However, some clients require an abbreviated review of special resources and the probability for impact on their property, especially if they are hoping to develop it.. 2 Environmental S
Trang 1Chapter
Special Resources
Introduction
“Special resources” refers to a broad category of items that make the property
and/or buildings unique The property may be the habitat for an endangered
reptile, or a building may have been the childhood home of a former presi‑
dent It may be a special habitat for migrating birds, or it may have unique
aesthetic qualities Many of these resources are protected Thus, land devel‑
opment is restricted by law These restrictions could impact the plans for
property development and defuse the developer’s intended use for the land
A special resources query is not typically required for a Phase I envi‑
ronmental site assessment Many of the components are often included in
a separate assessment, commonly referred to as an environmental impact
statement (e.g., impact on an endangered species) However, some clients
require an abbreviated review of special resources and the probability for
impact on their property, especially if they are hoping to develop it This
generally applies to undeveloped land only
Although the impact of special resources is not as potentially costly, they
can affect plans and potentially precipitate criminal or civil lawsuits An
investigator who is aware of the components and their potential impact will
be better able to assist a client’s decision‑making process when discussing
the scope of work, if the client plans to develop the property
With the aid of local agencies, the investigator can generally identify
potential areas of concern These agencies include the local planning depart‑
ment, the U.S Army Corps of Engineers, the EPA, or any of the state or local
regulatory arms for the EPA
A more in‑depth review of special resources may require a specialist For
example, the identification and quantification of the impact on the northern
spotted owl will require the services of a biologist or an ornithologist The
investigator discovers the probability for an impact The specialist clarifies
and defines it
The topics discussed in this chapter are some of the more prevalent issues
speculated on in Phase I site assessments My intent is to introduce them, not
to detail particulars
© 2008 by Taylor & Francis Group, LLC
Trang 22 Environmental Site Assessment Phase I
As of 1991, more than six hundred mammals, birds, reptiles, fish, mollusks,
plants, and other life forms native to the United States were officially pro‑
tected as endangered or threatened An “endangered” species is one that is
in danger of extinction throughout all or a significant portion of its range A
“threatened” species is one that is likely to become endangered within the
foreseeable future Both are protected
The Federal Endangered Species Act was passed into law in 1973 The
purpose of this act was to protect certain species of plants, fish, and wildlife
that are in danger of becoming extinct and to conserve the ecosystems on
which these species depend The Act specifically prohibits the taking of any
species listed by the federal government
The term “taking,” originally defined as harm or harassment of individ‑
uals of a protected species, has been broadened to include the prohibition of
acts or activities that may harm the species indirectly by adversely affecting
its habitat The U.S Fish and Wildlife Service, a division of the Department
of the Interior, is charged with its enforcement
The initial step to comply with the Endangered Species Act is to deter‑
mine whether or not habitat for the species exists on the property The Fish
and Wildlife Service publishes habitat descriptions; if after reading them the
investigator is reasonably certain this is not an issue for the property, plans
may proceed without further delay If, on the other hand, the investigator is
uncertain, the Fish and Wildlife Service or a qualified biologist may be con‑
sulted (See Figures 11.1 and 11.2.)
The U.S Fish and Wildlife Service can determine whether habitat for an
endangered species exists on the property To do so, however, they require
the following documentation:
Map showing the location of the property
Size of the property
Description of the area’s vegetation
Recent aerial photograph, if available
Ground photographs of the project area, if available
Brief description of the planned activity
Requesting party’s address and telephone number
The habitat review may take six to eight weeks Some reviews require a
site visit, but the requesting party will be notified if that is necessary Other
wildlife will require an on‑site survey by a U.S Fish and Wildlife biologist or
a private consultant versed in the subject
If habitat is found on the property, the easiest direction is to prevent devel‑
opment or other use of the land However, the Act does provide some flex‑
ibility in regulating the “incidental taking” of a listed species An incidental
take is a taking of the species that is the result of an otherwise lawful activity
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The take must not be the intended purpose of the action Hence, the U.S Fish
and Wildlife Service may issue permits to individual property owners or
regional entities for the incidental taking of a federally listed species A habi‑
tat conservation plan must be developed and approved before such a permit
can be issued The habitat conservation plan must specify:
The impact likely to result from the proposed incidental taking
The steps that would be taken to monitor, minimize, and mitigate such
impacts, and the funding available to implement such steps
Alternative actions to the incidental taking that were considered and
the reasons such alternatives are not being utilized
Any other measures the U.S Fish and Wildlife Service may deem nec‑
essary or appropriate
Although it is possible to prepare such a plan for an individual tract of
land, the process can be expensive and time consuming Very few potential
buyers opt to go this route A buyer with plans to develop the land may
decide to look elsewhere
Those who violate the Endangered Species Act face civil and criminal
penalties Individual violators may be fined up to $100,000 and/or sentenced
to a year in jail, and organizations may be fined up to $200,000
The distinguishing difference between endangered species and critical and
unique habitat is coverage Whereas endangered species includes import
and export concerns and a consideration for the actual endangerment of
the species, the critical and unique habitat is directed toward protecting the
environmental setting that is conducive to the survival of a species
Recovery of an endangered species requires stopping and reversing its
decline and then ensuring its long‑term survival in nature This generally
requires habitat protection, research, captive breeding and reintroduction,
or special wildlife and habitat management techniques
For example, the American bald eagle population was estimated to be
fewer than four hundred nesting pairs in the 1960s Protection of habitat,
along with stricter law enforcement, reintroduction, public education, and a
ban on the use of DDT in the United States reversed the dwindling numbers
In 1991, more than three thousand nesting pairs were counted
Another example is the whooping crane, which in the late 1940s was
reduced to fewer than twenty birds in the whole world However, a captive
breeding flock has been managed since 1967, and the total number of whoop‑
ing cranes currently exceeds two hundred The natural habitat for the crane
is grassy marshlands and bogs, which had been replaced with croplands and
cities Although an attempt had been made to protect the whooping crane’s
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© 2008 by Taylor & Francis Group, LLC
Trang 4(Terscheck ex Walp.) Haage f var albertii
L Benson
Neolloydia mariposensis (Hester) L Benson
Coryphantha minima Baird
Echinocereus fendleri (Engelm.) F Seitz var kuenzleri (Castetter,
Pierce & Schwerin) L Benson
Ancistrocactus tobuschii (W.T Marsh.) W.T Marsh ex Backeberg
© 2008 by Taylor & Francis Group, LLC
Trang 5Figure 11.1 Threatened/endangered plant list for Texas (Source: Texas Parks and Wildlife, January 31, 1992.)
Coryphantha sneedii (Britt & Rose) Berger
Styrax texanus Cory
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Trang 6222 Environmental Site Assessment Phase I
Species Groups: Mammals
Listing Status: Endangered, Threatened, Emergency Listing (Threatened), Emergency Listing
(Endangered),Similarity of Appearance (Endangered), Similarity of Appearance (Threatened)
Listed in the US
Species Report Inverted Common
Listing Status
Bat, Hawaiian hoary Lasiurus cinereus
Bat, lesser long-nosed Leptonycteris curasoae yerbabuenae - E
Bat, Mariana fruit
(=Mariana flying fox)
Pteropus mariannus
Bat, Mexican
Bat, Ozark big-eared Corynorhinus (=Plecotus)
Bat, Virginia big-eared Corynorhinus (=Plecotus)
Bear, American black Ursus americanus U.S.A (LA, all counties; MS, TX, only within the historic county range of the Louisiana black
bear)
SAT
Bear, grizzly Ursus arctos horribilis U.S.A., conterminous (lower 48) States, exceptwhere listed as an experimental population or
delisted
T
Bear, Louisiana black Ursus americanus
Caribou, woodland Rangifer tarandus
caribou
U.S.A (ID, WA), Canada (that part of S.E.
British Columbia bounded by the U.S.-Can.
border, Columbia R., Kootenay R., Kootenay L., and Kootenai R.)
E
Deer, Columbian
white-tailed
Odocoileus virginianus leucurus
Columbia River (Clark, Cowliz, Pacific, Skamania, and Wahkiakum Counties, WA., and Clatsop, Columbia, and Multnomah Counties, OR.)
E
Deer, key Odocoileus virginianus
Ferret, black-footed Mustela nigripes Entire, except where listed as an experimental population below E
Figure 11.2 Threatened/endangered animal list for Texas Note that the list has
global, state, and federal status for each entry (Source: Texas Parks and Wildlife, Jan‑
© 2008 by Taylor & Francis Group, LLC
Trang 7Special Resources 223
Fox, San Miguel
Fox, Santa Catalina
Island
Urocyon littoralis
Fox, Santa Cruz
Island
Urocyon littoralis
Fox, Santa Rosa
Island Urocyon littoralis
Jaguarundi, Gulf
Coast
Herpailurus (=Felis)
Jaguarundi, Sinaloan Herpailurus (=Felis)
Kangaroo rat, Fresno Dipodomys nitratoides
Kangaroo rat, Morro
Bay
Dipodomys heermanni
Kangaroo rat, San
Bernardino Merriam's
Dipodomys merriami
Kangaroo rat,
Stephens' Dipodomys stephensi
Kangaroo rat, Tipton Dipodomys nitratoides
Lynx, Canada Lynx canadensis U.S.A (CO, ID, ME, MI, MN, MT, NH, NY, OR, UT, VT, WA, WI, WY) T
Mountain beaver,
Mouse, Alabama
beach
Peromyscus polionotus
Mouse, Anastasia
Island beach Peromyscus polionotus
Mouse,
Choctawhatchee
beach
Peromyscus polionotus
Mouse, Key Largo
cotton
Peromyscus gossypinus
Mouse, Pacific pocket Perognathus
Figure 11.2—Continued.
© 2008 by Taylor & Francis Group, LLC
Trang 822 Environmental Site Assessment Phase I
beach trissyllepsis
Mouse, Preble's
Mouse, salt marsh
harvest
Reithrodontomys
Mouse, southeastern
beach
Peromyscus polionotus
Mouse, St Andrew
beach Peromyscus polionotus
Ocelot Leopardus (=Felis)
Otter, Northern Sea Enhydra lutris kenyoni southwest Alaska DPS (Aleutian Islands, AlaskaPeninsula coast, and Kodiak Archipelago) T
Otter, southern sea Enhydra lutris nereis Entire, except where listed below T
Panther, Florida Puma (=Felis) concolor
Pronghorn, Sonoran Antilocapra americana
Puma (=cougar),
eastern
Puma (=Felis) concolor
Puma (=mountain lion) Puma (=Felis) concolor
Rabbit, Lower Keys
marsh
Sylvilagus palustris
Rabbit, pygmy Brachylagus idahoensis Columbia Basin DPS E
Rabbit, riparian brush Sylvilagus bachmani
Rice rat Oryzomys palustris
Sea-lion, Steller Eumetopias jubatus Entire, except the population segment west of1440 W Long T
Sea-lion, Steller Eumetopias jubatus Population segment west of 1440 W Long E
Sheep, bighorn Ovis canadensis U.S.A (CA) Peninsular Ranges E
Sheep, Sierra Nevada
bighorn
Ovis canadensis
Figure 11.2—Continued.
© 2008 by Taylor & Francis Group, LLC
Trang 9Special Resources 22
Lake ornate
Squirrel, Carolina
northern flying
Glaucomys sabrinus
Squirrel, Delmarva
Peninsula fox Sciurus niger cinereus Entire population, except Assawoman Wildlife Area in Sussex Co., DE E
Squirrel, Mount
Graham red
Tamiasciurus hudsonicus
Squirrel, northern
Idaho ground
Spermophilus brunneus
Squirrel, Virginia
northern flying
Glaucomys sabrinus
Vole, Amargosa Microtus californicus
Vole, Florida salt
marsh
Microtus pennsylvanicus
Vole, Hualapai
Mexican
Microtus mexicanus
Whale, right Balaena glacialis (incl.
Whale, sperm Physeter catodon
Wolf, gray Canis lupus U.S.A., conterminous (lower 48) States, exceptMN and where listed as an experimental
population; Mexico
E
Wolf, red Canis rufus Entire, except where listed as experimental populations below E
Woodrat, riparian
Figure 11.2—Continued.
© 2008 by Taylor & Francis Group, LLC
Trang 10wintering grounds along the gulf coast of Texas in the late 1960s, the nesting
grounds also needed protection
The National Historic Preservation Act of 1966 established the legal and
administrative context within which local historic preservation commissions
relate to, and participate in, the nation’s historic preservation program The
enactment was in response to public concern that many historic resources
were not receiving adequate attention
Section 106 of the National Historic Preservation Act requires that federal
agencies consider what effects their actions—and actions they may assist,
permit, or license—may have on historic properties, and that they give the
Advisory Council on Historic Preservation a “reasonable opportunity to
comment” on such actions The Advisory Council is an independent federal
agency Its role in the review process is to encourage agencies to consider
and, when feasible, adopt measures that will preserve historic properties
They do not have the authority to require agencies to halt or abandon proj‑
ects, but they work in association with local and state governments to iden‑
tify and agree on ways to protect the properties of historic significance.8
The Tax Reform Act of 1986 permits the owners of historic buildings to
receive a 20% income tax credit on the cost of rehabilitating industrial, com‑
mercial, or residential properties The intent was to preserve the most impor‑
tant vestiges of our national heritage.9
A nationally certified historic structure is one of the following:
A structure individually listed in the National Register of Historic Places
A structure certified by the National Park Service as contributing to a
registered district
The National Historic Preservation Act defines historic property as “any
prehistoric or historic district, site, building, structure, or object, included
in, or eligible for, inclusion in the National Register.” Properties may be
nominated for inclusion under one of five categories: district, site, building,
structure, or object Archaeological resources may fall under “sites.” (See Fig‑
ures 11.3 and 11.4.)
A National Register designation does not require that the owner provide
public access, obligate the owner to maintain the property, or impose restric‑
tions regarding alterations or renovations to the property—unless either
grant assistance or federal tax credits have been involved It is up to the state
and local governments to assess the property
State and local governments also register properties for their area of cover‑
age The state historic preservation agency provides further guidance for area
nominations The requirements for listing a property and the incentives vary
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© 2008 by Taylor & Francis Group, LLC