ENVIRONMENTAL IMPACT STATEMENTS - CHAPTER 6 ppsx

d diversity equitability component [evenness], richness component [number of species], and plant species diversity index or foliage height diversity index e edge/area ratio f economical

The Natural Environment: Biology

In considering the effects of a proposed project or program on the biology of an area,

one must examine all of the possible entities in all locations—air, land, and water.

These locations, in turn, may be subdivided into factors such as deserts, tundras, wet-lands, coastal areas, fresh and salt water, and so on

Both animal and vegetable matter have to be taken into account The various families and taxa in each of the categories that may be present in the area under study must be examined A broad and incomplete listing that illustrates this point follows:

A comprehensive listing of all of the biological entities that may require consid-eration in an EIS has been prepared by the Maryland Department of Natural Resources (Maryland DNR, 1974) as follows:

“1 Vegetation and Flora*

a vascular marine and non-marine vegetation and flora

1) vegetation types—wetland, bottomland hardwood forest, pine –oak

for-est, pine forfor-est, sweetgum –beech forfor-est, fields, etc.

a) spacial extent (delineate acreage) b) floral composition (species list) c) vegetative structure (density, cover values stratification, successional stages, etc.)

d) diversity (equitability component [evenness], richness component [number of species], and plant species diversity index or foliage height diversity index)

e) edge/area ratio f) economically important species 2) system maintenance functions

a) productivity values of types b) food chain relationships (energy transfer)

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*The term vegetation deals with plant communities while the term flora is concerned with individual taxa (genera, species, etc.), that is, a list of species present.

algae birds, bats, etc vegetation

phytoplankton flying insects plants

zooplankton shrubs

benthic organisms trees

fish at all stages snakes

insects small mammals large mammals

c) detritus production d) reproductive success and dispersal rates e) value for animal habitat

f) oxygen production g) nutrient cycling capacity h) flood buffer capacity i) erosion control capacity j) sediment entrapment function k) turbidity reduction capacity l) water pollution abatement capacity m) firebreak function

n) salt water buffering capacity o) water storage capacity 3) rare or endangered species, populations and communities

4) unique or virgin stands and habitats, large den trees, large or record tree specimens, etc.

5) pestiferous or parasitic species

6) delineate and describe agricultural/horticultural/forestry crops

b non-vascular, non-marine vegetation and flora (mosses, lichens, fresh water phytoplankton, etc.)

1) vegetation types—upland, lowland, marsh, etc.

a) spacial extent b) temporal distribution c) floral composition (species list) d) vegetative structure (density, stratification, etc.) e) diversity (equitability component [evenness], richness component [number of species] and plant species diversity index)

f) economically important species 2) system maintenance functions

3) rare or endangered species, parasitic species, pestiferous species, unusual vegetation types, etc

c non-vascular, marine vegetation and flora (phytoplankton, etc.)

1) vegetation types—estuarine phytoplankton, benthic algae, etc.

a) spacial extent b) temporal distribution c) floral composition (species list) d) vegetative structure (density, stratification, etc.) e) diversity (equitability component [evenness], richness component [number of species] and diversity index)

f) economically important species—especially for finfish and shellfish industry

2) system maintenance functions

a) phytoplankton productivity b) turnover rates

c) oxygen production capacity d) food chain relationships (energy transfer)

2 Faunal Communities and Fauna*

a Discuss impact upon spacial and temporal distribution of faunal land com-munities (wetland, field, forest, dune, beach, etc.) including:

1) construct a species list

2) delineate habitats and niche requirements

3) discuss predator–prey relationships

4) discuss reproductive success, dispersal rates, migrations (seasonal, immigration, and emigration rates)

5) consider population natality, mortality, longevity, etc.

6) cicadian rhythms

7) nocturnal activities

8) population growth rates and size fluctuations (seasonal, annual, etc.) 9) turnover rates, densities and trophic levels

10) age distributions

11) feeding, shelter, nesting and wintering, etc areas and migration routes 12) behavior activities (territoriality, feeding behavior, physiological stress, community homeostasis, mating rituals, symbiotic relation-ships, etc.)

b Discuss impact upon spatial and temporal distribution of aquatic faunal communities (marine, estuarine, and fresh water) such as intertidal flats, shellfish reefs, limnetic and littoral communities, benthic communities, etc.)

c Discuss any past atypical animal mortalities (fish kills, waterfowl cholera, botulism, MSX virus, etc.)

d Discuss any economically important or valuable species or populations potentially affected by the project such as:

1) commercial species (finfish, shellfish, bloodworms, crabs, etc.)

2) game or sport species (shellfish, finfish, waterfowl, upland game, big game, etc.)

e Discuss pestiferous species such as:

1) mosquitoes, tabanid flies, agricultural or horticultural crop pests, forestry pests, shellfish predators, etc.

2) parasitic species (upon plant, wildlife, and humans)

f Describe any rare and endangered species, populations, communities and habitats that could potentially be disturbed or displaced by the project.”

6.1 LEGISLATION

There are a number of pieces of legislation, possible violations of which must be con-sidered in examining impacts of a proposed project or program on the biological set-ting for an area Some of these are discussed elsewhere in this book, including the very important Clean Water Act Some of the others that are the most pertinent are described briefly below

6.1.1 T HE E NDANGERED S PECIES A CT

Under the Endangered Species Act, federal agencies are prohibited from jeopardiz-ing the continued existence of threatened or endangered species or destroyjeopardiz-ing or

*The term faunal communities refers to populations or aggregations of populations while the term fauna

is concerned with individual taxa (genera, species, etc.), that is, a list of species present.

adversely modifying habitats that are essential for the survival of these organisms Survey and mitigation measures are required

In each EA and EIS, a literature review and field survey should be conducted of the rare, threatened, endangered species which occur or which could potentially occur

on the project site The literature review is conducted for the potential occurrence of both state and federally listed species of plants and animals This is augmented by main-taining contacts with the appropriate state and federal agencies An on-site survey then

is made, if required, in order to confirm the potential occurrence of these species on the site If any protected species are found on the site, their location and habitat are noted

An estimate of the potential occurrence of both plant and animals on the site also is made based on the results of the field vegetation survey and literature review This analysis is required because of the highly mobile nature of many animals and because plant species are typically highly seasonal in their occurrence

Additional literature review is conducted if a species is found to actually occur

on the site or if the site has a very high potential as a habitat The nature of these species is described, as well as the potential impacts of the project If the site harbors protected species, emphasis is placed on designing the facilities and structures which are part of the project in such a manner as to minimize potential impacts Early coor-dination is undertaken with the EPA and relevant state and federal agencies, as needed, in order to achieve the best design which will minimize or completely avoid effects on rare, threatened, or endangered plants and/or animals If federally pro-tected species are involved, one begins the informal coordination process with the U.S Fish and Wildlife Service at the appropriate time and after consultation with the EPA However, by incorporating careful site design and other techniques, involve-ment of both state and federal agencies, with respect to rare, threatened, and endan-gered species can be minimized and delays in the project avoided At the same time, effective communication with the agencies of concern ensures that the health and well-being of any potentially affected species are protected

6.1.2 F ISH AND W ILDLIFE C OORDINATION A CT

The Fish and Wildlife Coordination Act was first passed in 1934 and has been amended a number of times The Act, in its declaration of purpose, states that:

“ wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conser-vation and rehabilitation to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the development, protection, rearing, and stocking of all species of wildlife, resources thereof, and their habitat, in controlling losses of the same from disease or other causes, in minimizing damages from overabundant species, in providing public shooting and fishing areas, including easements across public lands for access thereto, and in carrying out other measures necessary to effectuate the purposes of said sections.”

The Act then goes into detail on how federal agencies are to work together to achieve the preceding objectives It goes on to say flatly that:

“ whenever the waters of any stream or other body of water are impounded, diverted, the channel deepened, or the stream or other body of water otherwise con-trolled or modified for any purpose whatever, including navigation and drainage, by any department or agency of the United States, adequate provision, consistent with the pri-mary purposes of such impoundment, diversion or other control shall be made for the use thereof, together with an area of land, water, or interests therein, acquired or admin-istered by a Federal agency in connection therewith, for the conservation, maintenance, and management of wildlife resources thereof, and its habitats thereon, including the development and improvement of such wildlife resources ”

The Act defines wildlife as “ birds, fishes, mammals and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent.”

When EISs are examined by the Fish and Wildlife Service, particular attention

is paid to ensuring that the proposed project will not adversely affect fish and wildlife If there is a negative effect, suitable mitigating measures must be employed

6.1.3 C OASTAL Z ONE M ANAGEMENT A CT

The preamble to this 1968 Act states the Congress finds that

“(c) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion

(d) The coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein are ecologically fragile and consequently extremely vulnera-ble to destruction by man’s alterations

(e) Important ecological, cultural, historic, and aesthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably dam-aged or lost.”

Amendments to the Act in 1980 required the development of special area man-agement plans (SAMP) for areas of the coastal zone considered to be of particular importance SAMP are comprehensive plans that provide for natural resource pro-tection and reasonable coastal-dependent economic growth containing a detailed and comprehensive statement of policies; standards and criteria to guide public and pri-vate uses of lands and waters, and mechanisms for timely implementation of the des-ignated geographic areas They are also intended to provide for increased specificity

in improved protection of life and property in hazardous areas, including those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes, and improved predictability in governmental decision making

As a result of this Act, programs to protect the coastal zone have been developed

by each of the states that have coastal areas These state programs are to provide for:

1 The protection of natural resources, including wetlands, flood plains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their habitat, within the coastal zone

2 The management of coastal development in flood-prone, storm surge, geological hazard, and erosion-prone areas, and in areas likely to be affected by or vulnerable to sea level rise, land subsidence, and saltwater intrusion, and by the destruction of natural protective features such as beaches, dunes, wetlands, and barrier islands

3 The management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters

4 Priority consideration to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, recreation, ports and transportation, and the location, to the maximum extent practicable of new commercial and industrial develop-ments in or adjacent to areas where such development already exists

5 Public access to the coasts for recreation purposes

6 Assistance in the redevelopment of deteriorating urban waterfronts and ports, and sensitive preservation and restoration of historic, cultural, and esthetic coastal features

7 The coordination and simplification of procedures in order to ensure expedited governmental decision making for the management of coastal resources; continued consultation and coordination with, and the giving

of adequate consideration to the views of, affected federal agencies

8 The giving of timely and effective notification of, and opportunities for public and local government participation in, coastal management deci-sion making

9 Assistance to support comprehensive planning, conservation, and man-agement for living marine resources, including planning for the siting of pollution control and aquaculture facilities within the coastal zone, and improved coordination between state and federal coastal zone manage-ment agencies and State and wildlife agencies

10 The study and development, where appropriate, of plans for addressing the adverse effects upon the coastal zone of land subsidence and of sea level rise

Any EIS for a project that may impinge upon a coastal zone must consider ways

of complying with state regulations This is especially true if a state has an approved coastal zone management program through the Office of Coastal Zone Management, National Oceanic Atmospheric Administration (NOAA) Federal agencies with development projects within the coastal zone, including civil work activities, must assure that those activities or projects are consistent to the maximum extent practica-ble with the approved state program

6.1.4 M ARINE P ROTECTION , R ESEARCH , AND S ANCTUARIES A CT

(O CEAN D UMPING )

The Marine Protection, Research, and Sanctuaries Act of 1972, better known as the Ocean Dumping Act, regulates the ocean dumping of all types of materials that may adversely affect human health, the marine environment, or the economic potential of the oceans The EPA is authorized to designate sites where ocean dumping may be permitted or prohibited and to issue permits for material other than dredged materi-als The U.S Army Corps of Engineers is responsible for issuing permits to dump dredged material at sites designated by the EPA

The Act prohibits the dumping of radiological, chemical, and biological warfare agents and high-level radioactive wastes For other wastes, the EPA must determine through applicable criteria that their permitting for dumping will not unreasonably degrade or endanger human health, welfare or amenities, or the marine environment, ecological systems, or economic potentialities

In establishing criteria to regulate ocean dumping, the Act requires that consid-eration be given, but not necessarily limited to:

• The effect of such dumping on fisheries resources, plankton, fish, shellfish, wildlife, shore lines, and beaches

• The effect of such dumping on marine ecosystems, particularly with respect to the transfer, concentration, and dispersion of such material and its by-products through biological, physical, and chemical processes; potential changes in marine ecosystem diversity, productivity, and stability; and species and community population dynamics

The EPA issues an EIS on each site designated for ocean disposal Following the EIS, the site is approved and then a permit is issued for dumping

In determining the preproject state of the natural biological environment, one may utilize existing data, gather new data from the field, or do both When the time frame

is short, as in the case of an EA, then reliance on data in the literature or data previ-ously gathered by other groups or agencies becomes almost imperative In these cases, there usually is very little in the way of time or funds available for the gather-ing of field data On the other hand, for an EIS, and especially for one where the pro-posed project may impact wetlands or rare or endangered species, the time and funds

to gather current field data properly must be taken In many cases, this may mean data relating to the same species taken at the same locations in each of the four seasons of the year and then a fifth sampling to check the first season for any substantial change that may have occurred in that species during the year of observation

The impacts on biota are of considerable importance in a NEPA document because they may affect the entire food chain In case of water, effects start with

plankton or benthic organisms, goes through fish, and thence to man The food chain involving vegetation and animals may follow a similar procedure, so that toxic chem-icals that are taken up by small organisms may ultimately become concentrated in man and in some of the higher animals, for example, bald eagles

In general, the approach to biology in an EIS, starting with an assessment of the existing conditions and then determining what the project impacts will be, includes the following:

• Assess existing literature and information concerning the organisms and environment in the study area and surrounding region

• Determine the need for field studies

• Design a qualitative and/or quantitative field sampling program, if needed

• Evaluate the predicted primary and secondary impacts of the proposed project and alternatives based on the examination of all available data For many projects, data are readily available that can be used to describe the existing baseline conditions Such information is normally acquired from the follow-ing sources:

• U.S Fish and Wildlife Service

• USDA Natural Resources Conservation Service

• U.S Army Corps of Engineers

• EPA

• State departments of natural resources

• Colleges and universities

• Interest groups (Audubon Society, Nature Conservancy, etc.)

• Contacts with federal, state and local officials

Where additional information is necessary, aquatic and terrestrial field surveys are conducted as described below

6.3 TERRESTRIAL BIOTA

The methodologies for assessing impacts to terrestrial biological resources from most types of development projects (power generation facilities utilizing coal or other fos-sil fuels, pulp and paper mills, hydroelectric facilities, chemical plants, refineries, waste treatment facilities, etc.) are similar Existing information must be collected and reviewed to establish if sufficient data are available to be presented in a form suit-able for the evaluation of impacts If adequate baseline information is availsuit-able in-house or from other suitable information sources, existing conditions can be characterized and potential effects from proposed project activities on the biological resources can be discussed in a timely manner

The analysis presents discussions of major terrestrial communities, including important species and their roles and functions in the system Detailed species lists of flora and fauna are referenced or appended The EIS authors also should consult with

state and federal fish and wildlife agencies to determine the possible presence and locations of rare and endangered or threatened plant and/or animal species, to esti-mate project effects on sensitive habitats such as wetlands or other sensitive natural features, and to identify the types and timing of effective measures to minimize adverse impacts Section 7 coordination with the U.S Fish and Wildlife Service and Section 404 wetland determinations with the Army Corps of Engineers are often important factors in these evaluations

If adequate data are not available, the deficiencies are identified and a determi-nation is made as to what additional information is necessary The following sections outline typical methods for identification of key issues, characterization of existing resource conditions, and evaluation of impacts related to terrestrial biota

6.3.1 U PLAND P LANT C OMMUNITIES

If no recent vegetation map is available, vegetation of the project region is mapped

by the interpretation of aerial photographs and/or by field inspections

A narrative description is prepared for each type of major plant community The appearance and structures of the community are described and a list of dominant plant species in each layer of the vegetation is presented The successional status of each community is identified The analysis focuses on the relative suitability or unsuitability for development of different sections of the project region insofar as vegetation is concerned Any areas supporting endangered or otherwise unique plants are described and located on a map

Based on the information described previously, an evaluation can be made of the impacts of the proposed industrial facility

At the conclusion of the identification phase, the following sensitive types are depicted graphically and discussed:

• Areas where endangered and threatened plants may occur

• Wetlands (Army Corps of Engineers designated and nondesignated)

• Coastal zone area (where applicable)

• Remnant and relict botanical areas

6.3.2 B OTTOMLAND /W ETLAND P LANT C OMMUNITIES

There are four federal agencies with jurisdictional interest in wetlands They are the Army Corps of Engineers, the EPA, the Fish and Wildlife Service, and the Natural Resources Conservation Service Definitions of wetlands have been developed by each agency The Fish and Wildlife Service’s definition encompasses both vegetated and nonvegetated areas; definitions for the other agencies include only areas that are vegetated under normal circumstances All definitions have three basic elements for identifying wetlands: they are hydrology, vegetation, and soil characteristics Basically, the Fish and Wildlife Service’s definition includes mud flats, sand flats, rocky shores, gravel beaches, and sand bars The Natural Resources Conservation Service emphasizes a predominance of hydric soils in the wetlands definition

If existing wetlands data are inadequate or conflicting, the group doing the EIS should examine aerial photographs and conduct field checks to further define their extent and nature Exact sites for proposed construction activities undergo additional field examination to ensure that wetlands are subjected to minimal alteration or none

at all

Plant communities in wetlands can be affected directly and indirectly during the construction phase of a project Furthermore, severe impacts can result from con-struction activities on adjacent lands if erosion and subsequent runoff damage the quality of the wetland area irreversibly

Secondary impacts can result from the proximity of induced development to the wetland area Impacts caused by urban/industrial nonpoint runoff or additional per-sons utilizing the area can disturb or essentially destroy vegetation in wetland areas The loss of wetland areas could also impact the quality and quantity of surface water and groundwater

Impacts of multiple projects on wetlands are critical The removal of such land

is almost irreversible Consequently, many coastal states have placed severe limita-tions on projects that will use up wetlands, whether or not newly created ones are offered in trade

6.4 WILDLIFE

Amphibians, reptiles, birds, and mammals normally are included in an existing con-ditions inventory for a NEPA study In some instances, insects, soil organisms, or other terrestrial life forms also are considered

An inventory can be performed at different levels of detail, depending on the availability of previously collected and/or published information; the recognition of

a significant environmental component, such as the presence of an endangered species and critical habitat for such a species; funding or time restrictions; and other factors In general, the inventory begins with a review of available literature to obtain descriptions of the project area and of the important species that may inhabit or use the area Parks or wildlife refuges located in or near the project area also are noted The major sources consulted for such information include in-house reference materials; computerized information bases; public, private, college, university, and museum libraries; federal, state, regional, county, and local agency files and publica-tions; state academies of science; park managers and area game biologists; local arboreta, nature centers, zoological societies, state or national Audubon chapters and environmental groups; biology departments at nearby colleges or universities; and local citizens knowledgeable about wildlife populations, such as hunters, trappers, and birders Many government publications are available for use in depository libraries Masters’ theses usually can be obtained by standard interlibrary loan pro-cedures, and doctoral dissertations can be purchased in hardcover or on microfilm from several sources

The first step in the impact evaluation process is identification of endangered and threatened species that may be present in the project area Lists of designated or pro-posed species are obtained from the U.S Department of the Interior, Fish and