Package:	34521	District:	05	SR/Sec:	0309/14M	Type:	CE 1b Reevaluation	Project:	PA 309 Resurface
MPMS:	102312	County:	Lehigh			Status:	Approved	FPN:	N/A

Package Document

Related Packages: 18970 (Scoping - Approved 10/16/15) | 22097 (Eval - Approved 07/14/20)

Funding

Federal Funding?

Yes

Federal Oversight?

Federal Oversight Agreement (June 2015)

Type

Is this project being documented as an emergency project?

Yes

Phase:

Reevaluation


	Classification:	Categorical Exclusion (Class II) Categorical Exclusion (Class II)


	CE Level:	1b 1b
		Other
	CE Action:	01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Other 04 05 06 07 08 09 10 11 12 13 14 Other


Reevaluation Reason:	Change in scope, impacts and/or mitigation. Three or more years since major authorization or phase change. Other:

Summary of Reevaluation Changes by Document

Part A: General Project Identification and Description

Since the approval of the evaluation in July 2020, the Design Plan attachment has been updated with the current design and the Project Description has been updated with the following work added: an existing box culvert will be extended and a new retaining wall will be constructed to accommodate roadway widening (at Orefield/Kernsville Road and S.R. 0309). Three stormwater facilities will be constructed to manage stormwater rate and volume increases.

Involvement with railroads has been updated to reflect that railroad impacts have been avoided.

Part A: Engineering Information

Since the approval of the evaluation in July 2020, the Design Criteria were updated with current data. The detour plans have been updated and attached. The S.R. 0309 and Kernsville/Orefield Road detour plan has been revised, and a weekend detour for an overlay on the Jordan Creek bridge has been added, as well as a detour at the intersection of S.R. 0309 and Church Road.

Part B: Section A-1

Since the approval of the evaluation in July 2020, temporary stream impacts have been reduced from 0.0183 ac to 0 ac. Permanent wetland impacts have changed. Impacts to Wetland W6, a PEM wetland, have been reduced from 0.0074 ac to 0.0001 ac. There will be impacts to an additional wetland (delineated in an additional delineation in 2022), Wetland W1A, a PEM wetland, at 0.30 ac.

Since the approval of the evaluation in July 2020, floodplain impact text has been updated to include impact numbers: 1.27 acre of permanent impact and 0.34 acre of temporary impact.

Part B: Section A-2

Since the approval of the evaluation in July 2020, impacts to agricultural resources have been updated. There are now impacts to two parcels compared to 0.05 acre to one parcel. The impacts have been revised to 0.42 ac of permanent impact to the John Johnson et al parcel and 0.56 ac of permanent impact and 0.05 ac of temporary impact to the Theodore and Lynn Lopsonzski parcel, for a total of 0.98 ac of permanent impact and 0.05 ac of temporary impact to actively farmed parcels.

The Vegetation Section has been updated to reflect the agricultural impacts.

Two additional addendums to the Phase I ESA were conducted, documenting an additional sensitive waste site that was categorized as "No Further Action at This Time."

Part B: Section A-3

Since the approval of the evaluation in July 2020, the PNDI was updated most recently on April 16, 2024. The PNDI indicated that the project is in the vicinity of the northern long-eared bat spring staging/fall swarming habitat. The PNDI listed an Avoidance Measure: To ensure take is not reasonably certain to occur, conduct tree removal from May 15 to August 15.

Coordination with USFWS regarding the Bog Turtle was updated and a concurrence letter from USFWS was received on July 13, 2022. The letter stated that the project is not likely to adversely affect the bog turtle.

Coordination with DCNR regarding species of special concern was updated and DCNR concurred with the habitat evaluation that no habitat for the species of concern occurs in the project area in a letter dated March 15, 2022. The updated DCNR concurrence letter included recommended voluntary actions for the project.

Part B: Section A-4

Since the approval of the evaluation in July 2020, a Phase I Archaeological Survey Addendum was conducted for proposed stormwater basin areas. According to the Addendum Report, dated March 14, 2023, no archaeological sites were identified, and no additional work is recommended within the study areas, as presently designed.

Since the approval of the evaluation in July 2020, PennDOT reevaluated Section 106 effects to consider a stormwater basin's impacts on cultural resources. PennDOT determined the stormwater basin will not change the effects to any resources present. The project continues to have No Adverse Effect to Historic Properties. A revised Finding was posted on Project Path on May 10, 2023.

Part B: Section A-5

Since the approval of the evaluation in July 2020, PennDOT reevaluated Section 106 effects to consider a stormwater basin's impacts on cultural resources, including the ADAM GOOD FARMSTEAD (Key No. 211343), a 4(f) resource, and PennDOT determined the stormwater basin will not change the effects to any resources present.

Part B: Section A-7

Since the approval of the evaluation in July 2020, the Right-of-Way Acquisitions or Displacements of People, Businesses, of Farms section was updated. There will continue to be no total takes; however partial takes have changed from 24 to 28 and TCE has changed from 13 to 21. An updated Property Acquisitions Table and a Conceptual Design Survey Report have been attached.

Part B: Section C

Since the approval of the evaluation in July 2020, a public meeting was held on August 8, 2023.

Part B: Section D

Since the approval of the evaluation in July 2020, a Pre-Application meeting was held with PADEP and the Lehigh County Conservation District on Oct. 30, 2020. This meeting confirmed the project will be permitted under a Individual/Joint Permit.

Part B: Section E

Since the approval of the evaluation in July 2020 the following items have been updated: - Section 1. Specific Permanent Impacts have been updated to reflect the updated stream and wetland impacts at 482.2 linear feet and 0.031 acres, respectively. The in-stream work restriction for PFBC Stocked Trout Streams has been added to Section 2. Specific Mitigation Commitments. - For Section 3. Other Mitigation Commitments: ---the following E&S commitment was added: “Antidegradation Best Available Combination of Technologies (ABACT) will be utilized due to the presence of HQ streams.” ---T&E - the Avoidance Measure for the Northern Long-Eared Bat was added - no tree removal will occur between from May 15 to August 15 ---T&E a reference to the DCNR recommended voluntary actions, per their concurrence letter dated March 15, 2022, has been added.

Confirmation of Reevaluation Classification and Level

Upon reevaluation, as supported by the attached documentation, this project qualifies as a CE Level 1b.

Projects

	PDOT Project Manager:	Megan M Fallon

	Federal Project Number:	N/A

MPMS Projects
Lead?	Status/Title	District/County	SR/Sec	Description
102312	Active / PA 309 Resurface	05 / Lehigh	0309 / 14M	PA 309 from Walbert Avenue to Shankweiler Road; PA 309 and SR 4003 (Orefield Road) North & South Whitehall Townships; Lehigh County; Roadway Resurface and intersection reconstruction;

*The last time MPMS data was added or refreshed was on Monday, 05 August 2024 07:51 AM.

Project Funding & Fiscal Constraint
MPMS	FD $	ROW $	UTL $	CON $	TIP	LRTP Date
102312	586,901	153,900	250,000	2,148,100 9,785,000	FFY 2023 Lehigh Valley TIP FFY 2025 Lehigh Valley TIP
For federally funded projects where the construction phase (and if needed, ROW and/or utilities phases) is not programmed on the current TIP, remarks provide a detailed reference to the current LRTP identifying full funding for the project. "LRTP Date" is the date of the last adopted Long Range Transportation Plan. Refer to May 2017 FHWA "Memorandum Clarifying Fiscal Constraint." See the help files for more detailed information.

Editors

Names & Groups:

Brad A Newhard/PennDOT BP-000116
Brad D Barndt/PennDOT BP-000056
Brad D Barndt/PennDOT BP-000116
Catherine Chia Calabria/PennDOT BP-000053
Catherine Dress/PennDOT BP-003813
Courtney Papinchak/PennDOT BP-003813
Emily Choudhry/PennDOT BP-000053
Emily Phelan/PennDOT BP-003813
Jayne E Mccoll PWS/PennDOT BP-000053
Kelly L Lockman/PennDOT BP-000053
Lisa A Martin P.E./PennDOT BP-000056
Marcia Kodlick/PennDOT BP-003813
Michael J Mcguire/PennDOT BP-000053
Rebecca E Ledebohm/PennDOT BP-000053
All District 05 Users

Reviewers

	System User Names	Non-System / Other Addresses
Notify These Additional Emails Upon Approval:	Amanda Leindecker/PennDOT Jennifer A Ruth/PennDOT Lawrence Peterson/PennDOT Marcia Kodlick/PennDOT BP-003813 Megan M Fallon/PennDOT Michael Donchez/PennDOT Suzanne Moser/PennDOT Vanessa Koenigkramer/PennDOT

	Package was submitted on Monday, 05 August 2024 07:52 AM by Levi Veppert/PennDOT
	Email Notify	Reviewed By	Date/Time

EM:	Jerry E Neal/PennDOT	Jerry E Neal/PennDOT	Mon, 08/05/24 07:59 AM

ADE:	Scott G Vottero/PennDOT	Scott G Vottero/PennDOT	Mon, 08/05/24 08:13 AM

DE:	Scott G Vottero/PennDOT	Scott G Vottero/PennDOT	Mon, 08/05/24 08:13 AM

Document Created By: Emily Phelan
10/10/22 02:29 PM

Last Modified By: Scott G Vottero
08/05/24 08:13 AM

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Yes

Is there a formal Emergency Declaration by either the President of the United States or the Governor of PA?	Yes No	In accordance with 23 CFR 771.117(c), actions that qualify as an emergency repair under 23 USC 125 can be documented as a Level 1a CE under item #9. For emergency repairs, after generating the package, use the Add Appendix button to attach the Damage Inspection Report (DIR).


Which type of repair does this project involve?	Emergency Permanent


	The preferred process for creating an Evaluation is to use the Create Eval button from an existing Scoping to link it to this package. - If an approved Scoping Package does not exist in the Expert System, provide reason and explanation below. - If waived, provide direction/authority information. For paper copies, include file location.

Reason:	Waived Paper Copy Other
Explanation:

Processing Request

Package Document