Report_2_NEPA_NPS_FONSI.pdf

U.S. Department of the Interior National Park Service, Northeast Region

FINDING OF NO SIGNIFICANT IMPACT

BAYSIDE PICNIC AND SOUTH OCEAN BEACH PARKING AREAS

REMOVAL AND RELOCATION ENVIRONMENTAL ASSESSMENT

Assateague Island National Seashore (Worcester County, Maryland)

INTRODUCTION

The National Park Service, in cooperation with the Federal Highway Administration (FHWA) Eastern Federal Lands Highway Division, prepared an environmental assessment to evaluate alternatives for relocating two parking areas to more sustainable locations in response to damage from Hurricane Sandy on October 29, 2013. The Bayside Picnic and South Ocean Beach parking areas are located in positions that are vulnerable to future storm events. Action is needed to address the erosion and encroachment of shorelines on the asphalt and boardwalks at both locations, which serve as a source of manmade debris into Chincoteague Bay, the Atlantic Ocean, and along the surrounding shoreline. The proposed action is also needed to reduce the vulnerability of the parking areas to reoccurring storm activity and damage and thereby reduce the burden on park operations resulting from the required clean up and repair. Additionally, prolonged parking area closures that result from recurring storm damage limit the national seashore’s ability to provide high quality resource based recreational opportunities to the public. 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 adjacent sand dunes.

The environmental assessment evaluated two alternatives: a no-action alternative and one action alternative: Removal and Relocation of Parking Areas, identified as the NPS preferred alternative.

The environmental assessment also analyzed the potential impacts these alternatives would have on the natural and human environment. The environmental assessment was prepared in accordance with National Environmental Policy Act; regulations of the Council on Environmental Quality (CEQ) (40 CFR 1500-1508.9); and NPS Director’s Order (DO) 12: Conservation Planning, Environmental Impact Analysis, and Decision-Making and accompanying DO-12 Handbook.

SELECTED ALTERNATIVE

Based on concerns expressed in public comments and the analysis presented in the environmental assessment, the National Park Service has re-examined the alternatives presented in the environmental assessment. After further consideration, the National Park Service has selected alternative B (the preferred alternative) for the South Ocean Beach Parking Area and selected elements of both the no action and alternative B for the Bayside Picnic Parking Area for implementation. The selected alternative for South Ocean Beach was described on pages 27-30 of the environmental assessment. The selected alternative for the South Ocean Beach and Bayside Picnic Parking Areas is described below.

SOUTH OCEAN BEACH

Condition, Location, Size, and Building Materials

The Life of the Dunes Nature Trail Parking Area will be removed and the South Ocean Beach Parking Area will be relocated and reconstructed further inland in its place. The existing asphalt will be disposed of properly offsite. The new parking area will be constructed with a 12 inch clay base surfaced with 2 inches of clam shells. Due to the surfacing material, parking spots will not be delineated with paint, but the new parking area will be designed to accommodate approximately 76 vehicles, including two oversize vehicles and 3 ADA spaces adjacent to the boardwalk (see sheet P02 in appendix E of the draft environmental assessment). Construction of the new parking area will require the use of mechanized equipment and could require the need to import or export fill in order to recontour the new parking area accordingly. Potential sources for fill include the park’s existing stock pile of natively sourced fill or locally acquired crushed road base. Any excess of native fill will be transported to the park’s stock pile for use in future projects. Staging for removal of the Life of the Dunes Nature Trail Parking Area and construction of the new South Ocean Beach Parking Area will be located in the existing South Ocean Beach Parking Area and/or other nearby parking areas in the national seashore. Maintenance of the aggregate mix will require monthly surface leveling by park staff during the peak season and occasional resurfacing with clam shells. No asphalt will be used at the newly relocated South Ocean Beach Parking Area.

Stormwater management measures at the South Ocean Beach Parking Area will be implemented pending coordination with the Maryland Department of Environment and identification of appropriate measures. Site specific stormwater design features will include an infiltration trench around the perimeter of the parking area as seen on figure 9. The intent of stormwater management will be to restore the natural geomorphology in the area by removing one of the existing corrugated metal culverts (CMP) at the northern end of the existing South Ocean Beach Parking Area (as depicted on sheet M02 in appendix E of the environmental assessment) and allowing natural succession to occur. The National Park Service will use best management practices to address stormwater and water quality. Permitting requirements will be addressed with the State of Maryland as appropriate in advance of any construction activity.

Following construction of the new parking area, the existing South Ocean Beach Parking Area and the stormwater culverts will be removed and restored. Restoration will include filling and recontouring the area to meet existing grade. Pending Maryland Department of the Environment approval, stormwater will be treated by the environmental site design practice of disconnection of non-rooftop runoff for the South Ocean Beach Parking Area. The approximate limit of disturbance for the new South Ocean Beach Parking Area will be approximately 72,550 square feet. The approximate limit of disturbance for the removal of the existing South Ocean Beach Parking Area will be approximately 49,500 square feet.

Pedestrian Access and Circulation

The existing asphalt bike path adjacent to the proposed location for the South Ocean Beach Parking Area will be maintained in its current location. An additional at grade boardwalk path may be constructed off the eastern side of the new parking area, across Bayberry Drive, through the restored area and onto the beach. Any additional paths that led to road crossings will be marked with pedestrian cross walks to ensure public health and safety. A path and concrete pads will also be constructed immediately adjacent to the new parking area for restroom and shower facilities.

As mentioned above, due to the use of an aggregate surfacing material, parking spots would not be delineated with paint and split rail fencing would be used to suggest parking spot locations and traffic circulation within the new South Ocean Beach Parking Area. Signage will be posted to indicate that back-in parking will not be permitted in the new parking area. The perimeter of the new parking area may be marked with split rail fence, flexible fiberglass posts, or other similar means in order to control traffic and discourage off-road parking.

Visitor Amenities

The two movable restroom facilities located at the existing South Ocean Beach Parking Area will be relocated to the eastern side of the proposed new parking area location;

Moveable changing stations may be added to the eastern side of the proposed new parking area location;

The existing shower / foot wash at the South Ocean Beach Parking Area will be removed and a new facility will be installed nearby the relocated bathrooms on the eastern side of the new South Ocean Beach Parking Area;

Trash and recycling receptacles will be moved closer to the new parking area;

The information kiosk at the Life of the Dunes Trailhead will remain in its current condition and a new kiosk could be installed providing additional information to visitors; and

Bicycle racks will be installed adjacent to the new South Ocean Beach Parking Area.

BAYSIDE PICNIC PARKING AREA

The Bayside Picnic Parking Area will remain in its current location (figure 6 of the environmental assessment), and the asphalt will be removed and replaced with a 12 inch clay base surfaced with 2 inches of clam shells. As conditions change, relocation of the Bayside Picnic Parking Area may be addressed in future planning efforts, with opportunity for future public input.

Condition, Location, Size, and Building Materials

Instead of removing and relocating the Bayside Picnic Parking Area, all of the asphalt will be removed (and disposed of properly offsite) and the parking area will be resurfaced with a 12 inch clay base surfaced with 2 inches of clam shells in its current location (see figure 6 of the environmental assessment). Due to the surfacing material, parking spots will not be delineated with paint, but the parking area will continue to accommodate the same number of vehicles it does currently, approximately 63 vehicles, including 14 oversize vehicles and 3 ADA spaces. The resurfaced parking area will remain in the current footprint. Resurfacing of the parking area will require the use of mechanized equipment. Staging for resurfacing of the parking area will be located in the existing Bayside Picnic Parking Area and/or other nearby parking areas in the national seashore. Maintenance of the aggregate mix will require monthly surface leveling by park staff during the peak season and occasional resurfacing with clam shells. No asphalt will be used at the newly resurfaced Bayside Picnic Parking Area.

Pending Maryland Department of the Environment approval, stormwater will be treated by the environmental site design practice of disconnection of non-rooftop runoff for the Bayside Picnic Parking Area. The approximate limit of disturbance for the Bayside Picnic Parking Area will be approximately 62,350 square feet.

Pedestrian Access and Circulation

The facilities and amenities in the area will continue to be accessible from the parking area.

Restrooms and facilities will remain ADA accessible.

Traffic circulation and parking space locations will be suggested by split rail fencing within the centerline of suggested parking spaces. Signage will be posted to indicate that back-in parking will not be permitted in the new parking area. The perimeter of the new parking area may be marked with split rail fence, flexible fiberglass posts, or other similar means in order to control traffic and discourage off-road parking.

Visitor Amenities

The 2 permanent restroom facilities will remain in their current location;

The 10-12 picnic tables will remain in their current locations dispersed along the shoreline adjacent to the bay. Approximately 8-10 additional picnic tables and a picnic pavilion or shade structure could be installed at the Bayside Picnic Parking Area;

4-9 additional grills will be dispersed among the picnic tables, for a total of 10-15 grills;

The following amenities will remain in their current location (depicted on figure 6 in the environmental assessment):

o Trash and recycling receptacles;

o The canoe, bike, and kayak rental stand;

o The bike rack;

o The 2 drinking water pumps; and o The information kiosk.

A new shower tower / foot wash may be installed, as well as additional moveable rest room facilities and changing stations adjacent to the parking area and within the existing footprint.

OTHER ALTERNATIVES CONSIDERED

One other alternative was fully considered in the environmental assessment, which was Alternative A: No Action / Continue Current Management. Additionally, one additional alternative was also considered for the Bayside Picnic Parking Area, which was Alternative B: Remove and Relocate Parking Areas and Corresponding Visitor Amenities. These alternatives are summarized below.

ALTERNATIVE A: NO ACTION / CONTINUE CURRENT MANAGEMENT

Under alternative A, the Bayside Picnic, South Ocean Beach, and Life of the Dunes Nature Trail Parking Areas would remain in the developed management zone, as determined by the existing general management plan and current general management planning. These areas would continue to be managed to offer interpretive, educational, and management programs that provide a range of services to visitors. Alternative A represents a continuation of the existing situation.

Condition, Location, Size, and Building Materials

Bayside Picnic Parking Area. The Bayside Picnic Parking Area would remain in its current location. The asphalt would remain in its current condition. Routine maintenance and repairs would continue. Following future storm events, damaged portions of the asphalt parking area would not be replaced and the lot would be expected to shrink in size due to future storm damage. Existing stormwater features would be left in place, cleaned, and repaired only if they became a hazard to public health and safety.

South Ocean Beach Parking Area. The South Ocean Beach Parking Area would remain in its current location. Damaged features from Hurricane Sandy would not be replaced and/or repaired.

Routine maintenance and repairs would continue. The existing South Ocean Beach Parking Area location is becoming more prone to capturing windblown sand, requiring more frequent removal operations and maintenance activity. Existing stormwater features would be left in place, cleaned, and repaired only if they became a hazard to public health and safety.

Life of the Dunes Nature Trail Parking Area. The Life of the Dunes Nature Trail Parking Area would remain in its current location. Routine maintenance and repairs would continue on the asphalt.

In the event of future storm events, the Life of the Dunes Nature Trail Parking Area could serve as an alternative parking area during temporary closures of the South Ocean Beach Parking Area.

Existing stormwater features would be left in place, cleaned, and repaired only if they became a hazard to public health and safety.

Pedestrian Access and Circulation

Bayside Picnic Parking Area. A concrete walkway currently connects the southeastern corner of the parking area to the restroom facilities. Otherwise, access and circulation around the Bayside Picnic Parking Area is informal and occurs along the sandy shores of Chincoteague Bay.

South Ocean Beach Parking Area. A small section of boardwalk serves to bridge a swale along the edge of the asphalt that formed as a result of changes to the surrounding dunes and landforms post-Hurricane Sandy. The new boardwalk connects the parking area to the restroom facilities and continues a short way to South Ocean Beach. All other access and circulation around the South Ocean Beach Parking Area is informal and occurs on the sandy perimeter and in between the dunes on the eastern side of the parking area, and the existing vegetation along the western edge.

Life of the Dunes Nature Trail Parking Area. An asphalt bike path runs out of and along the eastern edge of the parking area. The Life of the Dunes Nature Trail head is just off the southeastern edge of the existing parking area. Additionally there are several visible social (unauthorized) trails cutting between vegetation and small interdunal wetlands to the east of the parking area and connecting across Bayberry Drive towards the South Ocean Beach Parking Area.

Visitor Amenities

Bayside Picnic Parking Area

2 permanent restroom facilities, located off of the southwestern corner of the parking area;

10 to 12 picnic tables dispersed along the shoreline adjacent to the bay on the western side of the parking area;

6 grills dispersed among the picnic tables;

Trash and recycling receptacles on either end of the west side of the parking area;

A canoe, bike, and kayak rental stand operated by a concessioner located in the northeast corner of the parking lot;

A bike rack located in front of the rental stand;

2 drinking water pumps; one in front of the restrooms and one in front of the rental stand; and

An information kiosk along the shoreline to the northwest of the parking area.

South Ocean Beach Parking Area

2 removable restroom facilities located east of the parking area along the boardwalk;

1 shower / foot wash station with a bench located just east of the restroom facilities;

Trash and recycling receptacles located on the eastern edge of the parking area near the boardwalk; and

An information kiosk was damaged during Hurricane Sandy and subsequently removed. The kiosk would be replaced under alternative A.

Bike rack

Life of the Dunes Nature Trail Parking Area

1 bicycle rack at the southeastern corner of the parking area; and

A trail head kiosk located at the trailhead of the Life of the Dunes Trail.

Alternative A was not selected for implementation because it would not provide for use of native materials, provide for continued visitor use and beach and trail access, reduce the future potential for erosion of asphalt into Chincoteague Bay resulting from storm events, or reduce the long-term labor and maintenance costs of maintaining the parking areas.

BAYSIDE PICNIC PARKING AREA – ALTERNATIVE B: REMOVE AND RELOCATE THE

BAYSIDE PICNIC PARKING AREA AND CORRESPONDING VISITOR AMENITIES

Condition, Location, Size, and Building Materials

The Bayside Picnic Parking Area would be removed and relocated further inland to the east of the existing parking area. The new parking area would be constructed with a packed clay layer underlying a crushed clam shell surface.

Following construction of the new parking area, the northwestern portion of the existing parking area and stormwater culverts would be removed and restored. Restoration would include filling and recontouring the area to meet existing grade. Stormwater management measures at the Bayside Picnic Parking Area would be implemented pending coordination with the Maryland Department of Environment and identification of appropriate measures.

Pedestrian Access and Circulation

A new ADA-accessible boardwalk path would be constructed off the southwestern edge of the new parking area to link the new parking area with a section of existing parking area to be maintained.

The path would also connect to the restroom facilities; provide access to the water, and to the relocated concessions rental stand. The southeastern portion of the existing parking area would be retained for use as a turn-around and loading area for boat trailers, commercial vehicles, and visitors.

Traffic circulation and parking space locations would be suggested by split rail fencing within the centerline of suggested parking spaces. Signage would be posted to indicate that back-in parking would not be permitted in the new parking area. The perimeter of the new parking area could be marked with split rail fence or flexible fiberglass posts or other similar means in order to control traffic and discourage off-road parking.

Visitor Amenities

The 2 permanent restroom facilities would remain in their current location;

10-12 picnic tables would remain in their current locations dispersed along the shoreline adjacent to the bay. 8-10 additional picnic tables and a picnic pavilion or shade structure could be installed in the newly restored portion of the existing Bayside Picnic Parking Area;

10-15 grills would be dispersed among the picnic tables;

Trash and recycling receptacles would be placed adjacent to the restrooms;

The canoe, bike, and kayak rental stand would be relocated further east and adjacent to the proposed access boardwalk path;

The bike rack would be relocated in front of the rental stand;

The 2 drinking water pumps would remain in their current locations;

The information kiosk would be moved closer to the access path connecting each area; and

A new shower tower / foot wash may be installed, as well additional moveable rest room facilities and changing stations adjacent to the new access path.

Alternative B for the Bayside Picnic Parking Area does meet the purpose and need of the proposed action because it would remove the existing parking area and relocate it to a less vulnerable location. However, this alternative was not selected for implementation at the Bayside Picnic Parking Area because of the results of analysis presented in the environmental assessment and concern raised during public scoping regarding adverse impacts on natural resources as a result of clearing the proposed relocation area.

ENVIRONMENTALLY PREFERABLE ALTERNATIVE

In accordance with the DO-12 Handbook, the National Park Service identifies the environmentally preferable alternative in its National Environmental Policy Act documents for public review and comment [Sect. 4.5 E(9)]. The environmentally preferable alternative is the alternative that causes the least damage to the biological and physical environment and best protects, preserves, and enhances historical, cultural, and natural resources. The environmentally preferable alternative is identified upon consideration and weighing by the responsible official of long-term environmental impacts against short-term impacts in evaluating what is the best protection of these resources. In some situations, such as when different alternatives impact different resources to different degrees, there may be more than one environmentally preferable alternative (43 CFR 46.30).

Of the alternatives evaluated in the environmental assessment, the selected alternative (consisting of alternative B for the South Ocean Beach Parking Area and elements of both the no action and alternative B discussed above for the Bayside Picnic Parking Area) best meets the park objectives of protecting and preserving natural resources by providing a larger protective buffer between the parking area and the shoreline at South Ocean Beach and subsequently reducing the risk of future flooding, and maintaining the parking area in its current location at the Bayside Picnic Area thereby avoiding impacts to vegetation and wildlife. Additionally, the relocation of the South Ocean Beach Parking Area will allow the shoreline and dune system to evolve more naturally over time. Human impact on the island would be reduced by the removal of asphalt and the use of natural and native materials (a clay base surfaced with clam shells) for surfacing both the relocated South Ocean Beach Parking Area and the Bayside Picnic Parking Area. Improvements would also be made through the integration of stormwater best management practices at both parking areas.

MITIGATION MEASURES

To minimize environmental impacts related to the action alternative, the National Park Service will implement mitigation measures whenever feasible. Although the exact mitigation measures to be implemented will depend upon the final design and approval of plans by relevant agencies, the following is a list of actions that could take place.

WATER RESOURCES (INCLUDING COASTAL PROCESSES, FLOODPLAINS, AND

WETLANDS)

Identify specific provisions in construction contract(s) to prevent storm water pollution during construction activities, in accordance with the National Pollutant Discharge Elimination System permit program of the Clean Water Act and all other federal regulations, and in accordance with the storm water pollution prevention plan to be prepared for this project.

Plan and maintain buffers between areas of soil disturbance and wetlands or waterways.

Use soil erosion best management practices such as sediment traps, erosion check screen filters, and hydro mulch to prevent the entry of sediment into waterways.

Promptly remove and properly dispose of any hazardous waste that is generated in the project area.

Inspect equipment for leaks of oil, fuels, or hydraulic fluids before and during use to prevent soil and water contamination. Require contractors to implement a plan to promptly clean up any leaks or spills from equipment, such as hydraulic fluid, oil, fuel, or antifreeze.

Minimize onsite fueling and maintenance. If these activities cannot be avoided, fuels and other fluids will remain in a restricted/designated area, and fueling and maintenance will be performed in designated areas that are bermed and lined to contain spills. Require provisions for the containment of spills and the removal and safe disposal of contaminated materials, including soil.

Take actions that would minimize effects on site hydrology and fluvial processes, including flow, circulation, water level fluctuations, and sediment transport. Take care to avoid any rutting caused by vehicles or equipment.

Conduct the action to minimize adverse effects on normal movement, migration, reproduction, or health of terrestrial fauna.

Conduct the action to avoid degrading water quality to the maximum extent practicable. Employ measures to prevent or control spills of fuels, lubricants, or other contaminants from entering wetland areas. Ensure the action is consistent with state water quality standards and Clean Water Act Section 401 certification requirements.

Maintain appropriate erosion and siltation controls during construction.

Properly maintain fill material to avoid adverse impacts on aquatic environments or public safety.

VISITOR USE AND EXPERIENCE AND RECREATION RESOURCES

Share information with the public regarding implementation of this project and its effects on access, parking, and circulation through the national seashore. Distribute or post information at entrance stations, on the park's website, at trailheads, at other visitor sites, and through press releases.

Develop and enforce an NPS-approved traffic and pedestrian control plan for use during construction. The plan would minimize disruption to visitors and park operations and ensure safety of the public, park employees, contractors, and residents. Require contractors to coordinate with park staff to minimize disruption of normal park activities. Inform construction workers and supervisors about the special sensitivity of park values, regulations, and appropriate housekeeping measures to be used.

Include specific provisions and implementation measures in the NPS/FHWA contract to prevent storm water pollution during construction activities, in accordance with the Clean Water Act’s National Pollutant Discharge Elimination System permit program and all other federal, state, and local regulations. Require the construction contractor to develop and implement a storm water pollution prevention plan and dust control plan prior to construction. The National Park Service would provide contractor(s) with information related to storm water protection and dust control.

PUBLIC HEALTH AND SAFETY

Implement measures to close and/or redirect access and circulation in areas that would be affected by construction to ensure visitor health and safety. Provide information on alternatives that would help visitors achieve their goal while staying away from the work area.

Implement a traffic control plan during construction, as warranted. Include strategies to maintain safe and efficient traffic flow and keep full area closures to a minimum.

Implement measures to reduce adverse effects of construction on visitor health and safety.

PARK OPERATIONS

Coordinate activities of contractors and park staff to minimize disruption of normal park activities.

Inform construction workers and supervisors about the special sensitivity of park values, regulations, and appropriate housekeeping measures to be used.

To minimize potential impacts on concessioners and visitors, consider stipulations on construction timing. For example, operate heavy construction equipment in noise-sensitive areas between 7 a.m.

and 7 p.m. to minimize noise impacts. Consider timing of construction to occur during non-peak visitation period.

Prior to construction, conduct a meeting with concession operators, project managers, and park staff to provide information on anticipated issues that may occur.

GENERAL CONSTRUCTION BEST MANAGEMENT PRACTICES

Clearly state all protection measures in construction specifications. Construction workers will be provided with educational instruction to avoid impacting wildlife.

Minimize the amount of ground disturbance for activities not directly related to construction, such as staging and stockpiling areas. Restore all staging and stockpiling areas following construction. Limit parking of construction and employee vehicles to designated staging areas or existing roads and parking lots.

Identify and define construction zones with construction tape, temporary fencing, or other material prior to any construction activity. Use the zone to confine activity to the minimum area required for construction. Stipulate that construction activities, including material staging and storage, cannot occur beyond the construction zone fencing.

Comply with federal and state regulations for the storage, handling, and disposal of all hazardous material and waste. If hazardous materials would be used on site, make provisions for storage, containment, and disposal. Provide the contractor with a copy of U.S. Environmental Protection Agency document EPA 832-F-99-003, Storm Water Management Fact Sheet-Dust Control. Require the contractor to submit a dust control plan prior to construction.

If recycled concrete or road base is used for backfill, ensure that it is free of waste metal products, debris, toxic material, or other deleterious substances and that it meets gradation and aggregate test requirements.

Backfill excavated areas with appropriate material and contour them so that, after settling, they will blend with the surrounding terrain.

Ensure that construction equipment uses the best available technology for sound dampening muffler and exhaust systems.

To save fuel and reduce noise and emissions, require contractors to develop and implement a plan that prevents excessive idling of all vehicles used in construction.

Require good housekeeping practices such as placing debris in refuse containers daily, emptying containers regularly, and prohibiting the burning or burying of refuse in the park.

WHY THE SELECTED ALTERNATIVE WILL NOT HAVE A SIGNIFICANT EFFECT ON

THE HUMAN ENVIRONMENT

As defined in 40 CFR § 1508.27, significance is determined by examining the following criteria:

1) Impacts that may have both beneficial and adverse aspects and which on balance may be beneficial, but that may still have significant adverse impacts that require analysis in an EIS.

The selected alternative will result in both adverse and beneficial impacts on coastal processes, visitor use and experience and recreation resources, public health and safety, and park operations;

and beneficial impacts on floodplains and wetlands. As described in chapter 4 of the environmental assessment, none of these impacts will be significant. On balance, the selected alternative will have a beneficial impact.

2) The degree to which public health and safety are affected.

The selected alternative has some risk to public safety during the time that demolition and construction activities are occurring; however, this risk is considered to be low and will be further minimized during construction/demolition by implementing measures such as fencing, signs, and other physical means to exclude visitors from construction areas and equipment.

The relocation of the South Ocean Beach Parking Area will likely increase the number of pedestrians crossing Bayberry Drive. Visitors will be encouraged to use the pedestrian walkways and cross at one of the two marked cross walks. As a result, the selected alternative will likely have some adverse impacts to public health and safety at the South Ocean Beach Parking Area but these would be expected to be minor.

3) Any unique characteristics of the area (proximity to historic or cultural resources, wild and scenic rivers, ecologically critical areas, wetlands or floodplains, and so forth).

The entire national seashore is within both the 100- and 500-year floodplain.

The selected alternative will likely have long-term beneficial impacts to wetlands and floodplains because it will enhance wetland and floodplain functions by slowing sheetflow during precipitation events, enhancing the ability of wetlands to absorb these flows by decreasing the inflow rate, increasing the size of the natural buffer area surrounding the relocated South Ocean Beach Parking Area relative to open water, and restoring natural processes to the current South Ocean Beach Parking Area. However, these beneficial impacts will not likely be significant because they will be highly localized and will not likely result in any large-scale changes in wetland or floodplain functions and values.

No cultural resources, wild and scenic rivers, or ecologically critical areas have been identified within the project area.

4) The degree to which impacts are likely to be highly controversial.

There is no controversy over the effects of the selected alternative. There was public disagreement over the proposed relocation of the Bayside Picnic Parking Area; however, relocating the Bayside Picnic Parking Area is no longer part of the selected alternative; the Bayside Picnic Parking Area will remain within the existing footprint and location until conditions change or new alternatives are developed. Of the public comments received during scoping and review of the environmental assessment, many people and organizations voiced support for removal and relocation of the South Ocean Beach Parking Area and for retaining the Bayside Picnic Parking Area in its current location.

5) The degree to which the potential impacts are highly uncertain or involve unique or unknown risks.

No highly uncertain, unique, or unknown risks were identified for the removal and relocation of the South Ocean Beach Parking Area or resurfacing of the Bayside Picnic Parking Area in its current location with a packed clay layer underlying a crushed clam shell surface during preparation of the environmental assessment or during the public review period.

6) Whether the action may establish a precedent for future actions with significant effects, or represents a decision in principle about a future consideration.

The selected alternative neither establishes precedent for future actions with significant effects nor represents a decision in principle about a future consideration. The materials proposed have previously been used successfully in the area.

7) 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.

As described in chapter 3 of the environmental assessment, cumulative impacts were analyzed by combining the impacts of the selected alternative with the impacts of three other projects that were identified as contributing to cumulative impacts on the resources addressed by the environmental assessment: general management planning for the national seashore, alternative transportation planning within the national seashore, and the resource management plan. The beneficial and adverse impacts of these other past, present, and reasonably foreseeable future actions on resources, in conjunction with the impacts of the selected alternative, will result in both beneficial and adverse cumulative impacts; however, the overall cumulative impacts are not significant.

8) The degree to which the action may adversely affect historic properties in or eligible for listing in the National Register of Historic Places, or other significant scientific, archeological, or cultural resources.

There are no significant scientific, archeological, cultural resources, or historic properties in or eligible for listing in the National Register of Historic Places within the project areas.

9) The degree to which an action may adversely affect an endangered or threatened species or its habitat.

Based on a review of U.S. Fish and Wildlife Service (USFWS) federally listed species, there are no federally listed species under their jurisdiction that are known or are likely to occur in the study area.

10) Whether the action threatens a violation of federal, state, or local law or requirements imposed for the protection of the environment.

The selected alternative violates no federal, state, or local environmental protection laws.

AGENCY AND PUBLIC INVOLVEMENT CONSULTATION

The planning process for the proposed action was initiated during the internal, agency, and public scoping efforts, which began in the spring of 2013. This process introduced agencies and the public to the purpose and need of the project and potential actions that could be included with the removal and relocation of the South Ocean Beach and Bayside Picnic Parking Areas. An internal scoping meeting was held on June 4, 2013 to begin discussions on impact topics and alternatives.

Initial public scoping for this environmental assessment began with a press release, which was distributed to the local media on July 8, 2013, stating the park’s intentions to begin the environmental assessment process. Scoping letters or notices were sent to the approximately 85 people and organizations on the National Park Service’s core mailing list. These included local, state, and federal agencies; organizations, and individuals. The official public scoping period began on July 8, 2013 and concluded August 9, 2013. During this time, public comments were accepted on the NPS Planning, Environment, and Public Comment (PEPC) website (http://parkplanning.nps.gov/asis) and by mail. The park received 23 pieces of correspondence from the public. The comments identified concerns regarding the rationale and relocation of the South Ocean Beach Parking Area, maintaining ADA accessibility, and the potential to affect migratory bird habitat.

Agency scoping for this project began in July 2013. Scoping letters were sent out to various agencies requesting feedback on the proposed project and alternatives. A list of agencies and other entities that received scoping notices is provided in the environmental assessment. Copies of these letters and responses from the agencies, if applicable, are included in appendix A of the environmental assessment.

The National Park Service initiated a 30-day public review and comment period for the environmental assessment on August 26, 2013. A public notice of availability and the environmental assessment were posted on the park’s PEPC website (http://parkplanning.nps.gov/asis). A press release was sent out to the park’s mailing list. The environmental assessment was made available to federal, state, and local regulatory agencies; local businesses; and interested individuals for their review. Public comments on the environmental assessment were collected via PEPC, email, and by mail through September 25, 2013.

A total of 267 pieces of correspondence were received during the public review period via email, hardcopy, or the PEPC website. The majority of commenters expressed concern regarding impacts to migratory birds as a result of the actions proposed for relocating the Bayside Picnic Parking Area.

Correspondence was also received from a number of individuals and organizations supporting the removal and relocation of the South Ocean Beach Parking Area. Some commenters expressed concern regarding ADA accessibility to South Ocean Beach. A summary of the substantive comments received, along with NPS responses, are included as attachment B of this FONSI. A list of agencies and other entities that received a copy of the environmental assessment is provided in the environmental assessment.

COASTAL ZONE MANAGEMENT ACT CONSISTENCY DETERMINATION

The State of Maryland Critical Area Commission Chesapeake and Atlantic Coastal Bays sent a letter to the Integrated Policy and Review Unit of the Maryland Department of Natural Resources in regards to the proposed project. They stated their requirement to review the proposed action for consistency under the Maryland Coastal Zone Management Act and included a checklist providing submittal details in order to do a thorough review. These details were submitted to the program in conjunction with the environmental assessment. As the selected alternative has been changed from the preferred alternative described in the EA and now contains elements of both the preferred and no-action alternatives, the park consulted with the state in January 2014 and agreed to submit a copy of this finding of no significant impact and an updated Coastal Zone Management Act Consistency Determination reflecting the selected alternative described within this document to the Integrated Policy and Review Unit of the Maryland Department of Natural Resources for their concurrence.

SECTION 106 COMPLIANCE

No archeological resources or historic structures were identified in the project area. In accordance with 36 CFR §800.3(c), the park initiated Section 106 consultation with the Maryland State Historic Preservation Officer during initial public scoping. The Maryland State Historic Preservation Officer replied with concurrence that the proposed action would have no adverse effect on historic properties.

SECTION 7 DETERMINATION

Special status species and/or habitat are not known to occur within the vicinity of the two parking areas. In accordance with Section 7 of the Endangered Species Act of 1973, the park initiated Section 7 consultation with the U.S. Fish and Wildlife Service during initial public scoping. The U.S.

Fish and Wildlife Service replied with concurrence that the proposed actions would have no appreciable effect on federally-listed endangered or threatened species, candidate species, or other migratory birds.

ATTACHMENT A: NON-IMPAIRMENT DETERMINATION

By enacting the NPS Organic Act of 1916 (Organic Act), Congress directed the U.S. Department of Interior and the NPS to manage units “to conserve the scenery and the natural and historic objects and wildlife therein and to provide for the enjoyment of the same in such a manner and by such a means as will leave them unimpaired for the enjoyment of future generations” (16 USC § 1).

Congress reiterated this mandate in the Redwood National Park Expansion Act of 1978 by stating that NPS must conduct its actions in a manner that will ensure no “derogation of the values and purposes for which these various areas have been established, except as may have been or shall be directly and specifically provided by Congress” (16 USC 1a-1).

NPS Management Policies 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 Nation 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.

The NPS has discretion to allow impacts on Park resources and values when necessary and appropriate to fulfill the purposes of a Park (NPS 2006 sec. 1.4.3). However, the National Park Service cannot allow an adverse impact that would constitute impairment of the affected resources and values (NPS 2006 sec 1.4.3). An action constitutes an impairment when its impacts “harm the integrity of Park resources or values, including the opportunities that otherwise would be present for the enjoyment of those resources or values” (NPS 2006 sec 1.4.5). To determine impairment, the National Park Service must evaluate “the particular resources and values that would 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 sec 1.4.5).

This determination on impairment has been prepared for the selected alternative described in this FONSI. An impairment determination is made for all resource impact topics analyzed for the selected alternative. An impairment determination is not made for visitor experience, public health and safety, and park operations because impairment findings relate back to park resources and values, and these impact areas are not generally considered to be park resources or values according to the Organic Act, and cannot be impaired in the same way that an action can impair park resources and values.

COASTAL PROCESSES

Under the selected alternative, resurfacing the Bayside Picnic Parking Area with a packed clay layer underlying a crushed clam shell surface in its current location has the potential to adversely impact coastal processes because continued efforts to maintain a parking area in a location subjected to natural coastal processes would reduce the area’s ability to maintain natural sediment transport by wind and wave action. The National Park Service will continue to allow natural processes to prevail, and not impede the effects of future storm events. The impacts to coastal processes will likely be minimal because the area of impact would be limited and would not impact a large portion of the sediment transport budget or the coastal processes along the seashore in general.

The removal and relocation of the South Ocean Beach Parking Area will result in beneficial impacts to coastal processes because permanent removal of the nearshore parking area will let coastal processes return to a more natural state allowing natural sediment transport by wind and wave action.

The selected alternative will not result in impairment of coastal processes because the removal and relocation of the South Ocean Beach Parking Area will result in beneficial impacts to coastal resources. At the Bayside Picnic Parking Area, resurfacing the parking area in its current location has the potential for minimal adverse impacts to coastal processes by reducing the area’s ability to maintain natural sediment transport by wind and wave action. These impacts will not result in impairment because the impacts in this localized area would be very small compared to the context of coastal processes along the seashore in general.

FLOODPLAINS

At the Bayside Picnic Parking Area, under the selected alternative, no disturbance to floodplains would occur because the asphalt will be removed and the parking area will be resurfaced with a packed clay layer underlying a crushed clam shell surface in its existing location. Although this surface is not likely permeable, the clam shell surface will increase surface roughness of the parking area. Roughness is an important variable in measuring a surface’s ability to convey water across the surface. A smoother surface, such as asphalt will convey water faster than a rough surface.

Therefore, the proposed aggregate surface materials will continue to convey sheetflow into surrounding areas during precipitation events, but at a much slower rate than a paved asphalt surface. In addition, reduced sheetflow rates will reduce the risk of sedimentation and erosion.

Changes in the quantity and quality of stormwater will not be measurable. These impacts will be adverse but will be negligible.

The relocation of the South Ocean Beach Parking Area to a site further inland will provide additional natural buffer from sheetflow from precipitation events.

The natural features that reduce flooding severity (wetlands and coastal topography) will continue to provide floodplain ecological services. This in turn will maintain the ability of wetlands to support floodplain functions to reduce flood severity, aid in sediment retention, and shoreline stabilization.

The impact to floodplains associated with the selected alternative will be long-term and beneficial as a result of removing impermeable surface from floodplains, moving the South Ocean Beach parking area farther inland and increasing the size of its buffer on floodplain areas, and utilizing a surface that will reduce the risk of sedimentation during precipitation events. Although small in areal extent, these impacts are considered moderate because they will likely contribute noticeable benefits to the natural functioning of the floodplains in the vicinity of the existing parking areas.

For these reasons, the selected alternative will not result in impairment..

WETLANDS

At the Bayside Picnic Parking Area, under the selected alternative, no disturbance to wetlands would occur because the asphalt will be removed and the parking area will be resurfaced with packed clay layer underlying a crushed clam shell surface in the parking area’s existing location. Wetlands would continue to provide ecological services, such as supporting natural communities and various water quality and hydrological functions (e.g. flood severity reduction, sediment retention, nutrient cycling, and shoreline stabilization), and natural processes would continue to influence or disturb existing wetlands. The proposed new parking area surface will continue to convey sheetflow into surrounding areas during precipitation events, but at a much slower rate compared to a paved asphalt surface.

The removal and relocation of the South Ocean Beach Parking Area will likely have long-term beneficial impacts to wetlands because it will enhance wetland functions by slowing sheetflow during precipitation events, enhance the ability of wetlands to absorb these flows by decreasing the inflow rate, increase the size of the natural buffer area surrounding the new parking area relative to open water, and restore natural processes to the area currently occupied by the existing parking lot.

Wetlands adjacent to both parking facilities will receive sheetflows at lower rates, which will reduce the risk of sedimentation and erosion. This in turn will better maintain wetland functional values.

Implementation of the selected alternative will have negligible adverse impacts because some…