NEPA CE.pdf

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(03) NP-CHCH 500(1), 501(1), etc

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP-CHCH 500(1), 501(1), etc Date: 3/3/2021

Project Name: Rehabilitation of Glenn-Kelly, Battleline, and Poe Roads

Location: Chickamauga and Chattanooga National Military Park Walker and Catoosa Counties, Georgia

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 The Eastern Federal Lands Highway Division of the Federal Highway Administration (FHWA), in cooperation with the National Park Service (NPS) will resurface Glenn-Kelly Road, Battleline Road, and Poe Road. This work will include resurfacing (chip seal and overlay), full depth reconstruction in localized areas, repairing or replacing existing drainage structures, stabilization of the road shoulder, signing, pavement markings, and other miscellaneous work.

Five trees have been identified for removal from along Glenn-Kelly Road because they are growing too close to the culverts and are threatening to damage them. The removal of these trees will not adversely affect the cultural landscape, and will help preserve the historic culverts, and will improve the overall drainage.

The roads within the Chickamauga Battlefield are historic battlefield-era roads.

Environmental Commitments and Mitigation Measures

• Protect and preserve historic road features, such as stone culverts and ditches.

• Maintain existing road cross section as much as possible.

• Take measures to reduce traffic volume and speed before changing road width.

• Maintain existing road grade as much as possible.

• If regrading is necessary, conform to the natural topography to the greatest extent possible.

• Avoid excessive cuts/fills that appear unnatural.

• Use stabilized turf shoulders, where necessary.

• Do not stripe roads, unless the NPS determines it necessary for traffic/speed safety.

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(03)

• Resurface with materials that appear natural in color and texture, such as brown gravel.

• Avoid asphalt road surface treatments that appear black/blue-gray in color.

• Park staff will monitor excavation sites associated with culvert replacements for archeological material.

• No tree clearing between May 1 and July 31.

• If temporary lighting is used, ensure that temporary lighting is not directed at suitable habitat trees for bats.

• If trees are removed during the active season for bats, visual emergence survey will be conducted. The tree cannot be removed if bats are detected.

Summary of Section 7 of the Endangered Species Act Compliance The U.S. Fish and Wildlife Service’s (USFWS) Information for Planning and Conservation website was used to obtain official species lists and complete project reviews. In a memo dated December 6, 2019, the FHWA determined that the project would have no effect to the gray bat, snail darter, large-flowered skullcap, small whorled pogonia; and, Virginia spiraea. The memo also documented USFWS’s review of potential impacts to northern long-eared bat and Indiana bat and concurrence documented in concurrence verification letters dated December 6, 2019 that the project may affect, but is not likely to adversely affect these species. The project review was updated and documented in a memo dated March 3, 2021, in which the effects determinations remained unchanged.

Summary of Section 106 of the National Historic Preservation Act Compliance The NPS completed an Assessment of Actions Having an Effect on Historic Properties, approved on February 17, 2021, which determined that the undertaking meets the conditions for a streamlined review under section III of the 2008 Servicewide Programmatic Agreement for Section 106 compliance under criteria 1. Preservation Maintenance and Repair of Historic Properties and criteria 3. Repair/Resurfacing/Removal of Existing Roads, Trails and Parking Areas.

Additional Agency Coordination and Compliance The National Park Service categorically excluded the project from further NEPA analysis in a CE Form signed on February 17, 2021 (PEPC Project Number 66797).

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

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.

Lisa T. Landers Environmental Protection Specialist

Federal Highway Administration

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

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

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(03)

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(03)

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

i Federally-listed species per U.S. Fish and Wildlife Service’s IPaC: northern long-eared bat, Indiana bat, gray bat, snail darter, large-flowered skullcap, small whorled pogonia; and, Virginia spiraea.