WETLAND DELINEATION REPORT FOR THE WARSAW WAL-MART SITE TOWN OF WARSAW, WYOMING COUNTY, NEW YORK. Prepared for:

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1 WETLAND DELINEATION REPORT FOR THE WARSAW WAL-MART SITE TOWN OF WARSAW, WYOMING COUNTY, NEW YORK Prepared for: BERGMANN ASSOCIATES, P.C. 28 East Main Street 200 First Federal Plaza Rochester, New York Prepared by: TERRESTRIAL ENVIRONMENTAL SPECIALISTS, INC. 23 County Route 6, Suite A Phoenix, New York December 2008

2 TABLE OF CONTENTS 1.0 INTRODUCTION AGENCY CONTACTS BACKGROUND INFORMATION REVIEW METHODS RESULTS Endangered and Threatened Species Site Description Site Ecology Wetlands Descriptions SUMMARY REFERENCES... 8 Page APPENDIX A - Correspondence APPENDIX B - Photographs APPENDIX C - Field Data Sheets

3 LIST OF FIGURES (all figures follow text) Figure 1. Figure 2. Figure 3. Figure 4. Figure 5. Figure 6. Figure 7. Figure 8. Figure 9. Site Location NYS Freshwater Wetlands Map National Wetlands Inventory Map Soil Survey Map Stream Classification Map Flood Insurance Rate Map Aerial Photograph of Site Wetland Location Map Wetland Boundaries with Sample Plot and Photograph Locations

4 1.0 INTRODUCTION Terrestrial Environmental Specialists, Inc. (TES) was contracted by Bergmann Associates, P.C. to perform a wetland investigation on a property in the Town of Warsaw, Wyoming County, New York. The study area is approximately 27 acres in size and is located west of NYS Route 19 and east of Oatka Creek. A Wal-Mart store expansion is proposed at the site. The TES wetland investigation consisted of a review of available background information and a field delineation of wetlands and other regulated waters. This report addresses the results of the background information review and the wetland delineation. A variety of figures are included with this report, along with photographs and field data sheets. 2.0 AGENCY CONTACTS Conditions of wetland permitting and the State Environmental Quality Review (SEQR) require that endangered and threatened species be addressed. TES contacted the U.S. Fish and Wildlife Service (USFWS) and the New York Natural Heritage Program (NHP) regarding the known occurrences of federal and state-listed species on the site. Contact letters sent to these agencies are provided in Appendix A. 3.0 BACKGROUND INFORMATION REVIEW Prior to the field investigation at the site, TES assembled and reviewed available background information. This information included: the New York State Department of Transportation (NYSDOT) Topographic map (Dale and Wyoming quadrangles) (Figure 1); the New York State Department of Environmental Conservation (NYSDEC) New York State Freshwater Wetlands map (Figure 2); the USFWS National Wetlands Inventory (NWI) map (Figure 3); the U.S. Soil Conservation Service (USSCS) Soil Survey map (Figure 4); the New York State Stream Classification Map (Figure 5); the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (Figure 6); and the 2005 aerial photograph obtained from the New York State GIS Clearinghouse (Figure 7). All figures are provided after the text. 4.0 METHODS The agency resource information maps, soils descriptions, and the aerial photograph discussed above were used during the field review of the site. These maps and information assisted in the initial identification of potential wetland areas. 1

5 TES performed a preliminary site review for Bergmann Associates, P.C. on August 31, 2006 and identified potential wetlands and other water resources. Flagging of the wetlands on the site and data collection along the boundaries were performed by TES on November 2, 2006, April 13, 2007, and July 2, The boundaries were delineated using the federal criteria for vegetation, soils, and hydrology (Environmental Laboratory 1987, Reed 1988, and USSCS 1989). Surveyor s ribbons were placed along the wetland boundaries based on observations of vegetation, soils, and hydrology conditions. These observations were made along transects located perpendicular to the wetland boundaries. Additional observations of vegetation, soils, and hydrology were made at intermediate locations between the transects for the placement of additional flagging. Each wetland flag was labeled with a letter identifier of the wetland and was numbered consecutively (for example, A-1, A-2, A-3, etc.). Bergmann Associates, P.C. surveyed the flagged wetland boundaries. To further support the wetland boundaries, data on vegetation, soils, and hydrology were collected during the field effort in plots along transects located perpendicular to the wetland boundaries on the site. TES sampled 11 plots in and around the wetlands and in other representative areas of the site. Plots were generally located on the wetland and upland sides of the flagged wetland boundaries. The plot data was recorded on data sheets similar to those used in the federal manual (Environmental Laboratory 1987). Vegetation data were collected in all the plots. Ocular estimates of the percent areal cover by plant species for each vegetation layer (tree, shrub, and herbaceous layers) were recorded. The plots varied in size by vegetation layer being sampled. The sizes were 30-foot diameter for the trees, 10-foot diameter for the shrubs, and 5-foot diameter for the herbaceous layer. The presence of wetland vegetation was determined when more than 50 percent of the dominant species in a sample plot had an indicator status of obligate (OBL), facultative-wet (FACW), or facultative (FAC+, FAC), excluding FAC-. The dominant species for each layer in a plot were determined by ranking the species in decreasing order of percent cover and recording those species which, when cumulatively totaled, immediately exceeded 50 percent of the total cover of that layer. Additionally, any plant species that comprised 20 percent or more of the total cover for each layer was considered to be a dominant species. Scientific nomenclature for plant species follows A Checklist of New York State Plants (Mitchell and Tucker 1997). The indicator status for each dominant plant species was determined using the National List of Plants that Occur in Wetlands: Northeast (Region 1) (Reed 1988) and the 1995 Supplement To the List Of Plant Species That Occur In Wetlands: Northeast (Region 1) (Tiner et al. 1995). For any species not included in the list, the indicator status was designated using the Manual of Vascular Plants of Northeastern United States and Adjacent Canada (Gleason and Cronquist 1991), New Britton and Brown Illustrated Flora (Gleason 1952), and Gray's Manual of Botany (Fernald 1950). 2

6 Soil and hydrology data were collected in soil pits or soil borer holes to a minimum depth of 20 inches within each sample plot. Soil characteristics were noted along the soil profile at the depth specified by the Corps criteria (Environmental Laboratory 1987). Procedures for identifying hydric soils as outlined in the Field Indicators of Hydric Soils in the United States (USDA NRCS 1995) were also followed. Soil colors were determined by using the Munsell color chart. Primary and secondary indicators of hydrology were also noted at each sample plot. The wetland boundaries were refined on the basis of intermediate soil borer holes along each transect. 5.0 RESULTS site. The following section of the report provides results of the work performed by TES for the 5.1 Endangered and Threatened Species The NHP responded to the TES information request and reported We have no records of known occurrences of rare or state-listed animals or plants, significant natural communities, or other significant habitats, on or in the immediate vicinity of your site (Appendix A). The USFWS has not responded to the information request. Their website identifies the bald eagle (a delisted species) from Wyoming County (Appendix A). TES did not observe any bald eagles on the site. There were no eagle nests on the site and appropriate habitat for this species is lacking. On January 24, 2007, TES called Mr. Ken Roblee, a wildlife biologist at the NYSDEC Region 9 office, regarding the presence of bald eagle nests in the Town of Warsaw. According to Mr. Roblee, there are no known records of nesting bald eagles in the town. TES did not observe any state-listed endangered or threatened species of animals or plants or significant habitats on the site. No federal-listed endangered species were observed. 5.2 Site Description The NYSDOT topographic map shows the site located west of NYS Route 19 and east of Oatka Creek (Figure 1). Elevations on the site are gently sloping and range from approximately 1,000 feet above mean sea level (amsl) in the eastern portion of the site to approximately 970 feet amsl in the western part of the site. Oatka Creek defines the western site boundary, and a tributary to Oatka Creek occurs in the northern part of the site (Figure 1). Oatka Creek eventually enters the Genesee River near the Village of Scottsville in Monroe County. The NYSDEC New York State Freshwater Wetlands map does not show any stateregulated wetlands on or adjacent to the site (Figure 2). 3

7 According to the USFWS NWI map there is one mapped wetland on the site (Figure 3). This wetland is defined as a riverine, lower perennial, open water/unknown bottom, permanently flooded (RZOWH) wetland (Figure 3). This wetland is located along the Oatka Creek corridor. The USSCS Soil Survey map shows three mapped soil types on the property, which include: Canadice silty clay loam; Herkimer shaly silt loam, 3 to 8 percent slopes; and Teel silt loam (Figure 4). Canadice silty clay loam is recognized as a hydric soil type, and Teel silt loam is a soil with potential hydric inclusions (USSCS 1989). The New York State Stream Classification map shows Oatka Creek and a tributary to Oatka Creek on the site. Both are listed by the NYSDEC as Class C streams with C standards. Since they do not have standards of C(T) (trout) or higher, they are not state-protected waterbodies. The FEMA Flood Insurance Rate Map indicates that much of the western half of the site is located within the 100-year floodplain (Figure 6). The 2005 aerial photograph shows that the site is composed of developed and undeveloped lands (Figure 7). The developed land on the site (existing Wal-Mart store) is located in the eastern and central areas. Undeveloped land exists in the western portion of the site. 5.3 Site Ecology The site consists of developed land, open fields, deciduous forest upland, and wetlands. The developed area includes the Wal-Mart store, parking lot, roads, and lawn. The open field occurs primarily between the Wal-Mart store and Oatka Creek and the tributary to Oatka Creek. These fields were dominated by red fescue (Festuca rubra), Canada goldenrod (Solidago canadensis), comfrey (Symphytum officinale), rough goldenrod (Solidago rugosa), and common teasel (Dipsacus fullonum). Scattered shrubs of tartarian honeysuckle (Lonicera tatarica), multiflora rose (Rosa multiflora), gray dogwood (Cornus foemina ssp. racemosa), and pussy willow (Salix discolor) were also present. Some areas of deciduous forest upland were noted along the stream edges and banks. Common species found in these areas included eastern cottonwood (Populus deltoides), box elder (Acer negundo), black locust (Robinia pseudoacacia), Canada goldenrod, and grape (Vitis labrusca). Three wetlands (Wetlands A, B, and C) were identified on the site during the field visit on November 2, A fourth area (Wetland D), was delineated on April 13, 2007 after Bergmann Associates determined that it is an excavated pond, not a detention pond. TES delineated this pond again on July 2, 2008 These areas are described in detail in the following section of the report. 4

8 5.4 Wetlands Descriptions The four wetlands on the site are referred to as Wetlands A, B, C, and D. The boundaries were flagged by TES with coded surveyor s ribbon using the methods described in the Corps 1987 Wetlands Delineation Manual. The delineated wetland boundaries are shown on Figure 8, and were surveyed by Bergmann Associates, P.C. The on-site wetlands total 6.07 acres. Wetland sample plot and photograph locations are shown on Figure 9. Photographs and field data sheets are provided in Appendix A and Appendix B. Wetland A Wetland A is an approximately 0.25-acre wet meadow located just south of the tributary to Oatka Creek (Figure 8). This wetland receives water from the excavated pond and overflow from Oatka Creek and its tributary. Common plants recorded in Wetland A included fowl bluegrass (Poa palustris), soft rush (Juncus effusus), and green bulrush (Scirpus atrovirens). Hydric soil indicators in Wetland A included soils with low matrix chromas (redoximorphic features). Wetland hydrologic indicators included saturated soils and drainage patterns in wetlands. Water from Wetland A appears to drain periodically into the tributary to Oatka Creek. Therefore, it would be considered a Corps-jurisdictional wetland. Wetland B Wetland B is the area associated with the tributary to Oatka Creek. It is approximately 0.25 acre in size (Figure 8). On the site, approximately 420 linear feet of stream is associated with Wetland B (Figure 9). Wetland B is dominated by deciduous forest wetland along the banks of the stream. Common plants recorded in Wetland B included eastern cottonwood, box elder trees and shrubs, comfrey, garlic mustard (Alliaria petiolata), grape, and trailing nightshade (Solanum dulcamara). An aquic moisture regime was noted as the hydric soil indicator. Wetland hydrologic indicators include inundated and saturated soils, drift lines, and drainage patterns in wetlands. Since water from Wetland B empties into Oatka Creek, it is considered to be a Corpsjurisdictional area. 5

9 Wetland C Wetland C is primarily the low-lying land that borders the east side of Oatka Creek. This area is approximately 3.33 acres in size and includes the creek corridor and edges (Figure 8). On the site, approximately 1,830 linear feet of Oatka Creek is associated with Wetland C (Figure 9). Common plants found in Wetland C included box elder, comfrey, and late goldenrod (Solidago gigantea). Other plants observed included reed canary grass (Phalaris arundinacea), red-osier dogwood (Cornus sericea), Joe-pye-weed (Eupatorium maculatum), and willow (Salix sp.) trees and shrubs. Oatka Creek itself is a water of the U.S. and the wetlands along its edge have a number of wetland soils and hydrologic indicators. Redoximorphic features along with sediment deposits and drainage patterns were recorded. Other indicators observed included aquic moisture regimes, inundated/saturated soils, drift lines, watermarks, and water-stained leaves. Wetland D Wetland D is an approximately 2.24-acre excavated pond located in the northeast portion of the site (Figure 8). This wetland receives water from surface runoff from adjacent lands to the south and east. Common plants recorded in Wetland D included broad-leaf cattail (Typha latifolia), willow, and soft rush. Hydric soil indicators in Wetland D included soils with low matrix chromas and mottles (redoximorphic features). Wetland hydrologic indicators included inundation, water marks, sediment deposits, and water-stained leaves. Water from Wetland D has a hydrologic connection to Wetland A which drains periodically into the tributary to Oatka Creek. Therefore, it would be considered a Corpsjurisdictional wetland. 6.0 SUMMARY Terrestrial Environmental Specialists, Inc. (TES) was contracted by Bergmann Associates, P.C. to perform a wetland investigation on a site located in the Town of Warsaw, Wyoming County, New York. The study area is approximately 27 acres and is located west of NYS Route 19 and east of Oatka Creek. A Wal-Mart store expansion is proposed. TES contacted appropriate state and federal agencies regarding the potential occurrences of endangered and threatened species on the site. No species were reported, and none were observed during field investigations. TES collected and reviewed available background information and maps, including topographic map, wetland maps, soils maps and descriptions, stream classification map, and an 6

10 aerial photograph to locate potential wetlands on the site. There are no mapped state-regulated wetlands on the site. Oatka Creek and one of its tributaries are located on the site. They are classified by the NYSDEC as Class C with C standards and are not state-protected streams. TES delineated wetlands on the site on November 2, 2006, April 13, 2007, and July 2, 2008 using methods described in the U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual. The wetlands were surveyed by Bergmann Associates, P.C. Four wetlands were delineated. They are referred to as Wetland A (0.25 acre), Wetland B (0.25 acre), Wetland C (3.33 acres), and Wetland D (2.24 acres). The four wetlands are associated with a tributary system to navigable waters and total 6.07 acres. Since they are connected to a tributary system to navigable waters, these wetlands are considered to be Corpsjurisdictional areas. 7

11 7.0 REFERENCES Environmental Laboratory Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Fernald, M. L Gray's Manual of Botany, 8th Edition. American Book Company, New York, NY. Gleason, H. A The New Britton and Brown Illustrated Flora of the United States and Adjacent Canada. Hafner Press, New York, NY (3 vols). Gleason, H. A. and A. Cronquist Manual of Vascular Plants of Northeastern United States and Adjacent Canada. The New York Botanical Garden, Bronx NY. Mitchell, R. S. and G. C. Tucker A Revised Checklist of New York State Plants. The State Education Department, NYS Museum Bulletin No. 490, Albany, NY. Reed, P. B. Jr National List of Plant Species that Occur in Wetlands: Northeast (Region 1). U.S. Fish and Wildlife Service, Biological Report 88 (26.1), St. Petersburg, FL. Tiner, R., R. Lichvar, R. Franzen, C. Rhodes, and W. Sipple Supplement To The List of Plant Species That Occur In Wetlands: Northeast (Region 1), St. Petersburg, FL. USSCS Soil Survey of Wyoming County, New York. U.S.D.A. Soil Conservation Service in Cooperation with Cornell University Agricultural Experiment Station. USSCS Hydric Soils of the State of New York. U.S.D.A. Soil Conservation Service in Cooperation with National Technical Committee for Hydric Soils, Washington, D.C. USDA NRCS Field Indicators of Hydric Soils In the United States. USDA NRCS, Washington, D.C. 8

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21 APPENDIX A Correspondence

22 October 27, 2006 Ms. Jean Petrusiak NYSDEC Wildlife Resources Center-Information Services New York Natural Heritage Program 625 Broadway, 5 th Floor Albany, NY Re: State-listed Endangered/Threatened Species and Significant Habitats Town of Warsaw, Wyoming County, NY TES File No Dear Ms. Petrusiak: Please find enclosed a Data Request Form for significant and state-listed endangered/threatened species for a site located in the Town of Warsaw, Wyoming County, New York. I have also included a NYSDOT topographic map (Dale and Wyoming Quadrangles) with the approximate site location outlined. Please respond in writing regarding the presence of any known occurrences of state-listed (or proposed for listing) endangered/threatened species located within or near the site boundary. If you need additional information or have any questions, please contact me. Thank you. Sincerely, TERRESTRIAL ENVIRONMENTAL SPECIALISTS, INC. Megan Caves Environmental Technician mmc Enclosures

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