Final Draft 101718

Environmental Assessment

Saint Regis Mohawk Tribe Forestry Resources Forest Management Plan/Fire Management Plan

Responsible Federal Agency:

U.S. Bureau of Indian Affairs Eastern Regional Office Branch of Forestry 545 Marriott Drive, Suite 700 Nashville, TN 37214

Prepared by:

Saint Regis Mohawk Tribe Environment Division Forestry Resources 412 State Route 37 Akwesasne, NY 13655

Final Draft 101718

Contents Purpose and Need ...... 1 Purpose ...... 1 Need ...... 1 Alternatives ...... 1 AMA 1, No Action – Maintain Custodial Management Plan and Fire Management Plan ...... 2 AMA 2, Active Forest Management Plan and Concurrent Fire Management Plan update (Preferred Alternative) ...... 2 Alternatives Considered, But Eliminated from Detailed Study ...... 4 Background ...... 5 Historic ...... 5 Location ...... 13 Land ...... 13 Topography ...... 13 Geologic Setting...... 13 Description of the Affected Environment ...... 14 Forest Lands ...... 14 Soils...... 16 Great Lot 28 ...... 28 Map Unit Symbol ...... 28 Map Unit Name...... 28 Acres in AOI ...... 28 Percent of AOI ...... 28 Cka ...... 28 Covington silty clay loam, 0 to 2 percent slopes ...... 28 3.4...... 28 8.3% ...... 28 Cma ...... 28 Covington silty clay loam over till, 0 to 2 percent slopes ...... 28 1.1...... 28 2.7% ...... 28 Gbb ...... 28 Hogansburg and Grenville soils, 0 to 8 percent slopes, very stony ...... 28 28.1...... 28 68.3% ...... 28 Hbb ...... 28 Hogansburg loam, 3 to 8 percent slopes ...... 28 8.5...... 28 20.7% ...... 28 Totals for Area of Interest ...... 28 41.1...... 28 100.0% ...... 28 Water Resources ...... 32 Surface Water...... 32 Surface Water Quality...... 32

Surface Water Use ...... 32 Saint Regis River ...... 33 Raquette River ...... 34 Saint Lawrence River ...... 34 Little Salmon River ...... 34 Surface Water Rights ...... 35 Ground Water...... 35 Ground Water Quality...... 35 Ground Water Use ...... 36 Ground Water Rights ...... 36 Air Quality ...... 36 Ambient Air Quality ...... 36 Achievement ...... 37 Visibility ...... 37 Living Resources ...... 37 Wildlife ...... 37 Terrestrial ...... 37 Aquatic ...... 38 T&E...... 39 Vegetation ...... 39 Ecosystems and Biological Communities ...... 40 Agriculture ...... 41 Cultural Resources ...... 42 Cultural Artifacts ...... 42 Religious Properties ...... 42 Archaeological Resources ...... 42 Socioeconomic Conditions ...... 43 Employment and Income ...... 43 Demographic Trends ...... 43 Lifestyle and Cultural Values ...... 44 Resource Use Patterns...... 44 Agriculture ...... 44 Hunting, Fishing, Gathering ...... 45 Timber Harvesting ...... 45 Recreation ...... 45 Land Use Plans ...... 45 Other Values ...... 45 Environmental Consequences ...... 46 Forest Lands ...... 46 Soils...... 49 Water Resources ...... 50 Air Quality ...... 51 Wildlife, Ecosystems and Biological Communities ...... 51 Terrestrial ...... 53 Aquatic ...... 54 Threatened & Endangered (T&E) Species ...... 54

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Vegetation ...... 56 Agriculture ...... 57 Cultural and Archaeological Resources ...... 57 Religious Properties ...... 57 Socioeconomic Conditions ...... 58 Employment and Income ...... 58 Demographic Trends ...... 58 Lifestyle and Cultural Values ...... 59 Community Infrastructure ...... 59 Public Service ...... 59 Solid Waste ...... 59 Utilities ...... 59 Electrical ...... 59 Telecommunications ...... 60 Resource Use Patterns...... 60 Hunting, Fishing and Gathering ...... 60 Timber Harvesting ...... 60 Agriculture ...... 61 Recreation ...... 61 Land Use Plans ...... 62 Human Impacts Checklist ...... 62 Cumulative Effects...... 62 Disproportionate Effects ...... 65 Environmental Justice ...... 65 Mitigation Measures ...... 65 Natural Resources Protection ...... 67 Cultural Resources ...... 67 Mitigation of Disproportionate Effects ...... 69 Consultation and Coordination ...... 70 Consultation ...... 70 Coordination ...... 70 List of Preparers ...... 70 Attachments ...... 71

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Final Draft 101718

Purpose and Need

Purpose

The purpose of this Environmental Assessment is to comply with the Tribe’s Mohawk Environmental Review Code (MERC) and with the US Department of the Interior’s requirements for complying with Title I of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347) (NEPA); Section 2 of Executive Order 11514, Protection and Enhancement of Environmental Quality, as amended by Executive Order 11991; Executive Order 12114, Environmental Effects Abroad of Major Federal Actions; and the regulations of the Council on Environmental Quality (CEQ) implementing the procedural provisions of NEPA (40 CFR 1500-1508; identified in this Part 516 as the CEQ Regulations).

Need

The need for performing this Environmental Assessment is to ensure the protection of Tribal resources that could potentially be adversely impacted by the actions undertaken by the modification of the Tribal Forest Custodial Management Plan and converting it to an Active Management Plan and to concurrently update the Fire Management Plan to properly reflect prescribed fires to be utilized in invasive species management activities. Significant threats from forest insect pests, invasive plant species and the acquisition of lands in to trust also justify the need for a plan update and modification. The process of conducting an Environmental Assessment will also ensure public notification and opportunities for comments related to the development of the Saint Regis Mohawk Tribe, Forest Management Plan.

Essentially, the Custodial Plan allows for the prosecution of trespass, monitoring of insect and disease populations, emergency fire rehabilitation and free use harvest of minor forest products, including timber, by tribal members. The custodial plan doesn't allow activities such as prescribed fire or the commercial harvest of forest products. The FiMP doesn’t accommodate the use of prescribed fires. The FMP satisfies 25 CFR 163.11 and the legal requirements in P.L. 101-630 (53IAM 2.4) which states that “an appropriate forest management plan shall be prepared and revised as needed for all Indian forest lands.”

Alternatives

The Saint Regis Mohawk Tribe, in the previous development of a Custodial Plan utilized its Integrated Resource Management Plan (IRMP) management alternatives, Alternative Management Approaches (AMA), for reservation resources include forest resources. For the purpose of this modification the Tribe will consider AMA’s specific to this proposed action.

AMA 1 - No Action, Maintain Custodial Management Plan and Update Fire Management Plan, AMA 2- Active Management Plan/Concurrent Revision of Fire Management and, Alternatives Considered, but Eliminated from Detailed Study.

AMA 1, No Action – Maintain Custodial Management Plan and Fire Management Plan – No Action means that the Custodial Plan and the Fire Management Plan will not be modified and will continue to be implemented without change, in such case there will continue to be no forest management planning activities including the use of prescribed fire. Tribal land acquisitions will be excluded from forest management planning and fire management planning activities. The utilization of fire as a resource management tool is not an option that is available. EAB management options involving the forest silviculture practices will not be available.

A Custodial Forest Management Plan includes activities that are implemented to ensure the long-term health and viability of the Tribe’s forests. They include: • Suppression of wildfires • Emergency fire stabilization and rehabilitation activities • Protection of the forest from insect and disease outbreaks • Protection from and prosecution of timber and fire trespass • Free use harvest of minor forest products without a permit by Tribal members

Under the custodial management plan and current Fire Management Plan, commercial timber harvest, use of prescribed fire, and forest development activities are not permitted respectively. There is no planned harvest of forest products with a Custodial Plan.

AMA 2, Active Forest Management Plan and Concurrent Fire Management Plan update (Preferred Alternative)

Under an Active Management Plan, commercial timber harvest (although none are being planned) and planned harvest of forest products, use of prescribed fire, and forest development activities will be permitted. The use of prescribed fire, an essential tool in forest management, is an important tool in an active plan that the Tribe plans on utilizing. There is a need to concurrently update the Tribe’s Fire Management Plan since they are interdependent. Additionally, Tribal acquisitions will be incorporated into forest management planning where lands contain forested areas and where invasive plant species are found to impact tribal natural resources.

Active Management Plan – An Active Management Plan provides for the regulation and operation of Indian forest land in a sustainable manner that meets the objectives of the Tribe as well as the requirements and standards established by the National Indian Forest Resources Management Act and 25 CFR, Part 163.

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Under an Active Management Plan harvest of forest products from Indian forest land will be accomplished using sound silvicultural principles of sustained yield management1. Forest management activities, including harvest, regeneration, thinning and the use of silvicultural treatments to restore or increase growth and yield to full productive capacity. These activities will be based on sound economic and silvicultural and other forest management principles that have been prescribed.

The primary reasons the Tribe proposes an Active Management Plan are because: • The imminent threat to ash resources by the Emerald Ash Borer (EAB) requires site treatments on a broad scale • The management of invasive plant species to forest resources requires the utilization of prescribed fire for treatment • Incorporate recent land acquisitions in the plans

Activities under an Active Management Plan include all activities under a custodial plan: • Suppression of wildfires • Emergency fire stabilization and rehabilitation activities • Monitoring of forest insect and disease populations • Protection from and prosecution of timber and fire trespass • Free use harvest of minor forest products without a permit Tribal members

plus: • Sustainable harvesting of forest products • Forest Development activities

An active plan may include activities described in the Tribes IRMP, Woodlands and Traditional Plants resources, such as Stocking, the replanting of trees and woodlands resources, Outreach and Education and Incentive Programs. As part of an overall management approach replanting, Outreach and Education and creation of an incentive program are all compatible activities that would assist the Tribe with meeting its forest resources goals.

An Active Management Plan will include implementing goals identified under the Tribes Forest Inventory Analysis report.

A concurrent revision to the FiMP will reflect the usage of fire, prescribed fire and fuels management as it is beneficial to the restoration and maintenance of ecological health of tribal lands. This will assist the Tribe with: • Preparing for unplanned fires through the use of prescribed fire and vegetation management

1 25 CFR, Part 163, General Forestry Regulations. 3

• Developing climate change resiliency • Managing invasive species using prescribed fire • Developing tribal capacity to manage prescribed fires

Alternatives Considered, But Eliminated from Detailed Study

The following alternatives were considered but excluded from a detailed study because they can be addressed when the Tribe decides to develop an Active Management Plan.

Incentive Mechanisms – Social and Economic: Outreach and Education, and Technical Assistance. – This option includes a mixture of mechanisms that facilitate management of forest resources where individuals determine their level of involvement. This alternative uses public or private funds or other types of social and/or economic rewards to gain buy-in to a set of management options. The assumption is that National Indian Forest Resources Management Act and 25 CFR, Part 163 policies and regulations still apply.

This option is utilized to accomplish forest resource goals where individuals perceive enough private benefit to be gained to justify costs.

• Social – This approach places information and technical assistance into the hands of resource users with the aim that benefits will be seen and there will be motivation to follow recommended practice. Often individuals need to learn about various management options, identify their goals and decide on personal benefit. The rewards in this case are social acknowledgement systems that provide societal distinction for involvement in a management program. • Economic –This approach similarly provides education and outreach and technical assistance but also provides some economic incentive. The incentive may be credits or payments in an established trading markets such as carbon sequestration, grants, stewardship payments, or subsidies (e.g. USDA-EQIP).

Forest Owner’s Cooperative: The concept of a Forest Owner’s Cooperative (COOP) is based on the knowledge that although the Saint Regis Mohawk Reservation is restricted land and that Tribal members retain a use and occupancy of the land where they live, forest management goals can be accomplished through non-regulatory strategies.

The US Government recognizes that nationally 92% of the nation’s forests are privately held. Through the US Forest Service, Northeastern Area State and Private Forestry (NA) the government has supported efforts to work in partnership with private forest owners to “lead and support sustainable forest management and use across the landscape”2. The NA utilizes principles of using the correct tools and skills to provide effective public service; involvement of the American population as a whole to sustain conservation

2 Northeastern Area State and Private Forestry. Strategic Plan Update for Fiscal Years 2008-2012. 4

ethics, and; promoting public support through credibility and trust with partners, cooperators and stakeholders, to accomplish its goals.

COOPS are organizations that are formed to benefit forest owners by ensuring that all links of a supply chain are in place and functioning. The common bond between cooperators is achieving economy of scale and undertaking projects that are not possible as individual owners. COOPS are typically member controlled.

Because the reservation is in restricted status and the National Indian Forest Resources Management Act and 25 CFR, Part 163 and their requirements are applicable they would be considered as part of the “supply chain” that needs to be in place and functioning. The implications of this are that a “plan” needs to be in place that is consistent with federal policies and regulations governing Indian forest resources as well as Tribal forest management goals but additionally including individual landowner’s goals. A cooperative may be particularly useful where timber stands include acreages under control of more than one individual.

Background

Historic

Experts have identified six stages of Native American cultural history for the Lake Ontario-Saint Lawrence river area. They are Paleo-Indian (10,000-6,000 B.C.); Archaic (to 1,500 B.C.); Transitional (to 1,000 B.C.); Woodland (to European contact); Early Contact (to American Revolution); and Reservation (to present).3

The Mohawk are traditionally the keepers of the Eastern Door of the Iroquois Confederacy, also known as the Six Nations Confederacy or the Haudenosaunee Confederacy. Our original homeland is the north eastern region of New York State extending into southern Canada and Vermont. Prior to contact with Europeans the Mohawk settlements populated the Mohawk Valley of New York State. Through the centuries Mohawk influence extended far beyond their territory and was felt by the Dutch who settled on the Hudson River and in Manhattan. The Mohawks’ location as the Iroquois nation closest to Albany and Montreal, and the fur traders there, gave them considerable influence among the other Tribes. This location has also contributed directly to a long and beautifully complicated history.

In the 1750s, to relieve crowding at Kahnawake and to move closer to the Iroquois homeland, the French Jesuits established a mission at the present site on the Saint Regis River. The Mohawk people had continually used this site at the

3 Stage I-A Cultural Resource Survey (Literature Search Phase), St. Regis Mohawk Reservation and Hamlet of Hogansburg, Franklin County, New York. Materials Investigation, Inc. 698 Stevens Street, Utica, NY. February 1992. 5

confluence of the Saint Lawrence River Valley as part of our fishing and hunting grounds prior to the building of the first church. “Akwesasne” as it is known today, translates roughly to “Land where the partridge drums” has always been a prime location due to the confluence of several small rivers and the Saint Lawrence River. The Catholic Church records date back to the late 1600’s. Oral history states the church was built on traditional ceremonial grounds.

The community became more populated as Mohawks left the Mohawk Valley under distressed conditions in the mid 1700’s. In 1759 a band of Abenakis sought refuge with the Mohawk people during the French and Indian War, with some remaining behind after their party returned to their own village. In addition, also as a result of the dislocation caused by the war, a number of refugees from the Oswegatchie Mission (near present day Ogdensburg, NY) settled at Saint Regis. After this immigration, the culture at Saint Regis stayed predominately Mohawk. In 1796 the Seven Nations of Canada, which included Christian Mohawks living in Saint Regis asserted rights to their lands and were eventually confined to a small parcel of land through a treaty signed by representatives of the Seven Nations of Canada and the State of New York. Under the terms of this agreement, a six-square mile tract and some collateral land were reserved for the Mohawks in return for their promise to abandon any further land claims in the State. Subsequent State treaties decreased the size of the reservation and increased an annuity paid to the residents. Today the Mohawk people of Akwesasne still rightfully claim territory outside the confines of the current boundaries of the reservation and exercise guardianship over these lands through National Historic Preservation Act, Section 106 and Environmental Protection Act processes.

In 1888, at a Grand Council of the Six Nations Iroquois Confederacy (Haudenosaunee Confederacy), the Mohawk Nation formally rekindled their fire and responsibilities to the Confederacy as the successor of the descendents of Mohawks who had left the Mohawk Valley a hundred years earlier. The Mohawk people who had maintained their traditional customs and ceremonies restored their place as an “Elder Brother” of the Haudenosaunee. The Confederacy felt it was beneficial to all to remain united, therefore strengthening its position when fighting for Indian rights under treaties previously negotiated with the United States.

After the American War of Independence, the Mohawk people found it necessary to deal with the government of the State of New York. In order to protect themselves and their best interests, the Mohawks decided to select representatives to interact with New York. In the 1930s the Federal Government proposed the Indian Reorganization Act (IRA). Each Tribe was given the opportunity to reject the IRA and the Saint Regis Mohawks did reject the Act of 1935. In 1953, a Federal task force arrived at Saint Regis to prepare termination legislation but the chiefs and Saint Regis people rejected the termination. Despite this, the Bureau of Indian Affairs proposed bill was presented to Congress where it died in committee without serious consideration.

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Administrative termination of Tribes continued throughout the 1950s. In the mid- 1960s, however, the Federal Government was reminded that there had been no official termination of the Federal relationship with the New York State Iroquois. The acknowledgment of the Federal relationship was slow to manifest itself. Following preliminary findings, the leaders of the Iroquois Tribes, including those of the Saint Regis, were invited to Washington to explore the establishment of a viable relationship.

Tribal Government

In 1802, the St Regis Mohawk selected trustees and a clerk at a community meeting held on the reservation. The New York State legislature passed a law recognizing three trustees and a clerk as the Mohawk people's chosen representatives. The trustees’ primary purpose was to give a voice to the Saint Regis Mohawks who lived on the American side of the Mohawk territory, thus in New York and to oversee certain aspects of the relationship with non-Native governments. It is not believed the trustees initially usurped the role of life chiefs (who were chosen in a more traditional manner and held their positions for life) who continued to control the internal affairs of the Tribe. However, two of the original trustees were also life chiefs.

By 1818, two of the original trustees were dead and two new trustees were chosen, both of whom were also life chiefs. This unique mixture of tradition and adaptability coupled with strong non-Native influences, brought about a new form of government. The present Saint Regis Mohawk Tribal Council has emerged from those changes.

Throughout the 19th century the Saint Regis Mohawk Tribal Council Government evolved to a point where the trustees were called Tribal Chiefs, formalized elections are now scheduled each year and definite terms of office were established. The Tribal Council is comprised of three Chiefs, three Sub-Chiefs and a Tribal Clerk.

The Saint Regis Mohawk Tribal Council Chiefs are responsible for setting policy and making major decisions on behalf of the tribe. They oversee the operation of the Saint Regis Mohawk Tribal government and assure that quality programs and services are made available to the Mohawk people. The Tribal Clerk maintains the official records of Council.

New York State and the United States Federal Government deal with the Saint Regis Mohawk Tribal Council on a government-to-government level. The Tribal Council has received Federal and State funds for a variety of tribally administered programs since 1973, all of which primarily employ Mohawk people.

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Today, the Saint Regis Mohawk Tribe administers it own environmental, social, policing, economic, health and educational programs, policies, laws and regulations. 4

Wildland Fire Potential

The predominant Vegetation Condition Class is II and III.

FIRE REGIME CONDITION CLASS DEFINITION

A natural fire regime is a general classification of the role fire would play across a landscape in the absence of modern human mechanical intervention, but including the influence of aboriginal burning (Agee 1993, Brown 1995). Coarse - scale definitions for natural (historical) fire regimes have been developed by Hardy et al. (2001) and Schmidt et al. (2002) and interpreted for fire and fuels management by Hann and Bunnell (2001). The five natural (historical) fire regimes are classified based on average number of years between fires (fire frequency) combined with the severity (amount of replacement) of the fire on the dominant over story vegetation. These five regimes include:

I – 0-35 year frequency and low (surface fires most common) to mixed severity (less than 75% of the dominant overstory vegetation replaced);

II – 0-35 year frequency and high (stand replacement) severity (greater than 75% of the dominant overstory vegetation replaced);

III – 35-100+ year frequency and mixed severity (less than 75% of the dominant overstory vegetation replaced);

IV – 35-100+ year frequency and high (stand replacement) severity (greater than 75% of the dominant overstory vegetation replaced);

V – 200+ year frequency and high (stand replacement) severity.

Vegetative cover types on Akwesasne Mohawk Territory are delineated into three broad groups: grass, grass/shrubs, and hardwoods/shrubs. Only a small amount of area existed that is at least 50% conifers. Most ignitions are human-caused. Most fires originate in grass fuels and then with wind spread into adjacent shrub or forested areas. Although most fires remain less than 10 acres there is potential for larger size fires.

Grass: This type can be found interspersed with both smaller diameter and larger diameter hardwoods stands. Wetland habitats and swamp ecosystems are included in this group.

4 Tribal History. Saint Regis Mohawk Tribe. http://srmt-nsn.gov/his.htm. June 2008. 8

Areas developed for agriculture and still are using either as hayfield or pasture land is also in this type. Housing and other development has replaced agricultural uses on a large portion of these lands. Open areas between housing or developed areas that are primarily grass vegetation are the greatest risk for wildfire occurrence in the spring of the year, prior to green-up. Most starts are from juveniles playing with matches or debris burning. Some starts have been from power equipment. The intensity of these fires can be high at times and they can spread very quickly, especially with wind.

Though heat intensity can be high and acreage large in the grass type (50 – 100 acres), the duration, soil heat penetration or need for burned area rehabilitation is minimal. Following green-up, fire activity in this type is very low or non-existent.

Grass/shrubs: There are often areas recently abandoned as agricultural lands, or previous wetland formed through the action of beavers. As the water receded grass, forbs, low form shrubs and hardwood seedlings and saplings became the dominant vegetation.

Hardwoods/Shrubs: Hardwood forest vegetation was grouped according to two major site types. The two site types were classified in regard to the amount of moisture present in the soil. Upland sites consist of well-drained, moist soils containing no areas of standing water. The lowland sites contain wet soils with areas of standing water.

The following are two lists of species found within the upland areas and the lowland areas respectively of the reservation. The species are listed in order from the most abundant species found on a site type to the least abundant species found on that same site type.

Species Frequency Upland Sites Lowland Sites Most Abundant Quaking Aspen Quaking Aspen Green Ash Black Ash White Ash Green Ash Sugar Maple American Elm Red Maple Red Maple White Pine Basswood Bitternut Hickory White Ash Shagbark Hickory Gray Birch Red Pine Bur Oak Hemlock Black Cherry Least Abundant Blue Beech

Due to the stage of early succession in which the forest now resides, it is unclear at this point which species will prove dominant in many of the areas. The preceding lists encompass those species found in stands of timer that are comprised of trees having a diameter of at least 4 inches at 4.5 feet above the ground. In areas where sapling-sized trees are most prevalent, the major species found on upland sites was dogwood with a

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smaller amount of Hawthorne, and the lowland sites are comprised primarily of willow. These sapling sites have a range of 22,500 to 38,000 stems per acre.

In deciduous forest cover types the potential for wildfire is generally low. The behavior usually involves a creeping, slow spreading fire of low intensity (flame lengths of less than 2-3 feet). These fires commonly originate in the grass types and spread into hardwood stands with the assistance of wind. The possibility of a large size fire is low. Hardwood stands are grouped on lowland and upland, which determines species composition.

Conifers: Potential for large size fires in conifer stands is possible during wind driven fires and periods of live needle moisture deficit. The potential for property damage is high especially with crown fire behavior. Unsuppressed, conifer forests have a fire recurrence rate of less than 50 years.

Conifers (white pine, red pine, and hemlock) are scattered throughout hardwood stands on upland sites. Only in a couple of small areas they comprise at least 50% of the composition and have been delineated as a conifer stand.

In general, there are two wildland fire seasons: mid spring and late fall. Typical springs have warm periods prior to “green up” in which the previous season’s grass/forbs are sufficiently dry to carry fire spread. In summer the green vegetational growth and normal rains are usually sufficient to inhibit wildland fire except under drought conditions. Following a killing frost in the fall and short dry periods with warm temperatures, wildland fire danger can raise and provide a second fire season.

Moderate burning indices may occur in spring and fall especially during extended periods without rain.

A primary local weather factor that contributes to high wildfire danger and larger wildfires is wind from the passage of a front at the time of ignition, or a warm weather system passing through from the southwest. The warmer air helps thaw snow in the openings, lowers moisture content from the previous season’s vegetation, and results in high wildland fire danger. Wildland fires that occur during windy conditions are difficult to contain.

Fire Behavior

Fire Behavior Descriptions for the Reservation and Great Lot 28 are mixed but are predominated by:

1 - Short Grass. The fine, very porous, and continuous herbaceous fuels that have cured or are nearly cured govern fire spread. Fires are surface fires that move rapidly through the cured grass and associated material. Very little shrub or timber overstory is present, generally less than 1/3 of the area. Both annual and perennial grasses are included;

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grasslands and savannas are represented along with grass-shrub combinations that meet the above area constraint.

Fuel Model Values for Estimating Fire Behavior Total Fuel Load, < 3-inch dead & live 0.74 tons/acre Dead Fuel Load, 0 - ¼-inch 0.74 tons/acre Live fuel Load, foliage 0 tons/acre Fuel Bed Depth 1.0 feet

2 - Grass with Timber/Shrub Overstory. Fire spread is primarily through the fine herbaceous fuels, either curing or dead. These are surface fires where the herbaceous material, in addition to the litter and deaddown stem and branch wood from the open shrub and/or timber overstory, contribute to the fire intensity. Open shrub lands or pine/oak/dry Douglas-fir stands that cover 1/3 to 2/3 of the area may generally fit this model; such stands may include clumps of fuels that generate higher intensities and that may produce firebrands.

Fuel Model Values for Estimating Fire Behavior Total Fuel Load, < 3-inch dead & live 4.0 tons/acre Dead Fuel Load, 0 - ¼-inch 2.0 tons/acre Live fuel Load, foliage 0.5 tons/acre Fuel Bed Depth 1.0 feet

The grass group of fuel models described above has a wide range of fire intensities and rates of spread. With wind speeds of 5 miles per hour, dead fuel moisture content of 8%, and live fuel moisture content of 100%, those models have the following fire behavior values:

Fuel Model Rate of Spread in Chains Flame Length Per Hour in Feet 1 78 4 2 35 6

4 - Mature Brush. Fire intensity and fast-spreading fires involve the foliage and live and dead fine woody material in the crowns of a nearly continuous secondary overstory. Stands of mature shrubs, 6 or more feet tall, such as California and Oregon mixed chaparral with flammable (volatile) foliage and a significant dead component fit this model. A deep litter layer may also be present. Actual height of the brush qualifying for this model depends on local conditions.

Fuel Model Values for Estimating Fire Behavior

Total Fuel Load, < 3-inch dead & live 13.0 ton Dead Fuel Load, 0 - ¼-inch 5.0 tons/acre Live fuel Load, foliage 5.0 tons/acre

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Fuel Bed Depth 6.0+ feet

5 – Young Brush. Fire is generally carried in the surface fuels that are made up of litter cast by the shrubs and the grasses or forbs in the understory. The fires are generally not very intense because fuel loads are light, the shrubs are young with little dead material, and the foliage contains little volatile material. Usually the shrubs are short and almost totally cover the area. Young, green stands up to 6 feet high with little or no dead wood qualify for this model. The live vegetation produces poor burning properties.

Fuel Model Values for Estimating Fire Behavior Total Fuel Load, < 3-inch dead & live 3.5 tons/acre Dead Fuel Load, 0 - ¼-inch 1.0 tons/acre Live fuel Load, foliage 2.0 tons/acre Fuel Bed Depth 2.0 feet

8 – Closed, Short Needle Timber Litter. Slow burning ground fires with low flame lengths are generally the case, although a fire may encounter an occasional “jackpot” or heavy fuels concentration that can flare up. Only under severe weather conditions involving high temperatures, low humidities, and high winds do the fuels pose significant fire hazards.

Closed canopy stands of short-needle conifers or hardwoods that have leafed out support fire in the compact litter layer. This layer is mainly needles, leaves, and twigs because little undergrowth is present. Representative conifer types are Douglas-fir, true fir, hemlock, and spruce.

Fuel Model Values for Estimating Fire Behavior Total Fuel Load,< 3-inch dead & live 5.0 tons/acre Dead Fuel Load, 0-1/4-inch 1.5 tons/acre Live fuel Load, Foliage 0.0 tons/acre Fuel Bed Depth 0.2 feet

9 - Hardwood or Long Needle Pine Timber Litter. Fires run through the surface litter faster than in model 8 and have longer flame lengths. Both long-needle conifer and hardwood stands are typical. Closed stands of long-needled pine like ponderosa, Jeffrey, and sugar pine and hardwood stands of oak, madrone and tanoak are grouped in this model. Concentrations of dead-down woody material will contribute to possible torching of trees, spotting, and crowning.

Fuel Model Values for Estimating Fire Behavior Total Fuel Load, < 3-inch dead & live 3.5 tons/acre Dead Fuel Load, 0 - ¼-inch 2.9 tons/acre Live fuel Load, foliage 0.0 tons/acre Fuel Bed Depth 0.2 feet

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The Fire Behavior Fuel Model Descriptions were obtained from Appendix B – Fire and Fuels, Aids to Determining Fuel Models For Estimating Fire Behavior, USDA, Forest Service.

Slivers of Urban areas follow roadways and that intersect the other fuel model areas.

Location

The Saint Regis Mohawk Indian Reservation is located in Northern New York State, bordering the Canadian Provinces of Ontario and Quebec (See Map in Attachments).

Land

The land area is 14,640 Acres plus the Great Lot 28 of 39.41. The distribution of the land by current usage is: Agriculture - 1,586 acres Residential/Commercial - 1,712 acres Undeveloped plant/Animal habitat/Wetlands – 4,292 acres (Includes some wooded areas) Forest Land – Total - 6,860, Operable Forest Area – 5,481 Other - 190 acres

Topography

The Reservation is situated on the 45th parallel of latitude and has a fairly moderate climate. The land is characteristic of the Saint Lawrence River valley, “elevation on the Saint Regis Reservation ranges from a low of about 160 feet above m.s.l. in the northeast, to a high of 230 feet near Raquette Point Light, and at several other ridge locations. 5 The land is relatively flat with some low hills.

The Great Lot 28 is located east of the Reservation. The geology and other topographic features are similar to that of the Reservation.

Geologic Setting

The bedrock geology in the Franklin County area of New York consists of igneous and metamorphic rocks in the southern and middle sections, and sedimentary rocks in the north. The igneous and metamorphic rocks are associated with the Adirondack Mountains, and are part of a broad belt of rocks called the Grenville Province. The province extends southward along the west side of the Appalachian

5 Soil Survey of Akwesasne Territory: St. Regis Mohawk Reservation. By Theodore D. Trevail, Natural Resources Conservation Service. Fieldwork by Theodore D. Trevail, Soil Scientist, Natural Resources Conservation Service United States Department of Agriculture, Natural Resources Conservation Service, in cooperation with Cornell University Agricultural Experiment Station and St. Regis Mohawk Tribe. 13

Mountains from Labrador to Mexico, and was formed during the Precambrian Era of geologic time (approximately 1 billion years ago). Rocks of the Grenville Province are the oldest in the county, and are also the basement rocks for all of New York State. In the Saint Lawrence Valley, sedimentary bedrock dominates. It is undeformed to very gently folded and dips northward at an angle of less than 5 degrees. The rocks become younger in a northward direction as they grade from Cambrian age sandstone (500 to 550 million years old) north of the Adirondacks, to Ordovician age dolostone (430 to 500 million years old) near the Saint Lawrence River. All of the rocks were deposited on top of the older Grenville basement rocks.

At the Saint Regis Reservation, the underlying bedrock is Ogdensburg dolostone of the Beekmantown Group (Obk). It is exposed in a few places, such as in channels of large streams, and on a few low ridge slopes, but for the most part is deeply buried under glacial drift6. Description of the Affected Environment

Forest Lands

The reservation forest land consists of less than 10,000 acres, with 6,385 acres of operable commercial forest calculated in the Tribe’s Forest Inventory Analysis Report (FIAR) Seskeha/August 20077 and having an annual harvest of less than one million board feet. More recent calculations indicate 6,860 acres of forest area and 5,481 acres operable forest area. The forest is dominated by deciduous hardwoods, including quaking aspen, basswood, sugar maple, soft maple, and other river-bottom hardwood species. 75% of the forest is comprised of small saw timber and pole-size trees, the remainder being saplings and small regeneration. The total standing volume of timber is about 12 million board feet. The general forest cover type as determined by the USFS Forest Cover Type system is Elm-Ash-Cottonwood.

Species which dominate the forest include quaking aspen (17% of basal area), basswood (13%), sugar maple (13%), red and silver maples (8%), and numerous other northern hardwood and bottomland hardwood species. Some softwoods, including white pine, northern white-cedar, and balsam fir, are present, but account for less than 1% of the overall basal area.

The relative density across the forest is about 60% of the average maximum stocking which might be expected for undisturbed stands.

6 Soil Survey of Akwesasne Territory: St. Regis Mohawk Reservation. 7 Forest Inventory Analysis Report, St. Regis Mohawk Tribe, Bridgen, Michael R., Easton, Eric C. Seskeha/August 2007. 14

Stands inventoried are currently stocked at less than 100% relative density. Many of the stands are less than 60% density, indicating no need for thinning. Only the upland softwood saw-timber stands have high enough density to justify thinning. Most of the forest stands are within easy access to public highway systems. Poorly- drained wetlands are the main limitation to harvesting, and 685 acres, or about 10 percent of the forest, are non-operable because of wetland conditions.8

The forest lands provide economic potential for landowners for saw timber and firewood. Also, forest lands provide habitat for game animals, medicinal plants, and other recreational values.9

Land Acquisitions

Great Lot 28, St. Regis Indian Reservation, Town of Fort Covington, County of Franklin, and State of New York, 39.418 acres (see map in attachments).

The Parcel has been broken down into several stands. a productive hardwood stand and an unproductive stand consisting of Northern White Cedar and unproductive Shrubs and Harwood Species. Additionally, this parcel contains an area of open field, housing, and the Tribe’s Transfer Station.

Elm identified in all plots had been in a state of decline, high elm mortality is observed due to Dutch Elm Disease. Significant shrub interference with timber regeneration had been observed on all stands.

Acreage and Topography:

Non forested land consisting of open field, residential use, and the transfer station effectively uses 8 acres of the property. The stand Identified as Hardwood is on a slope with a southern aspect, the stand Identified as Northern White Cedar is on a north facing slope.

Hardwood: The stand identified as Hardwood is 10 acres in size, categorized as a Broadleaf Forest cover type. The stand contains 392 stems per acre with a basal area of 93.4. the basal area of acceptable growth stock is 62.4 and the basal area of unacceptable growth stock is 31. The relative density is 73.3.

The Stand Consists of Basswood (43.6%), Sugar Maple (12.5%), Northern White Cedar (11.1%), Bitternut Hickory (6.7%), Elm (6.5%), Quaking Aspen (5.9%) White Ash (4.6%), Hophornbeam (4.2%), and Green Ash (2.9%). The stand contains a total of 15mbf of timber (7mbf Quaking Aspen, 4.7mbf Sugar Maple, 3.4mbf Basswood) and 11,210 Cubic Feet of Pulp from all species.

8 Forest Inventory Analysis Report. 9 Approved IRMP, St. Regis Mohawk Tribe. 15

This stand is the only productive timber on the property. The dominant specie in this stand is American Basswood, size range from pole timber to small sawtimber. The next most common specie is Sugar maple, the size range from pole to small sawtimber. Other hardwoods comprise the remainder of the stand but no individual species are found in significant number.

Northern White Cedar and Unproductive Hardwood: The Stand identified as NWC is 20 acres in size, categorized as a coniferous forest dominated by Northern White Cedar. The stand contains 1177 stems per acre with a basal area of 162.3. the relative density of the stand is 103.8. The stand consists of Northern White Cedar (84.7%), Quaking Aspen (4.5%), Elm (4.1%), Gray Birch (3.8%), Bur Oak (1.2%), Green Ash (1.1%), and Red Maple (0.2%). The stand contains 3mbf of Elm, and 5,488 cubic feet of pulp from all species. This stand does not contain productive timber. The stand consists of Northern White Cedar and shrub species. The Northern White Cedar is almost exclusively sapling size with DBH under 7”. The remainder of the stand consists of shrubs with few trees, and groups of quaking aspen, Gray Birch, or other early successional hardwood. The hardwood species within this stand are in a state of decline, the Elm are in decline due to Dutch Elm Disease while other hardwoods such as Gray Birch and Quaking Aspen are short lived species that have reached maturity.

Understory species: The understory of the property contains little or no regeneration of timber species. 33% of the property consists of a shrub layer (hawthorn, European Buckthorn, Osier Dogwood). Shade created by overstory trees and competition from shrub species has prevented regeneration of the timber species on the property.

Invasive Species:

The parcel contains European or Common Buckthorn and Grape vines. The Common Buckthorn has the potential to crowd out timber regeneration while grape vines have the potential to girdle timber species.

Soils

The descriptions of soils on the Saint Regis Mohawk Reservation are10:

2—Lovewell very fine sandy loam, stratified substratum This soil is very deep, nearly level and moderately well drained. It is on floodplains of large perennial streams that occasionally flood for brief periods.

10 Soil Survey of Akwesasne Territory: St. Regis Mohawk Reservation. 16

Slopes range from 0 to 3 percent. The potential productivity for growing eastern white pine on this soil is very high. Although there are no major management limitations, brush control is important to subdue plant competition around seedlings.

5—Fluvaquents-Udifluvents complex, frequently flooded This unit consists of very deep sediments deposited by rivers and streams on floodplains. Frequent flooding from nearby rivers and streams generally results in the erosion and redeposition of soil material from one place to another within this unit. Fluvaquents occur on slightly concave positions such as abandoned stream channels and stagnant-water areas. Udifluvents occur on slightly convex positions such as low benches and small islands near active stream channels. This unit consists of about 30 percent poorly drained and 20 percent somewhat poorly drained Fluvaquents, 40 percent well drained Udifluvents, and 10 percent other soil types. Fluvaquents and Udifluvents are so intermingled on the landscape that it was not practical to map them separately. Slopes range from 0 to 3 percent. Most areas of this unit are in brush or woodland.

6—Redwater fine sandy loam This mapping unit consists of deep, somewhat poorly drained soils that have formed in recent alluvium. It is on flood plains along streams where the stream gradient is controlled by bedrock. Slopes range from 0 to 3 percent. Much of this unit is used as hay land. Other areas are in woodland or brush. The potential productivity for red maple on this unit is moderate.

15B—Waddington gravelly loam, 3 to 8 percent slopes This soil is very deep, gently sloping and somewhat excessively drained. It occurs on very gravelly, glacial outwash plains and beach ridges. Most areas of this soil are used as hay land or brushland. The potential productivity for growing sugar maple on this soil is moderate. Tree species tolerant to short periods of droughtiness should be encouraged.

18A—Adams loamy sand, 0 to 3 percent slopes This soil is very deep, nearly level, and somewhat excessively drained. It occurs on nearly level sandy glacial outwash plains and terraces. The potential productivity for growing eastern white pine on this soil is very high. Because of the very low available water capacity, droughty conditions can severely affect seedling mortality. Included areas of Croghan soils may have higher seedling survival rates.

18B—Adams loamy sand, 3 to 8 percent slopes This soil is very deep, gently sloping, and somewhat excessively drained. It occurs on sandy glacial outwash plains and terraces. Most areas of this soil are in woodland. The majority of areas that were once farmed have since reverted to brushland or woodland. The potential productivity for growing eastern white pine on this soil is very high. Because of the very low available water capacity, droughty conditions can severely affect seedling mortality. Included areas of Croghan soils may have higher seedling survival rates.

20A—Croghan loamy fine sand, 0 to 3 percent slopes

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This soil is very deep, nearly level, and moderately well drained. It formed in low lime, sandy deposits on outwash plains, terraces, deltas, and lake plains. Most areas of this soil are in hay land or woodland. Some areas are in pastureland. The potential productivity for growing eastern white pine on this soil is high. Seedling mortality can be a moderate management problem with some tree species because of low available water capacity. Drought-tolerant seedlings that are planted during moist soil conditions promote seedling survival.

33—Wainola loamy fine sand This soil is very deep, nearly level, and somewhat poorly drained. It formed in sandy deposits on relatively low and slightly concave areas of glacial outwash plains and lake plains. Slopes range from 0 to 3 percent. The potential productivity for growing red maple on this soil is moderate. Heavy equipment may bog down in wet soil causing severe erosion.

39A—Churchville silty clay loam, 0 to 3 percent slopes This soil is very deep, nearly level and somewhat poorly drained. It occurs on swales and smooth areas on glacial till plains. The potential productivity for growing sugar maple on this soil is moderate. Because of the seasonal high water table, heavy harvesting equipment may bog down in the spring and cause deep ruts. Also, windthrow may be a severe management problem particularly in poorly drained spots where tree roots are restricted by seasonal wetness.

39B—Churchville silty clay loam, 3 to 8 percent slopes This soil is very deep, gently sloping and somewhat poorly drained. It occurs on toeslopes, and on undulating areas of glacial till plains. The potential productivity for growing sugar maple on this soil is moderate. Because of the seasonal high water table, heavy harvesting equipment may bog down in the spring resulting in deep ruts. Windthrow can also be a severe management problem particularly in poorly drained spots where tree roots are restricted by seasonal wetness.

40B—Heuvelton silty clay loam, 3 to 8 percent slopes This soil is very deep, gently sloping, and moderately well drained. It is on slightly convex areas and low ridges of lake plains. The potential productivity for growing northern red oak on this soil is moderately high. There are no major management limitations on this soil.

40C—Heuvelton silty clay loam, 8 to 15 percent slopes This soil is very deep, strongly sloping, and moderately well drained. It is on convex areas, stream side slopes, and low ridges of lake plains. The potential productivity for growing northern red oak on this soil is moderately high. There are no major management limitations on this soil. However, soil erosion can be a moderate concern on improperly maintained skid roads and landing sites.

41A—Muskellunge silty clay loam, 0 to 3 percent slopes

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This soil is very deep, nearly level and somewhat poorly drained. It occurs on swales and smooth areas on glacial lake plains. The potential productivity for growing sugar maple on this soil is moderate. Because of the seasonal high water table, heavy harvesting equipment can bog down in the spring and cause deep ruts. Dry soil conditions or frozen periods should be used for operating equipment on this soil.

41B—Muskellunge silty clay loam, 3 to 8 percent slopes This soil is very deep, gently sloping, and somewhat poorly drained. It occurs on toeslopes, and on slightly dissected or undulating areas of glacial lake plains. The potential productivity for growing sugar maple on this soil is moderate. Because of the seasonal high water table, heavy harvesting equipment may bog down in the spring resulting in deep ruts. Operating equipment on this soil should be limited to periods when the soil is dry or frozen.

42—Adjidaumo silty clay This soil is very deep, nearly level and poorly drained. It occurs on slightly depressional areas of glacial lake plains. Slopes range from 0 to 2 percent. The potential productivity for growing red maple on this soil is moderate. Because of the seasonal high water table, ground conditions are very soft in late fall and spring. These conditions limit the efficient use of harvesting equipment to mainly summer or winter. Since root growth is restricted by the seasonal high water table, seedling mortality and windthrow will likely be severe for areas of this unit unless wetness tolerant species are managed.

43—Adjidaumo mucky silty clay This soil is very deep, nearly level and very poorly drained. It occurs in basin-like areas on glacial lake plains. Slopes range from 0 to 2 percent. The potential productivity for growing red maple on this soil is moderate. Because of the seasonal high water table, ground conditions are very soft, particularly during late fall and spring. These conditions limit the efficient use of harvesting equipment mainly to summer or winter. Since root growth is restricted by the seasonal high water table, seedling mortality and windthrow will likely be severe on this unit unless wetness-tolerant species are managed.

44—Mino loam This soil is very deep, nearly level, and somewhat poorly drained. It is in slightly concave areas on lake plains. Slopes range from 0 to 3 percent. The potential productivity for growing white ash on this soil is moderate. Heavy equipment may bog down and cause deep ruts during wet periods. Wood harvest during winter or summer months may work beSaint Rooting depth is moderately limited by the seasonal high water table which may restrict seedling survival. Shallow root systems within this soil are commonly subject to moderate windthrow. Selecting species that are tolerant of wet soil conditions will help increase seedling survival and reduce windthrow.

45—Sciota fine sand This soil is very deep, nearly level, and somewhat poorly drained. It is on smooth plains and on toeslopes of narrow ridges. Slopes range from 0 to 3 percent. The potential productivity for growing red maple on this soil is moderate. Because of the seasonal high

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water table, heavy equipment may bog down under soft ground conditions in the spring. Harvesting in the summer or during frozen ground conditions will increase equipment efficiency. Seedling mortality and windthrow are also moderate management problems because of root growth limited by wetness and low available water capacity in some areas of this unit.

46—Deinache fine sand This soil is very deep, nearly level, and poorly drained. It occurs in basin-like areas on sandy lake plains. Slopes range from 0 to 3 percent. The potential productivity for red maple on this soil is moderate. Saturated soil conditions in the spring cause soft ground for heavy equipment on this soil. Harvesting operations would be more efficient in the summer or during frozen ground conditions. Because of the seasonal high water table, seedling mortality is severe for most hardwood species. Windthrow hazard is also severe because of restricted root growth. Species tolerant to wet soil should be considered for woodland management. Thinning should be kept to a minimum to reduce windthrow.

47B—Elmwood fine sandy loam, 3 to 8 percent slopes This soil is very deep, gently sloping, and moderately well drained. It is on marine or lake plains where glacial streams, rivers, or wind deposited mantles of fine sand and silt over lacustrine or marine clayey materials. The potential productivity for eastern white pine on this soil is high. The seasonal high water table and the clayey substratum may cause a moderate windthrow hazard by restricting root growth in areas of this unit. By keeping thinning to a minimum, the woodland manager can reduce the chance of windthrow. Seedlings survive and grow well if competing vegetation is controlled.

48—Swanton very fine sandy loam This soil is very deep, nearly level, and somewhat poorly drained. It is on broad lake plains in the lowlands and on slight upland depressions. Slopes range from 0 to 3 percent. The potential productivity for growing eastern white pine on this soil is very high. The seasonal high water table and depth to the clayey substratum are the major limitations. Wet soil conditions can increase seedling mortality and restrict the use of heavy equipment. Root growth may be limited by both the seasonal high water table and the clayey substratum. Therefore, some trees may be uprooted during windy periods. Minimal thinning of standing timber helps to reduce potential windthrow. Harvesting during the summer or during frozen ground conditions can alleviate equipment limitations. Species that are tolerant to wet soil conditions should be considered. Seedlings tend to survive best if competing vegetation is controlled.

49—Munuscong mucky fine sandy loam This map unit consists of very deep, nearly level, very poorly drained soils formed in a loamy mantle over clayey sediments. It is on low positions within lake or marine plains and in uplands. Slopes are smooth and range from 0 to 2 percent. The potential productivity for quaking aspen on this soil is moderate. Wet soil conditions depress growth rates and limit the number of adaptable species. Wetness also hinders heavy equipment use in the spring and during other wet periods. Logging during drier periods or in winter, when the ground is frozen, will help overcome this limitation. The rate of

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seedling mortality can be excessive because of wetness. Seedling mortality may be decreased by timely planting when the soil is moist, but not wet, and by the selection of adaptable species. There is a severe windthrow hazard because the water table limits the development of an anchoring root system. By keeping thinning to a minimum, and planting shallow rooted species, the manager can minimize windthrow.

50—Hailesboro silt loam This soil is very deep, nearly level, and somewhat poorly drained. It occurs on broad glacial lake plains and slightly concave areas on upland glacial till plains. Slopes range from 0 to 3 percent. The potential productivity for growing white ash on this soil is high. Because of the seasonal high water table, soil wetness during spring will cause soft ground conditions for heavy equipment. Also, wetness is a limiting factor in root growth for some species and may cause severe windthrow. Harvesting during the summer or during frozen ground conditions can increase efficient use of equipment. Managing wetness-tolerant species and minimizing thinning are good management practices.

51—Wegatchie silt loam This map unit consists of very deep, nearly level, poorly drained soils that formed in clayey sediments. It is in low-lying basins or along streams. Slopes are smooth and range from 0 to 3 percent. The potential productivity for red maple on this soil is moderate. Wet soil conditions can hinder heavy equipment use, especially in the spring and other wet periods. Logging during drier periods or in winter when the ground is frozen will help overcome this limitation. Planting seedlings when the soil is moist, but not wet, will optimize the rate of seedling survival. Because the seasonal high water table limits development of an anchoring root system, there is a severe windthrow hazard. Keeping thinning to a minimum and planting shallow-rooted varieties are ways to reduce windthrow.

53B—Nicholville very fine sandy loam, 3 to 8 percent slopes This soil is very deep, gently sloping and moderately well drained. It occurs on smooth, slightly convex areas of glacial lake plains. The potential productivity for growing sugar maple on this soil is moderate. There are no major management limitations for this use.

60C—Grenville loam, 8 to 15 percent slopes This soil is very deep, strongly sloping, and well drained. It is on shoulder and backslope positions of elongated hills and other convex slopes on glacial till lowlands. The potential productivity for growing sugar maple on this soil is moderate. No major limitations exist for woodland management. However, windthrow can be a problem in included areas where seepage and less rooting depth occurs.

61B—Hogansburg loam, 3 to 8 percent slopes This soil is very deep, gently sloping, and moderately well drained. It occurs on undulating glacial till lowlands. The potential productivity for growing sugar maple on this soil is moderate. There are no major limitations for woodland management on this soil. However, windthrow can be a problem in included areas where seepage and less rooting depth occurs.

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62A—Malone gravelly loam, 0 to 3 percent slopes This soil is very deep, nearly level, and somewhat poorly drained. It occurs on smooth and slightly concave glacial till plains. The potential productivity for growing red maple on this soil is moderate. The seasonal high water table may cause soft ground conditions for heavy equipment, especially in the spring. Wetness may adversely affect root growth and seedling survival. There is a moderate windthrow hazard because of limited rooting depth. Harvesting during drier periods or during frozen ground conditions will increase equipment use efficiency. Managing species that are wetness-tolerant and minimizing thinning are good practices on this soil.

62B—Malone gravelly loam, 3 to 8 percent slopes This soil is very deep, gently sloping and somewhat poorly drained. It occurs on slightly concave or undulating glacial till plains. The potential productivity for growing red maple on this soil is moderate. The seasonal high water table may cause soft ground conditions for heavy equipment, especially in the spring. Wetness may adversely affect root growth and seedling survival. There is a moderate windthrow hazard because of the limited rooting depth. Harvesting during drier periods or during frozen ground conditions will increase equipment use efficiency. Managing species that are wetness-tolerant and minimizing thinning are good practices on this soil.

64—Runeberg mucky loam This soil is very deep, nearly level, and very poorly drained. It is in low positions on glacial till plains. Slopes range from 0 to 2 percent. The potential productivity for growing cedar on this soil is moderately high. Because of the seasonal high water table, heavy equipment will commonly cause deep ruts and harvesting inefficiency. Harvesting operations tend to run smoother during dry or frozen periods on this soil. Wet soil conditions can retard root growth and seedling survival, and may cause severe windthrow in areas of this soil. Selecting species that are wetness-tolerant will help increase seedling survival and reduce windthrow. Minimizing thinning practices can also decrease windthrow.

66—Matoon silty clay loam, 0 to 2 percent slopes This soil is moderately deep, nearly level, and somewhat poorly drained. It is mostly on broad basins or plains where clayey marine sediments are moderately deep over bedrock. The potential productivity for growing red maple on this soil is moderate. Because of the seasonal high water table, heavy harvesting equipment can bog down in the spring and cause deep ruts. Dry soil conditions or frozen periods should be used for operating equipment on this soil. Wetness also causes limited root growth and a moderate windthrow hazard. Managing wetness-tolerant species and minimizing thinning are good practices on this soil.

68B—Fahey gravelly fine sandy loam, 3 to 8 percent slopes, loamy substratum This soil is very deep and moderately well drained. It occurs on footslopes of gravelly beach ridges and on slightly concave areas of undulating outwash plains. The potential

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productivity for growing eastern white pine on this soil is high. There are no major limitations for timber growth and management on this soil.

69A—Coveytown loamy sand, 0 to 3 percent slopes This soil is very deep, nearly level, and somewhat poorly drained. It occurs at the base of ridges and in concave areas of glacial till deposits that have been modified by both wave action and deposition of sands. The potential productivity for growing red maple on this soil is moderate. Because of the seasonal high water table, soft ground conditions may limit the use of heavy harvesting equipment to drier periods of the year. Seedling mortality and windthrow are considered moderate management concerns on this soil because of restricted root growth, especially in areas of poorly drained inclusions. Managing wetness-tolerant species and minimizing thinning are good practices on this soil.

70—Guff silty clay loam This soil is moderately deep, nearly level, and poorly drained. It is on low-lying areas where clayey marine sediments are moderately deep over bedrock. Potential productivity for red maple on this soil is moderate. This wet soil tends to be soft under heavy equipment because of a seasonal high water table and high clay content. Logging during dry periods or during frozen ground conditions can enhance equipment use. Wet soil also severely limits seedling survival. Planting species adapted to wet conditions will improve productivity. Because of the seasonal high water table and moderate depth to bedrock, trees tend to have shallow roots and blow over easily. Keeping thinning to a minimum and planting water-tolerant species reduces windthrow.

94B—Neckrock-Summerville complex, gently sloping, rocky This unit consists of well drained soils overlying limestone bedrock benches. The Neckrock soils are moderately deep to bedrock and generally on broad, smooth, slightly convex positions. The Summerville soils are shallow and generally near bedrock outcrops. Exposed bedrock covers up to 2 percent of the surface of the unit. This unit consists of about 45 percent Neckrock soils, 35 percent Summerville soils, and 20 percent other soils and rock outcrop. The Neckrock and Summerville soils are so intermingled that it was not practical to map them separately. Slopes range from 0 to 8 percent. The potential productivity for growing sugar maple on this unit is moderate. Equipment use has a moderate limitation because of bedrock outcropping associated with Summerville soils. There is a moderate risk of seedling mortality in shallow Summerville soils because of the very low available water capacity. Selecting varieties which are tolerant to dry soil conditions as well as planting during sufficient soil moisture are ways to improve seedling survival. Also, due to shallow areas in this unit, there is a severe risk of windthrow in areas of Summerville soils. Planting shallow-rooted species while minimizing clear cutting operations can reduce the windthrow potential.

101—Wonsqueak muck This soil is very deep, nearly level and very poorly drained. It consists of highly decomposed organic material over mineral soil on depressions of glacial till, glacial outwash and lake plains. Slopes range from 0 to 2 percent. The potential productivity for

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growing black spruce on this soil is moderate. However, these organic soils have low bearing strength for heavy equipment resulting in deep ruts and inefficiency when crossed. Because of the seasonal high water table, seedling mortality is significantly high except for water-tolerant species. Root growth is restricted to a shallow depth in this commonly saturated soil making windthrow a likely occurrence.

104—Udorthents, wet substratum This map unit is very deep, nearly level or gently sloping and somewhat poorly drained. It occurs on a variety of landscapes and consists of construction projects, unpaved parking areas and fill material. The fill material or may be relatively thin; but, generally it occurs in slightly concave landscape positions. Slopes range from 0 to 8 percent.

105—Udorthents, smoothed This map unit is very deep, nearly level to strongly sloping, and well drained. It occurs on a variety of landscapes and consists of construction projects, unpaved parking areas, and fill material. Slopes range from 0 to 15 percent, but are dominantly 0 to 3 percent. The typical sequence, depth, and composition of the layers of this unit are variable depending on the source of the material, and therefore, not provided here. Included with this soil in mapping are small areas of somewhat poorly drained and poorly drained soils and fill material. Undisturbed soil areas are included in this unit. Small areas of concrete, asphalt, bricks and other man-made material are also included. Included areas make up about 10 percent of this unit and range up to 5 acres each.

107—Udorthents loamy This map unit is very deep, nearly level to moderately steep, and well drained. It occurs along the Saint Lawrence River in the form of dredging material that originated from the shipping channel. Most areas remain in the form of debris piles and some areas are smoothed over as fill material. Slopes range from 0 to 25 percent.

110—Borosaprists and Fluvaquents, frequently flooded This unit consists of very deep, level, very poorly drained soils formed in organic and mineral deposits. It occurs in depressions and along the perimeter of water bodies occupying glacial lake plains and till uplands. Some upland areas of this unit are the result of beaver dams blocking drainage ways. Borosaprists commonly occupy areas near stationary water while Fluvaquents are commonly near moving water. This unit is covered by water during most of the year. Typically, these areas consist of 40 percent Borosaprists, 40 percent Fluvaquents, and 20 percent other soils. However, some areas of this unit may be mostly Borosaprists and other areas may be mostly Fluvaquents. Slope is less than 1 percent.

144—Roundabout silt loam This soil is very deep, nearly level, and somewhat poorly drained. It is on slightly concave areas of lake plains and in low positions on uplands. Slopes range from 0 to 3 percent. The potential productivity for growing eastern white pine on this soil is very high. Because of the seasonal high water table, heavy equipment can bog down in the soil causing ruts and inefficiency. Harvesting during summer or during frozen ground

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conditions can improve operation efficiency. Root growth is limited by seasonal wetness causing severe windthrow in some areas. By minimizing clear-cutting activities and selecting species tolerant of wet soil conditions, seedling survival can be improved and windthrow reduced.

147A—Flackville loamy fine sand, 0 to 3 percent slopes This soil is very deep and moderately well drained. It is on glacial lake plains. The potential productivity for growing sugar maple on this soil is moderate. There are no major woodland management limitations on this soil.

147B —Flackville loamy fine sand, 3 to 8 percent slopes This soil is very deep and moderately well drained. It is on slightly convex or undulating areas of lake plains. The potential productivity for growing sugar maple on this soil is moderate. There are no major woodland management limitations on this soil.

148—Stockholm loamy fine sand This map unit consists of very deep, nearly level, poorly drained soils that formed in a sandy mantle overlying clayey sediments. It is in low positions on lake and marine plains, and at the base of ridges and gentle rises in the landscape. Slopes range from 0 to 3 percent. The potential productivity for red maple on this soil is moderate. The seasonal high water table during spring and other wet periods causes heavy equipment to bog down and create operational inefficiency. Logging when the surface is dry or frozen can reduce this problem. Because the surface is often saturated in spring, the rate of seedling mortality on this unit can be excessive. Planting seedlings when the soil is moist, but not wet, will optimize the rate of seedling survival. There is a moderate windthrow hazard because wetness limits the development of an anchoring root system. Keeping thinning to a minimum and planting shallow rooted varieties are ways to minimize windthrow.

149—Pinconning mucky loamy fine sand This soil is very deep and very poorly drained. It is in low areas on broad plains, and in depressions. Slopes range from 0 to 2 percent. The potential productivity for growing quaking aspen on this soil is moderate. Wet soil conditions depress growth rates and limit the number of adaptable species. Wetness also hinders heavy equipment use in the spring and during other wet periods. Logging during drier periods or in winter when the ground is frozen, will help overcome this limitation. The rate of seedling mortality can be excessive because of wetness. Seedling mortality may be decreased by timely planting when the soil is moist, but not wet, and by the selection of adaptable species. There is a severe windthrow hazard because the water table limits the development of an anchoring root system. By keeping thinning to a minimum, and planting shallow rooted species, the manager can minimize windthrow.

181—Dorval muck This soil is very deep, nearly level and very poorly drained. It formed in organic deposits in depressions. Small hummocks and bumps are prevalent across otherwise smooth terrain. Slopes range from 0 to 2 percent. The potential productivity for red maple on these soils is moderate. The seasonal high water table causes a severe seedling mortality

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rate. Selecting species tolerant of very wet soil conditions can improve timber production. The shallow root zone in this soil allows for trees to blow over easily. Keeping thinning to a minimum helps reduce this severe windthrow hazard. The soil is soft and unstable when wet, and will not support heavy logging equipment. Logging during frozen ground conditions may alleviate this problem.

260C—Grenville loam, strongly sloping, very stony This soil is very deep and well drained. It occurs on elongated ridges and side slopes of glacial till lowlands. Large stones cover up to 3 percent of the soil surface. Slopes range from 3 to 15 percent. The potential productivity for growing sugar maple on this soil is moderate. There are no major limitations for woodland management on this soil. However, windthrow can be a problem in included areas where seepage and less rooting depth occurs.

263B—Malone gravelly loam, gently sloping, very stony This soil is very deep and somewhat poorly drained. It occurs on slightly concave or undulating glacial till plains. Large stones cover up to 3 percent of the soil surface. Slopes range from 0 to 8 percent, but are dominantly 3 to 8 percent. The potential productivity for growing red maple on this soil is moderate. The seasonal high water table may cause soft ground conditions for heavy equipment, especially in the spring. Wetness may adversely affect root growth and seedling survival. There is a moderate windthrow hazard because of limited rooting depth. Harvesting during drier periods or during frozen ground conditions will increase equipment use efficiency. Managing species that are wetness-tolerant and minimizing thinning are good practices on this soil.

264—Runeberg mucky loam, very stony This soil is very deep, nearly level, and very poorly drained. It is in low positions on glacial till plains. Large stones cover up to 3 percent of the soil surface. Slopes range from 0 to 2 percent. The potential productivity for growing northern white cedar on this soil is moderately high. Because of the seasonal high water table, heavy equipment will commonly cause deep ruts and harvesting inefficiency. Harvesting operations tend to run smoother on this soil during dry or frozen periods. Wet soil conditions can retard root growth and seedling survival, and may cause severe windthrow in areas of this soil. Selecting species that are wetness-tolerant will help increase seedling survival and reduce windthrow. Minimizing thinning practices can also decrease windthrow.

270B—Coveytown loamy sand, gently sloping, very stony This soil is very deep and somewhat poorly drained. It occurs at the base of ridges and in concave areas of glacial till deposits that have been modified by both wave action and deposition of sands. Large stones cover up to 3 percent of the surface. Slopes range from 0 to 8 percent. The potential productivity for growing red maple on this soil is moderate. Because of the seasonal high water table, soft ground conditions may limit the use of heavy harvesting equipment to drier periods of the year. Seedling mortality and windthrow are considered moderate management concerns on this soil because of restricted root growth, especially in areas of poorly drained inclusions. Managing wetness-tolerant species and minimizing thinning are good practices on this soil.

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Table 1 Source: Soil Survey of Akwesasne Territory: Saint Regis Mohawk Reservation

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Great Lot 28

Soil Description, Franklin County, New York, Northern Part (NY604).

Map Unit Map Unit Name Acres in Percent of Symbol AOI AOI

Cka Covington silty clay loam, 0 to 2 3.4 8.3% percent slopes

Cma Covington silty clay loam over till, 0 to 1.1 2.7% 2 percent slopes

Gbb Hogansburg and Grenville soils, 0 to 8 28.1 68.3% percent slopes, very stony

Hbb Hogansburg loam, 3 to 8 percent 8.5 20.7% slopes

Totals for Area of Interest 41.1 100.0%

Cka—Covington silty clay loam, 0 to 2 percent slopes Map Unit Setting National map unit symbol: bmcf Elevation: 50 to 1,000 feet Mean annual precipitation: 35 to 40 inches Mean annual air temperature: 41 to 45 degrees F Frost-free period: 95 to 135 days Farmland classification: Not prime farmland Map Unit Composition Covington and similar soils: 75 percent Minor components: 25 percent

Estimates are based on observations, descriptions, and transects of the mapunit. Description of Covington Setting Landform: Depressions Landform position (two-dimensional): Toeslope Landform position (three-dimensional): Tread Down-slope shape: Concave Across-slope shape: Concave

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Parent material: Calcareous clayey glaciolacustrine deposits or glaciomarine deposits Typical profile H1 - 0 to 8 inches: silty clay loam H2 - 8 to 36 inches: silty clay H3 - 36 to 60 inches: clay Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Capacity of the most limiting layer to transmit water (Ksat): Very low (0.00 in/hr) Depth to water table: About 6 to 12 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Available water storage in profile: Moderate (about 6.5 inches)

Cma—Covington silty clay loam over till, 0 to 2 percent slopes Map Unit Setting National map unit symbol: bmcg Elevation: 50 to 1,000 feet Mean annual precipitation: 35 to 40 inches Mean annual air temperature: 41 to 45 degrees F Frost-free period: 95 to 135 days Farmland classification: Not prime farmland Map Unit Composition Covington, till substratum, and similar soils: 75 percent Minor components: 25 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Covington, Till Substratum Setting Landform: Depressions Landform position (two-dimensional): Toeslope Landform position (three-dimensional): Tread Down-slope shape: Concave Across-slope shape: Concave Parent material: Calcareous clayey glaciolacustrine deposits or glaciomarine deposits Typical profile H1 - 0 to 8 inches: silty clay loam H2 - 8 to 36 inches: silty clay H3 - 36 to 60 inches: gravelly loamy sand Properties and qualities Slope: 0 to 2 percent

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Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Capacity of the most limiting layer to transmit water (Ksat): Very low (0.00 in/hr) Depth to water table: About 6 to 12 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 1 percent Available water storage in profile: Low (about 5.8 inches)

Gbb—Hogansburg and Grenville soils, 0 to 8 percent slopes, very stony Map Unit Setting National map unit symbol: 2wrcj Elevation: 100 to 1,800 feet Mean annual precipitation: 31 to 59 inches Mean annual air temperature: 39 to 48 degrees F Frost-free period: 100 to 160 days Farmland classification: Not prime farmland Map Unit Composition Hogansburg, very stony, and similar soils: 50 percent Grenville, very stony, and similar soils: 30 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Hogansburg, Very Stony Setting Landform: Ridges, low hills Landform position (two-dimensional): Summit, shoulder Landform position (three-dimensional): Crest Down-slope shape: Linear Across-slope shape: Convex Parent material: Calcareous loamy lodgment till derived from limestone Typical profile Ap - 0 to 10 inches: loam Bw - 10 to 15 inches: loam BC - 15 to 19 inches: fine sandy loam C - 19 to 35 inches: gravelly loam Cd - 35 to 79 inches: gravelly loam Properties and qualities Slope: 0 to 8 percent Percent of area covered with surface fragments: 2.1 percent Depth to restrictive feature: 20 to 43 inches to densic material Natural drainage class: Moderately well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Very low to moderately high (0.00 to 1.42 in/hr)

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Depth to water table: About 18 to 24 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 35 percent Available water storage in profile: Low (about 4.8 inches)

Hbb—Hogansburg loam, 3 to 8 percent slopes Map Unit Setting National map unit symbol: 2wrcg Elevation: 90 to 1,580 feet Mean annual precipitation: 31 to 59 inches Mean annual air temperature: 39 to 48 degrees F Frost-free period: 100 to 160 days Farmland classification: All areas are prime farmland Map Unit Composition Hogansburg and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Hogansburg Setting Landform: Ridges, low hills Landform position (two-dimensional): Shoulder, summit Landform position (three-dimensional): Crest Down-slope shape: Linear Across-slope shape: Convex Parent material: Calcareous loamy lodgment till derived from limestone Typical profile Ap - 0 to 10 inches: loam Bw - 10 to 15 inches: loam BC - 15 to 19 inches: fine sandy loam C - 19 to 35 inches: gravelly loam Cd - 35 to 79 inches: gravelly loam Properties and qualities Slope: 3 to 8 percent Percent of area covered with surface fragments: 0.0 percent Depth to restrictive feature: 20 to 43 inches to densic material Natural drainage class: Moderately well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Very low to moderately high (0.00 to 1.42 in/hr) Depth to water table: About 18 to 24 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 35 percent

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Available water storage in profile: Low (about 4.8 inches)

Water Resources

Surface Water

50 miles; 1,444 acres

• Saint Regis River - The mean flow rate, as measured at Brasher Center, NY is 688 ft3/s. • Raquette River – The mean flow rate, as measured at Piercefield, NY is 882 ft3/s, measured at Piercefield, NY. • Saint Lawrence River - The mean flow rate, as measured at Cornwall, Ontario is 266,378.5 ft3/s (7543 m3/s)11.

The Great Lot 28 site has no river or stream resources.

Surface Water Quality

Non-point source pollutants such as nutrients, fecal coliforms, and bacteria remain a threat to the public health of Tribal members. Sources include off-reservation agricultural operations, livestock operations, and failing decentralized septic treatment systems. Public owned treatment works contribute to the contaminant loads of tribal surface waters. Industrial inputs and past practices have left a legacy of pollution that remains in the Saint Lawrence basin12.

The Ft. Covington site has 2 septic systems on site and 2 drilled wells.

Surface Water Use

The Water Quality Standards Review Committee—comprised of representatives from various divisions of SRMT and Mohawk Council of Akwesasne—has compiled a list of Designated Uses that will be protected by the Standards. The uses described herein shall not be used to limit any treaty right of the Saint Regis Mohawks or Mohawk Nation Council of Chiefs

11 USGS Water Data for New York. National Water Information System. http://waterdata.usgs.gov/ny/nwis/sw 12 St. Regis Mohawk Tribe, Water Resources Program 32

Table 3 Designated Use Saint Lawrence Saint Regis Raquette River River River 1 Domestic, municipal water X X supply 2 Agricultural or farm water X X supply 3 Industrial water supply X

4 Religious and cultural usage X X X

5 Medicinal plant collection X X X

6 Fish and aquatic life habitat X X X

7 Fish hatchery (acclimation) X X X

8 Salmonid fish rearing X X X (Salmon, trout) 9 Esocid fish rearing X X X (Muskellunge, pike) 10 Percid fish rearing X X X (Walleye, yellow perch) 11 Sportfish Consumption X X X

12 Recreation (swimming, boating, X X X etc) 13 Municipal wastewater treatment X X

14 Secondary contact (recreation) X X X

Waters are impacted by industrial discharge, municipal wastewater, and urban and agricultural non-point runoff. Waters have been heavily impacted by industrial hazardous waste discharge locally and from the Great Lakes system. The river is heavily utilized by the Seaway for commodities transport.13

Saint Regis River

The Saint Regis River is a Category 2 River—some designated uses are met. It has no significant industrial inputs though agriculture, livestock, and inadequately treated residential wastewater effluent pose potential sources of pollutants.

13 Approved IRMP, Chapter 3, Water Resources. 33

Pathogenic Indicator Bacteria (PIB) levels in the Saint Regis are consistently the highest of the three rivers. In July 2008, the SRMT bathing criteria for recreational swimmers was violated in two sampling rounds; a mean of 501 cfu/100ml were detected on July 10, 2008 (with a single sample greater than 800 cfu/100ml) and 207 cfu/100ml were detected on July 22, 2008. Subsequent sampling for PIB in the months of August and September did not exceed SRMT criteria.

Mean annual high temperature (over 9 year data set) for the Saint Regis is 22.92°C (±0.346). The highest observed temperature in this river in 2008 was 24.11°C (75.4 F) on September 3, 2008.

DO dropped to 8.67 mg/l on September 3, 2008 however the lowest observed DO was recorded on July 29, 2008 at 7.66 mg/l.

Raquette River

The Raquette River has been assessed as a Category 2 waterbody, attain some designated uses. The natural resource value of the Raquette River as spawning and nursery habitat is high; therefore, the monitoring priority to determine the use attainability in this DU is high. The Raquette River mean summer high water temperature is 24.07°C (± 1.78). The highest temperature seen in this river in 2008 was 23.58°C (74.4F) on July 15. There was a simultaneous drop in DO, to 9.59 mg/l. In 2008, however, the lowest observed DO (8.08 mg/l) was sampled on July 29.

There is low concern for disease causing bacteria in the Raquette River during base-flow conditions but the risk is considered moderate after rain events. In 2007 the biweekly mean concentration of pathogen indicator bacteria during base-flow conditions was 36 cfu/100ml (± 8.75).

Saint Lawrence River

The Saint Lawrence River unit is listed as a Category 4A for Federal Superfund sites owned by General Motors Corp. (GM, EPA ID# NYD091972554) and Alcoa Inc. (formerly Reynolds Metal Company; EPA ID# NYD002245967).

Associated pollutants in these areas are polychlorinated biphenyls (PCBs), phenolic compounds, polycyclic aromatic hydrocarbons (PAHs), cyanide, Al, dioxins and furans (ATSDR,1999; EPA 1992, 1993).

Little Salmon River

The HUC for the Ft. Covington site is 12-041503070305, Little Salmon River, English- Salmon Subbasin. DRAINAGE AREA.--92.2 mi². PERIOD OF RECORD.-- Occasional low-flow measurements, water years 1954-55, 1957. August to November

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1957, July 1958 to March 1995, annual maximum only--1996-98, April 2002 to current year. REVISIONS HISTORY.--WDR NY-82-1: Drainage area. GAGE.--Water-stage recorder and crest-stage gage. Datum of gage is 173.91 ft above NGVD of 1929. Prior to July 1958, at site 100 ft upstream at datum 0.72 ft higher. REMARKS.--Water Years 2014-16: Records good except those for estimated daily discharges, which are poor. EXTREMES FOR PERIOD OF RECORD.--Maximum discharge, 3,420 ft³/s, Mar. 31, 1998, gage height, 13.27 ft, from floodmark; minimum discharge, 8.0 ft³/s, Aug. 6, 7, 1965

Surface Water Rights

There are no surface water rights restrictions for the waters of the Saint Regis Mohawk Reservation.

Ground Water

Bedrock is lower Paleozoic dolomite and subordinates sandstone overlying Precambrian crystalline rocks. The bedrock is covered nearly everywhere with glacial drift. Two till sheets are present, separated at least locally by interbedded washed drift and till. The till is covered by stream, lake and marine deposits of sand, gravel and clay.

The most important aquifers are in the bedrock. The upper part of the rock forms a single confined (artesian) aquifer; one or more aquifers are present at deeper levels in the bedrock. The bedrock aquifers are recharged by a percolation from the overlying deposits in inter-stream tracts; they drain into the major surface streams. The unconsolidated deposits in each inter-stream tract form an unconfined aquifer, and confined aquifers are recharged by percolation from the land surface, and discharge downward into the bedrock and upward laterally into swamps and surface streams.

Ground Water Quality The ground water, characteristically, a calcium magnesium bicarbonate water, is of good chemical quality except for excessive hardness, objectionable concentrations of iron in water from some wells, and high concentrations of dissolved solids and chloride in water from deeper parts of the bedrock. Many water supplies from the deeper bedrock aquifers must be artificially softened for domestic and some industrial uses. The deeper water, which may be Champlain Sea water, older sea water (connate water), water which has been in contact with buried deposits, or a combination of such waters, has been diluted and partly flushed from the rock by water percolating from above. The deeper water is found most commonly in wells along the rivers, where it is discharging from the bedrock. Many of the wells which yield the deeper water also yield hydrogen

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sulfide; in some cases wells yield natural gas (methane) in non-commercial quantities.14

Great Lot 28

Most aquifers were deposited in low-lying areas such as valleys or plains during deglaciation of the region. Thick, permeable, well-sorted sand and gravel deposits generally yield large quantities of water, greater than 100 gal/min. Thin sand, sand and gravel deposits, or thicker gravel units have a large content of silt and fine sand, yield moderate amounts of water, 10 to 100 gal/min. Wells dug in till and those drilled in bedrock commonly yield less than 10 gal/min. (USGS).15

Ground Water Use

Ground water is utilized for individual family water supply wells. Many wells are being abandoned as the Tribe extends its municipal water supply to all areas of the reservation.

The Great Lot Ft. Covington site has 1septic system on site and 1 drilled well.

Ground Water Rights

There are no ground water rights restrictions for the waters of the Saint Regis Mohawk Reservation or Great Lot 28.

Air Quality

Ambient Air Quality

The air quality in Akwesasne is considered to be good. Although the reservation is located in the Ozone Transport Region the Ozone every year averages around 30-35 Parts Per Million (ppm) for the entire Ozone season. (April-October). During the season there is usually just one 8-hour exceedance in the lowest level around 78-85 ppm. The Tribe has been part of the National Atmospheric Deposition Program (acid rain program) for over eight years. The past eight years of data has shown an increase on the pH of the atmosphere from 4.41 at its lowest to 4.72 at the highest The overall trend is that the atmosphere is becoming less acidic. Other analytes have a decreasing trend with the exception of Sodium and Potassium which have had a slight increase over the past 6 years.

14 Ground-Water Resources of the Massena-Waddington Area, With Emphasis on the Effect of Lake St. Lawrence on Ground Water. Trainer, Frank W., Salvas, Edward H. U.S. Geological Survey. 1962. 15 USGS. Potential yields of wells in unconsolidated aquifers in upstate New York-- Adirondack sheet. Water-Resources Investigations Report. 1988.

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The average temperature in this area has been steady around 40-42°F but the past two years have seen an increase. In 2006 the average temperature was 54.3°F and in 2007 was 44.6°F.

The Great Lot 28 Site can be considered to be of the same air quality as that of Akwesasne.

Achievement

The air quality in Akwesasne according to the national standards is considered in attainment or meets the standards for all criteria pollutants. With the closing of industries located around Akwesasne the number of pollutants has decreased but with the expansion of tribal enterprise traffic may be a major source of pollution for the area.

Visibility

The Air Quality Index (AQI), which includes visibility, for the area is generally Very Good to Good with infrequent indices of Moderate to Very Poor.16

Living Resources

Wildlife17

Terrestrial

Mammals - The largest carnivores in the ecozone are the black bear, wolf and bobcat, while the large herbivores are the moose and white-tailed deer. The smaller carnivores that can be found include coyote, raccoon, skunk, red fox, and river otter. Some of the smaller herbivores here are the grey squirrel, black squirrel [sic], red squirrel, southern flying squirrel, eastern cottontail, snowshoe hare, beaver, white-footed mouse, southern bog lemming, and groundhog (woodchuck). The only marsupial is the opossum. Other animals include marten, muskrat and mink.

Birds- Characteristic birds of prey include red-shouldered hawk, cooper's hawk, broad-winged hawk, northern goshawk, screech owl, northern saw-whet owl, short-eared owl, long-eared owl, and turkey vulture. Among the numerous songbirds are the red-winged blackbird, grasshopper sparrow, Baltimore oriole, Carolina wren, ruby-throated hummingbird, cedar waxwing, whip-poor-will, Henslow’s sparrow, purple finch, cardinal, blue jay, brown creeper, and sedge wren. Some of the birds of the forest include ruffed grouse, wild turkey, northern

16 Cornwall: 2008 History. Ministry of the Environment. Ontario. http://www.airqualityontario.com/reports/aqisearch.cfm?stationid=56051&this_date=2008-12- 17 Mixwood Plains. The Canadian Biodiversity Web Site. http://canadianbiodiversity.mcgill.ca/english/ecozones/mixedwoodplains/mixedwoodplains.htm 37

flicker, northern bobwhite, wood thrush, mourning dove, downy woodpecker, red- headed woodpecker, and pileated woodpecker. Waterfowl include Canada goose, American black duck, wood duck, northern pintail, blue-winged teal, and mallard. Some of the wading birds and shorebirds are the green heron, great blue heron, spotted sandpiper, upland sandpiper, American bittern, common snipe, killdeer, black tern, and yellow rail.

Insects - Some of the insects found here are the German cockroach, American cockroach, eastern metallic green wood borer, red turpentine beetle, European earwig, boreal spittlebug, silver-spotted skipper, spring azure, American copper, monarch butterfly, mourning cloak, eastern black swallowtail, European mantis, migratory grasshopper, and walking stick.

Important forest insect species that are pests include gypsy moth, forest tent caterpillar, eastern tent caterpillar, and the sirex woodwasp. Insects threatening forests but not yet known to occur on the reservation include the Emerald Ash Borer and the Asian Longhorn Beetle and the Hemlock Wooly Adelgid.

Aquatic

Reptiles and Amphibians - Many species of reptiles and amphibians are found here. The frogs and toads that live in the Mixed wood Plains include the tetraploid gray tree frog, striped chorus frog, northern leopard frog, wood frog, bullfrog, green frog, pickerel frog, American toad, and spring peeper. Several salamander and newt species, such as the mudpuppy, eastern newt, blue-spotted salamander, Jefferson salamander, yellow-spotted salamander, and eastern redback salamander, live here. Eight species of turtles are common to the area, including stinkpot, common snapping turtle, wood turtle, map turtle, spotted turtle, spiny soft-shell, blanding's turtle, and painted turtle. The most common snake is the eastern garter snake, but other snakes include eastern ribbon snake, Butler's garter snake, northern water snake, redbelly snake, smooth green snake, ringneck snake, brown snake, eastern hognose snake, Massasauga (Mississauga), and queen snake. The sole lizard is the five-lined skink.

Fish- The large number of introduced fish is largely the result of shipping and canals, which have allowed invasive species to move through the area. Lampreys are the most famous of the invasive fish in the Great Lakes. Predatory fish in the waters of the area include lake sturgeon, long nose gar, walleye, bowfin, white perch (introduced), brown trout (introduced) , brook trout, lake trout, common carp (introduced), channel catfish, Atlantic tomcod, northern pike, muskellunge, rock bass, smallmouth bass and largemouth bass. They prey on such fish as the cisco (lake herring), lake whitefish, bluegill, yellow perch, sunfish, pumpkinseed, spottail shiner, freshwater drum, central mudminnow, brown bullhead and golden shiner. The anadramous fish, who live in the ocean but come into freshwater to breed, include kokanee (sockeye) salmon, rainbow smelt (introduced), alewife,

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sea lamprey (introduced), American brook lamprey, silver lamprey, and northern brook lamprey.

Molluscs- The molluscs include the brown mystery snail, valve snail, ordinary spire snail, river-bank looping snail, great lakes horn snail, oval lake-limpet, black sand-shell, eastern elliptio, olive hickory-nut, giant floater, cylindrical papershell, squawfoot, triangle floater, elktoe, spike, creek heelsplitter, green floater, eastern lampmussel, pocketbook, yellow lampmussel, tidewater mucket, eastern pondmussel, rainbow eastern pearlshell, and eastern floater. Molluscs with no common name include anodonta cataracta and lampsilis ochracca. Invasive species include quagga mussels, Asian clam, and the zebra mussel, a relatively recent invader that has caused widespread damage to natural and human systems in the Great Lakes.18

T&E

There are no Federally listed Threatened and Endangered Species on the reservation. The bald eagle, known to occur on the reservation, has been delisted. The eagles continue to receive protection under the Bald and Golden Eagle Protection Act (BGEPA).19

The State of New York has identified areas in the proximity of the Great Lot 28 site as having Rare Plants or Animals and State Regulated Wetlands (Map attached).

Vegetation

Urbanization and agriculture have reduced the ancient forests drastically. A mix of coniferous and deciduous trees are found here. Some of the coniferous trees include white pine, red pine, eastern hemlock, black spruce, eastern red cedar, and eastern white cedar. Sugar maple, red maple, striped maple, silver maple, red oak, white oak, chestnut oak, chinquapin oak, white elm, slippery elm, yellow birch, paper birch, black walnut, butternut, eastern cottonwood, trembling aspen, balsam poplar, basswood, blue ash, black ash, sassafras, tulip tree, sycamore, cucumber-tree, shagbark hickory, bitternut hickory, red mulberry, and Kentucky coffee-tree are some of the deciduous trees. Other plants include the downy serviceberry.

Plants are very important to the Mohawks, as they are used for healing, containers, building, food and ceremonial practices. Several culturally significant plants include: sweet-grass, black ash, white ash, hickory, sugar maple, poplar, wild ginger, Gold thread, Boneset, Heal all, Pepper plant, Sweet

18 Approved IRMP, St. Regis Mohawk Tribe. 19 U.S. Fish and Wildlife Service. www.fws.gov/northeast/nyfo/es/CountyLists/FranklinDec2006.htm. 3/12/08. 39

flag, Witch hazel, Partridge berries, American Elm (rock elm, swamp elm), Slippery elm, Ginseng, and sassafras.

Ecosystems and Biological Communities20

Terrestrial Communities - Successional northern hardwoods is a hardwood or mixed forest that occurs on sites that have been cleared (for farming, logging, etc.) or otherwise disturbed. The dominant trees are two or more of the following: quaking aspen, big-tooth aspen, balsam poplar, pin cherry, black cherry, red maple, white pine, paper birch, gray birch, white ash, green ash or American elm.

Characteristic birds include chestnut-sided warbler, Nashville Warbler, yellow- bellied sapsucker.

Successional old field is a meadow dominated by forbs and grasses that occurs on sites that have been cleared and plowed (for farming or development), and then abandoned. Characteristic herbs include goldenrods, bluegrasses, timothy, quack grass, smooth brome, sweet vernal grass, orchard grass, common chickweed, common evening primrose, old-field cinquefoil, calico ester, New England aster, wild strawberry, Queen-Anne’s lace, ragweed, hawkweeds, dandelion, and ox- tongue. Shrubs may be present but collectively they have less than 50% cover in the community. Characteristic shrubs include gray dogwood, silky dogwood, arrow-wood, raspberries, sumac and eastern red cedar. A characteristic bird is the field sparrow. This is a relatively short-lived community that succeeds to a shrubland, woodland, or forest community.

Successional shrubland is a shrubland that occurs on sites that have been cleared (for farming, logging, development, etc.) or otherwise disturbed. This community has at least 50% cover of shrubs. Characteristic shrubs include gray dogwood, eastern red cedar, raspberries, hawthorne, service berries, chokecherry, wild plum, sumac, nanny-berry, arrow-wood, and multiflora rose. Characteristic animals include American robin, willow flycatcher, blue-winged warbler, and rat snake.

Open uplands is a subsystem that includes upland communities with less than 25% canopy of tree cover; dominant species are shrubs, herbs, mosses, lichens. Includes grasslands (dominated by grasses and sedges), Meadows and shrublands.

Sand beach is a sparsely vegetated community that occurs on unstable sandy shores of large freshwater lakes.

20 Ecological Communities of New York State (Reschke 1990). New York State Department of Environmental Conservation. 40

Riverside ice meadow is a meadow community that occurs on gently sloping cobble shores and rock outcrops along large rivers in areas where winter ice floes are pushed up onto the shore, forming and ice pack that remains until late spring. The ice scours the meadow, cutting back woody plants. The ice pack deposits organic matter that has accumulated in the ice during the winter, apparently enriching the sandy soils of the cobble and rock communities. There are two to three vegetation zones that vary with moisture and elevation. A narrow zone of seepy, wet meadow; characteristic species include sweet-gale, twig-rush, Canadian burnet, stiff willow, silky dogwood, three-way sedge, slender spike rush, beak rush, cranberry, brook lobelia, and rose pogonia. Cobble shores are broad and the soil is coarse and dry. Dominant grasses are big bluestem, little bluestem, and Indian grass. The dry meadow zone is characterized by sweet-fern, woodland sunflower, meadow-sweet, sand-cherry, butterfly weed, wild rose, frost weed, and bush-clover. There may be a shrubby zone that includes some tree saplings and seedlings, such as hazelnut, virgin’s-bower, bush honeysuckle, ostrich fern, red raspberry, deer-tongue grass, and flat-top white aster.

Successional fern meadow is a meadow dominated by ferns that occurs on sites that have been cleared (for logging, farming, etc.) or otherwise disturbed. Characteristic ferns that may be dominant include bracken fern and hay scented fern. Other plants include blueberries.

Agriculture

There is approximately 1,600 acres active and inactive agricultural land on the reservation. There are several small subsistence farms operating on the reservation and many small gardens and fruit crop orchards.

Agriculture declined over the last century and continues today due to residential and commercial development. Remaining pasture areas represent about 10% of land on the reservation. Poor drainage has been a limiting factor for agricultural production. Water drainage ditches were excavated in the 1930’s to enhance agricultural operations but have filled in or dammed by beaver since then causing flooding. Maintenance by government authority of the ditches has not occurred since their construction. Low percent grades, 0.1 % and flatter due to the topography of the reservation further limit good agricultural drainage.

Forty percent of the reservation soils are is hydric soils, an indicator of wetlands. In order to improve agricultural yields better drainage and soil management is required.21

The Great Lot 28 is comprised largely of deep, moderately well drained soils.

21 USDA, NRCS. Soil Survey of Akwesasne Territory: St. Regis Mohawk Reservation. 41

Cultural Resources

The cultural resources of the Saint Regis Mohawk Reservation are diverse, rich and complex shaped by pre-colonial times, European settlement and conquests for land and riches of the resources. Prehistoric archaeological resource potential is said to be defined by elevation and linear distance to water and dictated by changing geological conditions.

Activities of today may have a profound effect on cultural resources, including timber harvesting. Researchers have found that limited development has increased the probability that areas on the reservation may house undisturbed sites.22 As the reservation drives toward economic development and housing to meet the needs of a growing community, some sites may soon be disturbed. Cultural experts have called for consideration to be given to “natural areas” that support native medicinal plants and trees23.

Cultural Artifacts

Cultural artifacts have been found by community members and the Tribal Historic Preservation Officer (THPO) has identified and mapped culturally sensitive sites. The topography of the area lends itself to having an abundance of archaeological sites, being at the intersection for the Saint Lawrence, Saint Regis and Raquette Rivers.

Religious Properties

There are 2 traditional Mohawk Longhouses.

There are seven Christian churches. The Saint Patrick’s Catholic church, the Assembly of God church, United Methodist church, Baptist church, New Life church, and the Church of Christ and the Saint Regis Catholic church, Kateri Tekenawitha assembly hall.

There are 7 private family plot burial grounds. There are six religious cemeteries, the Saint Patrick’s Catholic church cemetery, the Assembly of God cemetery, the United Methodist church cemetery, two Saint Regis Catholic cemeteries (Kateri Tekanawitha and Saint Josephs) and the non-denominational All Souls cemetery.

Archaeological Resources

Two (2) mounds, Beauchamp’s (1900) and Parker’s (1929) are documented in the area. Exact location is protected information. The mounds may represent a series of larger clusters24.

22 Scardera, Francis. Archaeology in Akwesasne. A preliminary review of the archaeological context in Akwesasne and its surrounding areas, St. Lawrence and Franklin Counties. 2006. 23 Ibid. 24 Scardera, Francis (Francesco). Archaeology in Akwesasne. 2006. 42

Adzes and projectile points held at the Akwesasne Museum on the reservation were found by community members over the years.

A site nearby the Tribe’s casino construction project was protected from development due to concerns that the site may have high potential for cultural or archaeological significance.

Socioeconomic Conditions

Employment and Income

65% of the population is in the labor force. The mean travel time to work is 11.8 minutes. 75.1% are private wage and salary workers, 18.9% are government workers, 6.0% are unpaid family workers. The median household annual income is $32,664. 15.7% earn less than $10,000 annually and 21.4% earn $35,000 to $49,999 annually 21% have social security income

Primary industry is manufacturing (12.4%), retail trade (13.8%) and education, health and social services (20.5%).

There are 21 construction companies, 15 restaurants, 14 gas stations and several convenience and specialty shops on the reservation. There are approximately 106 Tribal registered businesses on the reservation.

Demographic Trends

The median age is 30.3, 49.6% is male, 50.4% is female. 61.5% of the population is 21 years and older. The average family size is 3.44 and the average household size is 2.97.

The population for the Saint Regis Mohawk Reservation is 5,00025; it was projected to double from 1990 to 2010 (base figure 3,36326). The number of tribally enrolled members is 11,70327.

The 1990 census population on the reservation was 1,974, which is considered to be inaccurate. Census data for the reservation indicates that the population has grown, though this number traditionally is unreliable as tribal enrollment (6,236) and those living on the reservation as their primary home address have increased markedly (3,631). The increase in population might well be due to recent socioeconomic improvement in the area, resulting in many people moving back to the Reservation. The Tribal Council believes that the population growth will continue at a steady rate.

25 St. Regis Mohawk Tribe, Tribal Clerk estimate 2004. 26 Lamb, Richard F. AICP. “Population Report, St. Regis Mohawk Tribe, Comprehensive Development Plan Project.” January, 1990. Center for Earth and Environmental Science, State University of New York at Plattsburgh. 27 United States Department of the Interior, Bureau of Indian Affairs, Office of Indian Services. 2005 American Indian Population and Labor Force Report. 43

The town of Fort Covington, where Great Lot 28 is located, is 50.2% male, 49.8% females, the median age is 42.0 years. The median household income is $51,583. The population is 82.5% white, 10.3% Native American, 3.8% mixed race, 2.8% Hispanic, 0.5% Black and 0.06% Asian.

Lifestyle and Cultural Values

The attitudes and values of the community are diverse, reflecting a rich heritage while adapting to contemporary society. With respect to natural resources, the Mohawk’s retain an understanding and acknowledgement of the interconnectedness between human life and the environment.

During a survey conducted in the community it was learned that the most common natural resource-related activities that tribal members were involved were boating, swimming and fishing. Tribal members’ listed five concerns for natural resources, water pollution, air pollution, open dumping, littering and contaminated fish. Additional concerns were for wildlife health, biodiversity, endangered species and invasive species.28

Tribal members participate in modern contemporary society, relying on employment with industry, services, construction and institutions. Traditional values are integrated into contemporary lifestyles including participation in ceremonies, expression in art (basket making), fishing and hunting practices, and beliefs.

The Mohawk community feels strongly about identity, sovereignty and self-sufficiency. The fastest growing segments of the local economy are gaming and retail services. The Tribe operates two successful and growing gaming enterprises that employ several hundred tribal members and non-tribal members. Retail services, gas stations and other shops, provide goods and services to clientele who come from surrounding communities to enjoy savings on fuel and tobacco products.

The Occupation by Trade for Ft. Covington consists of Health Care and Social Assistance, Educational Services, Retail, Construction and, Agriculture in that order, with other occupations to a lesser degree.

Resource Use Patterns

Agriculture

28 Lauber, Bruce T., Knuth, Barbara A., Brown, Tommy L. Natural Resource-Related Activities and Concerns on the St. Regis Mohawk Reservation. Department of Natural Resources, Cornell University. July 2006. 44

Agricultural activities on the reservation are very limited. Shifts in the economy and environmental contamination promoted loss of agriculture as a significant activity on the reservation. There are several small operations on the reservation ranging from small community gardens to raising beef cattle. There remains a strong interest to redevelop agriculture on the reservation. Much former agricultural land remains inactive and is reverting to various stages of succession in plant habitat. Some of this land may be suitable for forest reestablishment.

Great Lot 28 is a former agricultural lot utilized for pasture and hay production with a minor woodlot component. There is nothing unique about the sites agricultural features since the entire area is predominantly pasture, hay or corn crop.

Hunting, Fishing, Gathering

Tribal members continue to hunt, fish and gather. However, fears for contamination of resources have diminished usage to levels of concern. Tribal members who participated in phone surveys and focus groups during the development of the Approved IRMP stated a concern for increasing the quality of these resources and increasing interest in younger generations in participating in these practices.

Timber Harvesting

Tribal members currently practice free use of timber resources without any defined management approaches.

Recreation

Tribal members utilize the resources for swimming, fishing, snowmobiling, ATV’s.

Transportation Networks

There are 60 roadways; 63 miles of secondary roadway, 10.5 miles NYS Route 37.

Land Use Plans

There currently are no land use regulations in effect on the reservation or the Great Lot 28 site since it has become trust land.

Other Values

Wilderness – There are no wilderness areas on the reservation or the Great Lot site. when using the term as defining areas that have not been interfered with by humans. There are small patches of habitat that are used by wildlife.

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Noise and Light – Since timber operations are conducted during daylight hours, light is not considered to be an issue. Noise will be generated from harvesting operation equipment such as chain saws, trucks, tractors, skidders and loaders.

Visual – Within the scope of the Forest Management Plan, visual features may be altered due to harvesting. Depending on the location, type of timber and type of harvesting the impacts can be dramatic. A clear cut is an example of a dramatic visual impact. Other visual impacts are the installation of skid ways, slash piles and operations of equipment. Appropriate harvesting strategies and practices can minimize visual impacts, e.g. partial cut rather than clear cut.

Environmental Consequences

The purpose of this section is to present environmental consequences as a result of the development and implementation of a forest management plan on the Saint Regis Mohawk Reservation and Great Lot 28.

Forest Lands

AMA 1 – No Action: The effect of no-action, the continuation of a Custodial Plan, will be:

• Widespread negative impacts to the Tribe’s forestry resources as a result of EAB and the inability to conduct forest insect pest treatments, e.g. management of EAB on a scale that is appropriate to the level of threat.

According to the USFS EAB population production projections based on overall ash inventory data for the reservation, 185 million adult EAB could be produced. rom the FMP), the ash size distribution across all stands is shown below. At the time of the projects, 2014, merchantable ash stems (10 inch DBH or greater) made up 16.7% of total ash stems and could produce 43% of the total potential EAB adults that could be produced. Black ash represented more than 10% of the ash stems in 8 of the 19 stands.29

• The ability to utilize fire treatments to manage invasive plant species will not be available. Fire management can help maintain natural habitats, increase forage for wildlife, reduce fuel loads that might otherwise lead to catastrophic wildfire, and maintain natural succession.30 Further, there are eleven major reasons for

29 Siegert, Nathan W. Brief Summary of Potential EAB Production. Message to Leslie Benedict. 17 June 2014. E-mail. 30 Brooks, M. and M. Lusk. 2008. Fire Management and Invasive Plants: a Handbook. United States Fish and Wildlife Service, Arlington Virginia, 27 pp. 46

American Indian ecosystem burning, which are derived from well over 300 studies…Hunting, Crop Management, Improve growth and yields, Fireproof areas, Insect collection, Pest management, Warfare and Signaling, Economic Extortion, Clearing areas for travel, Felling Trees and Clearing riparian areas31.

• Land acquisitions containing forest lands will not have the benefit of forest management activities.

AMA 2 – Active Management Plan, Revised Fire Management Plan:

The effects of implementing an Active Management Plan and revising the Fire Management Plan, are:

Forest Management Planning Activities - Implementation of Stand Improvements in Response to EAB

While no large scale harvests are being planned specific stand improvement activities can take place, activities such as forest insect pests and invasive plant species management can occur.

Modification of the Custodial Plan to an Active Plan opens up management options for reducing impacts to forests from EAB. The USFS created an addendum for the FMP with regard to EAB concerns. The revision presents forest management options with the goal to reduce EAB risk in forest stands. Specifically, the strategies are:

• Forest stands with a minor component (<20%) of ash—If potential economic damage is low, continue normal long-term management of the stands, because management goals can be met even if all of the ash die or are harvested as a result of EAB infestation. However, ash may be considered a less desirable species and consideration may be given to thinning ash to shift stand to best residual (non-ash) trees. Openings may need to be monitored and/or treated for intended regeneration.

• Forest stands with a medium component (20%-40%) of ash— If potential economic damage is moderate, normal long-term management of the stands may be continued, but reduce the proportion of ash during scheduled stand entries. The target for ash in these stands would be <20% of the species composition, while still leaving well-stocked stands. This target allows for meeting long-term management objectives in the event that all of the remaining ash are killed or harvested due to EAB infestation. Some stands may need multiple entries to

31 Williams Gerald, W., Ph.D. References on the American Indian Use of Fire in Ecosystems. June 12, 2003. 47

achieve the goal of reducing the ash component to <20%. Ash with low vigor and poor form should be removed first.

• Forest stands with a major component (>40%) of ash— If potential economic damage is high, long-term management activities may be continued while considering harvesting high-value ash and low-quality residual non-ash trees to favor desirable species and quality trees. Development of a regeneration plan may be critical if natural regeneration is limited. In general, either one of two timing options may be considered:

1. Reduce the proportion of ash during scheduled stand entries, following the standard order of removal guidelines when selecting trees to retain and remove, except that no more than 20% of the crop trees should be ash. Multiple stand entries will be needed to reduce the ash component to the target level. This timing option may be preferred if known EAB infestations are more than 15 miles away (see below).

2. Convert the stands to other species, regardless of the rotation age. Attempt to keep the stands fully stocked while favoring non-ash species and removing all ash trees and ash regeneration. Other options may need to be considered if the above actions are not practical because of harvesting impacts or because management objectives cannot be met. This timing option may be preferred if known EAB infestations are less than 10 miles away (see below).

While the potential economic impacts of EAB infestation are dependent on the ash inventory of a stand, the proximity to known EAB infestations play an even greater role in the risk of a stand becoming infested. Forest stands more than 15 miles from known EAB infestations may be considered low risk for EAB invasion over the next 5 years, whereas stands within 10 miles of known EAB infestations are at a higher risk of EAB invasion in the next 5 years. That estimate, however, is highly dependent on human-aided movement of EAB-infested material. For instance, forest stands located within a quarantined area may be at a higher risk of infestation because infested ash material may move freely within the quarantined area, increasing the likelihood of rapid spread of EAB in the area. As a result, the following recommendations should be considered regarding proximity to known EAB infestations:

• Forest stands located more than 15 miles from a known EAB infestation—These stands are generally low risk for EAB invasion in the next 5 years. Manage the stands with ash according to the general silvicultural guidelines outlined above.

• Forest stands located less than 10 miles from a known EAB infestation— These stands are at a higher risk for EAB invasion in the next 5 years. Salvage and pre-

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salvage harvest of all or most of the ash is recommended because these trees are at high risk of being killed by EAB. Manage the residual stand according to silvicultural guidelines for the cover type if the residual stand still meets minimum stocking standards (C-line). If the residual stand does not meet minimum stocking standards, regenerate the stand to non-ash species according to silvicultural guidelines for the appropriate cover type.

Utilization of Fire as a Management Tool

The reduction of Hazardous Fuels is used to modify the structure, distribution and vegetation type on a landscape32. They can be used to meet Tribal goals, objectives and reach desired conditions such as reduced fire threat and management of invasive plant species. The proposed action will allow the use of prescribed fire to allow the Tribe to meet natural resource management goals for invasive plant species.

Incorporation of recent land acquisitions containing forested areas into forest management and planning. The Tribe has the responsibility to manage forest lands on these properties.

• Great Lot 28, St. Regis Indian Reservation, Town of Fort Covington, County of Franklin, and State of New York, 39.418 acres (Warranty Deed and map attached).

Soils

AMA 1 – No Action

Because timber harvest activities are not allowed under a custodial plan, there would be no negative or adverse impacts to soils. However, some impacts, such as erosion, and compaction could result from other activities such as fire suppression efforts or timber trespass activities.

AMA 2 – Active Management Plan and Revised Fire Management Plan

Unless Best Management Practices (BMPs) are followed, the implementation of forest silvicultural activities can contribute to contribute to soil erosion and soil nutrient loss from rutting, mixing and compaction and the mobilization soil and contribute to erosion.

32 Reducing Hazardous Fuels. US Department of Interior, Indian Affairs. https://www.indianaffairs.gov/bia/ots/dfwfm/bwfm/fuels-management/reducing-hazardous-fuels. June 2018. 49

Timber harvest activities affect the nutrients as well as contribute to soil erosion and water quality impacts33. Petroleum products from harvest equipment will be discharged onto the soil. Timber harvesting can have a negative effect on soils chemical, physical and biological properties by equipment rutting, mixing and compaction, reducing the availability of water, oxygen and nutrients for other flora and fauna.

An important part of an Active Management Plan is the planning of forest management activities including harvesting operations designed to implement a practice or combination of practices to be the most effective means of preventing and reducing soil erosion, soil compaction, rutting, runoff, and the overall amount of pollution that impacts water quality and soil degradation.

Water Resources

In general, timber harvest activities can contribute to soil erosion and water pollution from runoff if it is not properly managed or controlled during timber harvest activities. Water pollution concerns currently being experienced by the Tribe with runoff and nutrient loading from agricultural operations upriver of the reservation can be increased unless properly managed.

AMA 1 – No Action

There are no commercial timber harvests under a custodial management plan, therefore there will be no effects to water resources.

AMA 2 – Active Management Plan and Revised Fire Management Plan

An active Forest Management Plan will implement BMPs during planned forest management activities to minimize the effects on water quality. Protecting water quality is an important part of forest management where activities may include harvesting, thinning, pest management, etc. Potential impacts include:

• Water quality degradation from runoff • Introduction of forest chemicals (herbicides, insecticides, fungicides, fertilizers, petroleum) • Deposition of logging debris in waterways. • Disturbance of the litter layer, increasing runoff and erosion rates by several magnitudes • Compaction of soil that in turn increases erosion and runoff and therefore the transport of nutrients and detrimental effects on water quality • Consequential disturbance of vernal pools if BMPs are not followed

33 Mann, L.K., D.W. Johnson, D.C. West, D.W. Cole, J.W. Hornbeck, C.W. Martin, H. Riekerk, C.T. Smith, W.T. Swank, L.M Tritton, and D.H. Van Lear. 1988 Effects of Whole-tree and Stem-only clear – cutting on Postharvest Hydrologic Losses, Nutrient Capital and Site Productivity. Forest Science 34 (2): 412-428. 50

• Accidental discharge of oil and gas products into surface waters without planning and implementation of BMPs

Prescribed fire has limited effects on soil, nutrient cycling and hydrologic cycles from burned vegetation but aren’t considered to have any appreciable impacts on water quality.

Air Quality

AMA 1 – No Action

There are no commercial timber harvests under a custodial management plan, therefore there will be no effects to air resources.

AMA 2 – Active Management Plan and Revised Fire Management Plan

Overall forestry harvesting operations produces emissions due to fuel, chainsaw and hydraulic oil consumption. Exhaust emissions includes carbon dioxide, carbon monoxide, nitrogen oxides, hydrocarbons and particulate matter. Non-road engines emit volatile organic compounds and nitrogen oxides, which contribute to air pollution including ozone. Exposure to ozone can cause human health problems.

Prescribed fire under the Fire Management Plan has the potential for impacting air quality through the production of smoke. Smoke is made up of a mixture of gases and fine particles that are produced when fuels are burned.

Wildlife, Ecosystems and Biological Communities

Habitat can be altered by timber harvest to the benefit of various wildlife including game animals such as ruffed grouse and rabbit, see figure 1 and 2 for models. Forestry activities, and in particular harvesting is documented to have varying effects on species richness, animal interactions between forests and adjacent areas34. A study of logging operations indicated effects on both the composition and diversity of moth and butterfly populations35, indicating consideration for managed cuts that provided for recovery of trees following a harvest to allow for reduced impact on the genus. The Menominee have evaluated the effects of timber harvest on Red-Shouldered Hawks36.

• Forest harvest activities create openings and edge that increases bird diversity • Forest harvest may adversely affect several forest-interior bird species (e.g., worm-eating warbler, wood thrush, northern goshawk, barred owl) • Forestry operations may promote the introduction of invasive insect species

34 Liu, Jianguo, Ashton, Peter S. Simulating Effects of Landscape Context and Timber harvest on Tree Species Diversity. Ecological Society of America. Volume 9, Issue 1. February 1999. 35 Summerville, Keith S. Crist, Thomas O. Effects of Timber Harvest on Forest Lepidoptera: Community, Guild, and Species Responses. Ecological Applications. 12(3) 2002, pp. 820-835. 36 Woodford, James. E. Effects of Timber Harvest on Red-Shouldered Hawks in the Menominee Indian Reservation. 51

• Coarse woody debris from timber harvest provide an important habitat component for small mammals • Deer use clear cuts created by timber harvesting, possibly increasing deer populations for a period of time • Forest harvest will create forest edge zones, increasing wildlife density and activity

Figure 1 Wildlife Model, Ruffed Grouse

Figure 2 Wildlife Model, Eastern Cottontail

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Insects, some important to game bird species37, birds38 and amphibian populations39 are the subject of study by experts concerned with forestry impacts on wildlife populations and diversity.

Terrestrial

AMA 1 – No Action

Wildlife species vary and each species ability to thrive depends on certain forest characteristics governed by disturbances, natural or human. Gray squirrel depends on the characteristics of a mature forest whereas others, Ruffed Grouse, depend on early successional forests.

Forest disturbances lead to a diversity of wildlife. No action, no management, can result in less diversity due to greater forest maturity.

AMA 2 – Active Management Plan and Revised Fire Management Plan

An Active Management Plan that includes disturbances such as thinning or harvesting activities can result in benefits to wildlife habitat, diversity and abundance.

Increased disturbances result in: • Early successional habitat can have up to 20 times more fruit from species like blackberry and pokeweed • Increased nesting and roosting areas • Bluebirds, bobwhites, and sparrows favor disturbances • Ruffed grouse forage in disturbances • Warblers prefer patch landscapes • Stands not experiencing natural and patch disturbance experience reduction in vigor and carbon uptake due to crowding for light, inadequate nutrient cycling and low regeneration

37 Hollifield, B. Kip, Ralph W. Dimmick. Arthropod Abundance Relative to Forest Management Practices Benefiting Ruffed Grouse in the Southern Appalachians. Wildlife Society Bulletin 1995. 23(4):756-764. 38 Germaine, Stephen S., Stephen H. Vessey, Vavid E. Capen. Effects of Small Forest Openings on the Breeding Bird Community in a Vermont Hardwood Forest. The Condor. 99:708-718. The Cooper Ornithological Society. 1997. 39 Hannon, Susan J., Cynthia A. Paszkowski, Stan Boutin, Jordan DeGroot, S. Ellen MacDonald, Matt Wheatley, and Brian R. Eaton. Abundance and Species Composition of Amphibians, Small Mammals, and Songbirds in Riparian Forest Buffer Strips of Varying Width in the Boreal Mixwood of Alberta. Can. J. For. Res. 32(10) 1784-1800. 2002. 53

Aquatic

AMA 1 – No Action

With the threat of forest insect pests and invasive plant species and no active management plans there is the potential for impacts to aquatic organisms. Phragmites australis, as an example, produces excessive litter reducing the mobility of juvenile fish40. One source cited slower development rates of frog tadpoles under high Phragmites reed densities with implications of exposure to the risk of pond drying out and to predators41.

Impacts due to the loss of ash from EAB, black ash in particular, has a high potential to indirectly affect amphibians and aquatic invertebrate communities due to hydrologic changes that shift food web structure in an aquatic environment. Amphibians and aquatic invertebrates serve as linkages between aquatic and terrestrial communities42.

AMA 2 – Active Management Plan and Revised Fire Management Plan

Without effective management and planning an Active Management Plan has the potential to produce negative effects on aquatic organisms. When trees are removed or harvested there are less trees to take up precipitation, less shade to slow snowmelt and impact water quality that in turn can change in-stream habitat and aquatic organisms living in those habitats. In-stream habitat changes that can occur include higher water temperatures and exposure to UV light.

Threatened & Endangered (T&E) Species

AMA 1 – No Action-Custodial Management Plan, AMA 2 – Active Management Plan and Revised Fire Management Plan

Neither of the alternatives, including the preferred alternative, AMA 2, Active Management Plan and Revised Fire Management Plan, will have an effect on T&E Species.

40 Sturtevant, R., A. Fusaro, W. Conard, and S. Iott, 2018, Phragmites australis australis (Cav.) Trin. ex Steud.: U.S. Geological Survey, Nonindigenous Aquatic Species Database, Gainesville, FL, and NOAA Great Lakes Aquatic Nonindigenous Species Information System, Ann Arbor, MI, https://nas.er.usgs.gov/queries/greatlakes/FactSheet.aspx?SpeciesID=2937, Revision Date: 6/3/2016, Access Date: 6/21/2018 41 Amélie Perez , Marc J. Mazerolle & Jacques Brisson (2013) Effects of exotic common reed (Phragmites australis) on wood frog (Lithobates sylvaticus) tadpole development and food availability, Journal of Freshwater Ecology, 28:2, 165-177, DOI: 10.1080/02705060.2012.750629 42 Youngquist, Mellisa B., et al. Potential Effects of Foundation Species Loss on Wetland Communities: A Case Study of Black Ash Wetlands Threatened by Emerald Ash Borer. Society of Wetland Scientists. Wetlands. 2017. 54

The Tribe utilized the U.S. Fish and Wildlife Service, online IPaC Information for Planning and Consultation website (https://ecos.fws.gov/ipac/) to explore T&E listed species and habitat for the project area. The IPaC tool resulted in the identification of the Northern Long-eared Bat (Nyotis septentrionalis) as a Threatened species. The tool indicated that, “THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.”

The IPaC tool also indicated that certain birds are under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. And that, “Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures…”

Bald Eagle Haliaeetus leucocephalus LEVEL OF This is not a Bird of Conservation Concern (BCC) in this area, but CONCERN warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.

Golden Eagle Aquila chrysaetos LEVEL OF This is not a Bird of Conservation Concern (BCC) in this area, but CONCERN warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Bobolink Dolichonyx oryzivorus LEVEL OF This is a Bird of Conservation Concern (BCC) throughout its CONCERN range in the continental USA and Alaska.

Canada Warbler Cardellina canadensis LEVEL OF This is a Bird of Conservation Concern (BCC) throughout its CONCERN range in the continental USA and Alaska.

Golden-winged Warbler Vermivora chrysoptera LEVEL OF This is a Bird of Conservation Concern (BCC) throughout its CONCERN range in the continental USA and Alaska.

Lesser Yellowlegs Tringa flavipes LEVEL OF This is a Bird of Conservation Concern (BCC) throughout its CONCERN range in the continental USA and Alaska.

Wood Thrush Hylocichla mustelina

LEVEL OF This is a Bird of Conservation Concern (BCC) throughout its CONCERN range in the continental USA and Alaska.

A consultation was made to the USFWS with the response (letter attached):

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The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). This list can also be used to determine whether listed species may be present for projects without federal agency involvement.

There is 1 threatened and endangered species in the area. It is:

Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened

No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045

Critical habitats

THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

Additionally;

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ September 18, 2018 09/18/2018 Event Code: 05E1NY00-2018-E-10195 2 eagle_guidance.html). Additionally, wind energy projects should follow the Services wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Vegetation

AMA 1 – No Action continue with Custodial Management Plan

Potential impacts to native vegetation as a result of unmanaged invasive plant species.

AMA 2 – Active Management Plan and Revised Fire Management Plan

The Active Management Plan and Revised Fire Management Plan has the potential to have varying effects on ecosystem properties and vegetation structure and composition depending on fire type (intensity, severity, frequency, timing, and scale) and forest type

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(current species composition and structure, slope, soils, microclimate, and fuel load). Potential impacts on vegetation are:

• Increasing the diversity of plants • Stimulation of fast-growing new shoots to increase plant productivity • The management of invasive plant species

Agriculture

AMA 1 – No Action, Maintain Custodial Management Plan No impacts considered to occur.

AMA 2 – Active Management Plan and Revised Fire Management Plan

Fire Management Planning and Prescribed fire can be utilized for management of plant disease and pest control and also reduce buildup of fuels. Prescribed fire may negatively impact agriculture if fires are too hot and damage soils or get out of control.

Cultural and Archaeological Resources

AMA 1 – No Action, Maintain Custodial Management Plan

Artifacts may be unintentionally disturbed or looted. Unknown cultural sites may be discovered. Unmanaged forest management activities will disturb areas where culturally significant plant species grow, open culturally sensitive areas to access and provide easier access to cultural sites and predispose them to looting.

A custodial plan includes provisions for the protection of Cultural and Archaeological specifically, through prosecution for trespass. Therefore, there will be no effect (see Saint Regis Mohawk Tribe, Tribal Historic Preservation Officer (THPO) concurrence letter).

AMA 2 – Active Management Plan and Revised Fire Management Plan

Artifacts and archaeological resources may be unintentionally disturbed or looted. Unknown cultural sites may be discovered. Artifacts and archaeological resources will be identified prior to conducting activities and minimize risk of disturbance of sites.

Religious Properties

AMA 1 – No Action

Religious properties may be unintentionally disturbed. A custodial management plan provides for the protection of Religious Properties so, there will be no effect.

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AMA 2 – Active Management Plan and Revised Fire Management Plan

Religious properties may be unintentionally disturbed as a result of forest management planning and Fire Management Plan activities.

The Tribal Historic Preservation Officer requested that plans such as the Forest Management Plan include provisions to stop activities, such as timber harvesting, fire suppression and prescribed fire should archaeological materials be inadvertently found.43 Socioeconomic Conditions

Employment and Income

Socioeconomic condition is a broad issue that interrelationship between economic conditions, demographics, income, major events, employment and politics. These factors have implications on other phenomenon such as health, disease patterns, drug and alcohol usage and crime. The basis for socioeconomic conditions is the premise that none of these things occur in isolation from one another. Most analyses focus on economic benefits and measurements of work force, wealth and other indicators.

AMA 1 – No Action, Maintain Custodial Management Plan

A custodial plan minimizes short-term exploitation of resources, creating a positive impact for Socioeconomic Conditions by managing forest products are valued for cultural practices such as basket making. Increased yields will increase employment opportunities and income under the assumption markets will exist for timber products in the future.

AMA 2 – Active Management Plan and Revised Fire Management Plan

An Active Management Plan and Revised Fire Management Plan can result in jobs and income related to forest products if harvests are planned. Demographic Trends

AMA 1 – No Action, Maintain Custodial Management Plan and AMA 2 – Active Management Plan.

There will be no effect on demographics as a result of any of the actions.

43 Sheree Bonaparte, THPO. Interoffice Communication. March 3, 2008. 58

Lifestyle and Cultural Values

AMA 1 – No Action, Maintain Custodial Management Plan

Resources that are valued by the community will continue to be protected under a Custodial Plan.

AMA 2 – Active Management Plan and Revised Fire Management Plan Through an Active Management Plan planning for protection and enhancement of resources important to Tribal cultural and lifestyle values can be planned for.

Community Infrastructure

Public Service

AMA 1 – No Action, Maintain Custodial Management Plan and AMA 2 – Active Management Plan and Revised Fire Management Plan

Actions under these alternatives may require public services from the Tribe in the form of enforcement mechanisms to enforce regulations and to provide technical assistance to community members in achieving forest management goals. This will require the hiring of staff. Tribal staff will need to be trained in fire management and prescribed fire operations. Additional involvement will be required of the local fire department.

Solid Waste

AMA 1 – No Action, Maintain Custodial Management Plan and AMA 2 – Active Management Plan and Revised Fire Management Plan

Forest harvest roads may attract open dumping. Forest management areas may open areas to open dumping and illegal solid waste disposal.

No solid waste is expected to be generated from activities under the Revised Fire Management Plan.

Utilities

Electrical

AMA 1 – No Action, Maintain Custodial Management Plan and AMA 2 – Active Management Plan and Revised Fire Management Plan 59

There will be no effect on the electrical utilities on the reservation.

Telecommunications

AMA 1 – No Action, Maintain Custodial Management Plan and AMA 2 – Active Management Plan and Revised Fire Management Plan

There will be no effect on telecommunications.

Resource Use Patterns

Hunting, Fishing and Gathering

AMA 1 – No Action

No forest activities are planned so there will be no effect.

AMA 2 – Active Management Plan and Revised Fire Management Plan

Through Active Management activities, increased opportunities for hunting as a result of silviculture practices that open up patches that produce habitat for various game animal species.

Harvesting can alter habitat and availability of game. Harvesting can alter the types of plants available for harvest, e.g. berry plants. Forest management activities open areas up to recreational opportunities by creating trails used for hunting, ATVs, hiking and snowmobiling. Harvesting activities will likely alter cover-type and habitat and create recreational opportunities for game bird and small mammal hunting. For example, ruffed grouse prefer even-age silvicultural systems and benefit from clear cut treatments in mixed-mesic forests44. The development and implementation of a forest management plan may create recreational opportunities through the installation of skid ways and trails. Forest management planning can provide for enhancement of hunting, fishing and gathering opportunities.

Prescribed fire can increase the diversity of small mammals, birds, amphibians and insects.

Timber Harvesting

44 Dessecker, Daniel R., Gary W. Norman, Scot J. Williamson. Ruffed Grouse Conservation Plan. September 2006. Association of Fish & Wildlife Agencies, Resident Game Bird Working Group. 60

AMA 1 – No Action, Maintain Custodial Management Plan

No harvest activities will occur under this alternative so there will be no effect.

AMA 2 – Active Management Plan and Revised Fire Management Plan

Although, there are no planned harvests, silviculture activities in response to forest insect pest and invasive plant species management could result in timber harvest. Environmental effects associated with timber harvests will likely occur but can be minimized with the implementation of BMPs.

Because forest activities will be planned timber harvesting will be managed and therefore timber volume and growth will be improved.

Fire Management Plan and the use of prescribed fire has the potential of increasing timber volume and yield.

Agriculture

AMA 1 – No Action, Maintain Custodial Management Plan

No effects are considered to occur.

AMA 2 – Active Management Plan and Revised Fire Management Plan

Forest management activities under this alternative may result in loss of agricultural land if forest activities are perceived as being of greater benefit than agricultural activities. However, most agricultural land on the reservation has reverted to forest land naturally with no outside intervention.

Recreation

AMA 1 – No Action, Maintain Custodial Management Plan and AMA 2 – Active Management Plan and Revised Fire Management Plan

There will be harvest activities under a both alternatives, free use under the custodial plan and planned management under the Active Management Plan. Both are likely to result in increased recreational activities with the opening of skid roads that will be accessible by ATV and foot.

Prescribed fires are in some situations considered to result in negative perceptions by outdoor recreationists who are exposed to smoke and who view burned areas even though the longer-term effects can result in more ecologically desirable outcomes.

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Land Use Plans

AMA 1 – No Action, Maintain Custodial Plan and AMA 2 – Active Management Plan and Revised Fire Management Plan

Both alternatives support the Tribe’s IRMP. The IRMP land use goals are:

• To improve availability of land for agriculture production • To educate the community on agriculture production • To significantly reduce contamination of land to safe levels • To manage land efficiently to house the growing population • To have diverse public recreational areas

The plans does not conflict with these goals so there will be no negative effects. Human Impacts Checklist

AMA 1 – No Action, Maintain Custodial Plan and AMA 2 – Active Management Plan

There will be no effect to human health and safety from implementing either plan. Cumulative Effects

Any disturbance to a natural environment will result in cumulative effects including forests. Because most environmental systems have already been altered, degraded or changed by humans or even by other events (e.g. wind storms, insect infestation) cumulative effects can be as important a consideration as direct effects.

NEPA defines cumulative effects as “the impact on the environment which results from incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions”.45 An analysis is to identify the resources and ecosystem components that are cumulatively affected.

Cumulative effects can be considered for:

1. Whether or not the resource is especially vulnerable to incremental effects; 2. Whether the proposed action is one of several similar actions in the same geographic area; 3. Whether other activities in the area have similar effects on the resource; 4. Whether these effects have been historically significant for this resources; and

45 40 CFR §1508.7 62

5. Whether other analyses in the area have identified a cumulative effects concern46.

AMA 1 – No Action, Maintain Custodial Management Plan

The forest resources of the reservation may be considered as being in a degraded state, subjected to overcutting in the late 19th century and conversion to agricultural land in the 20th century. Essentially, the forest resources have been utilized without any clear management plan.

Pronounced effects due to invasive insect species and climate change effects, which were a concern but not an impact when the Custodial Plan was adopted contribute to measurable cumulative effects. Therefore, taking no action will result in cumulative effects having an impact.

• Without management forest health will be diminished leaving forests open to attack from insects and disease causing agents. • Unmanaged invasive plant species will contribute to the degraded of forest resources

Reiterating activities cited earlier as activities permitted under a custodial plan:

A Custodial Forest Management Plan includes activities that are implemented to ensure the long-term health and viability of the forest. They include: • Suppression of wildfires • Emergency fire stabilization and rehabilitation activities • Protection of the forest from insect and disease outbreaks • Protection from and prosecution of timber and fire trespass • Free use47 harvest of minor forest products without a permit by Tribal members

In analysis of the No Action Alternative to maintain the Custodial Management Plan there is the potential for cumulative effects. The cumulative effects could result from wildfire suppression, timber trespass activities, free use harvesting by tribal members and protection from insect and disease outbreaks.

Conceivably, wildfire suppression could contribute to soil erosion and non-point source runoff. Water resources potentially are subject to cumulative impact from these activities to the extent they are not fully considered in their respective plans. The water resources of the reservation have been affected by agricultural runoff, highway construction and hydrologic changes due to construction of seaway navigation and hydro- electric systems.

46 Consideration of Cumulative Impacts In EPA Review of NEPA Documents. U.S. Environmental Protection Agency, Office of Federal Activities (2252A0. EPA 315-R-99-002/May 1999. 47 Indian Affairs Manual. 53 IAM, Forestry. Free Use is defined as forest products harvested under the Authority of Part 53IAM and cannot be sold or exchanged for other goods or services. 63

The Tribe’s forest resources are possibly subject to cumulative effects because of previous activities, e.g. – unmanaged timber harvesting, alterations to the reservations water resources and demands for resources by commercial and residential development including infrastructure needs (roads, waterlines). Timber trespass could contribute to soil erosion, high-grading of trees and consequential degradation of genetics and species diversity, soil compaction and non-point source water runoff. Free use harvesting by tribal members could contribute to loss of genetic and species diversity by overharvest of a particular tree. Other activities that have similar effects include harvesting or land clearing for commercial and residential development purposes, roadway and utility installation and maintenance, reducing the forest resource land areas.

Protection from insect and disease outbreaks could contribute to addition of environmental contaminants to the environment adding to the effects of neighboring industrial and agricultural contaminants.

• Previous effects to forest and water resources have been historically significant. Forest resources were diminished to little more than a few clumps of pine in the late 1800’s48. The construction of the Saint Lawrence Seaway navigation system and hydro-electric power dams altered water flow, water levels and water quality that in turn affected fish resources, and human health (e.coli levels in swimming areas). Forest activities can affect the rates and pathways of water movement49 and therefore affect water quality and quantity.

AMA 2 – Active Management Plan and Revised Fire Management Plan

Limit projections of forest resource conditions and associated environmental impacts to no more than 20 years into the future; projections beyond that time frame are highly speculative and time consuming in their construction.

Limit the forest resource characterization and projections to those variables that drive future conditions and impacts, i.e., (1) forest area, (2) forest area by cover type, (3) forest area by cover type and age or stand size class, and (4) harvest by tree species, cover type and harvesting method.

Identify and incorporate changes in forest conditions due to natural causes (e.g., decline of a cover type due to natural conversion to another type), to the extent possible, in projecting environmental change and associated impacts.

It is conceivable that cumulative impacts as a result of implementing an Active Management Plan includes: • Modification of forest cover type, age and stand size class especially if management of forests is conducted in response to the threat of EAB. The

48 The Six Nations of New York. The 1892 United States Extra Census Bulletin, with Introduction by Robert W. Venables. Cornell University Press. 1995. 49 Hydrologic Effects of a Changing Forest Landscape. Water Science and Technology Board. 2008 64

percentage of ash will be reduced intentionally with silviculture treatments focused on enhancing the growth of other species, e.g. oak, maple. • The timing of silviculture treatments will alter the stand size class and age distribution and set the stage for more uneven aged stands in contrast to current even-aged stands • Modification of forest cover type will likely occur in with climate change adaptation measures. Generally, plant species will shift northward from current locations south of the reservation. Disproportionate Effects

Environmental Justice

Background on Environmental Justice Concerns of the Saint Regis Mohawk Tribe

Environmental Justice is “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies”.50

Impacts to the resources of the Saint Regis Mohawk Tribe from contaminants released by neighboring industries and the construction and operation of the Saint Lawrence Seaway and Robert Moses hydro-power projects identifies the Tribe as a community with existing environmental justice concerns. It is important to point out existing concerns and their relationship to tribal resources when discussing other actions that might add them.

AMA 1 – No Action, Maintain Custodial Management Plan and AMA 2, Active Management Plan

Both alternatives will result in positive environmental justice effects as a result of the protection of Tribal forest resources that are beneficial to tribal members. Mitigation Measures

The purpose of this section is to cover the range of impacts of the proposed action, including impacts that may not by themselves be significant. It considers specific effects important for consideration. It considers reasonable measures within the jurisdiction of the Tribe as well as outside, e.g. – applicable federal regulations. It also discusses the probability of the measures being implemented and acknowledges that certain measures may be opposed or are not likely to be enforced.

50 Basic Information. Environmental Justice. USEPA. http://www.epa.gov/environmentaljustice/basics/index.html. 65

The proposed action is to implement a Custodial Forest Management Plan. There will be no effects and therefore mitigation measures are not required with the exception that community infrastructure may be required to implement or enforce the Custodial Plan that restricts the harvesting of timber for purposes other than personal use.

AMA 1 – No Action, Maintain Custodial Plan and AMA2, Active Management Plan

Mitigation measures are similar for both AMAs.

Impacts from Wildfire suppression and from emergency fire stabilization and rehabilitation activities.

BIA policy requires certain mitigation measures to be applied to soils exposed to erosion as a result of wildfire suppression efforts. After the fire has stopped spreading and lines are secured, deep and wide fire lines and cut trenches are to be filled in, water bars constructed as necessary, and/or woody material used to act as sediment dams to help prevent erosion.

Described under the Saint Regis Mohawk Tribe, Fire Management Plan, 2005-2015.

• Some basic MIST considerations applicable with all wildland fires on Akwesasne Mohawk Territory are emphasized below.

• Use natural barriers as much as possible to avoid ground-landscape disturbing tactics. Where fire spread has stopped, use “cold trailing” tactic (i.e. hand feeling) to be sure it is out.

• Utilize water, where possible, to halt fire spread. If constructed fireline is necessary, utilize as narrow and shallow line as possible. Avoid excessive cutting of woody plants and/or branches.

• When felling of a tree or snag is necessary, leave the bole intact without bucking, as future small mammal habitat.

• Use water saturation where practical during mop-up to avoid excessive stirring/mixing ashes or further disturbing the burn area. • Let fuels consume naturally if possible, during mop-up activity. If bucking is needed to suppress fire on the interior of the bole.

• Use natural openings for helispots if needed; minimize clearing new sites.

• Exercise caution with chemical retardants near (50-100 yards) sensitive areas (cultural, plant, or animal habitat), lakes, waterways, and wetlands.

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• Archeological sites will be protected from disturbance or not used during wildland fire suppression activities.

• Pack out all material transported into the fire.

Natural Resources Protection

 Identify sensitive areas for protection during fire management activities including riparian and wetland habitats.

 Conduct fire management activities during optimal weather conditions to minimize soil erosion and surface runoff.

 Limit the use of fire-retardant chemicals, gasoline, and diesel fuel in and around water areas.

 Protect known threaten or endangered species habitat using established guidelines.

 Reduce impacts to air quality during fire management activities by:

o Limiting prescribed fire to periods of favorable air movement and atmospheric conditions for smoke dispersion.

o Conducting prescribed fire when vegetation and woody debris will consume quickly. (Smoldering fires significantly increase particulate emissions.)

o Consider extinguishing all or portions of the fire if smoldering or slow burning conditions are anticipated to cause an unacceptable air quality situation.

Cultural Resources

Consultation will be conducted with the federal recognized Tribal Historic Preservation Office to ensure protection of sites of cultural significance.

Fire suppression activities will utilize prudent tactics dictated by the fire behavior, topography and resource values.

o Suppress fires at smallest acreage possible using water and burnout methods instead of mechanized tactics, to minimize soil/ground disturbance.

o Be aware of actions and/or tactics that have potential damaging effects, such as soil compaction, rutting, changes in public access, changes in

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vegetation that is part of a cultural resource, or damages to above-ground features.

Ensure wildland and prescribed fire personnel are aware of cultural resources needs, through training and advanced planning that includes:

o Review of cultural resources inventories o Assessment of cultural resource potential o Field verification o Assessment of site-specific alternatives o Provisions for accidental discovery

Mark cultural resource areas prior to and during prescribed burns. Inform fire management personnel of marked areas. Remove markings after project completion

Utilize natural barriers and existing human constructed areas (roads, etc.) as firelines.

Exclude mechanized equipment from known or suspected burial, ceremonial, traditional use, and other identified cultural sites.

• Fire Suppression Rehabilitation

• Assess and implement actions to rehabilitate cultural, natural resource or environmental damage caused by suppression activities. The primary strategy is to leave the fire suppression damaged areas as natural appearing as possible. Initiate implementation of these fire suppression rehabilitation actions while fire suppression crews, equipment, and resources are still on the site. These actions are appropriately financed from emergency operation funds and completed while the suppression resources are on site.

Impacts from protection of the forest from insect and disease outbreaks activities

• The Tribe or BIA would contact the USDA Forest Service which would provide a forest entomologist or pathologist to conduct an evaluation. A cooperative agreement between the U.S. Department of Agriculture and the Department of the Interior signed in 1983 allows the U.S. Forest Service to provide funding and technical assistance to the BIA and tribes. It is Department policy to detect, control and mitigate the harmful effects of forest insects and diseases on Indian forest lands. If an evaluation shows that a suppression project is warranted, the Tribe, or the BIA Eastern Regional

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Office on behalf of the Tribe, could apply for funding from the U.S. Forest Service to support a suppression project. Any insect or disease suppression project would require a separate NEPA document that would address specific impacts and mitigation measures for the particular project. Mitigation needs would vary depending on the target pest, type of pesticides used (if any), etc. The Department of the Interior’s policies regarding use of pesticides on Indian lands is described in Department Manual, 517 DM 1, and would be followed for any action requiring use of pesticides.

Timber and fire trespass

• Trespass/Arson investigation and prosecution on tribal lands are the responsibility of the Tribal Police. If the case warrants, it can be referred to the State of New York Criminal Investigation Bureau. Trespass/arson investigation and prosecution on tribal lands in Canada are the responsibility of the Fire Marshall of Quebec/Ontario.

• The appraisal and investigative processes prescribed by Indian Forest Management Handbook 53 IAM 7-H, Forest Trespass, would be used to gather evidence, determine the amount of damage and any mitigation measures needed. Timber trespass on Indian trust and restricted lands is a federal misdemeanor. A trespasser may be held liable for not only the value of the timber illegally removed, but also for damages to the site and the costs of site rehabilitation.

Impacts from free use harvest activities

• Investigation of violations of free use requirements, 25 CFR 173.27, which prohibits the sale or exchange of any forest products harvested for free use without a permit by Tribal Police/Natural Resource Program.

Mitigation of Disproportionate Effects

The definition of a Disproportionate Effect means a negative significant environmental and/or human health impact on a defined geographic area. The disproportionate nature of a potentially significant adverse environmental and/or human health impact that is reasonably expected to result from the proposed action is to be determined on a case-by- case basis51.

51 Final Report of the New York State Department of Environmental Conservation Disproportionate Adverse Environmental Impact Analysis Work Group. August 2004. 69

The proposed action, implementation of a Custodial Management Plan, is not considered to bear any disproportionate effects upon the Native American population of the Saint Regis Mohawk Reservation.

Consultation and Coordination

Consultation

Agencies Departments Consulted: • US Fish and Wildlife Service. IPaC • Saint Regis Mohawk Tribe, Cultural Preservation Office. • Saint Regis Mohawk Tribe, Health and Safety Office. • Saint Regis Mohawk Tribe, Emergency Planning • Saint Regis Mohawk Tribe, Environment Division, Air Quality Program, Water Quality Program. • The Bureau of Indian Affairs, Eastern Regional Office.

Coordination

List of statutes and executive orders that apply to the preparation of this EA: • National Historic Preservation Act • Endangered Species Act • Saint Regis Mohawk Tribe, Mohawk Environmental Review Code (MERC) • Bureau of Indian Affairs, Interior, Part 163, General Forestry Regulations

List of Preparers

Leslie K. Benedict, Assistant Director, Saint Regis Mohawk Tribe, Environment Division.

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Attachments

Site Map

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Wildland Fire History

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State Regulated Wetlands

Green shaded areas are NYS Regulated Wetlands.

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NOTICE OF INTENT

The Saint Regis Mohawk Tribe (Tribe), Forestry Resources Program is updating the Saint Regis Mohawk Tribe Forest Management Plan (FMP) and Fire Management Plan (FiMP). The Forestry Resources Program is inviting the community to provide comments regarding any issues, concerns and opportunities relating to forest management planning and wildland fire management planning. The intent is for the Tribe to modify the current FMP to change it from a “Custodial” plan to an “Active” plan which will allow “prescribed fire” to be utilized in the management of invasive plant species. Additionally, the plan will incorporate provisions for management of the Emerald Ash Borer (EAB). The FiMP needs to be updated to reflect the changes being made to the FMP with the utilization of “prescribed fire”.

Community members may download copies of the FMP and the FiMP from the Environment Division website, http://www.srmtenv.org/index.php?spec=forestinv and may also obtain copies at 449 Frogtown Road, Akwesasne, NY 13655. A public scoping session will soon be announced where community members can provide verbal comments about both plans in person.

The Tribe is ultimately responsible for determining the scope of any environmental impact statement and that suggestions obtained during scoping sessions are only options for the Tribe to consider.

Threatened and Endangered (T&E) species statements.

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United States Department of the Interior FISH AND WILDLIFE SERVICE New York Ecological Services Field Office 3817 Luker Road Cortland, NY 13045-9385 Phone: (607) 753-9334 Fax: (607) 753-9699 http://www.fws.gov/northeast/nyfo/es/section7.htm

In Reply Refer To: September 18, 2018 Consultation Code: 05E1NY00-2018-SLI-3337 Event Code: 05E1NY00-2018-E-10195 Project Name: Tribal Forest and Fire Management Plan Revisions

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). This list can also be used to determine whether listed species may be present for projects without federal agency involvement. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list.

Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the ESA, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC site at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. If listed, proposed, or candidate species were identified as potentially occurring in the project area, coordination with our office is encouraged. Information on the steps involved with assessing potential impacts from projects can be found at: http:// www.fws.gov/northeast/nyfo/es/section7.htm

Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ 09/18/2018 Event Code: 05E1NY00-2018-E-10195 2 eagle_guidance.html). Additionally, wind energy projects should follow the Services wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the ESA. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

▪ Official Species List

09/18/2018 Event Code: 05E1NY00-2018-E-10195 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

New York Ecological Services Field Office 3817 Luker Road Cortland, NY 13045-9385 (607) 753-9334

09/18/2018 Event Code: 05E1NY00-2018-E-10195 2

Project Summary Consultation Code: 05E1NY00-2018-SLI-3337

Event Code: 05E1NY00-2018-E-10195

Project Name: Tribal Forest and Fire Management Plan Revisions

Project Type: FORESTRY

Project Description: The Saint Regis Mohawk Tribe is revising its Forest Management Plan and Fire Management Plan to include acquired lands in the Town of Fort Covington, the need to respond to Emerald Ash Borer and Invasive Plant Species and to utilize prescribed fire as a management tool.

Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/44.97232111575505N74.61073292051509W

Counties: Franklin, NY | St. Lawrence, NY

09/18/2018 Event Code: 05E1NY00-2018-E-10195 3

Endangered Species Act Species There is a total of 1 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045

Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

Tribal Historic Preservation Officer concurrence letter.

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