DRAFT STATEMENT OF FINDINGS FOR EXECUTIVE ORDER 11990

**(PROTECTION OF WETLANDS)**

**Bird Island Basin Recreational Use Plan**

**PADRE ISLAND NATIONAL SEASHORE, TEXAS**

# INTRODUCTION

Padre Island National Seashore (PAIS) was established by Congress on
September 28, 1962 (16 U.S.C. §459d, *et seq.*), "In order to save and
preserve, for purposes of public recreation, benefit, and inspiration, a
portion of the diminishing seashore of the United States that remains
undeveloped...". Padre Island National Seashore preserves the longest
undeveloped barrier island in the United States. It encompasses 69 miles
of the 113-mile-long barrier island (Figure 1). More than 60% of the
park consists of wetlands comprising marshes, inland waters, wind-tidal
flats, and seagrass beds.

![](media/image1.png){width="4.1097222222222225in"
height="5.215972222222222in"}

As growth and expanding development continue in the coastal bend areas
of South

Texas, PAIS is becoming increasingly important as an area that has the
habitat to support many colonial nesting waterbirds, Neotropical
migrants, and threatened/endangered birds and sea turtles. The
loggerhead, leatherback, green, hawksbill, and Kemp\'s ridley sea
turtles inhabit the park along the coast of the Gulf of Mexico. Kemp\'s
ridley and green sea turtles utilize the Laguna Madre, specifically via
the Port Mansfield Channel, which is located at the extreme southern end
of the park and connects the Gulf of Mexico to the Laguna Madre. The
channel connection is also considered important habitat for other listed
threatened and endangered species such as the Piping Plover and the
Eastern Brown Pelican. Figure 1. Region/Vicinity map

The southern portion of the park is unique because it is a main
component of the migration route, \"staging area,\" for both the
American Peregrine Falcon (*F. p. anatum*) and Arctic Peregrine Falcon
(*F. p. tundrius*). This particular area (miles 30-68) of the National
Seashore is one of the most important stretches of Peregrine Falcon
habitat on the Gulf Coast. From actual counts, more than 2,000 Peregrine
Falcons utilize this area annually during their fall migration. North
and South Padre Island are the only known localities in the Western
Hemisphere where Peregrine Falcons can be found in such high
concentrations during their spring migration.

The northern portion of the National Seashore is where most park
development is located. Current park development includes a Visitor
Center, Entrance Station, Park Headquarters and Maintenance facilities,
and the Malaquite Campground. Bird Island Basin (BIB), located in the
developed area of the park (Figure 2), is a popular destination at Padre
Island for day visitors and longer-term camping. In 1999, there were
51,600 visitors to Bird Island Basin, which increased to 71,700 in 2000.
Bird Island Basin visitation was comprised of single vehicles (73%),
vehicles with boat trailers (19%), RV campers (7%), and tent campers
(1%).

Highest visitor use occurs in the months of June and July. December has
the lowest visitation. An average of 1,137 boaters per month used BIB
during 2000. The maximum number of campers and boaters visited in July,
when 7,164 visitors with 2,132 boat trailers utilized BIB. This monthly
pattern is expected to continue as visitor use levels increase over the
next few years, and most likely level out as carrying capacity of the
BIB recreation site is reached and planned facilities are constructed.

This Statement of Findings will address impacts to wetlands resulting
from the implementation of the Bird Island Basin Recreational Use Plan.

**PURPOSE AND NEED FOR ACTION**

The purpose of the BIB development plan was to review current management
policies for Bird Island Basin and to develop new management actions
that address several land use and resource protection issues. In
addition, the 1983 General Management Plan (GMP) for Padre Island
designated the BIB area, some 380 acres, as "Development Zone" and
authorizes limited recreational facilities and provides for a wide range
of recreational opportunities. This plan follows the intent of the
park's enabling legislation and fulfills the GMP objective for
recreational uses, complies with the GMP's direction for development in
this area, and the concept of preserving cultural and natural resources
found there.

This plan stems from an increase in the recreational use of and
visitation to BIB and a need to address the overall carrying capacity of
the area. There are several issues related to this problem which
include: the management of recreational use conflicts, increasing
environmental impacts associated with the heavy visitor use of BIB, a
lack of vehicle parking spaces, a higher than normal erosion rate of the
shoreline, the access road and the surrounding upland sites. Padre
Island National Seashore proposes to upgrade the BIB area to address
these issues and better protect park resources.

![](media/image2.png){width="6.910236220472441in"
height="8.248031496062993in"}

Road, and the surrounding upland sites. Padre Island National Seashore
proposes to upgrade the BIB area to address these issues and to better
protect park resources.

[]{.mark}

## FINAL PLAN DEVELOPMENT 

Padre Island National Seashore would construct additional and modify
existing roads and parking spaces, and change access patterns into BIB
(Figure 3) as described below:

**Access (Shoreline Road): Stabilize and augment the existing BIB access
road adjacent to the Laguna Madre shoreline.** The shoreline road would
be widened to 18 feet of travel way, and surfaced with a hard material
(caliche or other crushed aggregate, with or without a surface hardener)
as the primary surface. The base of the road would be a geo-textile,
grid material to support the road and to reduce erosion from the road.
This would provide a class II, two-lane road for access along the
shoreline at BIB. A turn-around loop would be incorporated into the road
design where applicable.

In addition, a 12-foot wide parking or camping area would be maintained
for single vehicles, or vehicles with a small trailer (limited to 50
feet total length), along the last 1,500 feet or so of the existing
shoreline road. These spaces would be utilized to provide parallel
parking and camping space for up to 30 vehicles (based on an

**Access (Shoreline Road): Stabilize and augment the existing BIB access
road adjacent to the Laguna Madre shoreline.** The shoreline road would
be widened to 18 feet of travel way, and surfaced with a hard material
(caliche or other crushed aggregate, with or without a surface hardener)
as the primary surface. The base of the road would be a geo-textile,
grid material to support the road and to reduce erosion from the road.
This would provide a class II, two-lane road for access along the
shoreline at BIB. A turn-around loop would be incorporated into the road
design where applicable.

To accomplish this road edge expansion, the filling of approximately 605
cubic yards (maximum) of inactive wetland/mudflat areas would be
required, across from Laguna Madre shoreline. The creation of a 10-foot
wide buffer area, adjacent to the parking area, is proposed to reduce
the change in grade from the edge of the parking area to the surrounding
grade. The buffer would be graded nearly level (1:5 slope or greater) to
inhibit soil erosion off the road and parking areas. These actions would
achieve the desired road width and parking/camping space on those
proposed sections of the expanded roadway.

Box culverts would be used to reconnect existing blocked portions of the
Laguna Madre's wind tidal flats at BIB, thus restoring wetland
connection and function to the northern mudflat (12.741 acres).

> ![](media/image3.png){width="6.568897637795276in"
> height="5.0783464566929135in"}

A post and cable vehicle barrier, composed of wood or metal bollards
(posts) and up to a ¾ inch stainless steel cable extending between the
posts, would be erected. Posts would be installed upright between the
parking/camping area and the Laguna Madre shoreline, creating a "buffer"
zone, and preventing vehicular access off the main road. The bollards
would be installed about 12 feet apart, with unobstructed visitor access
to the Laguna Madre, for recreational purposes. An opening of about five
feet (no cable), to allow access to the water, would be created
periodically along the barrier to allow visitor use of the shoreline.
This would stop vehicle use on the shoreline and reduce overall
congestion of the shoreline, while allowing pedestrian traffic for day
use recreational purposes.

**Parking (Shoreline Road): Develop a formal parking area at southern
end of BIB.** Additional parking and camping areas would be developed at
BIB for recreational vehicles (RV's) and day users. The area proposed
for the additional RV's and single car parking incorporates an existing
parking area and previously undisturbed sites. Approximately 102,000
square feet (2.3 acres) of the upland community and adjacent disturbed
areas would be utilized for the parking/camping area. This area would
supply designated parking for a maximum of 45 recreational vehicles (12
ft. wide X 50 ft. long) and 25 single vehicles (10 ft. wide X 20 ft.
long). The parking area would be surfaced with a hard-packed material
such as caliche or other crushed aggregate, with or without a surface
hardener. Box culverts would be installed to restore tidal flow to the
southern mudflat (6 acres). Camping would be authorized in this area for
a 14-day period, in designated camping spaces only, and fire pans would
be required for all open fires. A small interpretive site would also be
included for evening gatherings and presentations of NPS-led
interpretive programs, similar to what is offered at the Malaquite
Campgro

A post and cable vehicle barrier, composed of wood or metal bollards
(posts) and up to a ¾ inch stainless steel cable extending between the
posts, would be erected. Posts would be installed upright between the
parking/camping area and the Laguna Madre shoreline, creating a "buffer"
zone, and preventing vehicular access off the main road. The bollards
would be installed about 12 feet apart, with unobstructed visitor access
to the Laguna Madre, for recreational purposes. An opening of about five
feet (no cable), to allow access to the water, would be created
periodically along the barrier to allow visitor use of the shoreline.
This would stop vehicle use on the shoreline and reduce overall
congestion of the shoreline, while allowing pedestrian traffic for day
use recreational purposes.

**Parking (Shoreline Road): Develop a formal parking area at southern
end of BIB.** Additional parking and camping areas would be developed at
BIB for recreational vehicles (RV's) and day users. The area proposed
for the additional RV's and single car parking incorporates an existing
parking area and previously undisturbed sites. Approximately 102,000
square feet (2.3 acres) of the upland community and adjacent disturbed
areas would be utilized for the parking/camping area. This area would
supply designated parking for a maximum of 45 recreational vehicles (12
ft. wide X 50 ft. long) and 25 single vehicles (10 ft. wide X 20 ft.
long). The parking area would be surfaced with a hard-packed material
such as caliche or other crushed aggregate, with or without a surface
hardener. Box culverts would be installed to restore tidal flow to the
southern mudflat (6 acres). Camping would be authorized in this area for
a 14-day period, in designated camping spaces only, and fire pans would
be required for all open fires. A small interpretive site would also be
included for evening gatherings and presentations of NPS-led
interpretive programs, similar to what is offered at the Malaquite
Campground.

**Boat Ramp Area: Reconstruct a separate access road to the BIB boat
ramp and**

**expand associated parking.** Access to the BIB boat ramp, from the
main shoreline road, would cease. A new access road to the launch ramp
and parking lot would be constructed utilizing an old road that was
abandoned in 1975, which has been naturally reclaimed. The new 24-foot
wide road (20 feet of travel way) would be constructed in the corridor
of the abandoned road and would connect to the paved BIB entrance road
approximately ¾ mile east of the current windsurfing concession
facility. This road would be approximately 3,200 feet long (1.8 acres).
Re-construction of this old road would be accomplished to a Class II
standard (two-lane hardened surface of caliche or other crushed
aggregate material) and would have overflow parking spaces along the
north side of the road edge, including turnaround opportunities. A new
vault toilet would be installed in conjunction with the parking area to
provide a restroom facility to address human waste issues in this area.

Existing boat and trailer parking in the area of the launch ramp would
be increased by the addition of approximately 32 spaces (12 ft. wide x
40 ft. long) to accommodate a maximum of 98 vehicles with boat trailers.
Approximately 17,400 square feet (0.4 acres) would be added to the
existing parking area. The tandem parking spaces would be developed in
an upland area adjacent to the existing parking lot and launch ramp. The
surface of the parking lot would also be hard packed (caliche or other
crushed aggregate, with or without a surface hardener). Up to 10 single
car parking spaces would be available at the boat and trailer parking
area. All boat-trailers would be required to be connected to a vehicle.
Boat trailers left alone in a parking space may be considered abandoned
and removed (towed and disposed of) at owner expense.

**Camping: Reorganize authorized camping locations and install two
additional public toilets to meet visitor needs and to protect park
resources.** Camping would be reorganized and changes in the location of
camping would be required. Camping would be permitted along the
shoreline road, next to the BIB shoreline road in designated parking
spaces as described above. Vehicle access to the shoreline would cease,
except for emergency vehicles and NPS maintenance operations. Camping
would be allowed adjacent to the shoreline, but not on the shoreline.
Camping would be permitted only in the designated camping spaces. Walk
in tent camping will be allowed at up to 6 tent sites to be developed on
the reclaimed portion of the BIB road to the boat ramp. Vehicle access
to the waters edge would no longer be provided. Fire pans will be
required for all open fires at all camping locations at BIB.

**Day Use: Create a day-use only area on a section of the shoreline at
the north end of BIB access road.** The portion of the shoreline road
used to access the boat ramp would be closed and gated to through
traffic. This portion would be restored to natural conditions (0.4
acres). A day-use only zone, including a parking area, would be
established with a "no camping" restriction and "no vehicle" access to
the shoreline. Parking for up to 15 single cars (10 ft. wide X 20 ft.
long) and 10 tandem spaces (10 ft. wide X 40 ft. long) (vehicle with
small trailer) would be provided in this area through the creation of an
approximately 18,200 square-foot (0.4 acres) parking area. The entire
area from the boat launch ramp to the day-use parking area along the
Laguna Madre shoreline would become a "Day-Use Only Zone." No boat
parking would be allowed along the shoreline at this location.
Windsurfing activities would have to be conducted south of the existing
buoy locations, utilizing existing shoreline space and concessionaire
facilities. A new vault toilet would be installed in conjunction with
the day-use parking area to provide a restroom facility to address human
waste issues for this area. Up to six single car parking spaces would be
provided for tent campers in this lot.

**WETLAND DESCRIPTION**

Based on the wetland delineation done by Environmental Protection
Specialist Arlene Wimer and confirmed by Reagan Richter of the Corps of
Engineers, approximately 0.43 acres (Table 1) of jurisdictional wetlands
(Figure 4) would be impacted by the construction of the boat ramp access
road and the improvements to the existing road adjacent to the Laguna
Madre. Nationwide Permit (NWP) 18 authorizes the minor discharge of
dredge of fill materials and NWP 39 authorizes residential, commercial,
and industrial development. Provided the discharge does not cause loss
of greater than 0.5 acres of non-tidal waters of the United States,
excluding non-tidal wetlands adjacent to tidal waters.

The wetlands are classified as PEM1C; palustrine (P), emergent (EM),
persistent (1), seasonally flooded. The wetland is not identified on the
U. S. Fish and Wildlife Service's National Wetland Inventory map (NWI).

Plant species present in the wetland include *Spartina patens* (FACW),
*Scirpus americanus* (OBL), *Paspalum monostachyum* (FACW+),
*Hydrocotyle bonariensis* (FACW), and *Dichromena latifolia.*

Table 1: Wetland Calculations

  ----------------- ----------------- ----------------- -----------------
  **Location**      **Acres           **Acres           **Volume of
                    impacted**        reclaimed**       fill**

  Wetland #1        0.25                                605 cubic yards

  Wetland #2        0.04                                97 cubic yards

  Wetland #3        0.14                                339 cubic yards

  Reclaimed wetland                   12.741            

  Reclaimed water                     1.58              
  flow                                                  

  **Totals**        0.43              14.321            1041 cubic yards
  ----------------- ----------------- ----------------- -----------------

According to USDA-Natural Resources Conservation Service's recent soil
survey, soils within the area of impact are predominantly of the
PanAm-Madre Complex (891). This series consists of very deep, somewhat
poorly drained, rapidly permeable soils that formed in sandy, eolian and
storm wash-over sediments on barrier islands. These are nearly level or
very gently sloping soils and are subject to flooding by strong tropical
storms and are ponded after periods of heavy rainfall.

Emergent wetlands are significant because they provide important habitat
for the varied wildlife resources of the park. Wildlife that could use
the wetland include white-tailed deer (*Odocoileus virginianus*), coyote
(*Canis latrans*), bobcat (*Felis rufus*), skunk (*Mephitis mephitis*),
badger (*Taxidae taxus beriandieri*), raccoon (*Procyon lotor*),
jackrabbit (*Lepus californicus merriami*), bobwhite quail (*Colinus
virginianus*), dove (*Zenaida macroura*), meadowlark (*Sturnella
magna*), northern harrier (*Circus cyaneus*), peregrine falcon (*Falco
peregrinus*), American egret (*Casmerodius albus*), great blue heron
(*Ardea herodias*), ducks, geese, and shorebirds. Reptiles and
amphibians that could use the wetland include: northern leopard frog
(*Rana pipiens*), Hunter's spadefoot toad (*Scaphiopus holbrookii*),
diamondback water snake (*Nerodia rhombifer*), Texas

coral snake (*Micrurus fulvis*), checkered garter snake (*Thamnophis
marcianus*), red-eared turtle (*Trachemys scripta*), and yellow mud
turtle (*Kinosternon flavescens*).

Federal and/or state listed species that could use the wetland include:
reddish egret (*Egretta rufescens*), white-tailed hawk (*Buteo
albicaudatus*), ferruginous hawk (*Glaucidium brasilianum*), and
white-faced ibis (*Plegadis chichi*).

The wetlands are adjacent to the existing road or lie in depressions
among hummocks. Hydrology is derived from runoff, precipitation, and a
seasonally high water table. The

![](media/image4.jpeg){width="6.536111111111111in"
height="5.220138888888889in"}

Figure 4. Location of wetlands within the Bird Island Basin area

wetland serves to collect runoff water and eroded sediment, recharge the
water table, as a surface expression for a high water table (i.e.,
ground water), and to store flood waters.

It is doubtful that these small wetlands are used by
tourists/recreationists, although they could be used by bird watchers.
The wetland is not currently being used for research purposes.

### WETLAND AVOIDANCE, MINIMIZATION, MITIGATION

The project proposes to impact 0.043 acres of wetland. Measures have
been taken to avoid wetlands to the maximum extent practicable and to
minimize impacts to wetlands that could not be avoided. The renovation
of the shoreline road will include the installation of 3 boxed culverts
place to improve water exchange and increase wetland productivity. The
abandoned road, a 200 foot section, between the boat ramp and the day
use areas (Figures 4 & 5) will be removed to a depth allowing water
exchange from the Laguna Madre to the adjacent mudflat. The restoration
of this inactive mudflat (12.7421 acres) will provide an area that will
be used for compensation of the loss of wetlands during the proposed
construction.

![](media/image5.png){width="6.20625in" height="4.0in"}

Figure 5. Abandoned road section and cross section of substrate removal.

### CONCLUSION

The National Park Service finds that there are no practicable
alternatives to disturbing 0.043 acres of wetlands within Padre Island
National Seashore for the construction associated with implementing the
Bird Island Basin Recreational use Plan. Wetlands have been avoided to
the maximum practicable extent, and the wetland impacts that could not
be avoided will be minimized. This project is consistent with the NPS
no-net-loss of wetlands policy in that the area of restored wetlands is
far greater than wetlands impacted. The National Park Service,
therefore, finds that this project is in compliance with Executive Order
11990: "Protection of Wetlands."

Preparer: Arlene Wimer, Environmental Protection Specialist; National
Park Service; Padre Island National Seashore; P. O. Box 181300, Corpus
Christi 78480-1300. Telephone (361) 949-8173 x 224.