I. Natural Resources 111. Surface Water Bodies Surface water bodies are important natural re- 100. Definitions sources; in the City they serve as: (1) habitat for a wide variety of aquatic life, including finfish and For CEQR, a natural resource is defined as bottom organisms (“benthic organisms”) ; (2) plant and animal species and any area capable of resources for shipping and boating; (3) recreational providing habitat for plant and animal species or resources; and (4) in limited cases, water supply. capable of functioning to support ecological The City contains a wide variety of water bodies, systems and maintain the City's environmental including the following: balance. Resources such as surface and ground- waters, soils (upland and wetland), drainage ƒ The Atlantic Ocean, along the south shores of systems, wetlands, dunes, beaches, grasslands, Brooklyn, Queens, and Staten Island. woodlands, landscaped areas, gardens, parks, and built structures used by wildlife may be considered, ƒ New York Harbor, which is a tidally as appropriate, in a natural resources analysis. influenced estuary, subject to the mixing of salt water from the ocean with fresh water While plant and animal species are considered primarily from the Hudson River. It is natural resources, the approach most often used for divided at the Verrazano Narrows into Upper CEQR is to consider plant and animal species in the and Lower New York Bays. context of the surrounding environment, or habitat. For CEQR evaluations, an action's potential to ƒ Long Island Sound, is a long and relatively affect that environment is the primary narrow tidal water bordering Queens, and is consideration. Of course, those plant and animal separated from the Atlantic Ocean by Long species that are known to be threatened, rare, Island (including Queens and Brooklyn). endangered, or otherwise sensitive or worthy of protection are given individual consideration. ƒ Bays, basins and coves, which are enclosed or partially enclosed tidal waterbodies, generally Descriptions of the various natural resources fed by freshwater streams or rivers with that should be evaluated in a CEQR assessment are limited outlets to larger bays or the ocean. The described in this chapter. Additional information on City's waterfront contains a number of bays, natural resource habitats can be found in the New basins, and coves. Jamaica Bay is the largest York Natural Heritage Program’s document entitled and most important as a natural resource; it is “Ecological Communities of New York State”. an enclosed bay in Brooklyn and Queens, fed Descriptions of the various communities highlighted by a number of creeks and streams, with an in this publication can vary widely with respect to outlet to the Atlantic Ocean. Other bays the species composition in New York City. include Little Neck Bay, Bowery Bay, and Therefore, careful attention in the field to dominant Powell's Cove in Queens, and Pelham Bay and and co-dominant vegetation, understory species Eastchester Bay in the Bronx. composition, soils, and hydrology will provide additional information as to the correct ecological ƒ Tidal straits, including the East and Harlem community classification. Rivers, which connect Long Island Sound, and the Hudson River with Upper New York 2001110. WATER RESOURCES TechnicalHarbor; Manual and the Kill Van Kull and Arthur Kill, which connect Upper and Lower New York New York City is situated on a large, natural, Bays around the north and west sides of Staten shallow-water harbor, and has many fresh water Island. bodies. Since its founding in the early 1600's, the City has relied on its water resources for a variety of ƒ Rivers, the largest of which is the Hudson uses, including: fishing; transportation; recreation; River, which originates in the Adirondacks and commerce; and water supply. The role of water makes its way to New York Harbor. In the resourcesOut has evolved over of the last fourDate centuries, -City DO and north to NOTthe Federal Dam atUSE Troy, and these resources are still extremely important to NY, the Hudson River is a tidal estuary. Other the City's environment. rivers include the Bronx River and Hutchinson River in the Bronx. Rivers draw their waters

CEQR MANUAL 3I-1 10/01 from streams, groundwater, and overland Island; the Jameco aquifer, beneath limited areas of runoff from a large area, referred to as a Brooklyn and southern Queens. Groundwater drainage basin, catchment area, or watershed. between these aquifers may or may not be connected. The Lloyd aquifer is deepest and is just ƒ Streams and kills (the Dutch word for stream), over bedrock. This aquifer is covered with a layer which usually have their headwaters and of confining clay. The Magothy aquifer is found outlets in a relatively small drainage area (a above this clay formation and below the Upper portion of a borough, for example). Examples Glacial aquifer. Both the Magothy and Upper of the City's streams and kills include Spring Glacial aquifers are in contact in some areas and are Creek in Brooklyn, and Fresh Kills and isolated in other areas depending on the location of Richmond Creek in Staten Island. lower permeable clay and silt deposits. The Upper Glacial aquifer is rarely used, because it is highly ƒ Ponds and lakes, include all non-free-flowing, turbid and often impacted from activities on the contained freshwater bodies, either built or surface. Only the aquifers in Brooklyn and Queens naturally occurring. The City's lakes and are regularly used for water supply; the New York ponds are found in all five boroughs. City Department of Environmental Protection taps Prominent natural ponds include Kissena Lake the Magothy Aquifer and serves a portion of in Queens, Van Cortlandt Lake in the Bronx, southeastern Queens and western Nassau County and Brooks and Clove Lakes in Staten Island; with potable water. Industries are permitted to built ponds include the Lake in Central Park install wells for process water, and homeowners and other water bodies in Central Park, and may drill wells for irrigation, but this is not potable Prospect Lake in Prospect Park. The Jerome water. In addition to drinking water consider- Park Reservoir is used to store the City's ations, groundwater is also a concern because it drinking water and regulate its flow to could act as a medium for the spread of consumers. contamination to other water resources and wetlands. 112. Groundwater 113. Other Water Resource Systems The water that is contained beneath the surface in various types of soils, fill, and rock is As discussed above, a variety of water sources groundwater; the geologic systems containing feed the City's water bodies and wetlands (see groundwater are called aquifers. Groundwater is Section 120, below), including other water bodies usually fresh water and, in the City, is replenished and groundwater. Critical components of water through rainfall that percolates into the ground. resources systems are stormwater and the natural Along the coast, harbor, and river waterfronts, the and built systems that convey it to a receiving water tides influence groundwater; in these areas or wetland resource. Although stormwater is not groundwater can be saline or partially saline usually a habitat and does not usually support an (brackish). The importance of groundwater as a ecosystem, it has a powerful effect on conditions in resource is: (1) as a source of water supply for the waters or wetlands to which it flows. In con- drinking water, domestic applications, business, sidering water resources and wetlands under and industry; (2) as a source of water for surface CEQR, stormwater is an important element. The water bodies and wetlands; (3) to serve critical following aspects may be of concern, depending on geotechnical functions related to structural load the action in question: bearing2001 capacity (loweri ngTechnical the water table may Manual cause subsidence); and (4) as a barrier to salt water ƒ Overall drainage system. The method by which intrusion. stormwater is conveyed to a receiving water generally falls under the heading, “drainage.” Although all five boroughs contain This refers to the physical configuration of the groundwater, the major resources in the City lie land that drains towards the water body or beneath Brooklyn, Queens, and Staten Island. wetland, including those elements that There, the major aquifers include the Raritan determine the volume and velocity of flow for formation beneathOut Staten Island,of southeastern Date a- given DO rainfall: its slope,NOT soils, vegetative USEco- Brooklyn, and the eastern half of Queens; the Lloyd ver, and hard (impervious) surfaces. Drainage and Magothy aquifers, beneath southern and also includes any built drainage or stormwater central Brooklyn, eastern Queens, and Staten systems, including catch basins, pipes and out-

CEQR MANUAL 3I-2 10/01 falls, swales, channels, and culverts. The quali- function of floodwater retention, and they can filter ty and quantity of the stormwater that flows to pollutants from these waters. Wetlands are often a water body or wetland is in large measure important to the public for recreation and open determined by: (1) the uses and activities that space and to commercial operations as sources of take place in a drainage area; (2) sediment and food or other materials. In some areas wetlands erosion control measures; (3) the type and also function to permit groundwater or surface extent of vegetation; and (4) soils. water replenishment (also known as "recharge").

ƒ Floodwater system or floodplain. Within the Wetlands are sensitive resources, so the upland drainage system, an important consideration is area adjacent to them is usually included when that portion of the area that is low enough to impacts on wetlands are assessed. The following hold flood during large storms. When the definitions are grouped into two major wetland banks of rivers or streams overflow during a types: those containing fresh water and those influ- storm the wide, flat floodplain spreads the enced by tides and salt water. water, reducing its velocity and force; it permits the water to flow more slowly to the 121. Freshwater Wetlands stream or river and, in some cases, its Freshwater wetlands are associated with vegetation removes pollutants. Thus it is a freshwater systems. They can be found adjacent to very important element in protecting water re- ponds and streams (often the smaller water bodies sources. The floodplain has been defined by themselves are included in the wetland definition) regulation (see Section 710) and includes the and in low-lying or poorly drained areas. In the areas that flood during storms of a statistical City, freshwater wetlands can be found in the frequency occurrence of once in 100 years (the coastal zone, quite close but unconnected to a tidal 100-year storm) and once in 500 years. These water body, or they can be found perched in an up- are referred to as zones A and B, respectively, land environment. (Perched wetlands are those in federal legislation. The City's administrative that are over an impermeable layer so that the code (27-316) restricts uses in the 100-year water in the wetlands does not feed the floodplain (Zone A). groundwater system, but is trapped above it.) The different types of freshwater wetlands are referred 120. WETLAND RESOURCES to by a number of names, including swamps, marshes, bogs, fens, and flats. There are no offi- Wetlands are areas where the periodic or cially adopted names associated with particular permanent presence of water controls the types of wetlands (each agency with jurisdiction characteristics of the environment and associated over wetlands has its own system of titles and plants and animals. They include marshes, classifications). Wetlands either can always be swamps, and similar areas found in flats, in covered in water, can hold water within a few depressions in the landscape, on slopes where inches of the surface, or can experience times when groundwater emerges to the land surface, and soils are dry and when soils are inundated. In between dry land and open water along the edges addition, they can either be unvegetated, or they of streams, rivers, lakes, and coastlines. Wetlands can contain floating or submerged plants, her- include the portions of water bodies shallow baceous (non-woody) plants, or a mixture of herba- enough to permit sun to reach the bottom, thus ceous and woody (trees and shrubs) plants. potentially allowing vegetation to take root, and the 2001portions of land that Technical regularly, frequently, or Manual Freshwater wetlands are regulated by New continually contain standing water or water within York State in Parts 662 through 665 of Title 6 of the six inches of the surface. Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR). Under this This transition zone of land and water can regulation, freshwater wetlands of 12.4 acres or support a particularly rich assortment of plant and larger are protected, although smaller wetlands can animal life. This community begins with the also be protected if the DEC commissioner has microscopic plankton and algae that are the determined that they have unusual local primaryOut generators of foodof sources Date and also - DO NOT USE importance. In addition to the wetland itself, a includes worms, slugs, clams, and other bottom or- buffer area around the freshwater wetland, called ganisms; amphibians; reptiles; birds; and mammals. the "adjacent area," is also protected. The Wetlands also serve the important physical

CEQR MANUAL 3I-3 10/01 freshwater wetland “adjacent area” refers to the zone is that portion of a tidal water that is contiguous upland area the condition of which shallow enough to let sunlight penetrate to the affects conditions in the wetland. State regulation bottom , thereby permitting the opportunity sets the adjacent area within 100 feet of the wetland. for a variety of rooted and floating aquatic However, a larger wetland buffer should be plants and animals to take hold. Although the provided when critical hydrological, habitat, and richness of the ecological systems in a littoral other ecological functions related to the wetland are zone can vary widely, its location at the edge of outside the 100 foot regulated adjacent area. Many land makes this zone important for removal of of the City's freshwater wetlands are in Staten pollutants that come from activities on land Island, which contains more than 2,000 acres of this and for tidal flood control. The land under resource. These include Mariner's Marsh, in the water adjacent to nearly all the shoreline in the Port Ivory section; Graniteville Swamp, a swamp City is classified as littoral zone by the New forest in the northern part of the island; and York State Department of Environmental Goethals Bridge Pond. Others are in Queens, Conservation (DEC). including Alley Pond Park. Characteristic plants include buttonbush, willow, sedges, coarse grasses, ƒ Coastal shoals, bars, and flats. These wetland rushes, reeds, cattails, swamp azalea, and others, types are defined in 6 NYCRR 661.4 as the depending on soil characteristics, the degree and wetland zone that (1) at high tide is covered by duration of inundation, and land use history. water; (2) at low tide is exposed or is covered by water to a maximum depth of 122. Tidal Wetlands approximately one foot; and (3) is not vegetated by low marsh cordgrass Spartina Tidal wetlands are found in and around the alterniflora. Like the littoral zone, this area can City's tidal water bodies. Since the City has more perform a number of valuable functions, such than 500 miles of tidal waterfront, the opportunity as supporting varied and productive plant for tidal wetlands is vast. And, despite all of its and animal life and serving as feeding habitat development, the City still contains a substantial for wading birds. Some examples of coastal variety of tidal wetlands. Most of these are in shoals, bars, and mudflats in the City of New Jamaica Bay, and in the inlets and coves that line York are located along Coney Island Creek in the shores of northern Queens and southeastern Brooklyn; along Pugsley's Creek, the mouth of Bronx, particularly at Udall's Cove, Alley Pond Westchester Creek, and the many small inlets Park, and the mouths of the Bronx and Hutchinson near Clasons Point in the Bronx; and Rivers. throughout Jamaica Bay, in Queens, where there are 350 acres of tidal mudflats. Tidal wetlands are regulated by New York State in Parts 660 and 661 of Title 6 (6NYCRR). As ƒ Intertidal marsh. The intertidal marsh is defined for freshwater wetlands, in addition to the tidal in 6 NYCRR 661.4 as the vegetated wetland wetland itself, a buffer area around the wetland an zone lying generally between average high and “adjacent area” is also protected. In the City of low tidal elevation. Thus, this area is subject to New York, the tidal wetland adjacent area as inundation by tidal flows twice daily. This defined by State wetland regulations, usually and the coastal fresh marsh tidal wetlands includes the landward area within 150 feet of the defined below are generally considered the wetland. As noted in Section 121 above, however, most biologically productive of all tidal wet- based on the relationship of the wetland and its 2001 Technicallands areas.Manual Since they receive twice-daily surrounding area, a different protective buffer is tidal flushing, they are effective at cleansing sometimes appropriate. In 6 NYCRR 661.4, tidal ecosystems and absorbing silt and organic wetlands are grouped according to characteristic material. In addition, the plankton that ecological zones, as follows: flourish here, as well as decomposed organic matter, are easily transported to adjacent ƒ Littoral zone. The littoral zone is defined in 6 waters for use in the food chain. Intertidal NYCRR 661.4 as the tidal wetlands zone that marsh is suitable for fish spawning, and, where includes all lands under tidal waters, to a Out of Date the- area DO is also rocky, itNOT supports encrusting USEor- depth of six feet at mean low water, that are ganisms as well. Intertidal marsh is also very not included in any of the other categories effective for flood and hurricane storm listed below. In ecological terms, the littoral protection. The predominant vegetation is low

CEQR MANUAL 3I-4 10/01 marsh cordgrass (Spartina alterniflora). Jamaica ƒ Formerly connected tidal wetlands. Formerly Bay includes some 950 acres of intertidal connected tidal wetlands are defined in 6 marsh. Other examples of intertidal marsh, NYCRR 661.4 as the tidal wetlands zone in often located beside high marsh (see below), which normal tidal flow is restricted by man- are found at Mariner's Marsh on the northern made causes. These wetlands normally occur shore of Staten Island in the Port Ivory section; in lowland areas, in which connections to tidal in Flushing Bay, Powell's Cove, and along waters have generally been limited by Jamaica Bay in Queens; and along Pugsley's construction of dikes, roads, and other struc- Creek and the mouth of Westchester Creek in tures. These areas, however, may still function the Bronx. as productive natural resources and such wet- lands are considered on a case-by-case basis for ƒ Coastal fresh marsh. Coastal fresh marsh is their value as resources. These wetlands may defined in 6 NYCRR 661.4 as the tidal wetland continue to support the wetland plants zone found primarily in the upper tidal limits established from their previous condition, or of riverine systems where significant fresh they may be infiltrated with common reed water inflow dominates the tidal zone. The (Phragmites australis). Old Place Creek on grasses that typify the coastal fresh marsh are western Staten Island is an example of a different from those of the intertidal marsh. formerly connected tidal wetland. In addition, Like the intertidal marsh, the coastal fresh some areas, such as the Idlewild landfill area in marsh is biologically productive and effective southern Queens, show no surface connection in flood and storm protection. Plants found but still contain underground tidal flow. here include narrow-leaved cattails, tall cord Therefore, landfills at the water's edge often grasses, and freshwater species such as arrow have "inland wetland vegetation." arum, pickerel weed, and cutgrass. Examples include Lemon Creek, Fresh Kills Creek, and 130. UPLAND RESOURCES the Mariner's Marsh shoreline near Port Ivory on Staten Island. Upland resources include all natural areas that are not water resources or wetlands. In New York ƒ High marsh or salt meadow. High marsh or salt City, upland resources are enormously diverse. meadow is defined in 6 NYCRR 661.4 as the Although the function, productivity, and value of uppermost tidal wetland zone that is specific uplands may vary considerably, generally periodically flooded by spring and storm tides these resources provide wildlife habitat, open space and is usually dominated by salt hay and and recreational opportunities, and particular spike grasses. Other plants include low vigor, functions such as storm and flood control or seaside lavender, black grass, chairmaker's wetland protection. With the exceptions of rush, marsh elder, and groundsel bush. beaches, dunes, and bluffs, upland resources are Because the high marsh receives only occa- generally described by their vegetation. sional tidal flooding, its value for marine food production is somewhat less than the lower- 131. Beaches, Dunes, and Bluffs lying marshes. However, it is very important The City contains a variety of coastal uplands for feeding, resting, and some nesting by birds, associated with its shoreline. Beaches, which can be and for foraging by some amphibians and found all along the City's Atlantic Coast, along the reptiles. Also, high marshes are particularly East River and Long Island Sound in the Bronx and 2001efficient at absorbing Technical silt and organic material; Manual Queens, and along southern Staten Island, are they are also extremely valuable for flood and major recreational resources. As ecological zones, hurricane and storm control. High marshes they are relatively tolerant of public use. There is cycle nutrients for the benefit of intertidal very little vegetation on the beach itself. Instead, marshes, near which they are often located. In the land is shaped and reshaped by the winds, New York City, the high marshes are found waves and tides every day. The species that live predominantly in the Jamaica Bay area, where here tend to be hardy. Birds, some reptiles, and there are about 530 acres of high marsh. They small mammals also use the beach for foraging, are Outalso located along of the Port IvoryDate shoreline - DO NOT USE resting, or as a path from shelter to the water. on Staten Island; at Flushing Bay and Powell's However, during breeding seasons, public use and Cove in Queens; and at Pugsley's Creek and the needs of nesting shore birds often conflict. For along the Saw Mill Creek in the Bronx.

CEQR MANUAL 3I-5 10/01 example, the piping plover, which is an endangered 133. Grasslands species, nests on beaches at Arverne, in the Grasslands are plant communities in which Rockaways. grasses and herbaceous plants are dominant and trees and shrubs are sparse or absent. In New York Dunes are recent accumulations of sand City, near the influence of salt spray, are maritime formed by sea winds and waves. Although their grasslands containing those species that can survive form is very fragile, they perform an essential in the harsh conditions that strong winds and salt function in protecting both the beaches in front of spray create. Predominant plants are hairgrass, them and land behind them from wave and storm switchgrass, bluestem, poverty oat grass, and forces. The grasses and herbs that can grow on seaside goldenrod. Grasslands are habitats for dunes, particularly where they face the sea, are small mammals, snakes, insects, and birds. Birds of among the few species that can live with limited prey and some larger species also forage in water supply. Their roots form a mat that stabilizes grasslands. Grasslands in the City are found the dune face. The back side of the dune can predominantly near the beaches and coastal areas, support a somewhat wider variety of plant life. particularly at Breezy Point and on the islands in This ecological zone supports beachgrass, bayberry, Jamaica Bay. Grasslands also prevail in areas and other grasses and shrubby species, but it is very subject to frequent fires (Blue Heron Park, Staten intolerant of recreational use or any kind of Island), on serpentine soils (Latourette Park, Staten construction that alters the dune's shape. Some Island), on landfill soils created with sand dredge coastal areas in the City have both primary and se- spoils (Marine Park, Brooklyn), and on thin mineral condary dunes; others have just one line of dunes. soils (Pelham Bay Park, the Bronx). Bluffs are steep formations of soft erodible 134. Meadows and Old Fields materials, such as clay and sand. Bluffs, like dunes, are particularly effective in protecting against Meadows are plant communities that become coastal erosion. They absorb wave energy, established in areas where a disturbance (either particularly during storms, and provide sand for natural or human-induced) cleared the area of the beach and for offshore sandbars and shoals. shrubs and trees. Meadows are dominated by Also like dunes, the toe, rise, and tops of bluffs are herbaceous plants, such as grasses and ferns, which fragile; loss of vegetation will lead to erosion, require periodic maintenance to prevent slumping, and possible destruction of the bluff colonization by woody plants. Examples of this itself. Bluffs therefore are not suitable for recreation habitat in New York City are the wildflower or for development. In considering beaches, dunes, meadows in Central Park in Manhattan and Alley and bluffs, it is important to remember that the Pond Park in Queens. Old fields are created where system that formed these resources is not static. forests have been cut to accommodate another Sands shift, new dunes are formed, bluffs erode— activity (e.g., agriculture, or building sites that have nowhere are the forces of nature to create or remove since been cleared), and then that activity is land so evident as in these coastal areas. The At- abandoned. For many years, these fields will lantic shoreline along the Rockaways and southern support grasses and other low vegetation. Without Staten Island includes notable expanses of beach maintenance, woody species will eventually begin with some dunes; the southeast shore of Staten to colonize, and a natural process of foresting the Island features bluffs. land, called succession, will take over. However, while these fields still offer only low cover for wild- 132.2001 Thickets Technical Manual life, they will provide habitats similar to other Thickets are characterized by low, shrubby grasslands and grassy areas. species such as bayberry, beach plum, sumac, poison ivy, and greenbrier. They are found most 135. Woodlands and Forests frequently on dunes, particularly where they face Before European settlement, nearly all of the away from the sea, on the toe and tops of bluffs, City's uplands were forests or woodlands. Typical and on the islands in Jamaica Bay. Like grasslands, woodlands were mixed deciduous hardwoods— the low-lying plant life supports insects, small Out of Datemaples, - oaks, DO and beech, withNOT associated tuliptree, USE mammals, snakes and other reptiles, and birds, and ash, cherry, and hickory—and stands of conifers, they provide forage for larger animals and birds. with white pine and hemlock. Much of the forest was destroyed, first by farming and then by ur-

CEQR MANUAL 3I-6 10/01 banization, and no "first growth" woodland once were, a number of species live not only in remains. However, second-growth forest stands "natural" areas, but some also utilize piers, bridges, can be found in the Bronx, Queens, Manhattan, and buildings, and other structures as habitat. In Staten Island. For example, the oak-chestnut addition, a variety of structures have been built to association, located in the central hills of Staten replace some of the environment's natural functions Island, is well known. In addition, some of the for flood and erosion control. These built resources stands in and near the New York Botanical Garden include the following: in the Bronx and in Inwood Hill Park in Manhattan are extensive, and a developing oak woodland ƒ Piers and other waterfront structures. Most of the exists at Mott Point in the Rockaways. In addition City's waterfront structures, whether to native tree species, a number of introduced tree functioning or not, provide habitat for certain species (such as London plane, stock pine, Norway marine species. These can include: plankton; spruce, European larch, and ginkgo) were brought encrusting organisms, such as algae, mussels, to the City from Europe and Asia; these are often and barnacles, which live on the structures and intermingled with native species in the City's are food sources for creatures higher on the woodlands. Woodlands can offer shelter and food food chain; benthic species such as clams; and for a full range of animal species. This function is fish, including striped bass, winter and also valuable when a woodland is adjacent to a summer flounder, American eel, Atlantic wetland or water resource. herring, white perch, bay anchovy, and many others, depending on the location of the The City also contains barrens, which are habitat. intermediate wooded areas characterized by sandy, dry soils, and exposure to sea winds. The sandy ƒ Old piers, pile fields, and other ruins. Many soils hold little moisture, and they lack the nutrients waterfront and other structures that have been that most plants require. However, these soils can abandoned by humans are now in active use support a particular group of woody species, such by a range of wildlife. In addition to the as black oak, white oak, chestnut oak, post oak, species that use active waterfront structures blackjack oak, and pitch pine. Known as sandy oak (see above), the lack of human activity makes barrens, these resources are similar to the Pine pile fields and old piers attractive to a number Barrens in southern New Jersey. Greenbrier and of birds, which nest and/or forage there. The other thicket species, such as highbush and pile fields and decaying piers, particularly on lowbush blueberry, hackberry, and huckleberry, are the Brooklyn and Staten Island waterfronts, are also found in the sandy oak barrens. Small favorite living places for cormorants. At mammals and reptiles, such as turtles, are common Shooters Island in the Kill Van Kull, hundreds in barrens. This habitat is located primarily in the of abandoned marine vessels attract many spe- southwest area of Staten Island. cies of herons, kingfishers, cormorants, and gulls for foraging and, in some cases, nesting. 136. Gardens and Other Ornamental Landscaping On North Brother Island and Roosevelt Island, ruins of hospital and other public buildings are The City is dotted with a variety of gardens, now the home for bats, snakes, heron landscaped areas, and small parks, as well as larger, colonies, and feral animals. landscaped parks, such as Central Park, Prospect Park, and the many cemeteries in Queens and ƒ Beach protection structures. Many of the City's Brooklyn. Vegetation here is usually not natural, 2001 Technicalbeaches Manual are protected by groins, jetties, and but these areas are nonetheless useful resources for breakwaters that break the force of ocean recreation and some bird, small mammal, and waves and slow the drift of sand. Groins in insect habitat. New York City, such as those at Coney Island and Rockaway, and the abandoned groins 140. BUILT RESOURCES along the south shore of Staten Island, are typically stone and timber structures Over the years, as the City's once natural perpendicular to the beach, erected to mini- environment has evolved to one of dense Out of Date -mize DO erosion. Jetties NOT are larger rock structuresUSE development, certain wildlife species have adapted. used to stabilize inlets; Rockaway Inlet is held Today, although the organisms inhabiting the City's in position by such jetties. Other protection resources are less abundant and diverse than they structures used in the City include small tim-

CEQR MANUAL 3I-7 10/01 ber wave breaks used to prevent waves and ered important resources and are regulated by ship wakes from disturbing moored boats in the State. This includes tidal and freshwater marinas, and breakwaters, which are larger wetlands, coastal estuarine waters, and all structures, usually constructed of stone, timber other water resources (see Section 110 above). cribs, and/or steel, that serve a similar purpose. ƒ Jameco and Magothy Aquifers. Beneath Brooklyn and Queens, these aquifers are designated sole ƒ Flood protection structures. In several low-lying source aquifers (i.e., they are used to supply areas, flood protection structures have been in- drinking water) and are thus afforded special stalled. These include tide gates (such as at the protection under the Clean Water Act. mouth of Flushing Creek), weirs (found, for ex- ample, along Wolfe's Pond Creek in Staten Is- ƒ Coastal resources. In New York City, all coastal land), and pumps (such as in the College Point resources are considered important and are area along the shores of Flushing Bay). protected by the State's Coastal Management Program. Any area within New York City’s ƒ Other structures. A wide variety of structures coastal zone boundary, as defined under the in the City may offer habitat for some species. City’s New Waterfront Revitalization Program, One example is the peregrine falcon’s use of is considered an important coastal resource. tall buildings and bridge towers. These birds prefer to nest in high places within sight of ƒ Gateway National Recreation Area. This National water. Until the 1930's, the falcons nested on Park Service property encompasses some cliff ledges on the Palisades. However, the 26,200 acres of coastal area, almost all of which pervasive use of DDT and other pesticides (24,500 acres) is in New York City. It includes caused their extirpation from the area due the following areas: mainly to eggshell thinning, which drastically lowers breeding success. Today, these birds 1. A stretch of shoreline along southeastern are enjoying a limited resurgence due to the Staten Island (about 1,210 acres, including banning of DDT in 1971 and artificial rearing the Oakwood, New Dorp, Midland, South (hacking). The number of peregrine falcons Beaches, Great Kills Park, Miller Field, Fort has grown steadily since 1983, when the first Wadsworth, and two small islands); peregrines in decades returned to nest on 2. About 1,000 acres at Breezy Point, the bridges in the City. They can now be found western end of the Rockaway peninsula once again on building ledges and other tall south of Jamaica Bay; structures around the City, such as skyscrapers 3. Jamaica Bay, comprising about 4,500 acres in Midtown Manhattan and the Marine (including Floyd Bennett Field; shorelands Parkway Bridge in Brooklyn. at Bergen Beach, Plumb Beach, and Dead Horse Bay; the parklands at Canarsie, 150. SIGNIFICANT, SENSITIVE, OR Frank Charles, and Hamilton Beach Parks; DESIGNATED RESOURCES land at Spring Creek Park; the landfills at Pennsylvania and Fountain Avenues; and The City, state, and federal governments have the waters, lands, marshlands, and islands all recognized the value, rarity, and sensitivity of within Jamaica Bay itself); and many of the City's natural resources. State and 4. Sandy Hook (an area outside of New York federal2001 interest is generally Technical focused on the City's City) Manual comprising about 1,700 acres on a coastal areas, but the City also recognizes a peninsula at the northern end of the New number of upland areas as having significant Jersey coastline. value. Most often, these areas combine several of the natural resources defined above. The following ƒ Jamaica Bay. Jamaica Bay is one of the largest resources are designated significant, sensitive, or coastal wetland ecosystems in New York State, worthy of protection. The legal protections for and provides a variety of habitats, including these natural resources are described below in Sec- surface waters, tidal wetlands, grasslands, tion 710. Out of Date beach,- DOdunes, thickets, NOT and woodlands. USE Jamaica Bay is used by nesting birds and ƒ Waters. All of the waters of New York City— wintering waterfowl in concentrations of both surface and groundwater—are consid- statewide importance. Islands in Jamaica Bay

CEQR MANUAL 3I-8 10/01 are important rookeries for a variety of heron majority of the outer shoreline of Jamaica species. The only population of laughing gulls Bay is included in the designation as a in the state is also found in Jamaica Bay, as are Special Natural Waterfront Area. This numerous other gull colonies. The islands and designation includes the shorelines of shorelines of Jamaica Bay are used by a variety Breezy Point; Fort Tilden; Riis Park; the of reptiles, amphibians, and small mammals. north shore of the Rockaway peninsula; In addition to these significant wildlife con- Vernam and Barbadoes Basins; Brant centrations, Jamaica Bay is a productive area Point; Motts Point; Motts Basin; Head of for marine finfish and shellfish. For these rea- Bay; Hook Creek and Marsh; the northeast sons, Jamaica Bay has been designated by DEC shore of Grassy Bay; Hawtree Basin; Old as a State Significant Fish and Wildlife Habitat Mill Creek and Spring Creek; Fresh Creek; (defined below) and a State Critical Paerdegat Basins; and the vicinity of Mill Environmental Area (as defined in 6 NYCRR Creek and Gerritsen Creek. 617.2: a geographic area designated by a state or local agency as having exceptional or ƒ Other State significant coastal fish and wildlife unique characteristics that make it envi- habitats. As part of the New York State Depart- ronmentally important), as part of the Gateway ment of State's Significant Coastal Fish and National Recreation Area (see above), and by Wildlife Program, the DEC recommends for the U.S. Department of Interior as a National designation by the Department of State areas it Wildlife Refuge. In addition, the City has considers significant coastal fish and wildlife designated its shorelines as a Special Natural habitats. These are habitats that are essential to Waterfront Area under the City’s Waterfront the survival of a large portion of a particular Revitalization Program. The exact area fish and wildlife population; that support encompassed by each of these designations populations of protected species (see below); differs, as described below. that support fish and wildlife populations that have significant commercial, recreational, or 1. Significant Coastal Fish and Wildlife educational value; and/or that are types not Habitat. About 10,000 acres of the Jamaica commonly found in the state or region. In Bay area (bordered by the mean high water New York City, there are 15 designated signifi- line along the shorelines, including the cant coastal fish and wildlife habitats. In fringing tidal marsh and adjacent upland addition to Jamaica Bay, described above, these areas) are designated as a significant are as follows: coastal fish and wildlife habitat. 2. Critical Environmental Area. All of the 1. Lemon Creek, Staten Island—A 70-acre mapped tidal wetlands in Jamaica Bay, area of salt marsh and coastal fresh marsh including the various basins, are that is the only undisturbed tidal wetland designated as a State Critical area on the south shore of Staten Island. Environmental Area. 2. Fresh Kills, Staten Island—About 1,000 3. Gateway National Recreation Area. This acres of tidal wetlands, including those on national recreation area includes all of the Island of Meadows and along Great Fresh islands, marshes, submerged lands, and Kills, Little Fresh Kills, Richmond Creek, waters in Jamaica Bay, as well as uplands and Main Creek. These wetlands, al- north of the bay (see above). though degraded, are valuable habitats for 20014. Jamaica Bay WildlifeTechnical Refuge. Within the Manualconcentrations of fish and wildlife species, Gateway National Recreation Area, and they are also a wintering area for a approximately 2,500 acres consisting of the threatened species (Northern harrier). water and islands of Jamaica Bay are 3. Prall's Island, Staten Island—An 80-acre, designated as a national wildlife refuge. uninhabited island maintained by the This includes uplands and low-lying City of New York Department of Parks islands surrounded by salt water, fresh and Recreation. This island has water, and brackish impoundments, and historically been used by large numbers of Outexcludes the community of of BroadDate Channel - DOcolonial water NOT birds, including herons. USE and certain City rights-of-way, located on 4. Sawmill Creek Marshes, Staten Island— the largest island in the bay. These marshes, including Chelsea Marsh 5. Special Natural Waterfront Area. The and Merrell's Marsh in northwestern

CEQR MANUAL 3I-9 10/01 Staten Island, although greatly affected by 13. Meadow and Willow Lakes, Queens— human activities, are one of the few loca- Two freshwater lakes and a connecting tions inhabited by a population of channel that are one of the largest southern leopard frogs. expanses of fresh water in Queens County. 5. Goethals Bridge Pond, Staten Island—A 14. Breezy Point, Queens—The 290-acre west- large shallow freshwater pond and ernmost tip of a 10-mile-long barrier wetland system that is an important beach, including the dune areas and sand feeding area for three major heronries and beaches. This is the only relatively one of the few known breeding areas in undeveloped barrier beach in the City, the City for several waterfowl species. and provides an important habitat for 6. Shooters Island, Staten Island— An island breeding colonies of endangered and that has been used for nesting by large threatened shorebird species. (Breezy numbers of colonial water birds, and has Point is also part of the Gateway National historically been occupied by one of the Recreation Area, described above.) area's largest heronries. 7. Lower Hudson Reach—The portion of the ƒ In addition to these areas, New York City has Hudson River extending 19 miles from recognized certain areas within the City as Battery Park to Yonkers, including deep possessing unique natural features that should water, shallows, piers, and interpier be protected. These are designated through basins. This habitat sustains a diverse special zoning districts in the City's Zoning community of benthic, planktonic, and Resolution, designed to preserve their natural pelagic species, and provides important characteristics, as follows. wintering habitat for large numbers of striped bass. 1. Special Natural Area District 1—Emerson 8. North and South Brother Islands, Bronx— Hill, Dongan Hills, Todt Hill, Lighthouse Two relatively undisturbed islands that Hill, and the central wetlands area of Staten are used for nesting by a large number of Island. The hills are characterized by steep colonial water birds, and contain one of slopes, rock outcrops, erratic boulders, and the area's largest heronries and one of only ponds, lakes, swamps, creeks, and trees; two double-crested cormorant colonies in many of the high and low central wetlands southeastern New York State. are still in their natural state. 9. Pelham Bay Park Wetlands, Bronx—Two 2. Special Natural Area District 2—Riverdale, major coastal areas within Pelham Bay Spuyten Duyvil, and Fieldston (the Bronx). Park, including a 475-acre area of high This area includes a ridge with steep marsh, intertidal marsh, and salt flats; and slopes, rock outcrops, ponds, brooks, the lagoon, a 275-acre narrow bay and swampy areas, and mature trees; marshes; wetland complex. This area is used as and the Hudson River shoreline. feeding or resting area for a large number 3. Special Natural Area District 3—Shore of birds. Acres Area (Staten Island). This area, 10. Little Neck Bay, Queens—The open water surrounding and including Shore Acres in the bay, which is of regional Pond, is a resting area for migratory and significance as one of five major waterfowl local fowl. wintering areas on the north shore of Long 4. Special Fort Totten Natural Area District 4 2001Island, a significant Technical striped bass nursery (Queens). Manual This area protects open areas, areas in the region. historic resources, and natural resources, 11. Alley Pond Park, Queens—Including salt including the shoreline along Little Neck marsh, tidal flat, and freshwater wetlands, Bay and Long Island Sound. which are used by concentrations of fish 5. Special Hillside Preservation District. This and wildlife species, including the district was established to preserve the Northern harrier, which overwinter here. hilly terrain and unique natural features of 12. Udall's Cove, Queens—One of the last un- New York City. The City’s goals are to re- developedOut tidal salt marshesof in theDate north- -duce DO hillside erosion, NOT landslides, and exces- USE ern Queens County and East River area, sive stormwater runoff by conserving vege- rare in the county and rare in an ecological tation and protecting natural terrain; to subzone in New York. preserve hillsides with unique aesthetic

CEQR MANUAL 3I-10 10/01 value; to protect areas of outstanding ƒ Wildlife refuges and sanctuaries. New York City natural beauty; and to protect has a number of wildlife refuges and neighborhood character. sanctuaries, most located in City parks. In 6. Special South Richmond Development Dis- addition to the Jamaica Bay Wildlife Refuge trict (Staten Island). Established to guide (above), examples of such resources include: the development in the southern half of Staten Island, it mandates tree 1. Thomas Pell Refuge and Wildlife preservation, planting requirements, and Sanctuary, in Pelham Bay Park, a 50-acre controls on changes to topography. It tidal wetland area. defines a network of open space for preser- 2. Hunter Island Marine Zoology and vation in its natural state. An owner of Geology Sanctuary, in Pelham Bay Park, such space is permitted to transfer its with woodlands used by numerous development rights to the remainder of wildlife species. his/her property. 3. Udall's Cove Wildlife Preserve, in Queens ƒ Special Natural Waterfront Areas. Under the and Nassau County, covering about 90 City’s Waterfront Revitalization Program, New acres, some 33 of which are in New York York City has also designated a number of City. Special Natural Waterfront Areas. In addition 4. Clay Pit Ponds State Park Preserve, on to those described for Jamaica Bay, above, these Staten Island. This 260-acre park includes include: ponds, wetlands, woodlands, including sandy oak barrens, and streams. About 70 1. The shoreline from the mouth of the Bronx acres of this preserve were designated a River at Hunts Point and Soundview Park, Unique Natural Area under the State stretching along the shoreline to the mouth Nature and Historical Preservation Trust. of Westchester Creek and Ferry Point Park. 5. William T. Davis Wildlife Refuge, on Staten 2. The shoreline along Hammond Cove and Island. This 260-acre area includes the mouth of Wier Creek. wetlands around New Springville Creek. 3. The shoreline along Palmer inlet. 6. High Rock Park Conservation Center, on 4. The shoreline adjacent to Pelham Bay Staten Island. This hilly 94-acre park rises Landfill, following the shoreline along the to 225 feet above sea level. banks of the Hutchinson River and stretching east along the Westchester ƒ In addition to particular areas of the City that County border in Pelham Bay Park. are recognized and called out as unique, 5. The shoreline of Hart Island. certain species and habitats are also considered 6. The shoreline along the west coast of Little important and worthy of protection, wherever Neck Bay, Alley Pond Park, Udall’s Ravine, they may occur. Udall’s Cove, and stretching along the Nassau County border to the East River. 1. Protected species. Both the federal and 7. The shoreline along Powell’s Cove. state laws designate certain species of 8. The shoreline along North and South plants and animals as protected, because Brother Islands. they are rare or in danger of extinction. 9. The shoreline of Shooters Island. Certain habitats are also designated as rare. 10. The shorelines of the marshes, creeks and Under federal law, plant or animal species 2001islands on western Technical Staten Island, starting Manualcan be considered endangered or just north of the Goethals Bridge, stretching threatened; under state law, animal species south along the eastern shoreline of the can be considered endangered, threatened, Arthur Kill, continuing south along Prall’s or of special concern, and plant species can Island to the south shoreline of Great Fresh be endangered, threatened, exploitably Kill, then stretching east along the south vulnerable, or rare. Other species that are shore of Great Fresh Kill and both shores of not in these categories can also be pro- Richmond Creek, then turning north and tected. Protected species that may be found Outweaving around theof boundaries Date of Fresh - DOin New York CityNOT include such bird USEspecies Kill Marsh, Sawmill Creek Marsh, Mariners as piping plover, least tern, common tern, Marsh, and Old Place Creek Marsh. northern harrier, peregrine falcon, osprey, Coopers hawk, short-eared owl, least

CEQR MANUAL 3I-11 10/01 bittern, upland sandpiper, and grasshopper Conservation Law (6 NYCRR Parts 182 and sparrow; marine turtles; amphibians such 193). as southern leopard frogs; and such fish as shortnose sturgeon. ƒ The site of the action contains no subsurface 2. New York State Natural Heritage Program. conditions, the disruption of which might affect The Natural Heritage program maintains a the function or value of an adjacent or nearby database of information on rare animals, natural resource (for more information, see rare plants, and significant natural Chapter 3J, "Hazardous Materials"). communities of New York State. This includes an inventory of all the different ƒ The site of the action is near or contiguous to ecological communities—rare and natural resources as defined in Section 100 common—that occur in New York State, above, but no activity associated with the action representing the full array of biological would disturb them, either directly or indi- diversity in the State. It also includes an in- rectly. ventory of rare plants, fish, and wildlife in the State, including some that are not ƒ As determined by satisfying all of the above currently protected by State law. All of the criteria, the proposed action involves the habitats and species listed in the program disturbance of a natural resource, but that are given a ranking indicating their rarity impact has been deemed insignificant by a both globally and in the State. Although government agency with jurisdiction over that the Natural Heritage Program rankings do resource and conditions have not changed not provide legal protection, they can be significantly since the permit was issued. An used for assessment of an action's impacts example would be the repair or replacement of on rare species. piers, piles, bulkheads, and other waterfront structures. These actions have been classified 200. Determining Whether a Natural as environmentally insignificant in the U.S. Resources Assessment is Appropriate Army Corps of Engineers' "Nationwide Permit" for such actions (see Section 710 Two possibilities determine whether an below). adverse impact on a natural resource might occur, and therefore an assessment may be appropriate: If the action does not meet all of these the presence of a natural resource on or near the site conditions or if it is unknown whether the action of the action; and an action that involves meets one or more of these conditions, then an disturbance of that resource. assessment of natural resources is appropriate.

Bearing in mind the types of disturbances 300. Assessment Methods listed in Section 341, if the following are all true for a given action, then no natural resources as- The assessment of potential impacts on any sessment is necessary: natural resources contains three basic elements. These elements are the same, although the level of ƒ The site of the action is substantially devoid of detail may vary for site-specific, area-wide, or natural resources, as defined in Section 100 programmatic (generic) actions. The elements are 2001above or the site of the Technical action contains natural as follows: Manual resources or important subsurface conditions, but no activity associated with the action (see ƒ For existing and future no action conditions, Section 341) would disturb them, either determine the value of the natural resource, as directly or indirectly. demonstrated by the uniqueness, variety and density of its species; its use for recreation, ƒ The site of the action contains no "built open space, or commerce; its relationship to resource" that is known to contain or may be neighboring resources and to the overall area used asOut a habitat by a protectedof speciesDate as ecosystem;- DO or its role inNOT ecosystem cleansing USE or defined in the Federal Endangered Species Act storm and flood management. (50 CFR 17) or the State's Environmental ƒ Examine the environmental systems that support the natural resources in the study area.

CEQR MANUAL 3I-12 10/01 As described in Section 143, these are most 310. DEFINE THE STUDY AREA often the water resource systems that transport or retain water to maintain vegetation and Determination of the limits of the study area provide aquatic habitat. The interrelationships for the assessment of natural resources depends on among resources also create environmental the potential effects of the action and the resource(s) support systems, as described in the introduc- in question. The study area should include the tion to the Natural Resources section. In project site and resources (including adjacent areas, another example, an intertidal wetland flushed as applicable) that may be affected by activities on twice daily by the tide becomes the source the project site. Where a resource is small enough from which vegetative and organic materials that the proposed action would affect it in its entire- are transported to adjacent waters for use in ty, the study area may encompass the entire re- the estuarine food chain. source. An example is a small pond where only a  portion of its surface water, surrounding wetland, ƒ Describe fully and in appropriate detail the and adjacent area lie within the site. Proposed construction and operational activities activities may directly affect only those portions of associated with the action and analyze their the pond within the site; however, the overall interaction with the resource itself and the functions or value of the remainder of the pond environmental systems that support it. may also be altered by the activity (for example, loss of minimum area to provide wildlife habitat). These three elements are interrelated and, To understand impacts on this resource, it may be therefore, the order in which the analyses are necessary to assess conditions in the complete conducted may vary with a particular action. For aquatic, wetland, and adjacent habitat. If this is the example, it is often most efficient to evaluate the case, then the study area includes the entire pond resource first. This will help set the level of detail and related habitats. Similarly, where a small required for the analysis of the action and of the portion of a very large resource (such as Jamaica underlying elements serving the resource. Bay) is located within the project site, it may not be However, if an assessment is required because the necessary to include the whole resource; it may be lead agency or applicant is unsure of the extent of more appropriate to focus on a portion of the disturbance that an action would cause, then part of resource within and adjacent to the project site, the third task (describing the project disturbance in while providing a more general discussion of the detail) would be completed first. If completion of larger resource for context. that task identifies the potential for an indirect ef- fect, say, a change in drainage patterns near a 320. ASSESS EXISTING CONDITIONS running stream, then the second task might be undertaken before the first, as well. Before This task assesses a natural resource to determining the value of that stream, it might be understand its value for one or more of a number of most prudent to examine the drainage system functions—such as recreation, open space, visual serving the stream. If the action changes drainage quality, wildlife habitat, ecosystem cleansing, patterns, but this change would be minimal to the groundwater recharge, flood or storm control, or surface and ground waters serving the stream, then erosion control. This includes learning what the action's impact would not be significant and qualities are present in the resource (and will be there would be no need for further analysis. present in the future without the action) and However, no matter which of the three tasks comes determining which of these are most important for 2001first, the assessment always Technical begins with selection of a given Manual function. As with all technical analysis a study area. The following discussion addresses areas, the approach to the analysis is to match the the study area, then describes each of the three level of detail and effort to the anticipated effect of general tasks listed above—evaluation of the the action. However, in this technical analysis area, resource; assessment of environmental support absent any specific information, the resource is usu- systems; and assessment of probable impacts of the ally presumed to be important and valuable. The action. These sections are followed, in Section 360, evaluation either confirms this assumption or with discussions of those issues that may apply shows the extent to which the presumption of value specificallyOut to each of the resourceof typesDate defined in cannot- DObe confirmed. NOT The tasks below USEoutline Section 100. general approaches to evaluating the City's natural resources. For most of the work outlined below,

CEQR MANUAL 3I-13 10/01 the use of an ecologist or related discipline may be 4. Assessment and conclusions. Based on the appropriate. observations from one or more reasonable site visits at the appropriate season for reviewing 321. Field Reconnaissance that particular resource, the analyst assesses general conditions of natural resources in the A field reconnaissance of the study area, based study area. If conclusions about the value of a one or more reasonable site visits at the appropriate natural resource are clear from the re- season for reviewing that particular resource, connaissance (for example, the vegetated area allows the analyst to understand the extent of the is highly disturbed and unlikely to offer resource, the context of its surroundings, and the significant habitat, to function as a buffer for area where the action will take place. The field visit higher quality habitat, or to provide is the first step in determining the scope of the recreational opportunities—or the resource, natural resources assessment. In some cases, such as a dune, is clearly present, clearly evidence gathered in an initial field reconnaissance undisturbed, and hence clearly highly valua- may successfully support an assessment showing ble), then this part of the analysis need go no that a resource is of limited value and/or that an ac- further. More often, the conclusions of the re- tion’s disturbance would not be significant. A field connaissance will serve to focus more detailed reconnaissance can include one or more of the fol- study. For example, reconnaissance could lowing tasks, as appropriate: reveal that the site is partially forested and could potentially support valuable species that 1. Identification of major resource or habitat are only observable during specific conditions types. An initial reconnaissance may not be (for example, herbaceous plants during the sufficient to identify subtle differences within growing season; nocturnal animals at night; resource types (for example, the distinction migrating birds in the spring and fall). This between the various types of fresh marshes would call for further observation under the often requires a number of site visits to appropriate conditions to determine if that determine the marsh's physical characteristics species is present. There are also situations under varying weather conditions and a where a potentially valuable habitat is seen, detailed listing of specific vegetative species). but its value cannot be deduced based solely However, the reconnaissance can identify on the site reconnaissance without major resource types and locate these on a map observations of the larger surrounding area. (although boundary conditions would be For example, if the survey reveals that the site approximate). contains a barrens habitat, a wider area would 2. Initial characterization of resource type and be surveyed to determine the extent of this condition. The analyst notes as much as habitat. possible in an attempt to characterize the re- source(s) in the study area. Important to these 322. Literature Search and Other Research observations are date and time of field visit; weather and, if appropriate, tidal stage; general If the field reconnaissance has identified a type and approximate size of each resource potentially valuable or sensitive resource, or if the area; plant and animal species observed; presence in the study area of such a resource is general soil types; presence of wet or poorly already known (e.g., if it is one of the designated drained areas, rock outcrops, steep slopes, and resources listed in Section 150, above), research is 2001other topographic features; Technical conditions (wheth- useful in helpingManual to assess conditions and make an er the resources appear disturbed); and use evaluation. The research may include one or more (what types of activities the resource is subject of the following steps: to—such as passive or active recreation, commercial use, or unauthorized uses like 1. Locate the study area on a U.S. Geological dumping or off-road vehicles). Survey (USGS) topographic map and identify 3. Organization of field notes and observations. and outline potential natural resource areas. The field reconnaissance is documented with a The USGS maps are most useful for the less field logOut including the itemsof listed inDate item 2, developed- DO areas of the NOTCity. USE above. Photographs (preferably in color) with 2. Submit letters to the U.S. Fish and Wildlife an accompanying site diagram are important Service and the New York State Natural to support the observations. Heritage Program requesting a file review on

CEQR MANUAL 3I-14 10/01 any threatened or endangered species or resource is affected by tides, the stage of the species of special concern in the project area, as tide when the image was formed will need to well as any unique plant associations or be determined from Tide Tables. communities in the project area (see Section 6. Review available site-specific information, if 730 for contacts and addresses). The request any. New York City has many specialized letter should contain a copy of the project libraries that hold reports and papers, such as location indicated on a USGS topographic theses and dissertations that can contain map. valuable local studies. These include the 3. Review sources of information that identify Hudson River Foundation, the library at natural resources of interest in the study area, Queens College, and the United Engineering including any protected species. These Library (see Section 730). Specialized resources include those designated resources computerized data bases, such as the DIALOG listed in Section 150, above, as well as any and BIOSIS information systems, can also be other designated or important resources. used to retrieve reports and publications Sources of information to be reviewed would related to natural resources that may apply to include, as appropriate: the City's Comprehen- the site. For example, a paper about the sive Waterfront Plan and the New Waterfront Atlantic flyway—a route used by migrating Revitalization Program, both of which identify birds that passes over New York City—could particularly valuable habitats in coastal areas; identify the avian species that might be the DEC's maps of regulated freshwater and expected in a particular area, and how they tidal wetlands; federal flood hazard area maps; would use that area. This information could be City zoning maps; Department of Parks and applied to particular project sites in that area. Recreation GIS maps; county soil surveys; Previous environmental assessments prepared results from DEC’s Breeding Bird and for other actions can also contain surveys and Herpetological Atlases; information on any analyses of the area. Environmental designated significant coastal fish and wildlife assessments prepared under CEQR can be habitats (e.g., Essential Fish Habitat, or EFH) or examined at the offices of OEC or the lead critical environmental areas; coastal erosion agency; EPA and the U.S. Army Corps of hazard area maps; National Wetland Inventory Engineers keep copies of Federal envi- (NWI) maps (prepared by the U.S. Fish and ronmental assessments. The National Park Wildlife Service from aerial photographs as Service headquarters for Gateway National part of the National Wetland Inventory Pro- Recreation Area has a library of surveys and gram, these are maps of all the wetlands of the studies prepared for that National Recreation United States, down to about one-half acre in Area, and the City of New York DEP Office of size), etc. (see Section 730). The State's list of Environmental Planning and Assessment and protected fish and wildlife are located in 6 the Parks and Recreation Natural Resources NYCRR, Part 182; the list of protected plants Group keep data on a number of natural and trees is in 6 NYCRR, Part 193. In addition, resources studies and assessments in the City. local universities and organizations can be a The New York City Department of good source of information, as these groups Environmental Protection (DEP) has water often sponsor or conduct ecological studies in quality data for sampling locations distributed New York City and the Harbor. in the Harbor. The DEP reports these data 4. Review specialized maps, where available. annually in their Harbor Water Quality 2001Examples are nautical Technical charts, drainage maps, reports. Manual The primary water quality indicators county soil atlases, soil and ground coverage used in these surveys are dissolved oxygen, diagrams, and plots of slopes. fecal coliform, enterococci, chlorophyll ‘a’, light 5. Review recent aerial photographs or advanced transparency and nutrients such as infrared and other photo imaging. These will phosphorus, ammonium and nitrite-nitrate. help in pinpointing the extent of vegetated and wetland areas and will show disturbed areas. 323. Determine Whether Field Surveys are However, before examining these photo- Appropriate graphs,Out evaluate local of climatological Date data to - DO NOT USE determine whether the photo year had normal Field visits of the study area are recommended or abnormal precipitation within the year to support and document the data in the literature. prior to the date of the photograph. If the If the information collected in the study area during

CEQR MANUAL 3I-15 10/01 field visits, and from the literature (as described in from the initial field reconnaissance and Section 322), is detailed enough to determine subsequent research; tentatively map the types potential impacts of an action, then additional field of resources and habitats that may be present. work is not necessary. 4. Identify areas where previous disturbance has occurred. Again, if all of the conditions identified in Section 200 are determined to be true, then no Once these steps have been followed, focused additional evaluation is appropriate. If one or more field studies can be performed to characterize the of these conditions are not true, or if it still cannot habitat. Field studies for habitat assessment and be determined whether all of these conditions are vegetative communities are best conducted when true, then a field survey is appropriate. growth is most evident and identifiable, typically mid-May to mid-September, or during traditionally 324. Habitat Characterization wet seasons (e.g., April) if habitat types such as vernal pools may be present. Several surveys The habitat within and adjacent to the project spaced over the growing season are recommended site should first be characterized. A habitat type because some species are only present seasonally or can be defined as an area with distinct vegetative will be more identifiable at certain times when and abiotic attributes that support a specific vegetative growth, flowers, or seeds are present. If grouping of species. Habitat characterization is the this is not feasible, inferences should be made about procedure of identifying the dominant vegetative the potential presence of seasonal vegetation, and physical characteristics of an area to assess its judging from the site’s overall characterization. value. Habitat types are primarily described by Surveys of nontidal watercourses should be their dominant vegetation, sources and permanence conducted during both low-flow and high-flow of water, and their relationship to other habitat periods. Surveys during low-flow conditions types. In addition, the site’s history, facilitate observations of streambank conditions, geomorphology, soils or sediments, climate, past channel morphology and in-stream plant growth, and present human disturbance, and other abiotic while surveys conducted during high-flow periods features are important. allow observations of intermittent streams and vernal pools. Surveys of intertidal wetlands should Generally, the question to be answered when be carried out throughout the tidal regime to characterizing the habitat at a site is whether the facilitate observations of inundation and intertidal habitat is capable of supporting fish, invertebrates, versus high marsh vegetation. Since vegetative and/or wildlife, including threatened and succession on abandoned sites in the City tends to endangered species and species of special concern. proceed rapidly, habitat types can change in a Thus, habitat characterization guides the remainder matter of several years. Thus, depending on the of a natural resources assessment. In addition, it length of the review process and construction provides information for permitting and regulatory schedule, habitat characterization surveys may approval, particularly if unique habitats, wetlands, need to be conducted over several years. or watercourses are involved. A number of factors should be considered Prior to conducting a habitat survey, the when characterizing a habitat; these include size, following general steps should be followed: shape, and the relationship of the habitat to adjacent areas. Rounder natural areas tend to be 1. 2001 Based on the preliminary Technical reconnaissance, more valuable Manual than oblong or linear ones of the subsequent research, and a complete un- same size (area) and vegetative composition, since derstanding of the location and extent of round habitat patches possess more interior than disturbance associated with the proposed linear ones. For example, a two-acre round patch of action (see 330, below), identify the resource shrubland may provide a better buffer with more areas of concern on an accurate map with interior space, and hence better habitat, for more clearly shown off-site reference points, such as yellow warblers than a five-acre narrow rectangle. a USGS topographic map, soil survey map, Larger areas also tend to be more valuable than City map,Out Sanborn map, ofor map prepared Date by smaller - ones DO of the same NOT shape and vegetative USE site engineers. composition. A large, blocky natural area, even one 2. Estimate the size of the area to be studied. with low vegetative diversity, can be valuable. For 3. Determine as much about the area as possible example, large disturbed sites dominated by

CEQR MANUAL 3I-16 10/01 common reed or mugwort serve as good winter Descriptions of the various plant communities foraging habitat for raptors, can ameliorate the can vary widely with respect to the species urban heat-island effect, and can buffer or connect composition in New York City. Careful to higher quality natural areas. attention to dominant and co-dominant vegetation, understory species composition, In addition, disparate habitat patches are more soils, and hydrology will provide guidance as valuable if they are linked by corridors of to the correct “plant community” classification. appropriate vegetative cover. For example, Forest If an ecological community is not listed, a Park, Queens contains 413 acres of forest that is new descriptive habitat type should be connected by a predominantly wooded parkway developed, based on the existing plant (the Jackie Robinson Parkway) to a golf course, diversity of dominant or co-dominant species, several cemeteries, Highland Park, and three soils, hydrology and understory composition, vegetated, inactive reservoirs. The ecological value when necessary. An example of a descriptive of the 413 acre core is greatly augmented by the habitat type that is not listed in NHP’s adjacent, contiguous habitat corridor. The document would be “Urban Nonnative ecological value of the park is further enhanced by Forest.” An example of this community type its proximity to the Jamaica Bay Wildlife Refuge to can be found near the Staten Island portion of the south and Flushing Meadow/Corona Park to the Goethals Bridge and is dominated by the north. Thus, because Forest Park is in the nonnative species such as tree-of-heaven, middle of a wide vegetated corridor that crosses royal paulownia, white mulberry, Russian Long Island from north to south, it is a major olive, Asian bittersweet, and garlic mustard. migratory bird stop-over. In this way, a natural Other descriptive habitat types may be area must be evaluated in the context of developed as necessary. Once the ecological contributions it makes to the ecological function communities have been identified and and biodiversity of adjacent and proximal natural described, they should be mapped, and the areas of higher value. areal coverage of each should be estimated. Another source of information on habitat Several habitat evaluation procedures have types in New York City is the U.S. Fish and been developed, but these procedures are Wildlife publication “Significant Habitats and generally not appropriate for CEQR evaluations, Habitat Complexes of the New York Bight since they were developed for and validated in Watershed.” It includes maps that indicate non-urban environments. These include the where each habitat type is located within the Habitat Evaluation Procedure (HEP) and the New York Bight, descriptions of the physical Wetland Evaluation Technique (WET). For CEQR setting and lists of species that are commonly habitat evaluations, the following methods can be found within the habitat. employed to characterize habitat: ƒ Wetland delineation. If a federal or state- ƒ Ecological Communities Analysis. Every regulated wetland is present on or adjacent to detailed natural resources evaluation should a site and project-related activities will take incorporate an ecological communities place in this wetland or its adjacent area, an analysis. This consists of identifying, official delineation of the wetland boundaries describing, and mapping the community should be performed. An exception to this 2001types present within Technical the project area. The would Manual be if the wetland boundary is obvious characterization of ecological communities is without an official delineation, such as a primarily based on vegetative types, but it functional riprap shoreline. Delineation and may also consider abiotic factors and wildlife mapping of state and federal wetland usage. Descriptions of ecological boundaries provides information on habitats communities should generally follow the New present, plant species, and the uniqueness of a York State Natural Heritage Program’s site. Delineation methods are based on three (NHP’s) document titled “Ecological parameters: soils, vegetation, and hydrology. Communities of New York State.” In some Issues related to wetlands delineation and the cases,Out the dominant plantof species Date listed in the -methods DO that should NOT be used are discussed USE in community descriptions contained in this Section 352. document may differ from the matching urban communities found in New York City.

CEQR MANUAL 3I-17 10/01 ƒ Tree survey. Trees provide valuable habitat to be added to the grid to ensure that all habitat many species of birds and some mammals. A types are represented. The study results can tree survey should be conducted when trees then be subjected to statistical analyses to are present on-site and would be cleared or assess habitat variability and diversity. otherwise impacted (for example, by soil compaction, which can adversely affect the ƒ Transect Approach. This method is most root system) due to project-related activities. applicable to linear projects (roadways, Trees located on adjacent properties that may transportation corridors, and greenways) and be subject to the “edge effect”, (i.e., trees that involves the establishment of a baseline and were once part of protected interior of the perpendicular transects. Dependent upon the forest are now located on the perimeter due to size of the parcel and the diversity of the clearing) should also be surveyed. A tree habitats, transects can be closely (every fifty survey is used to assess the number, location, feet) or widely (every quarter-mile) spaced. and diversity of trees on a parcel. The Transects are walked and changes in plant minimum diameter of trees to be surveyed species and dominance are noted. and the methodology to conduct the survey should be determined in consultation with the ƒ Habitat heterogeneity. When additional appropriate Borough Division of the New information is necessary regarding the value York City Forester of Parks and Recreation, of a habitat type, an evaluation of habitat the New York City Department of heterogeneity may be appropriate. Since a Environmental Protection, and any other diverse plant community that produces a applicable resource agencies. In general, each diverse crop of seeds, berries, nuts, and green tree to be surveyed should be marked with a growth can typically support a diverse unique identifier and identified to the lowest wildlife community, the number of species possible taxonomic level (preferably species). (and codominance among several species) is The tree’s diameter is then typically measured often indicative of the habitat’s value to at breast height (4.5 ft above ground level) and wildlife. Heterogeneous habitat may also recorded. If a tree has multiple trunks at provide a seasonal or year-round important breast height, the diameter of each trunk food supply for wildlife, such as acorn should be measured and recorded separately. production in an oak-dominated forest or The identifier (e.g., identification number), muskrat habitat in a cattail monoculture. The diameter(s), and species (or genus) should be determination of habitat heterogeneity recorded for each tree, and each tree should be involves identifying the plant species in each mapped. The location of each tree can be vegetative stratum (groundcover, shrub layer, identified using a Global Positioning System vines, understory, and canopy) and (GPS) or a land surveying team. In some documenting the number of species in each instances, such specificity may not be stratum. necessary if the approximate location of each tree is sufficient to identify whether it would ƒ Increment borings. Increment borings are small be impacted by the project. The results of a diameter cores taken from a living tree that tree survey are used to determine what trees are used to determine the age of the tree by would be impacted by project-related counting growth rings. The age and height of 2001activities and, if appropriate, Technical to develop the tree Manual can give a qualitative measure of the compensatory mitigation for these impacts rate of growth. In addition, the age can be (see Section 550). used to determine the minimum amount of time vegetative succession has been occurring ƒ Quadrant Approach. This technique is used to in a particular community. Increment borings identify a plant species’ presence and would rarely be necessary for a CEQR dominance in a predetermined area, typically evaluation, but this method may be applicable one square meter, in size. Typically multiple at the discretion of the resource agencies. quadrants are located in a grid-type fashion over a parcelOut and the plant of species withinDate the ƒ Water- qualityDO analysis . AvailableNOT harbor survey USE quadrant are identified, vegetative strata data in the vicinity of a potential impact represented, and percent dominance for each should be compared to New York State DEC’s species determined. Additional quadrants can water quality standards to assess existing

CEQR MANUAL 3I-18 10/01 water quality. Additional information on prevalent during known periods of time, a one-time water quality analysis and modeling is given sampling event at the appropriate time and place below in Section 350. may be adequate. For larger projects in or near 325. Characterization of Animals Utilizing sensitive resources, as described above in Section Habitat 150, surveys in the spring, summer, and autumn might be necessary to adequately describe the Prior to conducting animal surveys, it must animal resources. In the most complex cases, first be determined, based on the results of the animal surveys can take place in three or four sea- habitat characterization and literature research sons of the year for up to three years. This is described above, whether the habitat(s) at the site generally only applicable for very large, complex, are likely to support fish, invertebrates, or wildlife. City-wide or Harbor-wide projects. If the results of the habitat characterization indicate that the site contains no value for these organisms, In addition to the type and amount of data then an animal characterization survey is not to be collected, the methods used to collect that data necessary. If, however, it is determined that the site must also be determined. This includes both the is valuable for fish, invertebrates, or wildlife, or if it sampling distribution as well as the techniques that cannot be determined whether the site would have will be used for sampling. A variety of sampling value for these organisms based on the vegetation, distributions are used in habitat and wildlife an animal characterization survey should be surveys. Some of the more common ones conducted. suggested for CEQR evaluations are listed and described below. This is not intended to be an all- If it is determined that an animal assessment inclusive list, but rather provides guidance as to the survey is necessary, the level of detail and types of most common sampling plans used for CEQR data to be obtained must first be determined. Many evaluations. The ecological literature should be different types of data can be collected for a variety consulted for additional guidance on these and of objectives, goals and priorities. General other sampling plans as may be appropriate for the characterizations about animals on a site can be action which is proposed. made from knowledge about the available habitat at a site or from literature documenting animal ƒ Habitat specific. In these searches, selected species in an area. Without animal surveys habitats are searched because certain species detailing the utilization of animal species at a site, and groups can only be found, or the probability conservative assumptions should be made about of a sighting is greatly increased, in certain animal inhabitance based on vegetative data and habitats. In addition to threatened and the available literature. Animal surveys should be endangered species, these searches are useful used to confirm the potential for a significant when surveying reptiles (snakes and turtles), impact if there is doubt concerning the available amphibians (frogs, toads, and salamanders), data or if is conflicting. and colonially nesting birds. Examples of specific habitats include wetlands, vernal pools, Depending on the level of detail determined, and certain beach areas. The number of animal surveys may only entail a few days of individuals found and the time spent in each observation, or they may require more lengthy search should be recorded. observation periods in one or more seasons of the year. For very small projects with little ground dis- ƒ Point stations. Point stations can be located 2001turbance, even in sensitive Technical areas, a one-time survey evenly Manual or randomly along a transect line or on for the affected resources may be sufficient. With a grid. At each point, the species observed mammals, reptiles, birds, and finfish, it is usually and numbers of each are recorded. The time necessary to make observations during spent at each station as well as the distance spawning/breeding seasons and times of migra- and direction of the observation in relation to tion. For example, a three-day late spring and early the station should also be recorded. summer survey for birds, mammals, and invertebrates might provide sufficient information ƒ Transects. The transect method involves travel to describeOut the resources accuratelyof andDate provide a -along DO a line or transectNOT (usually through USE a basis for determining the potential impact the large area) and recording the species wildlife project would have on them. If the organism(s) observed. Transects need not be straight; they being surveyed have short life cycles and/or are can follow paths, trails, roads, etc. Depending

CEQR MANUAL 3I-19 10/01 on the size of the project site or the diversity Invertebrates: of habitats, transects can be spaced either close together (e.g., every fifty feet) or widely Invertebrate surveys are generally spaced (e.g., every quarter mile). Transects performed for threatened and endangered species can also be set up with perpendicular (TES), species of special concern, or commercially transects spaced at intervals along the baseline important species (e.g., blue crab). Some species of transect. butterflies, moths, mayflies, dragonflies, beetles, and molluscs are listed by NYSDEC as either ƒ Plots. Plots are generally used for sessile threatened or endangered or as species of special animals or animal sign. A plot is generally a concern. In addition, aquatic invertebrates, rectangle or a square (quadrat), although especially emergent aquatic insect larvae and circles or other shapes can sometimes be used. crayfish, can serve as indicators of stream health. The area within the shape is surveyed for animals or animal sign. Plots can be randomly A variety of techniques are used to sample selected within a grid-like framework that and survey for invertebrates. Some of the more covers either the entire project site or a common methods that may be applicable for CEQR particular habitat type or types. Plots can be studies include the following: very small (e.g., one square meter) to very large (e.g., ¼ acre). An example of a plot used ƒ Observation. This is often the easiest and least for benthic organisms would be the use of a disruptive method to survey for Surber sampler to survey macroinvertebrates invertebrates; however, an experienced (see below). invertebrate zoologist is required to identify specimens observed in the field. If specific In addition to the sampling distributions TES and special concern species are targeted, described above, a number of sampling techniques experienced field biologists can review are available. Many animal sampling techniques descriptions and life histories, examine require special permits, licenses, and/or known museum specimens including similar authorization letters from any or all of the following species that could also occur in the area, and resource agencies: the New York State Department other available information to make of Environmental Conservation, the U.S. Fish and themselves capable of finding and identifying Wildlife Service, the National Park Service, and the target species. The American Museum of National Marine Fisheries Service. Each of these Natural History is a good source for museum agencies should always be contacted for the specimens. Observations can be categorized appropriate requirements prior to conducting an as direct or indirect, both of which are animal survey. In addition, certain site-specific described below: permits may also be required. For example, permits should be obtained from the New York 1. Direct observation. Direct observations may City Department of Parks and Recreation if work is include observing invertebrates with the to be conducted in a City park. In addition, the naked eye, through binoculars, or via another New York City Department of Environmental apparatus. It may be used for any type of Protection should also be contacted for any invertebrate species. For aquatic organisms, additional local requirements. a mask and snorkel may be appropriate. Direct observations may be made with or 2001 Descriptions of someTechnical animal sampling without Manual collection of the organism in techniques are provided below for invertebrates, question. fish, and wildlife (wildlife includes amphibians, reptiles, birds, and mammals). This is not intended 2. Indirect observation. Indirect observations to be an all-inclusive list, but rather it should serve may include evidence of invertebrates, such to provide examples of and distinguish between as cast exoskeletons (exuviae), spent shells, or some of the techniques that are more commonly egg and larval stages. Spent shells can be used in CEQR evaluations and those that would found at muskrat middens and along only be usedOut under special ofcircumstances. Date The watercourses- DO and they NOT serve as an especially USE ecological literature should also be consulted for good indicator for the presence of freshwater additional explanation of these and other methods. mussels.

CEQR MANUAL 3I-20 10/01 ƒ Insect netting. Insect netting, or sweep netting, should be done for a predetermined amount is a general method for collecting insects and of time, and nets should be checked consists of using a net specially tailored for frequently to prevent clogging. Sampling capturing flying insects. between dusk and 1:00 AM is optimal.

ƒ Trapping. Two types of traps used to capture ƒ Tow net. Tow nets are used for qualitative invertebrates are described below: sampling of benthic invertebrates, and they include devices ranging from simple sled- 1. Light traps. Light traps use an ultraviolet mounted nets to complex devices. These nets or black light to attract insects, especially are towed behind boats and can yield moths, where they are collected in a trap quantitative results when towed for a or attracted to a white sheet and standardized unit of time. selectively identified and removed. This is one of the better methods to survey ƒ Kick net/Dip net. These types of nets are very moths. versatile for collecting in shallow, flowing water. Generally, these devices are used for 2. Baited traps or stations. Invertebrates are qualitative sampling, although when used attracted to bait (e.g., honey) and become with a standardized kicking technique, they trapped or feed at a station. Traps can be can also be used for semi-quantitative left over time but bait stations must be sampling. visited at regular intervals to increase the chance of encountering feeding ƒ Clam rake. This device selectively retains individuals. larger items and organisms and is appropriate for use when performing qualitative sampling ƒ Grab sample. A grab sample is a single for mollusks. Generally, it is used along sediment sample taken from a particular shorelines of creeks and rivers to supplement location. Various types of equipment are information obtained from other sampling available for collecting grab samples. Some of techniques. the more common sediment grab sampling devices include the Ponar sampler, the Ekman ƒ Trawl. A trawl is a funnel type net towed dredge, and the Smith-McIntyre substrate behind a boat. Generally, the only sampler. Each of these provides a quantitative invertebrate targeted using this method is the sample. For a qualitative grab sample, a blue crab, in which case the net would be set simple trowel or shovel can be used in along the bottom of the water body. shallow water. ƒ Artificial substrate sampler. These types of ƒ Surber sampler. A Surber sampler is used for samplers are of a standard composition and quantitative sampling in shallow (30 cm or configuration and are placed in the water for a less), flowing water. It consists of a double- predetermined period of time, after which the framed structure, hinged along one edge, with degree of colonization by macroinvertebrates a net attached to one of the frames. One of the is determined. A variety of artificial substrate frames is positioned securely on the stream samplers are available, including the Hester- 2001bottom in riffle/run Technical areas, and the other Dendy Manual sampler and the basket sampler. frame with the net is placed perpendicular to the bottom. The operator disturbs the area Fish: encompassed by the frame placed on the bottom and removes any attached organisms. Fish survey techniques are specific to Detached and disturbed benthic organisms species and habitat types. Generally, more than one then flow with the current into the net technique should be used, since most methods attachedOut to the other frame.of Date target- onlyDO certain populations. NOT USE ƒ Drift net. This sampling device consists of a ƒ Observation. Direct observations of fish net that is anchored in flowing water to catch species can be made from shore or from a macroinvertebrates that have migrated or boat. Sunglasses with polarizing lenses or become dislodged into the current. Sampling

CEQR MANUAL 3I-21 10/01 binoculars are often useful tools when using ƒ Seines. A seine is a type of net that is used this technique. Although observations are along the shoreline to encircle fish and pull useful, they seldom account for all species them to shore. Seines work well in little to present. Thus, if used, they should be moderate current where there are few combined with some of the additional underwater obstructions and the shoreline is techniques described below. generally sloping. This method is used to collect fish that utilize nearshore habitat. ƒ Electroshocking. Electroshocking is probably the best method to use for general fish surveys ƒ Trap Nets. Trap nets are designed to lead when there is no specific target species. migrating fish into the trap of a net. Various Nevertheless, its effectiveness varies designs of trap nets exist, but they typically according to the species, habitat, and the size have one to three leads or wings of webbing of the fish. Although the operative salinity that are designed to intercept migrating fish. range of the shocking units varies, The leads and wings extend from the mouth electroshocking is not effective in moderate to of the net to an anchor and when fish high conductivity water bodies. Three types encounter these obstacles, they swim around of electroshocking units are available. them and into the mouth of the net. Use of trap nets is a passive method that works well 1. Backpack Electroshocker. For a backpack in waters with little current. This method electroshocker, the power unit is strapped causes little damage to the fish, except that backpack-style to the operator’s back, and predation can occur in the trap. It is also the anode and cathode probes are held by selective for migratory fish species that swim hand usually in front of the operator, parallel to shorelines or structures. Trap nets although the cathode probe may trail are most commonly used in nearshore or behind. Since this type of electroshocker shallow water. is operated while wading in the waterbody, it can only be used in smaller ƒ Gill Nets. Gill nets are nets with a specially streams, creeks, and brooks. designed mesh size that causes fish to become entangled in the net by their gills. The target 2. Stream Electroshocker. A stream fish that are too large to move through the net, electroshocker consists of a power unit, and attempt to escape by swimming usually powered by a generator, that is backwards causes the gills to catch in the net. generally rested on the stream bank or Gill nets are generally used in non-flowing floated in the water on a small boat. The waters, but they are sometimes also used in operator operates the probes while larger rivers. Since gill nets may cause severe wading in the waterbody, and usually damage to fish (loss of slime coat, loss of two additional people are required to net scales, stress, and possible suffocation), they the fish. This type of electroshocker is are not commonly used. generally reserved for creeks, brooks, and small rivers. ƒ Larval/Ichthyoplankton nets. Larval or ichthyoplankton nets are fine mesh nets that 3. Boat Electroshocker. A boat electroshocker capture early life stages of fish. They can be 2001is generally used inTechnical deeper water (rivers, towed behindManual boats along the bottom or in the large ponds, and lakes). For this type of water column. Some are attached to benthic electroshocker, the entire unit, including sleds. Their placement depends on the type of the power source, generator and probes, is eggs (demersal, adhesive, pelagic) and the housed on a boat. Generally, one person behavior of larvae (pelagic, demersal, etc.). guides the boat while two people net the Use of these nets should be timed according to fish and operate the probes. The probes the occurrence period of the species and life are usually operated by pressing a pedal. stage(s) targeted.

ƒ Out of Date - DO NOT USE Trawls. A trawl is a funnel type net towed ƒ Benthic sled. A benthic sled is a sled-like behind a boat. It can be set at different depths structure that is towed behind a boat and has in the water column and is generally used for a net attached to it. Most often, this sampling juvenile and adult fish. device is used in conjunction with a larval net

CEQR MANUAL 3I-22 10/01 to collect early life stages of fish that occur Observation. Observations of wildlife can along the bottom. either target certain species at certain times of day and during certain seasons, or they can be ƒ Creel Survey. A creel survey is selective for incidental while conducting other surveys. For game species and consists of surveying example, incidental observations of wildlife can be anglers about their catch. In some cases, the recorded while performing a wetlands delineation. captured fish can be weighed and identified. Incidental observations should only be used when In other cases, information is obtained only a general idea of the types of wildlife utilizing verbally from the angler. a site is necessary or to focus additional wildlife surveys. Both focused and incidental observations ƒ Hook & Line. This method employs the use of can be direct or indirect, as follows: a rod and reel and can be employed from a boat, shoreline, pier, or dock. Since this is a 1. Direct observation. Direct observations selective, often time-consuming method, it may include observing wildlife with the should generally only be used for qualitative naked eye, through binoculars, spotting studies of species presence/absence and to scopes, or via another apparatus. This supplement other techniques. technique can be used for any type of wildlife species. Direct observations can ƒ Dipnet. A dipnet is a small hand-held net that be made with or without collection of the can be used to collect small fish along organism. The probability of direct shorelines, banks, etc. Like the hook & line observation of small mammals, reptiles, method, it is selective for certain species and is and amphibians is increased by searching often time-consuming. It should therefore under debris, logs, and rocks. only be used in conjunction with other techniques. 2. Indirect observation. Indirect observations include evidence of wildlife, such as Wildlife: amphibian and bird calls, bird songs, tracks, droppings, burrows, runs, caches, The design of wildlife studies requires and remains, such as feathers, bones, knowledge of the species expected to be present, skeletons, and roadkill. especially when threatened and endangered species or species of special concern are likely to ƒ Live & Snap Traps. Because small mammals are occur. Thus, information on habitat types, as well secretive and nocturnal, trapping may be the as general information on the seasonal occurrence, best way to determine if they are present. activity patterns, and behavior of the wildlife Small mammals may be captured using live expected in the area, is essential in order to select traps (traps designed not to kill the animal) and stations and to time the surveys to maximize the snap traps (traps designed to kill the animal chances of encountering various species. In instantaneously). Live traps work well for a addition, reconnaissance surveys help to identify variety of small mammals, and if needed, what species may be present in the area and to various baits can be used to target certain select sampling locations. Areas of potentially species. Snap traps should be avoided, unless suitable habitat for TES or species of special required by a natural resource agency. If used, 2001concern should be searched Technical at times when TES are specimens Manual killed should be salvaged and most likely to be found. Other special habitats provided to museums with information on should also be selected and searched. These where and when they were collected. Trapping might include vernal pools, seeps, streams, rock results can provide information on both outcrops, snags, etc. For species-specific TES absolute (if live traps are combined with surveys, a wildlife biologist with experience marking) and relative abundance. finding the target TES should be used. Performing wildlife observations requires trained personnel ƒ Pitfall Traps. Pitfall traps are depressions in with the ability to identify rapidly wildlife species the ground that animals fall into and from by sight,Out sound, and sign. ofFigures, photos,Date or even -which DO they cannot NOT escape. They work USE best video help to illustrate the location and when used together with drift fences, which distribution of sampling stations for the various are short vertical fences radiating out from the types of surveys used. trap that act as runways that draw the

CEQR MANUAL 3I-23 10/01 animal(s) into the trap. These types of traps ƒ Owl Pellets. Owls are known to roost in work well for shrews, other small mammals, certain areas. If owls are foraging on the site and salamanders. The trap should be deep and their roosts are known, their pellets can enough to prevent escape, but not so deep that provide a source of local small mammals it causes injury to the animal. If salamanders skulls and bones that can be sorted and are targeted or are likely to be captured, identified. This technique requires knowledge enough water should be placed in the trap to of the foraging range of the species of owl in prevent desiccation, but not too much to cause question in order to determine whether the drowning of the animal(s). Pitfall traps prey could have been captured off-site. should be designed with raised covers to prevent drowning due to excessive water ƒ Call playback. Call playback is usually used to accumulation in the trap and to prevent survey for birds, but it can also be used for excessive sun exposure. The use of pitfall coyotes. This method entails playing traps should be carefully considered prior to recordings of calls or songs and listening for a use, as they must be checked at frequent response. The call or song can be of the intervals to prevent undue heat or cold species being surveyed or of another species exposure, stress, or starvation of the trapped that is expected to elicit a call from the species animal(s). This is a time intensive method. being surveyed. Calls are generally played for three minutes followed by a one-minute ƒ Cover Boards. Cover boards are placed on the listening period. Examples of uses of the call ground to attract small mammals, snakes, and playback technique include, but are not salamanders for long term studies. They are limited to, the following: left out for extended periods of time and are checked occasionally. The species found under 1. Diurnal raptor surveys. Recordings of the boards are identified and recorded. Cover selected hawks and owls can be played at boards can be made of a variety of materials, call stations to stimulate diurnal raptors to such as exterior plywood or corrugated roofing. respond. Call stations for hawks (Cooper's, red-shouldered, northern ƒ Hair Snares. Hair snares are devices made of goshawk, and sharp-shinned) are carpet attached to a small (about 4x4 inches) surveyed from sunrise to about mid- piece of wood that is nailed to a tree morning. Calls used at hawk stations approximately two feet above the ground. should include the great horned owl The device may be modified by attaching a because hawks often respond to this call. piece of velcro. The hair snare is then The barred owl call can also be played in “baited” with commercially available animal the early morning, as this species often scent that lure the target animal to the snare. responds during these hours. The scent induces rubbing on the snare, and hairs of the animal are left on the device for 2. Nocturnal raptor (owl) surveys. Recordings later identification. This method is of owl calls can be played to stimulate appropriate for identifying the presence of owls to respond. Call stations for owls are large carnivores, such as coyote and fox, and it surveyed from sunset to early morning requires a knowledgeable biologist with the using specific calls for the species being 2001ability to identify large Technicalcarnivore hairs. surveyed. Manual ƒ Hair Snare Tubes. Hair snare tubes are tubes 3. Marsh bird surveys. Marsh birds are with velcro inserts to snare the fur of small surveyed during the evening and at night. mammals passing through them (Hecht, During these surveys, playback 2001). Similar to hair snares, these tubes can recordings of American bittern, least be baited, usually with food, which induces bittern, black rail, sora rail, Virginia rail, the animal to enter the tube. Similar to a pied-billed grebe, sedge wren, and marsh regular hair snare, the use of hair snare tubes wren should be played, either from a requiresOut a knowledgeable of biologist Datewith the -canoe DO or on foot. NOT USE ability to identify small mammal hairs.

CEQR MANUAL 3I-24 10/01 ƒ Turtle Traps. Turtle traps are traps with time consuming, and its usefulness should be funnel-shaped entrances that minimize the considered carefully prior to implementing it. ability of the animal to exit the trap. It can have wings or leads to draw the animal into ƒ Marking. Marking encompasses any method the trap. Turtles traps set in water should be to attach a unique identification number or staked so that part of the trap is above water other code to individual fish, amphibians, to prevent drowning of the animal. Like other reptiles, and mammals. Marking for these live trapping devices, these traps must be organisms can take the form of tagging, shell monitored at frequent intervals to prevent notching, painting, toe clipping, branding, undue stress or starvation of the trapped body markings, and other methods. Marking animal. studies are generally used to determine local movements, estimate local population Advanced Techniques: size/density, and to avoid counting the same individual more than once. Advanced survey techniques for fish and wildlife studies are generally not required for CEQR evaluations. ƒ Bat surveys. Surveys for bats are difficult and However, under unique circumstances, they may be the time consuming and should not be necessary best way to determine the presence, movements, and for CEQR evaluations except under very habitat use of a particular species if such information is exceptional circumstances. To survey for bats, necessary. Examples of some advanced techniques bat detectors, mist netting, radiotelemetry, include radiotelemetry, banding, marking, bat surveys, and searching underground areas, tunnels, mist netting, and nest surveys/counts. mines, old barns, and attics, and other habitat are used. ƒ Radiotelemetry. Radiotelemetry involves attaching a radiotransmitter to an organism ƒ Mist netting. Mist nets are nets used to and using a receiver to detect radiofrequencies capture birds and bats. They are made of a emitted by the transmitter. This technique is fine threaded material that is difficult to see an efficient method to locate an individual, and are placed in areas through which birds track its movements, and determine its habitat and bats are known to travel. Birds and bats usage and home range. Radiotelemetry can are captured in the net and removed by field be used to determine if a TES or species of personnel for identification and/or banding. special concern identified outside the project Mist netting can cause significant stress to an area moves into the project area, thereby animal, especially if the animal is left in the subjecting it to project-related effects. This net for long durations. Thus, it is necessary to technique is also especially useful for monitor the net at frequent intervals, making determining corridors used by individuals to this method very time consuming. In move from or to a project area or specific addition, significant training and experience habitat (such as a nesting site, overwintering are required. Although this method is site, foraging area, etc.). However, this sometimes useful for breeding bird surveys technique is very expensive and thus is rarely and movement studies, this method would applicable for CEQR evaluations. not normally be used for CEQR evaluations and should be avoided unless specifically 2001ƒ Banding. Banding Technical can be used for birds or required. Manual bats and consists of attaching a circular band with a unique identification code to the leg (or ƒ Nest surveys/counts. Nest surveys or counts neck for long-necked birds) of the captured entail physically counting and/or monitoring organism. When the organism is recaptured, bird nests to obtain information on it can be identified to the individual. Banding productivity and territoriality. These types of procedures are generally used to determine surveys are often labor-intensive and time long distance movements and usually have consuming and require significant training in little practical use for CEQR evaluations. identifying nests. In addition, nests are However,Out in unique ofcircumstances, Date banding -usually DO very difficult NOT to identify correctly.USE may be used to determine local movements Therefore, this technique should only be used and population estimates. This technique is when necessary and only for those species whose nests are easily identified.

CEQR MANUAL 3I-25 10/01 326. Analysis of Data described for species and communities below. This is not intended to be an all-inclusive list, but rather Data collection is not an end unto itself, but should guide the reader to those data endpoints the data are used to assess the value, resilience, that would be most appropriate for CEQR uniqueness, and function of the resource. From the evaluations. The ecological literature should also literature search and multiple appropriately-timed be consulted for additional information on these field surveys, the natural functions of the resource and other data endpoints. can be established. Some resources will have multiple functions while others will have only one. Species: A wetland can serve as flood control, water cleansing, groundwater recharge, and specialized Presence/Absence. Presence/absence is a habitat for plants and animals. Beaches can serve as simple type of data analysis that entails identifying erosion protection, as bird breeding and foraging whether a species is present in a particular habitat territory, as well as for human recreation. An open type; numbers of individuals are not quantified. site in a densely developed area could serve as a This data type is useful in verifying whether a foraging area for certain birds. Natural resources’ particular species uses a habitat or a project site. different functions will be a prime consideration Such information can be useful by itself, or it may later in assessing how a proposed action would help focus a survey to site-specific areas, for affect the resource. example, where a threatened or endangered species (TES) or species of special concern might be located. Some resources are known to be valuable from While this method is useful when detailed the start. These are generally those designated ecological information is not necessary, or merely to resources listed in Section 150, above. However, the identify whether or not a TES or species of special designated resources tend to focus primarily on the concern is present on a site, the results from this larger coastal and other wetland areas. There are a type of data can change seasonally or from year to number of other, primarily terrestrial resources that year. Furthermore, presence/absence data depends do not have designation but are nonetheless very largely on the skill of the observers, timing, weather valuable. Some contain rare plant and animal conditions, survey methods, and other factors. species, as well. In addition, there are resources and Therefore, multiple presence/absence surveys species that are valuable or sensitive because they should be conducted using skilled observers and are rare in New York City, although they may be proper sampling techniques. common elsewhere (e.g., northern plants at their southern range and southern plants at their northern Abundance. Species abundance is the range). Therefore, each analysis of existing number of individuals in a population of a certain conditions must consider each resource encountered species. Data collection for species abundance is on its own merits, whether or not its value has widely used for ecological surveys. It is often already been recognized by others. expressed per unit time (time-restraint) or distance (linear transects). Absolute abundance, or the A number of factors enter into determining the actual number of individuals in a species, is rarely value of the resource. The results of the literature measured, nor is it recommended, since it is searches and other background research (see extremely time- and labor-intensive, and methods Sections 321 and 322) can provide much to estimate abundance have been developed. information on the value of the habitat. The results Estimates of abundance are calculated using indices of the2001 habitat characterizat ion,Technical if performed, further that are correlated Manual to population size. For example, define the ability of the habitat(s) to support a common index used with mark-recapture data is invertebrates, fish, or wildlife. Factors to consider the Lincoln-Petersen index. when assessing the value of a habitat are discussed in Section 324. Finally, if animal surveys are Density. Species density is the number of conducted, the value of a habitat can be further individuals in a species expressed per unit area. defined. This requires an analysis of the data The area can be naturally or artificially ascribed and collected from these surveys. Data from wildlife depends on the objectives of the study. Usually, surveys canOut be analyzed at bothof the speciesDate and density - would DO be calculated NOT for a project location USE or community levels. Some examples of data habitat type within a project location. Similar to endpoints that can be calculated and used to assess abundance, estimates of density should be the value of a habitat for CEQR evaluations are calculated by using indices that are correlated to

CEQR MANUAL 3I-26 10/01 population size rather than by attempting to together with their abundances, in a single number. measure absolute density. Only in rare cases, such Very seldom will species diversity information be as for TES or species of special concern, should required for a CEQR evaluation, since gathering absolute density be considered. data on abundances of all species in a community is extremely time and labor intensive. Spatial arrangement and movement. This type of data describes the location of individuals or While all of the above data endpoints can be species as well as their movements within a used to describe the value of a habitat, the use of community or habitat type or from one community species richness and species abundance to describe or habitat type to another. Rarely should this type a habitat type is often sufficient. A site with high of data be necessary for a CEQR evaluation, unless species richness is usually valuable because it very specific information is needed, usually for TES supports many different types of organisms. A site or species of special concern. with low richness and high abundance of one species usually indicates high disturbance and low Communities: value. These sites are often dominated by common reed (Phragmites australis) and purple loosestrife Community measurements are data (Lythrum salicaria) in wet areas, and sumac (Rhus collected on groups of species. Logical groupings sp.) and tree-of-heaven (Ailanthus altissima) in may include groupings by habitat use or guild, by upland areas. taxonomic classification, by habitat type, or any other logical grouping. The following data 327. Assess Environmental Support Systems endpoints can be calculated to describe communities: A natural resource does not exist alone but is part of a system from which it gains and gives Species richness. Species richness is the total support. Groundwater feeds surface waters, but number of species in a community, habitat type, or the streams and ponds also support the other logical grouping. To determine species groundwater flow. A system is defined as a larger richness, all the species present in the community, group of interacting and interdependent elements. habitat type, or other logical grouping are Examples of such elements are soils, topography, identified. Species richness is useful to compare the vegetation, and streams, which together make up a richness of different habitat types or project drainage basin. Other examples are grasses, shrubs, locations. Generally, the total number of species on trees, and surface water, which are exposed to sun a site will never be known without exhaustive and wind, thus forming an identifiable ecosystem. fieldwork. Species richness will be based mostly on A number of resources are particularly sensitive to existing habitat valuation and size and will be changes in their support systems. These include largely qualitative. wetlands, streams and their floodplains, dunes and dune growth, grasslands, interior forest areas, Relative abundance. Relative abundance is which are particularly rare in New York City, and the abundance of a species relative to the total sandy oak barrens. To understand fully the poten- abundance (number of individuals) of all species in tial impact of an action on such resources, the a community, habitat type, or other logical systems supporting it are assessed. grouping. Relative abundance provides an indication of the degree of dominance of a species An important step in the assessment is 2001in the community, habitatTechnical type, or other logical choosing Manual the size of the system to analyze. Only the grouping being studied. part of the system that is likely to be affected by the action is included. If too much of the system is Species diversity. When it is possible to analyzed, impacts of the action could be diluted by gather data on abundances of each species in a the larger system and appear insignificant. For a community, habitat type, or other logical grouping, stormwater drainage analysis, for example, only the a species diversity index can be calculated. The affected downstream and/or upstream portions of most commonly used diversity index is the the system (stream, wetlands, and slopes) until the Shannon-WienerOut index (Shannon of and DateWeaver 1949; watercourse- DO enters a largeNOT water body, such asUSE New Weiner 1948), which is sometimes erroneously York Harbor, would be included. For wetlands, called the Shannon-Weaver index. This index generally the adjoining wetland area and the provides an indication of the number of species, immediately contiguous uplands and water body

CEQR MANUAL 3I-27 10/01 would be analyzed. For upland habitat, the limit of as a whole functions, and the site's role in the system would usually be the area containing that functioning. Both the location of the similar vegetation. Some examples of systems site in the system and its size relative to the include the following: system are considered. The location of the site has an effect on its value in the func- ƒ Surface drainage. The most common assessment tioning of the system. For example, a site of environmental support systems is that of along a steep slope above a stream would potential impacts on runoff, flooding, have more effect on that stream in terms of wetlands, and water bodies from changes in drainage than a flat site at a distance from drainage. This analysis is typically performed the stream. The size of the site relative to as follows. the whole system is also important: a large site is normally more important to the over- 1. Define the whole drainage basin. For most all system than a small site. However, streams, the overall drainage basin has small sites can sometimes be crucial; this been mapped, but the mapping tends to be can be determined only by a system- generalized and not in sufficient detail for specific analysis. As an example, for environmental impact analyses. Further, stream erosion and flooding, a site's char- construction that has taken place since the acteristics (flat, steep, with wetlands and mapping may have changed the contours. hydric soils or rock outcrops) are The U.S. Geological Survey's topographic considered in the context of the system's maps are the base for mapping the characteristics. A flat, wide site in a steep drainage basin. Locate the site on the drainage system could be a valuable flood topographic map and determine the storage area, but stormwater would pass direction water flows onto and off of the quickly through a rocky steep site. The site. Runoff flows downhill perpendicular rocky steep site, however, could have to the contours. Streambeds, gullies, highly erodible soils that could cause ravines, and other watercourses can be downstream siltation. The current identified on the topographic maps where drainage from the site is plotted, and its contour lines appear to form a V. These V's contribution to the system calculated using point upstream. The drainage basin can be standard engineering techniques. The soil mapped by following the streams up the types and slopes are analyzed to determine contours to the high points (divides), and erodibility and the velocity of the flows into following the contours downstream to the the drainage system. Then, the receiving water body. downstream area is examined to determine 2. Define the analysis conditions. This de- its size. All sources and volumes of water pends on the issues of concern. For exam- added to the downstream area are plotted. ple, for an assessment of an action's effects The point at which the site's contribution on flooding, the analysis would consider becomes minimal is estimated, and at that how the action could affect flooding during point the system analysis is ended. The an "analysis" storm. Generally, the assess- Bureau of Water and Sewer Operations ment focuses on the 1-, 5-, and 10-year (BWSO) of DEP is responsible for the storms (storms that have a statistical fre- operation, maintenance, and protection of quency occurrence of once in 1, 5, or 10 the City’s wastewater collection (sewer) 2001years). It considers Technical whether more areas systems. Manual Actions that potentially affect the would be regularly flooded during these combined sewer system or separate storms if the action is implemented. The sanitary and stormwater sewer systems 100-year flood is also considered for an within the City must be analyzed according action to conform with regulations (see to BWSO’s guidelines for drainage plans. Section 710). For assessments of erosion, a short, intense rainstorm is analyzed: these ƒ Coastal erosion. The analysis for coastal erosion storms cause greater erosion than larger includes an assessment of winds, waves, fetch stormsOut of longer duration. of Date (distance- DO over open NOTwater), and shoreline USE 3. Determine spatial and functional relation- configuration, all of which can affect erosion. ships of the system and the site of the ac- Two aspects are examined in a coastal erosion tion. This analysis relates how the system analysis: 1) is the site subject to erosion to the

CEQR MANUAL 3I-28 10/01 degree that property and life could be future without the action. It is probable that many endangered in the foreseeable future; and 2) resources will change even in the absence of the will the project increase erosion at other proposed action. This will depend not only on locations. To answer the first question, a future development or public works projects design storm (usually the U.S. Army Corps of (without the action), but also on expected overall Engineers 100-year storm) is considered. Such growth and natural ecological processes. In some a "design" storm would feature particular wind cases, resources may be expected to improve over speeds and other meteorological characteris- time under the future no action condition due to tics. The wave heights and storm surge at the other environmentally beneficial projects that are site are calculated with the waves coming from taking place concurrently. For example, water the site's most exposed direction. Based on the quality in New York Harbor is expected gradually energy in the waves and the types of soils at to improve over time due to a variety of initiatives, the site, the amount of erosion is calculated such as combined sewer overflow (CSO) abatement and the danger of loss or damage to the projects. property assessed. The future no action condition should be For potential erosion that might be caused at evaluated for the build year. In addition, it should other locations by the action, the dominant generally be evaluated for the study area, as direction of sand movement along the beach is described in Section 310, above. However, determined. The size and location of the site anticipated changes to resources outside of the affected by the action are both important in this study area can affect the future no action condition assessment. For example, a site at the end of a within the study area. Therefore, it is important to coastal erosion zone would not affect sand consider all applicable projects and future movement at downstream sites, but a site at the anticipated changes both in and around the study beginning of the erosion zone would. area in order to evaluate accurately future conditions in the absence of the action. In some ƒ Soils. One of the most important and often cases, information to support this evaluation may overlooked ecological support systems is soils. be available from other technical areas, particularly Soils are an integral component of any habitat land use, traffic, air quality, noise, and hazardous type, as they play a significant role in materials. Most often, the analysis of the future no determining the composition, amount, and action condition will constitute a qualitative discus- nutritive value of vegetation at a site, and they sion. Where another environmental assessment has provide habitat for microbes and invertebrates been completed, it may be appropriate to utilize its that are important food sources for upper conclusions. However, in some instances it may be trophic level wildlife. Soil is a mixture of solids necessary to reassess conditions quantitatively, and pores. The solid fraction consists of a depending on the nature, scope, and scale of the mixture of minerals, from the weathering of project and on the anticipated development, other rocks, and organic matter from the deposition projects, or expected future changes in the resource. and decay of plants and animals. The pores can An example of a quantitative assessment is the use contain either air or an aqueous solution, called of water quality modeling. porewater, which contains minerals and other substances that are either dissolved or 340. ASSESS FUTURE ACTION CONDITION suspended. When describing this ecological (ASSESSMENT OF IMPACTS) 2001support system, Technicalthe U.S. Department of Manual Agriculture’s (USDA’s) Northeastern Testing Assessing impacts of an action begins with Procedures should be used. understanding the extent to which the action will disturb or alter a resource in the short- and long- ƒ Other examples of environmental support term. Impacts can be categorized into direct and systems that are sometimes assessed are indirect effects. Direct effects are relatively straight- groundwater and vegetative buffers. forward; indirect effects may require more analysis.

330. FUTUREOut NO ACTION of CONDITION Date - DO NOT USE

The impact assessment for natural resources compares the effects of the proposed action to the

CEQR MANUAL 3I-29 10/01 341. Effects of the Action ƒ Construction of a structure that may impede 341.1. Direct Effects animal migration and movements. ƒ Compaction of soil from construction vehicles Direct effects of an action include the and heavy equipment. category of activities that directly alter the condition ƒ Removal of soil during construction, either of a resource. Direct effects include, but are not directly or due to erosion. limited to: ƒ Construction of storm or sewer outfalls. ƒ Construction or removal of bulkheads, piers, ƒ Removal of vegetation. and other structures in the water. ƒ Changing one habitat type to create another. ƒ Introduction of contaminants or contaminated ƒ Filling, draining, dewatering, or dredging of a materials to a natural resource. water body or wetland. ƒ Development of roadways, parking lots, build- Usually, the description of direct effects ings, and other paved surfaces on previously includes a calculation of the area to be affected (in vegetated or unpaved surfaces. square feet or acres, for example), or volume of soils ƒ Construction of new marine structures, such as to be removed. It may also entail describing bulkheads, piers, piles, groins, jetties, etc., or methods and types of construction at a level floating structures that disturb existing habitat, appropriate to understand the extent of an effect. change water flow patterns, and/or change This means that the proposed activities or assumed sediment transport patterns, etc. development scenario are defined in some detail. ƒ Stream channel changes, such as bank stabi- Where specifics are not known, a conservative but lization, widening, narrowing, straightening, reasonable assumption is made. Furthermore, even culverts, etc. if compensatory mitigation is planned, the ƒ Installation of drainage systems, including calculation of affected area includes those areas sewers, culverts, retaining basins, recharge required for construction activities, even if the long- wells, etc. term plan is to restore these areas. ƒ Introduction of buildings or structures that cast prolonged shadows on a natural resource, or 341.2. Indirect Effects otherwise alter its microclimate (see also Indirect effects occur when the changes on a Chapter 3E, "Shadows"). site alter conditions in adjacent or nearby resources ƒ Introduction of new (particularly non-native) or on the site itself after construction has ended. plant or animal species that out-compete for Indirect effects include, but are not limited to: resources. ƒ Alteration of soil pH, destruction of structural ƒ A change, such as devegetation, dewatering, properties of soil, changes to the microclimate, soil compaction, site clearance, excavation, alteration of soil compaction, etc. introduction of impervious surfaces, or any ƒ Introduction of noise at the site, either other change in drainage patterns that alters the temporarily during construction or way in which surface or groundwater flows permanently during operation (see also from the project site to a nearby natural Chapter 3R, “Noise”). resource or vice versa. ƒ Landscaping with non-native vegetation. ƒ A change in the degree or period of tidal ƒ A change in air quality that may adversely inundation of a natural resource. affect native species, either temporarily or 2001 Technicalƒ A change, Manual such as exposure or movement of permanently (see also Chapter 3Q, “Air contaminated sediments or soils, that renders Quality”). organisms on-site or in nearby natural ƒ Increased lighting at the site, either temporary resources more likely to be exposed to during construction or permanent during contaminants. operation. ƒ A change that decreases the quality of surface ƒ Alteration of physical and chemical quality of or groundwater that currently supports a natu- waterbodies on the site, including increased ral resource. turbidity,Out temperature, nutrients,of biologicalDate ƒ A- change DO in on-site activities NOT that may increase USE oxygen demand, pesticides, etc. the number of people, or domestic animals, or ƒ Alteration in the water level or surface area of increased noise, thereby increasing disturbance an existing water body on the site. to on-site or nearby natural resources.

CEQR MANUAL 3I-30 10/01 ƒ A change in on-site conditions that increases or may shade an area, allowing for increased cover decreases the amount of light that reaches and a cool microclimate for small mammals and natural resources on or near the site. birds. The loss of the trees would remove a specific ƒ An activity or a change in conditions that either habitat. Based on this type of analysis, the as- introduces or facilitates colonization by new sessment of project effects identifies the loss (particularly non-native) plant or animal associated with the action and the importance of species that could overtake existing that loss for the critical functions of the habitat. (particularly native) species either on-site or in nearby resources. A critical facet of the assessment is determining ƒ An activity or change in conditions that will the extent of habitat impairment. As described transform stable interior vegetation into earlier, resources' resiliency, or ability to accom- potentially unstable edge vegetation (e.g., trees modate change, are key to the assessment of subject to increased wind stress, increased soil habitats. The action being analyzed and the evaporation, etc.). resiliency of the resource are compared to ƒ A change that increases scouring, erosion, or determine whether the resource would retain its transport of soil, silt, and sediments and alters functions or whether and how much those the quality of an on-site or nearby natural functions would be impaired by the action. resource. Impairment can range from destruction of the ƒ A change that increases sediment deposition habitat altogether to its partial degradation to on-site or in a nearby natural resource. minimal impairment. Destruction would include ƒ A change that could impact the movements or complete elimination of a habitat or removal of a migration of animals between or within species or a condition (such as regular inundation) habitats. essential to its existence. Partial degradation would ƒ A change that could encourage the spread of remove or alter a portion of a resource so that it exotic species such as wooly adelgids and/or would continue to have some value as habitat, but Asian longhorned beetles. its function would be more limited. An example of partial degradation might be to change the size and If the action under study may possibly shape of a woodland area, so the interior habitat, indirectly affect a resource, the assessment attempts for some species, is effectively diminished, but to describe and measure the extent of that effect. In other species, which are more acclimated to "fringe" some cases, this amounts to nothing more than habitat, can still flourish. Minimal impairment comparing the proposed landscaping to the would include minor or temporary disturbances. surrounding area to determine if it would be a The parameters to be examined are physical (e.g., similar habitat. In others, it may be necessary to temperature, volume of water, soil types), biolog- analyze subsurface geology in a small area to track ical (e.g., diversity, abundance, community struc- with some accuracy the flow of groundwater to a ture), and situational (e.g., size, distribution, and wetland and estimate the extent to which the action shape). may alter the volume, quality, or direction of that flow. 343. Context of the Resource Change In addition to evaluating direct and indirect 342. Effect on the Functioning of a Natural impacts as described above, the severity of the Resource impact should also be addressed in terms of the 2001 The evaluation of theTechnical natural resources in the context Manualof the resource change. This evaluation has study area identifies the functions of a resource three components. First, if a resource will be (under existing and no action conditions) and the impacted or lost due to project-related activities, elements that are critical to these functions. For these losses must be evaluated in terms of how example, groundwater flow may be essential to a much of that resource is left in the City. An action particular freshwater wetland; in that wetland, the that removes an acre of a habitat that is very soft soil and fern-lined stream banks may provide abundant throughout the City may be less essential habitat to an important amphibian. If an significant than an action that removes an acre of an action wouldOut decrease the ofgroundwater Date flow to the extremely- DO scarce habitat. NOT The loss of the trees USE cited wetland or somehow compact the soil surrounding as an example in Section 342, above, may not be sig- it, the water quality and habitat quality may be nificant if substantial areas of similar habitat are compromised. In another example, a stand of trees found within the general region of the study area.

CEQR MANUAL 3I-31 10/01 In considering the context of a resource change, it is recreation, fishing and boating, fish habitat, and fish always important to remember that many of New passage. Each classification has a specific set of York City's resources may be abundant throughout water quality standards, designed to protect the the region or state, but scarce in the City's dense waters for the designated uses. These standards are urban environment. expressed as minimum levels of dissolved oxygen that must be present, the acceptable range of pH, Second, each individual resource impact must maximum coliform levels, and maximum amounts be evaluated in the context of other resource of toxic wastes and deleterious substances. impacts from the project. Impacts to each Although these classifications do not necessarily individual resource or habitat may be seemingly reflect existing conditions, they express public insignificant, but the cumulative total of the impacts environmental policy for the City's water bodies may nevertheless be significant. Furthermore, the and, as such, serve as a basis for comparison in the impacts to one resource could potentially affect the analysis of impacts on surface water resources. impacts to other resources, and the overall impacts may be synergistic. Thus, a careful evaluation of the Fresh surface waters in New York State can be sum of all the impacts considered together must be classified as N, AA-Special (AA-S), A-Special (A-S), performed to accurately evaluate how natural AA, A, B, C, and D. Class N has the highest stand- resources will be affected from a project. ards for water quality; Class D, the lowest. All the fresh surface waters in New York City are Class Finally, project-related impacts must also be AA, B, or C. Class AA waters are best suited as a evaluated in the context of both spatial and source of water supply for drinking, as well as for temporal changes in natural resources that will primary contact recreation (such as swimming), occur in the absence of the project. In other words, secondary contact recreation (boating), and fishing, the anticipated changes in natural resources, both and are suitable for fish propagation and survival. on- and off-site, that were evaluated for the future The City's reservoirs (Jerome Park and Central Park no-action scenario must also be evaluated together Reservoirs) are classified AA. Class B waters are with the impacts of the project in question. For best suited for primary and secondary contact example, if it is determined that a resource will be recreation and fishing, and are suitable for fish adversely impacted, not only should it be put into propagation and survival. Examples include the the context of how much of that resource is left in ponds and lakes in Prospect and Central Parks; the study area, but also how much of that resource Wolfe's Pond, Clove Lake, and Willowbrook Lake will be left based on what is currently known about on Staten Island; and Meadow Lake, Willow Lake, future conditions. Again, the project-related and and Kissena Lake in Queens. Class C waters are non-project related impacts could potentially be best used for fishing, and can be used for primary synergistic such that the overall impacts are greater and secondary contact recreation; they are also than the sum of their parts. Again, a careful suitable for fish propagation and survival. evaluation of the sum of all the impacts, both Huegenot Pond on Staten Island, Mill Creek in project and non-project related, must be performed Queens, and portions of Tibbetts Brook in the Bronx to evaluate accurately the impacts on natural are Class C. resources from a project. Saline surface waters can be classified as SA, 350. ASSESSMENT ISSUES FOR SPECIFIC SB, SC, I, and SD; Class SA has the highest NATURAL RESOURCES standards for water quality, and Class SD, the 2001 Technicallowest. ClassManual SA waters are best suited for shell 351. Water Resources fishing, fishing, and primary and secondary contact recreation, and are suitable for fish propagation and 351.1. Surface Water Bodies survival. Much of the Atlantic Ocean around New The appropriate function and optimum York City is classified SA. Class SB waters are best condition of surface water bodies in the City are set used for fishing and primary and secondary contact by DEC and appear as water quality standards (see recreation, and are suitable for fish propagation and Section 710, below). DEC sets these goals survival. Jamaica Bay; much of Lower New York depending onOut conditions and ofactual function Date of a Bay, -Raritan DO Bay, and LongNOT Island Sound nearUSE water body as well as its water quality potential. Queens and the Bronx; and the Hudson River Surface waters are classified as suitable for some or alongside the Bronx are Class SB. Class SC waters all of the following functions: water supply, contact are best used for fishing, and are suitable for fish

CEQR MANUAL 3I-32 10/01 propagation and survival. The water quality is nutrients, such as phosphorus, ammonia, suitable for primary and secondary contact nitrite, and nitrates, which are discharged recreation. Class SC waters in New York City from wastewater treatment plants and, in include the tidal portions of Lemon Creek and excess, allow algal growth that results in a inland portions of Fresh Kills and its tributaries, on reduction of oxygen levels; suspended Staten Island. Class I waters are best suited for solids; secchi transparency; pH; and fishing and secondary contact recreation, and are chlorophyll ‘a’, an indicator of the presence suitable for fish propagation and survival. The East of algae. River, Harlem River, and Hudson River from the 2. Where sampling data are not available or Battery to the Bronx are Class I. Class SD waters are where information for smaller areas of a best used for fishing, and are suitable for fish larger water body is required, it may be survival. This classification may be given to waters necessary to take water quality samples. that cannot meet the requirements for primary and This can range from one-time sampling and secondary contact recreation or fish propagation. testing for the parameters discussed above, Erie Basin, Gowanus Canal, Kill Van Kull, and to a yearlong survey with samples taken at much of the Arthur Kill are all SD waters. multiple locations. Generally, runoff or drainage from a small residential develop- The Interstate Environmental Commission, a ment into a water body with good tidal tri-state regulatory agency, also sets standards for flushing would need only one sample. If water quality in the City's tidal waters. Its goal is to the runoff is into water with poor tidal prevent water pollution and make more areas flushing (such as Spring Creek), samples at available for swimming and shellfishing. several locations would be needed to characterize the area's water quality. A Examples of actions that indirectly affect water large development near a sensitive bodies are listed in 351.3, below. Examples of resource would require a full program. To actions that directly affect surface water bodies and determine the worst-case water quality issues for the assessment include: conditions, sampling should be conducted during the late summer, when water ƒ An action that adds to the discharges of quality, especially dissolved oxygen, is at pollutants to a surface water. Generally, this its lowest. The program should not be activity is limited to industrial discharges or conducted after a recent large storm, which sewage treatment plants, both of which are would affect the water quality, if the action subject to the State Pollutant Discharge does not alter runoff or potential combined Elimination System (SPDES) permitting sewer overflows (CSO’s) or sanitary system procedure (see Section 710, below). When overflows (SSO’s). Sampling after storms water quality is an issue, the analysis can should be performed when stormwater include one or more of the following: discharges, CSO’s, or SSO’s are potentially affected by the action. 1. Collecting available data on water quality. 3. In some cases, the new pollutants could be The New York City Department of expected to affect water quality over a Environmental Protection (DEP) and the wider area; for these actions, application of Interstate Environmental Commission a computer-simulated water quality model (IEC) maintain sampling programs in the may be appropriate to assess impacts. A 2001City's major waterways.Technical EPA and DEC Manualreport by the Water Environment Research also perform more limited sampling. Foundation (WERF), “Assessment of Parameters for which data may be Availability and Use of Water Quality available include dissolved oxygen (DO), Models,” provides descriptions of the types which indicates the level at which fish life of models as well as modeling software, can be maintained; biochemical oxygen including relevant model features (WERF, demand (BOD), which indicates presence 2001). This reference is useful in defining of organic pollution; fecal coliform, which the capabilities and limitations of available Outindicates the presence of of pathogensDate that - DOwater quality NOTmodels and in guiding USE the spread disease; heavy metals, such as iron, selection of a model to meet the objectives manganese, copper, zinc, and lead, which of the environmental assessment. are indications of industrial pollution;

CEQR MANUAL 3I-33 10/01 4. For water bodies that contain finfish and then calculated and used to characterize the other aquatic or amphibian species that are area. Statistical techniques are often used to considered significant, the assessment of determine if significant differences exist changes in water quality parameters is also between samples. applied to the understanding of the potential for a change in habitat (see In rare cases, it may be necessary to assess the discussion in Section 310, above). impact on finfish and other vertebrates from the bottom sediments if they are suspended in the ƒ An action, such as the introduction of a new water. A bioassay test, which determines the stormwater outfall or construction of a potential uptake of pollutants in the sediment bulkhead, pier, or other waterfront structure, by animals, is performed in this case. that would disturb a portion of the environment, particularly the bottom. A ƒ An action, such as maintenance dredging, that stormwater outfall could increase the location would disturb the bottom sediments on a and velocity of stormwater as it enters the regular basis, altering the composition of the water body, which could scour the bottom of bottom and the volume of suspended solids in sediments, thus changing the environment for the water column. Sediment sampling and the bottom (benthic) organisms that live there. bioassay tests are appropriate, so that the Placing a new bulkhead or pier could also effects of dredging on water quality and disturb the bottom, if only during construction, aquatic life, including the potential release with similar, albeit short-term effects. All of (resuspension) of contaminants into the water, these actions are subject to review and can be assessed. Disposal of dredged materials permitting by the State and Federal is also an issue, but this activity is regulated by government (see Section 710) and the the federal government. The U.S. Army Corps stormwater outfall is subject to a SPDES permit. of Engineers and the EPA review the test data and decide where the materials can be placed The work required to answer questions about without causing environmental impact, or impacts on bottom organisms includes whether restrictions are needed. gathering available data from the literature, Approximately ten percent of such dredged from sampling undertaken nearby, for materials require restrictions, such as capping example. It may be necessary to obtain with clean materials. Dredged materials from samples of bottom sediments and bottom certain locations require special investigations organisms. If so, the bottom sediments are and handling. These include dioxins in the analyzed for grain size, water content, organic sediments at the convergence of the Kill Van matter, and pollutants. According to the Kull and the Arthur Kill, and the very high regional Contamination Assessment and pollutant levels in industrialized basins with Reduction Project (CARP), the primary poor or closed circulation, such as the sediment contaminants of concern are PCBs, Gowanus Canal and Newtown Creek. Such dioxin, polycyclic aromatic hydrocarbons issues are disclosed in CEQR review; however, (PAHs), DDT (and its metabolites), chlordane, compliance with appropriate regulations cadmium, and mercury. The benthic survey would ensure appropriate disposal, based on would include several grab samples in the dredge spoil quality, without creating a area. A preservative would be applied to the significant adverse impact. 2001samples when they Technicalare taken, to kill the Manual organisms and prevent their decomposition. ƒ An action that would change a physical Such surveys are normally performed in the condition of the water, such as temperature, spring, when the highest concentration of currents, flow, channel shape, etc. Examples organisms is likely. Replicate samples (i.e., include installation of piers or platforms that more than two) are taken for statistical permanently shade portions of the water; cool- accuracy. In the laboratory, the benthic species ing water discharges, wave curtains for are counted and identified to the species level, marinas, culverts and channels often included where possible.Out For certain of invertebrates, Date how- in- roadway DO design, etc.NOT For certain actions, USE ever, it is often impossible to identify to the mathematical modeling may be required to species level, so higher taxonomic groupings determine if circulation may change, leading to are used. Species abundance and diversity are an effect on water quality. Several models for

CEQR MANUAL 3I-34 10/01 the entire New York Harbor and the adjoining process water or irrigation supply by private Long Island Sound and New York Bight are interests, but the aquifers are not considered to be used, and these are appropriate for large-scale sole source. Although some small water-bearing actions, such as a large industrial facility, that areas can be found beneath Manhattan and the could have Harborwide effects. For smaller Bronx, these are not used for drinking water actions, models are available as described in supply. Throughout New York City, the Upper the WERF report (WERF, 2001). The potential Pleistocene soils contain groundwater, which also impacts from marina wave breaks and new feeds surface water bodies. Groundwater quality is piers can be analyzed by hydrodynamic of concern for natural resources where it supplies models, several of which were evaluated in the water to sensitive habitats and water bodies. WERF report. Groundwater quality is particularly important to maintain freshwater wetlands, which are located in ƒ An action that would result in the draining or Staten Island and Queens. The analysis of filling of a water body or a portion of a water groundwater quality is similar to that of surface body. Examples include culverts or channel water quality. Samples are obtained, in this case by modifications that direct flow away from a establishing a sampling well, and chemical tests are pond; filling to create land (such as Battery undertaken (see also Chapter 3J, "Hazardous Park City) or to even out a shoreline in creating Materials"). a bulkhead, etc. These actions affect water circulation and could lead to increased flood- The quantity of groundwater can also be ing, both off- and on-site. The potential effects important, because it supplies water to wetlands on circulation can be analyzed using the and surface water bodies during dry periods. In a models discussed above. Flooding potential contrasting example, groundwater is such a small can be analyzed using either hand calculations component of the waters of the lower East River or computer models, depending on the com- that its flow would not be a concern in this case. plexity of the situation. The analysis of groundwater quantity and flow is geotechnical and involves establishing the 351.2. Groundwater characteristics of the aquifer (the material through which the groundwater moves), the direction and As described in Section 112, above, the impor- rate of flow, and the rate of recharge. Activities that tance of groundwater as a resource is: (1) to serve could affect groundwater quality or quantity and as a source of water supply for population and the assessment issues associated with these industry; (2) to serve as a source of water for activities include the following: surface water bodies and wetlands; (3) to serve critical geo-technical functions related to structural ƒ Installation of industrial or residential water supply load bearing capacities; and (4) in some cases, to wells. The issue in this case is the potential that serve as a barrier to salt water intrusion. Ground- pumping will alter the flow of groundwater in water is therefore a resource unto itself and an a specified area, possibly altering flows to important component in environmental systems another resource. If pumping takes place close supporting surface water bodies, wetlands, and enough to a source of contamination, the action some upland habitats. could draw pollutants (such as salt) into the aquifer. (More information on potential DEC sets water quality standards for ground- contamination is provided in Chapter 3J, water based on its potential use. Fresh 2001 Technical"Hazardous Manual Materials.") To assess such groundwater is generally classified as having the potential impacts, several wells would need to potential to provide potable water supply. be installed, and the water levels recorded. However, in New York City, only portions of the These readings are plotted and drawn as Lloyd, Jameco, and Magothy Aquifers are used as contours to create a piezometric surface, which drinking water supply. The Jameco and Magothy shows the direction and strength of Aquifers are designated as sole source aquifers in groundwater flow. If the site is close to a tidal Brooklyn and Queens and are thus afforded special water body, the water levels need to be protection. Most actions would not have an impact Out of Date -recorded DO for an entire NOT tidal cycle to establish USE the on these aquifers unless wells are installed or tidal influence on the groundwater flow. subsurface waste disposal is part of the action. On Staten Island, the underlying aquifers are used for

CEQR MANUAL 3I-35 10/01 ƒ Dewatering of a construction site. This is similar ƒ Construction of footings, caissons, basements, and to the installation of wells, in that the activity other subsurface impediments to groundwater flow. may alter flow of groundwater in a specified Deep foundations can occasionally create wet area. However, it is a temporary condition. spots and low-level flooding if they impede the flow of groundwater. The impediment to flow ƒ Permanent Dewatering. In some instances, as can become noticeable near tidal water bodies when all or part of a building or subway tunnel with fluctuating groundwater levels. is constructed below the water table, dewatering pumps are installed to prevent ƒ Introduction of an activity on-site with the potential flooding within the structure. This dewatering to contaminate groundwater. Such activities in- condition alters the groundwater table and clude industries involved in the transport, direction of flow on a permanent basis. processing, storage, or disposal of hazardous or toxic materials. In this case, the assessment first ƒ Removal of vegetation and/or placing an impervious addresses the question of whether groundwater surface on land used for the recharge of on the site is important for on-site or off-site groundwater. This would clearly diminish the water supply or resource replenishment. If so, replenishment and ultimately the total volume the assessment then considers the existing of groundwater available. Usually as a part of quality of the groundwater, its flow direction site planning, current runoff and runoff with and rate, and the pathways to contamination. the action in place are calculated. A number of The analysis undertaken for hazardous materi- methods can be used to make this estimate, als is described in Chapter 3J, "Hazardous including the "rational method;" TR-20 and Materials." TR-55, computerized models developed by the U.S. Department of Agriculture, Soil 351.3. Other Water Resource Systems Conservation Service; and EPA's Storm Water As defined in Section 113, above, stormwater Management Model (SWMM). These methods and the natural and built systems that convey it to a calculate the volume of runoff, given the receiving water or wetland resource are critical volume of rainfall and the area of impermeable elements in the condition and value of that surface. They typically use runoff coefficients resource. The quality of the stormwater and its based on types and areas of different ground velocity and volume as it moves across the land all surface on the project site. Using this formula affect the physical and chemical characteristics of and the average annual precipitation (44 inches water bodies and receiving waters. This in turn is in New York City), the current recharge and determined by the slope and coverage of the land, recharge with the action can be calculated. The the uses on it, the presence of built systems to significance of the change caused by the action convey stormwater flows, the types of storms the can be assessed by comparing the loss or area is subject to, and the ability of the low-lying increase in recharge volume to the volume from floodplains to retain stormwater and diffuse the the recharge area. force of its flows. Other natural phenomena that strongly affect the environment include the action ƒ Installation of groundwater recharge wells or other of tides and waves, which shape the land through recharge facilities. Where increased impervious erosion or accretion of sand and other materials surfaces are proposed, they are often accompa- carried in the waters. A proposed action can alter nied by a plan for recharging groundwater these systems or combine with them for unexpected 2001through wells. These Technical wells return the Manual results. Examples are as follows: precipitation to the groundwater. Generally, the runoff is collected directly from rooftops ƒ Actions that would alter the way in which and other impervious surfaces. Such recharge stormwater flows overland or is absorbed to wells will not function properly unless the recharge groundwater. These include activities distance from the bottom of frozen soil (3 feet in that displace heavier vegetation (such as New York City) to the top of the water table is woodlands) with lighter vegetation (such as more than 2 feet; therefore the depth to the lawns) or add impervious surfaces to the land; water tableOut is considered ofwhen assessing Date the - DO NOT USE alter the shape of the land (cut or fill it to build wells. a road, for example); or introduce a built storm drainage system. Any of these actions may

CEQR MANUAL 3I-36 10/01 increase the amount of rainfall that arrives at a Pristine or relatively undisturbed wetlands water body or wetland as surface flow; possess ecological equilibria that discourage large increase the velocity with which it flows; create populations of pest species such as mosquitoes. an earlier and substantially greater "peak" flow When wetlands are filled, the textural discontinuity to the receiving water; or change the speed and between endemic and fill soils often causes a direction of flow. The analysis of such actions perched water table. Wetlands that do not possess includes assessing the area draining to the healthy ecosystems in equilibrium develop and water body, as described in Section 330, above. promote mosquito infestation.

ƒ Changes to the floodplain, including the As discussed in Section 710, DEC and the U.S. following: placement of structures in the Army Corps of Engineers (COE) require permits for floodplain that reduce its capacity for flood certain actions that would take place in or affect retention or alter stormwater flow most wetlands and the areas adjacent to them. The characteristics; removal of vegetation that COE has jurisdiction over virtually all freshwater would otherwise reduce flow velocities and and tidal wetlands. DEC also takes jurisdiction promote recharge; and removal of stream bank over all tidal wetlands and all freshwater wetlands vegetation, which may destabilize the stream greater than 12.4 acres; smaller freshwater wetlands channel or increase water temperatures. The may also fall under DEC jurisdiction if they are analysis of the floodplain uses engineering deemed by the Commissioner to be of unusual local techniques similar to those presented for the importance. In addition to the wetland itself, DEC’s assessment of overland runoff. To estimate the jurisdiction extends beyond the borders of the potential for increased flooding because of an wetland into a buffer area known as the “adjacent action, the volume of the floodplain occupied area.” In New York City, the adjacent area is by any buildings facilitated by the action is usually the area within 150 feet of a tidal wetland or compared with the total volume of the 100 feet of a freshwater wetland. For tidal floodplain. Along the Hudson River, even wetlands, this area can be smaller if, in general, a 10 very large projects would have minimal effect, foot rise in elevation occurs less than 150 feet from because of the great volume of the total the wetland or if a functional and substantial floodplain area; along small streams, such as fabricated structure of at least 100 feet in length Lemon Creek on Staten Island, a small project serves to bound the wetland. In these cases, the in the floodplain could cause flooding adjacent area would be the area between the elsewhere. wetland boundary and the 10 foot contour or the fabricated structure. However, in many circum- 352. Wetlands stances it is also appropriate to examine impacts within areas larger than 100 and 150 feet from the The City, state, and federal government all wetland boundary. For example, beaches, dunes, recognize the critical importance of wetlands in the bluffs, upland nesting habitat for water birds, and environment. The scarcity of existing regional other critical watershed components are often wetlands in New York City and the sensitivity of adjacent to but further than 150 or higher than 10 this resource warrant special attention. New York feet from the tidal wetland boundary. In this and City’s existing wetlands are a small vestige of the many other cases, it may not be appropriate to vital resource extant 100 years ago; by some limit the CEQR impact assessment to the adjacent estimates, 90% of the wetlands that existed prior area definition that constitutes DEC's jurisdictional to 1900 have been destroyed. Wetlands in the City 2001 Technicalboundary. Manual Larger areas may need to be evaluated have sustained and continue to sustain cumulative since effects on wetland resources could be over- impacts resulting from ditching; draining; filling; looked. oil and fuel spills; non-point source pollution; eutrophication caused by CSO discharges; erodible shorelines resulting from navigation In addition, for freshwater wetlands, it is often channel dredging and boat wakes; utility line appropriate to consider wetlands that are smaller installation; blockage of tidal exchange; than the 12.4 acres. Many vernal pools, bogs, and introductionOut of nonindigenous of vegetation; Date and other- freshwaterDO wetlands NOT that are smaller thanUSE 12.4 sedimentation from point and nonpoint sources acres are critical to regional biodiversity. Vernal such as roadway and parking lot runoff. pools, for example, are often smaller than 0.5 acres and are hydrologically isolated from one another,

CEQR MANUAL 3I-37 10/01 although several may be interspersed across the Section 404 of the Clean Water Act. However, in same local landscape. Because these systems are New York City, soil disturbance, past land use devoid of fish, they serve as important breeding history, and soils on Staten Island derived from red grounds for amphibians. Amphibians migrate over parent rock can create ambiguity in the delineation land from one pool to another to breed. Although process that often results in under-representation of these pools are isolated and relatively small, they wetlands when using the 1987 COE manual. form an integrated wetland system at the landscape Therefore, caution should be exercised when using scale. In many cases, especially in fragmented the 1987 COE manual to delineate wetlands for a urban ecosystems such as New York City, wetland CEQR evaluation. In some cases, especially on value is derived from the spatial integration of Staten Island and in areas of the City in which soils small wetland units into a whole wetland system are known to have been disturbed, it may be that is greater than the sum of its parts. Thus, appropriate to place more emphasis on vegetation effects on all wetland systems, regardless of size, than would normally be the case for wetlands should be considered in a CEQR evaluation. elsewhere in the State. The EPA, the COE, the Soil Wetland values should be rated according to Conservation Service, and the Fish and Wildlife function, both at the individual and the study Service are currently considering revisions to the area/ecosystem level. In all cases, it is essential for more recently released Federal Manual for Identifying the analyst to define the area in which activities and Delineating Jurisdictional Wetlands, 1989. Once could adversely affect the resource. revised and accepted, this manual may be more appropriate for use in the City than the 1987 DEC and COE have established technical pro- manual. cedures for the definition and evaluation of wet- lands. Both procedures acknowledge that three When an action requires permits from both elements work together to create and maintain DEC and COE, consultation with the COE and DEC wetlands: wetland hydrology (the movement of is recommended prior to fieldwork when wetland water to and through the wetlands that creates delineations are necessary. If permits are required saturated conditions for at least one week during from both DEC and COE, it may be necessary to the growing season); hydric soils (generally dark, assess and identify two different wetland boundary mucky soils with chemical and organic conditions. In this case, the larger of the two areas characteristics that reflect the lack of oxygen may be identified for use in the CEQR assessment. [anaerobic conditions] resulting from inundation); Actions that might affect wetlands either directly or and hydrophytic vegetation (plants that can tolerate through changes to their adjacent areas are the or that require periodically saturated or inundated same as those discussed above under water conditions and/or anaerobic soil conditions). resources (Section 361); they fall into the following Tidally influenced wetlands are delineated using general categories: the vegetation and hydrologic criteria described in 6 NYCRR Part 661.2. For freshwater wetlands, the ƒ Any form of draining, dredging, excavation, or COE technical approach emphasizes determination removal of soil, mud, sand, shells, gravel, or of soil types in delineating wetlands; DEC stresses other aggregate, either directly or indirectly. identification of vegetation in delineating and ƒ Any form of dumping, filling, or depositing of characterizing wetlands (see 6 NYCRR Parts 660- any soil, stones, sand, gravel, mud, rubbish, or 665 for DEC guidance). Relying on vegetation fill of any kind, either directly or indirectly. identification to delineate wetlands is usually more ƒ Erecting any structures or roads, the driving of conservative2001 than relying Technicalon soils identification; pilings, Manual or the placing of any other wetland vegetation is often found growing in soils obstructions, whether or not changing the ebb that are adjacent to wetlands soils but are not and flow of the water. classified as such. Therefore, a reliance on vege- ƒ Any form of pollution. tation will most often result in the delineation of a ƒ Any other activity that may substantially alter larger area as wetlands. or impair the natural condition or function of a wetland. DEC uses its March 1995 delineation manual for freshwaterOut wetlands. The ofCOE and EPADate have The- methodsDO for assessingNOT and evaluating USE agreed to use the Corps of Engineers Wetlands wetlands generally follow the outline presented in Delineation Manual, 1987 (Technical Report Y-87-1) Sections 320 and 330, above. In addition, the DEC for purposes of administering the program under regulations group freshwater wetlands into four

CEQR MANUAL 3I-38 10/01 classifications based on their intrinsic value; DEC amenable to amelioration by wetlands; it is visible tidal wetlands regulations also offer insight into the from a major transportation route and serves a comparative value of such wetlands, as valuable aesthetic or open space function; or it is on summarized below. publicly owned land that is accessible to the public.

352.1. Freshwater Wetlands Classifications Class IV is reserved for wetlands that do not have the characteristics of class I, II, or III above, Part 664.5 of 6 NYCRR lists four wetlands including wet meadows or coniferous swamps. classifications. Class I wetlands are the most valuable and may contain any of seven specific 352.2. Tidal Wetlands Evaluation characteristics: it is a classic kettlehole bog (a rare Part 661.2 of 6 NYCRR provides a useful refer- ecological association not known to exist in New ence for understanding the relative value of tidal York City); it is resident habitat of an endangered or wetlands. The discussion notes that all tidal threatened animal species; it contains an wetlands are potentially extremely valuable: "one endangered or threatened plant species; it supports of the most vital and productive areas of the natural a diversity of species unusual in the State; it plays a world." Within this overall evaluation, however, key role in flood prevention in an inhabited area; it intertidal wetlands and coastal fresh marsh are is connected to a surface or groundwater drinking considered the most biologically productive and water supply; it contains four or more Class II worthy of the most stringent protections. characteristics. Coastal shoals, bars, flats, and littoral zones Class II wetlands are identified as containing at can vary widely in their value and contribution to least one of 17 listed wetland characteristics or productivity. The discussion acknowledges that attributes. The most germane of these for the City biological productivity in these wetlands may have are: it is an emergent marsh less than two-thirds been impaired by pollution; such areas contain few covered by purple loosestrife and/or common reed; benthic organisms and show little primary it contains two or more wetland structural groups productivity. However, where this has occurred, (herbaceous, woody, or water); it is adjacent to a the other important functions of these wetlands tidal wetland; it is associated with permanent open (flood, hurricane, and storm control) remain intact. water; it is adjacent to streams classified C or higher (see Section 361, above); it is a traditional migration High marshes or salt meadows are considered habitat of an endangered or threatened animal valuable particularly for absorption of silt and species or a resident habitat of a vulnerable animal organic materials and storm control. Their location or plant species; it supports a diversity unusual for near the upland makes them important for the City or borough; it has demonstrable cleansing ecosystems. They also provide archaeological significance; or it is within an substantial habitat and feeding area for birds, urbanized area, is one of the three largest in the reptiles, and insect populations. City or borough, or is within a publicly owned rec- reation area. Formerly connected tidal wetlands are variable in their contributions and functioning and are Because New York City is considered an evaluated on a case-by-case basis. They are urbanized area, all freshwater wetlands within it generally described by whichever of the wetlands are listed by DEC as either Class I or Class II. categories (intertidal wetlands, high marsh, etc.) 2001Consideration of Class Technical III criteria is of interest, Manual they most closely resemble. however, because the features listed may be of issue in the CEQR assessment. Class III wetlands have 15 353. Uplands potential characteristics or attributes, the most relevant of which include: it is a wetland with one Upland habitats in the City are extremely of five cover types not listed for Classes I and II diverse, and issues for their assessment vary (including open water); it is a resident or migration widely. All provide habitat for wildlife, and most habitat of an animal species vulnerable in the major function to offer scenic if not also recreational region ofOut the state in whichof it is foundDate or is a opportunities- DO for the NOTpublic. Some, includingUSE migration habitat of a vulnerable species in the beach, dunes, bluffs, and some thickets, are even state; it contains a regionally vulnerable plant more important in controlling erosion and species; it receives significant pollution of a type protecting the City's shoreline. The discussion be-

CEQR MANUAL 3I-39 10/01 low divides uplands into three major groups, as When an action is proposed in or near one of follows: these habitats, a detailed assessment is often appropriate. This may include identifying plant 353.1. Beaches, Dunes, Bluffs, and Thickets species and delineating the habitat; determining whether any species that are endangered, rare, or of As discussed in Section 130, dunes and bluffs special concern are present; characterizing the are critical to maintaining the City's beaches and "buffer" habitats and their role in protecting the natural shoreline. Thickets are included in this grasslands or barrens; and analyzing drainage grouping, because most often this low growth takes patterns serving the habitat(s). hold on dunes and bluffs, helping to stabilize them in the face of waves and winds. The beaches them- 353.3. Meadows or Old Fields, Woodlands, selves absorb wave and storm energy, thus helping and Gardens to preserve the shoreline. All of these features are protected under DEC's Coastal Erosion These habitats are usually considered to be Management program (see Section 710). Few types common and therefore are not often protected by of actions are now permitted in these areas, but specific regulation. However, in the City, these they may include the following: areas often support a range of wildlife and plant species and serve one or more important ƒ Construction of walkways, pathways, functions—particularly for recreation and open boardwalks, or stairs over dunes and bluffs to space. For these as well as all other habitats the beach or along the beach. discussed in this section, the CEQR analysis begins ƒ Construction of sheds, cabanas, and other by assuming that they are valuable. Using the small structures to accommodate equipment approach outlined in Sections 320 through 340, and activities at or near a beach. above, the resource is characterized according to its ƒ "Nonmajor" additions to existing structures. vegetation, potential for wildlife habitat, current use, and, as appropriate, the environmental systems Usually, the disruption caused by these that support it. It is then assessed giving activities is limited. However, it is appropriate to consideration to the context of similar habitat in the consider such possibilities as loss of vegetation, area, and how the area is used by wildlife. For including plant species that are endangered, example, a small park with low shrubs that is threatened, exploitably vulnerable, or rare; located in a densely developed urban area could reduction or loss of wildlife habitat; effect of provide important habitat for nesting birds, but the increased public use; and compaction of soils or same park located in a low-density area (such as R1 erosion from construction activities. In addition, or R2 zones) would not necessarily be used for where substantial development is proposed upland nesting. of a beach or dunes or atop a bluff, it is possible that issues of major erosion control protection may arise. As another example, in New York City mostly small patches of forest remain, although they are 353.2. Maritime Grasslands and Sandy Oak common Statewide. Only a handful of forests, Barrens mostly in parks, are large enough to support interior habitat. Thus, a relatively large wooded These two habitats are formed by harsh area, including its buffer—mowed lawn, weedy or conditions of dry soils and exposure to sea winds. shrubby edge, etc.—are important as wildlife Both are unusual in the City and may contain habitat and refuge. The survival of forest indigenous2001 plant (examples Technical include the following Manual communities rests on protecting large patches and species: Quercus velutina, Quercus marilandica, their buffers, and also on protecting smaller patches Quercus stellata, and Quercus alba) and animal that serve as wildlife corridors and seed sources. species that are uncommon, rare, or of special concern. Except as listed in Section 150, above, these 354. Built Resources habitats are afforded no special regulatory protections. However, their fragility makes them Where built resources support species that are susceptible to impact. They cannot tolerate much endangered, rare, or of concern, the resources are loss of vegetation;Out changes in adjacentof habitatsDate that considered - DOvaluable, and theirNOT loss may constitute USE a act as buffers between these systems and more de- potential significant adverse impact. Therefore, the veloped areas can lead to adverse impacts; and assessment of such resources is focused on changes in drainage can be problematic. determining the extent to which such species may

CEQR MANUAL 3I-40 10/01 rely on these resources and whether the loss of all chain support; physical protection (flood pro- or a part of the resource would result in a real loss tection, e.g.); water supply; pollution removal; of habitat, in the context of all such available recreational use; aesthetic or scenic enhance- habitat. ment; commercial productivity; or mi- croclimate support. 355. Significant, Sensitive, or Designated Resources ƒ An action would, either directly or indirectly, be likely to contribute to a cumulative loss of Where an action may affect one or more of the habitat or function which diminishes that resources listed in Section 150, above, a detailed as- resource’s ability to perform its primary sessment is usually appropriate. This assessment functions. can make use of information that is already available (many of these resources are the subject of ongoing study), but it may also require 500. Developing Mitigation considerable field work. Before determining the scope of the assessment, it is recommended that the If a significant impact on a natural resource is lead agency consult with DEP or with the agency identified, then mitigation measures should be with jurisdiction over the resource. identified. Mitigation measures fall under five general categories: avoidance, minimization, 400. Determining Impact Significance restoration, reduction, and compensation. The latter (compensation) should be used as a last resort to compensate for the unavoidable impacts The approach to determining impact remaining after the first four types of mitigation are significance takes into account that the City's natural investigated to the extent practicable. The five resources are relatively scarce. In general, if a types of mitigation are discussed in more detail resource has been found to serve one or more of a below: number of natural or recreational functions and an action would directly or indirectly diminish its size 510. AVOIDANCE or its capacity to function (as determined in Section 300), the impact is considered to be significant. The Avoidance techniques involve avoiding the following list is not all-inclusive, but serves as guid- impact by not taking an action or part of an action, ance in considering impact significance. An impact or by simply relocating the action or part of an may be significant if the following would be true: action. In many cases, avoidance techniques are employed very early in the design phase of a ƒ An action would likely render a water resource project when alternatives are being considered and, unfit for one or more uses for which it is in some cases, eliminated due to the probability of classified and/or cause or exacerbate a water impacts associated with certain alternatives. quality violation. Avoidance techniques are also employed during ƒ An action would, directly or indirectly, be likely the construction phase of the project. These to adversely affect a significant, sensitive, or generally involve temporal or spatial constraints on designated resource as listed in Section 150, construction. These include, but are by no means above. limited to, the following: ƒ An action would likely diminish habitat for a resident or migratory endangered, threatened, ƒ Delaying or halting construction during or rare animal species or species of special ecologically sensitive time periods, such as fish 2001concern. Technical Manual spawning or wildlife breeding periods. These ƒ An action would likely result in the loss of periods are often referred to as “environmental plant species that are endangered, threatened, windows.” rare, or vulnerable. ƒ Avoiding construction in ecologically ƒ An action would likely result in the loss of part important or sensitive areas by either or all of a resource that is important because it eliminating a portion of a project or relocating it is large, unusual, or the only one remaining in to a non-sensitive area. the area where the action is to take place. ƒ Avoiding the removal or disturbance of specific ƒ An action would, either directly or indirectly, Out of Date -trees DO or plants that NOTare known to be ecologically USE be likely to cause a noticeable decrease in a re- valuable. source's ability to serve one or more of the ƒ Avoiding the use of heavy equipment in areas following functions: wildlife habitat; food vulnerable to the effects of compaction. For

CEQR MANUAL 3I-41 10/01 example, construction-related activities should 540. REDUCTION not occur within a minimum of one and one- half times the dripline of any tree, and heavy Reduction techniques involve reducing or equipment and stored materials should not be eliminating the impact over time by preserving and placed or used within a minimum of three and maintaining the ecological integrity of the site and one-half times the dripline of any tree. its surrounding areas to the extent practicable. ƒ Restricting dredging to areas of low current Reduction techniques can be categorized into short- velocity. term or long-term methods. Such techniques ƒ Avoiding the removal, disturbance, or include, but are not limited to, the following: compaction of vegetation along stream banks and other shorelines. 541. Short-term Reduction Techniques ƒ Limiting cleared areas to those required for ƒ Use of silt fences, hay bales, mulches, construction and staging only; selecting the temporary seeding of non-invasive grasses and least vulnerable areas for clearing to the extent other covers to limit areas of soil exposure and possible. to stabilize slopes. Sediment and erosion control measures are often required by the City 520. MINIMIZATION and State but are a frequently overlooked construction component. In all cases, if over Minimization involves minimizing the impact five acres of upland construction disturbance by limiting the degree or magnitude of the action are proposed, a “Stormwater Notice of Intent, and its implementation. Like avoidance techniques, Transfer, or Termination” form must be filed minimization techniques are also often employed with the State and regional DEC office citing very early in the design phase of a project when the location of the site and compliance with alternatives are being screened and eliminated. any local or municipal erosion and Minimization techniques can also be employed sedimentation control techniques. Guidelines later in the process during the detailed design for sediment and erosion control can be found phase of the selected project. For example, fewer in the book entitled “New York Guidelines for units in a development project, a building that is Urban Erosion and Sediment Control.” shorter or takes up less surface area (depending on ƒ Installing temporary drainage systems, the resource of concern), shallower dredging, or a including sediment traps, for the duration of parking lot with fewer or smaller parking spaces construction. are all examples of limiting the degree or ƒ Limiting the use of chemicals and other magnitude of a project to minimize impacts on potential pollutants for dust control and other natural resources. Often, engineering solutions can construction activities. be employed to redesign a project so that the ƒ Strict control of the storage, handling, and desired benefits can still be obtained from a project transport of construction wastes. of smaller scale. ƒ Limiting dewatering to the extent possible; disposing of such waters to maintain the 530. RESTORATION existing drainage system and avoid surface water pollution. Restoration involves rectifying the impact by ƒ Incorporating noise or vibration controls in repairing, rehabilitating, or restoring the affected areas containing noise-sensitive species. environment. This type of mitigation generally ƒ Using environmentally friendly dredging applies2001 to rectifying short-term Technical construction related Manual techniques and equipment, such as silt screens, impacts, if possible. Examples of such restoration clamshell buckets or hydraulic dredging, no- techniques include, but are not limited to: barge-overflow or shunting, and split-hull revegetation of denuded surfaces using indigenous barges, where appropriate. plants; placement of appropriate soil that fully ƒ Monitoring and observance of water quality meets the requirements of the targeted restoration conditions and standards. communities; removal of temporary structures, ƒ Employment of fish deterrent systems, if equipment, and other materials related to applicable. construction;Out and repairing ofaccidental Datedamage - DO NOT USE ƒ Employing monitoring and maintenance incurred during construction. measures to ensure that control devices and

CEQR MANUAL 3I-42 10/01 other reduction techniques operate effectively monitor to ensure that the goals of the mitigation during the period of disturbance. plan are met and the impacts from the project are fully compensated for. Generally, monitoring is 542. Long-term Reduction Techniques necessary for wetlands or forested areas to determine whether the system that is created or ƒ Use of indigenous plant material requiring restored will eventually develop the full minimal use of supplemental watering, complement of ecological functions that are fertilizing, and herbiciding; use of pervious intended. materials (e.g., gravel instead of blacktop) to promote infiltration of stormwater. Compensatory mitigation can be either in- ƒ Retention of stormwater on site and its slow re- kind or out-of-kind. In-kind compensation refers charge to the ground or overland to surface to the creation, restoration, or acquisition of the waters. same habitat type as the disturbed habitat type. ƒ Slope and surface protection, such as physical Out-of-kind compensation refers to the creation, stabilization, or diversion of drainage around restoration, or acquisition of a habitat type that is steeply sloped areas, grassed swales, or water- different from the disturbed habitat type. In-kind ways. compensation is preferred over out-of-kind ƒ Streambank protection, such as physical compensation because it results in a more direct stabilization. replacement of the lost resource. As a result, it is ƒ Water pollution controls including sediment easier to determine that the value of the replaced traps or basins and drain inlet sediment filters. or restored resource is equivalent to the value of ƒ Use of pile foundations instead of regrading. the disturbed or impacted resource. Out-of-kind ƒ Provision of tunnels under roadways for compensation may be selected on an individual wildlife. case-by-case basis if in-kind compensation is not feasible. In addition, a combination of in-kind and 550. COMPENSATION out-of-kind techniques may be appropriate. In either case, the habitat value gained due to Compensation refers to replacing or creating, restoring, or acquiring habitat should substituting for the affected resource. This method have as its objective to replace equivalent value of mitigation is often referred to as “compensatory lost due to the project impacts. mitigation” and should only be used as a last resort to mitigate for the unavoidable impacts remaining In addition to the preference for in-kind after the first four types of mitigation have been mitigation, it is also often preferred that mitigation fully employed to the extent practicable. activities take place as close as possible to the projected impacts. The possibility of mitigating for There are three types of compensatory impacts on-site should first be explored. If this is mitigation: creation, restoration, and acquisition. not possible, then mitigation should take place as Creation refers to the creation of the same or similar close as possible to the site. For example, if aquatic type of habitat as that which is lost due to the impacts are projected to occur as a result of a project impacts. The creation of new habitats is project, potential mitigation sites should be recommended in areas of diminutive ecological explored within the same waterbody. If this is not value. Restoration refers to the improvement of a possible, mitigation sites should be selected within degraded but still partially functional habitat that is the same watershed. 2001of the same or similar typTechnicale as the habitat type that Manual will be impacted. Acquisition refers to acquiring a When considering habitat creation as a parcel of land of the same or similar habitat type compensatory mitigation technique, it is important and protecting it from development in the future. to consider the existing habitat type from which the Acquisition can also include a restoration new habitat type will be created. Like the component if the acquired property is degraded assessment of impacts of the project, an assessment and can be improved to increase its habitat value. of impacts of the compensatory mitigation activities Measurements to ensure the protection of the must also be performed to ensure that the habitat to resultingOut improved habitat of should be undertaken.Date be- created DO is not at the NOTexpense of another valuableUSE habitat type that has its own ecological value. The All three types of compensatory mitigation objective is for the net increase in habitat value to should be accompanied by a commitment to replace the value of the impacted resource due to

CEQR MANUAL 3I-43 10/01 the project. Therefore, it is usually necessary for quality natural area would have or it may never habitat creation to take place in existing degraded develop such functions. As mentioned habitats that are of little to no ecological value. previously, it is imperative that long-term Similarly, when considering habitat restoration, it is monitoring (for at least five years) be an integral important to consider the value of the existing component of any compensatory mitigation plan habitat in order to determine the net increase in to determine the success of a habitat creation or value that will occur from restoration and whether restoration effort. or not this increase will fully compensate for the project impacts. Acquisition, the third type of compensatory mitigation, largely eliminates the uncertainty Much debate exists related to the quantitative regarding the success of a compensatory mitigation evaluation of habitats. Thus, until quantitative effort, since the habitat, its necessary hydrological methods are developed and validated for urban and soil characteristics, and its ecological functions environments, the determination of habitat value often already exist (unless the site to be acquired is will be largely qualitative. One exception is the degraded, in which case restoration would also be a valuation of trees on land under the jurisdiction of component of the proposed mitigation plan). the New York City Department of Parks and However, since this technique neither increases the Recreation, for which a quantitative calculation for net acreage of the habitat in question nor does it replacement value of trees has been established. always increase the value of the habitat (unless For these impacts, tree compensation using the restoration is a component), mostly those sites that New York City Department of Parks and are in danger of development or degradation in the Recreation’s basal area formula may be required. future should be considered as potential acquisition This entails calculating the basal areas (at breast sites. height) of each tree that will be impacted due to the project, and replacing the total area of each species The New York/New Jersey Harbor Estuary on a one-to-one ratio. For impacts to other habitats Program (HEP) Habitat Work Group (HWG) has and trees on land not under the jurisdiction of the identified a series of priority wetlands acquisition Department of Parks and Recreation, New York and restoration sites within the Harbor. Other City Department of Environmental Protection or sources that also contain lists of potential mitigation other applicable expert agency may be consulted sites include the New York Open Space Plan and for guidance. regional or project-specific mitigation plan reports. While these are excellent sources of potential Another factor that must be considered in mitigation sites that have already been identified weighing the various mitigation techniques is the and prioritized, they are not exhaustive lists. likelihood for success. Both restoration and Furthermore, these sources may not identify sites creation can entail drastic changes in soil, that are of the same habitat type as, or in the hydrology, and vegetation. For example, some vicinity of, the impacted habitat. For example, the sites may require denuding and/or revegetating HEP HWG priority list focuses on wetland systems large areas or rechannelizing water courses. The and therefore would not be applicable for proper soil conditions are essential to the success compensatory mitigation for impacts on upland of a habitat creation or restoration project. When habitats. Therefore, it is necessary at least to evaluating soils, the U.S. Department of attempt to identify appropriate mitigation sites that Agriculture2001 (USDA) NortheasternTechnical testing would provide Manual in-kind mitigation in the vicinity of procedures, rather than the American Society for the impacts, if such potential sites are not already Testing and Materials (ASTM) testing procedure, identified in other sources. should be used to determine whether existing soil conditions are appropriate for creation or 560. RESTORATION EXAMPLES restoration, or whether modified soil conditions are likely to support the intended habitat and its The quality and appropriateness of a functions. Much debate has focused on the particular natural area landscape restoration success of wetland creation and restoration efforts. depends on many factors. The creation and Although theseOut activities mayof appear Date to be restoration - DOof wetland (freshNOT and tidal) andUSE successful on a gross structural level, the system upland ecosystems often fail because too little may take a long time to develop the full attention was given to some fundamental complement of ecological functions that a high elements. To help improve the effectiveness of

CEQR MANUAL 3I-44 10/01 developing a long-term functioning target expressed concern that plants in a wetland ecosystem, careful attention to the following is would be “too wet” to survive). crucial: 7. Construction fill derived soils should not be 1. The proposed site for a restoration project used to construct a habitat, as these soils are must be capable of supporting the targeted limited in the plant communities that they ecosystem (e.g., proposed creation of can support (they have a high pH, often drain freshwater wetlands should include sufficient poorly or too much, contain high nutrients, watershed area for proper hydrological and non-indigenous plants often colonize conditions). these soils).

2. Plant selection for a given restoration should 8. Monitoring and follow-up maintenance be suitable and capable of thriving under during the establishment period (3-5 years) proposed conditions (examples of improper are critical to the success of any restoration plant selection include: placement of high project (e.g., proper watering, regular shade requirement plants in full sun, removal of invasive weeds, replacement of placement of high moisture plants in dry plant material or seeding at next available locations, and placement of drier plants in season and not at the end of the maintenance too moist locations). period).

3. The soil substrate must be suitable for the The New York City Department of targeted ecosystem. The appropriate soil Environmental Protection and the New York City depth is crucial, and a restoration site should Department of Parks and Recreation undertook an have sufficient soil depth for type of unprecedented varied-landscape restoration project vegetation proposed (min. 3’ for trees) correct in Idlewild Park (Queens) which provides excellent pH, organic matter, nutrients, salinity, etc.). examples of successful restoration efforts. The Therefore, soil characteristics including pH, examples shown in the figures are specific to the organic matter, nutrients, and salinity should Idlewild project. Restoration efforts for other all be considered. projects will require unique attention to items including, but not limited to; specifying appropriate 4. Implementation of and adherence to ecosystems, construction methods, specifications, appropriate ecological landscape and designs. The examples given below are shown specifications and the use of effective erosion for illustrative purposes only. The project restored control measures are crucial in habitat degraded uplands and wetlands. Descriptions of restoration (e.g., seeding or planting only three of the projects follow below. within specified times, use of seed and plant material from local provenance, use of 561. Upland Restoration indigenous plant material, and replacement and maintenance of erosion control measures A degraded upland area was restored to an regularly). indigenous grassy community (Figure 1). The original substrate was primarily a construction fill 5. Appropriate soil nutrient levels that are derived material. This type of “soil” is extremely suitable and capable of supporting the limited in the types of plants that it is capable of 2001targeted ecosystem Technical should be established supporting. Manual Primary plant species typical of this (e.g., when planting a plant community with environment are Mugwort (Artemisia sp.) and low nutrient requirements, avoid using high Ragweed (Ambrosia sp.). To establish the desired fertility soils and applying fertilizers). upland coastal dune ecosystem, the construction derived fill material was removed and replaced 6. Selection of a landscape restoration with up to six feet of clean sand (the required and contractor that is experienced with all aspects appropriate substrate for this particular plant and requirements of targeted ecosystem (e.g., community). Sand was placed in an undulating a Outcontractor that ofspecializes Date in upland manner- DO to create NOTvaried micro-climates USE ecosystems may not be the appropriate throughout site. The focus of the landscape choice for a wetland restoration. In one restoration design was to establish appropriate instance, an inexperienced contractor plant communities with associative plants rather

CEQR MANUAL 3I-45 10/01 than dissimilar individual plants. The tree 2. Plant trees on the wetland boundary for slight canopy, tree understory, shrub understory, and shading. herbaceous layer were incorporated into the 3. Maintain varying sediment depths in order to design. Varied sizes of same species were planted diversify plant communities. to produce an uneven age plant community. In 4. Build isolated islands in the middle of the addition, the use of indigenous plant material wetland. produced from a provenance of within 150-mile 5. Include some open water in the wetland. radius of project significantly reduced overall 6. Add boulders or logs as perching habitat for mortality rate. The establishment of an waterfowl. indigenous warm-season grass and wildflower 7. Provide a properly maintained and functional meadow provided wildlife habitat, greater soil goose exclusion fence. This is necessary to erosion control, increased drought tolerance, and prevent geese predation until the plants have reduced supplemental watering and fertilizing in fully established themselves and have comparison to conventional cool-season lawn minimized exposed soil. grasses. 600. Developing Alternatives 562. Wetland Restoration Alternatives that can avoid or minimize Both tidal and freshwater wetlands were impacts to natural resources and avoid the need for restored in Idlewild Park (Figures 2 and 3), and mitigation should be given first consideration. Such the methodology for restoring these wetlands is alternatives can include different sites as well as similar. The correct hydrology is essential in changes to project layout, design, and density. establishing both tidal and freshwater wetlands. All too often, restoration efforts are wasted and 700. Regulations and Coordination the intended project fails because the final grade was off by less than 6”. This 6” is the difference 710. REGULATIONS AND STANDARDS between establishing the proper wetland hydrology and creating a moist upland. There are many specific federal, state, and City rules and regulations governing natural resources. A land survey of the proposed restoration site is These permits are independent of CEQR, and may required to determine the amount of excavation require their own environmental review. Typically, necessary, and in designing the optimal location for the permitting process is undertaken after the CEQR the water source (tidal channels for tidal marshes or process is completed. However, applicants are the inflow of fresh water input for surface water-fed encouraged to contact the regulatory agencies as wetlands). In tidal situations, the area should be early as possible to be certain the project is rough graded down to near the final grade and permittable and any mitigation aspects are allowed to settle for several tide cycles (Figure 2). identified. Since many CEQR actions may be This allows the determination of the high water affected by permit requirements and conditions, mark, allows the substrate to expand after applicants and lead agencies will need to be aware inundation and allows the substrate to “bounce up” of them. Those most commonly applicable for after the removal of additional weight. Fine tuning actions undertaken in New York City are described to the final grades can be adjusted after a week of below. uninterrupted2001 tidal cycles. AnTechnical additional foot below Manual final grade is removed and replaced with one-foot of 711. Federal Regulations clean sand prior to planting wetland plugs on one- foot centers. ƒ Section 404 of the Federal Clean Water Act: Dredge and Fill. Section 404 of the Federal Clean Water The following techniques will help to establish Act (33 USC 1344, jointly administered by EPA a functioning, biologically diverse wetland: and the U.S. Army Corps of Engineers, or COE) prohibits the discharge of dredged or fill ma- 1. Establish gently rising slopes from the center terial into the waters of the U.S. (including wet- of the wetlandOut and stabilize of these slopesDate with lands)- DOwithout a permit NOT from the COE. TheseUSE grasses and shrubs (this pertains only to the activities are regulated through Nationwide, wetland itself; the area outside of the wetland Regional General, or Individual Permits. boundary can have steeper slopes).

CEQR MANUAL 3I-46 10/01 A.Figure 1 Idlewild Upland Restoration

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2. Restoration in Progress

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CEQR MANUAL 3I-47 10/01 B.Figure 2 Idlewild Tidal Restoration

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CEQR MANUAL 3I-48 10/01 C.Figure 3 Idlewild Freshwater Wetland Restoration

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CEQR MANUAL 3I-49 10/01 Figure 4-1 The USACE Nationwide Permit and NYSDEC Application Process

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CEQR MANUAL 3I-52 10/01 Figure 4-4 The USACE Nationwide Permit and NYSDEC Application Process

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CEQR MANUAL 3I-54 10/01 4:Figure 5-2 The USACE Individual Permit and NYSDEC Application Process

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CEQR MANUAL 3I-56 10/01 1. Nationwide Permits. Nationwide Permits Certification from DEC is a typical (NWPs) are general permits designed to component of an Individual Permit. regulate certain activities that the COE has al- ready found to have minimal environmental ƒ Section 10 of the Rivers and Harbors Act of 1899 impacts (Figure 4). Approvals under the (33 USC 403). Section 10 requires a permit for Nationwide Program are typically granted via construction of structures on or affecting a letter of concurrence within 45 days. The 43 navigable waters of the U.S. For the permit to Nationwide Permits, found at 33 CFR Part 330, be issued, the action must not obstruct or alter are intended to apply throughout the entire navigable waters, present a significant adverse country. However, the New York District of effect on the aquatic environment, or result in COE has developed some regionally specific violations of water quality criteria. As for conditions and the DEC has cited specific Section 404 of the Clean Water Act, these conditions, which, if not met, require that a 401 activities can be authorized by Nationwide, Water Quality Certification be obtained for the Regional General, or Individual Permits, de- project. DEC has denied several of the scribed above. Nationwide Permits (NWP #’s 15, 16, 17, 21, 29, and 34), and a Water Quality Certification ƒ Section 401 of the Clean Water Act (33 USC 1341). is required whenever an Applicant proposes to Section 401 requires a Water Quality Certificate invoke one of these six NWPs. The Applicant to be issued for all discharge activities within must verify that it can meet the terms and the waters of the U.S. (including wetlands). In conditions of the NWP, and file notifications to New York State, this certificate is issued by the COE as necessary. Examples of activities DEC. This certification requires evidence that covered under Nationwide Permits include the project will not cause a violation of water maintenance of currently serviceable quality standards. This certification is required structures or fill (provided that there is no for Individual Permits issued by the COE (see change in use of these structures); temporary above); it has already been issued for some of recreational structures; and removal of the Nationwide and Regional General Permits wrecked, abandoned, or disabled vessels. As (see Figure 3). stated previously, the NWP terms and conditions have been modified by DEC and ƒ Section 402 of the Clean Water Act: National the Department of State (NYSDOS) to deny or Pollutant Discharge Elimination System (NPDES) modify conditions related to specific activities Program (33 USC 1342). Under the NPDES pro- to fulfill these agencies' responsibilities under gram, any point source discharge and storm- 401 Water Quality Certification (DEC) and water discharges associated with industrial Coastal Zone Management (NYSDOS). activities and municipal separate storm sewer systems require a permit. The State of New 2. Regional General Permits. In addition to the York is authorized to administer the NPDES 43 Nationwide permits, the COE has also program under its own State program (see the issued many general permits on a regional, discussion of SPDES, below). rather than nationwide, basis to authorize minor activities without the need for ƒ Flood Insurance Acts. The National Flood Insur- individual processing. ance Act of 1968 (42 USC 4001) and the Flood Disaster Protection Act of 1973 (Public Law 20013. Individual Permits. Technical Actions that involve 93-234). Manual These acts designate coastal high activities in the water but that are not covered hazard areas and floodways and make federal by Nationwide or Regional General Permits flood insurance available to buildings and require Individual Permits (see Figure 5). structures within those areas that are Applications for individual permits require constructed so as to minimize danger to human extensive documentation, including lives, in accordance with federal guidelines. environmental review under NEPA regulations and discussion of alternatives ƒ Essential Fish Habitat (EFH). Portions of the consideredOut to avoid ofor minimize Date significant -New DO York Harbor NOTwaterways are listed USE by the adverse impacts to wetlands or waters. National Marine Fisheries Service (NMFS) as Mitigation for significant adverse impacts is essential for one or more life stages of also required. A 401 Water Quality commercially and/or recreationally important

CEQR MANUAL 3I-57 10/01 fishes. This designation can limit, typically via required for most activities within the the permitting process, the types and timing of wetlands and adjacent areas. in-water work. Early coordination with NMFS as part of the CEQR process can identify ƒ Tidal Wetlands Protection Program—ECL Article potential constraints on work schedules 25; 6 NYCRR Parts 660 and 661. To implement (environmental windows) or the need for the State policy to preserve and protect tidal additional habitat protection techniques, such wetlands, DEC created the Tidal Wetlands as silt curtains or environmentally friendly Protection Program, which regulates all tidal dredging techniques. wetlands identified on maps prepared by the DEC and adjacent areas. For New York City, ƒ Endangered Species Act. As part of the 1974 adjacent areas generally include the area with- Endangered Species Act (50 CFR 17), several in 150 feet of the most landward boundary of categories of federal protection were the tidal wetland, with certain exceptions. established by the Department of the Interior, Roadways (built prior to August 20, 1977), Fish and Wildlife Service. Species can be railroad lines, bulkheads, and a ten foot rise in considered endangered (in danger of extinction elevation are examples of physical conditions throughout all or a significant portion of its that can limit the extent of the buffer or range) or threatened (likely to be become adjacent area (6 NYCRR Part 661.4). Permits endangered within the foreseeable future). are required for most activities within tidal Plants and animals listed in the Federal wetlands and adjacent areas. Register as endangered or threatened are protected by federal law: it is illegal to pick, ƒ Classification of Waters—Article 6 of the New damage, or destroy any protected plants on York State Public Health Law; 6 NYCRR Part property not owned by the individual, or to 800. Under this program, the State Water hunt, import, export, or possess protected Pollution Control Board adopts and assigns animals. The Fish and Wildlife Service also classifications and standards on the basis of the lists candidates for designation as endangered existing or expected best usage of the State's or threatened species. Although listed waters. candidates are not subject to legal protection, their status may be relevant to a CEQR ƒ Use and Protection of Waters Program—Article assessment. 15, ECL Title 5; 6 NYCRR Part 608. The Pro- tection of Waters Program regulates the 712. State Regulations following types of activities: ƒ Freshwater Wetlands Protection Program—Article 1. Disturbance of the bed or banks of a pro- 24 of the New York State Environmental tected stream or other watercourse (those Conservation Law (ECL); implementing classified as AA, A, B, or C; lower classifi- regulations 6 NYCRR, Parts 662-665. To cations are not regulated under the Protec- implement the State policy to preserve, protect, tion of Waters Program). and conserve freshwater wetlands, and to 2. Construction and maintenance of dams or regulate the use and development of such artificial obstructions in or across a natural wetlands, DEC created the Freshwater stream or watercourse. Wetlands Protection Program, which protects 3. Excavation and/or filling in navigable freshwater wetlands of 12.4 acres or larger. 2001 Technicalwaters, Manual including adjacent marshes and Smaller wetlands can also be protected if the wetlands. This includes conducting any Commissioner of DEC has determined that activity that may result in any discharge or they have unusual local importance. All of the runoff into navigable waters. Any work in protected wetlands are identified on maps the water, even if undertaken under a Na- prepared by the DEC. tionwide Permit (see the federal regulations, above), requires a Protection of The Freshwater Wetlands Act provides for the Waters permit. regulationOut of activities in offreshwater Datewetlands - DO NOT USE and adjacent areas. Adjacent areas are the ƒ State Pollutant Discharge Elimination System areas outside the wetlands that extend 100 feet (SPDES) Program—Water Pollution Control from the wetland boundary. Permits are Act (ECL Article 17); 6 NYCRR Parts 750-757.

CEQR MANUAL 3I-58 10/01 The SPDES Program is designed to regulate continued welfare in New York. These the discharge of pollutants into New York species do not receive legal protection, waters and to maintain the highest quality of however. water possible, consistent with public health and enjoyment of the resource, protection and ƒ In addition to animal species protected by the propagation of fish and wildlife, and industrial state's endangered and threatened species development in the state. SPDES permits are program (above), other species are also fully or required for construction or use of an outlet or partially protected by law. Fully protected discharge pipe (referred to as "point sources") species may not be hunted, pursued, or of wastewater discharging into the surface harassed in any way at any time, except by waters or groundwaters of the State; or con- special permit. Partially protected species are struction or operation of disposal systems, hunted in season, with bag limits and using such as sewage treatment plants, or subsurface specified procedures. systems with a usage of 1,000 gallons per day or more. ƒ Coastal Management Program (CMP). The CMP established 44 policies that are applicable to ƒ Endangered and Threatened Species Program— development and use proposals in the state's ECL Articles 9 and 11; 6 NYCRR Parts 182 and coastal area and allowed local municipalities to 193. Similar to the federal protections, DEC enact their own local waterfront revitalization maintains a list of plant and animal species programs to implement these and other that are protected. Plants listed in 6 NYCRR applicable policies. New York City's Part 193 and animals listed in 6 NYCRR Part Waterfront Revitalization Program was 182 or 6 NYCRR Parts 182 and 193 are established under the CMP (see discussion protected by State law: it is illegal to pick, below). damage, or destroy any protected plants on property not owned by the individual, to apply ƒ Coastal Erosion Hazard Areas Act—ECL Article any defoliant or herbicide, or to carry these 34; 6 NYCRR Part 505. Under this Act, DEC plants away without the owner's consent; it is established a Coastal Erosion Hazards Area, also illegal to hunt, import, export, or possess identified on maps. Activities in this area are protected animals. regulated to minimize or prevent damage or destruction to structures, buildings, property, Plants are divided into the following natural protective features, and other natural categories: resources, and to protect human life. Permits are required for most activities in a designated 1. Endangered—in danger of extinction Coastal Erosion Hazard Area. within the state and requiring remedial action to prevent such extinction. ƒ Flood Hazard Areas—ECL Article 36; 6 NYCRR 2. Threatened—likely to become endangered Part 500. A permit is required for any develop- in the state in the foreseeable future. ment within the federally designated flood 3. Exploitably vulnerable—likely to become hazard areas. threatened in a significant part of their range in the state if causal factors continue ƒ New York Natural Heritage Program. The unchecked. Natural Heritage Program is administered by 2001 4. Rare—those withTechnical from 20 to 35 extant sites the Manual DEC and is intended to identify all natural or 3,000 to 5,000 individuals statewide. and artificial ecological communities and rare species that represent the full array of Animals are divided into similar categories: ecological and biotic diversity in New York State. The program focuses on the status and 1. Endangered—in danger of extinction distribution of rare plant and animal species within the state and requiring remedial and valuable natural communities because action to prevent such extinction. they are most at risk of elimination in the State 2. Out Threatened—likely of to become Date endangered -and DO globally. All NOTof the habitats and USEspecies in the state in the foreseeable future. listed in the program are given a ranking indi- 3. Special Concern—Species for which a cating their rarity both globally and in the documented concern exists for their state. Although the Natural Heritage Program

CEQR MANUAL 3I-59 10/01 rankings do not provide legal protection, they Special South Richmond Development District can be used for assessment of an action's (Staten Island). impacts on rare species and recommended environmental studies for the CEQR and ƒ 197-a Plans and Other Planning Initiatives. Other permitting process. plans and public policy can also include regulations to protect natural resources. ƒ Significant Coastal Fish and Wildlife Habitats— Waterfront Revitalization and Coastal 714. Public Policies Resources Act (Executive Law of New York, ƒ No Net Increase in Nitrogen. New York, New Article 42). Under this program, DEC recom- Jersey, and Connecticut have agreed to keep mends for designation by the Department of the level of nitrogen discharged into the waters State areas it considers significant coastal fish that affect Long Island Sound at or below 1990 and wildlife habitats. These are habitats that levels, to avoid the negative effects that can are essential to the survival of a large portion result from excess nitrogen. This is important of a particular fish and wildlife population; in areas of the Bronx and Queens that border that support populations of protected species; the Sound or the Upper East River, which that support fish and wildlife populations that directly affects the Sound. have significant commercial, recreational, or educational value; and/or that are types not 720. APPLICABLE COORDINATION commonly found in the state or region. When an action is subject to any of the regu- ƒ Critical Environmental Areas—6 NYCRR Part lations listed above, coordination with the appro- 617. 14 (g). A state or local agency may priate regulatory agency will be required. designate a specific geographic area as having exceptional or unique characteristics that make 730. LOCATION OF INFORMATION the area environmentally important. The impairment of the environmental 731. Regulatory Agencies characteristics of a critical environmental area is one of the criteria for determining the ƒ U.S. Army Corps of Engineers significance of an action Part 617.7 (c) (1) (iii). Department of the Army ATTN: Chief, Regulatory Branch 713. New York City Regulations New York District, Corps of Engineers 26 Federal Plaza, Jacob K. Javits Building ƒ Waterfront Revitalization Program (WRP). The New York, NY 10278-0090 City's WRP also established a Coastal Zone, Phone: 212-264-6730 or 0182 within which all discretionary waterfront actions must be reviewed for consistency with ƒ U.S. Environmental Protection Agency— coastal zone policies. This program is Region 2 administered by the New York City 26 Federal Plaza, Room 837 Department of City Planning. This is New York, NY 10278-0090 discussed in detail in Chapter 3K of this Phone: 212-637-3000 Manual. ƒ U.S. Fish and Wildlife Service ƒ Local Law 33 of 1988. This law requires that all 2001 Technical 300 Westgate Manual Center Drive habitable space be built at an elevation at or Hadley, MA 01035 above the 100-year flood level. Phone: 413-253-8200 National Wetlands Inventory ƒ New York City Zoning Resolution. The Zoning Endangered Species Program Resolution includes several districts with special zoning designed to preserve unique ƒ National Park Service natural features. These include the Special Gateway National Recreation Area Natural Area Districts (Staten Island, Queens Out of Date Headquarters,- DO Building NOT 69, Floyd Bennett FieldUSE and the Bronx), the Special Hillsides Brooklyn, NY 11234 Preservation District (Staten Island), and the Phone: 718-354-4520

CEQR MANUAL 3I-60 10/01 ƒ National Marine Fisheries Service in New York 732. Other Sources 50 Maple Avenue ƒ New York City Department of City Planning Patchogue, NY 11772 Bookstore Phone: 631-289-8361 22 Reade Street For endangered, threatened, special concern New York, NY 10007-1216 marine species. Phone: 212-720-3667 or 3668 Citywide planning and zoning information ƒ New York State Department of Environmental and maps Conservation 700 Troy-Schenectady Road ƒ U.S. Department of Agriculture Latham, NY 12110-2400 Soil Conservation Service Phone: 518-783-3932 P.O. Box 2890 Division of Fish and Wildlife, Information Washington, D.C. 20013 Services Phone: 202-720-7327 New York Natural Heritage Program Information on soil types Significant Habitat Unit ƒ Hudson River Foundation for Environmental ƒ New York State Department of Environmental Research Conservation 40 West 20th Street Regional Office, Region 2 New York, NY 10011 Hunters Point Plaza Phone: 212-924-8290 47-40 21st Street Long Island City, NY 11101-5407 ƒ Society for Ecological Restoration Phone: 718-482-4900 1955 West Grant Road #150 Tucson, Arizona 85745 ƒ New York State Department of Environmental  Conservation ƒ Lady Bird Johnson Wildflower Center Regional Office, Region 1 4801 La Crosse Avenue SUNY Campus, Building 40 Austin, Texas 78739-1702 Stony Brook, NY 11794-2356 (512) 292-4200 Phone: 631-444-0280 ƒ Queens College Library ƒ Federal Emergency Management Agency 65-30 Kissena Boulevard 26 Federal Plaza Flushing, NY 11367 New York, NY 10278-0090 Phone: 718-997-3700 Phone: 212-225-7229 Floodplain maps ƒ Rutgers University Department of Ecology, Evolution and Natural ƒ New York City Department of Environmental Resources Protection 14 College Farm Road 59-17 Junction Boulevard Rutgers, The State University of New Jersey Elmhurst, Queens, NY 11373 (732) 932-9631 2001 Phone: 718-337-4357 Technical Manual ƒ Hagstrom Map Co., Inc. ƒ New York City Department of Parks and 46-35 54th Road Recreation Maspeth, NY 11378 The Arsenal, Central Park Phone: 718-784-0055 New York, NY 10021 U.S.G.S. topographical maps, nautical charts Phone: 212-360-8111 Out of Date - DO NOT USE

CEQR MANUAL 3I-61 10/01 800. References

Gysel, L.W. and L.J. Lyon. 1980. Habitat analysis and evaluation. Pages 305-327 in Schemnitz, S.D., ed. Willdife Management Techniques Manual. The Wildlife Soc. Washington, D.C.

Hecht, J. 2001. Personal Communication. June 13, 2001.

Seber, G.A.F. 1973. Estimation of Animal Abundance and Related Parameters. Griffin, London. 506 pp.

Shannon, C.E. and W. Weaver. 1949. The Mathematical Theory of Communication. The University of Illinois Press, Urbana, IL.

Smith, M.H., R.H. Gardner, J.B. Gentry, D.W. Kaufman, and M.J. O’Farrell. 1975. Density estimation of small animal populations. Pages 25-53 in Golley, F.B., K. Petrusewicz, and L. Ruszkowski, eds. Small Mammals: Their Production and Populaiton Dynamics. Int. Biol. Prog. 5, Cambridge Univ. Press, London.

U. S. Fish and Wildlife. 1997. Significant Habitats and Habitat Complexes of the New York Bight Watershed. Coastal Ecosystems Program. Charlestown, RI.

Water Environment Research Federation (WERF). 2001. Assessment of Availability and Use of Water Quality Models. Project No.: WERF0010. February, 2001.

Weiner, N. (1948). Cybernetics, or Control and Communication in the Animal and the Machine. The M.I.T. Press, Cambridge, MA. 2001 Technical Manual

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