|
May 30, 2001
COPY VIA FACSIMILE ORIGINAL VIA U.S. MAIL Audrey Calhoun Re: Belle Haven Marina Scoping Notice Dear Superintendent Calhoun: In preparing comments on the NPS' scoping notice regarding the future of Belle Haven Marina, I came across the following statement in the scoping notice which NPS implied was controlling as to the area now known as Dyke Marsh: "preservation [of] wet land wildlife habitat shall be paramount." Belle Haven Marina Public Scoping (March 2001) at 1. In looking into the accompanying text of the 1959 statute from where the above quote was taken and which authorized the acquisition of the land now known as Dyke Marsh, I discovered that the remaining portion of the sentence was not quoted. The full sentence goes on to state that the Department of Interior was to abide by the above direction regarding wet land habitat "except [for] such portion [of the lands acquired] that the Secretary shall designate as a part of the George Washington Memorial Parkway within one year from the effective date of this Act." Public Law 86-41, 73 Stat. 71 (section c)(June 11, 1959) (emphasis added). The Act is dated June 11, 1959. NPS states in the Scoping Notice that Dyke Marsh was acquired by NPS as part of the GWMP in 1959. See Scoping Notice ("In 1959, the NPS was able to acquire Dyke Marsh"). Therefore, it appears from NPS' statement that the inclusion of Dyke Marsh was within one year of the Act's effective date. Given this, the complete text of the statute by which Dyke Marsh was acquired demonstrates that Congress specifically did not direct NPS to manage Dyke Marsh in the manner NPS has stated in the Scoping Notice, because Congress specifically exempted from its management direction those lands designated as part of GWMP. If the foregoing is correct, a clarification should be issued by NPS because the implication in the Scoping Notice as to the Act's direction can significantly affect the amount and substance of public comments NPS receives. If people believe that NPS is legally mandated by the Act which authorized the acquisition of Dyke Marsh to treat wet lands preservation as "paramount" in this matter, as is currently the clear impression, this erroneous representation of the law can have a distinct impact on their willingness to comment as well as the substance of those comments. This kind of impact would render the Scoping Process and any decision ultimately based on the resulting Environmental Assessment legally defective and invalid pursuant to NEPA. As the Friends of Belle Haven Marina have stated, they are committed to ensuring the marina continues to operate in an environmentally sensitive manner. By doing so with minimum impacts on the river and Dyke Marsh, the marina can contribute to people's sustained enjoyment of these resources. Recent actions of the NPS further demonstrate that preservation of wetland wildlife habitat, while desirable, is not always a "paramount" goal with respect to Dyke Marsh. As I am sure you are aware, the NPS, with the support of the Friends of Dyke Marsh, recently approved the construction of a boardwalk and viewing stand in Dyke Marsh using federal funds. This boardwalk and viewing stand will permit the Friends of Dyke Marsh, along with others, to use and enjoy the marsh in pursuit of their recreational activities. The NPS concluded that this sizeable new structure will admittedly: 1) kill off a large area of vegetation; 2) result in even greater numbers of people using the marsh; 3) extend into areas of the marsh which were not previously accessed by people; 4) disturb nesting migratory birds and other wildlife; 5) potentially increase erosion around the many posts which will be driven into the marsh as part of its construction; 6) result in the operation of a Bobcat front-loader in the marsh for construction purposes; and, although not discussed, 7) potentially introduce arsenic into the marsh from the use of pressure-treated lumber. See Environmental Assessment, ROD and FONSI for Raised Boardwalk and Viewing Areas. Notwithstanding these impacts, the NPS nonetheless agreed that the overall increased use and enjoyment of the marsh would result in a better understanding of the environment. The project was therefore approved. We are confident that, using the same standard that was applied to justify the construction of a new structure in Dyke Marsh, NPS will similarly conclude that the overall beneficial impact of the marina (which is adjacent to but not actually in the marsh and which the Friends of Dyke Marsh have stated is operated in an environmentally sensitive manner) is also consistent with NPS's goal to promote both the enjoyment and conservation of our natural resources. Very truly yours, Kevin R. Garden KRG/smg cc: Secretary Gail Norton |
| Back to Friends' Home |