AQUATIC RESOURCES Clause Samples
AQUATIC RESOURCES. Applicant has approximately 60,802 acres of Forests & Fish Buffers comprising RMZs, WMZs, and CMZs delineated or modeled on the Enrolled Lands. The locations of these Buffers are shown on Applicant’s Enrolled Lands maps where delineated and modeled (see the SHA). These stands are shown on the Enrolled Lands maps interspersed with unstable slope buffers, but the majority of the lands identified as Forests & Fish Buffers are RMZs, WMZs, and CMZs. Location of streams and rivers are also shown, which indicate the location of typed waters when viewed in conjunction with locations of Forests & Fish Buffers. Site I 200’ 50’ 83’ 100’ 67’ 50’ Site II 170’ 50’ 63’ 78’ 57’ 42’ Site III 140’ 50’ 43’ 55’ 47’ 35’ Site IV 110’ 50’ 23’ 33’ 37’ 27’ Site V 90’ 50’ 20’ 18’ 30’ 22’ *No harvest is allowed in the core zone
(i) Limited Hardwood Conversion (to conifer) is allowed in inner zone if a number of criteria are met: • If shade requirements (222-030-040) (FPBM (Forest Practices Board Manual) Section 1) cannot be met in core and inner zone, then No Inner Zone Harvest is permitted (2220-030- 020 (1)(b)(ii)(A). • If shade requirements (222-30-040) (FPBM Section 1) are met and the core and inner zone inventory will achieve the target 325 sq. ft of basal area by 140 yrs of age (Desired Future Condition), landowners have 2 options for harvest operations in the RMZ’s: ▇▇▇-▇▇▇-▇▇▇ (1)(b)(ii)(B)(I) Inner zone option 1 (Thinning from below), ▇▇▇-▇▇▇-▇▇▇ (1)(b)(ii)(B)(II) Inner Zone option 2 (leave trees closest to water). Within Bull Trout Overlay, all available shade within the first 75’ must be retained. Leave tree requirements are shown in Table 3- 3. No Inner Zone Harvest No harvest No harvest Dispersed: Minimum of 20 conifer/ac ≥ 12” dbh** Clumped: Minimum of 20 conifer/ac ≥ 12” dbh*** Clumped Associated with Sensitive Sites: Minimum of 20 tpa (conifer/hardwood) ≥ 8”dbh representative of overstory Inner Zone Harvest Option 1: Thinning from Below*† No Harvest • Residual must meet DFC target (140 yr) • Harvest smallest DBH 1st • Maintain proportion of conifer • Minimum of 57’ conifer/ac Same as above Inner Zone Harvest Option 2: Closest to Stream*‡ No Harvest • No harvest on 1st 30’ on streams with BFW ≤ 10 ft • No harvest on 1st 50’ on streams with BFW > 10 ft • Residual must meet DFC target (140 yr.) • Min of 20 conifer/ac ≥ 12”dbh • Harvest from outer edge towards stream Same as above *Shade requirements must be met (222-030-040); FPBM section 7 †Harvest within first 25’ m...
AQUATIC RESOURCES. Under all alternatives, timber harvest and management activities are expected to occur throughout the Enrolled Lands, resulting in potential effects to aquatic resources. Timber harvest and management activities may vary between certain alternatives, but such variations are not expected to be highly significant. Under all alternatives, Applicant will continue to follow the Forest Practices Program and its elaborate prescriptions to protect riparian health, stream temperatures, and water quality for federally-listed fish species. Specifically, all activities would follow applicable rules and regulations (i.e., Forest Practices Rules and FPHCP) regarding RMZs, CMZs, and Unstable Slopes; therefore, impacts to aquatic resources would be the same under all alternatives, as analyzed in sections 4.5 and 4.7 of the FPHCP FEIS (USFWS and NMFS 2006). Following the criteria for implementation of buffers around RMZs, WMZs, Equipment Limitation Zones, CMZs, sensitive sites, and unstable slopes outlined in the Forest Practices Rules and FPHCP results in increased shade protection, reduced sediment delivery to streams, greater protection from pesticide contamination, reduced effects of timber-harvest induced peak flows, reduced likelihood of contaminated surface water reaching and contaminating groundwater, and lower likelihood for adverse hyporheic zone impacts. There may be marginal differences in impacts to aquatic resources under each of the three alternatives relating to the lands set aside for conservation purposes. For example, Alternative 3 would result in additional set-asides near wetland areas and the Proposed Alternative would set aside Presumed Habitat or Occupied Sites as no-harvest areas that are also near aquatic resources, which could positively impact riparian forest, stream temperatures, and/or water quality at a site- specific scale. However, none of these differences in impacts to aquatic resources are expected to be measurable given the fact that the same Forest Practices Program regarding aquatic resources will apply under all alternatives. Under the No Action Alternative, Proposed Action Alternative and Alternative 3, continued operations are not expected to alter existing fish habitat conditions or otherwise result in effects to ESA-listed fish species other than as already described in the FPHCP (WDNR 2005), the FPHCP EIS (USFWS and NMFS 2006), and the Biological Opinions of USFWS (2006) and NMFS (2006) because there would be no changes to For...
AQUATIC RESOURCES. PRESENCE IMPACTS2, 3 STREAMS, RIVERS & WATERCOURSES1 Not Present Present Intermittent (streams only) Not Present Present No Yes Perennial Not Present Present No Yes Wild trout streams Not Present Present No Yes Stocked trout streams Not Present Present No Yes PRESENCE IMPACTS2, 3 FEDERAL WILD & SCENIC RIVERS & STREAMS1 Not Present Present No Yes Documentation4 National Parks Service Coordination Letter U.S. Forest Service Coordination Letter (Allegheny River) PRESENCE IMPACTS2, 3 STATE SCENIC RIVERS & STREAMS1 Not Present Present No Yes Documentation4 DCNR Coordination Letter PRESENCE IMPACTS2, 3 NAVIGABLE WATERWAYS1 Not Present Present No Yes Documentation4 Coast Guard Coordination PRESENCE IMPACTS2, 3 OTHER SURFACE WATERS1 Not Present Present Reservoirs Not Present Present No Yes Lakes Not Present Present No Yes Farm ponds Not Present Present No Yes Detention basins Not Present Present No Yes Stormwater Management Facilities Not Present Present No Yes Others (describe in remarks) Not Present Present No Yes PRESENCE IMPACTS2, 3 GROUNDWATER RESOURCES1 Not Present Present State, County, Municipal or Local Public Supply ▇▇▇▇▇ Not Present Present No Yes Residential Well Not Present Present No Yes Well Head Protection Area Not Present Present No Yes Springs, Seeps Not Present Present No Yes Potable Water Source Not Present Present No Yes Sole Source and/or Exceptional Value Aquifers Not Present Present No Yes Remarks: PRESENCE IMPACTS2, 3 WETLANDS1 Not Present Present Open Water Not Present Present No Yes Vegetated Emergent Not Present Present No Yes Scrub Shrub Not Present Present No Yes Forested Not Present Present No Yes Exceptional Value Not Present Present No Yes Documentation4 Wetland Identification and Delineation Report Conceptual Mitigation Plan 404 (b)(1) Alternative Analysis (ATTACH TO THE CEE.) Jurisdictional Determination (ATTACH JD LETTER TO THE CEE.) Functional Assessment Analysis Options/design modifications were investigated to avoid impacts to wetlands: Yes No N/A There are no practicable alternatives to construction within the wetlands: Yes No N/A The alternative chosen (proposed project) includes all practicable measures to minimize harm to wetlands: Yes No N/A If the answer to any of the above three questions is No, provide an explanation in the Remarks Section below. Based on information herewithin, it is determined that there is no practicable alternative to the proposed construction in wetlands and the proposed action includes all pract...
AQUATIC RESOURCES. PRESENCE IMPACTS2 STREAMS, RIVERS & WATERCOURSES1 Not Present Present Intermittent (streams only) Not Present Present No Yes Perennial Not Present Present No Yes Wild trout streams Not Present Present No Yes Stocked trout streams Not Present Present No Yes Since the CE Re-evaluation in 2013 the southernmost portion of the project area in Section RC1 occurs within the Poquessing Creek HUC-12 Watershed. There are two unnamed tributaries to Poquessing Creek within and immediately surrounding the project area. The Poquessing Creek and its tributaries are designated as Warm Water Fisheries (WWF) and Migratory Fisheries (MF) according to the PA Code Title 25, Chapter 93, Water Quality Standards. According to the Pennsylvania Fish and Boat Commission (PFBC), the Poquessing Creek and its tributaries within the vicinity of and downstream of the project area are not classified as Approved Trout Waters, Class A Wild Trout Streams, stocked trout waters, or as streams supporting natural trout reproduction. Since the CE Re-evaluation approved in 2013, it has been determined that the northern part of the RC1 Section and Section RC2 of the S.R. 0001 Project occurs within the Core Creek-Neshaminy Creek HUC-12 Watershed. Streams located within this portion of the project area include the Neshaminy Creek and three unnamed tributaries to the Neshaminy Creek. The Neshaminy Creek and its tributaries are also designated as WWF and MF according to the PA Code Title 25, Chapter 93, Water Quality Standards. According to the PFBC, the Neshaminy Creek and its tributaries within the vicinity of and downstream of the project area are not classified as Approved Trout Waters, Class A Wild Trout Streams, stocked trout waters, or as streams supporting natural trout reproduction. Since the CER approved in 2013, it has been determined that a total of 1,615 linear feet of unavoidable permanent impacts to perennial, intermittent, and ephemeral streams is anticipated from the Section RC1 and RC2 construction. Permanent impacts associated with Section RC1 equal 515 linear feet and currently it is estimated that 1,100 linear feet of impacts will occur associated with Section RC2. Impact numbers for Section RC2 will be refined during final design and a CE Re-evaluation will be prepared to document any changes associated with Section RC2. Permanent impacts include partial and complete filling of the channels in Sections RC1 and RC2 to extend the slopes of the roadway as well as the extension of pip...
AQUATIC RESOURCES. PRESENCE IMPACTS2, 3 STREAMS, RIVERS & WATERCOURSES1 Not Present Present Intermittent (streams only) Not Present Present No Yes Perennial Not Present Present No Yes Wild trout streams Not Present Present No Yes Stocked trout streams Not Present Present No Yes
AQUATIC RESOURCES. PRESENCE IMPACTS2 STREAMS, RIVERS & WATERCOURSES1 Not Present Present Intermittent (streams only) Not Present Present No Yes Perennial Not Present Present No Yes Wild trout streams Not Present Present No Yes Stocked trout streams Not Present Present No Yes Field investigations conducted September 24 and 26, 2019 identified nineteen jurisdictional watercourses within the project study area. These streams included Canoe Creek and eighteen unnamed tributaries to Canoe Creek. The Pennsylvania Code Title 25, Chapter 93 Water Quality Standards, identifies the management designation for Canoe Creek is High Quality Cold Water Fishes (HQ-CWF). All unnamed tributaries to Canoe Creek will also carry the same management designation as Canoe Creek (HQ-CWF). Approximately 405 linear feet of permanent impacts to streams is anticipated including linear feet of bridge deck over Canoe Creek and UNT 5 (ephemeral stream). Of this total, approximately 60 linear feet of stream will require relocation due to cut/fill slopes and one small area for pier placement. Approximately 2,840 linear feet of temporary impacts to streams is anticipated including work associated with the arch culvert carrying UNT 2 under I-80 and other drainage pipes carrying jurisdictional watercourses. Is mitigation incorporated? No Yes Project Specific Restoration/Enhancement: 60 linear feet Stream mitigation and/or restoration plans will be included in the waterway permit application for the project. The details of mitigation will be determined through consultation with permitting agencies. Based on preliminary impact estimates, approximately 60 linear feet of stream relocation is anticipated. Canoe Creek is identified by the Pennsylvania Fish and Boat Commission (PFBC) as both a "Stocked Trout Water" and a "Wild Trout Water" (naturally reproducing) within the project area. As a result, no work will be permitted in the stream from March 1st to June 15th (for stocked trout) and October 1st to December 31st (for wild trout).
AQUATIC RESOURCES. PRESENCE IMPACTS2 STREAMS, RIVERS & WATERCOURSES1 Not Present Present Intermittent (streams only) Not Present Present No Yes Perennial Not Present Present No Yes Wild trout streams Not Present Present No Yes Stocked trout streams Not Present Present No Yes Is mitigation incorporated? No Yes PRESENCE IMPACTS2 FEDERAL WILD & SCENIC RIVERS & STREAMS1 Not Present Present No Yes Documentation3 Is mitigation incorporated? No Yes Remarks PRESENCE IMPACTS2 WETLANDS1 Not Present Present Open Water Not Present Present No Yes Vegetated Emergent Not Present Present No Yes Scrub Shrub Not Present Present No Yes Forested Not Present Present No Yes Exceptional Value Not Present Present No Yes Documentation3 Wetland Identification and Delineation Report Conceptual Mitigation Plan 404 (b)(1) Alternative Analysis (ATTACH TO THE CEE.) Jurisdictional Determination (ATTACH JD LETTER TO THE CEE.) Functional Assessment Analysis Is mitigation incorporated? No Yes
AQUATIC RESOURCES. PRESENCE IMPACTS2 STREAMS, RIVERS & WATERCOURSES1 Not Present Present Intermittent (streams only) Not Present Present No Yes Perennial Not Present Present No Yes Wild trout streams Not Present Present No Yes Stocked trout streams Not Present Present No Yes All of the streams within the project study area (PSA) are documented under the Pennsylvania Department of Environmental Protection’s (PADEP) Chapter 93 Water Quality Standards as a Warm Water Fishers (WWF). 1,537 Approximately 1,537 lineal feet of permanent stream impacts are anticipated to nine (9) identified streams in the PSA. Approximately 911 lineal feet of perennial stream and 626 lineal feet of intermittent stream will be permanently impacted due to the project fill slopes and culvert extensions. Therefore, mitigation in the form of riparian plantings is proposed. Minor temporary stream impacts to eight (8) of the identified streams in the PSA are expected to result from construction activities (approximately 385 linear feet). Approximately 248 lineal feet of perennial stream and 137 lineal feet of intermittent stream will be temporarily impacted by construction access and the removal of the existing structures as well as placement of the proposed structures. All impacts will be minimized to the extent possible by the implementation of an approved erosion and sedimentation control plan. Mitigation in the form of riparian plantings proposed. Seven (7) perennial streams: S-1, S-2, S-3, S-4, S-5, S-6, and S-7; and seven (7) intermittent streams UNT-1, UNT-2, UNT-3, UNT-4, UNT-5, UNT-6, and UNT-7; are located within the project study area (PSA). The streams within the PSA are Chapter 93 designated Warm Water Fishes (WWF), and are either tributaries to Breakneck Creek or Glade Run. None of the streams are Pennsylvania Fish and Boat Commission Approved Trout Waters, Class A Wild Trout Streams, listed with Naturally Reproducing Trout, US Army Corps of Engineers Designated Navigable Waterways, PFBC Designated Water Trails, nor are they State or Federal Wild & Scenic Rivers. Please see the attached Aquatic Resources Report and Stream Data Forms located in the technical file. PRESENCE IMPACTS2 STREAMS1 Not Present Present No Yes According to the Federal Wild & Scenic River & Streams in USC Title 16 Chapter 28, no federal wild and scenic rivers and streams are present within the project study area. According to the Pennsylvania Wild & Scenic River & Streams, P.L. 1277, Act No. 283 as amended by Act 110, May...
AQUATIC RESOURCES