Environmental Assessment Emergency Boat Ramp Construction Burlington Bridge Commission Palmyra, Burlington County, NJ PSGP 2009-PU-T9-K005 IJ#2(01) August 2012 U.S. Department of Homeland Security Federal Emergency Management Agency Region II, 26 Federal Plaza, NY, NY 10278 TABLE OF CONTENTS LIST OF ACRONYMS IV 1.0 INTRODUCTION 1 2.0 PURPOSE AND NEED 1 3.0 DESCRIPTION OF ALTERNATIVES CONSIDERED 2 3.1 Alternative 1: No Action 2 3.2 Alternative 2: Proposed Action - Construct Emergency Boat Ramp 2 4.0 ENVIRONMENTAL SETTING AND POTENTIAL IMPACTS OF THE PROPOSED ACTION AND ALTERNATIVES CONSIDERED 3 4.1 General Site Description 3 4.2 Geology and Soils 3 4.2.1 Alternative 1 – No Action 4 4.2.2 Alternative 2 - Construct Emergency Boat Ramp 4 4.3 Water resources, Wetlands Protection and Floodplain Management 5 4.3.1 Alternative 1 – No Action 5 4.3.2 Alternative 2 - Construct Emergency Boat Ramp 5 4.4 Coastal Resources 6 4.4.1 Alternative 1 – No Action 6 4.4.2 Alternative 2 - Construct Emergency Boat Ramp 6 4.5 Biological resources 6 4.5.1 Alternative 1 – the No Action Alternative 7 4.5.2 Alternative 2 - Construct Emergency Boat Ramp 7 4.6 Air Quality 8 4.6.1 Alternative 1 – the No Action Alternative 8 4.6.2 Alternative 2 - Construct Emergency Boat Ramp 8 4.7 Transportation 8 4.7.1 Alternative 1 – the No Action Alternative 8 4.7.2 Alternative 2 - Construct Emergency Boat Ramp 8 4.8 noise 8 4.8.1 Alternative 1 – the No Action Alternative 9 4.8.2 Alternative 2 - Construct Emergency Boat Ramp 9 4.9 Cultural Resources 9 4.9.1 Alternative 1 – the No Action Alternative 9 4.9.2 Alternative 2 - Construct Emergency Boat Ramp 9 4.10 Socioeconomic 9 4.10.1 Alternative 1 – the No Action Alternative 10 4.10.2 Alternative 2 - Construct Emergency Boat Ramp 10 4.11 Safety 10 4.11.1 Alternative 1 – the No Action Alternative 10 4.11.2 Alternative 2 - Construct Emergency Boat Ramp 10 4.12 Climate Change 10 4.13 Cumulative Impacts 10 5.0 PERMITS AND CONDITIONS 11 6.0 PUBLIC INVOLVEMENT 12 7.0 CONCLUSION 12 8.0 LIST OF PREPARERS 13 LIST OF APPENDICES Appendix A Project Location Maps, Site Photographs and Design Plan Appendix B Resource Mapping Appendix C Correspondence Appendix D USACE & NJDEP Permits Appendix E EO 11988 & EO11990 Eight-Step Decision Making Process LIST OF ACRONYMS APE Area of Potential Effect BFE Base Flood Elevation BMP Best Management Practice(s) CFR Code of Federal Regulations DHS Department of Homeland Security EA Environmental Assessment EIS Environmental Impact Statement EJ Environmental Justice EO Executive Order EPA Environmental Protection Agency FEMA Federal Emergency Management Agency FIRM Floodplain Insurance Rate Map FONSI Finding of No Significant Impact MTSA Maritime Transportation Security Act of 2002 NEPA National Environmental Policy Act NGVD National Geodetic Vertical Datum NJDEP New Jersey Department of Environmental Protection NJSHPO New Jersey State Historic Preservation Office NMFS National Marine Fisheries Service OEHP Office of Environmental Planning & Historic Preservation OSHA Occupational Safety and Health Administration PEA Programmatic Environmental Assessment RCRA Resource Conservation and Recovery Act SIP State Implementation Plan USACE U.S. Army Corps of Engineers (Philadelphia District) USFWS U.S. Fish and Wildlife Service WMA Watershed Management Area 1.0 INTRODUCTION The Burlington Bridge Commission (Commission) has applied for federal funding from the Department of Homeland Security-Federal Emergency Management Agency’s (DHS-FEMA) Port Security Grant Program, as sub-grantee, to construct a new emergency boat ramp on the Delaware River, adjacent to the Tacony-Palmyra Bridge in Palmyra, NJ (See Appendix A Figures 1-3). The Maritime Exchange for the Delaware River and Bay is the grantee for the proposed project. The proposed port security enhancement would minimize security vulnerabilities for bridges within the Commission’s responsibility by creating an emergency access ramp to the Delaware River, and would benefit public safety by providing an emergency access point to the river for local and regional law enforcement and emergency response teams. This project grant would fund the installation of one emergency boat ramp on State of New Jersey property that is managed by the Burlington County Bridge Commission. The project scope of work would include soil erosion and sediment control, site dewatering, excavation and disposal of sediment, and site restoration (See design plan figure 4 in Appendix A). The construction site area would be limited to approximately 2,400 square feet. FEMA is required as a federal agency to evaluate the potential environmental impacts of its proposed actions, and alternatives to proposed actions, in order to make an informed decision in defining a proposed project for implementation. FEMA must consider and incorporate, to the extent practicable, measures to avoid, minimize or mitigate adverse impacts to the human environment. The environmental analysis is conducted in compliance with the National Environmental Policy Act (NEPA), and its implementing regulations at 40 CFR Parts 1500-1508 and FEMA’s regulations at 44 CFR Part 10. FEMA evaluates financial assistance projects prior to grant approval. This Environmental Assessment (EA) serves as documentation of FEMA’s analysis of the potential environmental impacts of the proposed emergency boat ramp construction project, including analysis of project alternatives, and identification of impact minimization measures. The document serves as written communication of the environmental evaluation for public and interested party comment. Public involvement is a component of NEPA to inform an agency’s determination of whether to prepare an Environmental Impact Statement (EIS) or issue a Finding of No Significant Impact (FONSI). This EA was tiered from a 2010 Programmatic Environmental Assessment (PEA) for Grant Programs Directorate Projects. The Commission must also adhere to the conditions of the FONSI for the PEA, issued in July 2010. The public can refer to the PEA for additional programmatic evaluation of environmental impacts. 2.0 PURPOSE AND NEED The purpose of the Port Security Grant Program is to provide funding for activities which help to enhance the security and safety of ports in the United States. The purpose of the proposed project is to enhance security and safety for bridges within the Commission’s responsibility, and to provide emergency river access for local and Regional law enforcement and emergency response teams. The need for the project is to address port and waterway security vulnerabilities at road and rail facility access points, and to implement plans to meet Maritime Transportation Security Act of 2002 (MTSA) (PL107-295) requirements. 3.0 DESCRIPTION OF ALTERNATIVES CONSIDERED The following alternatives are being considered: 3.1 ALTERNATIVE 1: NO ACTION If no federally funded project were implemented, the Commission would not construct the emergency boat ramp described in section 3.2. This No Action Alternative would not address project purpose and need, and would not minimize port/bridge security risks or benefit public safety. 3.2 ALTERNATIVE 2: PROPOSED ACTION - CONSTRUCT EMERGENCY BOAT RAMP The scope of work for the proposed alternative would consist of installation of one emergency boat ramp on State of New Jersey property that is managed by the Burlington County Bridge Commission. The boat ramp would be for emergency and maintenance purposes by the Commission. The boat ramp would also be used by local and regional law enforcement and emergency response teams as needed. The boat ramp would not be open to the public for recreational purposes. The project scope of work would include soil erosion and sediment control, site dewatering, excavation and disposal of soils, and site restoration. The construction site area would be limited to approximately 2,400 square feet. The boat ramp would be comprised of 8’ wide concrete matting placed on top of a 12’ x 67’ stone bed base (with stones of 4-5” nominal dimension) and a concrete apron at the top of the ramp. The concrete apron would have a trapezoid plan view layout that would be 18’ wide at its landward width scaling to 12’ wide at its western river side. The side length of the concrete apron would be 10’ and depth of the apron would be 6” (See Figure 4 in Appendix A). It is not anticipated that the existing access road would need to be modified for facility use. It is anticipated that temporary construction staging of equipment and materials will be situated on existing impervious cover or disturbed portions of the property to avoid disturbance to floodplain habitats. Site dewatering would be accomplished through placement of a rubberized membrane at the waterside perimeter and use of pump to pump out water as needed to work in the dry. The site was selected by the Commission due to property availability; the site’s proximity to the Tacony-Palmyra Bridge; the site’s existing cleared sandy access road, which is connected to the paved side roads by a crushed stone trail; as well as, proximity to an existing parking lot and building at the nature park on the property. No other site alternatives were considered by the Commission for the proposed action. 4.0 ENVIRONMENTAL SETTING AND POTENTIAL IMPACTS OF THE PROPOSED ACTION AND ALTERNATIVES CONSIDERED Table 1 below summarizes potential impacts of the No Action and Proposed Action alternatives. The following sections provide a more detailed description of the affected environment and potential environmental impacts of the No Action and Proposed Action alternatives. 4.1 GENERAL SITE DESCRIPTION The proposed project area is situated on state-owned property in Palmyra Boro, Burlington County, NJ at the river’s edge of the Delaware River at the following coordinates 40 º00’31.67”E; 75 º0235.84”W (See Appendix A Location Maps). The property functions as a nature park, with a parking lot, educational nature center, and recently constructed piers and walkways. The site is bordered to the west by the Delaware River, to the southeast and northeast by deciduous forest and old field habitat of the nature park (See Figure 6 in Appendix B). The Tacony-Palmyra Bridge crosses the Delaware less than ½ mile north of the proposed emergency boat ramp. 4.2 GEOLOGY AND SOILS The project site’s physiographic delineation is coastal plain, and specifically referred to as Piedmont Plains. The site is located on salt marsh and estuarine deposits of silt, peat, clay, and minor pebble gravel of approximately 100 feet depth with an underlying bedrock classified as Potomac Formation and described as sand, fine-to-coarse-grained and interbedded with white, red or yellow clay. The soils of the area are classified as Udorthents, dredged coarse materials, with 0 to 8 percent slopes (See Appendix B Figure 5). The site soils may include fill material and soils associated with natural sedimentation processes of the estuarine river. There is no known site contamination in the project area or vicinity. The Palmyra Cove Nature Park has a network of maintained trails constructed from crushed stone compacted in place in the area of the proposed facility. The trails are routinely patrolled by law enforcement personnel in vehicles. TABLE 1 Summary of Potential Environmental Impacts for Evaluated Alternatives Resource No Action Alternative Proposed Action Geography and Soils No impact. No significant impact. Land Use No impact. No significant impact. Noise No impact. Minor, temporary noise will be generated during construction. Noise associated with operation similar to ambient conditions. Air Quality No impact. No significant impact. Minor, temporary impact associated with dust and particulate matter during construction. Water Quality No impact. Minor impacts during construction. Best Management Practices would be used during construction for sedimentation and erosion control, as well as turbidity control. Wetlands No impact. Adverse impacts to no more than 1,000 square feet of riverine wetland. Refer to USACE permit limitations on project footprint. Floodplain Management No impact. Minor loss of floodplain and wetland habitat. The proposed project will not alter the overall ecosystem function of the riparian habitat area. The proposed construction would not substantially induce flooding on downstream or upstream structures or communities. Coastal Resources No impact No significant impact. Best management practices incorporated as NJDEP permit conditions. Project is consistent with state coastal zone management rules. Biological Resources-Fish & Wildlife Habitat No impact. Adverse impacts to no more than 1,000 square feet of riverine wetland and forested riparian buffer. Refer to USACE permit limitations on project footprint. Cultural Resources No impact. No Historic Properties Affected. Visual Resources No impact. No significant impact. Socioeconomics Potential negative effect due to continued unaddressed risk of security and to public safety. Positive impact in enhancing port security and public safety. Environmental Justice No impact. No adverse impact on neighboring low-income and minority populations. Public Health & Safety Negative impact due to continued vulnerability of port/bridges. Positive impact in enhancing port/bridge crossing security and safety on the river. Occupational Safety & Health Administration Standards (OSHA) shall be adhered to during construction to protect worker health & safety. Public Services & Utility No impact. No significant impact. Transportation No impact. Negligible or no traffic increase during construction and project operations. Completed project would provide river access for the Commission and local/regional law enforcement and/or emergency response teams. 4.2.1 Alternative 1 – No Action The No Action Alternative has no potential to affect geology and soils because no construction or other ground disturbance would take place. 4.2.2 Alternative 2 - Construct Emergency Boat Ramp The proposed project would not result in any significant impact on soils or geology, nor be significantly constrained from a site engineering perspective by the site’s geology or soil types. The facility is located on a fill material and sediments of the Delaware River. The river sediment substrate, and the aquatic invertebrates or plants that the substrate supports, will be permanently displaced by the physical footprint of the boat ramp. The footprint is less than 1,000 square feet in size. It is not anticipated that the proposed construction would have any effect on the geologic stability of the property. The Commission (or its contractors) will be responsible to obtain any applicable certifications or permits from the Burlington Soil Conservation District in accordance with the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24 -39 et seq.) and Stormwater Management Rules (N.J.A.C. 7:8) prior to start of construction. As stated, there is no known site contamination. Any soils to be excavated would be handled, hauled, and disposed/recycled in accordance with all applicable local, state and federal laws and regulations. 4.3 WATER RESOURCES, WETLANDS PROTECTION AND FLOODPLAIN MANAGEMENT The site is located in and along the Delaware River. The Delaware River has low salinity in this reach, but is tidal. The site is located in the Watershed Management Area (WMA) 18 Lower Delaware. According to the National Wetlands Inventory, the project is located within a riverine wetland (See Appendix E Figure 8). A nearby freshwater wetland is outside the area of potential effect of the proposed project (See Appendix E Figure 9). According to the National Flood Insurance Program’s Flood Insurance Rate Map #3401100001C effective date Mary 4, 1992 (Appendix E Figures 7), the site is partially located within a designated “AE Zone”, which is within the 100-year floodplain. The Base Flood Elevation (BFE) is 10 feet (NGVD 1929). Executive Order 11988 and 11990 and regulation 44 CFR Part 9 require FEMA, and its grantees and sub-grantees, to evaluate all practicable alternatives for location of facilities outside the 100-year floodplain and to avoid wetland disturbance. If location is outside the 100-year floodplain or wetland is not practicable, FEMA, and its grantees and sub-grantees, must evaluate minimization measures to reduce the impact of the structure on/by the floodplain and wetland. The alternative analysis for EO 11988 and 11990 is incorporated into this EA. The Eight Step Decision-Making Process per 44CFRPart9 review is summarized in Appendix E. 4.3.1 Alternative 1 – No Action Because there would be no new construction under the No Action Alternative, there would be no change of impervious surfaces on the property. Additionally, there would be no potential effects to drainage patterns or wetlands in the area, nor would there be any effects to the 100-Year Floodplain. 4.3.2 Alternative 2 - Construct Emergency Boat Ramp FEMA anticipates that the proposed action may cause turbidity and would permanently displace a riverine wetland area (per wetland definition at 44CFRPart§9.4) less than 1,000 square feet in size. Limits of wetland disturbance are a condition of the project’s U.S. Army Corps of Engineers (USACE) permit issued in accordance with Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. Reference Permit No. CENAP-OP-R-200601190-46(IP) (See Appendix D). The project will adversely impact the area’s existing fisheries habitat, potentially submerged aquatic vegetation, and aquatic invertebrate habitat within the project footprint. The water column above the boat ramp will provide continued habitat for pelagic fish. The concrete matting would infill with sediment, and potentially plant material, over time. The posed project would not significantly impact water quality. The proposed project will not significantly impact prey resources for fish or foraging shorebirds. A seasonal restriction for construction has been incorporated into the project via the New Jersey Department of Environmental Protection (NJDEP) Permit No. 0327-02-002.2 to protect state warm water fisheries (See Appendix D). A timing restriction of March 15 through June 30 and September 1 through November 30 is necessary to protect anadromous fish and warm water fish during migration and/or spawning from any turbidity generating activity. The Commission also has a mitigation requirement, as stated in the NJDEP Permit, to conduct a submerged aquatic vegetation survey for the project area. As the boat ramp will only be used during emergency or Commission maintenance trips, disturbance to riparian habitat flora and fauna is anticipated to be minimal for permanent facility operation. Best Management Practices would be used during construction for sedimentation and erosion control, and to handle any contaminated soil or groundwater in accordance with local, state and federal laws, regulations and executive orders. The Commission (or its contractors) will be responsible to obtain any applicable certifications or permits from the Burlington Soil Conservation District in accordance with the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24 -39 et seq.) and Stormwater Management Rules (N.J.A.C. 7:8) prior to start of construction. As described in Appendix E summary, it would not be practicable to locate the entire proposed action outside of the Special Flood Hazard Area and riverine wetland. The facilities must be located as identified to fulfill site access point security function. 4.4 COASTAL RESOURCES The proposed project is located within the coastal zone management boundary of the tidal Delaware River. 4.4.1 Alternative 1 – No Action The No Action alternative would have no significant adverse effect on coastal resources. 4.4.2 Alternative 2 - Construct Emergency Boat Ramp The proposed project alternative would not significantly impact the quality of the surrounding estuarine environment. The proposed project would result in adverse impact to state tidelands and riverine wetland resources. As stated in Section 4.3 above and 4.5 below, the adverse impacts to coastal resources have been minimized and mitigated to the extent practicable. The NJDEP determined that the project is compliant with all applicable rules of Coastal Zone Management per the project’s NJDEP Permit No. 0327-02-002.2. 4.5 BIOLOGICAL RESOURCES The riverine wetlands of the proposed project area provide habitat for aquatic invertebrates, estuarine fisheries, and potentially support aquatic plants such as wild celery (Vallisneria americana) (See Figures 8 & 9 in Appendix E). Migratory shorebirds may utilize the project area’s tidal wetlands for foraging. The forested riparian buffer habitat and old field meadow habitat of the vicinity floodplain provide shelter and habitat for small mammals, amphibians, reptiles, and passerine birds (See Figure 6 in Appendix B). There are no federally listed threatened or endangered or candidate species in the jurisdiction of the U.S. Fish and Wildlife Service (USFWS) known to occur the project area in (Appendix C). The site is located within the North Atlantic Migratory Flyway for migratory birds. The endangered Shortnose sturgeon (Acipenser brevirostrum) and endangered Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) are known to occur within the project reach of the Delaware River. There is no known spawning habitat for these protected species within the project area. Protection of these species is under the jurisdiction of the National Marine Fisheries Service (NMFS). 4.5.1 Alternative 1 – the No Action Alternative The No Action alternative would have no impact on fish and wildlife habitat, including federally listed threatened or endangered species, state listed or protected species, bald eagles, and migratory bird habitat. 4.5.2 Alternative 2 - Construct Emergency Boat Ramp FEMA has determined that the Proposed Action alternative would have no significant adverse impact on biological resources. As discussed previously, the project will adversely impact less than 1,000 square feet of wetlands due to loss of natural river sediments (and associated habitat) within the footprint of the emergency boat ramp. The proposed project will not significantly impact prey resources for migratory birds or protected fish species. A seasonal restriction for construction has been incorporated into the project via the NJDEP Permit No. 0327-02-002.2 to protect state warm water fisheries. A timing restriction of March 15 through June 30 and September 1 through November 30 is necessary to protect anadromous fish and warm water fish during migration and/or spawning from any turbidity generating activity. The Commission also has a mitigation requirement, as stated in the NJDEP Permit, to conduct a submerged aquatic vegetation survey for the project area. As the boat ramp will only be used during emergency or Commission maintenance trips, disturbance to riparian habitat flora and fauna is anticipated to be minimal for permanent facility operation. The water column above the boat ramp will provide continued habitat for pelagic fish. FEMA determined that the proposed project would not significantly impact migratory birds and would have no effect on threatened and endangered (or candidate) species within the jurisdiction of the USFWS. FEMA informally consulted with the USFWS via correspondence dated May 16, 2011. USFWS concurred with FEMA’s finding and stated via correspondence dated May 23, 2011 that they support the timing restrictions in the NJDEP Permit No. 0327-02-002.2 as a conservation recommendation to protect warm water fish (See Appendix C). FEMA is consulting with NMFS in parallel with the public review and comment period for this Environmental Assessment. FEMA has concluded that the proposed project may affect, but is not likely to adversely affect the listed Shortnose and Atlantic sturgeon (See Appendix C). 4.6 AIR QUALITY The Federal Clean Air Act requires each state to attain and maintain specified air quality standards. Ambient Air Quality Standards have been promulgated by the federal government and by New Jersey for total suspended particulate (TSP), sulfur dioxide (SO2), carbon monoxide (CO), nitrogen dioxide (NO2), and lead. The New Jersey standards are generally the same as the federal standards for these pollutants. Primary air quality standards are set to protect human health and secondary standards are set to protect human welfare. The proposed project is located in a non-attainment area for Ozone under the 8-hour standard and particulate matter (PM-2.5). 4.6.1 Alternative 1 – the No Action Alternative The No Action Alternative would result in no effects to air quality. 4.6.2 Alternative 2 - Construct Emergency Boat Ramp The construction will have minor impacts to local air quality, due to potential dust, that can be controlled by construction Best Management Practices (BMP). The project will not involve creation of permanent air emissions. Construction emissions are anticipated to below de minimis levels for criteria pollutants. The compliance with Clean Air Act for this type of construction activity was demonstrated in the Programmatic Environmental Assessment (PEA) for Grant Programs Directorate Projects. 4.7 TRANSPORTATION The location is in proximity to the Tacony-Palmyra Bridge and within the Delaware River, which is a navigable waterway. 4.7.1 Alternative 1 – the No Action Alternative The No Action alternative would not result in any new construction; therefore there would be no potential for increased traffic. 4.7.2 Alternative 2 - Construct Emergency Boat Ramp It is expected that there would be short-term increases to local traffic associated with construction vehicles. The security facility will not generate any additional traffic during operation. The boat ramp will provide emergency access to the river for the Commission and other emergency/law enforcement teams. 4.8 NOISE Noise can be defined as unwanted sound, or more specifically as any sound that is undesirable because it interferes with speech and hearing, is intense enough to damage hearing, or is otherwise annoying. The project site is located in close proximity to the Tacony-Palmyra Bridge and the ambient traffic noise from trucks and cars. 4.8.1 Alternative 1 – the No Action Alternative There would be no impact to noise levels under the No Action Alternative. 4.8.2 Alternative 2 - Construct Emergency Boat Ramp Short-term noise impacts are anticipated due to operation of heavy construction equipment; however, the construction noise levels are not anticipated to be significantly above the ambient port operation noise levels. There are no sensitive receptors that would be adversely affected by the temporary construction activities. 4.9 CULTURAL RESOURCES The project area or Area of Potential Effects (APE) has low archaeological sensitivity due to the disturbed soils condition. Based on an interpretation of an 1888 map titled “A Topographical Map of the Vicinity of Camden, Burlington, Winslow, Elmer and Swedesboro"; FEMA has determined that project site is located on fill material, likely dredge spoils and/or sedimentation of the Delaware River (See Appendix C). No National Register listed or other potentially eligible historic structures are located within the APE. 4.9.1 Alternative 1 – the No Action Alternative The No Action Alternative would have no potential effect on cultural resources because it would not involve site construction. 4.9.2 Alternative 2 - Construct Emergency Boat Ramp FEMA performed a Section 106 consultation with New Jersey Historic Preservation Office (NJSHPO), dated June 26, 2011. FEMA determined that the proposed site is located on land with low probability for the occurrence of archaeological resources. There are no National Register listed or eligible existing structures that would be impacted by the project in the project area or vicinity. Based on these findings, FEMA concluded that the proposed undertaking would have no affect on historic properties. In a response dated July 7, 2011, NJSHPO concurred with FEMA’s finding of No Historic Properties Affected (See Appendix C). 4.10 SOCIOECONOMIC Data provided by EPA Environmental Justice (EJ) Mapper indicates that the project is near a potentially sensitive EJ community. The community directly adjacent to the port consists of a population comprised of over 78% minorities. Less than 6% are below poverty according to U.S. Census Data from 2010. Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Fair treatment means that no group of people, including a racial, ethnic, or socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies. 4.10.1 Alternative 1 – the No Action Alternative The No Action Alternative will not have any impact of socioeconomic conditions of the area. 4.10.2 Alternative 2 - Construct Emergency Boat Ramp While the nearby community is a potentially sensitive Environmental Justice community, the proposed action will not result in disproportionate adverse impact to the community. The proposed action will result in no appreciable increases in noise, traffic, or emissions. The project will provide additional safety and security for the Delaware River port area that will benefit surrounding residents. 4.11 SAFETY 4.11.1 Alternative 1 – the No Action Alternative The No Action Alternative would not address the vulnerabilities of the port/bridge area and risks of terrorism, as compared to the Proposed Action Alternative. 4.11.2 Alternative 2 - Construct Emergency Boat Ramp The proposed action will increase security and enhance safety and decrease the potential risk of terrorism. Increased and updated security has the potential to result in a beneficial impact to the health, safety, and welfare of the public and environment. 4.12 CLIMATE CHANGE Climate change could potentially increase temperatures in the northeast, cause more severe weather incidents to occur, and cause sea level rise. Consideration of climate change does not change the decision-making to implement the proposed project. The design elevations must address existing condition. The grantee can use adaptive management to further elevate or modify the ramp structure in the future should sea level rise impact the facility’s function. The proposed new facility would be designed to current codes and standards to ensure the structure would be sound. 4.13 CUMULATIVE IMPACTS Table 1 summarizes the potential environmental impacts of the No Action and Proposed Action alternative. Neither alternative would significantly adversely impact the environment due to cumulative potential impacts. Past projects in the project vicinity, about ½ mile away, included new piers, boardwalks and site amenities associated with the nature park. The proposed action, in combination with the past projects, does not trigger cumulative adverse impact concerns. 5.0 PERMITS AND CONDITIONS The Commission will be responsible for obtaining all applicable permits for project implementation prior to construction, and to adhere to permit conditions. The Commission has already obtained permits from NJDEP and USACE for construction implementation. The conditions of those permits are adopted as conditions of FEMA’s grant. The Commission (and its construction contractor) will be responsible to obtain any applicable certifications or permits from the Burlington Soil Conservation District in accordance with the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24 -39 et seq.) and Stormwater Management Rules (N.J.A.C. 7:8) prior to start of construction. It is expected that the Commission and its construction contractor(s) will conduct construction utilizing best management practices to limit noise, dust and sedimentation & erosion during construction. OSHA standards would be followed during construction to avoid adverse impacts to worker health and safety. Any substantive change to the approved scope of work will require re-evaluation by FEMA for compliance with NEPA and other laws and executive orders. This EA was tiered from a Programmatic Environmental Assessment (PEA) for Grant Programs Directorate Programs. The sub-grantee must also adhere to the following conditions during project implementation that were identified in the Finding of No Significant Impact, issued in July 2010, for the PEA: 1. Excavated soil and waste materials will be managed and disposed of in accordance with applicable local, state and federal regulations. If contaminated materials are discovered during construction activities, the work will cease until the appropriate procedures and permits are implemented. 2. The grantee and sub-grantee will follow applicable mitigation measures as identified in Section 7 of the PEA for Grant Programs Directorate Programs to the maximum extent possible. 3. In the event that unmarked graves, burials, human remains, or archaeological deposits are uncovered, the grantee and sub-grantee will immediately halt construction activities in the vicinity of the discovery, secure the site, and take reasonable measures to avoid or minimize harm to the finds. The grantee and sub grantee will inform FEMA of any archaeological findings immediately and FEMA will consult with the State Historic Preservation Office and/or Tribal Historic Preservation Officer or appropriate Tribal official. Construction work cannot resume until FEMA completes consultation and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act and other applicable Federal and State regulations. 4. The grantee and sub-grantee must meet any project-specific conditions developed and agreed upon between FEMA and with the environmental planning or historic preservation resource and regulatory agencies during consultation and coordination. 5. The grantee and sub-grantee are responsible for obtaining and complying with all required local, State and Federal permits and approvals. The PEA is available for download from https://www.fema.gov/environmental-historic-preservation-documents. 6.0 PUBLIC INVOLVEMENT In accordance with NEPA, this EA Report will be released for a 15-day public review and comment period. Availability of the document for comment will be advertised in the Courier Post newspaper. A hard copy of the EA will be available for review at the Burlington Bridge Commission Office’s at 1300 N. Route 73, Palmyra, NJ 08065 located at. An electronic copy of the EA is available for download from the FEMA website at www.fema.gov/environmental-planning-and-historic-preservation-program/environmental-documents-and-public-notice-4. The public is invited to submit written comments by mail to FEMA Region II, Mitigation Division, Environmental Planning & Historic Preservation, RM1337F, 26 Federal Plaza, NY, NY 10278 or via email to FEMAR2COMMENT@fema.dhs.gov. If no substantive comments are received from the public and/or agency reviewers the PEA will be adopted as final and a Finding of No Significant Impact will be issued by FEMA. If substantive comments are received, FEMA will evaluate and address comments as part of Final Programmatic Environmental Assessment documentation. The following agencies will receive notices of availability of the EA NJSHPO NJDEP Land Use Regulation Program NMFS USACE Philadelphia District, Regulatory Branch USFWS The following is a list of federal, state, and local agencies that FEMA consulted with during the preparation of the EA: NJSHPO NMFS USFWS 7.0 CONCLUSION During the construction period, short-term impacts to soils, water quality, air quality, aquatic resources, floodplain wildlife resources, transportation, and noise are anticipated. Short-term impacts will be mitigated utilizing construction best management practices, timing restrictions for construction, proper equipment maintenance, and appropriate signage. The proposed project would result in loss of natural river sediment bottom (riverine weltand) within the footprint of the emergency boat ramp. The impact would be less than 1,000 square feet in size. The project area would continue to support fisheries resources within the water column. The project’s potential impacts on the human environment are not significant, as described in this report. At this time, it is anticipated that the proposed action, Alternative 2, will not have any significant impact upon the human environment. FEMA anticipates that a FONSI will be issued upon closure of the public review period. The FONSI will be made available on the FEMA website. 8.0 LIST OF PREPARERS On behalf of DHS-FEMA Grants Program Directorate: FEMA Region II Mitigation Division Environmental Planning & Historic Preservation 13th Floor, 26 Federal Plaza New York, NY 10278