NEPA_CE.pdf

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

NP SER PMS FY20(4)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP SER PMS FY20(4) Date: 8/25/2020

Project Name: Pavement Preservation of Roads and Parking Areas in BISO and OBRI

Location: Big South Fork National River and Recreation Area (BISO) Obed Wild and Scenic Rover (OBRI) Scott, Fentress, and Morgan Counties, Tennessee McCreary County, Mississippi

CE Category 23 CFR 771.117 (c)(22): Projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way [...]

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

Project Description Project consists of pavement preservation treatment in BISO and OBRI. Work includes asphalt patching, micro surfacing, pavement markings, and other miscellaneous work.

All work will be performed within the existing pavement surface. Work will include some full depth patching but impacts will be below 1 acre to subbase/subgrade.

Environmental Commitments and Mitigation Measures N/A

Summary of Section 7 of the Endangered Species Act Compliance FHWA is making a no effect determination for all listed T&E species. Work will not involve any tree clearing. Work will be entirely within the existing road prism with no ground clearing/grubbing. No in-water work will be performed.

Summary of Section 106 of the National Historic Preservation Act Compliance The National Park Service led Section 106 compliance. This undertaking will have No Adverse Effect to historic properties in BISO, according to the NPS’ assessment form dated 11/26/2018.

This undertaking will have No Historic Properties Affected to historic properties in OBRI, according to the NPS’ assessment form dated 8/20/2020.

https://www.ecfr.gov/cgi-bin/text-idx?SID=842bb87055f89f1d0ff242f2b9e20ff7&mc=true&node=pt23.1.771&rgn=div5#se23.1.771_1117

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

Additional Agency Coordination and Compliance NPS is the NEPA lead agency. NPS made two Categorical Exclusion determinations with their CE Form, dated 11/26/2018 for BISO, and 8/20/2020 for OBRI. FHWA is confirming the CE determination for use of Title 23 funds.

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.

Christopher Hansen 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.

Kevin S. Rose Environmental Team Leader

Federal Highway Administration

Date

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:

Project is exempt from conformity requires per 40 CFR 93.126. Project is classified as “Pavement resurfacing and/or rehabilitation”

• 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

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

Farmland Protection Policy Act for Highway Projects:

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

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