U.S. Fish & Wildlife Service

News Release Rhode Island National Wildlife Refuge Complex Block Island NWR John H. Chafee NWR at Pettaquamscutt Cove Ninigret NWR Sachuest Point NWR Trustom Pond NWR

50 Bend Road, Charlestown, RI 02813 401/364-9124 Fax: 401/364-0170

For Immediate Release January 19, 2018

For Further Information Contact: John O Brien, TNC

Charlie Vandemoer USFWS (401) 213-4401

The Nature Conservancy, Fish and Wildlife Service Propose Final Phase of Restoration Program

for the Maidford River Saltmarsh

The Nature Conservancy and the U.S. Fish and Wildlife Service, working in collaboration with a host of

other partners, have developed the final phase of saltmarsh restoration work planned for Maidford River

saltmarsh, Sachuest Point National Wildlife Refuge in Middletown, RI. Public comments on the

proposal are being accepted through February 5, 2018.

Restoration work has been ongoing since 2015, and has included invasive species control, placing

material on saltmarshes to better equip them in keeping pace with sea level rise, and improving saltmarsh

surface drainage. Water quality has been improved, and mosquito production has been reduced

substantially.

The final phase of restoration includes proposals to expand invasive species control, and to replace the

undersized culverts on the Connector Road to help reduce the frequency duration, and/or extent of

saltmarsh flooding. If implemented, the project will also improve public safety and may reduce flooding

of Lower Hanging Rock Road, Sachuest Point Road, and the Second Beach Parking lot.

You may submit comments on the attached proposal to the US fish and Wildlife Service, 50 Bend Road,

Charlestown, RI 02813.

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Sachuest Point National Wildlife Refuge

Maidford Salt Marsh Restoration Program - Final Phase January, 2018

I. Introduction

This proposal represents the last phase of salt marsh restoration and resiliency enhancements undertaken since 2015 by The Nature Conservancy (TNC), U.S. Fish and Wildlife Service (Service), Norman Bird Sanctuary, Town of Middletown, and others. Several actions including invasive species control, adding material onto marsh surfaces to enhance elevation (TLD), and improving drainage throughout the marsh have been undertaken consistent with the approved restoration plan (Center for Ecosystem Restoration 2015).

These efforts have improved salt marsh conditions; however a need to foster marsh migration and to address flooding of roads and parts of the marsh warrant additional action. We propose to expand invasive species control and to replace the Connector Road’s undersized culverts at the Sachuest Point National Wildlife Refuge, Middletown, Newport County, Rhode Island (figure 1).

TNC has received a State Department of Environmental Management grant under the BWRF program to complete the culvert replacement work. This grant will be matched by TNC with funding received from the Service through a cooperative agreement, which terminates in July of 2018. Invasive species control will be financed through regular Service appropriations and other funds as necessary.

II. Management Objectives, Strategies, and Underlying Issues

1. Enhance public access, safety, and water quality by reducing the extent, frequency and/or duration of flood events on local roads and parking lots. This will be accomplished by replacing the Connector Road’s undersized culverts in the Maidford salt marsh with a larger structure to better accommodate sheet flow.

Issue. Following larger (1.5”+) rain events, lower Hanging Rock Road, Sachuest Point Road, and the Sachuest Beach Parking lot frequently flood, reducing public access and creating a public safety hazard. Flood flows may carry pollutants from paved surfaces and transport them into local water bodies (Basynat and others 1999), in this case the Maidford River.

Flooding is in part due to shoaling of the Maidford River outlet at Third Beach and delayed sheet flow drainage through the culverts underneath the Connector Road which bisects the salt marsh (USFWS files; Woods Hole Group in prep).

2. Maintain and where possible Improve salt marsh conditions (diversity, richness, and productivity) and resiliency to sea level rise by reducing excessive marsh flooding. We will achieve these objectives by replacing the Connector Road’s undersized culverts to improve dissipation of sheet flow.

Issue. Rhode Island has lost 53% of its original marsh area (Bromberg and Bertness 2005), with further reductions likely due to sea level rise (CRMC 2015). Many species, including the saltmarsh sparrow (Ammodramus caudacutus) depend on these habitats for survival. Enhancing marsh conditions is important to retain this habitat over time.

Due to continued shoaling of the Maidford outlet at Third Beach, most water now passes underneath the Connector Road and out into the Sakonnet River. The three culverts which allow water to pass underneath the road were not designed to pass the volume of water present during flood events, specifically sheet flow. The limited opening also contributes to tidal attenuation in the northern section of the marsh (USFWS files 2015-2017; Grilli and Spaulding 2015; Woods Hole Group (WHG) 2017).

These conditions limit salt marsh integrity and habitat quality for fish and wildlife dependent species. Similar adverse effects from roads placed within salt marshes have been reported in this marsh (Roman and others 2002) and elsewhere (i.e. Dibble and Meyerson 2012).

3. Provide vegetative conditions conducive to salt marsh migration while enhancing native species diversity and richness by expanding current control efforts of phragmites (Phragmites australis subsp. australis), an invasive plant, in the lower Maidford River.

Issue. Phragmites is an aggressive invader of marshes which typically forms dense monotypic stands which out compete native vegetation. These dense stands can limit nekton (fish and swimming crustaceans) access to the salt marsh surface as well as causing marsh pools to fill, thereby reducing habitat values for marine fish (Dibble and Meyerson 2012). Kimball and others (2010) studied areas treated for phragmites and found a greater abundance of nekton, in particular mummichog (Fundulus heteroclitus). Areas occupied by phragmites

tend to have reduced bird species density, abundance, and species richness when compared to native salt marsh habitats (Benoit and Askins 1999).

Dense stands of phragmites can inhibit the migration of salt marsh into upper elevations (Smith 2013), resulting in continued loss of marsh habitats. Most potential marsh migration areas in the watershed occur within the treatment area and into the freshwater marsh of the Norman Bird Sanctuary.

Figure 1. Location of proposed restoration actions, Sachuest Point National Wildlife Refuge and Vicinity, Middletown, RI.

National Wildlife Refuge

Hanging Rock Road Crossing

Phragmites Control

Gardiner Pond

Maidford Outlet (Now naturally plugged with sand)

Water Control Structure (flows exit salt marsh here)

Replace culverts w/ new structure

North Marsh Segment Marsh loss replacement area

III. Proposed Action

A. Replacement of undersized culverts in the Connector Road.

To address persistent flooding and drainage issues in the saltmarsh, the consulting firm Woods Hole Group (WHG) was retained by TNC to provide a coastal engineering assessment of the Maidford Saltmarsh and Third Beach. This effort included hydrodynamic modelling, wave transformation modeling, sediment transport assessments, and inlet stability analysis (WHG, in prep). Based on these evaluations, several alternative actions were evaluated to provide better drainage and flood flow.

The preferred alternative and recommended action is to (a) discontinue reliance on the Maidford outlet to provide reliable drainage of the marsh system; (b) replace three existing culverts in the Connector Road with a 4 foot x 8 foot box culvert; (c) deepen salt marsh channels to -1 foot NAVD88, 6 inches deeper than their current elevation; and (d) expand the channel system to enhance marsh drainage and water flow.

The WHG assessment of this alternative found that the tidal restriction to the Northern marsh segment would be eliminated, with tidal flows better matching the Sakonnet River. The duration of flooding on the north marsh segment would be lessened.

Because of concerns for increased channel and salt marsh erosion resulting from deepened channels, the potential for inadvertently increasing water levels in the North marsh segment, and in consideration that the marsh is still adjusting to recent restoration actions, the Service has decided not to pursue deepening or expansion of salt marsh channels in the northern marsh segment at this time. Also, to provide better management flexibility in the future to address increased sea level rise, two 4x4 box culverts will be installed side by side rather than one larger 4 ft. x8 ft. structure.

This project will replace three undersized culverts in the Connector Road with two, 4 ft. by 4 ft. concrete box culverts (Appendix A). This change will increase the drainage opening from 14.85 square feet to 32 square feet. Comparatively, the Maidford outlet (now plugged with sand) has a 5.5 ft interior diameter pipe with a 23.76 square foot opening.

Because the marsh channels are not being deepened or expanded, the increased opening is not expected to significantly alter normal tidal flows. Typical flows entering and exiting the marsh will not be increased, since the size and configuration of the channels feeding the marsh would not be altered. Some improvement in de-watering of channels and increased synchronization of tidal flows are projected. The largest benefit of expanding the opening is to allow the marsh

to more rapidly allow flood flows, in the form of sheet flow, to pass from the northern marsh into other portions of the marsh and out into the Sakonnet River. The marsh system as a whole will be better able to naturally assimilate flood flows, since the artificial restriction represented by the Connector Road will be ameliorated.

Installing two 4x4 box culverts allows for better water management over time while insuring unfettered access and mobility of aquatic and saltmarsh organisms. Each individual box culvert would be able to pass a slightly higher volume of water compared to existing conditions (a 16 square foot opening versus 14.85 square feet existing).

For example, if increasing tide heights expected from sea level rise coupled with more frequent storm events threaten saltmarsh conditions, a flapgate would be installed in one box culvert which would allow flood flows to pass out of the North marsh, yet limit higher water levels from entering the marsh. At the same time, the other box culvert could remain free of obstructions and allow for a free exchange and movement of nekton and saltmarsh organisms.

The invert of the new structure will be set at -1 foot NAVD88, a half foot lower than the existing channels. This will allow for native material to reside on the structure floors. Both culverts would be designed to accept weir boards, should unanticipated adverse impacts arise, such as unforeseen and excessive channel or salt marsh erosion, or long term maintenance which might require temporary closure of one culvert or the other. Exhibit 1 details how the box culverts would be managed.

Water and sewer lines underneath the existing structure will be reset at a lower elevation to accommodate the new structure. Wooden guardrails will be installed at the new structure, but set back three feet from the edge of pavement to allow for pedestrian traffic. Guardrails will be comprised of wood to help the structures aesthetically blend into the environment.

Subject to permitting requirements, construction and installation of the new structure is scheduled for springtime 2018 installation with a goal of having most construction completed prior to May 30, 2018. The disturbed road segment will be cold patched, followed by final paving and marking in the fall of 2018 after the beach season.

Monitoring components will include water level monitoring in the North and Middle portions of the marsh, channel stability surveys, salt marsh surface pore water monitoring, salt marsh vegetation composition, and nekton monitoring according to the monitoring plan for Hurricane Sandy project RI 65. Advantageous sampling of water quality (enterococci) will occur throughout 2018 and 2019.

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Exhibit 1. Box Culvert Management and Operation.

Objective: Maintain current tidal flows and nekton passage throughout the marsh by keeping one box culvert free of restrictions at all times. If water control is necessary, it will only be accomplished in one of the two culverts. If control needs are required in both culverts, new regulatory permits will be required and submitted prior to restricting water in both culverts simultaneously. Anticipated management over time includes:

Near term (0 to 5 years)

Both culverts remain open unless, as evidenced by marsh channel erosion, marsh surface erosion, or tidal inundation of the marsh surface, water control is necessary. If needed, the minimum configuration of weir boards will be installed in ONE culvert to ameliorate adverse effects. The objective will be to maintain free-flowing characteristics through one box culvert at all times. This will ensure natural flow and eliminate the potential for adversely affecting organism passage throughout the marsh.

Longer term (6+ years)

It is anticipated that sea level rise will warrant restricting tidal flows into the north marsh, while still providing for sheet flows to exit the system. Should tidal monitoring, marsh vegetation, pore water, and flood flow monitoring warrant, a flapgate will be installed on one of the two culverts. This would allow for flood waters to pass out of the system, while limiting excessive tidal flows which could threaten marsh health to reach the northern marsh. The second box culvert would remain open at all times.

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B. Phragmites Control.

Ongoing phragmites control efforts would be expanded to include other areas of the marsh and marsh periphery upstream to Hanging Rock Road. Up to 7 acres would be treated. While initial treatment is expected to control most phragmites, follow-up treatments and monitoring will occur for a period of 10 years. Areas where phragmites has been controlled in the marsh have responded favorably with an increase in Iva (Iva frutescens), salt meadow cordgrass (Spartina patens) and other desirable native species. In the eastern portion of the treatment area, Iva and salt meadow cordgrass are anticipated to rapidly colonize the site. In the Hanging Rock road area, cattail (Typha latifolia) is expected to re-occupy a small area, at least until salinity levels increase.

A common treatment for control of phragmites here and throughout the species range (i.e. MIDNR 2014) includes herbicide application followed by mechanical (mow/cut) treatment. The herbicide is a 1-1.5 % solution of Glyphosate (trade name Rodeo) which is approved for use in aquatic environments by the U.S. Environmental Protection Agency. The herbicide will be applied to select stands of phragmites in late summer (September-October) when plants are in full bloom. Herbicide will be applied by licensed applicators only according to strict application guidelines in use by the Service. Backpack sprayers will be used when possible to focus application on target species. In areas where phragmites is less dense, and there is considerable numbers of high marsh plants growing in the understory, herbicide will be applied using stem injections and/or by hand swiping to avoid adverse effects to desirable species. The potential for using an ATV with an applicator in areas of dense phragmites will be considered if feasible without damaging the marsh or causing undue erosion. Herbicide will be applied on low wind days to minimize drift onto adjacent native marsh plants, dunes, and upland vegetation. A mechanical treatment will then be applied, with the stand mowed/cut 2-4 weeks after herbicide treatments to eradicate phragmites stalks and reduce shading to allow for the reestablishment of native plants. This initial treatment is typically very effective in removing most phragmites. In subsequent years, spot treatments may be needed as necessary as monitoring dictates.

The efficacy of this application in the Eastern portion of the treatment area is expected to be high. Treatments in other portions of the marsh has been very effective, with only minimal spot treatments necessary. In addition to phragmites control, replacement of the undersized culverts is expected to increase tidal inundation and salinity, which was effective in reducing the height and vigor of phragmites in the middle portion of the Maidford salt marsh (Roman and others 2002). In areas upstream near Hanging Rock Road, the initial treatment is expected to be moderately successful (more spot treatments likely to be necessary), given its proximity to large phragmites stands outside the treatment area, and reduced salinity levels.

Most control work will occur across the Maidford River Channel from Gardiner Pond, a drinking water reservoir. All treatment areas are hydrologically separated from the pond and no impact to water quality is expected. The treatment will occur near the very toe (bottom) of the dike, and limiting treatments to calm days and under tight controls will insure no drift onto the dike or into the pond. Control of phragmites will enhance the ability to conduct dike inspections from reducing the height and density of phragmites.

Phragmites control is not expected to increase habitat quality for large burrowing animals, such as muskrat (Ondatra zibethicus) that could start burrows into the adjacent dike. Muskrat populations in the State are very low, and have been for many years. Saltmarsh adapted species, such as Iva and saltmarsh hay are expected to recolonize most sites, which are not

preferred by this species. A small area in Hanging Rock Creek adjacent to an existing cattail stand could convert to cattail, a favored species by muskrat, but much more suitable habitat is located outside of the treatment area, and the total area of cattail would be less than 7,000 square feet (0.16 acres).

This activity is subject to receiving landowner permission and permitting requirements, including a State Department of Agriculture permit.

II. Current Conditions and Anticipated Environmental Effects

Hydrology and Water Quality

The Maidford River drains a 3.5 square mile watershed in the Town of Middletown, RI. Originally draining into Sachuest Bay (Beers 1870), the river was diverted in the 1800’s to flow around the then-newly constructed drinking water reservoirs (Nelson and Gardiner Ponds) and made to empty into the Sakonnet River at Third Beach. This new outlet required frequent excavation to keep the channel open, as it is located in a sediment convergence zone of the beach where sand naturally accumulates (WHG in prep).

Previous to 2016, when shoaling of the Maidford outlet occurred, the marsh would remain flooded for extended periods of time. In one case floodwaters remained on the northern portion of the marsh for at least 15 consecutive days (USFWS water level logger data, 2015). Flood flows would pass either out the Maidford outlet when it was re-opened, or gradually pass underneath the Connector road and out the existing water control structure (WCS) located at the southern end of Third Beach (Spaulding and Grilli 2015; USFWS water level logger data 2015-2017).

Over the past two years, cleaning and deepening of existing channels (to - .5 ft NAVD 88) and creation of new ones in the salt marsh has favorably influenced tidal/freshwater flows and drainage. At the same time, efforts to keep the Maidford River outlet free of sand have not occurred since 2015. Consequently, most water in the Maidford River now flows from the northern end of the marsh southward underneath the Connector Road, then out into the Sakonnet River through a water control structure (WCS) at the Southern end of Third Beach.

These changes have improved tidal exchange throughout the marsh, with water elevations now closely matching tidal fluctuations in the Sakonnet River. Figure 2 is illustrative of normal flows. Under drier conditions, high tide water levels closely match the Sakonnet River tide levels throughout the marsh. There is a 30 minute delay in timing of the high tide in the North marsh, in part due to the distance required for water to reach the North marsh. While the marsh channels do not drain entirely before another tide cycle commences, the water level is at least one foot below the marsh surface, insuring that the marsh is drained at a depth consistent with

the rooting depth of typical marsh vegetation. High tide levels within the channel (not necessarily the marsh surface) at the northern marsh are slightly higher than the Sakonnet River by an average of 1.5” due to the influx of freshwater from the Maidford River, but declines by the time flows reach the connector road.

Since 2015 flooding of the northern portion of the marsh from rain events has been lessened from several days to a 24 to 36 hour period. Retention of flood waters on the north marsh for this extended time hampers salt marsh accretion by waterlogging the surface/rooting depth, and nest productivity for marsh dependent species such as the salt marsh sparrow.

Much of this delay in floodwaters exiting the system is due to the undersized culverts at the Connector Road which are unable to pass floodwater sheet flow over the marsh efficiently. Observations taken during an April 17, 2017 storm illustrate the problem.

As shown in figure 3, water backs up on the North side of the Connector road, with the three culverts incapable of passing sheet flood flows (flows beyond their capacity). In contrast, images of water levels just south of the connector road (figure 4) and at the Water Control structure (figure 5) reveal there is plenty of capacity for the salt marsh and WCS to handle additional flood flows.

The proposed action will eliminate the restriction at the Connector road by allowing more flood waters to pass underneath the road more rapidly, thereby reducing the time period the salt marsh is flooded.

During extreme flood events, such as the most recent rain and snow melt event in January 2018, floodwaters can reach a depth of 4 feet on the marsh, and the Maidford River outlet, typically shoaled with sand, can reopen as a result of floodwaters overtopping the Third Beach road and culvert (Figure 6). The Maidford Outlet therefore, while typically blocked, serves as a

Figure 4. Water levels in the middle segment of the Maidford Saltmarsh during an April, 2017 storm event facing south on the Connector Road. Note lower water levels in the marsh compared to figure 2 (north of Connector Road) .

Figure 3. Water levels in the north segment of the Maidford Saltmarsh during an April, 2017 storm event. Note the whirlpools formed above two of the Connector Road culverts.

Figure 5. Water levels in the South segment of the Maidford Saltmarsh during an April, 2017 storm. Note that the structure has additional room to handle flood flows.

“relief valve” to the marsh by providing another location where flood flows can escape the Northern segment of the marsh during catastrophic events.

Water Quality

The Maidford River is a 303d listed water hampered by excessive levels of bacteria and algal blooms brought about by excessive levels of nutrients (RIDEM 2011a, 2011b). Restoration activities including phragmites control, creation of new drainage channels, constructing small ditches on the marsh surface to improve drainage (runnels), and eliminating stagnant water in channels and pools has resulted in an improvement of water quality in the marsh. However, water quality upstream of the marsh is poor, based on high levels of bacteria at Hanging Rock and in the upper reaches of the Maidford (USFWS water quality assessment data, 2015-2017).

During dry weather conditions, despite higher levels of bacteria located upstream of the marsh, water quality exiting to the Sakonnet River typically meets swimming criteria (USFWS data, 2015-2017). This is likely due to dilution of Maidford River water with tidal flows into the marsh. Comparatively, water exiting the Maidford at the water control structure travels a distance four fold greater than when it exited the Maidford outlet, allowing for a greater mixing with tidal waters in the marsh now before entering the Sakonnet River.

During wet weather events however, water flowing downstream from the upper reaches of the Maidford is of such poor quality that, while concentrations of bacteria decline as it passes

through the salt marsh, they are still typically in excess of standards considered safe for swimming.

By potentially reducing the extent, frequency, and /or duration of flood events on roads and parking lots, impacts to water quality from pollutants washing off these surfaces and into the Maidford River may be lessened from implementing the proposed action. While bacteria levels at Third Beach will still be expected to exceed the State swimming limits, the duration of closures may be lessened, as floodwaters will be able to pass through the area more rapidly.

Salt marsh Conditions

The primary focus for this project is to restore hydrology in the Maidford salt marsh. Restoration efforts to date, which have included elevation of some marsh surfaces, phragmites control, creation of small drainage channels on the marsh surface (runnels), restoring flow to stagnant pools and pannes, clearing of existing channels and creation of new ones, have greatly improved salt marsh conditions by allowing them to drain effectively. An increase in high marsh vegetation has occurred, and the duration of flooding of the salt marsh has been greatly reduced. Tidal flow gauges now show that, excluding the marsh segment north of the connector road, tidal flows within the marsh are closely mimicking tidal flow in the Sakonnet River (USFWS data, 2015-2017).

And while surface flooding has been reduced in the northern marsh, flood waters still persist for as long as 24 to 36 hours after a rain event. This protracted flooding of the marsh surface can hamper vegetative production and nest productivity of wildlife species dependent on salt marsh habitats.

Removing the obstruction (undersized culverts) at the Connector road will allow the salt marsh to handle flood waters much more effectively, reducing the time period during which the marsh surface is flooded. The monitoring program associated with the project will insure that unforeseen erosion of channels (old and new) will be detected soon enough to take action as needed. Incorporation into the design for allowance of emergency placement of stop logs will also help to provide latitude in controlling flow.

Providing for installation of a flapgate on one culvert will insure that the refuge will have the capacity to manage excessive tide heights in the North marsh, while still providing an avenue for flood waters to escape the north marsh at a more natural pace. Keeping one culvert free of obstructions at all times will allow plant and animal movement with the marsh at current levels.

During construction, up to 1,800 square feet (0.041 acres) of saltmarsh could be temporarily excavated but replaced after installation of box culverts. Saltmarsh elevations will be re-

established and the area re-seeded/planted with locally adapted saltmarsh plants (primarily Spartina alternaflora and Distichlis spicata).

In addition, up to 2,500 square feet (0.057 acres) of existing saltmarsh may be permanently lost from construction and installation of culverts. To insure there is no net loss of wetlands, a like amount of new saltmarsh will be created by excavating upland and immediately adjacent to the saltmarsh and lower the elevation to 1.9 ft NAVD88 to make the site conducive to saltmarsh development. This would be followed by re-seeding/planting the area with locally adapted saltmarsh plants.

While the disturbance will degrade saltmarsh conditions in the near term, the site is located immediately adjacent to a highly disturbed site (roadside), and creation of new saltmarsh further outside the disturbance area will provide higher quality habitat over time.

It is unlikely that replacement of the existing culverts with larger ones will result in higher water levels in the North Marsh because:

1. Marsh surface elevations are high in the Northern marsh, with only a small number of high tides actually reaching the surface of the marsh;

2. Unlike a buildup of water trying to exit the North Marsh, there is no buildup of water trying to enter the North Marsh;

3. Water management strategies as summarized in Exhibit 1 are designed to monitor and prevent excessive water levels in the north marsh.

Phragmites control on up to 7 acres is expected to result in more favorable conditions to allow the marsh to migrate into upper elevations in response to sea level rise. Nekton access to high marsh areas now infested by phragmites are also expected to improve, enhancing saltmarsh productivity.

Aesthetics

The project lies within a culturally important area where many early painters would take advantage of the scenery to create works of art. Substantial efforts have been undertaken in the general vicinity in part to restore natural views. Approximately 1.45 miles of above ground utilities have been placed underground with the poles removed. The town has adopted signing and other measures which better blend into the natural environment. Phragmites control on the salt marsh has improved scenic vistas from the connector road across the marsh.

Installation of guardrails will be a necessary part of this project near the channel crossing for public safety. To minimize impacts on the aesthetic appeal of the area, the guardrails will be constructed of wood rather than steel in order to help the guardrail better blend into the

surroundings. Vegetative growth around the guardrails in disturbed areas will be re-established using a mixture of locally adapted native species, further enhancing aesthetic quality of the area.

Public Safety

Reducing or eliminating flooded road conditions at Hanging Rock Road and potential along Sachuest Point Road, public safety will be improved by eliminating or reducing the hazard flooded roadbeds represent to vehicular and pedestrian traffic, and would reduce emergency vehicle response times during flood events.

The Connector Road receives moderate to high levels of traffic particularly during the summer beach season not only by vehicles but also by persons afoot, on bikes, and on horseback. The Town of Middletown raised the road as part of the Sachuest Bay Resiliency project to help protect the road from future storms and sea level rise. The town, through a special use permit issued by the Service, has responsibility for providing and maintaining the road in a safe manner.

The raising of the road bed has reduced shoulder widths of the road as it passes through the salt marsh, limiting the area for pedestrians. A lack of guardrails, particularly in proximity to the project site, represents a potential safety hazard to vehicles using the road.

This project will install guardrails in the immediate vicinity of the new culverts. Guardrails are required in this area for the safety of vehicles operating on the road. To minimize the potential of “funneling” both vehicle and foot traffic onto the paved road surface, the guardrails will be offset from the pavement by three feet on each side of the road. This will provide a shoulder area for pedestrians to avoid vehicular traffic on the roadway.

By installing guardrails in proximity to the stream crossing, and offsetting the guardrails away from the paved road surface, the project will improve public safety on the Connector Road.

Consistency with applicable Federal Law

National Wildlife Refuge Improvement Act of 1997 (Public Law 105-57,as amended)

This Act requires that actions authorized or carried out on National Wildlife Refuges be conducted so as to be consistent with the purposes for which a refuge are established, provide for diversity, and allow appropriate wildlife dependent uses. The Act requires development of long term Comprehensive Conservation Plans to help guide refuge management.

The Sachuest Point NWR was established for purposes of providing an inviolate sanctuary for migratory birds, and for other reasons. A Comprehensive Conservation Plan was approved for the Sachuest Point Refuge in 2001. The CCP emphasizes management of wildlife habitats to sustain migratory birds, to provide safe and well maintained facilities, and to emphasize wildlife dependent recreational opportunities where compatible with the refuge purposes.

The project fulfills and satisfies requirements of this law by (a) improving habitat conditions for migratory birds and other native species; (b) providing safe and well maintained facilities; and (c) providing for wildlife dependent recreational opportunities.

Endangered Species Act of 1972 (7 U.S.C. § 136, 16 U.S.C. § 1531 et seq.).

Piping plover (Charadrius melodus), a threatened species, occupy the beach front at Third Beach, and also use the sandy portions of the salt marsh downstream of the project site for foraging and nesting. This sandy area is becoming revegetated with salt marsh vegetation, and is considered transitionary habitat. While nest attempts were made in the salt marsh, none have been successful. The project will not change the overall hydrology of the site, as the area lies within elevations prone to periodic flooding. While the amount of water flowing through the system may rise during and after storm events, available information suggests that these flows will not be in excess of what the salt marsh is capable of producing. Construction activities will occur away from areas frequented by plovers, and will not occur within nesting or foraging habitat for the species. There will be no effect on this threatened species.

Salt marsh sparrow, a candidate species, inhibit the northern and middle portion so the salt marsh, nesting each year in the site. While habitat restoration conducted to date has improved salt marsh conditions by allowing an expansion of high marsh habitat, reduced waterlogging on the marsh surface, and has reduced the duration of flood events on the marsh. While improvements have been observed, high flood flows resulting from rain events still flood the marsh for over a 24 hour period. While these sparrows are adapted to limited flooding events (a tide cycle), reduced productivity from persistent flooded conditions hampers nest productivity.

Lessening the frequency and length of flooding activities will likely enhance nesting conditions and productivity by allowing the marsh to more rapidly handle flood flows through the marsh, reducing the duration of nest flooding.

Northern long eared bats (Myotis septentrionalis), a threatened species, may occur in the general vicinity of the marsh, however no known hibernacula or suitable summer habitat

(forested lands) occurs in or near the area for this species. The project will have no effect on this species.

John H. Chafee Coastal Barrier Resource Act of 1982 (PL 97-348, as amended )

This federal law prohibits the use of federal funds within coastal barrier resource units designated under the act, unless certain exemptions are met. The federal law is implemented by the U.S. Fish and Wildlife Service, and determinations under the Act, when an activity is on a National Wildlife Refuge or part of a refuge activity, is delegated to the project leader.

The project area lies within coastal barrier unit RI-04P, which includes the Sachuest Point National Wildlife Refuge and adjacent areas. This project meets the following exceptions as detailed in Section 6 of the Act:

(2) the maintenance of existing channel improvements and related structures, such as jetties, and including the disposal of dredge materials related to such improvements.

This project will enhance the Maidford Channel by improving upon previous efforts at channel improvements. In 1972, the small culvert was installed at this site by the Service to improve water flow through the marsh to combat a phragmites invasion. In the late 1990’s, two additional culverts were installed to increase saltwater flows into the marsh, again to improve salt marsh conditions and control invasive phragmites. Replacing these three culverts with a larger structure will provide the necessary flow, based on tidal assessments, to achieve the restoration goals of the area, allowing the salt marsh to function more naturally during flood events.

(3) the maintenance, replacement, reconstruction, or repair, but not the expansion, of publicly-owned or publicly-operated roads, structures, or facilities that are essential links in a larger network or system.

The Connector road is owned by the federal government and is open for public use. The road provides a key link between recreational sites (Sachuest Beach, Third Beach, Campground, Sachuest Point NWR) both for the public and also for emergency vehicles.

(6) any of the following actions or projects, but only if the making available of expenditures or assistance therefore is consistent with the purposes of this Act: (A) Projects for the study, management, protection and enhancement of fish and wildlife resources and habitats,

including, but not limited to, acquisition of fish and wildlife habitats and related lands, stabilization projects for fish and wildlife habitats, and recreational projects.

This project is part of a larger salt marsh restoration action designed to improve salt marsh conditions. The anticipated improvement in habitat conditions is the primary goal and objective of pursuing this project.

The purposes of the Act are:

• minimize loss of human life by discouraging development in high risk areas; • reduce wasteful expenditure of federal resources; and • protect the natural resources associated with coastal barriers.

This project is consistent with these objectives because (a) it will not discourage new development in coastal area; will not result in a waste of federal funding. The restoration program is funded through authorizations under the Disaster Relief Appropriations Act (Pub. L. 113–2), and vetted through the U.S. Department of the Interior; and (c) the project is specifically designed to protect and enhance natural resources associated with the coastal barrier unit.

The Service, based on this analysis, finds that this project is fully consistent with the Coastal Resource Barrier Act of 1982 (as amended).

National Historic Preservation Act (NHPA; Public Law 89-665; 54 U.S.C. 300101 et seq.)

This legislation is intended to preserve historical and archaeological sites in the United States of America. This project is located within the area historically occupied by the Narragansett Indian Tribe, but is not likely to impact historic properties or sites potentially eligible for lusting in the historic register. While salt marshes may have been used for gathering and hunting, their wet nature prohibited use of these sites for permanent or summer encampments.

In addition, this is because of the long history of disturbance to this site. Early coastal mapping of the site in the late 1870’s shows that a road had been constructed in this area. Several improvements to the road have been undertaken through the years by the U.S. Navy and other previous owners, including placement of water and sewer lines underneath the road surface. In 1972, the Service installed an 18” culvert underneath the road in this location, and in the 1990’s two additional culverts were placed in the site. If artifacts were present, disturbance to the site over many years would have destroyed them. Site surveys conducted within 400 feet of the salt marsh in dune habitats failed to find any artifacts or indication of historic features.

The Service finds that this project is not likely to impact historic properties or sites potentially eligible for listing in the historic register.

Coastal Resource Management Act, Rivers and Harbors Act, National Marine Fisheries Act, Clean Water Act.

Permits and authorizations under these federal laws will be sought and implanting requirements followed. A federal Consistency Determination will be submitted to the State of Rhode Island Coastal Resource Management Council. A Water Quality Certification will be applied for to the State of Rhode Island Department of Environmental Management. A permit will be sought from the Army Corps of Engineers, whose process includes seeking comments and recommendations form the National Marine Fisheries and the Environmental Protection Agency.

These applications will be submitted in January 2018. All required permits will be secured prior to initiation of construction activities.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

This Act requires federal agencies to evaluate proposed actions (including alternatives) and their consequences to the environment, and where appropriate, to solicit public comment on the proposal. This document constitutes the Service’s evaluation of project effects on the environment, and is being made available for public review and comment. Any public comments received will be evaluated as part of this review.

Selection of a No action alternative would result in maintaining current conditions. The salt marsh would continue to experience extended flooding following rain events, hampering recovery and nest productivity of salt marsh dependent species. Flooding of facilities such as Hanging Rock and Sachuest Point Roads would continue. Extended flooding of the roads and marsh surface would continue to delay recovery of water quality standards in the system. There would be no impact on aesthetics or cultural resources. Public safety on the Connector Road would not be as assured unless the Town installed guardrails at the crossing as allowed under their special use permit. Periodic channel clearing of the original Maidford outlet by the Town or other entities could result in temporary relief from storm events, but would likely be short lived due to sand re-entering the channel and preventing outflow at that site.

Relying on tidal flows to control phragmites would not be effective, since tidal flows are attenuated, and while improved flows may reduce some stands and the height of stalks, the treatment would not be effective at fully controlling stands in the foreseeable future.

LITERATURE CITED

Basnyat, P., L.D Teeter, K.M. Flynn, and B.G. Lockaby.1999. Relationships between Landscape Characteristics and Nonpoint Source Pollution Inputs to Coastal Estuaries. J. Environ Manage. 1999 May 23(4):539-549. Benoit, L.K., and R.A. Askins. 8.1999. Impact of the Spread of Phragmites on the Distribution of Birds in Connecticut Tidal Marshes. Wetlands Vol. 19(1):pp. 194-20.

Bromberg, K.D. , and M.D. Bertness . 2005. Reconstructing New England salt marsh losses using historical maps. Estuaries 28:823-832.

Center for Ecosystem Restoration (CER). 2015. Unpublished Report: Maidford Salt marsh Restoration Project Description. Prepared for USFWS. Wickford, RI. 34pp..

Beers, D.G. 1870. Unpublished Map depicting the Maidford River Drainage System. Retained on file by USFWS, Charlestown, RI. 1p.

Dibble, K.L., and L.P. Meyerson. 2012. Tidal Flushing Restores the Physiological Condition of Fish Residing in Degraded Salt Marshes. PLOS ONE Vol. 7(9):e46161.

Grilli, A., and M.L. Spaulding. 2015. Unpublished Report: Application of an Inlet Basin Hydrodynamic Model to Predict Circulation in the Maidford River-Sachuest Marsh System, Under Existing Conditions to Evaluation Restoration Options. Univ. Rhode Island, Narragansett RI.71.pp.

Kimball, M.E., K.W. Able, and T.M. Grothues. 2010. Evaluation of Long Term Response of Intertidal Creek Nekton to Phragmites australis (Common Reed) removal in Oligohaline Delaware Bay Salt Marshes. Restoration Ecology Vol. 18(5):772-779.

Michigan DNR 2014. A Guide to the Control and Management of Invasive Phragmites.3rd Ed. 46pp.

Rhode Island Coastal Resource Management Council. 2015. Unpublished Report: The Rhode Island Sea Level Affecting Marshes Model (SLAMM) Project Summary Report. Rhode Island Shoreline Change Special Area Management Plan Technical Report #1. Wakefield, RI.

Rhode Island Department Environmental Management. 2011a.Unpublished Report: TDML assessment, Maidford River (Segment 2a). Providence, RI. 13pp.

Rhode Island Department Environmental Management. 2011b. Unpublished Report: TDML assessment, Maidford River (Segment 2b). Providence, RI. 14pp.

Roman, C.T., K.B. Rapoza, S.C. Adamowicz, M.J. Pirri, and J.G. Catena. 2002. Quantifying Vegetation and Nekton Response to Tidal Restoration of a New England Salt Marsh. Restoration Ecology Vol. 10(3), pp.450-460.

Smith, J.A.M.. 2013. The Role of Phragmites australis in Mediating Inland Salt Marsh Migration in a Mid-Atlantic Estuary. PLOS ONE Vol. 8(5): e65091. 8pp.. doi:10.1371/journal.pone.0065091.

United States Fish and Wildlife Service 2004. Unpublished Report: Salt Marsh Restoration and Resiliency Plan for the Maidford River Salt marsh. Charlestown, RI. 75 pp..

Woods Hole Group, Inc. 2017. Unpublished Draft Report: Coastal Modelling and Analysis for Evaluation of Restoration Alternatives at Maidford River. Prepared for the USFWS. East Falmouth, MA. 82pp..

APPENDIX A

CONCEPTUAL DESIGN, CONNECTOR ROAD CULVERT REPLACEMENT

NOTE:

Metal guardrails are changed to wooden guardrails

18 or 12” weir boards are changed to 8” weir boards