**Statement of Findings**

**Executive Order 11990: Protection of Wetlands**

**INDU 211(1), Rehabilitation of East State Park Road, Realignment of
Mt. Baldy Entrance, and Miscellaneous Improvements**

**Indiana Dunes National Lakeshore**

**Porter and La Porte Counties, IN**

**[Introduction]{.underline}**

The Indiana Dunes National Lakeshore (National Lakeshore) has prepared
and made available an Environmental Assessment (EA) for proposed roadway
improvements at East State Park Road and the Mt. Baldy Entrance Road.
Executive Order 11990: Protection of Wetlands requires the National Park
Service (NPS) and other federal agencies to evaluate the likely impacts
of action in wetlands. NPS Director's Order #77-1: Wetland Protection
and Procedural Manual #77-1 provide NPS policies and procedures for
complying with Executive Order 11990. This Statement of Findings (SOF)
documents compliance with these NPS wetland protection procedures.

The alternatives analyzed in the EA were divided under two locations,
East State Park Road (Route 211) and the Mt. Baldy Entrance Road (Route
209). At the Mt. Baldy Entrance Road location, the Build Alternative was
determined to be the preferred alternative in the EA. The Build
Alternative would have no impact on wetlands because the relocation of
the intersection would be on the north side of U.S. Route 12, and the
wetland is located on the south side of U.S. Route 12. Therefore, this
SOF for the Protection of Wetlands analyzes only the East State Park
Road location.

The EA was released for public comment from September 18, 2006 through
October 17, 2006 without identifying the preferred alternative because
the property west of the East State Park Road is owned by the State of
Indiana and managed by the Indiana Dunes State Park, not the National
Lakeshore. The Town of Beverly Shores owns the roadway itself; however
the NPS owns the land east of the East State Park Road and has authority
to maintain the roadways through the National Lakeshore. This SOF also
documents the determination of the preferred alternative.

Through coordination with the Indiana Dunes State Park, the Town of
Beverly Shores, and the National Lakeshore following the public comment
period, the Multiple Trench Drain Alternative was determined to be the
preferred alternative for the East State Park Road location. The
Multiple Trench Drain Alternative best addresses the standing water on
the roadway while impacting the least acreage of wetlands. The removable
grates of the trench drain would allow for easier maintenance than
culverts, which could easily become clogged with sediment and organic
debris. The Obliteration Alternative and Flow-Control Berm Alternative
would not adequately address the standing water on the roadway.

**[Proposed Action]{.underline}**

Under the Multiple Trench Drain Alternative, the existing concrete and
asphalt pavement of East State Park Road and Beverly Drive would remain
in place. In order to widen the roadway to current design standards, the
material east of East State Park Road and on either side of Beverly
Drive would be excavated, and rip-rap would be placed up to the
elevation of the roadway. Multiple trench drains would be placed on top
of the roadway in order to allow water to mimic its existing flow across
the roadway. Fill material would be placed between the trench drains and
asphalt pavement would be placed on top of the fill material and
adjacent to the trench drains, so that the metal grate of the trench
drains and asphalt surface would create a continuous driving surface. If
determined as necessary during the design process, a headwall may be
constructed on each side of the trench drain. The number of trench
drains would be determined during the design process. The raised surface
with trench drains across the roadway would extend no longer than 1,000
feet along East State Park Road, and no longer than 300 feet along
Beverly Drive. These distances would also be determined during the
design process. The new roadway would be constructed according to
current design standards; therefore the raised roadway would be
approximately 28 feet wide (two ten-foot lanes with 4-foot shoulders),
which is 10 feet wider than the existing pavement. The roadway would be
raised approximately 24 inches. In order to calculate the impact areas
to compare the alternatives the following assumptions were used: a
roadway height of 2.0 feet above existing, a length of 1,300 feet for
the raised roadway, and a slope ratio of 4:1 to the existing ground
elevation.

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**[Site Description]{.underline}**

To determine if potential wetlands exist within the study area, National
Wetland Inventory (NWI) mapping and the National Resources Conservation
Service's (NRCS) Soil Survey were reviewed for Porter and La Porte
Counties and a wetland delineation was performed to delineate the
boundaries of "waters of the United States," including wetlands, which
occur within the National Lakeshore rights-of-way along the intersection
of East State Park Road and Beverly Drive in Porter County and the
intersection of the Mt. Baldy Entrance Road and U.S. Route 12 in La
Porte County.

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height="6.2243055555555555in"}

[]{.mark}

During the wetland delineation in June of 2005, 6 wetlands totaling
15.41 acres and 2 ditches, both within wetlands, were identified on the
Porter County site. NWI maps show that the area surrounding East State
Park Road at the intersection of Beverly Drive is surrounded by
palustrine emergent semipermanently flooded (PEMF) and palustrine
forested broad leaf deciduous seasonally flooded (PFO1C) Cowardin
classifications of wetlands. Dominant vegetation in the PEMF wetland
includes hybrid cattail, lesser duckweed (*Lemna minor*, OBL), and silky
dogwood (*Cornus amomum* ssp. *obliqua*, FACW+). The area is inundated
with up to 4 inches of water. Dominant vegetation in the PFO1C wetland
includes green ash (*Fraxinus pennsylvanica*, FACW), red maple (*Acer
rubrum,* FAC), slippery elm (*Ulmus rubra*, FACW-), spicebush (*Lindera
benzoin*, FACW-), skunk cabbage (*Symplocarpus foetidus*, OBL), marsh
marigold (*Caltha palustris*, OBL), swamp star sedge (*Carex seorsa*,
FACW+), and spotted touch-me-not (*Impatiens capensis*, FACW). Soils
were saturated at the surface, and there was free water at a depth of 4
inches in the test pit. Soils in the test pit were muck with a matrix
color of 10YR 2/1 in the upper 14 inches, and sand with a matrix color
of 2.5Y 4/1 at a depth of 14 to 18 inches. The soils contained a high
level or organic material. The delineation verifies the presence of
United States Army Corps of Engineers jurisdictional wetlands.

The wetlands in the project area are part of a larger context of the
Great Marsh, an extensive wetland complex. The Great Marsh consists of
approximately 3,270 acres. This area has historically been ditched and
drained however several efforts in the area have been in the process of
restoring the Great Marsh. In conjunction with these efforts, the
National Lakeshore is in the process of restoring portions of the Great
Marsh south of the primary dunes in the eastern half of the Park. The
goal is to re-create a diverse and attractive ecosystem by plugging
ditches, restoring the area\'s hydrology, removing invasive plants, and
planting native species.

[Wetlands Functional Assessment]{.underline}

These wetlands function as flood attenuation and wildlife habitat, and
provide recreational opportunities for National Lakeshore visitors.
These emergent wetlands do not provide habitat for any federally-listed
threatened or endangered species. However, they do provide habitat for a
wide variety of mammals, birds, reptiles and amphibians. Bird watching
is widely enjoyed in this part of the National Lakeshore, and a higher
volume of amphibian calls has been recorded in the northeast quadrant of
the intersection of East State Park Road and Beverly Drive. These
wetlands also maintain plant communities and provide for nutrient
cycling between the plant community, animal community and
detritus/decomposers.

Surface water was present within the wetland areas and most of the
project area soils were saturated within 12 inches of the surface at the
time of delineation. During high precipitation events, the wetlands
likely provide limited floodwater detention. Some portion of any
floodwater volume detained is likely to be evaporated or transpired,
which would reduce the overall volume of floodwater. The detention of
water also allows for the retention of particulates such as nutrients,
minerals, heavy metals, and sediment deposition; which all influence
downstream water quality. These wetlands are abundant throughout the
National Lakeshore.

**[Impacts to Wetlands]{.underline}**

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In order to access the project area and construct the Multiple Trench
Drain Alternative, heavy construction equipment would access the area,
causing the trampling of vegetation and compaction of soils. The
excavation and placement of rip-rap in order to widen the roadway and
construct shoulders for the installation of the trench drains would
directly impact approximately 0.78 acres of primarily PEMF wetlands. A
negligible area (less than 0.10 acre) of the PFO1C wetlands may be
impacted in the area south of the intersection, however impacts to these
wetlands would be avoided to the maximum extent possible. The PFO1C
wetlands are located approximately 225 feet south of the intersection,
and may be impacted during construction or the tapering of the new
widened roadway portion to tie into the existing roadway. The roadway
widening would only extend south from the intersection a maximum of
approximately 200 feet. Approximately 0.30 acres of impact would be
permanent due to the placement of asphalt to widen the roadway, however
portions of the 0.48-acre slopes to the existing ground elevation may
return to wetlands. The Multiple-Trench Drain Alternative would have a
long-term minor adverse impact to wetlands because of the direct impact
to the wetlands adjacent to East State Park Road and Beverly Drive.

[]{.mark}

**[Justification for Use of the Wetlands]{.underline}**

The purpose of this project is to improve safe access for vehicles along
East State Park Road and Beverly Drive while minimizing disruption to
the surrounding wetland environment, and improve safety at the
intersection of the Mt. Baldy Entrance Road and U.S. Route 12. The
improvements must be done to the existing roadways; therefore there are
no alternate sites.

**[Investigation of Alternative Sites]{.underline}**

In addition to the preferred alternative, three action alternatives and
a no action alternative were considered. The purpose of the project is
to improve safety at this intersection of East State Park Road and
Beverly Drive; therefore the use of an alternative site is not feasible.
All of the action alternatives are located at this intersection. The
Multiple Trench Drain Alternative and the Multiple Culvert Alternative
include widening the existing 18 foot roadways by 10 feet in the
vicinity of the intersection to meet current safety standards.

*No Action* - No pavement rehabilitation would take place on East State
Park Road. Flooding would continue to occur on the roadway and likely
worsen over time. Maintenance activities would continue on the roads.
Without addressing the deteriorated roadway, the safety hazard of
standing water on the roadway, and the unsafe intersection; the NPS
would be unable to ensure that visitors would be able to safely access
the National Lakeshore.

*Multiple Culvert Alternative* -- Culverts would be placed at the
current elevation of the road, and a new roadway surface would be
constructed on top of the culverts. Approximately 1.50 acres of wetlands
would be impacted as a result of widening and raising the roadway. The
Multiple-Culvert Alternative would address the deteriorating roadway and
the safety hazard of standing water on the roadway, however this
alternative would introduce the largest amount of fill and impact the
most wetlands in order to raise the roadway and provide for appropriate
road shoulders.

*Multiple Trench Drain Alternative, Proposed Action* -- Trench drains
would be placed at the current elevation of the road, and a new roadway
surface would be constructed between the trench drains. Approximately
0.78 acres of wetlands would be impacted as a result of widening and
raising the roadway. The Multiple-Trench Drain Alternative would address
the deteriorating pavement and the safety hazard of standing water on
the road. The roadway would be raised less by the Multiple-Trench Drain
Alternative than the Multiple-Culvert Alternative, which lessens the
impacts to the wetlands and vegetation, while achieving the same end
result of keeping water off of the roadway. This alternative would also
allow for the movement of water similar to the existing conditions
without impacting the water elevations of the surrounding wetlands.

*Obliteration Alternative* -- Approximately 200 feet of Beverly Drive
from the East State Park Road intersection eastward would be
obliterated, and so Beverly Drive would become a dead end at the
existing parking area that serves the paved bird-watching trail. Water
would flow freely from the area northeast of the intersection to the
area southeast of the intersection. Approximately 0.08 acres of wetland
would be created by removing a portion of the roadway. The Obliteration
Alternative would address the deteriorating pavement and decrease the
amount of standing water on the road. However, this alternative would
affect the water level and therefore the bird and amphibian habitat in
the area northeast of the intersection, because with a portion of
Beverly Drive removed water would be able to flow south and equalize.
This alternative would also impact visitor use and experience because
visitors would no longer be able to access East State Park Road via
Beverly Drive.

*Flow-Control Berm Alternative* -- An earth berm would be constructed
parallel to East

State Park Road, and a second berm parallel to Beverly Drive. A ditch
would be constructed between the berm and road shoulder. Excavation
would be required so that stronger impermeable fill material could be
used to construct the berm and ditch. The height of the berm would equal
the desired maximum water elevation that is preferred for the northeast
wetland area. The berms would retain surface water in the wetland up to
the maximum level, then would allow overflow to enter the ditch. A gate
or alternative adjustable mechanism could be installed to allow the
adjustment of the water level behind the berm. Approximately 0.25 acres
of wetland would be impacted by the berm. The Flow-Control Berm
Alternative would address the deteriorating pavement and decrease the
amount of standing water on the road. This alternative would be
difficult to construct due to the sandy organic composition and
saturation of the soils in the project area. Water levels may rise in
the wetland area behind the berm, which may impact vegetation, wildlife,
and the functions of the surrounding wetlands.

**[Other Permits]{.underline}**

In order to construct the project, permits relating to the wetland
impacts would be necessary. The United States Army Corps of Engineers
(Corps) has authority over the discharge of fill or dredged material
into "waters of the United States." This includes authority over any
filling, mechanical land clearing, or construction activities that occur
within the boundaries of any "water of the United States," which
includes wetlands. Clean Water Act Section 401 Water Quality
Certification must be obtained from the Indiana Department of
Environmental Management, ensuring that proposed that would result in
discharges to surface water are consistent with the Clean Water Act.
Also, the Indiana State Wetland Permit Program requires that any
activity that may affect a state regulated isolated wetland be permitted
as outlined in HEA 1798. For regulated wetland activities in state
regulated wetlands, compensatory mitigation is required.

**[Mitigative Actions]{.underline}**

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The wetland mitigation would be designed to address all compensatory
mitigation requirements of the applicable regulatory agencies. The
Chicago District of the Corps typically requires that a minimum of 1.5
acres mitigated for every 1.0 acre of wetland impacted. Using this
ratio, approximately 1.17 acres of wetland restoration would be
required, assuming the entire 0.78 acres of wetland are impacted.
Wetland mitigation would focus on old homesites and abandoned roadbeds
immediately east of Broadway in the eastern section of the Great Marsh,
all within the boundaries of the National Lakeshore. Two previous
homesites have been identified as mitigation areas, and total
approximately 2.5 acres. The wetland restoration would focus on
returning this area to palustrine emergent sedge meadow/prairie
wetlands. Restoration would include the removal of weedier upland
species, trees, garlic mustard and other non-desirable vegetation.
 Existing fill would be removed and neighboring ditches plugged
resulting in a return to the original wetland hydrology.  A wide
selection of native plants would be installed, managed and monitored for
a minimum of five years. The end product would be a species diverse
wetland with natural ecosystem processes, which is expected to fully
function within three years of the completion of restoration. The
wetland mitigation would be funded by the Park Roads and Parkways
Program and constructed as part of the proposed roadway improvement
project to limit the temporal loss of wetland acreage. The restoration
of these previously developed sites would provide additional wildlife
habitat, recreational opportunities, and limited water quality
improvement and flood water storage; the functions lost through the
impact of the proposed action.

**[Conclusion]{.underline}**

The NPS concludes that there is no practical alternative to improve safe
access for vehicles along East State Park Road and Beverly Drive while
minimizing disruption to the surrounding wetland environment, and
improve safety at the intersection of the Mt. Baldy Entrance Road and
U.S. Route 12. The preferred alternative would substantially improve
safety as there would no longer be standing water on the roadway while
continuing the existing flow of water. Mitigation and compliance with
regulations and policies to prevent impacts to wetlands and water
quality would be strictly adhered to during and after the construction.
Individual permits with other federal and cooperating state and local
agencies would be obtained prior to construction activities. No
long-term major adverse impacts would occur from the Preferred
Alternative. Therefore, the NPS finds the Preferred Alternative to be
acceptable under Executive Order 11990 for the protection of wetlands.

**[References]{.underline}**

Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979.
Classification of Wetlands and Deepwater Habitats of the United States.
U.S. Fish and Wildlife Service.

National Park Service, U.S. Department of Interior. 1998. Director's
Order #77-1: Wetland Protection. Washington, D.C.

National Park Service, U.S. Department of Interior. 2001. Director's
Order #77-2: Floodplain Management. Washington, D.C.