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Gulf Coast Ecosystem Restoration Council Categorical Exclusion Determination (National Oceanic and Atmospheric Administration)

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1
Gulf Coast Ecosystem Restoration Council
Categorical Exclusion Determination Form
This form is to be completed before the Gulf Coast Ecosystem Restoration Council (Council)
uses one or more Categorical Exclusions (CEs) to comply with the National Environmental
Policy Act (NEPA) for a specific action or group of actions, as appropriate. More information
on the Council’s NEPA compliance and use of CEs can be found in the Council’s NEPA
Procedures.
Proposed Action Title:
Proposed Action Location: (State, County/Parish)
Proposed Action Description:
Categorical Exclusion(s) Applied:
Beach Haven - Joint Stormwater & Wastewater Improvement Project - Phase II
(FL_RESTORE_001_004_Cat1)
Florida, Escambia County
Implementation -- This project activity includes the design, permitting of stormwater
treatment facilities and connection of septic tanks to new central sewer infrastructure.
Implementation of this project will reduce sediment and nutrient loadings to Bayou
Chico, reduce Biochemical Oxygen Demand, reduce total suspended solids, reduce
turbidity, increase water clarity, and improve light penetration for photosynthesis to
enable expansion of submerged aquatic vegetation and emergent marsh habitat.
Specific activities include construction of stormwater treatment facilities, and
wastewater improvements such as, septic tank removal and connection to central
sewer. The wastewater infrastructure component of the project includes construction of
approximately 6.4 miles of 8" gravity sewer main, 0.6 miles of 12” gravity main, and a
new pumping station. The new collection system would provide wastewater service to
approximately 760 properties. The stormwater treatment system will be constructed in
the area where existing man-made ditches discharge untreated stormwater into the
Jones Swamp area of Bayou Chico.
Pursuant to Section 4(d)(4) of the Council’s NEPA Procedures, the Council is using the
EPA CE for actions related to existing infrastructure systems ( 40 CFR 6.204(a)(1)(ii)).
2
Council Use of Member Categorical Exclusion(s)
If the Categorical Exclusion(s) was established by a Federal agency Council member, complete
the following. If not, leave this section blank and proceed to the segmentation section.
Member with Categorical Exclusion(s)
Has the member with CE(s) advised the Council in writing that use of the CE(s) would be
appropriate for the specific action under consideration by the Council, including consideration
of segmentation and extraordinary circumstances (as described below)?
Yes No
Seg
mentation
Has the proposed action been segmented to meet the definition of a Categorical Exclusion? (In
making this determination, the Council should
consider whether the action has independent
u
tility.)
Yes No
Extraordinary Circumstances
In considering whether to use a Categorical Exclusion for a given action, agencies must review
whether there may be extraordinary circumstances in which a normally excluded action may
have a significant environmental effect and, therefore, warrant further review pursuant to NEPA.
Guidance on the review of potential extraordinary circumstances can be found in Section 4(e) of
the Council’s NEPA Procedures. The potential extraordinary circumstances listed below are set
forth in the Council’s NEPA Procedures.
The Council, in cooperation with the sponsor of the activity, has considered the following
potential extraordinary circumstances, where applicable, and has made the following
determinations. (By checking the “No” box, the Council is indicating that the activity under
review would not result in the corresponding potential extraordinary circumstance.)
Yes No 1. Is there a reasonable likelihood of substantial scientific controversy
regarding the potential environmental impacts of the proposed action?
Yes No 2. Are there Tribal concerns with actions that impact Tribal lands or resources
that are sufficient to constitute an extraordinary circumstance?
Yes No 3. Is there a reasonable likelihood of adversely affecting environmentally
sensitive resources? Environmentally sensitive resources include but are not
limited to:
✔
✔
✔
✔
✔
U.S. Environmental Protection Agency
3
a. Species that are federally listed or proposed for listing as threatened
or endangered, or their proposed or designated critical habitats; and
b. Properties listed or eligible for listing on the National Register of
Historic Places.
Yes No 4. Is there a reasonable likelihood of impacts that are highly uncertain or
involve unknown risks or is there a substantial scientific controversy over
the effects?
Yes No 5. Is there a reasonable likelihood of air pollution at levels of concern or
otherwise requiring a formal conformity determination under the Clean Air
Act?
Yes No 6. Is there a reasonable likelihood of a disproportionately high and adverse
effect on low income or minority populations (see Executive Order 12898)?
Yes No 7. Is there a reasonable likelihood of contributing to the introduction or
spread of noxious weeds or non-native invasive species or actions that may
promote the introduction, or spread of such species (see Federal Noxious
Weed Control Act and Executive Order 13112)?
.
Yes No 8. Is there a reasonable likelihood of a release of petroleum, oils, or
lubricants (except from a properly functioning engine or vehicle) or
reportable releases of hazardous or toxic substances as specified in 40 CFR
part 302 (Designation, Reportable Quantities, and Notification); or where the
proposed action results in the requirement to develop or amend a Spill
Prevention, Control, or Countermeasures Plan in accordance with the Oil
Pollution Prevention regulation?
Supplemental Information
Where appropriate, the following table should be used to provide additional information
regarding the review of potential extraordinary circumstances and compliance with other
applicable laws. The purpose of this table is to ensure that there is adequate information for
specific findings regarding potential extraordinary circumstances.
Supplemental information and documentation is not needed for each individual finding regarding
the potential extraordinary circumstances listed above. Specifically, the nature of an activity
under review may be such that a reasonable person could conclude that there is a very low
potential for a particular type of extraordinary circumstance to exist. For example, it would be
reasonable to conclude that the simple act of acquiring land for conservation purposes (where
✔
✔
✔
✔
✔
4
there are no other associated actions) does not present a reasonable likelihood of a release of
petroleum, oils, lubricants, or hazardous or toxic substances.
For some types of activities, no supplemental information may be needed to support a finding
that there are no extraordinary circumstances. For example, where the activity under review is
solely planning (with no associated implementation activity), it may be reasonable to conclude
that none of the extraordinary circumstances listed above would apply. In such cases, the table
below would be left blank.
In other cases, it may be appropriate to include supplemental information to ensure that there
is an adequate basis for a finding regarding a particular extraordinary circumstance. For
example, it might be appropriate in some cases to document coordination and/or consultation
with the appropriate agency regarding compliance with a potentially applicable law (such as
the Endangered Species Act). In those cases, the table below should be used to provide the
supplemental information.
Agency or
Authority
Consulted
Representative:
Name, Office &
Phone
Date of
Consultation
Notes: Topic discussed, relevant
details, and conclusions. (This can
include reference to other information
on file and/or attached for the given
action.)
Additional supplemental information may be attached, as appropriate. Indicate below whether
additional supplemental information is attached.
Additional Information Attached: Yes No
If “Yes”, indicate the subject:
U.S. FWS
Panama City Field
Office
8-5-15
ESA Letter ("not likely to adversely
affect")
EPA NEPA Review Form (8-3-15) and FWS ESA Letter (8-5-15)
✔
Page1of7
Beach Haven – Joint Stormwater & Wastewater Improvement Project
A brief description of the proposed action
The project includes construction of stormwater treatment facilities, wastewater collection
system components, and the phase-out of septic tanks through the connection of residences to
new central sewer infrastructure within the Bayou Chico watershed of Pensacola Bay. The
Bayou Chico watershed is located in the southern coastal region of Escambia County, just east of
Blue Angel Parkway and north of Bayou Grande (see Beach Haven Map 1).
It has a 10.36-square-mile drainage basin and a water surface area of approximately 0.39 square
miles. Most lands surrounding Bayou Chico are urbanized and consist of well-established
residential subdivisions, and industrial and commercial uses. The specific area where the
stormwater improvements and septic tanks conversions will occur is the Beach Haven
Subdivision Phase 1 and 2 areas shown on Beach Haven Map 1. RESTORE funds will be used
for septic tank conversions in both the Phase I and II areas, and for stormwater improvements in
the Phase II area. A National Fish and Wildlife grant will be used to install the stormwater
improvements in the Phase I area. The wastewater infrastructure component of the project
includes construction of approximately 6.4 miles of 8" gravity sewer main, 0.6 miles of 12”
gravity main, and one lift station along with approximately 0.3 miles of 8” force main. The new
collection system will provide wastewater service to approximately 760 properties. The entire
project area lies in the service area of the Emerald Coast Utilities Authority existing Central
Water Reclamation Facility (CWRF) located at 2980 Old Chemstrand Road in Cantonment,
Florida, which provides reclaimed water to two industrial reuse partners. One hundred percent
of the wastewater flows from the project area, estimated at approximately 228,000 GPD, will be
processed at the CWRF, from which ECUA will provide the reclaimed water to its industrial
reuse partners.
Both the RESTORE and NFWF stormwater improvements include the installation of seven wet
detention ponds along the northern boundary of the Phase I area, a conversion of a ditch into a
linear wet detention pond along the northern boundary of the Phase II area, and the installation of
curb and gutter systems throughout the Phase I and II areas to collect the stormwater from the
subdivision roads and route them to the new ponds.
Financial assistance is available for property owners to connect to the sewer system. The
Escambia County Community Redevelopment Agency (CRA) has a matching 50%
reimbursement grant that is available to all properties in the Warrington Community
Redevelopment Area. Property owners who are income-constrained and cannot afford to
connect to the sewer system may apply through Escambia County’s Neighborhood Enterprise
Division for income-based assistance. The ECUA, which is the sewer service provider, waives
the sewer capacity impact fee (currently approximately $1,600) when connection to the sewer
system occurs within 365 days of the issuance of Notification of Sewer Availability. This impact
fee waiver policy serves to encourage connection to the new central sewer system. The CRA
Page2of7
also has committed an additional $215,000 to the proposed Beach Haven Project. The County
Water Quality and Land Management Division has recently received a USEPA 319 Grant to
contribute $750,000 toward new stormwater treatment in Beach Haven. Escambia County
Neighborhood Enterprise has committed $318,000 from Community Development Block Grant
funds in addition to already funding $300,000 for the preliminary project design. In addition,
ECUA has made extensive investments in its Sewer Expansion Program projects within the
Bayou Chico watershed. Since 2001, the ECUA has provided approximately $7.8 million in
funding through its Capital Improvement Program for sewer expansion projects in the Bayou
Chico basin, extending sewer to over 1,750 properties that were previously served by septic
tanks. The subject project will reduce sediment and nutrient loadings to Bayou Chico, reduce
BOD, reduce TSS, reduce turbidity, increase water clarity, and improve light penetration for
photosynthesis to enable expansion of SAV and emergent marsh habitat. Additional benefits
include reduction in bacteria and nutrients to assist in achievement of the TMDLs established for
the Bayou. Expected pollutant load reductions include 1,206 pounds of nitrogen, 315 pounds of
phosphorus, 7,082 pounds of BOD, and 28,683 pounds of sediment on an annual average basis.
A statement identifying the categorical exclusion that applies to the action
The categorical exclusion that applies is 40 CFR 6.204(a)(1)(ii), which provides
(ii) Actions relating to existing infrastructure systems (such as sewer systems; drinking
water supply systems; and stormwater systems, including combined sewer overflow
systems) that involve minor upgrading, or minor expansion of system capacity or
rehabilitation (including functional replacement) of the existing system and system
components (such as the sewer collection network and treatment system; the system to
collect, treat, store and distribute drinking water; and stormwater systems, including
combined sewer overflow systems) or construction of new minor ancillary facilities
adjacent to or on the same property as existing facilities. This category does not include
actions that: involve new or relocated discharges to surface or ground water; will likely
result in the substantial increase in the volume or the loading of pollutant to the receiving
water; will provide capacity to serve a population 30% greater than the existing
population; are not supported by the state, or other regional growth plan or strategy;
This project involves providing stormwater treatment to areas within an existing residential
subdivision, along with construction of wastewater collection system infrastructure within the
same subdivision to enable residences to phase out septic tanks and connect to the central sewer
collection system.
The stormwater improvement components of the RESTORE and NFWF projects involve the
construction of seven wet detention ponds along the northern boundary of the Phase I area and a
conversion of a ditch into a linear wet detention pond along the northern boundary of the Phase
II area. Currently stormwater collects in the roadways and flows generally northward in both the
Phase I and II areas into ditches that discharge into Jones Swamp along the northern boundary of
Page3of7
the Phase I area. The wet detention ponds will provide treatment of the stormwater to reduce
sediments, nitrogen, and phosphorus. In addition the ponds will attenuate peak stormwater run-
off rate of flows. Curb and gutters systems will be installed to replace the roadside ditches that
border many of the roads in the subdivision. While there may be a small increase in stormwater
volume over a rainfall event with installation of a curb and gutter system (the current roadside
ditches may infiltrate small volumes of stormwater run-off), installation of a wet detention pond
system will decrease peak rates of stormwater run-off and reduce pollutant loadings. The
stormwater ponds will be constructed in the area where existing man-made ditches discharge
stormwater into Jones Swamp from the Phase I and II areas. The curb and gutter systems will be
constructed in road rights of way and the stormwater ponds will be constructed on County owned
property. (For a plan view stormwater system improvements see Beach Haven Map 6. Cross
sections and details can be found in Beach Haven Maps 2-5).
The wastewater infrastructure component of the RESTORE project includes construction of
approximately 6.4 miles of 8" gravity sewer main, 0.6 miles of 12” gravity main, and a new
pumping station. The new collection system will provide wastewater service to approximately
760 properties. The gravity sewer mains will be constructed in existing road rights of way, and
the pumping station will be constructed on County owned property. (See Beach Haven Maps 2-
5). All the wastewater flows from the project area, estimated at approximately 228,000 GPD,
will be processed at the CWRF, from which ECUA will provide the reclaimed water to its
industrial reuse partners. The current capacity of the CWRF is 22.5 MGD. It does not involve an
expansion of the treatment system capacity of the ECUA treatment plants. Furthermore, it does
not involve a new or relocation of the ECUA treatment plant discharges. The project will not
result in the substantial increase in the volume or the loading of pollutant to Bayou Chico, and is
actually expected to reduce pollutant loadings as discussed above. The project will not provide
capacity to serve a population 30% greater than the existing population, as no expansion of
ECUA wastewater treatment capacity is proposed. The wastewater flows from the project area
represent about 1% of the CWRF treatment capacity.
The project does not directly or indirectly involve or relate to upgrading or extending
infrastructure systems primarily for the purposes of future development, as the project will allow
the phase-out of existing septic tanks and provide stormwater treatment to a subdivision that has
been in existence since the 1950s. The project supports both local and state plans for Bayou
Chico, specifically the Florida Department of Environmental Protection’s Bayou Chico
Watershed Basin Management Action Plan (BMAP). The BMAP identifies dozens of actions to
restore the six impaired waterbody segments in the Bayou Chico watershed, including sanitary
sewer expansion, stormwater improvements, pet waste ordinance adoption, septic tank
inspections and testing, neighborhood clean-sweep programs, barge and derelict vessel removals,
Clean Marina and Boatyard Program implementation, and Bayou Chico channel dredging to
improve flushing.
A statement explaining why no extraordinary circumstances apply to the proposed action
Page4of7
(1) The proposed action is known or expected to have potentially significant environmental
impacts on the quality of the human environment either individually or cumulatively over
time.
The project is expected to have a positive environmental impact as it will reduce the current
discharge of untreated stormwater and septic tank effluent into Bayou Chico thereby improving
the water quality and recreational uses of Bayou Chico.
(2) The proposed action is known or expected to have disproportionately high and adverse
human health or environmental effects on any community, including minority
communities, low income communities, or federally-recognized Indian tribal communities.
The project will not disproportionately impact any community. The project is expected to have
positive environmental effects through pollutant load reductions into Bayou Chico, and positive
health effects as it will assist in meeting the Total Maximum Daily Loads (TMDLs) restoration
targets for bacteria. Certain areas of Bayou Chico do not currently meet the health based
bacteriological water quality criteria. To lessen the economic impact to residents for
connections to central sewer, the Escambia County CRA and Neighborhood Enterprise Division
have programs to pay a 50:50 match for septic tank removal and sewer connection or pay 100%
of those costs for low income residents. The ECUA, which is the sewer service provider, waives
the sewer capacity impact fee (currently approximately $1,600) when connection to the sewer
system occurs within 365 days of the issuance of Notification of Sewer Availability. The Beach
Haven subdivision is within the Warrington Community Redevelopment Area (WCRA).
Minorities make up over 40% of the population within the WCRA. Over 50% of the households
with the WCRA have annual incomes of less than $35,000. (See attachment - Warrington CRA
approximated.pdf)
(3) The proposed action is known or expected to significantly affect federally listed
threatened or endangered species or their critical habitat.
This project will have no effect on endangered species, therefore no significant impact on this
natural resource. This is based upon (a) the statement in the USFWS IPac Report that there is
no listed critical habitat in the work area; (b) construction of the wastewater and stormwater
collection systems will occur within disturbed, inhabited, urbanized, developed areas (existing
road ROW) in Beach Haven subdivision; (c) construction will not occur in any marine or
estuarine areas which could contain the listed fish, marine mammals, sea turtles, or mollusks;
and (d) habitats of the non-marine E/T species are along intertidal areas and tidal pools (Red
Knot), in cypress swamps and marshes (Wood Stork), within mature pine forests (Red Cockaded
Woodpecker), or located in South Florida(Eastern Indigo Snake), so they will not be found
within the project area.
Page5of7
(4) The proposed action is known or expected to significantly affect national natural
landmarks or any property with nationally significant historic, architectural, prehistoric,
archaeological, or cultural value, including but not limited to, property listed on or eligible
for the National Register of Historic Places.
Lisa Robertson (Florida DEP) spoke with Vincent “Chip” Birdsong, the GIS Supervisor in
Florida’s State Historic Preservation Office on July 30
th
to determine if any cultural or historic
sites are located within the project area. Their review indicated only one historic structure, circa
1920, is located within the Beach Haven project location; however as all of the work in the
vicinity of the historic structure will occur in the existing road right-of way there will be no
effect to this historic structure. Aside from this one structure there are no national natural
landmarks or property with nationally significant historic, architectural, prehistoric,
archaeological, or cultural value, including but not limited to, property listed on or eligible for
the National Register of Historic Places exist within the Beach Haven subdivision. Again most
proposed construction work will occur within the right-of-way of existing roads.
(5) The proposed action is known or expected to significantly affect environmentally
important natural resource areas such as wetlands, floodplains, significant agricultural
lands, aquifer recharge zones, coastal zones, barrier islands, wild and scenic rivers, and
significant fish or wildlife habitat.
No significant agricultural lands, wild and scenic rivers, and significant fish or wildlife habitat
exist within the Beach Haven subdivision. Most construction work will occur within the right-of-
way of existing roads. Should any wetlands exist in the project area, ECUA will be required to
obtain State and Federal permits for any such impacts. The permitting process will require
avoidance and minimization of impacts, along with mitigation on any unavoidable wetland
impacts. As the sewer collection pipes will be buried, any impacts to floodplains would not be
significant. The stormwater management facilities will be located out of floodplains where
practicable. State rules further require providing compensatory floodplain storage for projects
located in the 100 –year floodplain.
(6) The proposed action is known or expected to cause significant adverse air quality
effects.
While there will be minor additional electric needs associated for the sewer collection system,
such as running of pump(s) at the new pumping station, the air impacts associated with this
increased power use are considered negligible. During construction there will exhaust emissions
from trucks, bulldozers, backhoes, etc., but these air emissions are expected to be de minimus. In
addition there can be dust generated during earth moving or ground disturbing activities. Dust
generation will be minimized through use of best management practices such as wetting of soils
and use of covers on trucks hauling dirt.
Page6of7
(7) The proposed action is known or expected to have a significant effect on the pattern and
type of land use (industrial, commercial, agricultural, recreational, residential) or growth
and distribution of population including altering the character of existing residential areas,
or may not be consistent with state or local government, or federally- recognized Indian
tribe approved land use plans or federal land management plans.
The project does not involve an expansion of wastewater treatment plant capacity. The project is
located in a built out subdivision that has been in existence since the 1950s. Therefore the
project is not expected to result in changes in the patterns and types of land use in Southern
Escambia County or growth and distribution of populations. The project is consistent with the
Florida Department of Environmental Protection’s Bayou Chico Watershed BMAP.
(8) The proposed action is known or expected to cause significant public controversy about
a potential environmental impact of the proposed action.
The project is not expected to cause significant public controversy about a potential
environmental impact of the proposed action. The project supports the Bayou Chico Watershed
BMAP, a collaborative effort by Escambia County, Pensacola, ECUA, Florida Department of
Transportation, Bayou Chico Association, U.S. Naval Air Station, the University of West
Florida, the Bay Area Resources Council, and the Northwest Florida Water Management
District. The BMAP identifies dozens of actions to restore the six impaired waterbody segments
in the Bayou Chico watershed, including sanitary sewer expansion, stormwater improvements,
pet waste ordinance adoption, septic tank inspections and testing, neighborhood clean-sweep
programs, barge and derelict vessel removals, Clean Marina and Boatyard Program
implementation, and Bayou Chico channel dredging to improve flushing. To date, Bayou Chico
stakeholders have completed 52 projects at an estimated cost of $25 million. Therefore is
expected public stakeholders will be supportive of the positive environmental impacts that will
result from implementation of the project.
(9) The proposed action is known or expected to be associated with providing funding to a
federal agency through an interagency agreement for a project that is known or expected
to have potentially significant environmental impacts.
The project does not provide providing funding to a federal agency. It would provide funding to
the Emerald Coast Utilities Authority, which is an independent special district unit of local
government.
(10) The proposed action is known or expected to conflict with federal, state or local
government, or federally-recognized Indian tribe environmental, resource-protection, or
land-use laws or regulations.
The project is not expected to conflict with federal, state or local government, or federally-
recognized Indian tribe environmental, resource-protection, or land-use laws or regulations. The
project supports the Bayou Chico Watershed BMAP, a collaborative effort by Escambia County,
Page7of7
Pensacola, ECUA, Florida Department of Transportation, Bayou Chico Association, U.S. Naval
Air Station, the University of West Florida, the Bay Area Resources Council, and the Northwest
Florida Water Management District. The BMAP identifies dozens of actions to restore the six
impaired waterbody segments in the Bayou Chico watershed, including sanitary sewer
expansion, stormwater improvements, pet waste ordinance adoption, septic tank inspections and
testing, neighborhood clean-sweep programs, barge and derelict vessel removals, Clean Marina
and Boatyard Program implementation, and Bayou Chico channel dredging to improve flushing.
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Gulf Coast Ecosystem Restoration Council Categorical Exclusion Determination (National Oceanic and Atmospheric Administration)

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Completed 10 August 2020

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