Section 4f memo.pdf

Memorandum

Subject: Section 4(f) Analysis for TX FTFW

INDA 10(1), 11(1)

Date: 5/11/2020

From: Chris Hansen

Environmental Protection Specialist Eastern Federal Lands Highway Division

To:

File

This memo summarizes findings for Section 4(f) of the USDOT Act for the subject project. There are two real property parcels impacted by the proposed action.

US Fish and Wildlife Service owns parcel 64792. Impacts to this property are exempt from the requirement for 4(f) approval per 23 CFR 774.13(e). This property is considered a Federal Lands Transportation Facility.

Inks Lake State Park owns land on the southern portion of Commercial Entrance Road (now called Hatchery Entrance South Road). This portion of the project is not exempt from Section 4(f) because it is not a federal lands transportation facility. FHWA has determined that impacts to Inks Dam State Park will have a de minimis impact.

The Official with Jurisdiction (OWJ) is the Park Superintendent of Inks Lake State Park, Mr. Cory Evans. On March 6, 2020, Mr. Evans concurred in an email that the proposed project will not adversely affect the activities, features, or attributes that qualify the park for protection under Section 4(f).

This 4(f) finding does not change FHWA’s determination from 9/18/2019 that this action is a Categorical Exclusion for the purposes of NEPA.

This memo supersedes the draft memo dated 1/16/2020.

RE: Road improvements at Inks Dam - Request for 4(f) De Minimis concurrence

From

Cory Evans

To

Hansen, Christopher (FHWA); Scot Smith

Cc

Greg Creacy; Luis Alvarado; Todd McClanahan; Heather Hannusch; Shawn Greene; James Hess

Recipients christopher.hansen@dot.gov; Scot.Smith@tpwd.texas.gov; Greg.Creacy@tpwd.texas.gov; Luis.Alvarado@tpwd.texas.gov; Todd.McClanahan@tpwd.texas.gov; Heather.Hannusch@tpwd.texas.gov; Shawn.Greene@tpwd.texas.gov; James.Hess@tpwd.texas.gov

Chris---Please find attached the latest correspondence on this request. Our TPWD State Parks Natural and Cultural Resources Programs concur with the de minimis finding.

Scott---Is there an official response form that still needs to be completed or will the email approvals be sufficient?

Thank you everyone.

Cory

Cory Evans

Park Superintendent

Inks Lake State Park

O (512) 793-2223 ext. 223

C (512) 636-6206

From: Hansen, Christopher (FHWA) <christopher.hansen@dot.gov> Sent: Thursday, March 5, 2020 12:20 PM To: Cory Evans <Cory.Evans@tpwd.texas.gov> Subject: RE: Road improvements at Inks Dam - Request for 4(f) De Minimis concurrence

ALERT: This email came from an external source. Do not open attachments or click on links in unknown or unexpected emails.

Cory, Gentle reminder on this request.

Regards, Chris

From: Cory Evans [mailto:Cory.Evans@tpwd.texas.gov] Sent: Tuesday, January 28, 2020 12:15 PM To: Hansen, Christopher (FHWA) <christopher.hansen@dot.gov> Cc: Hailegiorgis, Selamawit (FHWA) <Selam.Hailegiorgis@dot.gov>; bruce_hickson@fws.gov; jeff_conway@fws.gov; Rose, Kevin (FHWA) <Kevin.Rose@dot.gov>; Scot Smith <Scot.Smith@tpwd.texas.gov>; James Hess <James.Hess@tpwd.texas.gov>; Shawn Greene <Shawn.Greene@tpwd.texas.gov>; Todd McClanahan <Todd.McClanahan@tpwd.texas.gov>; Trey Vick <Trey.Vick@tpwd.texas.gov>; Christopher Beckcom <Christopher.Beckcom@tpwd.texas.gov>; Greg Creacy <Greg.Creacy@tpwd.texas.gov>; Luis Alvarado <Luis.Alvarado@tpwd.texas.gov>; Heather Hannusch <Heather.Hannusch@tpwd.texas.gov>

Chris, Yes, I participated in the 70% plan review meeting at the Inks Dam NFH on Wednesday of last week. I have copied other Texas Parks & Wildlife Department (TPWD) staff who were initially involved with the project review to seek guidance on the Section 4(f) impact findings, and to provide them with an opportunity to review the 70% plan set as well.

I am unfamiliar with the Section 4(f) process, and am not sure who historically has approved these for TPWD, but will get an answer to you soon.

Thank you, Scot/Greg—can you point me to our POC for this type of review?

Sent: Tuesday, January 28, 2020 8:28 AM To: Cory Evans <Cory.Evans@tpwd.texas.gov> Cc: Hailegiorgis, Selamawit (FHWA) <Selam.Hailegiorgis@dot.gov>; bruce_hickson@fws.gov; jeff_conway@fws.gov; Rose, Kevin (FHWA) <Kevin.Rose@dot.gov> Subject: Road improvements at Inks Dam - Request for 4(f) De Minimis concurrence

Hello Cory, I understand you have been in contact with our project manager Selam Hailegiorgis about a proposed road project at Inks Dam National Fish Hatchery. A portion of the new entrance road will impact Inks Lake State Park, as depicted in the attached overview map. As a result, we must comply with a law called “Section 4(f)” which is intended to protect parks from being destroyed by highway projects. Our proposed project would formalize (pave) the existing gravel road and widen from an average of 14’ to 18’. Because this impact is relatively minor, FHWA believes this action may be processed as a “de minimis” finding. If you want to learn more about Section 4(f), please watch this short video or see this guide. Also, I am happy to discuss more with you over phone or email.

In order to continue with a 4(f) de minimis impact finding, I need your agreement this road project will not adversely affect the activities, features, or attributes that qualify the park for protection under Section 4(f). You can provide this agreement by responding to this email or by issuing a formal letter; whatever you prefer. Again, if you want to talk more about Section 4(f) before providing anything in writing, I am glad to assist.

Best regards, Chris Hansen

Federal Highway Administration

21400 Ridgetop Circle

Sterling, Virginia 20166

(703)404-6272 christopher.hansen@dot.gov

__substg1.0_3701000D.msg

From

Greg Creacy

To

Cory Evans; Scot Smith

Cc

James Hess; Shawn Greene; Todd McClanahan; Trey Vick; Christopher Beckcom; Luis Alvarado; Heather Hannusch; Greg Creacy

Recipients

Cory.Evans@tpwd.texas.gov; Scot.Smith@tpwd.texas.gov; James.Hess@tpwd.texas.gov; Shawn.Greene@tpwd.texas.gov; Todd.McClanahan@tpwd.texas.gov; Trey.Vick@tpwd.texas.gov; Christopher.Beckcom@tpwd.texas.gov; Luis.Alvarado@tpwd.texas.gov; Heather.Hannusch@tpwd.texas.gov; Greg.Creacy@tpwd.texas.gov

Scot:

I’m not sure if you prefer to respond to this Section 4(f) consideration, or if you would like State Park staff to respond. State Parks staff concur with a 4(f) de minimis finding.

From Luis Alvarado:

There is a cultural resource component to the 4(f) review process due to the NR status of PR4; the CR Program (Archeology and Preservation Services) have already determined that this project will have no adverse effect on PR4 or other significant historic resource within the park; so the CR Program is ok with the de minimis finding. While 4(f) is an environmental and cultural consideration of land use, it is a section of the USDOT Act evaluation so the official response may need to come from Scot’s program.

From Greg Creacy:

The Natural Resources Program has evaluated the expected impact of this project on Inks Lake State Park. This proposed road project will not adversely affect the activities, features, or attributes that qualify the park for protection under Section 4(f).

Thanks, Greg

Greg Creacy

Natural Resources Program Director

State Parks Division

Texas Parks and Wildlife Department

From: Cory Evans <Cory.Evans@tpwd.texas.gov> Sent: Tuesday, January 28, 2020 11:15 AM To: Hansen, Christopher (FHWA) <christopher.hansen@dot.gov> Cc: Hailegiorgis, Selamawit (FHWA) <Selam.Hailegiorgis@dot.gov>; bruce_hickson@fws.gov; jeff_conway@fws.gov; Rose, Kevin (FHWA) <Kevin.Rose@dot.gov>; Scot Smith <Scot.Smith@tpwd.texas.gov>; James Hess <James.Hess@tpwd.texas.gov>; Shawn Greene <Shawn.Greene@tpwd.texas.gov>; Todd McClanahan <Todd.McClanahan@tpwd.texas.gov>; Trey Vick <Trey.Vick@tpwd.texas.gov>; Christopher Beckcom <Christopher.Beckcom@tpwd.texas.gov>; Greg Creacy <Greg.Creacy@tpwd.texas.gov>; Luis Alvarado <Luis.Alvarado@tpwd.texas.gov>; Heather Hannusch <Heather.Hannusch@tpwd.texas.gov>

Yes, I participated in the 70% plan review meeting at the Inks Dam NFH on Wednesday of last week. I have copied other Texas Parks & Wildlife Department (TPWD) staff who were initially involved with the project review to seek guidance on the Section 4(f) impact findings, and to provide them with an opportunity to review the 70% plan set as well.

I am unfamiliar with the Section 4(f) process, and am not sure who historically has approved these for TPWD, but will get an answer to you soon.

To: Cory Evans <Cory.Evans@tpwd.texas.gov> Cc: Hailegiorgis, Selamawit (FHWA) <Selam.Hailegiorgis@dot.gov>; bruce_hickson@fws.gov; jeff_conway@fws.gov; Rose, Kevin (FHWA) <Kevin.Rose@dot.gov>

I understand you have been in contact with our project manager Selam Hailegiorgis about a proposed road project at Inks Dam National Fish Hatchery. A portion of the new entrance road will impact Inks Lake State Park, as depicted in the attached overview map. As a result, we must comply with a law called “Section 4(f)” which is intended to protect parks from being destroyed by highway projects. Our proposed project would formalize (pave) the existing gravel road and widen from an average of 14’ to 18’. Because this impact is relatively minor, FHWA believes this action may be processed as a “de minimis” finding. If you want to learn more about Section 4(f), please watch this short video or see this guide. Also, I am happy to discuss more with you over phone or email.

In order to continue with a 4(f) de minimis impact finding, I need your agreement this road project will not adversely affect the activities, features, or attributes that qualify the park for protection under Section 4(f). You can provide this agreement by responding to this email or by issuing a formal letter; whatever you prefer. Again, if you want to talk more about Section 4(f) before providing anything in writing, I am glad to assist.

From

Cory Evans

To

Hansen, Christopher (FHWA); Scot Smith

Cc

Greg Creacy; Luis Alvarado; Todd McClanahan; Heather Hannusch; Shawn Greene; James Hess; Hailegiorgis, Selamawit (FHWA); jeff_conway@fws.gov

Recipients christopher.hansen@dot.gov; Scot.Smith@tpwd.texas.gov; Greg.Creacy@tpwd.texas.gov; Luis.Alvarado@tpwd.texas.gov; Todd.McClanahan@tpwd.texas.gov; Heather.Hannusch@tpwd.texas.gov; Shawn.Greene@tpwd.texas.gov; James.Hess@tpwd.texas.gov; Selam.Hailegiorgis@dot.gov; jeff_conway@fws.gov

Thank you Scot.

Chris---my understanding is that this email approval will serve as TPWD’s concurrence.

Thanks again, and please let me know if there is anything else we need to provide for now.

Sent: Thursday, March 5, 2020 4:17 PM To: Scot Smith <Scot.Smith@tpwd.texas.gov>; Cory Evans <Cory.Evans@tpwd.texas.gov> Cc: Greg Creacy <Greg.Creacy@tpwd.texas.gov>; Luis Alvarado <Luis.Alvarado@tpwd.texas.gov>; Todd McClanahan <Todd.McClanahan@tpwd.texas.gov>; Heather Hannusch <Heather.Hannusch@tpwd.texas.gov>; Shawn Greene <Shawn.Greene@tpwd.texas.gov>; James Hess <James.Hess@tpwd.texas.gov>; Hailegiorgis, Selamawit (FHWA) <Selam.Hailegiorgis@dot.gov>

ALERT: This email came from an external source. Do not open attachments or click on links in unknown or unexpected emails.

Thanks Cory and Scot. I am comfortable accepting this chain of emails as your concurrence, if that works for you.

From: Scot Smith [mailto:Scot.Smith@tpwd.texas.gov] Sent: Thursday, March 5, 2020 5:08 PM To: Cory Evans <Cory.Evans@tpwd.texas.gov>; Hansen, Christopher (FHWA) <christopher.hansen@dot.gov> Cc: Greg Creacy <Greg.Creacy@tpwd.texas.gov>; Luis Alvarado <Luis.Alvarado@tpwd.texas.gov>; Todd McClanahan <Todd.McClanahan@tpwd.texas.gov>; Heather Hannusch <Heather.Hannusch@tpwd.texas.gov>; Shawn Greene <Shawn.Greene@tpwd.texas.gov>; James Hess <James.Hess@tpwd.texas.gov>

Since this doesn’t involve TxDOT directly, I believe TPWD’s Natural and Cultural Resource’s responses are sufficient and State Parks should be the POC. At this point, I wouldn’t know what to send or to whom. I do think we should dial TxDOT into it as a courtesy but they shouldn’t be directly involved with the work.

With that said, I going to send the 70% plans to Joe Muck with the local TxDOT Office as a courtesy.

Thanks, Scot

From: Cory Evans <Cory.Evans@tpwd.texas.gov> Sent: Thursday, March 5, 2020 2:50 PM To: Hansen, Christopher (FHWA) <christopher.hansen@dot.gov>; Scot Smith <Scot.Smith@tpwd.texas.gov> Cc: Greg Creacy <Greg.Creacy@tpwd.texas.gov>; Luis Alvarado <Luis.Alvarado@tpwd.texas.gov>; Todd McClanahan <Todd.McClanahan@tpwd.texas.gov>; Heather Hannusch <Heather.Hannusch@tpwd.texas.gov>; Shawn Greene <Shawn.Greene@tpwd.texas.gov>; James Hess <James.Hess@tpwd.texas.gov>

Chris---Please find attached the latest correspondence on this request. Our TPWD State Parks Natural and Cultural Resources Programs concur with the de minimis finding.

Scott---Is there an official response form that still needs to be completed or will the email approvals be sufficient?

Thank you everyone.

Sent: Thursday, March 5, 2020 12:20 PM To: Cory Evans <Cory.Evans@tpwd.texas.gov>

ALERT: This email came from an external source. Do not open attachments or click on links in unknown or unexpected emails.

Gentle reminder on this request.

Regards, Chris

From: Cory Evans [mailto:Cory.Evans@tpwd.texas.gov] Sent: Tuesday, January 28, 2020 12:15 PM To: Hansen, Christopher (FHWA) <christopher.hansen@dot.gov> Cc: Hailegiorgis, Selamawit (FHWA) <Selam.Hailegiorgis@dot.gov>; bruce_hickson@fws.gov; jeff_conway@fws.gov; Rose, Kevin (FHWA) <Kevin.Rose@dot.gov>; Scot Smith <Scot.Smith@tpwd.texas.gov>; James Hess <James.Hess@tpwd.texas.gov>; Shawn Greene <Shawn.Greene@tpwd.texas.gov>; Todd McClanahan <Todd.McClanahan@tpwd.texas.gov>; Trey Vick <Trey.Vick@tpwd.texas.gov>; Christopher Beckcom <Christopher.Beckcom@tpwd.texas.gov>; Greg Creacy <Greg.Creacy@tpwd.texas.gov>; Luis Alvarado <Luis.Alvarado@tpwd.texas.gov>; Heather Hannusch <Heather.Hannusch@tpwd.texas.gov>

Yes, I participated in the 70% plan review meeting at the Inks Dam NFH on Wednesday of last week. I have copied other Texas Parks & Wildlife Department (TPWD) staff who were initially involved with the project review to seek guidance on the Section 4(f) impact findings, and to provide them with an opportunity to review the 70% plan set as well.

I am unfamiliar with the Section 4(f) process, and am not sure who historically has approved these for TPWD, but will get an answer to you soon.

To: Cory Evans <Cory.Evans@tpwd.texas.gov> Cc: Hailegiorgis, Selamawit (FHWA) <Selam.Hailegiorgis@dot.gov>; bruce_hickson@fws.gov; jeff_conway@fws.gov; Rose, Kevin (FHWA) <Kevin.Rose@dot.gov>

I understand you have been in contact with our project manager Selam Hailegiorgis about a proposed road project at Inks Dam National Fish Hatchery. A portion of the new entrance road will impact Inks Lake State Park, as depicted in the attached overview map. As a result, we must comply with a law called “Section 4(f)” which is intended to protect parks from being destroyed by highway projects. Our proposed project would formalize (pave) the existing gravel road and widen from an average of 14’ to 18’. Because this impact is relatively minor, FHWA believes this action may be processed as a “de minimis” finding. If you want to learn more about Section 4(f), please watch this short video or see this guide. Also, I am happy to discuss more with you over phone or email.

In order to continue with a 4(f) de minimis impact finding, I need your agreement this road project will not adversely affect the activities, features, or attributes that qualify the park for protection under Section 4(f). You can provide this agreement by responding to this email or by issuing a formal letter; whatever you prefer. Again, if you want to talk more about Section 4(f) before providing anything in writing, I am glad to assist.