NEPA CE (rev).pdf

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

NP-NAMA 20(2), 502(6), 503(4), ETC.

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP-NAMA 20(2), 502(6), 503(4), ETC. Date: 5/7/2020

Project Name: Rehabilitation of 17th Street (Route 20), Eastbound Independence Avenue (Route 502), Westbound Independence Avenue (Route 503), Eastbound to Westbound Tidal Basin Turnaround (Route 516), and Resurfacing Maine Avenue Bridge

Location: National Mall and Memorial Parks Washington, District of Columbia

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 National Park Service (NPS), National Mall and Memorial Parks (NAMA), in cooperation with the Federal Highway Administration (FHWA), proposes to rehabilitate 17th Street (Route 20), Eastbound Independence Avenue (Route 502), Westbound Independence Avenue (Route 503), Eastbound to Westbound Tidal Basin Turnaround (Route 516), and resurface Maine Avenue Bridge. Project work includes asphalt pavement mill and overlay, PCC base joint repairs, micro-milling the bridge deck, overlaying the concrete bridge deck with polyester polymer, installing a mid-block crosswalk, improving sidewalks, replacing stone accessibility ramps, installing a catch basin, improving traffic signals, refurbishing light poles, installing signing, conducting pavement markings, and other miscellaneous work. The project length is 2.23 miles. The total area of soil disturbance for the project is approximately 0.11 acres. Project work will be completed from approximately September 2020 to August 2021.

Environmental Commitments and Avoidance, Minimization, and Mitigation Measures For the proposed project actions to be within compliance requirements during construction and/or project implementation, the following mitigations must be adhered to:

Project work shall comply with the Programmatic Biological Opinion for Transportation Projects in the Range of the Indiana Bat and Northern Long-Eared Bat, February 2018 Revision, found at https://www.fws.gov/midwest/endangered/section7/fhwa/index.html. If any trees need to be trimmed or removed, the NAMA Resource Staff shall be notified to determine if Northern Long-https://www.ecfr.gov/cgi-bin/text-idx?SID=842bb87055f89f1d0ff242f2b9e20ff7&mc=true&node=pt23.1.771&rgn=div5#se23.1.771_1117 https://www.fws.gov/midwest/endangered/section7/fhwa/index.html

EFLHD NEPA Categorical Exclusion Form EFL-TM-ENV-03(04) eared Bats are using the trees. If bats are using the trees, trees shall only be removed between November 15 and March 31.

Summary of Section 7 of the Endangered Species Act Compliance FHWA and NPS reviewed the project and consulted with the U.S. Fish and Wildlife Service (FWS) in July 2015 and May 2020. A May 2020 U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) project planning tool search and a U.S.

Department of Interior (DOI) FWS letter dated May 6, 2020 identified one (1) threatened species (i.e., Northern Long-eared Bat), 24 migratory birds, no critical habitats, and one (1) wetland (i.e., L1UBH) that may occur within the boundary and/or may be affected by the proposed project.

NPS and FHWA determined that the project will have no effect on any Federally-recognized species.

In order to maintain no effect, project work shall comply with the Programmatic Biological Opinion for Transportation Projects in the Range of the Indiana Bat and Northern Long-Eared Bat, February 2018 Revision, found at https://www.fws.gov/midwest/endangered/section7/fhwa/index.html. If any trees need to be trimmed or removed, the NAMA Resource Staff shall be notified to determine if bats are using the trees. If bats are using the trees, trees shall only be removed between November 15 and March 31.

Summary of Section 106 of the National Historic Preservation Act Compliance The NPS completed NHPA compliance consultation in April 2014. The area of potential effect (APE) includes Rock Creek and Potomac Parkway East and West Potomac Parks Historic District and the Rock Creek and Potomac Parkway Historic District.

The Park’s 106 Coordinator requested review by the Archeologist and Historical Landscape Architect. The Archeologist determined no historic properties affected, and the Historical Landscape Architect determined no adverse effect. Both cultural resource specialists recommended a streamlined review under the 2008 Servicewide Programmatic Agreement (PA).

Additional Agency Coordination and Compliance The NPS Superintendent and Interdisciplinary team reviewed the scope of work and supporting documentation and all applicable associated compliance documentation and consultation (e.g., National Environmental Policy Act, National Historic Preservation Act (NHPA), Endangered Species Act, Clean Water Act, Clean Air Act, Wilderness Act, Tribal consultation under EO 13175, other related laws and policies). FHWA reviewed species, wetlands, flood zones, and other environmental attributes regulated under the same applicable laws and regulations.

https://www.fws.gov/midwest/endangered/section7/fhwa/index.html

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

The National Park Service made the assessment of no extraordinary circumstances and categorically excluded the project from further NEPA analysis, as documented in the Categorical Exclusion Form dated July 21, 2015 and the Memo to File dated March 25, 2020, under the categorical exclusion DOI 516 Departmental Manual (DM) 12.5(C)(9) Repair, resurfacing, striping, installation of traffic control devices, repair/replacement of guardrails, etc. on existing roads.

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.

Lee Ellen Carter 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 Proposed project actions have the potential to occur in FEMA Flood Zone AE, areas subject to inundation by the 1-percent-annual-chance flood event determined by detailed methods, and FEMA Flood Zone X, areas with a 0.2-percent-annual-chance flood hazard and areas with a 1-percent-annual-chance flood event with average depth less than one foot or with drainage areas of less than one square mile.

• ☒ 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

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

• Is there a use of a Section 4(f) property in the study area? ☐ Yes ☒ No 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

The project occurs in the CO (1990 Standard) maintenance area.

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:

DC Department of Consumer and Regulatory Affairs and DC Department of Energy and Environment Erosion and Sediment Control permit i Federally-listed species per U.S. Fish and Wildlife Service consultation: threatened Northern Long-eared Bat

National Park Service U.S. Department of the Interior

National Mall and Memorial Parks

Date: 03/25/2020

Memo To File

A. Project Information

Park Name: National Mall and Memorial Parks PEPC Project Number: 92371 Project Title: Resurface Independence Ave and Tidal Basin Roads FHWA Project Location:

County, State: District of Columbia, District of Columbia

Project Leader: Yue Li

B. Description of the Current Action (Project Description)

This compliance is a memo to file to update the 2015 compliance (PEPC 52422) in relationship to this project.

In 2015 a CE was completed by both the National Mall and Memorial Parks (NAMA) and the Easter Federal Lands Highway Division of the Federal Highway Administration (FHWA) to restore the riding surface on a heavily traveled road in National Mall and Memorial Parks. The project will consist of milling and resurfacing the length of Route 16, FMSS 19166, Rock Creek and Potomac Parkway between Virginia Ave Northwest and Parkway Drive Northwest; Route 20, 17th Street Northwest; Route 502 and 503; Independence Avenue East and West Bound; Route 515 and 516 Tidal Basin Turnaround (PEPC 52422).

Since the completion of the 2015 compliance the scope of the work expanded to add the mid-block crossing and the new pedestrian crosswalk signal and the assessment for a potential protected bike lane. This

The new scope of work includes;

Resurface, restore and rehabilitate the pavement on 17th Street, FMSS 19170; Independence Avenue Eastbound, FMSS 19184 from Ohio Drive to the East Tidal Basin Turnaround; Independence Avenue Westbound, FMSS 19185; and West Tidal Basin Turnaround, FMSS 49804. Rehabilitation will consist of milling and resurfacing approximately 4" of the existing pavement structure. Also to be included in the project is centerline, lane and edge striping. Probable Pavement Treatment that includes a Mill 4" Place 4" SACP Surface and Binder Course over NPS NCR NAMA-0020ZZ, NAMA-0502, NAMA-0503, NAMA-0516. This will take approximately 8700 tons of asphalt and approximately 2.6 miles (13,728 linear feet) of 5 inch striping consisting of yellow and white asphalt paint. In addition the project will add a mid-block crossing and the new pedestrian crosswalk signal and the assessment for a potential protected bike lane.

C. Description of Previous Compliance Documentation

Decision Document Name: Rock Creek and Potomac Parkway Resurfacing

Decision Document PEPC ID: 52422

Decision Document Approval Date: 2015-07-21 00:00:00.0

D. Notes

E. Conclusion

I certify that the existing NPS NEPA document has been reviewed and there are no substantive differences between the current proposal and its associated environmental impacts and the proposal and impacts as described in the existing NEPA document and associated decision document.

Superintendent: Date:

03/25/2020

May 06, 2020

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Chesapeake Bay Ecological Services Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401-7307

Phone: (410) 573-4599 Fax: (410) 266-9127 http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

In Reply Refer To:

Consultation Code: 05E2CB00-2020-SLI-1102 Event Code: 05E2CB00-2020-E-03001 Project Name: NP-NAMA 20(2), 502(6), 503(4), ETC.

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

To Whom It May Concern:

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

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

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 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 threatened and endangered species and/or designated critical habitat.

http://www.fws.gov/chesapeakebay/ http://www.fws.gov/chesapeakebay/endsppweb/ProjectReview/Index.html

05/06/2020 Event Code: 05E2CB00-2020-E-03001 2

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

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

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

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

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

Attachment(s):

Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Wetlands

05/06/2020 Event Code: 05E2CB00-2020-E-03001 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:

Chesapeake Bay Ecological Services Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401-7307

(410) 573-4599

05/06/2020 Event Code: 05E2CB00-2020-E-03001 2

Project Summary Consultation Code: 05E2CB00-2020-SLI-1102

Event Code: 05E2CB00-2020-E-03001

Project Name: NP-NAMA 20(2), 502(6), 503(4), ETC.

Project Type: TRANSPORTATION

Project Description: The National Park Service (NPS), National Mall and Memorial Parks (NAMA), in cooperation with the Federal Highway Administration (FHWA), proposes to rehabilitate 17th Street (Route 20), Eastbound Independence Avenue (Route 502), Westbound Independence Avenue (Route 503), Eastbound to Westbound Tidal Basin Turnaround (Route 516), and resurface Maine Avenue Bridge. Project work includes asphalt pavement mill and overlay, PCC base joint repairs, micro-milling the bridge deck, overlaying the concrete bridge deck with polyester polymer, installing a mid-block crosswalk, improving sidewalks, replacing stone accessibility ramps, installing a catch basin, improving traffic signals, refurbishing light poles, improving signing, conducting pavement markings, and other miscellaneous work. The project length is 2.23 miles.

The total area of soil disturbance for the project is approximately 0.11 acres. Project work will be completed from approximately September 2020 to August 2021.

Project Location:

Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/38.88940854363932N77.0394592011593W https://www.google.com/maps/place/38.88940854363932N77.0394592011593W https://www.google.com/maps/place/38.88940854363932N77.0394592011593W

05/06/2020 Event Code: 05E2CB00-2020-E-03001 3

Counties: District of Columbia, DC

05/06/2020 Event Code: 05E2CB00-2020-E-03001 4

1.

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. Note that 1 of these species should be considered only under certain conditions.

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.

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.

Mammals

NAME STATUS

Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species.

This species only needs to be considered under the following conditions:

Projects with a federal nexus that have tree clearing = to or > 15 acres: 1. REQUEST A

SPECIES LIST 2. NEXT STEP: EVALUATE DETERMINATION KEYS 3. SELECT

EVALUATE under the Northern Long-Eared Bat (NLEB) Consultation and 4(d) Rule Consistency key

Species profile: https://ecos.fws.gov/ecp/species/9045

Threatened

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/9045

USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

http://www.fws.gov/refuges/

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.

LAKE

L1UBH

http://www.fws.gov/wetlands/ http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx https://fwsprimary.wim.usgs.gov/decoders/wetlands.aspx?CodeURL=L1UBH