Report_NEPA_FONSI.pdf

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

FINDING OF NO SIGNIFICANT IMPACT

JAMAICA BAY WILDLIFE REFUGE WEST POND TRAIL BREACH REPAIR

Gateway National Recreation Area Jamaica Bay Unit

Jamaica Bay Wildlife Refuge Brooklyn and Queens New York

INTRODUCTION

The National Park Service (NPS) prepared an environmental assessment (EA) to evaluate alternatives for repairing a breach in the Jamaica Bay Wildlife Refuge West Pond and West Pond Trail, located in the Jamaica Bay Unit of Gateway National Recreation Area. The project includes restoring and improving the ecological resources, and improving and maintaining a more resilient trail system at West Pond. The project will provide environmentally sensitive and resilient conditions along the West Pond loop trail that support a diversity of Jamaica Bay habitats, wildlife, and enhanced visitor experiences.

The EA evaluated four alternatives: a no-action alternative and three action alternatives and analyzed the potential impacts that these alternatives would have on the natural and human environment. The Jamaica Bay Wildlife Refuge West Pond Trail Breach Repair Environmental Assessment (2015) was prepared in accordance with National Environmental Policy Act and its implementing regulations (40 CFR 1500-1508.9); and with NPS Director’s Order #12: Conservation Planning, Environmental Impact Analysis, and Decision-Making (2011) and accompanying DO-12 Handbook (2001).

During preparation of the EA, the NPS consulted with federal and state agencies, tribes, interested and affected parties, and the general public. The EA was made available for a 30-day review period, during which one public meeting was held. Comments received expressed support for the selected action. No changes were made to the environmental assessment or the selected alternative as a result of these comments; however, some commenters made recommendations for design features that the NPS will take into consideration during the final design stages and implementation of the selected alternative.

SELECTED ACTION

The NPS has selected alternative B: Repair the Breach and Improve Habitat Conditions for implementation, with a modification. The selected alternative was identified in the EA as the NPS preferred alternative and is described on pages 22-27 of the EA. As noted in the EA, the NPS has continued to refine the design of the breach repair, resulting in the following change to the selected alternative from what was described in the EA. In the selected alternative, the repair at the primary breach will consist of an earthen embankment over a reinforced timber or fiber-reinforced pile core, with riprap on a portion of the bay side. This change in the design improves the reinforcement measures which increases the resiliency of the pond embankment to extreme weather conditions over the rock embankment of riprap and aggregate mix that was originally described in the EA.

All of the stipulations, mitigation measures and project conditions described as part of the action alternatives on pages 43-47 of the EA will still apply, except as noted below. The text of the EA has been revised to reflect the change from a rock embankment to an earthen embankment as shown in the errata in appendix D. Further refinements are likely to be made as the design is finalized, such as final soil material for the embankment and final materials for the trail surface.

The selected alternative will be implemented in phases, according to the availability of funding. The current, funded phase consists of repairs to the primary and secondary breaches, replacement of the water control structure, and installation of a groundwater well.

The future, to-be-funded phases consist of installation of additional visitor amenities, Terrapin Point improvements, and saltmarsh and shoreline restoration on the bay side of the repaired primary breach.

Current Phase Under the current phase of the selected action, the primary and secondary breaches will be repaired and the water control structure will be replaced. This alternative will establish freshwater conditions within West Pond by installing a freshwater source to supplement natural precipitation and runoff.

Primary Breach Repair: The primary beach repair would utilize an earthen embankment overlying a reinforced timber or fiber-reinforced pile core with a surface load transfer platform, with riprap from the toe of the slope to the top of the load platform on the bay side.

The reinforced supporting pile core topped with a surface load transfer platform increases the internal strength of the pond embankment and reinforced side slopes in the breached area. Embankment construction to repair the primary breach will occur within approximately 0.35 acres of subtidal channel connecting West Pond with Jamaica Bay.

Secondary Breach Repair: Additional measures will be taken to reinforce the secondary breach that has started to form on the banks opposite the primary breached area. The proposed repairs at the secondary breach will consist of placing gabion baskets along the pond-side edge and backfilling the eroded embankments on either side of the trail to tie into the adjacent slope. This work will occur within approximately 0.08 acres of upland, intertidal sand, and emergent wetland. Implementation of the conceptual design in the area of the secondary breach along West Pond will primarily be located above the mean high tide line and most likely above the 5-foot contour. Stabilization efforts may use gabion baskets at the base of the berm. Berm repairs will stop saltwater tidal flow into West Pond. Within the interior of West Pond, revegetation will rely on natural recruitment only and no habitat restoration activities will occur.

Water Control Structure: Construction of the new water control structure will occur within an area of approximately 20 feet by 320 feet (6400 ft2 or 0.15 acre) of intertidal sand and mudflat wetlands in proximity to the existing structure. Maintenance access to the water control structure will extend from the trail to the pond.

Groundwater well: A groundwater well will be installed to supply groundwater to supplement natural precipitation and runoff. The well will be installed in compliance with the New York State Water Withdrawal permits, as referenced in Appendix A.

Construction Access and Trail Repair: Under phase 1, construction access will take place in up to approximately 4.1 acres of upland area (to include vegetation and trees trimmed within 15 feet of either side of the centerline of the 1.6-mile trail, with clear height of approximately 16 feet to allow construction vehicle access, and a 50 by 50 foot area for vehicle turnaround). Where possible, construction access will be provided on the existing trail. This area will be graded and seeded prior to project completion. During construction, materials and equipment will be staged in the visitor center parking area. Efforts will be made to keep a portion of the parking lot open to visitors who wish to access the visitor center or the East Pond area. To the extent practicable, construction will be scheduled to avoid peak visitation times and, if necessary, construction activity will cease during periods of peak seasonal bird migration.

After repair of the breach, the trail surface at the breach location will be reconstructed to meet federal accessibility standards [Architectural Barriers Act Accessibility Standard (ABAAS)]. Specifically, the contractor will be required to construct the trail surface with 3/8" minus gravel/crusher fines, compacted to create a firm stable trail surface. The repaired trail will be graded from both ends of the repaired breach to meet the existing trail at a 5% grade, or less. Where possible, surfacing material will be selected to lessen noise and minimize wildlife disturbance. Thirteen benches/areas for wildlife viewing will be maintained around West Pond.

Future Phases Additional Visitor Amenities: As part of the conceptual design, potential visitor amenities under future phases may include the following:

• Up to 2,000 linear feet of boardwalk may be installed along the northern border of the pond, extending into the tidal marsh.

• Up to 925 linear feet of boardwalk may be installed along the southern berm, extending into the tidal marsh.

• Up to 250 linear feet of boardwalk and an observation platform may be installed just south of the visitor center, extending into the tidal marsh.

• A 0.3-mile trail around Terrapin Point and up to four observation blinds may be installed in upland areas around Terrapin Point and just north of the visitor center near South Garden.

• Up to three observation platforms may be installed in upland areas on the eastern edge of Terrapin Point and just south of the visitor center.

• Educational/interpretive signs or waysides may be installed to discuss resource protection sensitivities and the need for enforcement to protect wildlife.

Improvements to Terrapin Point: Actions to improve habitat conditions at Terrapin Point will include approximately 4.9 acres of upland vegetation restoration, including removal of exotic plants and thinning of the undergrowth. Additionally, about 1.0 acres of shoreline habitat will be restored along the western edge of the point, which will improve terrapin and tern nesting habitat.

Shoreline Habitat and Saltmarsh Restoration: Immediately south of the primary breach, approximately 2.7 acres of shoreline habitat will be restored and 5.0 acres of saltmarsh will be restored here and around Terrapin Point. Salt marsh restoration will consist of planting saltmarsh vegetation (for example, saltmarsh cordgrass) similar to the marsh habitat that currently exists to the southeast and southwest of the primary breach area.

Additional resources will be necessary to monitor shoreline habitat restoration. The NPS will lead coordination efforts with volunteers, members of the Student Conservation Association, and partners to assist with management efforts to control invasive vegetation species and conduct resource and berm monitoring. Management strategies will identify measures to treat and/or monitor water quality and the use of a groundwater well.

MITIGATION MEASURES

The selected alternative incorporates the mitigation measures and best management practices listed in appendix A. Additional mitigation measures and best management practices could be added to this list in the future at the discretion of the NPS. Appendix A also includes a list of the permits and approvals that will likely be needed in order to implement the selected alternative.

FINDING OF NO SIGNIFICANT IMPACT

As described in the environmental assessment, the selected alternative has the potential for adverse impacts on water resources, wetlands, vegetation, wildlife and special status species, visitor use and experience and scenic resources, and socioeconomics; however, no potential for significant adverse impacts was identified through the analysis of impacts or the results of agency and tribal consultation or public comment.

As noted in the EA, the alternatives were described at the conceptual/schematic design level, with further refinement expected. As described in Selected Action above, the design for the primary breach repair has evolved from a riprap embankment over a riprap and aggregate core to an earthen embankment over reinforced timber or fiber-reinforced pile core with riprap toe on the bay side of the slope which increases the resiliency of the pond embankment to extreme weather conditions such as high wind speeds, increased water pressure and erosive shear forces from storm events. Although the design has been revised, the resulting embankment will remain within the footprint analyzed in the EA. The only difference in impacts is that there may be some disturbance to marine life from the noise of driving the piles, which would be minimized by implementing a noise mitigation plan, as described in Appendix A, so that such impacts are expected to be minimal. All other impacts are expected to be the same, or slightly less, than what was described in the EA.

Slight adverse impacts to sediments and soils, water resources, wetlands, and vegetation are expected to occur because of ground disturbance during construction and construction access to the various work sites. These impacts are expected to be minimal because of the limited period of construction, the small areas of disturbance, and the implementation of best management practices (see appendix D). While seasonal drawdowns of the pond through the water control structure could have an adverse impact on water quality near the water outfall, these impacts are expected to be negligible because the NPS will develop management strategies to address these releases and ensure the letdown rates are compatible with the flushing rates and tidal cycles to the extent practicable.

Long-term benefits are expected for these resources as active water control management will flush nutrients and contaminants from the pond, improving wetland function and habitat over current conditions.

Adverse impacts to populations of wildlife and special status species during construction are expected to be minimal due to the limited number of individuals affected, the availability of suitable adjacent habitat and the short duration of construction. The switch from estuarine (saline) to palustrine (freshwater) conditions within West Pond will have limited adverse impacts to wildlife individuals (including fish, birds, small mammals, etc.) that depend on estuarine conditions by creating inhospitable habitat; however, impacts to the larger population will be minimal because the surrounding estuary of Jamaica Bay provides a large amount of suitable estuarine habitat, both for the larger wildlife populations and those displaced individuals that relocate to it. While there will be adverse effects to essential fish habitat from the in-water noise and turbidity from disturbance of soft bottom substrates from construction, these are expected be minimal, localized to the area of construction, and temporary to the timeframe of construction activities. Habitat restoration activities will have long-term beneficial impacts on wildlife because these activities will result in improvements to habitat quality and quantity in an area that has a history of degradation and habitat loss.

While there may be adverse impacts to visitor experience and the socioeconomics of the local community during construction, particularly during any closures of the refuge, they are expected to be temporary and limited.

Other past, present, or reasonably foreseeable actions were analyzed for their potential to contribute to cumulative impacts in association with implementation of the selected alternative. The effects of the selected alternative will comprise a very small component of any cumulative impacts, given the size and scope of the Jamaica Bay ecosystem. Overall, the impacts of the selected alternative, combined with the cumulative beneficial and adverse impacts from other past, present, and reasonably foreseeable future actions, will not result in significant adverse cumulative impacts.

In summary, the selected alternative will not have a significant effect on the human environment. There are no significant impacts on public health, public safety, threatened or endangered species, sites or districts listed in or eligible for listing in the National Register of Historic Places, or other unique characteristics of the region. No highly uncertain or controversial impacts, unique or unknown risks, significant cumulative effects, or elements of precedence were identified. Implementation of the NPS selected alternative will not violate any federal, state, or local environmental protection law.

Based on the foregoing, it has been determined that an environmental impact statement is not required for this action and thus will not be prepared.

DECISION REACHED AND RATIONALE

The NPS has selected alternative B: Repair the Breach and Improve Habitat Conditions, the NPS Preferred Alternative, for implementation as described in this Finding of No Significant Impact.

Repairing the primary breach in West Pond and installing a freshwater source through a groundwater well will allow the NPS to return West Pond to more freshwater conditions and provide a diversity of habitats for wildlife, unusual in an urban area.

APPENDIX A

MITIGATION MEASURES AND PERMITS AND APPROVALS NEEDED

To prevent and minimize potential adverse impacts associated with the action alternatives, best management practices and mitigation measures will be implemented during the construction and post construction phases of the project. General and resource specific best management practices and mitigation measures are listed below by impact topic. This list provides a framework for mitigation measures that will be included in the contractor’s specifications; future mitigation measures could be added to this list at the discretion of the NPS. Furthermore, the state and federal permits that will be required before this project proceeds with construction will likely include a variety of conditions specifically related to the protection of water quality and natural resources from additional construction-related impacts. A list of expected permits is included at the end of this appendix.

Various best management practices will be adopted as part of the selected alternative and will be incorporated into design plans and specifications, providing a contractual requirement that any contractor retained for any phase of the action will abide by the conditions and procedures identified in this document and permits. Those typical mitigation measures that could be applied are described below. Mitigation measures will be refined as the design of the project develops and as permit conditions are defined by the regulatory agencies.

GENERAL

• A contractor kickoff meeting will be held to ensure that all workers are apprised of proper protocol to follow in the event of an emergency, including contact information for first responders.

• The contractor will not leave vehicles idling for extended periods when parked or not in use.

• Stockpile materials will be placed in the construction staging areas within the West Pond visitor center parking lot to avoid impacting natural features unnecessarily.

• Construction equipment will be restricted to paved or previously disturbed compacted surfaces where practicable to avoid impacts on natural resources, including wetland areas. If construction equipment must be used or staged off such surfaces, best management practices, such as those described in the sections below, will be implemented to minimize potential for adverse impacts.

• Temporary advanced warning signs will be installed to warn of closures during construction.

NATURAL RESOURCES

• Construction will strive to avoid estuarine areas during horseshoe crab spawning season (May through late June) to protect horseshoe crabs, ensure recruitment, and avoid disruption of red-knot foraging activity. The critical feeding time for the red knot in Jamaica Bay is typically in late May.

• Based on the seasonal presence of the essential fish habitat species, the optimal time for construction and other water disturbing activities is during winter to avoid delicate life stages of the fish. However, it does not benefit the habitat to prolong the project to accommodate this window and winter construction may not be practicable.

• Access to nesting areas will be limited during certain times of the year to provide for species protection, as appropriate.

• Areas disturbed from and/or during construction will be kept as small as possible to minimize exposed soils and the potential for erosion.

• Any exposed soils or fill material will be permanently stabilized at the earliest practicable date.

• During construction, every effort will be made to appropriately use adjacent excavated soils if the fill source is appropriate. However, sources and types of fill will be dependent on final project design. Sources of fill will be obtained in accordance with agency approvals and permitting requirements and fill will be certified free of exotic invasive vegetation species or weed free.

• Any vegetation lost during the construction process will be mitigated with the planting of native species. Exotic species lost will be replaced with native species as mediation for loss of mature growth. A native species planting list and plan will be approved by the NPS before planting.

• Measures will be implemented to prevent the spread or introduction of invasive vegetation, such as ensuring that construction-related equipment arrives at the site free of mud or seed-bearing materials and certifying that any seeds or straw material are weed free. Tools and machinery will be thoroughly cleaned when moving from an area heavily covered with invasive vegetation, to an area without invasive vegetation. The tires or tracks of trucks and equipment entering and leaving project sites will be washed off to prevent seed transport.

• Construction will be mindful to avoid/minimize impacts to migrating and nesting birds between April 1 and October 31.

• Temporary construction fences will be installed to identify areas that require clearing, grading, revegetation, or recontouring and to delimit work areas. Installation of fences will be required before site preparation work or earthwork begins.

• As appropriate, erosion control measures will be implemented to prevent sediment from entering surface waters, including the use of silt fences or fiber rolls to trap sediments.

• Volatile wastes and oils will be disposed of in approved containers for removal from the project site to avoid contamination of soils, drainages, and watercourses.

• Care will be taken to avoid any rutting by vehicles or equipment. The operation and movement of construction equipment will be restricted to defined work areas.

• A pocket guide of the special status species will be kept on site and will include pictures and identification guides for the restoration crew to refer to when or if they encounter potential sign of special status species. This guide will also include names and radio numbers on whom to contact if a positive identification were made.

• The crew will be briefed about special status species and showed a PowerPoint presentation about what to be on the lookout for. This will include any contractors or national recreation area staff working on the project.

CULTURAL RESOURCES

• The NPS will ensure that all personnel would be instructed on procedures to follow in case previously unidentified archeological resources were uncovered during construction. Should construction unearth previously undiscovered archeological resources, work will cease in the area of any discovery and the national recreation area’s cultural resources specialist will be contacted. Consultation with the New York State Historic Preservation Officer will 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) will be followed.

SPILL PREVENTION AND RESPONSE PLAN

A spill prevention and response plan that regulates the use of hazardous and toxic materials, such as fuels and lubricants for construction equipment will be prepared. The NPS will oversee implementing the spill prevention and response plan. Elements of the plan will include the following:

• Workers will be trained to avoid and manage spills.

• Construction and maintenance materials will be prevented from entering surface waters and groundwater.

• Green (biodegradable) hydraulic fluids and oils will be used on mechanical equipment.

• A spill kit with boom and sorbent materials will be on site at all times during construction.

• Spills will be cleaned up immediately and appropriate agencies will be notified of spills and of the cleanup procedures employed.

• Staging and storage areas for equipment, materials, fuels, lubricants, solvents, and other possible contaminants will be located at least 100 feet away from surface waters.

• No vehicles will be fueled, lubricated, or otherwise serviced within 200 feet of the normal high water area of any surface water body.

• Vehicles will be immediately removed from work areas if they are leaking.

MEASURES TO PROTECT AIR QUALITY

• Vehicle emissions controls will be implemented, such as keeping equipment properly tuned and maintained in accordance with manufacturers’ specifications and implementing best management construction practices to avoid unnecessary emissions (e.g., engines will not idle for extended periods of time).

• To the degree possible, best management practices will be used to reduce generation of dust, such as covering loose soil, use of preapproved organic dust palliatives, and/or watering activities.

MEASURES TO PROTECT WATER RESOURCES, WETLANDS, AND

FLOODPLAINS

In accordance with NPS Procedural Manual #77-1: Wetland Protection, the following best management practices and special conditions will be implemented.

• Specific provisions will be identified in the construction contract(s) to prevent stormwater 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 stormwater pollution prevention plan to be prepared for this project.

• Buffers between areas of soil disturbance and waterways will be planned and maintained. Soil erosion best management practices will be used such as sediment traps, erosion check screen filters, and hydro mulch to prevent the entry of sediment into waterways.

• Any hazardous waste that is generated in the project area will be promptly removed and properly disposed of.

• Onsite fueling and maintenance will be minimized. If these activities cannot be avoided, fuels and other fluids will be stored in a restricted/designated area and fueling and maintenance will be performed in designated areas that are bermed and lined to contain spills.

• Actions will be taken to minimize effects on site hydrology and fluvial processes, including flow, circulation, water level fluctuations, and sediment transport. Care will be taken to avoid any rutting caused by vehicles or equipment.

• Actions will be conducted to minimize adverse effects on normal movement, migration, reproduction, or health of terrestrial fauna, including at low flow conditions.

• Actions will be conducted so as to minimize effects on site hydrology and fluvial processes, including flow, circulation, velocities, hydroperiods, water level fluctuations, sediment transport, and channel morphology. Care will be taken to avoid any rutting caused by vehicles or equipment.

• Best management practices will be properly followed during the installation of any supplemental surface water supply system.

• Any necessary structure or fill will be properly maintained so as to avoid adverse impacts on aquatic environments or public safety.

• Heavy equipment use in wetlands will be avoided if at all possible. Heavy equipment used in wetlands will be placed on mats, or other measures will be taken to minimize soil and plant root disturbance and to preserve preconstruction elevations.

• Whenever possible, excavated material will be placed on an upland site. However, when this is not feasible, temporary stockpiling of excavated material in wetlands will be placed on filter cloth, mats, or some other semipermeable surface, or comparable measures will be taken to ensure that underlying wetland habitat is protected. The material will be stabilized with straw bales, filter cloth, or other appropriate means to prevent reentry into the waterway or wetland.

• Temporary stockpiles in wetlands will be removed in their entirety as soon as practicable. Wetland areas temporarily disturbed by stockpiling or other activities during construction will be returned to their preexisting elevations, and soil, hydrology, and native vegetation communities will be restored as soon as practicable.

• Revegetation of disturbed soil areas will be facilitated by salvaging and storing existing topsoil and reusing it in restoration efforts in accordance with NPS policies and guidance. Topsoil storage will be for as short a time as possible to prevent loss of seed and root viability, loss of organic matter, and degradation of the soil microbial community.

• Where plantings or seeding are required, native plant material will be obtained and used in accordance with NPS policies and guidance. Management techniques will be implemented to foster rapid development of target native plant communities and to eliminate invasion by exotic or other undesirable species.

• Minimizing shade impacts, to the extent practicable, will be a consideration in designing boardwalks and similar structures. (Placing a boardwalk at an elevation above the vegetation surface at least equal to the width of the boardwalk will be one way to minimize shading.)

• Actions will be consistent, to the maximum extent practicable, with state coastal zone management programs.

• Actions will not jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, including degradation of critical habitat.

MEASURE TO ADDRESS VISITOR USE

• Information on upcoming closures, including closure dates and arrangements for alternate trail access points, will be posted on the national recreation area website, distributed at other visitor centers within the national recreation area, and posted at the project site. Information on alternate opportunities for visitor use will be publicized on the national recreation area website, in the national recreation area newsletter, and in signage at the trailheads when closures are necessary.

MEASURE TO ADDRESS NOISE

• The contractor will create and implement a noise reduction plan. The contractor may elect any combination of legal, non-polluting methods to maintain or reduce noise to threshold levels or lower. The plan for attenuating construction-related noises will be implemented prior to the initiation of any work. The noise reduction plan will be reviewed and approved by the National Park Service. The noise reduction plan shall include a monitoring methodology to include the protection of marine species from the potential impacts of construction noise.

PERMITS AND APPROVALS NEEDED

Federal Permits

• Section 404 of the Clean Water Act

• Section 10 of the Rivers and Harbors Act

State and Local Permits

• Section 401 Water Quality Certification

• New York State Tidal Wetlands Permit

• New York State Water Withdrawal Permit Additional permits may be required as the breach and trail repair and future phases are implemented.

APPENDIX B

AGENCY AND TRIBAL CONSULTATION

Section 7 of the Endangered Species Act The NPS reviewed species data for the project area through the U.S. Fish and Wildlife Information, Planning and Conservation System. Subsequently, in a letter sent in March 2014, the NPS initiated informal consultation with the U.S. Fish and Wildlife Service in accordance with Section 7 of the Endangered Species Act regarding potential impacts of the project on federally listed threatened or endangered species. Based on information gathered during scoping and a review of the U.S. Fish and Wildlife Service Information, Planning and Conservation website, three federally listed species were identified as potentially present within the project area: seabeach amaranth (Amaranthus pumilus), piping plover (Charadruis melodus), and roseate tern (Sterna dougallii dougallii). However, the last recorded occurrence of the seabeach amaranth and piping plover within the project area was decades ago; therefore, they were not considered in the analysis. The northern long-eared bat (Myotis septentrionalis) and the red knot (Calidris canutus ssp. rufa) were listed during development of this document and were, therefore, added to the analysis. Pursuant to the Endangered Species Act, the NPS made a finding that the preferred alternative may affect but is not likely to adversely affect the red knot and roseate tern, and will have no effect on the northern long-eared bat. The U.S. Fish and Wildlife Service concurred with that finding on February 1, 2016. The NPS will continue to coordinate with the U.S. Fish and Wildlife Service with regard to a monitoring plan for listed species.

Section 106 of the National Historic Preservation Act The NPS has consulted with the New York State Historic Preservation Officer on effects to historic properties in accordance with Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s regulations (36 CFR 800). In 2014, the park completed a historic resources survey at the West Pond project area. This survey concluded that the portion of the refuge on Rulers Bar Hassock, including East and West Ponds, was not eligible for listing on the National Register of Historic Places. A copy of the historic resources survey was sent to the New York State Historic Preservation Officer, who concurred with the findings in a letter dated September 18, 2014.

On October 6, 2015, the NPS submitted the project to the New York State Historic Preservation Officer with a determination of “no historic properties affected.” The State Historic Preservation Officer concurred with that determination in a letter dated October 15, 2015.

Consultation with Tribes The NPS consulted with the Delaware Nation, the Delaware Tribe, and the Stockbridge- Munsee Mohican Tribe. The Stockbridge-Munsee Mohican Tribe responded that they did not have significant cultural resource concerns with the project due to the lack of known sites and the limited potential for intact resources. The Delaware Nation and Delaware tribes have not responded to the NPS to indicate interest in this project.

Coastal Zone Management Act, Federal Consistency Determination As defined by the Coastal Zone Management Act, federal actions subject to the enforceable polices of approved 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. New York’s coastal zone extends seaward from the mean high tide line to 3 nautical miles offshore and includes the project area. The NPS prepared a federal consistency determination that demonstrates compliance with the provisions of New York’s Coastal Management Program (44 enforceable policies) and the New Waterfront Revitalization Program (10 policies) prepared under the Coastal Zone Management Act. The federal consistency determination was provided to the New York Department of State for review and concurrence, and on November 30, 2015, the State of New York Department of State, Office of Planning and Development responded in concurrence with the NPS consistency determination.

Magnuson-Stevens Fishery Conservation and Management Act Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act directs federal agencies to consult with the National Marine Fisheries Service on all actions or proposed actions that may adversely affect essential fish habitat. Adverse effects to essential fish habitat, as defined by the National Marine Fisheries Service, are those that may result from actions occurring within or outside the essential fish habitat, and may include site-specific or essential fish habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions (50 CFR 600.810). Section 305(b) also requires the National Marine Fisheries Service to recommend measures that may be taken by the action agency to conserve essential fish habitat.

In compliance with section 305 and its implementing regulations (50 CFR Part 600), the NPS submitted the environmental assessment for the project to the National Marine Fisheries Service with a finding of no more than a minimal impact (de minimis impacts) on habitats designated as essential fish habitat. In their response dated November 4, 2015, the National Marine Fisheries Service stated that although “West Pond is currently tidally influenced due to the breach and is considered EFH [essential fish habitat], we recognize that its previous condition as a freshwater wetland complex provided habitat supporting species diversity and a productive ecosystem. This diversity helps to support the visitor, education, and recreational missions of the refuge. The resiliency of all of the surrounding habitats, including the EFH [essential fish habitat], will benefit from the restoration of the breached berm of West Pond.” National Marine Fisheries Service agreed with the findings that the proposed best management practices of using turbidity curtains and other methods would further reduce the adverse effects to essential fish habitat. In addition, they concurred that removing fill and planting in the spring when growing conditions are favorable will enhance and restore essential fish habitat for a number of federally managed species including summer flounder, bluefish, and their prey species.

Because the exact design of the wetlands and the operational procedures for freshwater releases are not fully developed at this time, the NPS will continue to work with National Marine Fisheries Service as project plans for habitat enhancement are finalized to minimize any temporary or long-term impacts to essential fish habitat that may occur during construction.

NPS Director’s Order #77-1: Wetland Protection, and Director’s Order #77-2:

Floodplain Management Pursuant to NPS Director’s Order #77-1: Wetland Protection (2002) and accompanying Procedural Manual #77-1: Wetland Protection (2012), a Draft Wetland Statement of Findings was prepared and circulated with the EA. The Draft Wetland Statement of Findings summarizes the wetland delineation and functional analysis used to assess wetlands functions at West Pond. The Draft Wetland Statement of Findings also describes how the use and modification of wetlands in the project area are essential for fulfilling the mission of the refuge and will increase functional values of essential wetlands functions. No comments were received on the Draft Wetland Statement of Findings and no changes have been made.

A Final Wetland Statement of Findings is attached as appendix F.

Pursuant to NPS Director’s Order #77-2: Floodplain Management (2003) and accompanying Procedural Manual #77-2 (2003), a Draft Floodplain Statement of Findings was prepared and circulated with the EA. The Draft Floodplain Statement of Findings summarizes the floodplain development associated with actions to repair the primary and secondary breaches in the West Pond berm and restore freshwater habitat in West Pond. The Draft Floodplain Statement of Findings also describes the reasons why encroachment into the floodplain is required to implement the project, the site-specific flood risks involved, and the measures that will be taken to mitigate floodplain impacts. No comments were received on the Draft Floodplain Statement of Findings and no changes have been made. A Final Floodplain Statement of Findings is attached as appendix G.

APPENDIX C

PUBLIC INVOLVEMENT AND COMMENTS RECEIVED

The interested public and agencies were provided an opportunity to review and comment on the environmental assessment during a 30-day review period from October 6, 2015, through November 6, 2015. Availability of the environmental assessment was announced on the NPS Planning, Environment and Public Comment (PEPC) website and through a press release, which was published on September 28, 2015. In addition, an open house public meeting was held at the Jamaica Bay Wildlife Refuge Visitor Center in Queens, New York on October 22, 2015. A total of 122 correspondences were received during the public comment period. The vast majority of comments expressed support for the preferred alternative. Some commenters provided recommendations for design features that the NPS will take into consideration during the final design stages and implementation of the selected alternative.

APPENDIX D

ERRATA

This errata sheet documents changes to the text of the EA as a result of design changes subsequent to the document being released to the public on October 6, 2015. Changes to the EA text are below and are noted by page number.

Errata

Cover page

The title is revised from “West Pond Environmental Assessment” to “Jamaica Bay Wildlife Refuge West Pond Trail Breach Repair Environmental Assessment.”

Summary page

The title of the EA is revised from “West Pond Environmental Assessment” to “Jamaica Bay Wildlife Refuge West Pond Trail Breach Repair Environmental Assessment.”

The following text is revised on page 22 of the EA:

The primary breach would be repaired utilizing an earthen embankment overlying a reinforced timber or fiber-reinforced pile core with a surface load transfer platform, with riprap from the toe of the slope to the top of the load platform on the bay side. The reinforced supporting pile core topped with a surface load transfer platform increases the internal strength of the pond embankment and reinforced side slopes in the breached area. Embankment construction to repair the primary breach would occur….

Figure 5 on page 27 of the EA is revised to reflect the following changes:

The water control structure was incorrectly indicated at the location of the secondary breach on the west side of the pond. The existing water control structure is located just south of the three benches (three blue dots) to the north of the secondary breach.

The following text is added to page 47 of the EA:

MEASURE TO ADDRESS NOISE

• The contractor will create and implement a noise reduction plan. The contractor may elect any combination of legal, non-polluting methods to maintain or reduce noise to threshold levels or lower. The plan for attenuating construction-related noises will be implemented prior to the initiation of any work. The noise reduction plan will be reviewed and approved by the National Park Service. The noise reduction plan shall include a monitoring methodology to include the protection of marine species from the potential impacts of construction noise.

In addition to documenting these changes to the EA in errata, the EA with these changes has been posted to the NPS PEPC web site.

APPENDIX E

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 finding of no significant impact. An impairment determination is made for all resource impact topics analyzed for the selected alternative. An impairment determination is not made for visitor experience and scenic resources and socioeconomics 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.

SOILS AND SEDIMENTS

The NPS selected alternative will have adverse impacts on soils and sediments during implementation. These impacts will be primarily related to construction activities and earthmoving equipment under phase 1 and future phases of the selected action. The NPS selected alternative will contribute a slight beneficial increment to the overall substantially adverse cumulative impact on soils and sediments.

The NPS selected alternative will not result in impairment of soils and sediments because, due to the localized nature of the construction activities, the use of best management practices, and soil stabilizing revegetation efforts, long-term adverse consequences to soils and sediments are not expected to result from construction activities associated with implementation of the selected action. In addition, over the long-term, repairing the breaches and stabilizing the banks will provide slightly beneficial impacts to soils and sediments by reducing the increased pressure from storm surge and improving the success of reestablished soil-stabilizing vegetation. The redesignation of the loop trail will localize soil impacts to the trail and further reduce erosion and future habitat restoration activities will contribute largely beneficial long-term impacts to soils and sediments because of the increased soils and sediment stabilization these efforts will afford.

WATER RESOURCES

The NPS selected alternative will have temporary construction-related adverse impacts to water resources from disturbances and increased sedimentation during construction activities. Freshwater replenishment by a groundwater well will have no adverse impacts on water resources because there will be no long-term impacts associated with construction activities or the available volume of water. Seasonal drawdowns through the water control structure could have an adverse impact on water quality outside the water outfall, but it is expected to be negligible because the NPS will develop management strategies to address these seasonal freshwater releases to ensure the letdown rates are compatible with the flushing rates and tidal cycles to the extent practicable. Installation of a water control structure will provide additional capacity for national recreation area staff to manage water and salinity levels for purposes of wildlife management, resulting in improved water quality conditions for wildlife. The selected action will contribute a beneficial increment to the overall substantially adverse cumulative impact.

The NPS selected action will not result in impairment of water resources because there will be no long-term adverse impacts to water resources. Once the transition to freshwater conditions within West Pond is complete and wetland and vegetation conditions stabilize, impacts on West Pond water resources will be beneficial. Restoring shoreline habitat and saltmarsh under future phases will attenuate wave action and storm surges, which will control erosion and sedimentation in the water column. The shoreline habitat restoration will also function to trap sediments to aid in the accretion process to further improve water quality.

WETLANDS AND FLOODPLAINS

The NPS selected alternative will have slight, adverse impacts to wetlands and floodplains during construction because approximately 0.35 acres of tidal conveyance and 0.08 acres of upland, intertidal sand, and emergent wetland will be filled at the primary and secondary breach, respectively. Long-term consequences to wetlands are not expected to result from the installation of the water control structure or a groundwater supply well due to the use of best management practices and avoidance of wetland and seasonally flooded areas during site selection and construction. Under future phases, installation of amenities will have temporary but recoverable slight adverse construction impacts and minimal loss of wetland habitat due to shading. The selected alternative will contribute a minimally beneficial increment to the overall substantially adverse cumulative impact because of the substantial influence from previous development and pollution.

The NPS selected action will not result in impairment of wetlands and floodplains because adverse impacts during construction activities will be temporary, limited to the time of construction, guided by best management practices, and localized to a…