedures is undertaken.

Tree Removal and Bats: When removing large trees (greater than 5 inches DBH) that have characteristics for summer bat roosts (i.e., dead trees with exfoliating bark, tree cavities, and crevices) then follow the decision process: 1). Remove potential roost trees only between Nov 15 and March 31 or 2). Have a qualified individual observe for bats existing in the trees for 30 minutes before and after sunset. If bats are observed, use mist netting to determine species or resurvey tree at a later date. Trees that would not be considered potential summer habitat for Indiana bats and northern long-eared bats include: 1) root sprung trees that pose a hazard along trails, roads or developed areas; 2) live trees with tight bark and no crevices or hollows that could be used as roosts, and 3) Spruce/Fir forests.

A public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented.This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences

6. Assessment of Effect Notes:

The proposed federal undertakings for this project are limited to either the road surface, the existing roadbed, or properties not eligible for listing on the historic register. If the federal undertakings modify NRHP properties, such as CCC stonework, contact the Park 106 coordinator. In the event of the discovery of unanticipated cultural resources, work will halt, and the park 106 coordinator will be contacted; work will not resume until an SOI qualified specialist in the affected property gives the approval to resume.

D. RECOMMENDED BY PARK SECTION 106 COORDINATOR:

Compliance Specialist:

NHPA Specialist

Robert Hussey

Date:

E. SUPERINTENDENT'S APPROVAL

The proposed work conforms to the NPS Management Policies and Cultural Resource Management Guideline, and I have reviewed and approve the recommendations, stipulations, or conditions noted in Section C of this form.

Superintendent:

Date:

Cassius M. Cash

ALLISON HARVEY Digitally signed by ALLISON HARVEY Date: 2020.06.18 16:10:12 -04'00'

LISA MCINNIS Digitally signed by LISA MCINNIS Date: 2020.06.18 16:19:58 -04'00'

Date: 06/18/2020

Letter of Compliance Completion

To: Mike Tomkosky

From: Mark Collins

Subject: NEPA and NHPA Clearance: Rehabilitate Newfound Gap Road from Milepost 12.3 to 14.6 (PEPC:

89531)(PMIS: 257394)

NEPA and NHPA Compliance Complete. For complete compliance information see PEPC Project 89531.

The Superintendent and Interdisciplinary team have reviewed the scope of work and supporting documentation provided in the Planning, Environment, and Public Comment (PEPC) system, and all applicable associated compliance documentation and consultation (e.g. National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, Clean Water Act, Clean Air Act, Wilderness Act, Tribal consultation under EO13175, and other related laws and policies).

The subject proposed project/action(s), therefore, is/are now cleared for all compliance requirements. Project plans and specifications are approved, project funds may be released, and construction and/or project implementation can commence with the following mitigations and conditions/stipulations.

Required Mitigations - For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to:

• Follow guidelines established in GRSM Management Directive #33-Preventing Introduction and Spread of Invasive Non-Native Plants. Consult GRSM Supervisory Forester (Kris Johnson) prior to transporting materials (e.g., soil, gravel, rock) from in-park stockpiles or importing materials from outside the park. All equipment and tools shall be cleaned completely prior to entering the work zone to prevent the spreading of non-invasive plant seeds. Equipment shall be inspected for compliance. Do not place straw on disturbed lands or use plastic mess netting. Reseed with park approved seed mix only.

• Equipment and material staging areas shall be limited to the existing paved or gravel locations approved by the NPS Project Leader to protect vegetation, water quality, archeological resources, and the cultural landscape. Staging areas shall be sited and erosion and sediment control measures used so that runoff does not discharge directly to streams.

• A public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented.This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences

• In the event that cultural resources are inadvertently encountered during the project, the site supervisor shall temporarily stop work to protect the resources and immediately notify the Superintendent and GRSM Archeologist. The Superintendent will notify the State Historic Preservation Office and Federally Recognized Indian Tribes, as appropriate, within 48 hours, or as soon as reasonably possible. The Superintendent in consultation with the Project Leader, Section 106 Coordinator, and the appropriate members of the Cultural Resources Management Team, will make reasonable efforts to avoid, minimize, or mitigate adverse effects on those cultural resources in consultation with the SHPO/THPO and Federally recognized Indian Tribes, as appropriate. If human remains or other cultural material that may fall under the provisions of Native American Graves Protection and Repatriation Act (NAGPRA) are present, the Superintendent will comply with NAGPRA and the Archeological Resources Protection Act (ARPA). The Superintendent will ensure that any human remains are left in situ, are not exposed, and remain protected while compliance with NAGPRA, Archaeological Resources Protection Act, or other applicable federal, state, and/or local laws and procedures is undertaken.

• Tree Removal for Northern Flying Squirrel. Potential habitat for the Carolina northern flying squirrel (Glaucomys sabrinus coloratus), is described as: 1) all stands containing spruce or fir; or 2) all stands above 4500 feet containing hemlock or northern hardwoods in any combination and stands with at least some 10 inch dbh or larger trees present and at least partial canopy closure. For the purpose of this document root sprung trees that pose a hazard along trails, roads or developed areas would not be considered potential habitat for northern flying squirrels. Measures to Protect Northern Flying Squirrels:

If it is necessary to cut trees or limbs of trees each tree or limb should be evaluated as potential northern flying squirrel habitat before it is removed. Northern flying squirrels have never been found nesting or using nest boxes in pure spruce/fir habitat, therefore dead spruce or fir trees found in this habitat could be removed. However, northern flying squirrels will build a "drey" nest in live conifer trees (i.e., spruce, hemlock, etc.) during summer months. Therefore, any live conifer trees or limbs that may need to be removed should first be surveyed for the presence of drey nests. If the habitat is pure spruce/fir and drey nests are not found in a particular tree, then it could be assumed that northern flying squirrels would not be nesting in that tree and the tree or trees limbs could be removed. If drey nests are found, then the tree or tree limbs could not be removed without first consulting with the USFWS. The Carolina northern flying squirrel prefers yellow birch cavities for nesting and, therefore, tree and/or limb removal in areas that contain northern hardwoods, particularly yellow birch, should be conservative. Cutting live trees or the limbs of live trees at the trunk in northern hardwoods would not impact northern flying squirrels provided the live trees or limbs do not have holes, crevices or cavities. However, trees or limbs that contain holes, crevices or cavities should be thoroughly surveyed for the presence of squirrels before they could be removed. Determining if northern flying squirrels are present would require thoroughly surveying any holes, crevices or cavities of the tree to insure there is no nesting material or squirrels. This would require using a peeper scope to make this determination. If northern flying squirrels or nesting materials were found within a particular tree or limb, then that nest tree could not be removed without first consulting with the USFWS. If no squirrels or nesting materials were found, then it could be assumed that northern flying squirrels would not be nesting in that tree and the tree or tree limbs could be removed immediately.

• Tree Removal and Bats: When removing large trees (greater than 5 inches DBH) that have characteristics for summer bat roosts (i.e., dead trees with exfoliating bark, tree cavities, and crevices) then follow the decision process: 1). Remove potential roost trees only between Nov 15 and March 31 or 2). Have a qualified individual observe for bats existing in the trees for 30 minutes before and after sunset. If bats are observed, use mist netting to determine species or resurvey tree at a later date. Trees that would not be considered potential summer habitat for Indiana bats and northern long-eared bats include: 1) root sprung trees that pose a hazard along trails, roads or developed areas; 2) live trees with tight bark and no crevices or hollows that could be used as roosts, and 3) Spruce/Fir forests.

There are no NHPA Recommendations for Conditions or Stipulations identified.

Great Smoky Mountains National Park Date: 06/17/2020

Categorical Exclusion Documentation Form (CE Form)

Project: Rehabilitate Newfound Gap Road from Milepost 12.3 to 14.6 PEPC Project Number: 89531 Description of Action (Project Description):

This project will rehabilitate Newfound Gap Road from milepost 12.3 to milepost 14.6, Sevier County, Tennessee.

The proposed work includes (see attached 95% drawing and special contract requirements):

PMIS 257394 - rehabilitate approximately 2.3 miles of Newfound Gap Road from approximate milepost 12.3 south to the Newfound Gap Overlook Parking Area (milepost 14.6)

The proposed roadway rehabilitation would include milling and/or overlaying Newfound Gap Road and roadside pullouts and parking areas. Rehabilitation activities would include full depth pavement reconstruction; placing asphalt leveling and binder courses as required; removing and resetting existing stone curb; replacement or repair of the existing drainage structures; stabilizing and reestablishing roadside turf ditches; overlaying and/or reconstructing asphalt and stone paved ditches; resetting and repointing existing stone masonry guardwall at the north and south portals of the Morton Mountain tunnel and in other minor locations, replacement of approximately 500 feet existing guardrail from MP 13 to 13.08, constructing an asphalt paved transition (6' wide) between the road and the gravel pulloff located at MP 12.6, stabilizing shoulders and reseeding; installing pavement markings; and replacing existing roadway signage.

The road is two-lane, two-way, and the pavement is generally 22 feet wide. In several areas, the road is adjacent to steep rock cuts and/or steep earth fills with little shoulder width between the edge of pavement and the cuts/fills.

The existing paved surface is experiencing wear along the pavement edges and in the wheel paths. The roadway has areas of moderate to severe rutting and potholes. The travel surface is cracked and spalling, and has become uneven and rough. Snow and ice removal during the winter is increasingly damaging the deteriorating paved surface.

Project Locations:

Location County: Sevier State: TN Geo. Marker: 12.3 to 14.6 (Milepost) Other:

Mitigation(s):

Follow guidelines established in GRSM Management Directive #33-Preventing Introduction and Spread of Invasive Non-Native Plants. Consult GRSM Supervisory Forester (Kris Johnson) prior to transporting materials (e.g., soil, gravel, rock) from in-park stockpiles or importing materials from outside the park. All equipment and tools shall be cleaned completely prior to entering the work zone to prevent the spreading of non-invasive plant seeds. Equipment shall be inspected for compliance. Do not place straw on disturbed lands or use plastic mess netting. Reseed with park approved seed mix only.

Equipment and material staging areas shall be limited to the existing paved or gravel locations approved by the NPS Project Leader to protect vegetation, water quality, archeological resources, and the cultural landscape. Staging areas shall be sited and erosion and sediment control measures used so that runoff does not discharge directly to streams.

A public information program to warn of temporary closures, delays, and road hazards during construction shall be implemented.This program would help convey appropriate messages to the public and aid in mitigating potential impacts on visitors' expectations and experiences

In the event that cultural resources are inadvertently encountered during the project, the site supervisor shall temporarily stop work to protect the resources and immediately notify the Superintendent and GRSM Archeologist. The Superintendent will notify the State Historic Preservation Office and Federally Recognized Indian Tribes, as appropriate, within 48 hours, or as soon as reasonably possible.