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HomeMy WebLinkAboutNEPA categorical exclusionCE per PA 1/17/24 1/17/24Jodie Beall Digitally signed by Jodie Beall Date: 2024.01.17 11:50:11 -08'00' DOT Form 140-100EF Page 2 Revised 10/2022 Part 3 - Permits, Approvals & Right of Way (ROW) Yes No Permit or Approval Yes No Permit or Approval Corps of Engineers Sec. 10 Sec. 404 Nationwide Type 14 (Linear Transportation) Individual Permit No. ___________________ Coastal Zone Management Certification Critical Areas Ordinance (CAO) Permit Forest Practices Act Permit Hydraulic Project Approval Local Building or Site Development Permits Local Clearing and Grading Permit National Pollutant Discharge Elimination System (NPDES) Baseline General for Construction Shoreline Permit State Waste Discharge Permit Water Rights Permit Water Quality Certification Section 401 Issued by USACE or Ecology (WDOE)__________ Tribal Permit(s) (if any) ____________________ Other Permits (List) _______________________ Is permanent ROW acquisition needed? If yes, amount needed: __43 acres__ (acres/sq. ft.). Is any temporary ROW needed? Is relocation required? Has ROW (property and/or property interests) been acquired for this project prior to the NEPA start date? If yes, documentation demonstrating compliance with 23 CFR 710.501 may be required. Is a detour required? If yes, please attach detour information. U.S. Coast Guard Permitting a. Does the project propose any new or modify any existing bridges or culverts crossing a waterway? Yes No b. If Yes, attach a copy of the jurisdictional determination email or letter from the U.S. Coast Guard. Other Federal Agencies - Does the project involve any federal properties, approvals or funding from other/additional federal agencies? Yes No If Yes, please describe. USACE Section 404 permit. Part 4 - Environmental Considerations Will the project involve work in or affect any of the following? Identify proposed mitigation. Attach additional pages or supplemental information if necessary. 1. Air Quality - Identify any anticipated air quality issues. Is the project exempt from Air Quality conformity requirements? Yes No a. If Yes, identify exemption please refer to Appendix G in the CE Guidebook for a list of exemptions. (Bicycle and pedestrian facilities) b. Is the project located in an Air Quality Non-Attainment Area or Maintenance Area for carbon monoxide, ozone or PM 10 or PM 2.5? Yes No 2. Critical and Sensitive Areas a. Is this project within a sole source aquifer Yes No If located within a sole source aquifer, is the project exempt from EPA approval? If Yes, please list exemption: _________________________________________________________ If No, date of EPA approval: _________________________________________________________ b. Will this project impact Species/Habitat other than ESA listed species? Yes No Explain your answer. c. Is this project within one mile of a Bald Eagle nesting territory, winter concentration area or communal roost? Yes No If Yes, the local agency must go to the US Fish & Website (https://www.fws.gov/story/do-i-need- eagle-take-permit) and review the information under When is a permit recommended?. Please explain why a permit is or is not needed: Please attach a copy of the permit if needed. d. Are wetlands present within the project area? Yes No If Yes, estimate the impact in acres: _0.104____ Please attach a copy of the proposed mitigation plan. DOT Form 140-100EF Page 3 Revised 10/2022 Compensatory wetland and buffer mitigation has been proposed within the project trail corridor on site as described in the Conceptual Critical Areas Stewardship Plan (Otak 2023) prepared for the project. The proposed mitigation plan will be reviewed by the USACE during 404 permitting, and by Ecology and Jefferson County during county land use permit reviews. If agencies do not approve of on-site mitigation, then in lieu fee credits will be purchased from the gram that has been federally reviewed and approved for compensatory wetland mitigation. 3. Cultural Resources/Historic Structures Identify any historic, archaeological or cultural resources present within the Does the project fit into any of the exempt types of projects listed in Appendix J of the CE Guidebook? Yes No If Yes, note exemptions below. If No: Date of DAHP concurrence: September 8, 2023________________________________ Date of Tribal consultation(s) (if applicable): _________________________________ Adverse effects on cultural/historic resources? Yes No If Yes, date of approved Section 106 MOA: ________________________________ 4. Floodplains and Floodways a. Is the project located in a 100-year floodplain? Yes No b. If Yes, is the project located within a 100-year floodway? Yes No c. Will the project impact a 100-year floodplain? Yes No If Yes, describe impacts. DOT Form 140-100EF Page 4 Revised 10/2022 5.Hazardous and Problem Waste Identify potential sources and type(s). a. Does the project require excavation below the existing ground surface? Yes No b. Will groundwater be encountered? Yes No c. Will any properties be acquired as part of this project? Yes No d. Is this site located in an undeveloped area (i.e. no buildings, parking, storage areas or agriculture? Yes No e. Is the project located within a one-mile radius of a known Superfund Site? Yes No f. Is this project located within a ½-mile radius of a site or sites listed on any of the following Department of Ecology databases? Yes No If Yes, check the appropriate boxes below. Voluntary Cleanup Program (VCP), State Cleanup Site (SCS), or Independent Cleanup Program (ICP) Underground Storage Tank (UST) Leaking Underground Storage Tank (LUST) Confirmed and Suspected Contaminated Sites List (CSCSL) g. Has site reconnaissance (windshield survey) been performed? Yes No (Please identify any properties not identified in the Ecology or ERS database search as an attachment -- name, address and property use). h. Based on the information above and project specific activities, is there a potential for the project to generate, acquire or encounter contaminated soils, groundwater or surface water? Yes No Please explain: Shallow excavation (< 1 ft) will occur along Four Corners Road on the opposite side of the road from the known cleanup sites to construct the trail at grade. Additional grading and excavation will occur along the utility corridor and forest lands that are undeveloped and not in the vicinity of known contaminated sites or potential sources of contamination. See the Hazardous Materials Report prepared for the project. If you responded Yes to any of these questions above (5A 5F or 5H - DOT Form 140-100EF Page 5 Revised 10/2022 Part 4 - Environmental Considerations (continued) 6. Noise a. Does the project involve constructing a new roadway? Yes No b. Is there a change in the vertical or horizontal alignment of the existing roadway? Yes No c. Does the project increase the number of through traffic lanes on an existing roadway? Yes No d. Is there a change in the topography? Yes No e. Are there auxiliary lanes extending 1-½ miles or longer being constructed as part of this project? Yes No f. If you answered Yes to any of the preceding questions, identify and describe any potential noise receptors within the project area and subsequent impacts to those noise receptors. Please attach a copy of the noise analysis if required. The proposed project includes grading within the utility corridor and forest lands to construct the trail with less than five percent grade for ADA compliance. However, the trail is for non-motorized pedestrian and bicycle users and will not impact noise receptors. No noise mitigation measures are proposed. If impacts are identified, describe proposed mitigation measures. 7. 4(f)/6(f) Resources: parks, recreation areas, wildlife refuges, historic properties, wild & scenic rivers, scenic byways a. Please identify any 4(f) properties within the project limits and the areas of impacts. The proposed trail section will connect the Larry Scott Trail to Anderson Lake State Park. The trails are maintained by Jefferson County Public Works. The project will not impact any 4(f) resources because the northern terminus will tie into Milo Curry Road and southern trail terminus ends at the ROW boundary. b. Please identify any properties within the project limits that used funds from the Land & Water Conservation Fund Act. Not applicable. c. Please list any Wild and Scenic Rivers and Scenic Byways within the project limits. Not applicable. 8. Agricultural Lands a. Are there agricultural lands within 300 feet of the project limits? Yes No If Yes, describe impacts: b. Are impacted lands considered to be unique and prime farmland? Yes No If Yes, date of project review by Natural Resource Conservation Service (NRCS): ____July 26, 2023_________ DOT Form 140-100EF Page 6 Revised 10/2022 9. Rivers, Streams (continuous or intermittent) or Tidal Waters a. Identify all waterbodies within 300 feet of the project limits or that will otherwise be impacted. Watercourses within the study area include three non-fish habitat, seasonally flowing streams with 50-foot buffer widths per Jefferson County Code 18.22.630(1). Two streams were delineated within the utility corridor and trail easements (Stream 1 and Stream 2), and one stream (Stream 3) was observed from the right of way east of the trail corridor. Stream 1 is currently piped under the utility access road, and an additional approximately 131 LF of Stream 1 will be piped for the trail crossing. Stream 2, which is a groundwater seep on a hillside that infiltrates in uplands approximately 100 feet downslope, will be filled and incorporated into the site drainage plan. Summary of Streams in Study Area Stream Name Stream Characteristics Stream Type1 Buffer (ft) Stream 1 Seasonal, nonfish Type Ns 50 Stream 2 Seasonal, nonfish Type Ns 50 Stream 3 Seasonal, nonfish Type Ns 50 1Stream Type determined per JCC 18.22.630. b. Identify stream crossing structures by type. The only stream crossing structure in the project corridor is the existing 30-inch diameter pipe culvert on Stream 1 for the existing utility access road. An additional 131 LF of Stream 1 will be piped to support the trail crossing. No other stream crossing structures are proposed. Part 4 - Environmental Considerations (continued) 10. Tribal Lands Identify whether the project will occur within any Tribal lands, including reservation, trust and fee lands. Please do not list usual and accustomed area. Tribal Lands do not occur in the project area. 11. Water Quality/Stormwater a. management manual for eastern/western Washington or a local agency equivalent manual? Yes No Explain proposed water quality/quantity treatment for the new and any existing pollution generating impervious surface associated with the proposed project. The project will not result in any new PGIS. Existing PGIS at the SR 20 and 4 Corners road crossings will continue to sheet flow into roadside ditches and infiltrate. Stormwater from the paved trail will flow into infiltration or dispersion trenches and infiltrate in uplands. b. Amount of existing pollution generating impervious surface within the project limits: Approx. 925 SF c. Net new pollution generating impervious surface to be created as a result of this project: _______0 SF________ d. Amount of proposed post-project untreated pollution generating impervious surface: _0 SF______________ 12. Previous Environmental Commitments Describe previous environmental commitments that may affect or be affected by the project if any. None. DOT Form 140-100EF Page 7 Revised 10/2022 13. Environmental Justice -Does the project meet any of the exemptions noted in Appendix L of the CE Documentation Guidebook? If Yes, please note the exemption and appropriate justification in the space below. If No, attach Appendix M and supporting documentation as required per the decision matrix. This will include at least two demographic information sources and possibly a description of anticipated project impacts. Please refer to the CE Guidebook for more information. Part 5 - Biological Assessments and EFH Evaluations 1. Yes No Attach species listings. Affected ESA Listed Species 2. Will any construction work occur within 0.25 mile of any of the following? 3. Does the project involve blasting, pile driving, concrete sawing, rock-drilling or rock-scaling activity within one mile of any of the following? Oregon Spotted Frog proposed critical habitat or suitable habitat? Yes No Yes No Yellow-billed Cuckoo suitable habitat? Yes No Yes No Spotted Owl management areas, designated critical habitat or suitable habitat? Yes No Yes No Marbled Murrelet nest or occupied stand, designated critical habitat or suitable habitat? Yes No Yes No Western Snowy Plover designated critical habitat? Yes No Yes No Is the project within 0.25 mile of marine waters? If Yes explain potential effects on Killer Whales and on Marbled Murrelet foraging areas. Yes No Yes No Killer Whale designated critical habitat? Yes No Yes No Grizzly Bear suitable habitat? Yes No Yes No Gray Wolf suitable habitat? Yes No Yes No Canada Lynx habitat? Yes No Yes No Columbia White-tailed Deer suitable habitat? Yes No Yes No Woodland Caribou habitat? Yes No Yes No Streaked Horned Lark designated critical habitat or suitable habitat? Yes No Yes No habitat or suitable habitat? Yes No Yes No Mazama Pocket Gopher designated critical habitat or suitable habitat? Yes No Yes No Eulachon designated critical habitat or suitable habitat? Yes No Yes No Rockfish proposed critical habitat or suitable habitat? Yes No Yes No DOT Form 140-100EF Page 8 Revised 10/2022 A mature coniferous or mixed forest stand? Yes No Yes No 4. Will the project involve any in-water work? Yes No 5. Will any construction work occur within 300 feet of any perennial or intermittent Yes No waterbody that either supports or drains to waterbody supporting listed fish? 6. Will any construction work occur within 300 feet of any wetland, pond or lake that Yes No is connected to any permanent or intermittent waterbody? 7. Does the action have the potential to directly or indirectly impact designated critical Yes No habitat for salmonids (including adjacent riparian zones)? 8. Will the project discharge treated or untreated stormwater runoff or utilize water Yes No from a waterbody that supports or drains into a listed-fish supporting waterbody? 9. Will construction occur outside the existing pavement? If Yes go to 9a. Yes No 9a. Will construction activities occurring outside the existing pavement involve clearing, Yes No grading, filling or modification of vegetation or tree-cutting? 10. Are there any Federally listed Threatened or Endangered plant species located within Yes No the project limits? If Yes, please attach a list of these plant species within the action area. 11. Yes No Analysis for No Effects Determination If there are any Yes answers to questions in Part 5, additional analysis is required. Attach additional sheets if needed. ESA-listed species, suitable habitat for ESA-listed species, and designated critical habitat (DCH) do not occur within the project area. The trail project occurs along a previously disturbed road corridor (4 Corners Road), cleared and maintained power line corridor, and recently logged and active forest lands. In-water work includes piping 131 LF of Stream 1 and filling Stream 2, both of which are Type Ns (no-fish habitat, seasonal) streams with no fish presence. The nonmotorized trail is for pedestrian use and will not result in new PGIS. Although there may be suitable nest trees for marbled murrelet in Anderson Lake State Park, there are no suitable habitat patches within 0.25-mile of the project corridor. The Discovery Bay shoreline is approximately 0.17 mile west of the western trail terminus near the Larry Scott Trail, and no blasting, pile-driving or other significant noises will be generated by the project that could disturb foraging by murrelets. Analysis for RRMP ESA 4(d) determination for NMFS A local agency must be certified by the Regional Road Maintenance Forum to utilize 4(d). Maintenance Category (check all that apply) 1. Roadway Surface 6 Stream Crossings 11. Emergency Slide/Washout Repair 2. Enclosed Drainage Systems 7. Gravel Shoulders 12. Concrete 3. Cleaning Enclosed Drainage Systems 8. Street Surface Cleaning 13. Sewer Systems 4. Open Drainage Systems 9. Bridge Maintenance 14. Water Systems 5. Watercourses and Streams 10. Snow and Ice Control 15. Vegetation Describe how the project fits in the RRMP 4(d) Program: DOT Form 140-100EF Page 9 Revised 10/2022 Effect Determinations for ESA and EFH determination is anticipated), a separate biological assessment document is required. NMFS USFWS EFH Determination No Effect ________________ ________________ No Adverse Effect NLTAA - Date of Concurrence ________________ ________________ Adverse Effect Date of NMFS LTAA Date BO Issued ________________ ________________ concurrence __________________ RRMP 4(d) ________________ Not Applicable Part 6 - FHWA Comments 1/17/24 1/17/24