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New Haven and Northampton Rail Trail 604207 CE CHECKLIST FORM CATEGORICAL EXCLUSION (CE) DETERMINATION CHECKLIST Section 1 Project Information City/Town Northampton & Easthampton MassHighway District 2 Route or Road Name Manhan Rail Trail MassHighway Project Number 604207 Federal-Aid Number Project Manager or Preparer Lori Macdonald Section 2 Project Description and Purpose Briefly describe the project, including purpose, location, and limits. If necessary, additional sheets may be attached to the checklist. EASTHAMPTON & NORTHAMPTON- MANHAN RAIL TRAIL CONSTRUCTION, STATION 1+18 TO GROVE STREET/EARLE STREET, INCLUDES BR# E-05-027, E-05-028, & N-19-001 (See Attached Project Description) Starting with Section 3, answer the questions by checking Yes or No. After each of the following sections there will be instructions that direct the preparer to either stop completing the checklist or continue to the next section of the checklist. All supporting documentation should be attached to the checklist. The preparer should refer to MassHighway’s Categorical Exclusion Checklist Detailed Instructions for further information and guidance on completing this checklist. Section 3 Automatic Categorical Exclusion YES NO 1. Is the Project an Automatic CE? If Yes, the remainder of checklist does not have to be completed and the checklist should be included in the project file. If No, the preparer should complete Section 4 below. A list of projects that qualify as an Automatic CE is provided in the Categorical Exclusion Detailed Instructions. Section 4 Categorical Exclusion 2. Does the project induce significant impacts to planned growth or land use for the area? 3. Does the project require the relocation of significant numbers of people? 4. Does the project have a significant impact on any natural, cultural, recreational, historic or other resource? 5. Does the project involve significant air, noise or water quality impacts? Yes No 6. Does the project have a significant impact on travel patterns? 7. Does the project involve substantial controversy on environmental grounds? 8. Does the project have significant impact on properties protected by Section 4(f) of the DOT Act, or Section 106 of the National Historic Preservation Act? 9. Is the project inconsistent with any federal or state requirement or administrative determination relating to the environmental aspects of the action? 10. Is the project inconsistent with the Massachusetts Coastal Zone Management Plan as determined by the Massachusetts Office of Coastal Zone Management? If the answer for any of the questions within Section 4 is Yes then the project does not qualify as a CE and an EA or EIS is required. If the answer for all of the questions within Section 4 is No, the preparer should complete Section 5 below. Section 5 Programmatic Categorical Exclusion 11. Does the project involve the permanent acquisition of more than minor amounts of right-of-way? 12. If the action involves the sale, transfer, or lease of state-owned land, does the intended future use of such land result in any substantial environmental impact? 13. Does the project have a determination of adverse effect by the State Historic Preservation Officer? 14. Does the project have a disproportionately high and adverse impact on minority or low-income populations? 15. Is the project a Type I action requiring a noise assessment? 16. Does the project require the use of properties protected by Section 4(f) of the DOT Act necessitating the preparation of an Individual Section 4(f) Evaluation? 17. Does the project require the use of properties protected by Section 6(f) of the Land and Water Conservation Act? 18. Does the project require an Army Corps of Engineers Individual Section 404 permit? Yes No 19. Does the project require a U.S. Coast Guard construction permit? 20. Within the project area, does the project result in an average of greater than one-half acre of permanent wetland impact per linear mile? 21. Does the project affect federally listed threatened or endangered species or critical habitat? 22. Does the project adversely affect a regulatory floodway or the base floodplain (100-year flood) elevations of a watercourse or waterbody? 23. Does the project involve construction in, across, or adjacent to a river designated as a component in the Natural System of Wild and Scenic Rivers? 24. Does the project affect prime or unique farmland? 25. Does the project involve work within or adjacent to a known Superfund site? 26. Does the action involve any changes in access control? 27. If the project involves the use of a temporary road, detour or ramp closure, will any of the following conditions occur?  Provisions have not been made for access by local traffic;  Through-traffic dependent business will be adversely affected;  The detour or ramp closure will interfere with a local special event or festival;  The temporary road, detour or ramp closure will substantially change the environmental consequences of the action;  There is a substantial controversy associated with the temporary road, detour, or ramp closure. If the answers to all questions in Section 5 are “No” then the project qualifies as a Programmatic CE. The checklist and all supporting information should be submitted to the MassHighway Project Manager. If the answer for any of the questions in Section 5 is Yes then the project does not qualify as a Programmatic CE and an Individual CE approval from FHWA is required. The preparer should attach to this checklist all supporting information to clearly establish that there is little or no potential for significant impact. The Individual CE, and supporting information, will be submitted to the FHWA Division Office for approval. I concur with this categorical exclusion determination: _________________ Environmental Section Deputy Chief Engineer Date (or designee) EASTHAMPTON & NORTHAMPTON- MANHAN RAIL TRAIL CONSTRUCTION, STATION 1+18 TO GROVE STREET/EARLE STREET, INCLUDES BR# E-05-027, E-05-028, & N-19-001 Project Narrative On June 19th 2004, the Manhan Rail Trail in Easthampton MA was officially opened for recreational use. The Manhan Rail Trail is a 4.2 mile multi-use recreational path, stretching from South Street in Easthampton, MA to Mt. Tom Junction at the Route 5 Connecticut River boat launch, with a connecting on-road bike lane to downtown Northampton. Ultimately, the trail will link with the Norwottuck Trail which begins in Northampton to UMASS and Belchertown and to the Northampton Bike Path in Northampton to Williamsburg. MassHighway is proposing to construct a section of the bike path linking the Manhan Rail Trail in Easthampton to the Norwottuck Rail Trail in Northampton. This project involves a section of the bike path link along an existing abandoned railroad bed starting from just north of Ferry Street in Easthampton at the Manhan Rail Trail (Easthampton Link) (Station 1+18) to Grove Street/Earle Street (Station 41+39+/-) including BR #E-05-027=N-19-075; E-05-028 & N-19-001) which will be completed in June 2009. This section will complete the link between the Manhan Rail Trail in Easthampton to the Manhan Rail Trail in Northampton. This project involves a section of the bike path link along an existing abandoned railroad bed (National Grid Right-of-Way) starting from its link with the Manhan Trail in the Town of Easthampton north of Ferry Street (Sta. 1+18) and ending at the intersection of Grove Street and Earle Street (Station 41+39+/-) in Northampton, MA a distance of 4.21 km (2.62 mi). The bike path will be 3.0 meters wide with 0.6 meter graded grass shoulders in each direction with 0.3 meter to 0.6 meter offsets to bike rails at select locations where slopes warrant the rail. In other select areas the graded shoulder is eliminated on one side at a time and the slopes steepened to !:1.5 to reduce impacts on adjacent wetlands. The project includes the rehabilitation/reconstruction of the two existing railroad bridges (#E-05- 027=N-19-075; & E-05-028) as they cross the Manhan River and an unnamed brook for reuse as a bicycle/pedestrian bridges. The rehabilitation of the bridge over the Manhan River is limited to repointing the existing masonry pier and south stone abutment and wingwalls, installing two pre- fabricated steel truss span superstructures with timber decks and chain link fencing; Bridge E-05- 028 is a single span bridge with masonry abutments that will be repointed and the superstructure will be constructed using a timber deck, and timber pedestrian safety rails; Bridge N-19-001 will be a single span pre-fabricated truss bridge with timber deck and chain link fence spanning over Rt. 10 in the City of Northampton. The abutments will be constructed of cement concrete and supported on special fill retained by mechanically stabilized concrete wall elements which also form the approach wing walls. The project will include excavation, trail construction and paving with hot mix asphalt, bridge work, installation of safety railings, traffic signs and markings, installation of bollards, seeding unpaved graded areas, installation of erosion controls, and other appurtenances and incidental items as set forth in the proposal and required to complete the work. The trail will cross at-grade the following existing streets at O’Neill Street, Lovefield Street in Easthampton and Grove Street in Northampton. Disposal of treated wood products will also be handled and disposed of in accordance with the relevant Federal and State hazardous material laws and regulations. The rail trail will be aligned to come into the re-aligned intersection of Grove Street and Earle Street at the corners and be aligned with the back of the crosswalk ramps. The intersection re- alignment was part of MHD Project #604219. On August 17, 2006, the Northampton Conservation Commission issued an Order of Conditions for the project in accordance with the Massachusetts Wetlands Protection Act Regulations and the Northampton Wetlands Ordinance. This permit is valid thorugh August 17, 2009. The Northampton Conservation Commission is expected to issue an extension of this Order on March 12, 2009. A Notice of Intent has been filed with the Easthampton Conservation Commission for the project and they are expected to issue an Order of Conditions by March 13, 2009. Construction impacts will be avoided through the use of silt fencing and haybales, seeding unpaved graded areas and applications of water and calcium chloride during construction to minimize dust transmissions. The project will involve over one (1) acre of earth disturbance during construction and is subject to the National Pollution Discharge Elimination Systems permitting requirements. A Notice of Intent will be filed with the U.S. Environmental Protection Agency 48 hours prior to the start of construction and a Storm Water Pollution Prevention Plan will be prepared and kept on site in order to control the movement of sediment during construction. A determination from the Massachusetts Historical Commission was issued on May 18, 2004 stating that the project is unlikely to affect significant historic or archaeological resources protected under Section 106 of the of the National Historic Preservation Act of 1966, as amended (36 CFR 800) or MGL Chapter 9, Section 26-27c, as amended by Chapter 254 of the Acts of 1988 (950 CMR 71). The Massachusetts Executive Office of Energy and Environmental Affairs issued an Advisory Opinion on January 26, 2009 that the project does not require a MEPA filing. Survey for Right-of-Way has been completed and recorded at Hampshire County Plan Book 191, Page 91 to 102. Final taking is expected April 2, 2009 and a Right of Way Certificate will then be obtained from MassHighway. The project is located within a mapped Estimated Habitat of Rare Wildlife and Certified Vernal Pools and within a mapped area of Priority Habitat of Rare Species as indicated on the October 1, 2008 Natural Heritage and Endangered Species Program Map. The Massachusetts Natural Heritage and Endangered Species Program has been consulted and it has been determined that the nature of the proposed work will not impact rare, endangered or threatened species located within the project corridor. There are no 404 Army Corps of Engineers or Wetlands Protection Act regulated activities in water associated with this project. No wetlands will be filled or altered as part of this project. The Northampton Conservation Commission has determined that the area where work is shown within a wetlands flagged area is a drainage ditch and not a bordering vegetated wetland. As such, no wetlands mitigation has been required other than basic erosion control features. No Army Corps of Engineers permits nor water quality certificates are required because there is no work within waters of the United States or adjacent/nexus wetlands. EASTHAMPTON & NORTHAMPTON- MANHAN RAIL TRAIL CONSTRUCTION, STATION 1+18 TO GROVE STREET/EARLE STREET, INCLUDES BR# E-05-027, E-05-028, & N-19-001 CHECKLIST RESPONSES 1. Yes. The project does qualify as an automatic Categorical Exclusion, according to Regulation 23 CFR 771.117 (c) because the scope of the project is one of the activities listed in the regulations. Source: MassHighway MEPA/NEPA Unit. 2. Through 10. Section 4 skipped. Project is an Automatic Categorical Exclusion (CE) 11. No. The project does not involve the sale, transfer or lease of state owned land. Source: MassHighway MEPA/NEPA Unit. 12. No. This project does not have a determination of adverse effect by the Massachusetts Historic Preservation Officer. There are no significant impacts on properties protected by Section 106 of the National Historic Preservation Act. On May 18, 2005 in compliance with MGL Chapter 9, Section 26-27c, as amended by Chapter 254 of the Acts of 1988 (950 CMR 71) and Section 106 of the national Historic Preservation Act of 1966, as amended (36 CFR Part 800), the Massachusetts Historical Conservation Commission concurred with the City of Northampton’s determination that the proposed project would unlikely affect significant historic or archaeological resources. (Letter Attached). Source: MassHighway MEPA/NEPA Unit. 13. No. The project does not have a disproportionately high and adverse impact on minority or low- income populations. The project area is located within a designated minority or low-income populated area according to the 2000 U.S. Census. The project is an enhancement project involving the construction of a bicycle path within the confines of an abandoned railroad bed and the reconstruction of an existing intersection. There are no residential building takings associated with the project. Source: MassHighway MEPA/NEPA Unit. MassGIS Environmental Justice Population Data Layer. 14. No. The project is exempt from the Type I action requirements prompting the need for a noise assessment. Source: MassHighway MEPA/NEPA Unit. 15. No. The project does not require the preparation of an Individual Section 4(f) Evaluation. Source: MS Transportation. 16. No. The project does not require the use of properties protected by Section 6(f) of the Land and Water Conservation Act. There are no properties funded with Land and Water Conservation Funds within the project area. Source: MassHighway MEPA/NEPA Unit. United States Department of the Interior, National Park Service Land & Water Conservation Fund, Detailed Listing of Grants Grouped by County, 4/15/05. 17. The project does not involve activities in federal wetland resource areas requiring an Individual Army Corps Section 404 Permit. There are no direct impacts to federal wetlands or water resources. Source: MS Transportation Systems. 18. No. The project does not require a U.S. Coast Guard construction permit. The Manhan River is not navigable within the project limits. Source: MassHighway MEPA/NEPA Unit. 19. No. The project does not result in an average of greater than one-half an acre of permanent wetland impact per linear mile. There are no impacts to wetland resource areas associated with the project. Work will occur within the buffer zone of the Manhan River. An Order of Conditions in accordance with the Massachusetts Wetlands Protection Act and associated regulations was issued by the Northampton Conservation Commission on August 18, 2006 and by the Easthampton Conservation commission March, 2009. Erosion controls will be installed as necessary to avoid impacts to adjacent wetland resource areas. Netting will be used under the bridge during construction to prevent debris associated with the bridge work from falling into the river. Source: MS Transportation. 20. No. The project does not affect federally listed threatened or endangered species or critical habitat in Northampton. According to letters dated August 10, 2006 and January 4, 2008, a permit under the Massachusetts Endangered Species Act Regulations 321 CMR 10.04) will not be necessary for the proposed work and the project will not adversely affect the resource area habitat of state-protecte rare wildlife species. All issues relative to state listed endangered, threatened and critical concerned species have been addressed. Source: MS Transportation. 21. No. The project does not encroach on a regulatory floodway nor will it affect the base flood plain (100- year flood) elevations of any watercourse or lake. (FEMA Flood Insurance Rate Map, Town of Easthampton, Hampshire County, MA., Community Panel Number 250160-0010-B, Panel 10 of 20, Effective August 15, 1979. Source: MS Transportation. 22. No. The project limits are not adjacent to or within the boundaries of a National Wild and Scenic River System. Source: MassHighway MEPA/NEPA Unit 23. No. The project does not affect prime or unique farmland. There is no identified farmland within the project limits that would be impacted by the project. Source: MS Transportation. 24. No. The project does not involve work within or adjacent to a known Superfund Site. (New England EPA Superfund Site List at http://www.epa.gov/region1/superfund/index2.htm). The Massachusetts Highway Department’s Hazardous Materials Unit will review the plans for the potential of the contractor to encounter hazardous materials remains within the project limits and will suggest the inclusion of the appropriate special provisions concerning the handling and disposal of those materials in the contract document. Source: MassHighway MEPA/NEPA Unit. 25. No. The project does not involve any changes in access control. This project involves minor improvements to an existing intersection. Source: MS Transportation. 26. No. The project does not include the use of a temporary road, detour or ramp closure. The existing roadway will remain open during construction. Source: MS Transportation. Project Traffic Management Plans.