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Kelly, Shaheerah Kelly, Shaheerah From: Kelly, Shaheerah Sent: Wednesday, July 22, 2020 1:27 PM To: Chad Smith; Harrilene Yazzie Cc: Nystedt, John; Kelly, Shaheerah; Tressia Contreras Subject: FW: ESA Compliance for Window Rock Airport Project Attachments: FNF Construction CBP GP Application 6-15-2020.pdf; Maps for Window Rock Airport.pdf; Categorical Exclusion of Airport Projects.pdf; FNF Construction FWS Correspondence 3-19-2018.pdf Please see the message below. Thank you. From: Kelly, Shaheerah Sent: Wednesday, July 22, 2020 12:34 PM To: Nystedt, John <john_nystedt@fws.gov>; Sonja Detsoi <SDetsoi@NNDFW.org>; Pam Kyselka <PKyselka@NNDFW.org>; Nora Talkington <NTalkington@NNDFW.org>; Leanna Begay <LBegay@NNDFW.org> Cc: Hedwall, Shaula <shaula_hedwall@fws.gov>; Tressia Contreras <Tressia@fnfinc.com>; Kelly, Shaheerah <Kelly.Shaheerah@epa.gov> Subject: ESA Compliance for Window Rock Airport Project Good Afternoon, The Environmental Protection Agency, Region 9 Office, received an application for the temporary operation of a small concrete batch plant project at the Window Rock Airport in Apache County, Arizona, located on the Navajo Nation tribal land. The EPA granted approval for Phase I of this project on April 18, 2018 for a period of 30 days. Phase I included a cement production of 8,200 cubic yards per year. The applicant, FNF Construction, Inc., is requesting approval for Phase II of this project for a period of 45 days. Phase II of this project includes a cement production of 7,000 cubic yards per year. All project activities, including equipment staging, will be limited to existing paved surfaces within the subject parcel. There will be no surface disturbance of previously undisturbed ground associated with the construction of the project. Based on a review of the information provided to us, no known species or critical habitats are known to exist within the site for the operation since it would occur on existing airport property, on existing pavement, and on graded runway safety areas. Therefore, we still believe that the project would have “No Effect” on federally listed threatened or endangered, or result in the destruction or adverse modification of any federally designated critical habitat. Attached are the following documents: 1. A copy of the application dated June 15, 2020 2. USFWS list of endangered and threatened species dated March 18, 2020 3. Maps of the boundaries of the project location at the Window Rock Airport 4. Categorical Exclusion of Airport Projects Please let me know whether you have any concerns about this by Monday, July 27, 2020. I look forward to your response. Feel free to contact me if you have any questions. 1 ************************************ Shaheerah Kelly Permits Office, Air Division (AIR-3-1) U.S. Environmental Protection Agency, Region 9 San Francisco, CA 94105 Phone: 415-947-4156 Fax: 415-947-3579 Email: kelly.shaheerah@epa.gov From: Nystedt, John <john_nystedt@fws.gov> Sent: Wednesday, April 18, 2018 12:39 PM To: Kelly, Shaheerah <Kelly.Shaheerah@epa.gov> Cc: Pam Kyselka <pkyselka@nndfw.org>; Chad Smith <csmith@nndfw.org>; Nora Talkington <ntalkington@nndfw.org>; Harrilene Yazzie <harrilene.yazzie@bia.gov> Subject: Re: [EXTERNAL] No Effect Determination for Window Rock Airport Project Kelly, Thank you for your April 16, 2018, email. This email documents our response regarding the subject project, in compliance with section 7 of the Endangered Species Act of 1973 (ESA) as amended (16 U.S.C. 1531 et seq.). Based on the information you provided, we believe no endangered or threatened species or critical habitat will be affected by this project; nor is this project likely to jeopardize the continued existence of any proposed species or adversely modify any proposed critical habitat. No further review is required for this project at this time. Should project plans change or if new information on the distribution of listed or proposed species becomes available, this determination may need to be reconsidered. In all future communication on this project, please refer to consultation number 02EAAZ00-2015-TA-0686. In keeping with our trust responsibilities to American Indian Tribes, by copy of this email, we will notify the Navajo Nation, which may be affected by the proposed action and encourage you to invite the Bureau of Indian Affairs to participate in the review of your proposed action. Should you require further assistance or if you have any questions, please contact me as indicated below, or my supervisor, Brenda Smith, at 556-2157. Thank you for your continued efforts to conserve endangered species. .∙∙..∙∙..∙∙..∙∙...∙∙..∙∙..∙∙..∙∙..∙∙..∙∙..∙∙..∙∙..∙∙...∙∙..∙∙..∙∙..∙∙..∙∙. Fish and Wildlife Biologist/AESO Tribal Coordinator USFWS AZ Ecological Services Office ‐ Flagstaff Suboffice Southwest Forest Science Complex, 2500 S Pine Knoll Dr, Rm 232 Flagstaff, AZ 86001‐6381 (928) 556‐2160 Fax‐2121 Cell:(602) 478‐3797 http://www.fws.gov/southwest/es/arizona/ On Mon, Apr 16, 2018 at 2:28 PM, Kelly, Shaheerah <Kelly.Shaheerah@epa.gov> wrote: Good Afternoon John, I am working on a federal action for the Window Rock Airport. The federal action is to issue a permit to allow the operation of a small concrete batch plant that will be used to reconstruct the existing Runway 2‐20 (7,000 feet by 75 feet). Attached are the relevant maps and application documents. 2 Below is a list of species in the area that was provided to us, and also attached is the letter from the U.S. Fish and Wildlife Service providing these species. List of Threatened, Endangered, or Candidate Species Type Name Status Proposed Mammal Gray Wolf (Canis lupus) Experimental Population Non‐Essential Mexican Spotted Owl (Strix occidentalis lucida) Birds Threatened Yellow‐Billed Cuckoo (Coccyzus americanus) Northern Mexican Gartnersnake (Thamnophis eques Reptiles Threatened megalops) Fishes Zuni Bluehead Sucker (Catostomus Dicobolus Yarrowi) Endangered Flowering Plants Zuni Fleabane (Erigeron Rhizomatus) Threatened Critical Habitats None ‐‐ Based on a review of the information provided to us, although the potential for the named species to occur in the vicinity of the proposed Project exists, no known species or critical habitats are known to exist within site for the proposed operation since it would occur on existing airport property on existing pavement and graded runway safety areas. Therefore, the proposed project would have “no effect” on federally listed threatened or endangered, or result in the destruction or adverse modification of any federally designated critical habitat. Please let me know whether you concur with this determination. I look forward to your response. Thanks. ************************************ Shaheerah Kelly Permits Office, Air Division (AIR-3) U.S. Environmental Protection Agency, Region 9 San Francisco, CA 94105 Phone: 415-947-4156 Fax: 415-947-3579 Email: kelly.shaheerah@epa.gov 3 I AJo Ast Ber 81st Ca '\ Ch c.oc. ClH Co Co Do Dul Fla Flo Fre u Gilt GIE GI< Grc Ho Ho Kin Lal L~ Me Mic No Pa! Pal PCJI Pre Sal St. Se1 Sht Sle Sp Su1 Ter Tor Tut Tue ..... ~ INTeRST... TEFICUTES Wit -@-- u.s.ROUTES -@-- STATEFICUTES WII OOPOP. ---@- IND!AN RDUT£B ,..,,,. l WII ...... ---• --- INTEAJIIATIONALBDLINDAFIY C Wh )OPOP. ------- STAlE&OUt,IOARV 0 aTn.EM&:NT COUNTY BCUNDARY Wil METflCPOUTAN AREAS 10 5 0 lD ZI 31! 4D lllllbn.., C wwo1gltol • phoenix, az Yu1 ~ f. , r This photo shows that the Window Rock Airport has utilized this plant staging area since 2003. The site is covered with recycled asphalt millings. Plant operations will remain within this previously disturbed area. EXTRAORDINARY CIRCUMSTANCES EVALUATION INFORMATION SUBMITTAL FOR CATEGORICAL EXCLUSION OF AIRPORT PROJECTS I. INTRODUCTION: The FAA must comply with the National Environmental Policy Act (NEPA) for all proposed airport development projects that require a federal action. Categorical Exclusions for various actions are defined in Federal Aviation Administration (FAA) Order 1050.1 E, Environmental Impacts: Policies and Procedures." The FAA is seeking information from the airport sponsor to be able to determine whether the sponsor's proposed airport development project can be categorically excluded from the NEPA requirement to conduct a formal Environmental Assessment (EA) or Environmental Impact Statement (EIS). Note an action on the categorically excluded list is not automatically exempted from environmental review under NEPA. FAA must determine if any extraordinary circumstances apply to the proposed project. The intent for this information is to informally document the agency's categorical exclusion determination. The need for this information is based upon the guidance in paragraphs 304 and 305 of Order 1050.1E see: http://www.faa.gov/regulations_policies/orders_notices/media/ALL 1050-1Epdf. II. APPLICABILITY: Sponsors are not asked to submit information described below for equipment and vehicle purchases (i.e. Aircraft Rescue and Fire Fighting; snow removal equipment; security equipment such as computers, scanners, etc.); Runway/taxiway edge lighting and other electrical items such as regulators, control panels, etc.; Master Plans, Part 150 Studies, feasibility studies, and environmental disclosure documents, etc. Ill. DIRECTIONS: The airport sponsor is to submit narrative responses to the questions in Section V below and provide supporting documentation to ensure the FAA can determine that no extraordinary circumstances exist. Sponsors are to submit this information only for proposed projects where they anticipate federal funding assistance within the
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