Report_1_NEPA_NPS_EA.pdf

PRICE PROPOSAL TO PREPARE:

Bayside Picnic and South Ocean Beach Parking Areas Removal and Relocation Environmental Assessment

National Park Service U.S. Department of the Interior

Assateague Island National Seashore Maryland

August 2013

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Bayside Picnic and South Ocean Beach Parking Areas Removal and Relocation Environmental Assessment

ASSATEAGUE ISLAND NATIONAL SEASHORE

Worcester County, Maryland

August 2013

The National Park Service (NPS) at Assateague Island National Seashore has prepared this envi-ronmental assessment to analyze the effects of removing and relocating the Bayside Picnic and South Ocean Beach Parking Areas, located in Maryland. The purpose of this project is to re-move and relocate the Bayside Picnic and South Ocean Beach Parking Areas to locations that are less exposed to the elements and less susceptible to damage from future storm events to provide continued visitor access to these areas of the national seashore.

Two alternatives were analyzed for meeting the objectives of the plan:

Alternative A, No Action / Continue Current Management: The National Park Service would continue to use and maintain the existing Bayside Picnic Parking Area, the South Ocean Beach Parking Area, and Life of the Dunes Trail Parking Area with no changes to the current infra-structure or locations. This alternative represents a continuation of existing management and provides a baseline for evaluating the impacts of the action alternative.

Alternative B, Removal and Relocation of Parking Areas: The existing Bayside Picnic, South Ocean Beach, and Life of the Dunes Trailhead Parking Areas would be removed and the Bayside Picnic Parking Area and South Ocean Beach Parking Area would be relocated to locations that are less exposed to the elements and less susceptible to damage from future storm events. Im-plementing these approaches would provide future visitor access to these areas of the national seashore and limit operational expenses associated with maintaining the existing parking area locations. Additionally, the removal of the existing parking area at South Ocean Beach would enable natural processes to prevail, allowing the build-up of primary dunes, increasing stabiliza-tion, and allowing for better management of the dune landscape.

Neither of the alternatives analyzed in this environmental assessment are likely to result in sig-nificant environmental impacts.

PUBLIC COMMENT

If you wish to comment on the environmental assessment, you may mail comments to the name and address below or post comments online at http://parkplanning.nps.gov/asis. This environ-mental assessment will be on public review for 30 days. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment – including your personal identifying information – may be made publicly available at any time. Although you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

Please address written comments to:

Deborah Darden, Superintendent Assateague Island National Seashore Attn: Bayside Picnic and South Ocean Beach Parking Areas Removal and Relocation EA 7206 National Seashore Lane Berlin, MD 21811

United States Department of the Interior • National Park Service

CONTENTS

CHAPTER 1: PURPOSE OF AND NEED FOR ACTION 1

ASSATEAGUE ISLAND NATIONAL SEASHORE 1

PROJECT BACKGROUND 1

PURPOSE OF THE ACTION 7

NEED FOR THE ACTION 7

PROJECT GOALS AND OBJECTIVES 7

RELATIONSHIP TO PREVIOUS PLANNING EFFORTS 8

SCOPING PROCESS AND PUBLIC PARTICIPATION 8

ISSUES AND IMPACT TOPICS 8

Retained Impact Topics 8 Impact Topics Considered but Not Further Analyzed 9

CHAPTER 2: ALTERNATIVES 17

INTRODUCTION 17

ALTERNATIVE A: NO ACTION / CONTINUE CURRENT MANAGEMENT 18

Parking Areas – Condition, Location, Size, and Building Materials 18 Pedestrian Access and Circulation 21 Visitor Amenities 22

ALTERNATIVE B: REMOVE AND RELOCATE PARKING AREAS AND CORRESPONDING VISITOR AMENITIES

(THE NPS PREFERRED ALTERNATIVE) 26

Parking Areas – Location, Size, and Building Materials 26 Pedestrian Access and Circulation 28 Visitor Amenities 29

MITIGATION MEASURES 35

Water Resources (Including Coastal Processes, Floodplains, and Wetlands) 35 Visitor Use and Experience and Recreation Resources 35 Public Health and Safety 36 Park Operations 36 General Construction Best Management Practices 36

ALTERNATIVES AND ACTIONS DISMISSED FROM FURTHER CONSIDERATION 38

Use of Asphalt Paving 38 Alternative Locations for the Proposed Bayside Picnic and South Ocean Beach Parking Areas 38

THE PREFERRED ALTERNATIVE AND ENVIRONMENTALLY PREFERABLE ALTERNATIVE 39

The Alternative Preferred by the National Park Service 39 The Environmentally Preferable Alternative 39

SUMMARY COMPARISON OF THE ALTERNATIVES 40

CHAPTER 3: AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES 49

INTRODUCTION 49

GENERAL METHODS FOR ANALYZING IMPACTS 50

TYPE OF IMPACT 50

IMPACT INTENSITY, CONTEXT, AND SIGNIFICANCE 50

Cumulative Impact Analsyis 51 Geographic Analysis Area 52 Climate Change / Sea-level Rise 52

COASTAL PROCESSES 55

Affected Environment 55 Impact Analysis Methods 57 Alternative A: No Action / Continue Current Management 58 Alternative B: Relocate the Bayside Picnic Parking Area and South Ocean Beach Parking Area and

Corresponding Visitor Amenities 59

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CONTENTS

FLOODPLAINS 61

Affected Environment 61 Impact Analysis Methods 62 Alternative A: No Action / Continue Current Management 62 Alternative B: Relocate the Bayside Picnic Parking Area and South Ocean Beach Parking Area and

Corresponding Visitor Amenities 63

WETLANDS 65

Affected Environment 65 Impact Analysis Methods 66 Alternative A: No Action / Continue Current Management 67 Alternative B: Relocate the Bayside Picnic Parking Area and South Ocean Beach Parking Area and

Corresponding Visitor Amenities 67

VISITOR USE AND EXPERIENCE AND RECREATIONAL RESOURCES 69

Affected Environment 69 Impact Analysis Methods 70 Alternative A: No Action / Continue Current Management 71 Alternative B: Relocate the Bayside Picnic Parking Area and South Ocean Beach Parking Area and

Corresponding Visitor Amenities 72

PUBLIC HEALTH AND SAFETY 74

Affected Environment 74 Impact Analysis Methods 75 Alternative A: No Action / Continue Current Management 75 Alternative B: Relocate the Bayside Picnic Parking Area and South Ocean Beach Parking Area and

Corresponding Visitor Amenities 76

PARK OPERATIONS 78

Affected Environment 78 Impact Analysis Methods 78 Alternative A: No Action / Continue Current Management 79 Alternative B: Relocate the Bayside Picnic Parking Area and South Ocean Beach Parking Area and

Corresponding Visitor Amenities 80

CHAPTER 4: CONSULTATION AND COORDINATION 83

SCOPING 83

Internal Scoping 83 External Scoping 83

CONSULTATION 84

LIST OF PREPARERS 85

LIST OF RECIPIENTS 86

CHAPTER 5: REFERENCES 89

BIBLIOGRAPHY 89

APPENDIX A: SCOPING LETTERS 93

APPENDIX B: COASTAL ZONE MANAGEMENT ACT CONSISTENCY DETERMINATION 103

APPENDIX C: FLOODPLAIN STATEMENT OF FINDINGS 133

APPENDIX D: WETLAND STATEMENT OF FINDINGS 147

APPENDIX E: RELOCATION OF BAYSIDE PICNIC AND SOUTH OCEAN BEACH PARKING AREAS PLANS 163

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Contents

FIGURES

FIGURE 1: ASSATEAGUE ISLAND NATIONAL SEASHORE MAP 3

FIGURE 2: PROJECT AREA MAPS 5

FIGURE 3: EXISTING BAYSIDE PICNIC PARKING AREA INUNDATED WITH WATER SHORTLY AFTER HURRICANE

SANDY 19

FIGURE 4: EXISTING SOUTH OCEAN BEACH PARKING AREA PRE-HURRICANE SANDY (LEFT) AND COVERED WITH

SAND POST-HURRICANE SANDY (RIGHT) 20

FIGURE 5: EXISTING LIFE OF THE DUNES NATURE TRAIL PARKING AREA 21

FIGURE 6: BAYSIDE PICNIC PARKING AREA – ALTERNATIVE A, NO-ACTION / CONTINUE CURRENT

MANAGEMENT 24

FIGURE 7: SOUTH OCEAN BEACH AND LIFE OF THE DUNES NATURE TRAIL PARKING AREA – ALTERNATIVE A, NO-ACTION / CONTINUE CURRENT MANAGEMENT 25

FIGURE 8: BAYSIDE PICNIC PARKING AREA – ALTERNATIVE B, REMOVE AND RELOCATE PARKING AREAS AND

CORRESPONDING VISITOR AMENITIES 31

FIGURE 9: SOUTH OCEAN BEACH PARKING AREA – ALTERNATIVE B, REMOVE AND RELOCATE PARKING AREAS

AND CORRESPONDING VISITOR AMENITIES 33

FIGURE 10. SEA-LEVEL RISE PROJECTIONS IN MARYLAND 53

TABLES

TABLE 1: COMPARISON OF THE ALTERNATIVES 41

TABLE 2: SUMMARY OF THE IMPACTS OF THE ALTERNATIVES 45

TABLE 3: PREPARERS 85

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Chapter 1: Purpose Of and Need for Action

ASSATEAGUE ISLAND NATIONAL SEASHORE

On September 21, 1965, Public Law 89-195 established Assateague Island National Seashore as a unit of the National Park System to protect the natural resources and recreational values of As-sateague Island and adjacent coastal waters. The authorized boundary includes approximately 48,700 acres of land and water in Maryland and Virginia. Of this, 8,400 acres in Virginia are managed as Chincoteague National Wildlife Refuge, and 600 acres are managed as Assateague State Park in Maryland. The mission of the national seashore is to preserve the unique coastal resources of Assateague Island and the natural ecosystem conditions and processes upon which they depend, while providing high quality resource-based recreational and educational oppor-tunities.

Today, Assateague Island National Seashore is nationally significant because it:

• is part of a natural system with geologic processes unique to barrier islands, characterized by constant change both seasonally and daily, subtle and dramatic.

• is one of the last surviving undeveloped shorelines along the east coast of the United States. Assateague’s 37 miles of barrier beach and bay are a remnant of a natural continu-um of islands that once stretched from Cape Cod to Mexico.

• is characteristic of the ecological habitats normally associated with barrier island systems including ocean, beach, dunes, maritime forest, inlets, salt marshes, and bays.

• is a permanent and temporary home to a great diversity of land and aquatic life, including rare species that depend on the unique habitats that result from the overlap of northern and southern habitat zones and the confluence of estuarine and ocean waters.

• is a critical natural landform in the path of the Atlantic Flyway serving as a major stopover for migratory birds.

• is one of the few publicly accessible places along the developed East Coast where visitors can experience unimpaired seashore values such as clean ocean water and beaches, unde-veloped bay and marshlands, natural sounds, quiet, solitude, natural viewsheds and night skies.

• is a premier outdoor recreational and educational resource offering outstanding opportu-nities for hiking, camping, nature study, beach combing, fishing, hunting, shellfishing, swimming, birding, biking, picnicking, recreational off-road vehicle (ORV) use, as well as many other leisure and educational activities.

• is home to the Assateague feral horses made famous by the book “Misty of Chincoteague” and provides a unique opportunity to view free-roaming horses in a natural barrier island setting.

PROJECT BACKGROUND

The Bayside Picnic Parking Area is located on Chincoteague Bay, just west of the Bayside Camp-ing Area, and at the terminus of Bayside Drive (see figure 1). Bayside Drive turns west off of Bayberry Drive approximately ¼ mile south of the national seashore entrance station. The park-ing area provides access to various activities on Chincoteague Bay including boating, shellfishing, sunbathing, and picnicking, to name a few.

The South Ocean Beach Parking Area is located approximately 1 ¼ miles south of the national seashore entrance station to the southeast of the roundabout (see figures 1 and 2). The parking

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CHAPTER 1: PURPOSE OF AND NEED FOR ACTION

area provides access to South Ocean Beach and the paved bike path along Bayberry Drive. The Life of the Dunes Nature Trail Parking Area is located approximately 1 ¼ miles south of the na-tional seashore entrance and to the southwest of the roundabout (see figures 1 and 2). The park-ing area provides access to the Life of the Dunes Nature Trail and the bike path. This parking area also serves as overflow for South Ocean Beach during peak visitation.

In October, 2012 Hurricane Sandy affected 24 states from Florida to New England causing hun-dreds of millions of dollars of damage to property. Between October 26 and 30, 2012, President Obama issued Major Disaster declarations in the States of New Hampshire, New York, and Connecticut; and Emergency declarations in the States of New Hampshire, Virginia, West Vir-ginia, Delaware, Rhode Island, Pennsylvania, Maryland, Massachusetts, and the District of Co-lumbia. These declarations in the states of New York, New Jersey and Maryland entitle eligible projects to receive relief through the Emergency Relief for Federally Owned Roads program which supports the federal response to the disasters and emergencies. Established in 1977, the mission for the Emergency Relief for Federally Owned Roads’ program is to provide funding and engineering services to restore access to public lands.

In response to the immediate need to repair damage from the hurricane and to reestablish visi-tor services, preliminary damage survey reports were prepared to identify and document specif-ic work items to be completed. The damage survey reports for the Bayside Picnic and South Ocean Beach Parking Areas are summarized below. Both parking areas are located in the north-ern half of the national seashore within the state of Maryland. The NPS disaster number for this project is MD2013-1-NPS.

Bayside Picnic Parking Area (PMIS 194834) – The initial damage survey reports prepared for this project identified the need to remove and replace approximately 650 square yards of exist-ing asphalt pavement in kind and to reconstruct a previously existing boardwalk which had washed away during the storm. The asphalt parking area was designed to accommodate up to 75 vehicles, but has been eroding away due to storm activity over the past 10 years. As a result, the parking area has been reduced in size or moved farther from the shore’s edge several times. The national seashore has since determined that the existing location of the parking area remains vulnerable to future storm activity and has requested that it be relocated to an area less suscepti-ble to damage.

South Ocean Beach Parking Area (PMIS 194874) – The initial damage survey reports prepared for this project identified replacement in kind, to include removal of sand, repair pavement and curb, replace curb stops, restore parking islands, and replace pavement markings. However, this asphalt paved parking area, designed to accommodate 66 vehicles, continues to be enveloped by sand as the barrier island is influenced by ocean currents.

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C H I N C O T E A G U E N A T I O N A L W I L D L I F E R E F U G E

North

0 1

0 1 2 Miles

2 Kilometers

Barrier Island Visitor Center National Park Headquarters

Toms Cove Visitor Center National Park Service

Chincoteague Wildlife Refuge

Visitor Center Fish and Wildlife Service

Pony swim

R ecommended travel route

A S S A T E A G U E I S L A N D N A T I O N A L S E A S H O R E

Assat eague Is land Na tional Seashore Bou ndary

A T L A N T I C O C E A N

Pope Bay

Green Run Bay

CHINCOTEAGUE

INLETJOHNSON

BAY

TOMS

COVE

C H I N C O T E A G U E B A Y

Snow Goose Pool

Swan Pool

Tingles N arrow s

O ce an C ity In le t

NEWPORT

BAY

SINEPUXENT BAY

P oc omoke R iver

VIR

G

IN

IA

M A

RYLA

N D

ASSATEAGUE STATE PARK

State Park Entrance Station

OCEAN CITY

BERLIN

SNOW

HILL

CHINCOTEAGUE

A S S A T E A G U E

I S L A N D

Refuge Headquarters

North Ocean Beach

Oceanside

Old Ferry Landing Clamming Crabbing

Bayside

Life of the Marsh Nature Trail

South Ocean Beach

Ocean City Harbor

Ocean City Chamber of Commerce

National Seashore Entrance Station Campground Registration Office

Campground Registration Office

NASA

Visitor Center

To North Ocean City

To Wilmington

To Salisbury, Baltimore, and Washington

To Salisbury

To Pocomoke River State Park (0.5mi / 0.8km) To and Pocomoke City

To and Pocomoke City To Norfolk via Bay Bridge Tunnel

WALLOPS

ISLAND

(NASA)

WALLOPS

FLIGHT FACILITY

(NASA)

Fishing Point

Stockton

Public Landing

Girdletree

Newark

B each R d

Main S t R idge R d

TOMS

HOOK

COVE

Former

USCG

Station

USCG

Lighthouse

Fireman Carnival Grounds

Wildcat Marsh

Woodland Trail

State Line

Pope Bay

Green Run Pine Tree

Tingles

Life of the Dunes re Trail rest Nature Trail

Little Levels

Off-road vehicle route (permit required)

Wildlife Loop (vehicles permitted 3pm to dusk)

Off-road vehicle route (permit required)

M ad do x

B lv d C hu rc h S t

Main S t

B ayberry Dr

W A S H F L AT S

10mi/16km of wild beach (foot access only)

C H I N C O T E A G U E

I S L A N D Bunting Rd Mills Island

Pirate IslandsSouth

Point

Crabbing

Crabbing

Clamming

Crabbing

Snack Bar

FOX HILL

LEVEL

The National Park Service assists the U.S. Fish and Wildlife Service in interpretation and recreation management on the Toms Cove Hook portion of Chincoteague Refuge. Refuge regulations apply on the Hook.

The 50-mile distance between the north and south ends of the island takes about 1 1⁄4 hours to drive. We recommend the route shown in red on the map.

Recommended travel route

Hiker/Biker trail (paved)

Hiking trail

Off-road vehicle route (permit required)

National Wildlife Refuge lands

National Park Service lands

State Park lands Refuge area closed to public March 15 through August 31

Public campground

Campsite: backpack in only

Campsite: backpack or canoe in

Lifeguarded beach

Picnic area

Canoe access

Boat launch

Project Areas

Figure 1: Assateague Island National Seashore Map Assateague Island National Seashore

United States Department of the Interior / National Park Service

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Figure 2: Project Area Maps

United States Department of the Interior / National Park Service Approximate Project Areas

0 100 20050 Feet

0 25 5012.5 Meters

North

Existing Bayside Picnic Parking Area

Existing South Ocean Beach Parking Area

Existing Life of the Dunes Nature Trail Parking Area

Purpose of the Action

PURPOSE OF THE ACTION

The purpose of this project is to remove and relocate the Bayside Picnic and South Ocean Beach Parking Areas to locations that are more sustainable as a result of being less exposed to the ele-ments, less susceptible to damage from future storm events, and to provide continued visitor access to these areas of the national seashore.

NEED FOR THE ACTION

The project is needed for the following reasons:

• The existing parking lot locations are vulnerable to reoccurring storm activity and suscep-tible to damage.

• The necessary clean up and repair to the parking areas required after reoccurring storm events places a burden on park operations.

• Prolonged parking area closures limit the national seashore’s ability to provide high quali-ty resource based recreational opportunities to the public.

• The continued erosion and encroachment of shorelines on the asphalt and boardwalks at both locations serve as a source of manmade debris into Chincoteague Bay, the Atlantic Ocean, and along the surrounding shoreline.

• Maintaining the current location of the South Ocean Beach Parking Area is altering the evolution of landforms on the island by affecting the natural inland migration of the adja-cent sand dunes.

An environmental assessment is needed to evaluate the environmental impacts of removal and relocation of the Bayside Picnic and South Ocean Beach Parking Areas at Assateague Island Na-tional Seashore. The National Park Service has prepared this environmental assessment in co-operation with the Federal Highway Administration (FHWA) Eastern Federal Lands Highway Division. This environmental assessment has been prepared in accordance with the require-ments of the National Environmental Policy Act of 1969, as amended and its implementing reg-ulations (40 CFR 1500-1508), and NPS Director’s Order #12, Conservation Planning, Environ-mental Impact Analysis, and Decision-Making (DO-12, 2011) and accompanying DO-12 Hand-book (2001).

PROJECT GOALS AND OBJECTIVES

Objectives are specific statements of purpose, and describe what must be accomplished to a large degree for the project to be considered a success. This will allow the National Park Service to decide on alternative actions. The following objectives were developed for this environmen-tal assessment:

• Relocate and redesign both the Bayside Picnic and South Ocean Beach parking areas to be more sustainable in both form and function.

• Design both parking areas to provide visitors safe access and circulation to adjacent areas and maintain compliance with the Americans with Disabilities Act (ADA).

• Minimize harm to sensitive natural or cultural resources when removing and relocating the parking areas.

• Maintain the current level of use and parking capacity for visitors at the Bayside Picnic and South Ocean Beach areas.

• Reduce the national seashore’s footprint by using native materials where possible and re-move existing asphalt.

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CHAPTER 1: PURPOSE OF AND NEED FOR ACTION

RELATIONSHIP TO PREVIOUS PLANNING EFFORTS

The National Park Service has developed plans and implemented actions that could affect or be affected by removing and relocating the Bayside Picnic and South Ocean Beach Parking Areas.

In addition, other regional plans and actions exist that could affect or be affected by the pro-posed action. These plans and actions include general management planning, alternative trans-portation planning, and resource management within Assateague Island National Seashore, and coastal zone management plans as described in chapter 3. The potential relevance of these plan-ning efforts to the proposed action are described further in chapter 3 and considered within the cumulative analysis.

SCOPING PROCESS AND PUBLIC PARTICIPATION

Scoping is an early and open process to determine the breadth of environmental issues and al-ternatives to be addressed in an environmental assessment. Assateague Island National Seashore conducted both internal scoping with appropriate Federal Highway Administration Eastern Federal Lands Highway Division and NPS staff and external scoping with the public and inter-ested or affected groups.

Internal scoping was conducted on June 4, 2013 by staff members from Assateague Island Na-tional Seashore, the Federal Highway Administration Eastern Federal Lands Highway Division, planning professionals from the NPS Denver Service Center, and design engineers. This inter-disciplinary planning team defined the purpose and need, identified potential actions to address the need, determined what the likely issues and impact topics would be, and identified the rela-tionship, if any, of the proposed action to other planning efforts at the national seashore.

The public and other non-governmental organizations were informed of the proposed action by a scoping letter distributed on July 8, 2013. Consultation with other agencies was also initiated by letter on July 8, 2013. The National Park Service also issued a press release July 8, 2013 to an-nounce the environmental assessment and solicit public comments during a 30 day comment period ending on August 9, 2013.

ISSUES AND IMPACT TOPICS

This section identifies potential project-related issues, the resources, and other values (impact topics) that could be affected by the proposed action and its alternatives. Candidate impact top-ics for this environmental assessment were identified from: internal and public scoping; federal laws, regulations, and orders; NPS guidance such as Management Policies 2006 (NPS 2006); and NPS knowledge of national park resources.

Based on the issues identified during scoping, the following impact topics were carried forward for further analysis in chapter 3 of this environmental assessment. A number of potential impact topics were initially considered but then dismissed from detailed analysis. These are also de-scribed below.

RETAINED IMPACT TOPICS

For the impact topics that were retained for detailed analysis, issues associated with these topics are addressed in the analysis of the proposed actions and alternatives in chapter 3. The issues were identified by the interdisciplinary team and by the public during the public scoping period.

Coastal Processes – In general, natural shoreline processes (such as erosion, deposition, overwash, shoreline migration) would be allowed to continue without interference by parking area relocation and removal activities. The relocation of these parking areas further inland would benefit these processes by allowing them to occur naturally without the need to maintain

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Issues and Impact Topics visitor parking areas. There would continue to be alteration of the coastal environment related to storms, hurricanes, other natural events, and climate change. The National Park Service will comply with the provisions of Executive Order 11988 (Floodplain Management) and Maryland coastal zone management plans prepared under the Coastal Zone Management Act. As defined by the Coastal Zone Management Act, the actions subject to the enforceable polices of ap-proved state management programs are any actions that (1) cause changes in the manner in which land, water, or other coastal zone natural resources are used, (2) cause limitations on the range of uses of coastal zone natural resources, or (3) cause changes in the quality or quantity of coastal zone natural resources. Parking area relocation and removal activities would occur with-in the coastal zone; therefore, this impact topic was retained for analysis. A federal consistency determination in accordance with Coastal Zone Management Act is included in appendix B.

Floodplains – According to Federal Emergency Management Agency (FEMA) flood insurance rate maps (community panel number 240083 0200 C), both the Bayside Picnic and South Ocean Beach Parking Areas fall within the 100-year floodplain. The National Park Service will comply with the provisions of Executive Order 11988 (Floodplain Management) and NPS Director’s Or-der #77-2. A floodplains statement of findings was written in compliance with these orders and is included in appendix C. Therefore, this impact topic was retained for analysis.

Wetlands – There are several small wetland areas near the proposed parking areas and within the areas being considered for a pedestrian walkway near the South Ocean Beach Parking Area.

These wetland areas were delineated and considered during planning and alternative prelimi-nary design. The National Park Service will comply with the provisions of Executive Order 11990 (Protection of Wetlands) and NPS Director’s Order #77-1. A wetlands statement of find-ings was written in compliance with these orders and is included in appendix D. There is poten-tial for wetland impacts to occur; therefore wetlands were carried forward for further assess-ment.

Visitor Use and Experience and Recreation Resources – The parking areas currently have several different user groups including commercial use. Parking area relocation and removal activities could affect public access and the visitor experience of these areas of the national sea-shore. There could also be temporary closures of parking areas during construction that could affect visitors. Therefore, visitor use and experience is addressed as an impact topic in this envi-ronmental assessment.

Public Health and Safety – The relocation of both parking areas would increase the walking distance for some visitors depending on what area of the national seashore they were trying to access. Visitors to the South Ocean Beach Parking Area would need to cross the road in order to access South Ocean Beach. There would be potential concerns for people crossing the road that could affect the potential for accidents and/or collisions. Therefore, this impact topic was re-tained for analysis.

Park Operations – Temporary closure of parking areas could affect park operations during construction timeframes. Additionally, the use of a sea shell clam aggregate and clay surfacing material would result in a new standard of maintenance for the individual parking areas. As a result of the potential impacts to the national seashore staff, park operations were retained as an impact topic for further evaluation.

IMPACT TOPICS CONSIDERED BUT NOT FURTHER ANALYZED

This section explains why some impact topics were not evaluated in more detail. Impact topics were dismissed from further evaluation either because the resource does not occur in the area or because implementing the alternatives would have only negligible to minor impacts on the resource or value.

Air Quality – Emissions of particulates that could affect air quality, including visibility in the general vicinity of the project areas, could temporarily increase during preparation, installation, -9-

CHAPTER 1: PURPOSE AND NEED FOR ACTION

and the subsequent removal of the parking areas from the use of motorized equipment at the site and from exhaust from gasoline- or diesel-powered vehicles and equipment. This equip-ment would also temporarily emit air pollutants. However, activities requiring the use of ma-chinery would not be expected to be long-term. Mitigation measures described in more detail in the “Alternatives” chapter (such as dust suppression) would be employed to minimize or avoid potential effects on air quality. Because of the short-term and localized nature of the operation, impacts to air quality from preparation, installation, and the subsequent removal of the parking areas would be negligible. This impact topic was, therefore, dismissed from further analysis.

Ecologically Critical Areas or Other Unique Natural Resources – The proposed action and alternatives being considered would not affect any designated ecologically critical areas, wild and scenic rivers, or other unique natural resources, as referenced in the Wild and Scenic Rivers Act, NPS Management Policies 2006, 40 Code of Federal Regulations [CFR] 1508.27, or the 62 cri-teria for national natural landmarks. Therefore, the topic was not retained for further analysis.

Geological Resources – Both parking areas are located in areas that have been previously dis-turbed. They are underlain by loamy soils and sandy marine deposits. Bedrock blasting would not be needed to install project components. The area disturbed to relocate the parking areas would be limited to the near surface and therefore disturbance of soils would be negligible. Pro-posed site activities would not alter geologic features, and site geology would not affect the in-stallation or maintenance of the parking areas. Therefore, geology was dismissed from further consideration.

Marine or Estuarine Resources – Parking area relocation and removal activities would be con-ducted on upland environments of the national seashore and a buffer would be maintained be-tween these resources and the construction areas. Best management practices would be con-ducted during parking area relocation and removal activities to prevent any damage to estuarine resources by personnel, vehicles, or use. Stormwater management is addressed under the water quality impact topic. Therefore, impacts to marine or estuarine resources would be negligible and this impact topic was dismissed from further analysis.

Soundscapes – An important part of the NPS mission is to preserve the natural soundscapes.

During relocation and removal of the parking areas and/or associated activities, sounds from equipment and work crews would increase. Best management practices would be employed during these activities to minimize noise. Sounds generated from relocation and removal of the parking areas and the associated activities would be temporary, lasting only as long as the con-struction activity was occurring.

In the long-term, the use of the relocated parking areas would not measurably increase sound levels from those produced by the parking areas in their existing locations. Adverse impacts on soundscapes due to relocation and removal activities would be negligible to minor. Therefore, this topic was dismissed from further analysis.

Special Status Species – The Endangered Species Act of 1973 requires examination of impacts to all federally-listed threatened, endangered, and candidate species. Section 7 of the Endan-gered Species Act requires all federal agencies to consult with the U.S. Fish and Wildlife Service to ensure that any action authorized, funded, or carried out by the agency does not jeopardize the continued existence of listed species or critical habitats. NPS Management Policies 2006 and Director’s Order #77 Natural Resources Management Guidelines require the National Park Ser-vice to proactively conserve listed species and prevent detrimental effects on these species, as well as to examine the impacts to federal candidate species, and state listed threatened, endan-gered, candidate, rare, declining, and sensitive species. In addition, many bird species in the pro-ject area are protected by the Migratory Bird Treaty Act of 1918. This act protects migratory birds, their parts, and nests or eggs.

Special status species and/or habitat are not known to occur within the vicinity of the two park-ing areas. Park records and field surveys did not identify any special status species and/or habitat

-10-concerns. There would be no disturbance to wetlands or intertidal areas under the proposed action and the proposed new parking area locations would provide a larger set-back from the shoreline and a larger vegetative buffer that would benefit these sensitive habitats. This impact topic is, therefore, dismissed from further analysis.

Vegetation - According to NPS Management Policies 2006, the National Park Service strives to maintain all components and processes of naturally evolving park unit ecosystems, including the natural abundance, diversity, and ecological integrity of plants (NPS 2006). Parking area reloca-tion and removal activities associated with the South Ocean Beach Parking Area would occur within the approximate footprint of the existing Life of the Dunes Nature Trail Parking Area and would therefore disturb, displace, and/or compact very little vegetation.

Parking area relocation and removal activities associated with the Bayside Picnic Parking Area would occur within a currently vegetated area. Under the proposed action, less than two acres of vegetation would be cleared for the new parking area. When compared to the similarly vege-tated acreage of the national seashore, including nearby areas on the Bayside Peninsula, the square footage of the vegetation impacted would be minor. This impact topic is, therefore, dis-missed from further analysis. The National Park Service is submitting a Consistency Determina-tion (provided in appendix B) to the State of Maryland in accordance with the Coastal Zone Management Act and will comply with all applicable policies regarding vegetation.

Water Quality – Limited construction of parking areas would result in a limited amount of ground-disturbing activity (approximately 148,000 square feet)) and the associated potential for soil erosion and storm water runoff. Best management practices would be implemented to avoid and minimize potential effects to water quality and hydrology. Aquatic resources in the nearby Chincoteague Bay and Atlantic Ocean would not be adversely affected because erosion and sed-iment control measures and best management practices would be used to address runoff. Previ-ously disturbed areas where the former parking areas stood would be allowed to re-vegetate.

The National Park Service would coordinate with the Maryland Department of Environment with regard to any permit requirements to address stormwater. Any impacts to water quality would be expected to be negligible; therefore this impact topic was not further addressed.

Wilderness – There are no areas currently designated as wilderness in the national seashore. It is also unlikely that any land within the proposed project areas would meet the criteria estab-lished in the Wilderness Act of 1964 (16 United States Code 1131, et seq.) – that the “imprint of man’s work substantially unnoticeable” – because of existing development and facilities. This impact topic is therefore dismissed from further analysis.

Wildlife and Fish – During construction there could be a temporary disturbance or displace-ment of wildlife common to the project areas and its environs. Adjacent areas, however, would continue to provide abundant nesting, escape, and protective cover. Some small animals may be forced to relocate to areas outside the general project area, but this is not expected to have any long-term adverse effect upon local populations. Wildlife would be expected to reoccupy the general project area following construction.

Assateague Island falls within the Atlantic migratory flyway and birding is a popular activity at the Bayside Picnic Area and throughout the park. Migratory birds frequently converge along the eastern shore of Sinepuxent Bay near the northwest portion of Assateague Island National Sea-shore during fall and spring migrations. The Bayside Picnic Area is popular with the birding community because it provides access to view this convergence. The shrub-scrub and wooded areas adjacent to the existing Bayside Picnic Parking Area provide a resting place for some of these birds. Under the proposed action, less than two acres of vegetation would be cleared for the new parking area. The entire Bayside Peninsula consists of approximately 78 acres and pockets of shrub-scrub and forested habitat can be found throughout the peninsula as well as on most of the islands numerous bayside peninsulas and along the western shore of Assateague Is-land. Clearing activities would take place in the winter prior to the peak spring bird migration

-11-season and the vegetative area that would need to be cleared for the proposed action does not include any migratory bird nesting areas. Due to the small portion of shrub-scrub and wooded habitat that would be removed under the proposed action and the availability of similarly vege-tated areas nearby, impacts to migratory birds would be considered minor.

Overall, any impacts to wildlife would be considered negligible to minor; therefore, this impact topic was dismissed from further analysis. The National Park Service is submitting a Consisten-cy Determination (provided in appendix B) to the State of Maryland in accordance with the Coastal Zone Management Act and will comply with all applicable policies regarding wildlife and fish.

Archaeological Resources and Historic Structures – Efforts to identify cultural resources in the project area included a site files search at the Maryland Historical Trust, archival research, literature review, and a Phase I archeological survey conducted in May 2013. No archeological resources or historic structures were identified in the project area and no further investigations are required. The National Park Service has determined that implementation of the proposed action would have no effect on historic properties. Consultation with the Maryland State His-toric Preservation Office and the Maryland Historical Trust confirmed their concurrence on the findings of the survey and the determination of “no historic properties affected.” Copies of cor-respondence are included in appendix A.

The National Park Service would ensure that all personnel would be instructed on procedures to follow in case previously unknown archeological resources are uncovered during construc-tion. Should construction unearth previously undiscovered archeological resources, work would cease in the area of any discovery and the park cultural resources specialist would be con-tacted. Consultation with the Maryland State Historic Preservation Officer would be conducted, in accordance with 36 CFR§ 800.13, Post Review Discoveries. In the unlikely event that human remains are discovered during construction, provisions outlined in the Native American Graves Protection and Repatriation Act (1990) would be followed.

Cultural Landscapes – According to the NPS’ Cultural Resource Management (NPS 1998) guideline, a cultural landscape is:

a reflection of human adaptation and use of natural resources and is often expressed in the way land is organized and divided, patterns of settlement, land use, systems of circulation, and the types of structures that are built. The character of a cultural landscape is defined both by physical materials, such as roads, buildings, walls, and vegetation, and by use reflect-ing cultural values and traditions.

According to the NPS cultural landscapes inventory database, no cultural landscapes have been identified within the project area. Therefore, cultural landscapes were dismissed from further analysis.

Indian Trust Resources – Indian trust assets are owned by American Indians but are held in trust by the United States. Requirements are included in the Secretary of the Interior’s Secretari-al Order 3206, “American Indian Tribal Rites, Federal–Tribal Trust Responsibilities, and the Endangered Species Act,” and Secretarial Order 3175, “Departmental Responsibilities for Indi-an Trust Resources.” No Indian trust assets occur within Assateague Island National Seashore.

Therefore, there would be no effects on Indian trust resources resulting from any of the alterna-tives. Therefore, the topic was not retained for further analysis.

Museum Collections – Museum collections (prehistoric and historic objects, artifacts, works of art, archival material, and natural history specimens) would be unaffected by the implementa-tion of either alternative. Surveys completed in support of the proposed action did not yield any museum objects that would require accessioning or cataloguing. The park’s museum collections would continue to be acquired, accessioned/cataloged, preserved, protected, and made available for access and use according to NPS standards and guidelines. Therefore, museum collections were not further analyzed as an impact topic.

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Sacred Sites and Ethnographic Resources – Executive Order 13007 Indian Sacred Sites re-quires federal land managers to accommodate access to and ceremonial use of Indian sacred sites by Native Americans and to avoid adversely affecting the physical integrity of such sites.

Procedures applicable to lands in national parks are defined in part 512, chapter 3 of the De-partment of the Interior Departmental Manual.

Management of ethnographic resources is addressed in chapter 10 of NPS-28: Cultural Resource Management (NPS 1998). This identifies ethnographic resources as “variations of natural re-sources and standard cultural resource types. They are subsistence and ceremonial locales and sites, structures, objects, and rural and urban landscapes assigned cultural significance by tradi-tional users.”

No ethnographic resources or sacred sites have been identified within the national seashore, and therefore these resources were dismissed from further consideration.

Energy Requirements and Conservation Potential – The National Park Service reduces ener-gy costs, eliminates waste, and conserves energy resources by using energy-efficient and cost-effective technologies. Energy efficiency is incorporated into the decision-making process dur-ing the design and acquisition of buildings, facilities, and transportation systems that emphasize the use of renewable energy sources. Under any alternative, the National Park Service would continue to implement its policies of reducing costs, eliminating waste, and conserving re-sources by using energy-efficient and cost-effective technologies (NPS 2006). The National Park Service proposes to eliminate the asphalt at the parking areas, which would eliminate the need for future clearing of sand off the Ocean Beach parking area and other long-term maintenance and resurfacing of the asphalt. This would reduce future energy consumption to support these maintenance activities. The proposed alternatives would not appreciably change other short- or long-term energy use or conservation practices. The fuel used during parking area relocation and removal activities would not result in detectable changes in energy consumption at a local or regional level; therefore this impact topic was dismissed from further evaluation.

Environmental Justice – Executive Order 12898 General Actions to Address Environmental Jus-tice in Minority Populations and Low-Income Populations requires all federal agencies to incorpo-rate environmental justice into their missions by identifying and addressing disproportionately high and adverse human health or environmental effects of their programs and policies on mi-norities and low-income populations and communities. Guidelines for implementing this ex-ecutive order under the National Environmental Policy Act are provided by the Council on En-vironmental Quality. According to the U.S. Environmental Protection Agency (1998), environ-mental justice is defined as:

The fair treatment and meaningful involvement of all people, regardless of race, color, na-tional origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Fair treatment means that no group of peo-ple, including racial, ethnic, or socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and com-mercial operations or the execution of federal, state, local, and tribal programs and policies.

The goal of this “fair treatment” is not to shift risks among populations, but to identify po-tentially disproportionately high and adverse effects and identify alternatives that may miti-gate these impacts.

Residents within the surrounding communities of the park are not disproportionately minority or low-income. The relocation and removal of the parking areas and associated activities would not disproportionately affect low-income or minority populations. Therefore, this topic was dismissed from further consideration.

Natural or Depletable Resource Requirements and Conservation Potential – As directed by NPS Management Policies 2006 (NPS 2006), the National Park Service strives to minimize the short- and long-term environmental impacts of development and other activities through re-

-13-source conservation, recycling, waste minimization, and the use of energy-efficient and ecologi-cally responsible materials and techniques. Although energy and construction materials would be used for parking area relocation and removal activities under the action alternative, none of the proposed alternatives would change the park’s overall energy consumption, use of nonre-newable (depletable) resources, or conservation potential. Thus, this topic was eliminated from further analysis.

Night Skies – Parking area relocation and removal construction activities would occur during daylight hours; therefore, these activities would not affect the visibility of night skies. No light-ing would be used or installed in either parking area and therefore this impact topic was dis-missed from further analysis.

Possible Conflicts with Other Land Use Plans and Policies – A portion of Maryland’s Coastal Zone Management Program includes the Chesapeake Bay and Atlantic Bays Critical Areas. The-se areas were initially designated by the Atlantic Coastal Bays Protection Act of 2002, in an effort to improve and protect the quality of the coastal bays and include all lands within 1,000 ft. of the Chesapeake Bay or an Atlantic Bay. The Act was designed to reverse poor water quality trends by protecting the bays, tributaries, and the land surrounding these resources, as well as support-ing multi-state agreements to protect the bays. Finally, in an action directly related to Assateague Island National Seashore and the project area, the Worcester County shoreline protection set-back and buffer law requires a minimum 25-foot wide vegetated strip within a 50-foot setback on lots created after March 10, 1992 that lie along the tidal waters of the coastal bays and their tidal tributaries. The Bayside Picnic Parking Area falls within this critical area and needs to com-ply with this requirement as being within 1,000 ft. of the Chesapeake Bay or an Atlantic Bay. The appropriate enforceable policies of Maryland Coastal Zone Management Program have been addressed in the Consistency Determination submitted to the State, included as appendix B.

The proposed project would not interfere with plans or policies of Assateague State Park, Chincoteague National Wildlife Refuge, or other regional land use plans. The relationship of this project to other past, present, and reasonably foreseeable actions, within and adjacent to the park, is addressed in the cumulative impact analyses.

Prime and Unique Agricultural Lands – Prime farmland has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops. Unique land is land other than prime farmland that is used for production of specific high-value food and fiber crops. Both categories require that the land is available for farming uses (Council on Environmental Quality 1980). The map of prime and unique agricultural lands and other high-quality prepared by the American Farmland Trust (2002) indicates that these high-value re-sources do not occur in Worcester County, Maryland where the project area of concern is lo-cated. Therefore, this impact topic was not further evaluated. In addition the Worcester County prime farmland natural resource map does not identify any prime farmland within Assateague Island National Seashore (Worcester County Department of Natural Resources 2003). Socio-economics – Section 1508.8 of the Council on Environmental Quality (1978) guidelines for im-plementing the National Environmental Policy Act establishes that “effects” include “ecological, aesthetic, historic, cultural, economic, social, or health.” However, section 1508.14 clarifies that economic and social effects need to be considered only when they are interrelated with natural or physical environmental components regarding effects on the broader “human environment.”

Socioeconomics were eliminated from detailed consideration because the alternatives would involve only negligible potential changes in the…