As a federal action, the TIGER 2016 grant commits the Pease Development Authority Division of Ports

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1 PEASE I N T E R N AT I 0 N A L 556 Market Street. Suite 1 Portsmouth, NH PORTS AND HARBORS April 25, 2016 The Honorable Anthony R. Foxx Secretary U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC Subject: NEPA TIGER 2016 Dear Secretary Foxx, As a federal action, the TIGER 2016 grant commits the Pease Development Authority Division of Ports and Harbors (PDA-DPH) to compliance with the National Environmental Policy Act (NEPA). The PDA-DPH has initiated the NEPA process of coordination and compliance efforts for the proposed work. In accordance with the Maritime Administrative Order 600-1, Procedures for Considering Environmental Impacts, the project would not normally be a major action significantly affecting the environment, as it is a reconstruction and modification of a structure which will not substantially change the character of the facility. However, the project will involve potentially significant impacts to several sensitive resources. Because of the uncertainty of significant impacts, it is assumed the Maritime administration will determine an Environmental Assessment (EA) is necessary to comply with NEPA. Based on a review of project plans and existing resources, it is anticipated that the EA will result in a Finding of No Significant Impact (FOSI) by the Coordinator of Environmental Activities for the Maritime Administration. A formal request for a preliminary analysis of the project has been made to the Maritime Administration to confirm that an EA is the appropriate NEPA document for this project (copy attached). The PDA-DPH has retained McFarland Johnson, the environmental consultants that recently assisted New Hampshire Department of Transportation in obtaining NEPA clearance for the replacement of two (2) bridges that connect New Hampshire and Maine: the Rt. 1 Memorial Bridge located directly downstream from the PDA-DPH facility and the Rt. 1 Bypass Sarah Long Bridge which bisects the PDA DPH facility. Additionally, McFarland Johnson conducted the NEPA process for the Albacore Park adjacent to the PDA-DPH facility. OC)OO ph: TAKING YOU fax: THERE www~peasedevorg

2 A proposed schedule for completion of the NEPA process is included in the overall project schedule as part of the TIGER 2016 application. Sincerely, Geno J. Marconi, Director Pease Development Authority Division of Ports and Harbors Attachments: One (1): 19 pages

3 PEASE 555 Market Street. Suite 1 Portsmouth. NH I N T E R N AT I 0 N A 1 PORTS AND HARBORS April 25, 2016 Mr. Paul N. Jaenichen, Sr. Maritime Administrator U.S. Department of Transportation Maritime Administration Office of Environmental Activities 400 7th Street SW, Room 7209 Washington, DC Subject: NEPA TIGER 2016 Dear Mr. Jaenichen: The Pease Development Authority Division of Ports and Harbors (PDA-DPH) is submitting a grant application to the U.S. Department of Transportation (USDOT) requesting funding assistance through the TIGER 2016 program for the purpose of rehabilitating and modifying (expanding) the Main Wharf at the Market Street Marine Terminal in Portsmouth, New Hampshire. In accordance with the National Environmental Policy Act (NEPA), should the grant be awarded to the PDA-DPH or other USDOT funds become available, the Maritime Administration (MARAD) has been identified as the Federal Sponsor and would issue NEPA determinations. The Notice of Funding Availability (NOFA) published in the Federal Register requires that prior to grant approval, the PDA-DPH initiates the NEPA process and coordinates with the federal sponsor and other agencies. A review of Maritime Administration Order: Procedures for Considering Environmental Impacts (MAO 600-1), indicates that the project will require an Environmental Assessment (EA). Although the project appears to meet the criteria for a Categorical Exclusion, per Appendix 1, Criterion 4, the level of impacts to some resources is uncertain. Specifically, there are tidal wetland impacts on the order of 25,000 square feet, and the effects on two (2) federally endangered anadromous fish species have not yet been determined. Project impacts are unlikely to rise to the level of an Environmental Impact Statement. The project is currently permitted by the New Hampshire Department of Environmental Services (NHDES) with a Wetlands and Non-Site Specific Permit as well as a Federal permit issued by the U.S. Army Corps of Engineers known as the New Hampshire State Programmatic General Permit (both attached). OC)OC) ph: T A K I N G Y 0 U ftx: T H E R E wwwpeasedevorg

4 The PDA-DPH has retained McFarland Johnson, the environmental consultants that recently assisted New Hampshire Department of Transportation in obtaining NEPA clearance for the replacement of two (2) bridges that connect New Hampshire and Maine: the Rt. 1 Memorial Bridge located directly downstream from the PDA-DPH facility and the Rt. 1 Bypass Sarah Long Bridge which bisects the PDA DPH facility. Additionally, McFarland Johnson conducted the NEPA process for the Albacore Park adjacent to the PDA-DPH facility (all shown on the attached aerial view). This letter is the formal notification that the PDA-DPH has initiated the NEPA process and is requesting a preliminary analysis of the project to determine what environmental document is required. Please contact me regarding what information and documentation will be needed to assist MARAD in making this determination. Thank you for your time and consideration. Sincerely, Geno J. Marconi, Director Pease Development Authority Division of Ports and Harbors Attachments: NH Wetlands Permit Army Corps Permit Location Aerial View NH Natural Heritage Bureau Document U.S. Fish & Wildlife Document NEPA Compliance Schedule

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10 New Hampshire Natural Heritage Bureau To: Jed Merrow 10 Ferry St Concord, NH Date: 4/1/2016 From: NH Natural Heritage Bureau Re: Review by NH Natural Heritage Bureau of request dated 4/1/2016 NHB File ID: NHB Location: Project Description: Tax Map(s)/Lot(s): Portsmouth Portsmouth Main Wharf Expansion Applicant: Jed Merrow The NH Natural Heritage database has been checked for records of rare species and exemplary natural communities near the area mapped below. The species considered include those listed as Threatened or Endangered by either the state of New Hampshire or the federal government. We currently have no recorded occurrences for sensitive species near this project area. A negative result (no record in our database) does not mean that a sensitive species is not present. Our data can only tell you of known occurrences, based on information gathered by qualified biologists and reported to our office. However, many areas have never been surveyed, or have only been surveyed for certain species. An on-site survey would provide better information on what species and communities are indeed present. This report is valid through 3/31/2017. Department of Resources and Economic Development DRED/NHB Division of Forests and Lands 172 Pembroke Road (603) fax: Concord NH 03301

11 New Hampshire Natural Heritage Bureau MAP OF PROJECT BOUNDARIES FOR NHB FILE ID: NHB Department of Resources and Economic Development DRED/NHB Division of Forests and Lands 172 Pembroke Road (603) fax: Concord NH 03301

12 U.S. Fish & Wildlife Service Portsmouth Main Wharf Expansion IPaC Trust Resources Report Generated April 01, :48 AM MDT, IPaC v3.0.0 This report is for informational purposes only and should not be used for planning or analyzing project level impacts. For project reviews that require U.S. Fish & Wildlife Service review or concurrence, please return to the IPaC website and request an official species list from the Regulatory Documents page. IPaC - Information for Planning and Conservation ( ): A project planning tool to help streamline the U.S. Fish & Wildlife Service environmental review process.

13 Table of Contents IPaC Trust Resources Report Project Description Endangered Species Migratory Birds Refuges & Hatcheries Wetlands

14 U.S. Fish & Wildlife Service IPaC Trust Resources Report NAME Portsmouth Main Wharf Expansion LOCATION Rockingham County, New Hampshire DESCRIPTION Rehabilitation and expansion of the main ship wharf at the Market Street Marine Terminal on the Piscataqua River in Portsmouth, NH IPAC LINK B7PHO-MJQTF-GL3N3-KW7R4-CXOTXA U.S. Fish & Wildlife Service Contact Information Trust resources in this location are managed by: New England Ecological Services Field Office 70 Commercial Street, Suite 300 Concord, NH (603)

15 IPaC Trust Resources Report Endangered Species Endangered Species Proposed, candidate, threatened, and endangered species are managed by the Endangered Species Program of the U.S. Fish & Wildlife Service. This USFWS trust resource report is for informational purposes only and should not be used for planning or analyzing project level impacts. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list from the Regulatory Documents section. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list either from the Regulatory Documents section in IPaC or from the local field office directly. The list of species below are those that may occur or could potentially be affected by activities in this location: Birds Red Knot Calidris canutus rufa CRITICAL HABITAT No critical habitat has been designated for this species. Roseate Tern Sterna dougallii dougallii CRITICAL HABITAT No critical habitat has been designated for this species. Mammals Northern Long-eared Bat Myotis septentrionalis CRITICAL HABITAT No critical habitat has been designated for this species. Threatened Endangered Threatened 4/1/2016 7:48 AM IPaC v3.0.0 Page 2

16 IPaC Trust Resources Report Endangered Species Critical Habitats There are no critical habitats in this location 4/1/2016 7:48 AM IPaC v3.0.0 Page 3

17 IPaC Trust Resources Report Migratory Birds Migratory Birds Birds are protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. Any activity that results in the take of migratory birds or eagles is prohibited unless authorized by the U.S. Fish & Wildlife Service. There are no provisions for allowing the take of migratory birds that are unintentionally killed or injured. Any person or organization who plans or conducts activities that may result in the take of migratory birds is responsible for complying with the appropriate regulations and implementing appropriate conservation measures. [1] C.F.R. Sec and 16 U.S.C. Sec. 668(a) Additional information can be found using the following links: Birds of Conservation Concern birds-of-conservation-concern.php Conservation measures for birds conservation-measures.php Year-round bird occurrence data akn-histogram-tools.php The following species of migratory birds could potentially be affected by activities in this location: Great Cormorant Phalacrocorax carbo Season: Wintering Hudsonian Godwit Limosa haemastica Season: Migrating Least Tern Sterna antillarum Season: Breeding Purple Sandpiper Calidris maritima Season: Wintering Short-eared Owl Asio flammeus Season: Wintering Wood Thrush Hylocichla mustelina Season: Breeding Bird of conservation concern Bird of conservation concern Bird of conservation concern Bird of conservation concern Bird of conservation concern Bird of conservation concern 4/1/2016 7:48 AM IPaC v3.0.0 Page 4

18 IPaC Trust Resources Report Refuges & Hatcheries Wildlife refuges and fish hatcheries There are no refuges or fish hatcheries in this location 4/1/2016 7:48 AM IPaC v3.0.0 Page 5

19 IPaC Trust Resources Report Wetlands Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. DATA LIMITATIONS The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. DATA EXCLUSIONS Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. DATA PRECAUTIONS Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. This location overlaps all or part of the following wetlands: Estuarine And Marine Deepwater E1UBL Estuarine And Marine Wetland E2US3N acres acre 4/1/2016 7:48 AM IPaC v3.0.0 Page 6

20 IPaC Trust Resources Report Wetlands A full description for each wetland code can be found at the National Wetlands Inventory website: 4/1/2016 7:48 AM IPaC v3.0.0 Page 7

21 Pease Development Authority Portsmouth Wharf Expansion TIGER 2016 Grant Application DRAFT NEPA Compliance Schedule Portsmouth Wharf Expansion NEPA Compliance Tasks Weeks from Notice to Proceed Task Description Endangered Species Biological Assessment Agency NMFS Habitat Division Submit BA to NMFS Receive concurrence from NMFS Cultural Resources Submit Request for Project Review Receive concurrence from NHDHR NH Division of Historic Resources Submit Draft EA to PDA Review and comment Submit draft EA to MARAD Receive comments from MARAD Submit Final EA to MARAD Fonsi Determination