NPS NEPA Signed Compliance Docs for 92404.pdf

National Park Service U.S. Department of the Interior

New River Gorge National Park and Preserve

Date: 3/28/2023

Letter of Compliance Completion

To: Neil Hakel, Project Leader

From: Charles Sellars, Superintendent

Subject: NEPA and NHPA Clearance: Repair Cunard Road Slips and Correct Erosion and Drainage Issues to Prevent Road Failure - FHWA (PEPC: 92404)

Cunard Road is the singular road providing access to the most visited river launch site within New River Gorge National Park and Preserve for both public and private boaters. PL 100-534 directed the Secretary of the Interior to acquire lands necessary for this road to access the Cunard launch. This road also provides access to anglers, hikers, mountain bikers, horse riders, and others to reach Cunard, Brooklyn, Fisherman's Access, and Southside Trail. This road provides access to the central launch site within the gorge with tens of thousands of visitors using this road every season. The majority of Cunard Road consists of two paved 10' lanes with 2' curve widening.

There are no shoulders, discontinuous guardrails are set on the existing 2' side slope, and 2' concrete curb and gutters or asphalt waterways exist on the upslope side of the road.

In 2013, sections of Cunard Road were repaired by FHWA contractors to correct slippage, erosion, and drainage issues which had caused significant damage to the road. Since those repairs were completed, sections of the road have once again shown signs of slipping and extreme potential danger of major failure of the road. Approximately half a mile of road is experiencing slipping and possible catastrophic failures in the areas repaired in 2013. These slips are spread across six areas along the road and will require complete excavation, stabilization, and improved drainage to remove the threat of losing the road.

The park proposes to repair the six damaged sections of Cunard Road with assistance from the Federal Highways Administration. The combined extent of the six sections results in a total project length of 0.4 miles. Project work will consist of vegetation and debris removal from the construction area, installation of subterranean drainage structures with rip rap outfall structures, installation of welded wire faced Mechanically Stabilized Earthen (MSE) walls (sites 1-4) or anchored soldier pile retaining walls (sites 5-6) to hold up the outside edge of the roadway in each slide zone, repair of ditches, removal and replacement of guardrails, and re-grading and re-surfacing of the impacted roadway sections with asphalt concrete pavement on top of aggregate base. A geotechnical deep patch of approximately 5 feet is needed at site 5. Soldier piles may be anchored to a depth of 50 feet below the road surface. Excavation at sites with MSE walls may extend to a depth of 30 feet below ground surface. The existing road width and slopes will be matched.

Erosion and sediment control structures, such as silt fences, will be in place during construction and removed once work is complete.

Full road closure will be allowed for construction from November 24 to March 31. At all other times of year, at least one lane of traffic will need to remain open. Additional full road closures may be permitted on a case-by-case basis with prior NPS approval.

Brooklyn Miners Trail Parking will be used as a staging area for the project. Upon completion, the parking area will need to be milled and overlayed to repair any damage from construction. The parking is approximately 200' in length and 30' in width. During the full closure window, the Cunard launch site parking area may also be used for staging.

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, 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:

• The contractor will perform confirmation borings to full construction depth at locations 1, 2, 5, and 6 prior to starting full excavations or piling work to confirm the absence of underground mine works or voids in these areas.

• State or Federal water quality permitting may be required for drainage structures. If project includes over 1 acre of disturbance, an NPDES/SWPPP permit may be required. Per design documents, FHWA or their contractors will obtain any required permits for the work.

• Although the nature of the ground below the road surface is not known, sinking posts deeply into the slope could encounter the Cunard mineworks. If this occurs, the contractor should immediately notify the park archeologist, Dave Fuerst, at 304-465-6530 or david_fuerst@nps.gov

• All removal and trimming of vegetation larger than 3 inches DBH must occur between November 15 and March 31 to protect federally listed bats.

NHPA Recommendations for Conditions or Stipulations:

No archeological site monitoring is needed for this undertaking.

Categorical Exclusion Documentation Form (CE Form)

Project: Repair Cunard Road Slips and Correct Erosion and Drainage Issues to Prevent Road Failure - FHWA PEPC Project Number: 92404 Description of Action (Project Description):

See Letter of Compliance Completion for project description

Project Locations:

Location County: Fayette State: WV

Mitigation(s):

See Letter of Compliance Completion for Mitigations

CE Citation: 3.3.C.9 Repair, resurfacing, striping, installation of traffic control devices, repair/replacement of guardrails, etc., on existing roads.

CE Justification:

The project scope is limited to repairing subgrade failure areas, improving drainage, replacing curbs and gutters, resurfacing, and restriping Cunard Road within the existing road prism.

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.

Superintendent:

Charles D. Sellars

Extraordinary Circumstances:

If implemented, would the proposal... Yes/No Explanation A. Have significant impacts on public health or safety? No This project will not have significant public health and safety impacts. This project will improve public safety by fixing hazardous roadway and slope conditions.

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 The road improvements will not have significant impacts on the listed resources.

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

No This project will not pose controversial impacts or unresolved conflicts.

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

No There are no uncertain or potentially significant effects or unique or unknown risks.

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

No These actions are not precedent setting.

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

No This is a stand-alone project with no direct relationship to other actions.

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?

No The road improvements will not have significant impacts on listed or eligible NR properties.

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?

No This project will not have significant impacts on T&E species or habitats.

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

No This project will not violate environmental laws or requirements.

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

No This project will not adversely impact low income or minority populations.

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 This project will not affect sacred sites.

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)?

No Non-native species will not be introduced or spread by this project.

ENVIRONMENTAL SCREENING FORM (ESF)

Updated Sept 2015 per NPS NEPA Handbook

A. PROJECT INFORMATION

Project Title: Repair Cunard Road Slips and Correct Erosion and Drainage Issues to Prevent Road Failure - FHWA

PEPC Project Number:

92404

PMIS Number:

Project Type: Repair/Rehabilitation (REHAB) Project Location:

County, State: Fayette, West Virginia Project Leader: Neil Hakel

B. PROJECT DESCRIPTION

See Letter of Compliance Completion for project description

C. RESOURCE IMPACTS TO CONSIDER:

Resource Potential for Impact

Potential Issues & Impacts

Air Air Quality

Potential Issue: Ground disturbing activity may produce airborne dust.

Impact: Dust impacts are expected to be highly local and temporary during construction.

Biological Nonnative or Exotic Species

None

Biological Species of Special Concern or Their Habitat Indiana Long-Eared Bat, Virginia Brown Bat, Northern Long- Eared Bat and Gray Bat

Potential Issue: Populations of endangered bat species may be present in or near the project area. Bats may roost in trees during the summer.

Impact: To minimize impacts to bats, all tree removal and trimming should occur in the winter.

Biological Vegetation

Potential Issue: Some trees adjacent to the road repair sections will be removed.

Resource Potential for Impact

Potential Issues & Impacts

Biological Wildlife and/or Wildlife Habitat including terrestrial and aquatic species

Cultural Archeological Resources

Cultural Landscapes

Ethnographic

Museum Collections

Prehistoric/historic structures

Geological Geologic Features

Potential Issue: Repairing the roadway will require excavating subsurface soil and stone up to a depth of 50 feet. The repair areas consist of unstabilized fill slopes.

Previously unidentified mine works or voids may be present beneath the road surface.

Impact: Soil will be replaced with granular backfill stone to provide more stability for the road. Confirmation borings will be performed to full construction depth at locations 1, 2, 5, and 6 prior to starting full excavations or piling work to confirm the absence of underground mine works or voids in these areas.

Geological Geologic Processes

Lightscapes None

Other Human Health and Safety

Potential Issue: The road in these sections is built on failing slopes, posing a hazard to motorists and a risk for future landslides.

Impact: This project will improve the stability of the road in these sections, improving human safety. Confirmation boring will ensure that safety hazards such as voids or impounded water are not exposed during excavation.

Paleontological Paleontological

Socioeconomic Land Use

Resource Potential for Impact

Potential Issues & Impacts

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

Socioeconomic Potential Issue: Commercial rafting outfitters and event organizers use Cunard Road for river access and events.

Impact: Minor impact to commercial services during construction. Services may be rerouted to other portions of the park or delayed until after construction.

Soundscapes None

Viewsheds None

Visitor Use and Experience Recreation Resources Cunard Road, Cunard Launch Site, Kaymoor Trail, Brooklyn Trail

Potential Issue: Cunard Road and Launch Site will be fully closed from November to March during construction. The Brooklyn Miners Trail Parking lot, serving the Kaymoor Trail and Brooklyn Miners Trail, will be used as a staging area. This road is the only access to a primary river launch site, and is also used for races and other events.

Impact: Temporary negative impacts to available recreational resources during construction.

Visitor Use and Experience Visitor Use and Experience

Water Floodplains

Water Water Quality or Quantity

Potential Issue: New underdrain structures will be installed beneath the repaired roadway sections. Changes to drainage and potential discharges to the New River may require water quality permitting.

Impact: FHWA will apply for Section 401/404 water quality permits, if required.

Water Wetlands

ASSESSMENT OF ACTIONS HAVING AN EFFECT ON HISTORIC

PROPERTIES

A. DESCRIPTION OF UNDERTAKING

1. Park: New River Gorge National Park and Preserve

2. Project Description:

Project Name: Repair Cunard Road Slips and Correct Erosion and Drainage Issues to Prevent Road Failure -

FHWA

Prepared by: David Fuerst Date Prepared: 01/31/2023 Telephone: 3044656530 PEPC Project Number: 92404 Locations:

County, State: Fayette, WV Describe project:

See Letter of Compliance Completion for project description

Area of potential effects (as defined in 36 CFR 800.16[d]) Affected area includes the road right-of-way and possible albeit undisclosed equipment staging area(s).

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

No

X Yes Source or reference:

4. Potentially Affected Resource(s):

Archeological Resources Present: No

Historical Structures/Resources Present: No

Cultural Landscapes Present: No

Ethnographic Resources Present: No

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.)

2002 Park Programmatic Agreement between the NPS, ACHP and WVSHPO.

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:

[ X ] 106 Advisor Name: David Fuerst Date: 01/31/2023 Comments: This road appears to date to the construction of an early 20th century bridge across the New River to connect to Sewell, WV and destinations to the east. Massive flooding washed away the bridge. The road is currently the main route to the park's Cunard river access and is important to the whitewater rafting industry, park visitors, fishers, and hiker and bikers

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect X No Historic Properties Affected No Adverse Effect Adverse Effect Streamlined Review Recommendations for conditions or stipulations: No archeological monitoring is needed for this undertaking

Doc Method: Park Specific or Other Programmatic Agreement

[ X ] Archeologist Name: David Fuerst Date: 01/31/2023 Comments: Several undertakings to stabilize the road have been conducted over the past twenty years. The road descends along a steep slope that is geologically unstable. Although the nature of the ground below the road surface is not known, sinking post deeply into the slope could encounter the Cunard mineworks. If this occurs, the contractor should immediately notify the park archeologist, Dave Fuerst, at 304-465-6530 or david_fuerst@nps.gov

Check if project does not involve ground disturbance [ ] Assessment of Effect: No Potential to Cause Effect X No Historic Properties Affected No Adverse Effect Adverse Effect Streamlined Review Recommendations for conditions or stipulations: Heavy disturbance within the right-of-way precludes the possibility of intact archeological deposits and/or pre-contact Native American human remains.

Doc Method: Park Specific or Other Programmatic Agreement

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

C. PARK SECTION 106 COORDINATOR'S REVIEW AND RECOMMENDATIONS

1. Assessment of Effect:

No Potential to Cause Effects X 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.)

[ X ] 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.

[ ] 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:

Additional Consulting Parties: No

4. Stipulations and Conditions: Following are listed any stipulations or conditions necessary to ensure that the assessment of effect above is consistent with 36 CFR Part 800 criteria of effect or to avoid or reduce potential adverse effects.

No archeological site monitoring is needed for this undertaking.

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:

See Letter of Compliance Completion for mitigations

6. Assessment of Effect Notes:

D. RECOMMENDED BY PARK SECTION 106 COORDINATOR:

NHPA Specialist

David Fuerst

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:

Charles D. Sellars