Attachment_W_Off_Road_Vehicle_Management.pdf

National Park Service U.S. Department of the Interior

Cape Hatteras National Seashore North Carolina

FINDING OF NO SIGNIFICANT IMPACT

Consideration of Modifications to the Final Rule for Off-Road Vehicle

Management - Environmental Assessment

Re~

David E. Hallac , Superintendent, Cape Hatteras National Seashore

Date

Date or, Southeast Region, National Park Service

Attachment W

INTRODUCTION

The Department of the Interior, National Park Service (NPS) has prepared this Finding of No Significant Impact (FONSI) for the Consideration of Modifications to the Final Rule for Off-Road Vehicle Management Environmental Assessment (EA) regarding off-road vehicle (ORV) management at Cape Hatteras National Seashore. This FONSI has been prepared in accordance with the requirements of the National Environmental Policy Act of 1969, as amended (NEPA), its implementing regulations (40 CFR 1500-1508), the Department of the Interior NEPA regulations (43 CFR 46), and NPS Director's Order 12, Conservation Planning, Environmental Impact Analysis and Decision-Making and accompanying handbook. This FONSI is not the final agency action for those elements of the EA that require promulgation of a regulation to be effective. Promulgation of a regulation will constitute the final agency action for such elements.

BACKGROUND

In compliance with NEPA, the NPS has prepared an EA that evaluates proposed changes to the Cape Hatteras National Seashore (Seashore) ORV special regulation. The EA also evaluates the impacts of other access improvements and changes to the ORV permit system currently in place at the Seashore.

In 2010, the NPS finalized the Off-Road Vehicle Management Plan and Environmental Impact Statement (ORV FEIS) to guide the management and use of ORVs at the Seashore. Certain elements of the selected alternative in the ORV FEIS were implemented through a special regulation. The Final Rule for ORV management at the Seashore (2012 Final Rule) was published in the Federal Register on January 23, 2012.

On December 19, 2014, the President signed the National Defense Authorization Act for Fiscal Year 2015 (2014 Act). The 2014 Act required NPS to review and modify wildlife buffers, expedite construction of vehicle access points and roads, and undertake a public process to consider changes to ORV management at the Seashore. NPS addressed the wildlife buffers portion of the 2014 Act by developing the Review and Adjustment of Wildlife Protection Buffers EA and completing the process with a FONSI, which was signed on June 15, 2015. The NPS also completed the construction of all planned vehicle access points and roads authorized under the 2013 FONSI for the Proposal to Facilitate Additional Public Beach Access EA.

The 2014 Act also required the Secretary of the Interior to consider three specific changes to the 2012 Final Rule regarding ORV management, which were examined in the EA and are explained in the Purpose and Need for Action, below.

Purpose and Need for Action The purpose of the EA is to consider changing morning beach openings from nighttime closures, seasonal ORV route dates, and the size and location of vehicle-free areas (VFAs), as well as to explore alternative ORV permit options and access improvement projects within the Seashore. Action is needed as a result of the 2014 Act, which directed the NPS to undertake a public process to consider, consistent with management requirements at the Seashore, the following changes to the 2012 Final Rule: opening beaches at the Seashore that are closed to night driving restrictions by opening beach segments on a rolling basis as daily management reviews are completed; extending seasonal ORV routes for additional periods in the fall and spring if ORV use would not create resource management problems at the Seashore; and modifying the size and location of VFAs.

The statements and conclusions reached in this FONSI are based on documentation and analysis provided in the EA. To the extent necessary, relevant sections of the EA are incorporated by reference below.

SELECTED ALTERNATIVE

Based on the analysis presented in the EA, the NPS has selected alternative 2 for implementation, with one minor modification. Alternative 2 (hereinafter referred to as the selected alternative) was identified in the EA as the NPS preferred alternative and is described below and on pages 33-42 of the EA. The minor modification to the selected alternative consists of an approximately 600-foot extension to the bypass route at Cape Point, south of the Salt Pond at the narrows behind the overwash dunes. The NPS’s public process brought to light concerns regarding access to Cape Point during the non-nesting season, with many commenters requesting an alternative route that would begin near old Ramp 45 or Salt Pond Road and traverse the south beach eastward towards Cape Point. The NPS considered this request for use during the non-nesting season, when beach erosion may preclude vehicle and pedestrian access to Cape Point from Ramps 43 and 44, and therefore is including an extension of the existing bypass route south of Ramp 44 as part of the selected alternative. The bypass route extension should provide a continuous alternative route to Cape Point from Ramp 44 that may be used when erosion or a beach closure may otherwise preclude travel to the south during the non-nesting season. Although this southern extension was not originally part of the preferred alternative in the EA, impacts associated with this proposed 600-foot extension will be similar in nature to those disclosed in the EA for the 0.4-mile extension to the north. There would be no measurable or observable impacts to federally- or state-listed species, special-status species, or non-listed shorebirds associated with the 600-foot bypass route extension and no wetlands would be impacted.

Seashore staff will evaluate the use of this bypass extension as an effective alternate access route to Cape Point. If the extended bypass road is unable, as intended, to generally provide alternate access to Cape Point when beach erosion and high tides may preclude travel, the NPS may initiate a new planning process to evaluate other alternate routes to reach Cape Point when such conditions exist.

In addition to this modification, as set forth in the preferred alternative in the EA the selected alternative will include:

Morning Beach Openings

Priority routes (year-round ORV routes accessible from Ramp 2, Ramp 4, Ramp 25, Ramp 27, Ramp 43, Ramp 44, Ramp 48, Ramp 49, and Ramps 70 and 72) will open to ORV use at 6:00 a.m. in May, June, and July. In August and September, priority routes will open to ORV use at 6:30 a.m., and then all beaches with ORV routes not already open for 24 hour driving will open at 7:00 a.m. from October 1 until November 15.

If any of these priority routes are closed for an extended period of time due to erosion or weather conditions (e.g., flooding), alternate year-round ORV routes could be opened at the earlier times in lieu of designated priority routes, as long as no conflict exists with any restrictions expressed in the Seashore’s existing ORV/species management plans or regulations. Other ORV routes will continue to open at 7:00 a.m. when night driving restrictions are in place.

Seasonal Off-Road Vehicle Routes

Seasonally designated ORV routes in front of the villages and the Ocracoke Campground will be open to ORV use from October 15 through April 14.

Vehicle-Free Areas

The NPS will not construct Ramps 2.5 and 59.5 (from the 2013 Proposal to Facilitate Additional Public Beach Access EA). Instead, it will restore Ramp 2 to ORV use and extend the existing year-round ORV route approximately 0.5 mile north, providing dual access to this ORV route from Ramp 4 and Ramp 2. Restoring Ramp 2 will maintain the current entrance location from the parking area at Coquina Beach, but will realign approximately 100 to 150 feet of the length of the ramp to the south by approximately 200 feet. The ramp will be approximately 36 feet wide, and the surface will be composed of a pervious mixture of sand, shell, and clay. Ramp 59 will be open for year-round ORV use, extending the existing year-round ORV route by approximately 0.5 mile.

The NPS will redesignate the existing VFA south of Ramp 23 as a seasonal ORV route, extending the existing seasonal ORV route in front of Rodanthe-Waves-Salvo south by approximately 1.5 miles. Similarly, the NPS will redesignate a portion of the existing VFA at Ramp 34 as a seasonal ORV route, extending it in front of the village of Avon for 1 mile north.

Old Ramp 45, an existing park road (0.2 miles long) that is currently closed to all vehicles, will be opened to vehicular use to provide additional pedestrian access to the south beach and Cape Point areas. A parking area will be installed at the end of old Ramp 45 as described under “Access Improvements,” below.

Access Improvements

Devil Shoals Road, sometimes referred to as “Dump Station Road”, located across from the Ocracoke Campground, will be improved and designated as a park road instead of an ORV route. Visitors will not be required to purchase an ORV permit to drive on this road. The NPS will widen the existing one-lane road to two lanes up to 28 feet wide, and will construct one small parking area up to 35 feet wide and 70 feet long that will contain approximately five parking spaces or more if they can fit within the 35 foot by 70 foot disturbed area. The last 400 feet of roadway closest to the sound will not be widened, so as to avoid affecting wetlands. The road and parking areas will be composed of sand, crushed shells, and clay.

The South Bitterswash Creek site is located approximately 4 miles from the north end of Ocracoke Island on the western side of the island. In the EA, this site was erroneously referred to as “Bitter Wash Creek.” According to USGS maps, the correct name for the site is South Bitterswash Creek. Access improvements at this site will include designating a parking area and footpath and formalizing a road where a disturbed vehicle pathway already exists. The formalized road will be approximately 160 feet long by 36 feet wide and will be designated as a park road. The NPS will construct a 10 to 12 car parking area (up to 150 feet by 50 feet in size) at the end of the roadway. To minimize stormwater runoff, the road and parking area will be constructed using a pervious mixture of sand, shell, and clay. The NPS will install a primitive pedestrian path, approximately 175 feet long and 7 feet wide, to provide access from the parking area to the sound. To construct the primitive path, the NPS will clear vegetation to expose the existing sand; no additional surfacing materials will be used.

The NPS will extend the existing interdunal (bypass) route at Cape Point south of the Salt Pond at the narrows behind the overwash dunes by approximately 0.4 mile north to Ramp 44. The 0.4-mile extension will be approximately 30 feet wide. As discussed above, the NPS will also extend the existing bypass route by approximately 600 feet to the south. The NPS is including this bypass extension in the selected alternative in order to provide additional ORV access near Cape Point when the ORV route along the beach is closed due to erosion or for safety or resource protection.

The selected alternative will also include additional parking at the end of old Ramp 45. The NPS will designate a 15 to 20 car parking area at the end of old Ramp 45 to improve pedestrian access to the beaches near the south beach and Cape Point. The parking area will be approximately 180 feet long and 140 feet wide. To minimize stormwater runoff and flooding, NPS will construct the parking area landward of the dune line using a pervious mixture of sand, shell, and clay.

ORV Permit Durations

The existing annual ORV permit will change from being valid for the calendar year to being valid for one year from the date of issue. Also, the Seashore will no longer issue a 7-day ORV permit;

it will issue a 10-day permit instead.

RATIONALE FOR THE DECISION

The NPS has decided to implement the selected alternative because it best meets the purpose and need for the project while maintaining year-round VFAs for non-motorized recreationists and limiting impacts on resources and park operations. The selected alternative addresses morning beach openings, seasonal ORV route periods, and VFA size and location as required by the 2014 Act.

The selected alternative also improves visitor experience at the Seashore by improving pedestrian and ORV access and addressing visitor concerns regarding the existing ORV permit lengths. Under the selected alternative, select beaches will open for ORV use earlier in the morning, and the Seashore will retain its ability to check for sea turtles and nests; the dates for ORV access to seasonal ORV routes will be extended for an additional two weeks in the fall and spring (October 15 through April 14); and year-round ORV routes will be expanded slightly to use existing ramps without requiring the construction of two new ramps. The revised ORV permit periods will include short-term permits (10-day) that allow for an additional weekend of ORV use compared to the current 7–day permits. The 10-day permit will also align with the existing North Carolina saltwater fishing license permit periods. The annual ORV permit period from date of purchase will address visitor concerns with the previous permit period, which was for the calendar year. The access improvements will provide more reliable access to both VFAs and ORV routes, and will provide soundside access for those without an ORV permit on Ocracoke Island, which currently does not exist.

Overall, a balance between ORV routes and VFAs will be maintained to provide diverse visitor experiences and simultaneously protect natural resources. Although the actions associated with the selected alternative will involve additional ORV and pedestrian access, impacts to the Seashore’s natural resources will be minimal due to the limited amount of changes under the selected alternative and the specific areas for which changes to VFAs or access improvements will be located. The selected alternative provides a sufficient level of increased public access as required by the 2014 Act while affording the necessary protections for the Seashore’s natural resources.

MITIGATION MEASURES

The NPS places strong emphasis on avoiding, minimizing, and mitigating potentially adverse environmental impacts. To help ensure the protection of natural and cultural resources and the quality of the visitor experience, the following protection measures will be implemented as part of the selected alternative.

As discussed on page 52 of the EA, the NPS will use best management practices and environmentally sensitive standards for all access improvements and the realignment of Ramp 2 to minimize stormwater runoff and mitigate impacts on wetlands. A wetland delineation was completed to confirm that all access improvements can be completed outside of wetland areas and will result in no loss of wetlands. Construction fencing will be placed around construction areas to discourage visitors from entering the construction site.

Existing wildlife buffers will continue to be implemented for all prenesting and nesting activities for protected species. These wildlife protection buffers will be established throughout the Seashore, within ORV routes and VFAs, as conditions warrant.

The Seashore will distribute educational materials regarding ways to help identify turtle nesting activity as part of the ORV permit program. Every ORV permittee will receive information regarding what turtle crawls and turtle nesting activities look like so that they can notify Seashore staff if they notice nesting activity that has not already been marked.

FINDING OF NO SIGNIFICANT IMPACT

As described in the EA, the selected alternative has the potential to cause adverse impacts to wetlands, federally listed species, state-listed and special status species, non-listed shorebirds, visitor experience, and seashore operations and management. However, no potential for significant adverse impacts was identified. As defined by 40 CFR 1508.27, significance, as used in NEPA, requires consideration of context and intensity. The following considerations, included in 40 CFR 1508.27, are relevant to this finding of no significant impact:

Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas.

Wetlands

For all changes in ORV use under the selected alternative, impacts on marine intertidal wetlands (sandy beach areas below high tide) will continue to include rutting and compaction of sediments in the intertidal zone from ORV use; however, these impacts will be short term due to the continuous movement and deposition of sand in the intertidal areas and the ability of the shoreline to “restore” itself in the long term. Because of the nature of the impacts and the consistent regeneration by wave action of wetland soils affected by ORV use impacts related to changes in seasonal or year-round ORV routes or VFAs will be short term, negligible, and adverse, meaning there will be no measurable effects on the size, continuity, or connectivity of the marine intertidal wetlands.

Although the EA stated that impacts from construction-related activities for soundside access improvements will be long-term and adverse in these areas where fill has to be added to any wetland areas to stabilize soils for the parking or road base, a wetland delineation (completed after the EA was published) determined that any direct wetland impacts from access improvements can be avoided. This wetland delineation is available for viewing at http://parkplanning.nps.gov/caha-orv-ea. Direct wetland impacts will be avoided by siting the roads and parking areas in uplands that are available in that general vicinity or areas that have been previously disturbed and routing the trail at South Bitterswash Creek to avoid impacts on estuarine wetlands. The parking area and roadway at Devil Shoals Road will be constructed using a permeable base of sand, shells, and clay, so there will be minimal indirect effects on http://parkplanning.nps.gov/caha-orv-ea adjacent wetlands from water running off or ponding. There will be no loss of wetlands associated with the implementation of the selected alternative.

The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973.

Piping Plover

Opening priority routes to ORV use up to an hour earlier will negligibly impact non-breeding plovers because of the limited amount of area impacted and the very small amount of additional time that ORVs will have access to those beaches. Any impacts will be well within the range of natural variability for piping plovers that might be present on the beaches and will have no measurable effects on the species. Breeding piping plovers will still be protected by established wildlife buffers and will not be impacted.

Extending the seasonally designated ORV routes in front of the villages and the Ocracoke Campground by two weeks in the spring and fall, extending the year-round ORV route north of Ramp 4 by 0.5 mile and the year-round ORV route north of Ramp 63 by 0.5 mile, and designating portions of the VFAs south of Ramp 23 and north of Ramp 34 as seasonal ORV routes will not impact piping plovers in any measurable way. Piping plovers generally are not found in these areas. Higher ORV traffic in these areas could result in dispersal and desiccation of the wrack line, thereby reducing the population of invertebrates that piping plovers could feed on in that area. However, given the relatively small area that could be affected, the indirect impacts on piping plovers likely will be well within natural fluctuations. Continuing to survey and monitor for piping plovers and implementing prenesting closures and wildlife protection buffers around suitable habitat, nesting adults, and unfledged chicks will greatly minimize any potential direct impacts in these areas. Continued establishment of prenesting closures will protect any birds that use these areas for breeding from ORV impacts prior to April 14.

Most of old Ramp 45 is behind the primary dune line and is not considered piping plover habitat.

Therefore there will be no impacts from opening old Ramp 45 to vehicular use or the addition of a parking area. Similarly, access improvements on Ocracoke Island will be limited to the soundside areas of the Seashore and will have no impacts on piping plovers or their habitat because there is no available habitat in these areas. More visitors may park and access Cape Point from the parking area at old Ramp 45 which could cause additional disturbance from noise or physical presence and will result in negligible, adverse impacts on non-breeding piping plovers in the area, meaning that impacts would not be observable or measureable. Breeding plovers will still be protected from additional impacts by existing wildlife protection buffers.

Impacts from extending the ORV bypass route near Cape Point 0.4 mile north to Ramp 44 and south for 600 feet will have long-term, negligible, and adverse impacts on piping plovers.

Extending the bypass road itself in either direction will not directly impact any piping plover habitat, but may bring ORVs closer to wintering or migrating piping plovers in the area of the Salt Pond and could potentially cause disturbance. However, the potential impacts on piping plovers would be limited due to the continued implementation of wildlife protection buffers for nesting birds.

Red Knot

Impacts on red knots and the natural processes sustaining them as a result of opening priority routes to ORV use up to an hour earlier will not be observable or measurable because (1) the relatively short amount of additional time that the beaches will be open (30 to 60 minutes); (2) the relatively small amount of beach area affected, (3) the fact that in June and July, red knots are generally not found at the Seashore, and from August through October, relatively few are found; and (4) the priority routes at Ramp 4, Ramp 27 to the north, and Ramp 43 are east-facing beaches, where very few red knots are found at the Seashore. Similarly, because very few red knots are found at the Seashore during October and April and all areas are east-facing beaches, allowing ORV use in front of the villages and Ocracoke campground for an additional two weeks in the spring and fall will not result in observable or measurable impacts on the red knot. Extending the seasonal ORV routes at Ramp 23 and at Ramp 34 and extension of the ORV bypass road north to Ramp 44 and south toward Cape Point will have long-term, negligible, adverse impacts on red knots because impacts from disturbance from ORVs will not be noticeable and will be well within the natural range of variability of their population, habitat, and natural processes sustaining them. These actions will potentially expose red knots to disturbance from ORVs during their resting and foraging behaviors; however, any potential impacts will not be measurable and will be greatly reduced by the fact that Ramps 23 and 34 are located on east-facing beaches. Since 2010, red knots have generally not been observed in these areas.

In addition to the above areas, old Ramp 45 will be opened to year-round vehicle use as a park road. Most of old Ramp 45 is behind the primary dune line and few red knots have been observed during surveys in this area. Therefore, adverse impacts on red knots will not be observable or measurable. The proposed additional parking area at old Ramp 45 will not occur in red knot habitat, so there will be no impact. More visitors may park and access the beach adjacent to this parking area, but with only 15 to 20 parking spaces only a small increase in the number of pedestrians accessing the beach will occur, and any additional disturbance due to noise or physical presence will likely not be observable or measurable because few red knots occur in this area. Any effects from these actions near old Ramp 45 will be well within the naturally occurring fluctuations in population, habitat, and the processes sustaining them.

Resource closures established for other bird species also will continue to provide some additional protection for red knots.

Extending the year-round ORV route north of Ramp 4 by 0.5 mile to Ramp 2 and the year-round ORV route north of Ramp 63 by 0.5 mile to Ramp 59 will also have adverse impacts on the red knot. Though the area to be extended north of Ramp 4 to Ramp 2 is on an east-facing beach, and east-facing beaches generally are not where red knots are found at the Seashore, a few red knots have been observed in this area in previous years. Red knots have been routinely observed in the area of Ramp 59 in previous years. While opening these areas to ORV use will potentially expose red knots to direct impacts from ORVs during their resting and foraging behaviors and indirect impacts on their invertebrate food source, these areas are immediately adjacent to year-round VFAs (north of Ramp 2 and north of Ramp 59) that provide ample and suitable habitat for the red knot. Given the relatively small area of new ORV routes that will be opened to year-round ORV use and the fact there is suitable habitat for red knots that is vehicle-free immediately adjacent to these areas, direct and indirect impacts on the red knot will likely not be detectible. However, if they are detectible, impacts will not be outside the natural range of variability. Occasional responses by some individuals to disturbance, if detectible, may result in minimal interference to feeding, resting, or other factors affecting population levels, but are not expected to result in changes to local population numbers, population structure, or other demographic factors. Sufficient habitat in the Seashore will remain functional to maintain a sustainable population in the Seashore.

The access improvements on Ocracoke Island will be on the soundside areas of the Seashore and will not impact red knots or their habitat.

Sea Turtles

Although priority routes will be opened to ORV use as early as 6:00 a.m. during May, June, and July; at 6:30 a.m. during August and September; and at 7:00 a.m. during October until November 15, the beaches will still be surveyed for turtle crawls/nests prior to opening them for ORV use. Even so, opening the beaches to ORV use prior to the current 7:00 a.m. timeframe will slightly increase the risk that nesting may occur after a beach has been surveyed, resulting in the nest being unprotected from impacts associated with ORV use. However, given the relatively small area of beach affected and the fact that early morning nesting events are fairly rare, potential additional impacts will be minimal. In general, after beaches have been surveyed in the morning, ORV use could contribute to false crawls and any crawls of daytime nesting turtles will likely be obscured by ORV tracks. Nesting turtles on the beach during daylight hours as a result could be struck or run over. However, given the extreme rarity of daytime nesting events at the Seashore, the increased risk of impacts will be relatively small. Additionally, by adhering to the speed limit on the beach, ORV drivers likely will be able to see a nesting turtle and avoid striking it. As described in the EA, all of these impacts will be negligible, meaning they are not expected to be observable or measurable, and will be well within the natural range of variability.

The one mile increase in the amount of Seashore open to year-round ORV use will result in long term, negligible adverse impacts to sea turtles. Surveying, monitoring, and protection of sea turtles, nests, and hatchlings through the use of wildlife buffers would continue to occur. There impacts will not be measurable and will be well within the natural range of variability due to the relatively small area being opened to ORV use and the protective measures in place. Impacts from extending the ORV bypass route north to Ramp 44 and south towards Cape Point will have long-term, beneficial impacts on sea turtles because ORVs could bypass the ocean beach that is suitable habitat for sea turtle nesting, thus removing potential impacts from ORV use.

Allowing ORV use in front of the villages for an additional two weeks in the spring and fall, as well as the addition of 2.5 miles of seasonal ORV routes, will not impact sea turtles because the seasonal time periods do not overlap with the sea turtle nesting season. Similarly, there will be no impacts from access improvements on the soundside of Ocracoke Island because nesting sea turtles are not present. Opening old Ramp 45 to vehicular traffic as a park road and construction of a parking area will not impact sea turtles because that area is located behind the primary dune line and is not considered sea turtle nesting habitat.

State-Listed and Special Status Species and Non-Listed Shorebirds

Implementing the selected alternative will result in negligible to minor adverse effects on state-listed and special status species and non-listed shorebirds, similar to those impacts described under piping plovers. These impacts are not expected to be observable or measureable, but if they are, they will not be outside the natural range of variability. Occasional responses by some individuals to disturbance could occur, but without interference to feeding, reproduction, resting, or other factors affecting population levels. Small changes to local population numbers, population structure, and other demographic factors also might occur. However, they should not result in injury or mortality of individuals. Sufficient habitat in the Seashore will remain functional to maintain a sustainable population in the Seashore. The extension of seasonal ORV use periods for two weeks in the fall and spring will result in long-term, negligible, adverse impacts on state-listed species and non-listed species because of the prolonged disturbance from vehicles and people. Increased human and vehicle presence associated with the redesignation of VFAs to year-round or seasonal ORV routes may also disturb these species.

These impacts will not be observable or measurable. Continued establishment of prenesting closures and wildlife protection buffers around suitable habitat, nesting adults, and unhatched fledglings will help protect state-listed and special status species. Construction noise from access improvements, as well as additional human and vehicle disturbance once the access improvements are complete will also result in short-term, minor adverse effects on state-listed and special status species and non-listed shorebirds, but the areas that will be affected will be relatively small and the impacts will be intermittent and sporadic. Occasional responses by some individuals to disturbance are expected, but without interference to feeding, reproduction, resting, or other factors affecting population levels. Small changes to local population numbers, population structure, and other demographic factors could also occur, but would not result in injury or mortality. Sufficient habitat in the Seashore will remain functional to maintain a sustainable population in the Seashore.

Impacts that may be both beneficial and adverse. A significant effect may exist even if the Federal agency believes that on balance the effect will be beneficial.

Visitor Use and Experience

The expansion of seasonal ORV route periods and redesignation of VFAs to year-round or seasonal ORV routes will have negligible to minor adverse impacts on visitor experience for visitors desiring a vehicle-free experience because there will be fewer miles of VFAs and longer periods of ORV use in front of the villages and the Ocracoke Campground. These impacts will be minor because there still will be over 20 miles of VFAs available throughout the Seashore and year-round opportunities for a vehicle-free experience in the park will continue to exist.

Although changes in visitor experience could be detectable, they would not appreciably limit any critical characteristics of the visitor experience for non-ORV users. Expanded seasonal ORV route periods and increased mileage of ORV routes at the Seashore would have beneficial impacts to the experience of ORV users. Impacts on visitor experience from earlier morning beach openings, additional access improvements, and altering the existing ORV permit system will be long-term and beneficial for ORV users at the Seashore.

Seashore Operations and Management

Implementing the selected alternative will result in long-term, negligible, adverse effects on seashore operations and management. Seashore staff workload will increase as a result of the change in morning beach openings and expanded season for ORV use in front of village beaches and the Ocracoke Campground in the spring and fall. Additionally, workload will increase because the Seashore maintenance staff will be responsible for completing access improvements projects (e.g., reconstruction of Ramp 2 and the improvements at Devil Shoals Road). Long-term, negligible adverse impacts will persist from the continued maintenance needs of the new access areas. Staff time to assist visitors to understand new designated year-round ORV and seasonal ORV routes will increase as Seashore visitors learn the new route designations that are part of the selected alternative.

The change in the permit system will also have management impacts. Long-term beneficial impacts will result from alleviating the common rush of park visitors buying annual ORV permits during December and January, which will reduce staff workload. Short-term, minor adverse impacts for law enforcement will result from the additional time needed to check permits since they will no longer be color-coded based on year.

Whether the action is related to other actions that may have individual insignificant impacts but cumulatively significant effects. Significance cannot be avoided by terming an action temporary or breaking it down into small component parts.

The NPS has analyzed other past, present, and reasonably foreseeable future actions in order to consider the significance of cumulative impacts associated with the implementation of the selected alternative. A discussion of the cumulative impacts for each resource is included in

Chapter 4 of the EA. With the exception of the topic of visitor use and experience, the selected alternative will contribute only minimally to overall cumulative impacts. For visitor use and experience, the selected alternative will contribute noticeable beneficial impacts for ORV users from improved access and annual permits from date of issue. Overall, the impacts of the selected alternative, combined with the cumulative impacts from other past, present, and reasonably foreseeable future actions, will not result in significant adverse cumulative impacts.

CONCLUSION

The selected alternative will not have a significant effect on the human environment in accordance with Section 102(2)(C) of NEPA. Therefore, an Environmental Impact Statement (EIS) is not required for this project and will not be prepared.

Attachment A—Non-Impairment Determination Attachment B—Errata Attachment C—Response to Substantive Public Comments Attachment D—Additional Agency Consultations

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ATTACHMENT A: NON-IMPAIRMENT DETERMINATION

INTRODUCTION

This non-impairment determination has been prepared for the selected alternative, as described in the Finding of No Significant Impact for the Consideration of Modifications to the Final Rule for Off-Road Vehicle Management Environmental Assessment (EA).

By enacting the NPS Organic Act of 1916 (Organic Act), Congress directed the U.S.

Department of the Interior and the NPS to manage units "to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations" (54 U.S.C. 100101).

NPS Management Policies 2006 (NPS 2006), Section 1.4.4, explains the prohibition on impairment of park resources and values:

"While Congress has given the Service the management discretion to allow impacts within parks, that discretion is limited by the statutory requirement (generally enforceable by the federal courts) that the Park Service must leave park resources and values unimpaired unless a particular law directly and specifically provides otherwise. This, the cornerstone of the Organic Act, establishes the primary responsibility of the National Park Service. It ensures that park resources and values will continue to exist in a condition that will allow the American people to have present and future opportunities for enjoyment of them."

An action constitutes impairment when its impacts “harm the integrity of park resources or values, including the opportunities that otherwise will be present for the enjoyment of those resources or values” (NPS 2006, Section 1.4.5). To determine impairment, the NPS must evaluate the “particular resources and values that will be affected; the severity, duration, and timing of the impact; the direct and indirect effects of the impact; and the cumulative effects of the impact in question and other impacts: (NPS 2006, Section 1.4.5).

National park system units vary based on their enabling legislation, natural and cultural resources present, and mission. Likewise, the activities appropriate for each unit and for areas in each unit also vary. For example, an action appropriate in one unit could impair resources in another unit.

As stated in the NPS Management Policies 2006 (sec. 1.4.5), an impact on any park resource or value may constitute an impairment, but an impact would be more likely to constitute an impairment to the extent that it affects a resource or value whose conservation is

• necessary to fulfill specific purposes identified in the establishing legislation or proclamation of the park; or

• key to the natural or cultural integrity of the park or to opportunities for enjoyment of the park; or

• identified in the park’s general management plan or other relevant NPS planning documents as being of significance.

The significance and importance of each resource, based on the Seashore’s enabling legislation, is discussed under the analyzed resource sections below.

A-2

The resource impact topics carried forward and analyzed for the NPS selected alternative in the EA and for which a non-impairment determination is contained in this attachment are wetlands, federally listed species, state-listed and special status species, and non-listed shorebirds. A non-impairment determination is not made for visitor experience or Seashore operations because those impact topics are not generally considered to be park resources or values according to the Organic Act, and cannot be impaired the same way that an action can impair park resources and values. Each resource or value for which impairment is assessed and the reasons why impairment will not occur is described below.

Wetlands

As noted in the Seashore’s enabling legislation, part of the significance of the Seashore is the preservation of unique physiographic conditions now prevailing in this area. The analysis in the EA indicated up to 0.1 acre of direct impacts to wetlands from parking and roadway construction. However a wetland delineation completed after the EA was published indicated that all construction can be sited outside of wetlands. The wetland delineation is available for viewing at http://parkplanning.nps.gov/caha-orv-ea. The selected alternative will not directly impact wetlands as a result of construction-related activities at South Bitterswash Creek, Devil Shoals Road, the extension of the existing bypass route at Cape Point, or the construction of a parking area at old Ramp 45. The NPS will avoid direct wetland impacts by siting all roads and parking areas in uplands. The NPS will minimize indirect wetland impacts by constructing the parking areas and roads using a permeable base of sand, shells, and clay, so there will be minimal effects on adjacent wetlands from water runoff or ponding. Best management practices and environmentally sensitive construction methods employed throughout the construction period will minimize stormwater runoff and mitigate indirect impacts on wetlands. Impacts to intertidal wetlands (sandy areas on the beach below the high tide line) will continue to occur due to rutting and compaction from ORV use on beaches but these impacts will be minimal due to the continuous regeneration of sediment deposition in these areas.

The area of impacts on wetlands under the selected alternative is small relative to the overall acreage of wetlands within the Seashore, and the selected alternative will provide parking areas and roads, allowing visitors to better experience the natural resource values present at the Seashore, including wetlands. Overall, the wetlands that are affected by implementation of the selected alternative make up only a small portion of the wetlands in the park, indirect impacts to those wetlands will be relatively small, and their overall viability will not be affected. There will be zero wetland loss associated with the implementation of the selected alternative. Wetlands in the project area will remain in a similar state to existing conditions, and will continue to function in a healthy manner. Current and future generations will continue to have the opportunity to experience these resources. Therefore, there will be no impairment to wetlands as a result of implementing the selected alternative.

Federally Listed, State-listed, and Special Status Species

The significance of the Seashore includes the preservation of natural landscapes as well as the unique flora and fauna within it. The 2006–2011 Strategic Plan states that migratory birds and threatened and endangered species, as well as their habitat, are part of the Seashore’s significance.

The selected alternative will potentially expose federally and state listed species and special status species to increased disturbance from ORVs and pedestrians and, in the short term, to disturbance from construction activities. Detailed analysis of impacts on federally- and state-listed species is available in Chapter 4 of the EA and is also addressed in the FONSI. Impacts to these species from all actions under the selected alternative will be well within natural fluctuations to population, habitat, and natural processes sustaining them. Occasional

A-3 responses to disturbance by some individual birds or sea turtles could occur but will not result in changes to local population numbers, population structure, or other demographic factors.

Sufficient habitat in the Seashore will remain functional to maintain a sustainable population in the Seashore. There will be no loss of critical habitat. Continued surveying and implementation of prenesting closures and wildlife protection buffers will mitigate impacts on these species. As an additional mitigation measure, Seashore staff will distribute educational materials regarding turtle nesting as part of the ORV permit program. Every ORV permittee will receive information regarding what turtle crawls and turtle nesting activities look like so that they can notify Seashore staff if they notice nesting activity that has not already been marked with signage or fencing. The NPS will continue to provide information on all nesting species within the Seashore.

While the selected alternative will potentially expose these species to increased disturbance from ORVs and pedestrians, it will not inhibit the Seashore’s ability to protect federally and state-listed species. Prenesting closures and wildlife protection buffers will continue to provide a safe habitat to allow all listed species to nest and forage undisturbed within the Seashore.

Wildlife protection buffers will continue to provide educational opportunities for visitors, ranging from species protection requirements to recovery goals. Current and future generations will continue to have the opportunity to appreciate and experience listed species within the Seashore. Therefore, the selected alternative will not result in impairment.

Non-listed Shorebirds

Part of the significance of the Seashore is the preservation of natural landscapes as well as the unique flora and fauna found within them, as noted in the Seashore’s 2006 – 2011 Strategic Plan. Under the selected alternative, non-listed shorebirds may experience increased disturbance from human and vehicle presence. Occasional responses by some individuals to disturbance could occur, but wildlife protection buffers or prenesting closures in place for listed species will protect non-listed shorebirds present as well and will therefore help mitigate impacts. Impacts on shorebirds, their habitats, or the natural processes sustaining them will be within the range of natural variability. Sufficient habitat will remain functional to maintain a sustainable population in the Seashore and the selected alternative will not inhibit the Seashore’s ability to provide habitat for non-listed shorebirds. Current and future generations will continue to have the opportunity to experience non-listed shorebirds at the Seashore.

Therefore, the selected alternative will not result in impairment.

SUMMARY

The NPS has determined that implementation of the selected alternative will not constitute an impairment of the resources or values of the Seashore. This conclusion is based on consideration of the park’s purpose and significance, a thorough analysis of the environmental impacts described in the EA, comments provided by the public and others, and the professional judgment of the decisionmaker guided by the direction of NPS Management Policies 2006.

B-1

ATTACHMENT B—ERRATA

Global

Throughout the EA, Bitter Wash Creek should be South Bitterswash Creek.

Throughout the EA, Ramp 45 should be old Ramp 45.

Chapter 2

Page 33 - Access Improvements

In addition to including the soundside access improvements on Ocracoke Island described for alternative 1, alternative 2 would extend the existing interdunal (bypass) road at Cape Point south of the Salt Pond at the narrows. This existing bypass road would be extended approximately 0.4 mile north to Ramp 44 and approximately 600 feet south towards Cape Point. The extension may improve access to Cape Point at some times when certain resource closures are in place. The bypass road would be extended behind the overwashed dunes. The 0.4-mile extension would be approximately 30 feet wide. Construction would be minimal because the road would be primitive and there is little vegetation in this location.

Pages 38 and 40, Figures 25 and 27. Figures have been update to reflect correct terminology of old

Ramp 45 and South Bitterswash Creek. The approximate location of the parking area at Ramp 45 has been adjusted further from the shoreline. Revised figures are provided at the end of the errata.

Page 42 - Figure 29. Figure has been updated to reflect the addition of 600 feet of bypass road. Revised figures are provided at the end of the errata.

Page 53 – Alternatives Considered but Dismissed from Detailed Analysis

Insert the following text:

Designate Additional Vehicle-Free Areas.

During the public scoping period, commenters requested that additional VFAs be designated within the Seashore as part of an alternative. The NPS considered this request, but found it to be beyond the scope of the EA, which is to consider modifications as required by the NDAA. In light of the other provisions of the NDAA section related to the Seashore, and its overall intent of expanding ORV access, simple addition or expansion of VFAs did not appear to fall within the purpose of the NDAA.

Chapter 4

Page 76 – Cumulative Impacts

North Carolina Highway 12 Protection Activities Special Use Permit – Beach Nourishment EA. NPS is a cooperating agency with the US Army Corps of Engineers on reviewing a special use permit request from Dare County for beach nourishment along NC-12 north of Buxton Village along 3 miles of the Seashore. There is a narrow isthmus north of Buxton that is regularly overwashed during storm events, leading to emergency closures of NC-12. An EA was prepared, and the preferred alternative would involve placing 2.6 million cubic yards tons of material on about 3 miles of beach during the summer months. NPS has not issued a decision document yet;

B-2 however, the timeframe for the preferred alternative would include work being completed between May and August in the year the project is approved and funded. Potential impacts relevant to this EA include socioeconomics, state and federally-listed species, non-listed shorebirds, and visitor use and experience

Page 79 – Wetlands

Under all action alternatives, soundside access would be constructed on Ocracoke Island, including road improvements and parking area construction at Bitter Wash Creek South Bitterswash Creek and Devil Shoals Road sites. Long-term, adverse impacts would occur in these areas where fill (sand, crushed shell, and clay) has to be added to any wetland areas to stabilize soils for the parking or road base. A wetland delineation determined that any direct wetland impacts from access improvements can be avoided. Direct wetland impacts would be avoided by siting the roads and parking areas in uplands that are available in that general vicinity or areas that have been previously disturbed and routing the trail at South Bitterswash Creek and Devil Shoals Road to avoid impacts on estuarine wetlands.