Public Notice Public Notice No: CENAP-PL-E-02-03 Date: April 29, 2002 In Reply Refer To: Environmental Resources Branch

SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT CHANGES TO FORT DELAWARE STATE PARK EROSION CONTROL PROJECT PEA PATCH ISLAND OFF OF DELAWARE CITY, NEW CASTLE COUNTY, DELAWARE
 

INTRODUCTION: Pursuant to Section 102 of the National Environmental Policy Act, Section 10 of the Rivers and Harbors Act, and Section 404 of the Clean Water Act, NOTICE IS HEREBY GIVEN THAT, the Philadelphia District, U.S. Army Corps of Engineers has completed a Supplemental Environmental Assessment (SEA) that has evaluated the changes in the erosion control project to restore a portion of historic Fort Delaware State Park that has been impacted by erosion, and to prevent further erosion to this area on Pea Patch Island, New Castle County, Delaware.  This environmental assessment supplements one that was prepared in May 1999 and one that was prepared in June 2000 to assess changes in the project that have been made since the publication of these two documents.  Maps (Figures 1 - 6) of the project are enclosed. This project is being done under the authority of Section 110 of the National Historic Preservation Act (53 FR 4727-46). 

 PROJECT SPECIFICATIONS: The following changes have been made in the project since the completion of the environmental assessment (May 1999) and the supplemental environmental assessment (June 2000): 

1. Source of Fill.  Approximately 32,500 cubic yards of primarily sand and gravel, to be placed behind the stone breakwaters, will be dredged from the Federal navigation channel immediately adjacent to the southeast corner of Pea Patch Island.  This location has been previously dredged to maintain the navigation channel and the current dredging will be maintenance dredging for the current 40-foot navigation channel.  The previously identified source of the majority of the fill had been material excavated from a proposed reconstructed swale, but this alternative proved to be infeasible (see “d” below).
2. North Sluice Gate Restoration.  The sluice gate structure and winch for the drainage ditch behind the north breakwater feeding into the sluiceway would be reconstructed to agree with historical documents.  However, the sluice gate will not be used as a gate.  Rather, tidal water will flow unimpeded in and out through the sluice gate structure and a length of 24” diameter reinforced concrete pipe to maintain water flow in and out of a new drainage ditch, using the same technique used for the South Sluice Gate.

3. Debris removal north of the sluiceway.  Approximately 10 cubic yards of wood debris will be removed prior to filling behind the stone breakwaters.  This material consists mostly of driftwood and will be deposited offsite or chipped and used on the island.  Any trash would be legally disposed of off the island.
4. Reconstructed Swale.  A reconstructed swale that was proposed in the 1999 Environmental Assessment has been eliminated due to potential impacts to an existing yellow crowned night heron rookery, as well as cultural and engineering constraints.  Elimination of the swale negates 1.54 acres of mitigation that had been proposed to compensate for filling wetlands and special aquatic sites.  The Corps and the DNREC, Parks and Recreation propose to implement a mutually agreeable plan of action to compensate for the 1.54 acres that would have been replaced by the reconstructed swale.  The concepts that will be investigated will include, but not be limited to, creating wetlands from uplands, additions to artificial reefs, and creating breakwaters to prevent erosion and/or restore existing wetlands on Pea Patch Island.  One alternative that is being considered is using a staggered breakwater to protect the eroding wetlands at the southwest corner of Pea Patch Island and permit egress and ingress by mobile aquatic organisms such as fish.
5. Erosion Protection for Heron Rookery.  The proposal will address preventing the continuing erosion in this area which is located on the north east side of the island where continuing erosion threatens to separate the heron colony from the rest of the island.  Methods discussed include a staggered or segmented breakwater that would allow egress and ingress by mobile aquatic organisms such as fish.

 RESULTS OF ENVIRONMENTAL ASSESSMENT: In accordance with the National Environmental Policy Act of 1969, a Supplemental Environmental Assessment has been prepared for this project.  Impacts to Water Quality have been evaluated in accordance with the Section 404(b)(1) guidelines of the Clean Water Act, and are not adverse.

    1.      In accordance with Section 401 of the Clean Water Act, supplemental approvals and extensions for the existing         Water Quality Certifications are being requested from the Delaware Department of Natural Resources and Environmental Control (DNREC) since the work under these permits will continue beyond their expiration dates.  These authorizations were previously provided by State Wetland Permits WE-075/99, that will expire on June 11, 2002, and WE-278/00, that will expire on August 29, 2003. 

2.      In accordance with Section 307 (c) of the Coastal Zone Management Act of 1972, an activity affecting land or water uses in a State's coastal zone must comply with the State's Coastal Zone Management Program.  A certification of compliance is being requested from the Delaware Department of Natural Resources and Environmental Control.

3.      It has been determined that the proposed work would not affect listed species or their critical habitat pursuant to Section 7 of the Endangered Species Act as amended.  The project has been coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.

4.      The project changes as detailed in this supplemental EA have the potential to impact cultural resources.  The District notified the Delaware State Historic Preservation Office about these project changes in a letter dated April 8, 2002.  Section 106 consultation is ongoing and will be concluded prior to any project activity.

5.      An Essential Fish Habitat Evaluation that was performed under provisions of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act of 1996 (P.L. 94-265) for the June 2000 Supplemental EA, determined that no significant impacts would occur to species with Fishery Management Plans and their important prey species.  The proposed changes are not expected to change the results of this determination.

6.      All practicable means to avoid or minimize adverse environmental effects have been incorporated into the recommended plan.

COORDINATION: The Supplemental Environmental Assessment for the project is being coordinated with the U.S. Environmental Protection Agency Region III, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Delaware State Historic Preservation Officer, and the Delaware Department of Natural Resources and Environmental Control (DNREC).

 PUBLIC COMMENT: The pubic and all agencies are invited to comment on this proposal between April 29, 2002 and May 13, 2002.  Any person may request, in writing, to the District Engineer, within the comment period specified in this notice, that a public hearing be held to consider this proposal.  Requests for a public hearing shall state, in detail, the reasons for holding a public hearing. 

 Additional information and copies of the Supplemental Environmental Assessment are available upon request by calling John Brady (215) 656-6555 or by writing the Environmental Resources Branch, U.S. Army Corps of Engineers, Wanamaker Building, 100 Penn Square East, Philadelphia, Pennsylvania 19107-3390.  More detailed information on this work is also available for public review at the Philadelphia District Office.

SIGNED:

Paul Gaudini, P.E.
Acting Chief, Planning Division