DRAFT ENVIRONMENTAL ASSESSMENT Asian Carp Deterrent System, Lake Barkley Lock and Dam, Lyon/Livingston County, Kentucky

December 20, 2018

For Further Information Contact: Cody A. Flatt, Biologist U.S. Army Corps of Engineers Nashville District Project Planning Branch Telephone: (615) 736-7954

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

Contents

1.0 PURPOSE AND NEED FOR ACTION ...... 1 1.1 Authorization ...... 1 1.2 Purpose and Need ...... 2 1.3 Issues and Opportunities ...... 2 2.0 ALTERNATIVES CONSIDERED...... 3 2.1 Alternative 1- No Action Alternative ...... 3 2.2 Alternative 2 – (Installation of BAFF System) ...... 3 3.0 AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES ...... 4 3.1 Climate, Physiology, Soils and Land Use ...... 4 3.2 Aquatic Resources ...... 4 3.3 Water Quality ...... 6 3.4 Wetlands ...... 7 3.5 Terrestrial Resources ...... 7 3.6 Archeological and Historic Resources ...... 8 3.7 Threatened and Endangered Species ...... 9 3.8 Hazardous, Toxic, and Radioactive Waste ...... 11 3.9 Health and Safety ...... 11 3.10 Recreation and Scenic Resources ...... 12 3.11 Socioeconomics ...... 12 3.12 Air Quality ...... 14 3.13 Navigation ...... 14 4.0 CUMULATIVE IMPACTS ...... 15 5.0 ENVIRONMENTAL COMMITMENTS, PERMITS, AND APPROVALS ...... 17 6.0 ENVIRONMENTAL COMPLIANCE ...... 17 6.1 Executive Order 11990-Wetlands ...... 17 6.2 Farmland Policy Protection Act (FPPA) ...... 17 6.3 Executive Order 11988-Floodplain Management ...... 17 6.4 Clean Water Act ...... 18 6.5 Endangered Species Act ...... 18

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

6.6 Fish and Wildlife Coordination Act...... 18 6.7 National Historic Preservation Act ...... 18 6.8 Executive Order 13514 – Environmental Justice ...... 19 6.9 Clean Air Act ...... 19 6.10 Comprehensive Environmental Response, Compensation, and Liability Act .... 20 6.11 Resource Conservation and Recovery Act ...... 20 6.12 Executive Order 13653 (Climate Change) ...... 20 7.0 PUBLIC AND AGENCY COORDINATION ...... 20 7.1 Public and Agency Involvement ...... 20 7.1.1 Public Notice/Scoping Letter ...... 21 7.1.1.1 Public Comments ...... 21 7.1.1.2 Federal Agency Comments ...... 21 8.0 CONCLUSION ...... 21

Table 1. Federal and State Listed Species in Livingston/Lyon Counties, Kentucky ...... 10

Appendix A: Vicinity Map Appendix B: Illustration of Bio-Acoustic Fish Fence Appendix C: Scoping Notice for Proposed Installation of Asian Carp Deterrent System Appendix D: Cultural 106 Appendix E: Scoping Notice Public Comments Appendix F: KDFWR Asian Carp Deterrent System Press Release

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

1.0 PURPOSE AND NEED FOR ACTION

The U.S. Fish and Wildlife Service (USFWS), U.S. Geological Survey, University of Minnesota, and Kentucky Department of Fish and Wildlife Resources (KDFWR) are proposing to install and evaluate a three-year test or demonstration to determine the effectiveness of a fish deterrent system at restricting or reducing movement of Asian carp through the Barkley Lock chamber, owned and operated by the U.S. Army Corps of Engineers (Corps). A vicinity map of the project area is located in Appendix A. The proposed project would test a bio-acoustic fish fence (BAFF) installed in the downstream Barkley Lock approach channel. Modification or monitoring of fish movement through the Barkley Lock filling and emptying system may also be implemented for this demonstration. Information gathered from this research would inform possible installations of BAFF systems at other sites in the Mississippi and Ohio River basins. The proposed project supports a recommendation of the National “Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States (2007)”.

Funding for the installation and operation of the BAFF during this trial would be provided by the USFWS, including funding Corps labor for design review and construction oversight. The USFWS is the lead agency in management efforts to control Asian carp by law. The BAFF is considered a “technology test” and it is recognized that Asian carp are already present upstream of Barkley Lock and Dam. Permanent installation of a BAFF would require additional approval. If successful and approved, BAFF placement could become permanent at Barkley Lock or at other navigation locks on the Tennessee or Cumberland Rivers.

1.1 Authorization This Environmental Assessment (EA) is being prepared by the Nashville District (Corps) to provide NEPA coverage for the Corps’ Real Estate License allowing the USFWS to install the BAFF at the Barkley project. Authorization is provided by Public Law 85-624 which states Fish/Wildlife is an Authorized Purpose of Barkley Lock and Dam. In addition, section 1039(b)1 of the Water Resources Reform and Development Act (WRRDA) of 2014, provides authorization to slow the spread of Asian carp in the upper Mississippi and Ohio river basins and tributaries. Barkley Dam and Lake Barkley is a multiple-purpose project that was originally authorized by the Flood Control Act of 1954 and the River and Harbor Act of September 4, 1954 (Public Law 780, 84rd Congress, 2nd Session) for the purposes of navigation, flood control, and hydroelectric power. Additional authorized project purposes added by subsequent legislation include water quality, recreation, and fish/wildlife. This EA is prepared pursuant to the National Environmental Policy Act (NEPA), Council on Environmental Quality regulations (40 CFR, 1500–1508), and the Corps Engineer Regulation (ER) 200-2-2, 1988, Procedures for Implementing NEPA.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

1.2 Purpose and Need The purpose and need for this EA is to consider potential environmental or other impacts from the installation of an Asian carp deterrent system. Asian carp have become a major concern in the Mississippi River basin. Movement through lock systems are the primary means of upstream reservoir access for invasive fish such as Asian carp. The BAFF uses customized sound signals, directional strobe lighting, and an air bubble curtain to produce an underwater linear deterrent for movement of fish through the lower miter gate opening of the Lock. Additional modifications are being considered to address or monitor movement of Asian carp through the lock discharge port system, as well. While the BAFF is in place, fisheries researchers would use existing telemetry receivers and other electronic devices to assess the extent of Asian carp movement through Barkley Lock. Similar locations to Barkley Lock, such as Kentucky Lock and the canal that joins Lake Barkley and Kentucky Lake, were also considered for possible placement of demonstration BAFF systems in the initial screening of placement sites, but the existing telemetry system, lack of potential interferences from construction activity (which occurs at KY Lock) and the large number of Asian carp in the Barkley tailwater make this an ideal location for this research.

1.3 Issues and Opportunities “Asian carp” refers to several species of related fish that originated from Asia and as many as ten species of Asian carp are considered invasive around the world. In North America, the term “Asian carp” refers to four species: silver carp (Hypophthalmichthys molitrix), bighead carp (Hypophthalmichthys nobilis), grass carp (Ctenopharyngodon idelle) and black carp (Mylopharyngodon piceus). Overtime, Asian carp have been transported and introduced around the world. Asian carp were imported to the United States in the 1970s for various utilitarian uses. Silver and bighead carp have been stocked in municipal sewage lagoons for phytoplankton control, grass carp have been stocked nationally by public and private entities as a biological control for aquatic weeds, and the black carp has been used as a biological control for snail borne parasites in the commercial aquaculture production ponds. Subsequent flooding events in the southern U.S. allowed Asian carp to escape confinement and enter the Mississippi River system. Asian carp eventually spread into tributaries of the Mississippi River like the Ohio, Missouri and Illinois.

Currently, Asian carp are in direct competition with native aquatic species for food and habitat. The introduction of Asian carp is posing a major threat to the ecology, environment, economy, safety, and way of life in North America. “The spread and subsequent impacts of nonnative species introductions is perhaps one of the most serious and least reversible human-induced changes occurring around the world.” (Mooney HA, RJ Hobbs; Invasive species in a changing world)

The proposed installation site for the BAFF system is located on the Cumberland River. The Cumberland River is 688 miles long and drains almost 18,000 square miles of southern Kentucky and north-central Tennessee. The river flows generally west from a

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam source in the Appalachian Mountains to its confluence with the Ohio River near Paducah, Kentucky at Ohio River mile 923. Barkley Lock is the most downstream of four navigation locks on the Cumberland River system. It is located 30.6 miles from the confluence of the Cumberland and Ohio Rivers. Kentucky and Barkley Lakes are joined by an open-canal two miles above the Barkley Dam.

The BAFF system would be installed on the river bottom in the downstream lower lock approach. In addition, monitoring and/or deterrents would be considered in the lock chamber filling/emptying system. Appendix B shows an illustration of the system’s use and typical underwater BAFF equipment. Other supporting parts of the BAFF system, such as air compressors and system controls, would be installed on or near the downstream lock walls. The BAFF system requires a level river bed for placement, so dredging or rock removal is required to prepare the river bed and to remove upstream bed load to reduce anticipated operation and maintenance concerns. Dredging is also required to install the BAFF below an elevation (at or below elevation 289 feet) to avoid inhibiting lock entry at low river levels or damage to BAFF equipment.

2.0 ALTERNATIVES CONSIDERED

The proposed project would conduct a three-year test of a bio-acoustic fish fence to determine the effectiveness of deterring, restricting or reducing movement of Asian carp through Barkley lock chamber. In addition to BAFF placement in the lower approach of Barkley Lock chamber, discharge port modification and/or implementation of BAFF components such as sound-only speakers near or on discharge ports or elsewhere in the lock filling system may also be considered for this test. The project is a collaboration between multiple agencies and information gathered from this project would inform possible installations of BAFF systems at other sites. Alternatives considered in this EA shall be limited to the No Action Alternative (Alternative 1) and the installation of the BAFF system (Alternative 2).

2.1 Alternative 1- No Action Alternative Under Alternative 1, the installation of the BAFF system would not occur. The No Action Alternative would not require the placement of BAFF equipment on or around Barkley Lock or any instream construction. This alternative would not allow the testing of a potential control technology for Asian carp, therefore, would not be overall beneficial to the environment.

2.2 Alternative 2 – (Installation of BAFF System) Alternative 2 (Proposed Alternative) would allow the installation of BAFF which is intended to deter Asian Carp. Equipment placement and instream construction could have short-term negative effects such short-term lock delays and/or minor turbidity. However, this alternative is preferred because of the potential long term benefits of providing a control technology to limits the movement of Asian carp at large navigation

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam locks. The BAFF is an ideal system for deterring Asian carp at Barkley Lock because a physical barrier could impede commercial navigation traffic. The BAFF system is comprised of a modular row of speakers encaged by metal support frame. The support system also houses multiple lights and air emitting pipes. The complete system would be retained in a protective concrete encasement anchored to bedrock. The BAFF utilizes an air bubble curtain to contain a sound signal, creating a “wall of sound” that targets the Asian carp’s many well-developed senses that detect and enable the fish to react to different stimuli, such as light sound, vibration, etc. Parameters of the sound, air, and light volumes are dynamic and can be modified or adapted for changing situations. With this alternative, all systems described above in Section 1.0 would be implemented.

3.0 AFFECTED ENVIRONMENT & ENVIRONMENTAL CONSEQUENCES

Affected resources and potential environmental impacts resulting from implementing the No Action alternative (Alternative 1) or the Proposed Alternative (Alternative 2) are considered in detail.

3.1 Climate, Physiology, Soils and Land Use Barkley Dam and Lake Barkley is located in south western Kentucky in an area of gentle to moderately rolling hills within the Western Highland Rim. Rock in this sub- region is mostly comprised of limestone, chert, shale, and sandstone and soils are predominately Ultisols and Alfisols as well with Inceptisols found in bottom areas (EPA 2018b). Most of the land surrounding the lake is rural farmland scattered with small towns. On the western side of the lake is the Land Between the Lakes National Recreational Area which is comprised of 170,000-acres. The climate in the Barkley Dam area is moderate. Winds predominantly blow from the south or southwest with an average annual high temperature of 71 degrees Fahrenheit (F) and an average annual low of 49 degrees F. Growing season is approximately 200 days, extending from April to October with an average annual precipitation being 51 inches (U.S. Climate, 2018).

Alternative Impacts:

Neither No Action nor Action alternatives would affect Climate, Physiology, Soils, or Land Use resources.

3.2 Aquatic Resources The Cumberland River at Barkley Lock and Dam has a diverse fishery. The lower Cumberland River mile 10.2 – 11.9 is classified as an outstanding state resource water (OSRW) by Kentucky Division of Water (KDOW) due to the presence of an endangered mussel. The lower Cumberland River is a meandering channel with river depths often influenced by levels on the Ohio River and hydropower discharges from Barkley Dam.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

Habitat of Lake Barkley ranges from deeper areas running the length of the main channel along the thalweg to large areas of inundated floodplain with shallower depths, many of which have wetlands forming along the fringes. Barkley Dam and Lake Barkley tailwaters are classified by KDOW as Warm Water Aquatic Habitat and supports sport fisheries of approximately 70 fish species. These species can be divided into four categories: game fish, rough fish, forage fish, and invasive fish.

The most sought after of the four categories is the game fish. Species such as the black basses (largemouth bass and spotted bass), temperate basses (white bass and yellow bass), crappie (white and black), and sauger are very popular for recreational fishermen.

Rough fish species include the catfish (blue, channel, and flathead), bullheads (brown, black, and yellow), carp, buffalo (smallmouth, bigmouth, and black), drum, gar (spotted, shortnose and longnose), bowfin, redhorse (river, black and golden), carpsuckers, stoneroller, and paddlefish. Like game fish, these species are also targeted by anglers. Also, the abundance of rough fish attracts a commercial fishing interest.

The dominant forage fishes include skipjack herring, gizzard shad, and threadfin shad with shiners and minnows comprising lesser abundances. The KDFWR and/or Tennessee Wildlife Resources Agency (TWRA) have primary responsibility for fisheries management in Lake Barkley.

Invasive fish species like the Asian carp (silver, grass, black, and bighead) are becoming more prevalent in the tailwater and within Lake Barkley. An invasive species is an introduced species that has established itself and threatens the diversity and/or stability of a native species or environment. Asian carp’s associated negative impacts threaten the aquatic resources of the Cumberland and Tennessee River systems since the two rivers are connected by a canal. Silver and Bighead carp primarily feed on algae and invertebrates. Black carp diet consists of snails, mollusks, crustaceans, aquatic insects, and fish eggs. Grass carp eat aquatic weeds, mosses, and grasses. Asian carp generally prefer slow moving water but will seek out high, fast moving water when laying eggs causing them to migrate upstream in anticipation of spawning. This innate desire, causes them to spread in search of new spawning locations. According to KDFWR website, Asian carp females are capable of producing over 1 million eggs annually, causing their numbers to grow at an alarming rate. With no predation coupled with their population increase, they have the capability to dominate and effectively push out native fish species. Additionally, silver carp pose a danger to boaters due to the jumping behavior they exhibit when startled.

Aquatic habitat in the immediate area of the BAFF consists of bedrock in the middle two-thirds of the lower lock approach channel with narrow bands of mounded gravel/cobble along the lock guide walls. These bands of material are likely suspended from towboat prop wash as vessels enter and exit the lock. A mussel survey was performed by the Tennessee Wildlife Resources Agency in September 2018 in support of this project. In a five day effort, a total of 587 mussels consisting of 15 species were

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam relocated to similar substrate outside of the construction footprint of the BAFF. However, additional dredging was proposed during the 60 percent design submittal. The additional area was proposed to reduce concentration of fish at the barrier. One individual of the federal endangered Fat pocketbook (Potamilus capax) mussel was encountered in the mussel survey. All but a few individuals were collected from the gravel/cobble mounds along the guide walls. Endangered Species Act compliance is discussed later in this EA.

Alternative 1 – No Action Alternative:

The No Action Alternative would deny the research and development testing to evaluate the effectiveness of the BAFF as a tool for restricting Asian carp movement through navigation locks. Without development of tools to limit movement of Asian carp through navigation locks, upstream fisheries are at a higher risk of being compromised. Silver and bighead carp are thought to compete with native fish that feed on phytoplankton.

Alternative 2 – Installation of BAFF:

This alternative is proposed because of long-term benefits to develop tools for limiting the movement of Asian carp through navigation locks. If a BAFF successfully limits Asian carp passage, it would be a positive tool for protecting native aquatic resources upstream of the BAFF. While Asian carp are currently present in the lake, they are not believed to be successful in reproducing in the lake. So an effective barrier may be utilized with other control methods to eventually reduce the population and associated impacts of Asian carp. The installation of the BAFF system is a three year test to evaluate the effectiveness of the system. If successful, similar systems would be considered for other key locations to limit the spread of Asian carp.

Alternative 2 would allow the installation of the BAFF system. There would be some temporary impacts to aquatic resources in the immediate vicinity of the BAFF. Dredging and rock removal would be required to develop a level bottom for the BAFF. Dredging is required to place the BAFF deep enough that barges can safely pass over it at low river levels. Impacts associated with BAFF installation and operation include mussel relocation, potential effects of BAFF operations on movement of native fish species and minor turbidity generated during installation. The effects on native fish species would be part of the research effort of the fisheries scientists monitoring the system. In pond settings, the BAFF seems to be more effective on Asian carp than native species. These localized impacts are weighed against potential benefits of an effective barrier which is thought to have much greater significance from a regional standpoint.

3.3 Water Quality Water quality is influenced by reservoir releases from upstream projects as well as runoff from the local watershed. The presence of the Barkley-Kentucky Canal can result in some flow originating from Kentucky Lake since there is often a preference to generate hydropower via Barkley Powerhouse. Lake Barkley is a “run of the river” lake,

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam meaning it is an impounded mainstem Cumberland River project providing navigation. Lake Barkley maintains a riverine appearance, at its widest location, the lake is 1.6 miles across. The overall water quality of Lake Barkley is generally good and meets water quality standards associated with warmwater aquatic habitat. The riverine characteristics and flow from upstream lakes result in a lack of strong thermal stratification.

Water quality conditions in the Barkley Dam tailwater and downstream are generally of high quality, supporting an excellent fishery and an improving freshwater mussel fauna. Dissolved oxygen levels generally meet water quality standards of 5.0 mg/L due to weak stratification in lake.

Alternative 1 – No Action Alternative:

The No Action Alternative would have no direct effect on water quality. No construction would take place. Water quality effects of the larger Asian carp problem would continue without development of barrier technology to control movement of Asian carp. For example, competition between native fish and Asian carp for phytoplankton and zooplankton may negatively affect the availability of food sources for native fish.

Alternative 2 – Installation of BAFF:

The installation of the BAFF requires some dredging of gravel and cobble along the guide walls and removal of bedrock to ensure adequate depth to install the equipment without inhibiting navigation traffic. The small area to be dredged and consistency of the substrate (gravel, sand and cobble) should result in only minor short-term and localized effects on water quality. The dredging and equipment installation requires Section 401 Water Quality Certification from the Kentucky Division of Water. The effects on water quality would be minor and negligible.

3.4 Wetlands No wetlands are present within the proposed project’s footprint. Therefore, no impacts are associated with either alternatives.

3.5 Terrestrial Resources Alternative 1 – No Action Alternative:

The No Action Alternative would not require any disturbance of terrestrial resources. Current conditions would remain “as is”.

Alternative 2 – Installation of BAFF:

Alternative 2 would allow the installation of the BAFF system and other equipment required for the project purpose. During installation, short term equipment staging

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam would occur in a grassed area. The proposed BAFF system would be installed mostly under the surface of the Cumberland River. Other equipment such as compressor, electrical lines, and control command system would be placed on or adjacent the lock facility. This equipment would be placed on the lock wall or onto previously disturbed grassed area with minimal habitat in upland areas. Minor terrestrial impacts are expected to result from this activity. Dredge material would be either used for road fill on site or disposed of at a landfill or previously-disturbed disposal area. All dredge material would be placed in previously disturbed areas low habitat areas. Some minor ground disturbance and tree removal adjacent to the railroad shoulder and grassed areas would occur should a dedicated power line be required to provide power for the BAFF. This line would be routed from Depot Road to the Lock site adjacent to the railroad shoulder. Attempts are being made to provide power from Barkley’s Station Service Supply, subject to verification of adequate supply.

3.6 Archeological and Historic Resources Existing Conditions: The primary requirements for the consideration of cultural resources stem from Section 106 of the National Historic Preservation Act of 1966 (NHPA) as implemented by regulations at 36 CFR 800. The proposed installation of Bio-Acoustic Fish Fence is an undertaking; therefore, the effects of its implementation on historic properties must be considered. Historic properties are properties, including archeological sites and standing structures or buildings, which have been determined eligible for or are listed on the National Register of Historic Places (NRHP). The Corps also designates its self as the lead federal agency for the purposes of NHPA review pursuant to 36 CFR §800.2(a)(ii). The Corps defines the Area of Potential Effects (APE) as the footprint of the proposed project undertaking and immediate viewshed. The construction of the Barkley Lock and Dam has caused extensive disturbance within and adjacent to the APE. Therefore, there is no potential for intact archaeological deposits. Barkley Lock and Dam was authorized for construction by the River and Harbor Act of 1954 for the purpose of navigation, flood control, and hydropower. Construction began in 1957 and was completed for full beneficial use in 1966. Barkley Dam and Lake Barkley includes a lock, dam, and hydropower plant. It is one of ten projects on the Cumberland River and tributaries owned and managed by the Corps. The Barkley Dam and Lake Barkley is the lowermost mainstream project on the Cumberland River at River Mile 30.6 above its confluence with the Ohio River. The Corps believes that the ten projects within the Cumberland River system form a discontinuous district eligible for the National Register of Historic Places (NRHP) under criteria A and C for its association with impounding the Cumberland River and tributaries, and for representing Cold War era engineering and design.

Alternative 1 – No Action Alternative:

There would be no effects to historic properties under the No Action Alternative since no modifications or changes would be made to the Barkley Lock.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

Alternative 2 – Installation of BAFF:

The proposed installation of the BAFF system would not introduce physical, visual or audible effects significant enough to alter the design, association, location, materials, workmanship, setting, or feeling of the Barkley Lock and Dam since much of the equipment would be installed below the water surface or be commensurate to the equipment situated throughout the lock and dam structure. The proposed sound projectors are believed to emit sounds consistent with local river navigation, but would be monitored and adjusted if nuisance levels are noted. The strobe lighting and air bubble curtain, which are affixed to the deployment frame would only be visible within the immediate vicinity. Conexes used to house the BAFF equipment would be positioned inconspicuously as feasible and colored to blend in with the existing infrastructure. Utility lines that may be installed to supply power for the BAFF system would be adjacent to an existing railroad and would not introduce new visual elements that would adversely affect the Barkley Lock and Dam. Furthermore, the BAFF system is completely reversible and would not require any physical alterations to the lock structure.

3.7 Threatened and Endangered Species The U.S. Fish and Wildlife Service (Service) Information for Planning and Conservation (IPaC) website was used to determine federally listed species within Livingston and Lyon Counties, as shown in Table 2. The Kentucky Department of Fish and Wildlife Resources (KDFWR) and the Kentucky State Nature Preserves Commission (KSNPC) websites were also reviewed for State Listed aquatic species. No critical habitat occurs in the project area.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

Table 1. Federal and State Listed Species in Livingston/Lyon Counties, Kentucky Class Scientific Name Common Name Federal State Status* Status** Plant Apios priceana Price’s Potato-bean T E Mollusk Plethobasus cyphyus Sheepnose E E Plethobasus cooperianus Orangefoot Pimpleback E E Obovaria retusa Ring Pink E E Cyprogenia stegaria Fanshell E E Potamilus capax Fat pocketbook E E Cumberlandia monodonta Spectaclecase E E Quadrula cylindrical Rabbitsfoot T T Mammals Myotis grisescens Gray Myotis E T Myotis sodalis Indiana Bat E E Myotis septentrionalis Northern Long-eared Bat E E

* Federal Status – T-Threatened; E-Endangered ** State Status – T-Threatened; E-Endangered; S-Special Concern

Alternative 1 – No Action Alternative:

The No Action Alternative would not require disturbance of aquatic or terrestrial habitat, therefore not causing possible negative affects to Threatened and Endangered Species (T&E). Current conditions would remain “as is”.

Alternative 2 – Installation of BAFF:

Plants: USFWS Information for Planning and Conservation (IPaC) website states that the Price's Potato•bean plant could occur within the project area, however, due to the absence of suitable habitat for this species, it is unlikely for the plant to be present. A habitat survey for the threatened plant would be conducted and coordinated with Kentucky Ecological Service Office if deemed necessary.

Mollusks: The preferred alternative would include dredging an area inside of Barkley Lock lower approach. Coordination with USFWS and KDFWR has been conducted for T&E species for the installation of the BAFF system. Tennessee Wildlife Resource Agency performed a mussel survey in September 2018 and a summary report is being coordinated with the Kentucky Ecological Service Office. During the survey, one Fat pocketbook mussel was found and relocated to areas of similar habitat outside the project footprint. Since the BAFF project is being funded by the Service’s Region 3 office, Intra-Service Coordination has been performed in cooperation with the Corps. A Voluntary contribution would be made to the Kentucky Aquatic Restoration Fund (KARF) prior to the installation of the BAFF for incidental take of listed mussels. 10

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

Mammals: If an external power supply is necessary for the BAFF, an overhead powerline would be provided by the local utility company. The line and poles would be routed along a railroad corridor. Approximately 3 acres of trees would need to be removed to create a safe easement for the power supply. This area would be surveyed by Corps biologist to determine if suitable habitat for threatened and endangered bats is present and coordination with Kentucky Ecological Service Office would be completed.

3.8 Hazardous, Toxic, and Radioactive Waste For the Action Alternative, the BAFF system would be installed into the river bottom of Barkley Lock lower approach. A staging area for the installation process would be in the grassy area west of the lock. For these two areas, the likelihood of significant contamination is remote, neither personnel interviews nor available records indicate any reason to suspect contamination. The Corps utilizes a Legacy Contamination Questionnaire to identify areas that contain hazardous substances, pollutants or contaminants that could be a danger to humans or the environment. The primary purpose of this questionnaire is to assess legacy contamination concerns at USACE- owned property. A Legacy Contamination Report has been conducted for this area by Corps’ Environmental Protection Specialists and there are no known Hazardous, Toxic, and Radioactive Waste (HTRW) sites. Neither the “No Action” nor the “Action” Alternative would affect this status.

3.9 Health and Safety Lake Barkley is a popular vacation destination in western Kentucky and Tennessee. Each year, Lake Barkley provides recreational opportunities to millions of visitors resulting in intensive use of the lake and recreation areas. Corps rangers, state, and local law enforcement personnel provide visitor assistance and work to educate visitors about water and boating safety. In particular, the lock area is utilized for commercial and recreational navigation lockages and fishing boat traffic.

Alternative 1 – No Action Alternative:

The No Action Alternative would not allow for the installation of the BAFF system and creates no direct effect on public health and safety. Current conditions would remain “as is”.

Alternative 2 – Installation of BAFF:

Under the Proposed Alternative, a deterrent system (BAFF) for invasive fish, such as Asian carp, would be installed. This research and development project would evaluate the deterrent system’s effectiveness in limiting Asian carp movement into Lake Barkley via the lock. The equipment needed for the system would not impede the daily operation of Barkley Lock or the public’s health and safety in any aspect. No electrical current would flow through the water or be exposed to the visitors of Lake Barkley.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

Sound levels and strobe lighting would be evaluated, in regards to health and safety, as research develops. If conditions warrant, lights and sound could be modified to negate any negative effects to the surrounding environment.

3.10 Recreation and Scenic Resources Lake Barkley supports eight marinas, ten recreation areas, four Corps managed campgrounds, one state park, and one national recreation area managed by the U.S. Forest Service. Because of the temperate climate and relatively long recreation season, visitors have many opportunities to fish, hunt, camp, picnic, boat, canoe, hike, and enjoy the outdoors. In addition, visitors can visit a Civil War monument, a number of historic sites, several public parks, and wildlife refuges. One mile above the dam is a canal connecting Lake Barkley with Kentucky Lake, forming one of the greatest freshwater recreational complexes in the country. The lakes run parallel courses for more than 50 miles, with the Land Between The Lakes National Recreation Area located between them.

Alternative 1 – No Action Alternative:

The No Action Alternative would negate installing the BAFF system. Although this alternative would not change any visual components of Barkley lock and dam, it would limit development of control tools meant to restrict movement of Asian carp. As mentioned earlier, dense populations of Asian carp would impact recreation opportunities for the general public.

Alternative 2 – Installation of BAFF:

Under Alternative 2, the BAFF would be evaluated for its potential to reduce the infestation of Asian carp in Lake Barkley by limiting their movement through Barkley lock. If the BAFF installation is successful, the system would be considered at key locations for a permanent installation system. Potential changes to the visual aspect of the lock could occur by the placement of equipment for the BAFF installation and daily operation. This change would be negligible given that similar equipment already exists in the project area. This preferred alternative would have minimal impacts on the visual appearance of Barkley Lock and Dam to the general public. It also would not directly reduce existing levels of Asian carp already in Lake Barkley or entering from the Tennessee River system via the canal.

3.11 Socioeconomics Lake Barkley is a significant economic factor in the region. In addition to tourism, recreation (i.e. boating, swimming, and recreational facilities), hydropower, flood damage reduction, and navigation benefits, the lake provides municipal water supply, increased property values, increased tax revenues, and employment opportunities. Furthermore, the lake is known for hosting professional fishing tournaments. Large and small fishing tournaments bring economic benefits to the area and can provide cost

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam savings to agencies that rely on voluntary data collection, increased fishing license revenues, charitable donations, lodging, and increased sales for businesses that sponsor tournaments.

Lyon and Livingston Counties maintain a relatively diversified employment base with educational services, health care, and social assistance as the primary industries followed by retail trade, construction, arts, entertainment, recreation, accommodations, and food service.

Executive Order (EO) 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) requires federal agencies, departments, and their contractors to consider any potentially disproportionate human health or environmental risks their activities, policies, or programs may pose to minority or low-income populations. Low-income populations are those that live below poverty. EO 13045 (Protection of Children from Environmental Health Risks and Safety Risks) requires federal agencies to identify and assess health and safety risks that may disproportionately affect children as part of the NEPA compliance process. Agencies must ensure that their policies, programs, activities, and standards address disproportionate risks to children that results from environmental health risks or safety risks.

Alternative 1 – No Action Alternative:

The No Action Alternative could severely damage the socioeconomics of Lake Barkley and the lower Cumberland and Tennessee River Basins. The presence of Asian carp in the Lake Barkley could damage tourism by negatively impacting recreational fishing activities. If recreational catch rates were reduced by a decrease in native fish populations, there could be reduced angling activity and correspondingly, less disposable income spent on this recreational activity thus affecting tourism and the socioeconomics of Lake Barkley. Anglers contribute a large amount of money to the state government via fishing licenses, as well as, contributing to other sectors of the economy while on fishing excursions. Reduced recreational fishing and related activities will have economic impacts on other businesses and livelihoods which depend on the continuation and development of this sector.

Alternative 2 – Installation of BAFF:

The Proposed Alternative would support long term increases to tourism, recreational opportunities and related employment with likely improved income for the local residents. If effective, the surrounding communities would benefit from the installation of the BAFF system and the system could be used regionally to contravene negative impacts associated with Asian carp. The lands required for this project are all Corps- owned, with the exception of powerline routing and potentially dredged material disposal and would not affect any low income areas or disproportionately affect children. The BAFF system would be operated to provide a public service to the local community and visitors without bias to race or income; therefore there would be no disproportional

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam impact to minority or low-income populations. Both Alternatives would comply with EO 12898 and EO 13045.

3.12 Air Quality Currently, the proposed project area is in an attainment area with regard to the National Ambient Air Quality Standard (NAAQS).

Alternative 1 – (No Action Alternative):

No work would be performed under this alternative. There would be no effect to air quality.

Alternative 2 – Installation of BAFF:

Under Alternative 2, there would be temporary, minor air quality impacts (dust, vehicle exhaust) from vehicle, equipment exhaust, and construction activities. The temporary impacts to air quality would be negligible, and would have no long-term effects on air quality levels. Therefore, the proposed project meets the Conformity Rule under the Clean Air Act and poses no risk to NAAQS. (NAAQS, 2017)

3.13 Navigation Lake Barkley has substantial commercial navigation traffic throughout the year. The proposed project area is located inside of the main federal navigation channel on the Cumberland River. Kentucky lock is currently under construction and Lake Barkley lock is an alternative route for commercial traffic, especially during closures of Kentucky Lock.

Alternative 1 – No Action Alternative:

The No Action Alternative would have no effect on navigation outside of nuisance effects of Asian carp jumping onto barge surfaces during lockages.

Alternative 2 – Installation of BAFF:

Impacts to lock usage was a key consideration for layout of the BAFF system. Commercial barge and other boat traffic may experience intermittent lockage delays during installation of the BAFF equipment. Periodic maintenance activities for the BAFF equipment would be conducted to best minimize effects on commercial lock passages, including repair boats and/or divers to clean and check the BAFF system. Dredging is required to achieve adequate depth of the BAFF. The BAFF system would be positioned into the river bottom where the highest piece of the BAFF would be at or below the elevation of 289 mean sea level to avoid inhibiting lock entry at low river levels.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

4.0 CUMULATIVE IMPACTS

The Corps must consider the cumulative effects of the proposed project on the environment as stipulated in the NEPA. Cumulative effects are "the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such actions." Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR Part 1508.7 Council on Environmental Quality [CEQ] Regulations). Geographical boundaries for this discussion of cumulative impacts are the proposed project area and Kentucky and Barkley Lakes. Temporal boundaries established span for this project is the 1970’s, when Asian carp were introduced into America, to 2042, 20 years after the three year test for this project would be completed.

Past and Present Actions:

Based on tourism, development, and recreation, the project area became popular many years ago and continues to grow. With Asian carp becoming more prevalent, these great attributes of the project area continue to receive pressure of the negative impacts of the invasive species. Asian carp wreak havoc with their ravenous appetites, high reproduction rates, and their ability to survive predators. With increased number of visitors and Asian carp over the years, additional pressures to health and safety, socioeconomics and aquatic resource have occurred. In the past, efforts to manage Asian carp populations have been limited to commercial harvest with fishing nets. This method has been an effective tool to control populations of Asian carp, but more is needed to successfully eradicate the species. A review of the history for the study area shows the progressed impacts of the Asian carp.

Reasonably Foreseeable Future Actions

Like other invasive species introduction, if effective tools targeting these species are not implemented, it is anticipated that Asian carp population would increase until carrying capacity is reached. A multi-method approach should be used to reduce or eliminate Asian carp, as needed to reduce damages associated with resource impacts.

The first approach would be to continue commercial harvest. Commercial fishermen use large nets to trap the Asian carp and physically remove them from the lake. Commercial harvest is an effective tool because Asian carp have low reproduction rates in Lake Barkley and Kentucky Lakes. Asian carp need fast flowing waters and this type of condition is not present in Barkley and Kentucky Lakes causing spawning rates to be inconsistent. According to KDFWR’s website, the current silver carp population consists of a large cluster of fish in the 24 to 28 inch range with almost no younger fish. This data characterizes that Asian carp do not spawn well in Kentucky and Barkley Lakes. If Asian carp spawns remain inconsistent, then commercial harvest has a great chance of severely limiting the carp populations in Barkley and Kentucky Lakes.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

The second approach, would be the installation of the BAFF system. To limit Asian carp populations in Barkley and Kentucky Lakes, a deterrent would need to be placed to prevent new fish from entering. The BAFF system would inhibit Asian carp passage through the Barkley lock chamber thus reducing new fish populations from entering the lake. If successful at stopping Asian carp, similar systems could be installed at multiple locks in the river system. If fish passage is limited at the locks and their spawning remains inconsistent then the millions of pounds of fish removed by commercial harvesting would have a much stronger effect on our carp population.

Third, a recently announced partnership with the state of Kentucky and Kentucky Fish Center, LL. Kentucky will be providing financial incentives with the goal of increasing statewide harvest.

Lastly, silver carp’s annual mortality rates. In Kentucky Lake the annual mortality rate has been observed to be 48 percent. Which means half of the fish are dying each year. This means, in less than five years, the population would be less than 10 percent of what it is now. This mortality is mostly naturally caused, however, in Lake Barkley, where commercial fishing pressure is higher, the mortality rate is 61 percent. The positives of the success for this project would protect and ensure balance for already established native species.

Combined Effects on Resources:

Watershed, water quality, land and water resources

If the preferred alternative is successful and is implemented, negligible short-term negative effects and major long-term positive effects would occur. Short-term effects such as minor turbidity from dredging would be temporary. Long-term, the proposed project would have a major benefit to resources. Valuable information gathered from the research would be used in further applications to reduce Asian carp populations regionally. Research conducted for the removal of the Asian carp would provide positive benefits to the watershed as well as water quality and land/water resources. In summary, the project in combination with past, current and reasonably foreseeable future actions would have a net benefit to the watershed, water quality, and land/water resources.

Socioeconomics

As large populations of Asian carp become established, cumulative effects of those species include risk to human safety and reductions in dollars for regional economies that rely on fishing, boating, and waterfowl hunting. With the proposed action, technology would be tested to inhibit the passage of Asian carp through a lock chamber and play a major role in the overall nation’s research to reduce Asian carp populations. Installation of the BAFF along with commercial harvesting would help relieve the increasing number of Asian carp. With the proposed action, long-term benefits for the local and regional economy would be positive due to the reduced threat to the study

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam area that Asian carp pose. In addition, as the negative impacts to the natural resources are also improved through implementation of measures mentioned above, there could potentially be added investments. The project in combination with past, current, and reasonably foreseeable future actions would have a net benefit to socioeconomics.

5.0 ENVIRONMENTAL COMMITMENTS, PERMITS, AND APPROVALS

The following commitments, permits, and approvals are made regarding implementation of the action alternatives:

1) An Individual Water Quality Certification (WQC) is required from the Kentucky Division of Water under Section 401 of the Clean Water Act. KDOW is currently reviewing an application for WQC submitted by the Corps on 13 August 2018. 2) Section 7 under the Endangered Species Act would be satisfied. Consultation with U.S. Fish and Wildlife Service started on 12 August 2018 to complete a habitat assessment for endangered fresh water mussels. The habitat assessment survey by divers took place in early September 2018. Intra-Service Coordination has been performed in cooperation with the Corps and the Service’s Region 3 office. This consultation must be concluded prior to installation of the BAFF. 3) The Kentucky Heritage Council concurs with the Corps’ finding of, “No Adverse Effects to Historic Properties” on the condition that the proposed air compressor be dark-colored and compatible in color with the existing equipment/infrastructure. 4) The Corps of Engineers would be a co-permittee for the proposed action and 408 compliance would be satisfied via this NEPA review and Real Estate License.

6.0 ENVIRONMENTAL COMPLIANCE

6.1 Executive Order 11990-Wetlands The proposed project would not occur in or near any wetlands. The project meets requirements of the EO.

6.2 Farmland Policy Protection Act (FPPA) No private agricultural lands or prime and unique farmlands are located in the proposed project area.

6.3 Executive Order 11988-Floodplain Management Executive Order 11988, Floodplain Management, requires federal agencies to evaluate and minimize impact to the floodplain. The Corps controls flowage easement for flood control in the Lake Barkley reservoir to elevation 359.0 feet mean sea level. The project is anticipated to result in a no change in flood storage capacity.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

6.4 Clean Water Act Waters of the U.S. are present within the proposed project footprint. Therefore, coordination with State and Federal Agencies regarding Clean Water Act compliance is required. Water quality certification from Kentucky Division of Water (Section 401) would be required for the proposed project.

6.5 Endangered Species Act The lead federal agency, USFWS Region 3, for this project conducted an Intra-Service Consultation with the Kentucky Ecological Services, Frankfort Office (USFWS Region 4) under Section 7 of the Endangered Species Act, in cooperation with the Corps. Although the Corps is not the lead federal agency for this project, the Corps initiated consultation with the USFWS under NEPA guidelines. A comprehensive assessment for freshwater mussels was conducted by Tennessee Wildlife Resource Agency (TWRA) to detect any potential habitat for T&E species. All of the mussels within the project footprint were collected by divers and relocated. However, an additional dredging area was added during the 60 percent design submittal. Incidental take was increased based on the previous mussel survey. The added dredge area would allow fish to freely swim away from the barrier and so no crowding occurs. The detailed mussel survey report written by TWRA is summarized in this document. The Intra- Service Consultation must be concluded prior to installation of the BAFF.

6.6 Fish and Wildlife Coordination Act The Corps is required to coordinate with the USFWS and State Agency under the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). Coordination with USFWS and KDFWR was initiated with advertisement of a scoping letter on April 9, 2018. A copy of the scoping letter is included with this document as Appendix C. Both agencies have been involved as this project progresses and will review this EA. Any comments received on the EA would be addressed before a FONSI is signed.

6.7 National Historic Preservation Act Section 106 of the National Historic Preservation Act requires Federal agencies to take into account the effects of their actions on historic properties and afford the Advisory Council of Historic Preservation the opportunity to comment on undertakings. The Corps defined the APE as the proposed project area footprint. The APE resides within the Barkley Lock, which is eligible for listing in the NRHP. Based on the nature of the project undertaking there would be no adverse effects to historic properties listed eligible for listing in the NRHP. This project also complies with cultural resource laws such as Section 110 of the National Historic Preservation Act, the Archaeological

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

Resources Protection Act, Native American Graves and Repatriation Act, American Indian Religious Freedom Act, and Executive Orders 13006.

Consultation with the KY SHPO and seven federally recognized Native American Tribes is complete. The Corps made the determination of “no adverse effect to historic properties”. The THC, the Absentee-Shawnee Tribe of Indians of Oklahoma. The Shawnee Tribe of Indians of Oklahoma and the Cherokee Nation concurred with the Corps’, “no adverse effects to historic properties” determination. The Corps did not receive any responses from the remaining five Native American Tribes; United Keetoowah Band of Cherokee Indians, Eastern Band of Cherokee Indians, Chickasaw, and the Eastern Shawnee Tribe of Oklahoma. Pursuant to 36 CFR 800.4(d)(1)(i) no response from the tribes after the 30 day comment review period, implies concurrence with the Corps' determination and fulfills consultation requirements under Section 106 of the NHPA

Appendix D summarizes the Section 106 consultation with the State Historic Preservation Office (SHPO) and Native American Tribes.

6.8 Executive Order 13514 – Environmental Justice The 1994 Executive Order 12898: “Federal Actions to address Environmental Justice in Minority Populations and Low Income Populations” was signed by President Clinton on February 11, 1994, to focus Federal attention on the environmental and human health conditions of minority and low-income populations, with the goal of achieving environmental protection for all communities. As defined by the “Draft Guidance for Addressing Environmental Justice under NEPA” (CEQ, 1996), a minority population exists where the percentage of minorities in an affected area either exceeds 50% or is significantly greater than in the general population.

The final step in the environmental justice evaluation process is to evaluate the impact of the project on the population and to ascertain whether target populations are affected more adversely than other residents. Based on best available data, the conclusion for this proposed project is that low-income or minority populations would not be disproportionately affected by the proposed activity. Neither of the alternatives described in this environmental assessment would disproportionately place any adverse environmental, economic, social, or health impacts on minority and low-income populations. Socioeconomics is described in further detail in Section 3.12.

6.9 Clean Air Act The proposal is in an attainment area with regard to the NAAQS. Neither alternative would affect this status. Requirements under this Act have been met.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

6.10 Comprehensive Environmental Response, Compensation, and Liability Act No Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites were identified within the proposed project boundaries.

6.11 Resource Conservation and Recovery Act All alternatives would be in compliance with the Resource Conservation and Recovery Act (RCRA).

6.12 Executive Order 13653 (Preparing the United States for the Impacts of Climate Change The project is not expected to affect climate change.

7.0 PUBLIC AND AGENCY COORDINATION

7.1 Public and Agency Involvement A kick off meeting on 07 February 2018 was initiated by USFWS and hosted by the Corps Nashville District. The meeting brought together multiple agencies and private entities that would be involved with the installation of the BAFF system. Agencies that attended the meeting were USGS, KDFWR, USEPA and TWRA. Others that attended were Fish Guidance systems and University of Minnesota.

The Corps’ Nashville District hosted a semi-annual Navigation Industry meeting on 15 March 2018 at Lake Barkley Resource Managers office. A presentation of the BAFF system was presented to the attendees by USFWS Mike Weimer. The navigation industry did not have any concerns about the installation of the BAFF system as long as it does not hinder lock access.

On 05 April 2018, KDFWR held their annual Kentucky and Barkley lakes fishing meeting with the public at KY Dam Convention Center. Park Ranger Wes Davenport from Lake Barkley Resource Mangers Office attended to gage public perspective on the installation and implementation of a fish deterrent system at Lake Barkley lock and dam. A press release by KDFWR for the BAFF system is located in Appendix F.

On 27 July 2018, Congressman James Comer (KY-01) held an Oversight and Government Reform Committee Field Briefing in Eddyville, Kentucky. The hearing addressed the growing problem of Asian carp in Kentucky’s waters and examined the federal response to this invasive species. This public event featured testimony from witnesses representing the Kentucky Department of Fish and Wildlife, local fishing and tourism industries, and federal agencies involved in Asian carp programs and initiatives.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

7.1.1 Public Notice/Scoping Letter

The scoping notice for this project was mailed in April 2018 for public, state, and federal agencies commenting review period and is attached in Appendix C.

This draft environmental assessment would be circulated in draft form to the scoping respondents and to local, state, and federal governmental agencies with jurisdiction by law or special expertise for a 30 day review/comment period.

Tow comments were received in response to the scoping notice (USDA – NRCS and USDA – Forrest Service). The comments are summarized below

7.1.1.1 Public Comments

No public comments were received from the scoping process.

7.1.1.2 Federal Agency Comments

Responses from Scoping Notice are listed below and attached in Appendix E:

USDA, NRCS State Conservationist, Lexington, KY. Karen A. Woodrich – The Natural Resources Conservation Service (NRCS) has reviewed the information submitted for the subject project at Barkley lock and dam in Livingston and Lyon Counties. Based upon the information provided, Kentucky NRCS does not anticipate the proposed actions will affect prime farmland soils, farmlands of statewide importance, PL-566 watershed structures, wetlands identified under the Food Security Act, Wetland Reserve Program (WRP) and Grassland Reserve Program (GRP) easements.

USDA, Forest Service, Land between the Lakes National Recreation Area, Tina Tilley Area Supervisor – We support the proposed multi-agency research project on an acoustic deterrent system for Asian carp at Barkley Lock and Dam, Livingston and Lyon Counties, Kentucky.

8.0 CONCLUSION

Two alternatives were evaluated in detail throughout this EA; Alternative 1, the No Action Alternative; and Alternative 2, the Proposed Alternative. Alternative 1 (No Action Alternative) would deny the installation of the deterrent system for Asian carp. There would be no dredging/instream construction or equipment stored on or near the lock and dam. The lock, dam, and fishery would operate/proceed under existing conditions. Alternative 2 (Proposed Alternative) would allow the installation of an Asian carp deterrent system. The proposed project would conduct a three year test on a bio- acoustic fish fence to determine the effectiveness of deterring, restricting or reducing

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam movement of Asian carp through Barkley lock chamber. The BAFF system would be installed on the river bottom in the downstream lower lock approach. In addition, consideration for addressing Asian carp usage of the lock filling/emptying system will be considered.

The Proposed Alterative (Alternative 2) would provide vital information in testing fish barrier research. Tools to deal with the plague of Asian carp are needed. Results from the testing would be evaluated and utilized to improve safe recreation and preserve the native fauna of the lower Cumberland River such that the public can enjoy the natural land and water resources. Furthermore, information gathered from this research would inform possible installations of BAFF systems at other sites in the Mississippi and Ohio River basins and the proposed project supports a recommendation of the National “Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States (2007).” The Installation of a BAFF System for a three-year demonstration is the proposed alternative.

Draft Environmental Assessment U.S. Army Corps of Engineers Asian Carp Deterrent System Lake Barkley Lock and Dam

REFERENCES

US Climate Data, 2018. Monthly Averages for Grand Rivers, Kentucky, www.usclimatedata.com. Accessed July 24, 2018.

NOAA, National Weather Service Forecast Office, Paducah KY. Climatological Report accessed at http://w2.weather.gov/climate/local_data.php?wfo=pah on July 24, 2018.

US Environmental Protection Agency. Ecoregions of Tennessee. ftp://ftp.epa.gov/wed/ecoregions/tn/tn_eco_lg.pdf. Accessed July 24, 2018. US Environmental Protection Agency. Ecoregions of Kentucky. http://www.epa.gov/wed/pages/ecoregions/ky_eco.htm. Accessed July 24, 2018. Steila, Donald and Thomas E. Pond, 1989. The Geography of Soils Formation, Distribution and Management, 2nd edition. Rowman and Littlefield Publishers, Inc. Savage, Maryland.

Kentucky Department of Fish and Wildlife Resources. 2016. Species Information Website: http://app.fw.ky.gov/speciesinfo/countyListSpecies.asp

Kentucky State Nature Preserves Commission. 2016. County Report of Endangered Threatened, and Special Concern, Plants, Animals, and Natural Communities of

Kentucky. 2015. Website: http://naturepreserves.ky.gov/pubs/Pages/reports.aspx

U.S. Fish and Wildlife Service. 2016. Listed species listed by Kentucky County, website: http://ecos.fws.gov/tess_public/reports/species-by-current-range-county?fips=21144

U.S. Fish and Wildlife Service. 2016. Information for Planning and Conservation website: https://ecos.fws.gov/ipac/

LIST OF PREPARERS

Cody A. Flatt, Biologist, Environmental Section, Project Planning Branch, Primary EA Preparation

Jordan McIntyre, Archaeologist, Environmental Section, Project Planning Branch, Nashville District, EA Preparation – Cultural and Historic Resources

Timothy Higgs, Chief, Environmental Section, Project Planning Branch, EA Review

Appendix A Vicinity Map

Barkley Lock & Proposed BAFF Location

Kentucky Lock

Canal Appendix B Illustration of Bio-Acoustic Fish Fence

Appendix C Scoping Notice

DEPARTMENT OF THE ARMY NASHVILLE DISTRICT, CORPS OF ENGINEERS 110 9TH AVENUE SOUTH, ROOM A-405 NASHVILLE, TENNESSEE 37203

IN REPLY REFER TO April 9, 2018

Project Planning Branch

TO ALL INTERESTED PARTIES:

The U.S. Army Corps of Engineers, Nashville District (USACE), is initiating scoping under the National Environmental Policy Act (NEPA) for a proposed multi- agency research project on an acoustic deterrent system for Asian carp at Barkley Lock and Dam, Livingston and Lyon Counties, Kentucky. The U.S. Fish and Wildlife Service, U.S. Geological Survey, University of Minnesota, Kentucky Department of Fish and Wildlife Resources, and USACE would combine funding, technology, and staff to conduct a three-year test to determine the effectiveness of a fish deterrent system at restricting or reducing movement of Asian carp through the Barkley lock chamber. The proposed project would test a bio-acoustic fish fence (BAFF) installed in the downstream Barkley Lock approach channel. Information gathered from this research would inform possible installations of BAFF systems at other sites in the Mississippi and Ohio River basins. The proposed project supports a recommendation of the National “Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States (2007)”.

Asian carp have become a major concern in the Mississippi River basin. Movement through lock systems are the primary means of upstream reservoir access for invasive fish such as Asian carp. The BAFF uses customized sound signals, directional strobe lighting, and an air bubble curtain to produce an underwater linear deterrent for movement of fish. While the BAFF is in place, researchers would use existing telemetry receivers and other electronic devices to assess the extent of Asian carp movement through Barkley Lock. The existing telemetry system and the large number of Asian carp in the Barkley tailwater make this an ideal location for this research.

The BAFF system would be installed on the river bottom in the downstream lower lock approach. In addition, consideration for a sound-only (speakers) portion of the BAFF system would be made during the first year of monitoring and, if needed, installed near the lock chamber discharge ports on the spillway side of the riverward lockwall (Figure 1). Figures 2 and 3 show an illustration of the system’s use and typical underwater BAFF equipment. Other supporting parts of the BAFF system such as air compressors and system controls would be installed on or near the downstream lock walls. The BAFF system requires a level river bed for installation, so dredging is required to prepare the river bed and to remove upstream bed load. Dredging is also required to install the BAFF below an elevation (at or below elevation 286 feet) to avoid inhibiting lock entry at low river levels. This dredging and equipment installation would require a Water Quality Certification from the Kentucky Division of Water. Appendix C Scoping Notice 2

Commercial barge and other boat traffic may experience intermittent lockage delays during installation of the BAFF equipment. Periodic maintenance activities for the BAFF equipment would be conducted to best minimize effects on commercial lock passages, including repair boats and/or divers to clean and check the BAFF system.

Deployment of the BAFF system may affect anglers who fish below Barkley Lock. Kentucky Department of Fish and Wildlife Resources has proposed to implement a fishing restriction in the area of the BAFF due to the potential for considerable damage to the system. This zone would begin 200 feet below the BAFF as illustrated on Figure 1. The BAFF system is planned to be removed after the three-year test period, at which time the area would reopen for fishing.

This letter serves to solicit scoping comments from the public; Federal, state, local agencies, and officials; Indian Tribes; and other interested parties to consider and evaluate the potential impacts of the proposed activity in accordance with the NEPA process. We encourage comments not only about resources in the immediate project area, but also of plans or proposals for any other development that may impact or influence project resources. Comments are used to assess impacts on fish, wildlife, endangered species, water quality, historic properties, water supply, conservation , economics, aesthetics, wetlands, flood hazards, floodplain values, land use, navigation, shore erosion, sedimentation, recreation, energy needs, safety, climate change, considerations of property ownership, general environmental effects, cumulative effects, and in general, the needs and welfare of the people. This letter also serves to initiate the public involvement requirements of Section 1°06 of the National Historic Preservation Act of 1966, as amended.

Comments should be submitted within 30 days of the date of this letter to the address on the letterhead or electronically to [email protected] .mil. For additional information regarding the proposed project, please contact Cody Flatt at (615) 736-7954.

Sincerely ,

Angela A. Dunn Chief, Project Planning Branch Appendix C Scoping Notice 3

Figure 1: Aerial Photo of Barkley Lock. Red lines indicate proposed BAFF system location in lower lock approach channel and possible speakers (only) at lock discharge ports. Yellow hashing represents proposed fishing restriction zone.

Figure 2: Illustration of a Typical Bio-Acoustic Fish Fence (BAFF) Appendix C Scoping Notice 4

Figure 3: Example of BAFF (sound, air, and light) system that would be installed on river bottom. Note additional Debris Encasement Guards may be used to protect equipment from damage. APPENDIX D Section 106 Compliance

Section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), and its implementing regulations at 36 CFR 800 require consideration of cultural resources prior to a federal undertaking and requires consultation with the State Historic Preservation Officer (SHPO), Federally recognized tribes with a connection to the project location and other consulting parties defined at §800.3. The NHPA only affords protection to sites, buildings structures, or objects listed in or determined eligible for listing in the National Register of Historic Places (NRHP). In addition, under the Archaeological Resources Protection Act and section 110 of the NHPA, the USACE has responsibilities to protect and preserve significant archaeological sites. Archival research for this project involved consulting the NRHP, and eliciting information from previous archaeological survey reports. Table 1 summarizes the parties consulted, the mechanisms for consultation, and responses to the consultation. The Section106 consultation has led to a “no adverse effects to historic properties” determination for the proposed project.

Table 1. Summary of Section 106 of NHPA Consultation.

No Effect Concurrence to No Effect Consulting Party Initiation date Letter Sent Determination Kentucky State Historic 25 July 2018 25 July 2018 13 September 2018 Preservation Officer Absentee-Shawnee Tribe of 26 July 2018 26 July 2018 06 August 2018 Indians of Oklahoma Chickasaw Nation 26 July 2018 26 July 2018 NR Cherokee Nation 26 July 2018 26 July 2018 07 September 2018 Eastern Band of Cherokee 26 July 2018 26 July 2018 NR Indians Eastern Shawnee Tribe of 26 July 2018 26 July 2018 NR Oklahoma The Shawnee Tribe 26 July 2018 26 July 2018 24 August 2018 United Keetoowah Band of 26 July 2018 26 July 2018 NR Cherokee

*Response date reflects the end of the 30 day comment period. No Response (NR) implies concurrence with the USACE finding of “no adverse effects to historic properties” as per 36 CFR 800.4(d).

Consultation with the Kentucky SHPO was initiated via a letter dated 25 July 2018, discussing the components of the BAFF system. The Corps recommended a finding of, no adverse effects to historic properties. The SHPO concurred with the Corps’ findings in a letter dated 13 September 2018. In a letter dated 13 September 2018, the Kentucky Heritage Council concurred with the Corps’ finding of, “No Adverse Effects to Historic Properties” on the condition that the proposed air compressor be dark-colored and compatible in color with the existing equipment/infrastructure. Therefore, this action complies with Section 106 of the NHPA. Consultation was initiated with seven federally recognized Native American Tribes via Section 106 initiation letters dated 26 July 2018. These included: United Keetoowah Band of Cherokee Indians, Chickasaw Nation, Absentee-Shawnee Tribe of Indians of Oklahoma, Cherokee Nation, Eastern Band of Cherokee Indians, Eastern Shawnee Tribe of Oklahoma, and The Shawnee Tribe. The initiation letter discussed the components of the BAFF system and the findings of the cultural review. USACE recommended a “no adverse effects to historic properties” determination. The Absentee-Shawnee Tribe of Indians of Oklahoma, and the Shawnee Tribe of Indians of Oklahoma and the Cherokee Nation concurred with USACE’s, “no adverse effects to historic properties” determination. USACE did not receive any responses from the remaining five Native American Tribes; United Keetoowah Band of Cherokee Indians, Eastern Band of Cherokee Indians, Chickasaw, and the Eastern Shawnee Tribe of Oklahoma. Pursuant to 36 CFR 800.4(d)(1)(i) no response from the tribes after the 30 day comment review period, implies concurrence with the USACE's determination and fulfills consultation requirements under Section 106 of the NHPA

Appendix E Scoping Notice Comments Appendix E Scoping Notice Comments Appendix F KDFWR Asian Carp Press Release

Potential Asian Carp Deterrent to be Tested Below Barkley Dam

Kentucky Department of Fish and Wildlife 800-858-1549

FRANKFORT, Ky. (Sept. 27, 2018) — Asian carp have become a major concern in the Tennessee and Cumberland rivers and many other rivers within the Mississippi River basin. In western Kentucky, two of the state’s largest reservoirs, Kentucky Lake and Lake Barkley, were formed by the construction of navigation dams on the Tennessee and Cumberland rivers, respectively. The lock systems of these dams are the primary sources of reservoir access for the invasive fish. Asian carp also continue to expand their ranges up many river systems throughout the Mississippi River and Ohio River basins. In response to the looming threat of invasions, several federal and state agencies and universities are working together to test a sound and air bubble system (bio-acoustic fish fence) that could be installed below lock chambers to deter fish passage. These systems have not been tested on Asian carp below dams, and the research is needed to assess the technology’s efficiency at reducing fish movement beyond the system. Bio-acoustic fish fence (BAFF) technology was invented and has been used in Europe, by the United Kingdom company, Fish Guidance Systems, LTD (FGS). This company’s technology has been chosen for testing in the downstream approach to the lock chamber at Barkley Dam in Kentucky. The Nashville District and Research and Development Center (ERDC) of the U.S. Army Corps of Engineers (USACE), U.S. Geological Survey, the U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, University of Minnesota, FGS, Tennessee Wildlife Resources Agency and Kentucky Department of Fish and Wildlife Resources are combining funding, technology or staff to construct a research plan that should put a BAFF system in the downstream approach to the lock chamber in early 2019. The extent of Asian carp movement from the tailwater into the reservoir will be assessed using multiple techniques including an existing and expanding telemetry receiver array. Tests for the BAFF were initially projected to begin this month; however, significant structural modifications will be required to protect the BAFF from large, heavy debris that would be pushed or pulled through the lock chambers, delaying the project until early 2019. The BAFF will be deployed in the downstream approach of the Barkley lock chamber. The additional time until deployment will also allow for various aquatic community samples to be taken and assessed to satisfy permit requirements for all projects that may affect the biota or the USACE’s operational procedures for recreational and commercial passage through the locks.