NP SER PMS FY20(5) FHWA Categorical Exclusion.pdf

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

NP SER PMS FY20(5)

Eastern Federal Lands Highway Division NEPA Categorical Exclusion Form

Project Number: NP SER PMS FY20(5) Date: 8/13/2020

Project Name: Pavement preservation of roads and parking areas in Cumberland Gap National Historical Park

Location: Cumberland Gap National Historical Park

(CUGA)

Harlan and Bell Counties, Kentucky Claiborne County, Tennessee Lee County, Virginia

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 Work consists of microsurfacing, asphalt patching, pavement markings, and other miscellaneous work in Cumberland Gap National Historical Park. Project length is approximately 18 miles (28 lane miles).

All work will be performed within the existing road prism. Work will include some full depth patching but impacts will be below 1 acre to subbase/subgrade at any individual site.

Environmental Commitments and Mitigation Measures The following mitigation measures were identified in the NPS’ NEPA compliance files:

• The Chief of Resources must be contacted before any work is conducted beyond the paved surface (including within the shoulder) especially along the Pinnacle Road and in the Campground.

• Trees: Removal of any trees and/or limbs greater than 3” in diameter is prohibited. If trees and/or limbs need to be removed permission to do so must first be received from the Chief of Resources. Removal of limbs must follow proper pruning practices.

• Soil disturbing activates can not exceed 4,000 square feet, greater than 4,000 square feet of disturbance would require reevaluation of the potential need for a wetland or floodplain statement of finding. Notify the Chief of Resources immediately if this is the case.

• Contractor must ensure that project materials (including but not limited to asphalt, cleaners, paint, fuel, equipment liquids, etc.) do not enter adjacent streams, wetlands, or inlets

• The 95% plans identify up to potentially 1 acre soil disturbing activities – if that is the case, sedimentation 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) devices must be installed in appropriate areas near streams and wetlands to avoid downstream water quality impacts.

• Contractor must ensure that all equipment used for this project is clean of dirt and debris before bringing equipment into the park in order to prevent introduction of exotic invasive plant species.

• Ensure that this project is communicated to affected staff and visitors

• Project staff shall communicate with Visitor Center staff if project activities have the potential to temporarily impact visitor enjoyment. For example, if the project will temporarily create noise or limit visitor access, staff shall be notified.

• Any discovered cultural resources must be turned over to the park immediately upon discovery

• All workers will be informed of the penalties of illegally collecting artifacts or intentionally damaging any archaeological or historical property

Summary of Section 7 of the Endangered Species Act Compliance NPS made a no effect determination for all listed T&E species on 7/29/2020. 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, according to the NPS’ assessment form dated 8/4/2020. No mitigation or further consultation is required.

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

Additional Agency Coordination and Compliance NPS is the NEPA lead agency. NPS made a Categorical Exclusion determination with their CE Form dated 8/4/2020. 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 Notes ☐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: