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Home My WebLink About21-100989-APPROVED NEPA-03-16-2021-V1DOT Form 140-100 Revised 8/2020 NEPA Categorical Exclusion Documentation Form Federal Aid Project Number NEPA Start Date Intent of Submittal Preliminary Final Re-Evaluate Agency Project Title County Beginning terminus: Township(s): Ending terminus: Range(s): Miles: Section(s): Part 1 - Project Description (Attach Vicinity Map) Part 2 - Categorical Exclusion & STIP ROW Construction • Attach a copy of the STIP page to the CE documentation form. NEPA Approval Signatures Local Agency Approving Authority Date Local Programs Environmental Engineer Date Regional Local Programs Engineer Date Federal Highway Administration Date Telephone (include area code)E-mail Address 2 ) QMPIW 7687 'MX]SJ*IHIVEP;E]0EOSXE1MHHPI7GLSSP7;(EWL4SMRX6SEH /MRK 'SRWXVYGXWMHI[EPOTPERXIVWXVMTFMG]GPIPERIERHWXVIIXPMKLXMRKSRXLIWSYXLWMHISJ7;(EWL4SMRX6SEH FIX[IIRWX%ZI7;ERHJIIXWSYXL[IWXSJ7;XL7XVIIX9TKVEHII\MWXMRKTIHIWXVMERGVSWWMRKWERH GYVFVEQTWEXWX%ZI7;XSGYVVIRX%(%WXERHEVHW)\XIRHVIHYGIHWTIIHWGLSSP^SRIXLVSYKLXLI7; XLMRXIVWIGXMSR8LMWTVSNIGX[MPPEPWSMRGPYHIEWWSGMEXIHWXSVQHVEMREKIMQTVSZIQIRXWERHE[EXIVPMRI VITPEGIQIRX8LMWTVSNIGXMWFIMRKGSRWXVYGXIHXSTVSZMHIJSVMQTVSZIHRSRQSXSVM^IHJEGMPMXMIW[LMGL VIWYPXWMRWEJIVRSRQSXSVM^IHEGGIWWEPSRKXLIGSVVMHSV :MGMRMX]1ETEXXEGLIH G 'LVMWXMRI1YPPIR 'LVMWXMRI1YPPIR$GMX]SJJIHIVEP[E (MKMXEPP]WMKRIHF]).;EPWL4) (2'!97)!IN[EPWL$GMX]SJJIHIVEP[E]GSQ 3!'MX]SJ*IHIVEP;E]39!4YFPMG;SVOW (MVIGXSV'2!).;EPWL4) (EXI 1ILVHEH1SMRM4)(MKMXEPP]WMKRIHF]1ILVHEH1SMRM4) (EXI Final - mv X DOT Form 140-100 Revised 8/2020 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 Water Quality Certification - Section 401 Nationwide Type Issued By Individual Permit No. Tribal Permit(s) (if any) Coastal Zone Management Certification Other Permits (List) Critical Areas Ordinance (CAO) Permit Is permanent ROW acquisition needed? If yes, Forest Practices Act Permit amount needed: (acres/sq. ft.). Hydraulic Project Approval Is any temporary ROW needed? Local Building or Site Development Permits Is relocation required? Local Clearing and Grading Permit Has ROW (property and/or property interests) National Pollutant Discharge Elimination System been acquired for this project prior to the NEPA (NPDES) Baseline General for Construction start date? If yes, documentation demonstrating Shoreline Permit compliance with 23 CFR 710.501 may State Waste Discharge Permit be required. Water Rights Permit 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. 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. b. Is the project included in the Metropolitan Transportation Plan? Yes No If Yes, date Metropolitan Transportation Plan was adopted c. 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 (http://www.fws.gov/pacific/eagle/) and work through the Do I Need a Permit? section. d. Are wetland present within the project area? Yes No If Yes, estimate the impact in acres: Please attach a copy of the proposed mitigation plan. 40 CFR 93.126 - Bicycle and pedestrian facilities Dec 2018 (Project #FW-37) DOT Form 140-100 Revised 8/2020 3.Cultural Resources/Historic Structures - Identify any historic, archaeological or cultural resources present within the project’s Area of Potential Effects. 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: 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. 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: If you responded Yes to any of these questions above (5A - 5F or 5H), contact your Region LPE for assistance as a “Right-Sized” HazMat Analysis Report/Memorandum most likely will be required. There is a small possibility that contaminated soil could be found during excavation. A Special Provision will be included in the contract documents for proper handling and disposal in the event it is encountered. The City constructed roadway improvements just north of this project at the intersection of S 312th St and SW Dash Point Road four years ago. There was extensive excavation and no contaminated soil was encountered at that time. That project site was much closer to the locations of the underground tanks and cleanup sites. A-4, 20. 21 - mv per TD 11/4/2020 DOT Form 140-100 Revised 8/2020 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. 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 and 4(f) properties within the project limits and the areas of impacts. b. Please identify any properties within the project limits that used funds from the Land & Water Conservation Fund Act. c. Please list any Wild and Scenic Rivers and Scenic Byways within the project limits. 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): 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. b. Identify stream crossing structures by type. n/a n/a The project is located adjacent to Lakota Park. None None There is an unnamed stream north of SW Dash Point Rd that ends approximately 100' north of the project. The end of the stream is located on a private parcel and will not be impacted by this project. none DOT Form 140-100 Revised 8/2020 10. Tribal Lands - Identify whether the project will occur within any Tribal lands, including reservation, trust and fee lands. Please do no list usual and accustomed area. 11. Water Quality/Stormwater a. Will this project’s proposed stormwater treatment facility be consistent with the guidelines provided by either WSDOT’s HRM, DOE’s stormwater management manual for eastern/western Washington or a local agency equivalent manual? Yes No If No, explain proposed water quality/quantity treatment for the new and any existing pollution generating impervious surface associated with the proposed project. b. Amount of existing pollution generating impervious surface within the project limits: c. Net new pollution generating impervious surface to be created as a result of this project: d. Amount of proposed post-project untreated pollution generating impervious surface: 12. Previous Environmental Commitments Describe previous environmental commitments that may affect or be affected by the project - if any. 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. Do any listed species potentially occur in the project’s action area and/or is any designated critical habitat present within the project’s action area? 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 The project will not occur within any Tribal lands. 98,030 sf 3,889 sf 3,889 sf None Exemptions #2 (new light/signs); #6 (new sidewalk); #7 (new bike lane); #8 (replaced storm & waterline) DOT Form 140-100 Revised 8/2020 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 Taylor’s Checkerspot designated critical 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 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 waterbody that either supports or drains to waterbody supporting listed fish? Yes No 6. Will any construction work occur within 300 feet of any wetland, pond or lake that is connected to any permanent or intermittent waterbody? Yes No 7. Does the action have the potential to directly or indirectly impact designated critical habitat for salmonids (including adjacent riparian zones)? Yes No 8. Will the project discharge treated or untreated stormwater runoff or utilize water from a waterbody that supports or drains into a listed-fish supporting waterbody? Yes No 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, grading, filling or modification of vegetation or tree-cutting? Yes No 10. Are there any Federally listed Threatened or Endangered plant species located within the project limits? If Yes, please attach a list of these plant species within the action area. Yes No 11. Does a mature coniferous or mixed forest stand occur within 200’ of the project site? 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. The project will occur entirely within the existing ROW of SW Dash Point Road. There will be no in-water work or impacts to streams. 9a. The project will include clearing/grading/filling outside of the existing pavement to accommodate the new curb/gutter/sidewalk. This will include removal of existing grass areas, as well as removal of a row of mature, deciduous trees. These trees will be replaced with street trees that will be located in the planter strip area. 11. An undeveloped parcel is located across the street (within 200') and is currently filled with a mixture of coniferous and deciduous trees. The proposed project will have no impact on this parcel. DOT Form 140-100 Revised 8/2020 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: Effect Determinations for ESA and EFH If each of the questions in the preceding section resulted in a “No” response or if any of the questions were checked “Yes,” but adequate justification can be provided to support a “no effect” determination, then check “No Effect” below. If this checklist cannot be used for Section 7 compliance (i.e., adequate justification cannot be provided or a “may effect” 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 concurrence LTAA - Date BO Issued RRMP 4(d) Not Applicable Part 6 - FHWA Comments PROJECT BEGINSPROJECT ENDS PROJECT LOCATION A B C D E F A B C D E F 1 2 3 4 5 6 7 1 2 3 4 5 6 7 October 02, 2020 United States Department of the Interior FISH AND WILDLIFE SERVICE Washington Fish And Wildlife Office 510 Desmond Drive Se, Suite 102 Lacey, WA 98503-1263 Phone: (360) 753-9440 Fax: (360) 753-9405 http://www.fws.gov/wafwo/ In Reply Refer To: Consultation Code: 01EWFW00-2021-SLI-0004 Event Code: 01EWFW00-2021-E-00012 Project Name: Lakota Middle School Safe Routes to School 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, and proposed species, designated and proposed critical habitat, and candidate species that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The 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. The species list is currently compiled at the county level. Additional information is available from the Washington Department of Fish and Wildlife, Priority Habitats and Species website: http://wdfw.wa.gov/ mapping/phs/ or at our office website: http://www.fws.gov/wafwo/species_new.html. 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. 10/02/2020 Event Code: 01EWFW00-2021-E-00012 2 Ƒ 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 or not 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.). You may visit our website at http://www.fws.gov/pacific/ eagle/for information on disturbance or take of the species and information on how to get a permit and what current guidelines and regulations are. Some 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. Also be aware that all marine mammals are protected under the Marine Mammal Protection Act (MMPA). The MMPA prohibits, with certain exceptions, the "take" of marine mammals in U.S. waters and by U.S. citizens on the high seas. The importation of marine mammals and marine mammal products into the U.S. is also prohibited. More information can be found on the MMPA website: http://www.nmfs.noaa.gov/pr/laws/mmpa/. 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. Related website: National Marine Fisheries Service: http://www.nwr.noaa.gov/protected_species/species_list/ species_lists.html Attachment(s): Official Species List 10/02/2020 Event Code: 01EWFW00-2021-E-00012 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: Washington Fish And Wildlife Office 510 Desmond Drive Se, Suite 102 Lacey, WA 98503-1263 (360) 753-9440 10/02/2020 Event Code: 01EWFW00-2021-E-00012 2 Project Summary Consultation Code: 01EWFW00-2021-SLI-0004 Event Code: 01EWFW00-2021-E-00012 Project Name: Lakota Middle School Safe Routes to School Project Type: TRANSPORTATION Project Description: The Lakota Middle School Safe Routes to School Project will construct sidewalk, planter strip, bicycle lane, street lights on the south side of SW Dash Point Road between 21st Ave SW and 100 feet southwest of SW 312th Street. The project will also upgrade existing pedestrian crossing and curb ramps at 21st Ave SW to current ADA Standards. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/47.32149419718467N122.35824610849392W Counties: King, WA 10/02/2020 Event Code: 01EWFW00-2021-E-00012 3 1. Endangered Species Act Species There is a total of 6 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. 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 Gray Wolf Canis lupus Population: Western Distinct Population Segment No critical habitat has been designated for this species. Proposed Endangered North American Wolverine Gulo gulo luscus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5123 Proposed Threatened 1 10/02/2020 Event Code: 01EWFW00-2021-E-00012 4 Birds NAME STATUS Marbled Murrelet Brachyramphus marmoratus Population: U.S.A. (CA, OR, WA) There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4467 Threatened Streaked Horned Lark Eremophila alpestris strigata There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7268 Threatened Yellow-billed Cuckoo Coccyzus americanus Population: Western U.S. DPS There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3911 Threatened Fishes NAME STATUS Bull Trout Salvelinus confluentus Population: U.S.A., conterminous, lower 48 states There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8212 Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. #1#2#3#4#7#6#5#1 - Westfair Cleaners - VSP, SCS, VSP exp 6/14/2006#2 - Chevron - VSP, exp 1/23/2018, LUST, UST#3 - Dash Point ARCO - UST, LUST exp. 6/1/1995#4 - Fire Department - NONE#5 - Exxon - NONE#6 - Lakota Park - NONE#7 - Lakota Middle School - ICP exp. 8/3/2009VCP - Voluntary Cleanup ProgramSCS - State Cleanup ProgramICP - Independent Cleanup ProgramUST - Underground Storage TankLUST - Leaking Underground Storage TankCSCSL - Confirmed and Suspected Sites ListNONE - None of the above shown for site (other types of DOE records are shown such as construction stormwater permit, CSWP)