Bridgeview Resort and Marina 139-acre Lease Expansion Project Marshall County, Oklahoma

Prepared for:

Bridgeview Resort and Marina 13947 Reel Lane Madill, Oklahoma 73446

Prepared by: Eagle Environmental Consulting, Inc.

P.O. Box 335 P.O. Box 5446 Vinita, Oklahoma 74301 Fort Smith, Arkansas 72913 918-272-7656 918-697-3936

June 2017 Update April 2018

Steven R. Votaw President ENVIRONMENTAL ASSESSMENT

TABLE OF CONTENTS

1.0 PROJECT PURPOSE, NEED AND SCOPE ...... 1 2.0 ALTERNATIVES ...... 4 2.1 Action Alternative A ...... 7 2.2 Action Alternative B ...... 8 2.3 Alternative Comparison ...... 9 2.4 Action Alternative C: No-Action ...... 10 3.0 THE AFFECTED ENVIRONMENT ...... 10 3.1 Land Use ...... 10 3.2 Social and Economic Resources ...... 11 3.2.1 Environmental Justice ...... 12 3.2.2 Protection of Children ...... 12 3.3 Natural Resources ...... 12 3.3.1 Soils...... 12 3.3.1.1 Farmland Soils ...... 13 3.3.2 Wild and Scenic Rivers ...... 13 3.3.3 Vegetation ...... 13 3.3.4 Water Resources ...... 14 3.3.5 Floodplains...... 14 3.3.6 Wetlands ...... 15 3.3.7 Fish and Wildlife ...... 15 3.3.8 Threatened and Endangered Species ...... 15 3.3.9 Cultural Resources...... 19 3.3.9.1 Tribal Coordination.…………………………………………………………....20 3.3.10 Air Quality ...... 20 3.3.11 Hazardous Materials ...... 21 3.3.12 Geology...... 21 3.3.13 Climate Change ...... 21 4.0 ENVIRONMENTAL CONSEQUENCES ...... 24 4.1 Land Use ...... 24 4.2 Social and Economic Resources ...... 25

Bridgeview Resort and Marina Expansion Eagle Environmental Consulting, Inc. Marshall County, Oklahoma April 2018 ENVIRONMENTAL ASSESSMENT

4.2.1 Environmental Justice ...... 25 4.2.2 Protection of Children ...... 25 4.3 Natural Resources ...... 25 4.3.1 Soils...... 25 4.3.1.1 Farmland Soils ...... 25 4.3.2 Floodplains...... 26 4.3.3 Wetlands ...... 26 4.3.4 Water Resources ...... 26 4.3.5 Vegetation ...... 27 4.3.6 Fish and Wildlife ...... 27 4.3.7 Threatened and Endangered Species ...... 27 4.4 Cultural Resources...... 29 4.4.1 Tribal Coordination ...... 29 4.5 Air Quality ...... 28 4.6 Hazardous Materials ...... 30 4.7 Geology...... 30 4.8 Cumulative Impacts ...... 31 5.0 COMPENSORTY MITIGATION PLAN ...... 33 6.0 AGENCY COORDINATION AND TRIBAL COORDINATION ...... 36 7.0 REFERENCES ...... 43 8.0 LIST OF PREPARERS ...... 45 9.0 APPLICABLE ENVIRONMENTAL LAWS AND REGULATIONS ...... 46

LIST OF FIGURES Figure 1: General Location Map ...... 2 Figure 2: Representative Photographs...... 3 Figure 3a: Proposed Action Alternative A ...... 5 Figure 3b Proposed Action Alternative B ...... 6 Figure 4a: Floodplains Action Alternative A ...... 16 Figure 4b Floodplains Action Alternative B ...... 17 Figure 5a: Oil and Gas Wells, Action Alternative A ...... 22 Figure 5b: Oil and Gas Wells, Action Alternative B ...... 23

Bridgeview Resort and Marina Expansion Eagle Environmental Consulting, Inc. Marshall County, Oklahoma April 2018 ENVIRONMENTAL ASSESSMENT

LIST OF TABLES Table 1: Alternative A and Alternative B Comparison ...... 9 Table 2: Year 2011-2015 Demographic Estimates of Marshall County ...... 11 Table 3: Threatened and Endangered Species ...... 18 Table 4: National Ambient Air Quality Standards ...... 20 Table 5: Species Conclusion Table ...... 28 Table 6: Impact Summary ...... 32 Table 7: Summary of Comments ...... 44 Table 8: Applicable Environmental Laws and Regulations ...... 46

LIST OF APENDICES Appendix A Representative Photographs Appendix B Agency and Tribal Coordination Appendix B Site Photographs Appendix C Wetlands and Waterway Delineation Appendix D Biological Assessment Appendix E Hazardous Materials Assessment

Bridgeview Resort and Marina Expansion Eagle Environmental Consulting, Inc. Marshall County, Oklahoma April 2018 ENVIRONMENTAL ASSESSMENT

SECTION 1.0 PROJECT PURPOSE, NEED AND SCOPE

Eagle Environmental Consulting, Inc. (EEC) prepared this Environmental Assessment (EA) on behalf of the Bridgeview Resort and Marina to address the potential environmental impacts relative to development/construction of the proposed Bridgeview Resort and Marina Expansion Project (BRAMEP). The proposed project would involve development of multiple features within the requested 139 -acre lease expansion area adjacent to their existing lease area on Lake Texoma. The EA has been prepared in the preferred format for the U.S. Army Corps of Engineers (USACE) review. The proposed project area is situated on USACE property and includes both terrestrial and aquatic areas on Lake Texoma, near Aylesworth, Marshall County, Oklahoma. The general project area is identified on Figure 1 and located on the United States Geological Survey Little City 7.5-minute topographic map. Representative photos of the proposed action area are shown on Figure 2 and provided in Appendix A.

The purpose of the proposed action is to develop and prepare the infrastructure necessary to support the proposed resort improvements and services. The proposed lease expansion is needed to upgrade, improve, and expand the existing facility to provide additional recreational opportunities and improve the current level of service to resort patrons and lake users. The proposed improvements would be accomplished using a phased development plan associated with the Five-Year Management Plan recently submitted to the Lake Texoma Office. The proposed project would include the installation of new roadways, utilities, 10 cabin locations, 25 RV campsites with utility connections, a double–lane boat ramp with courtesy dock and parking areas, a covered breakwater dock, and 20 dockominiums. A new sewage lagoon would be constructed within the new lease expansion area to accommodate the expected service capacity of the new structures. Based on the ODEQ service and capacity assessment, the lagoon dimensions would be 180 feet wide by 180 feet long. No mobile homes will be constructed on the new lease expansion area. No other structures would be connected to the new proposed lagoon system.

This EA has been prepared to ensure the completion of the proposed action complies with the National Environmental Policy Act (NEPA) 1969 (Public Law 91-190) and all other applicable laws and to address potential impacts of any federal action on the natural and human environment. The intent of NEPA is to ensure that applicable environmental information is available to the public officials and citizens regarding actions undertaken by Federal agenciesGuidance for complying with NEPA is contained in the Council on Environmental Quality’s (CEQ) NEPA regulations (40 CFR, Parts 1500- 1508), and the USACE Procedures for Implementing NEPA (ER 200-2-2).

This EA identifies and discusses the direct, indirect, and cumulative environmental effects that would result from the proposed action. The document is organized into the following ten sections:

Section 1 – Project Purpose Need and Scope: This section includes a brief description of the proposed action, scope of analysis, purpose of and need for the project, and the location of USACE administered lands affected by the proposed action.

Section 2 – Alternatives: This section provides a more detailed description of the proposed action and alternatives considered.

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Section 3 – Affected Environment: This section provides a baseline description of the natural and human environment within USACE lands affected by the proposed action.

Section 4 – Environmental Impacts: This section describes the environmental effects of implementing the proposed action.

Section 5 – Compensatory Mitigation Plan: This section provides the replanting of native species.

Section 6 – Resource Agency Consultation: This section provided a list of the federal and state agencies that were provided information about the project and the request for comments and responses.

Section 7 – References: List of sources cited and references used toward completion of this assessment.

Section 8 – List of Preparers: Those involved with the preparation of the environmental assessment.

Section 9 – Applicable Laws: List of laws and regulations that govern protection.

Appendices: The appendices provide more detailed information to support the analyses presented in the environmental assessment.

SECTION 2.0 ALTERNATIVES

This section describes the reasonable alternatives considered for the proposed action that includes the No-Action Alternative, Action Alternative A, Action Alternative B (Figures 3a and 3b) and the discussion that clearly defines the differences between the alternatives. On February 6, 2017, comment solicitation letters were mailed to appropriate state and federal regulatory/resource agencies to identify environmental and socioeconomic issues that should be considered as part of this study. It was emphasized that identification of environmental concerns was an essential component of this assessment. The solicitation letters are provided in Appendix B. Agencies contacted and their respective project-related comments are provided in Section 6 of this EA.

Through its 5-year plan submitted to the USACE, the Bridgeview Resort and Marina proposes to expand its existing facility for its patrons and offer additional recreational opportunities. This would include expanding their facilities to include a 139 -area lease property to the east. The EA discusses the potential impacts that would result from the construction of two build alternatives. The following paragraphs describe proposed Action Alternative A (AAA) and Action Alternative B (AAB). Both alternatives were compared to each other and a determination as to whether Alternative A or Alternative B best meets the purpose and need for the project is provided.

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2.1 Action Alternative A

Action Alternative A would include the construction of the following features:  Courtesy boat dock, boat ramp, and parking  Combination breakwater and boat dock  Cabins  Dockominiums  Roads  Utility easement corridor  New wastewater treatment facility (lagoon system)

Dockominiums A dockominium is a boat with limited living quarters built on a floating dock slip. Essentially, it is a small apartment or condominium placed adjacent to a lake. They are common adjacent to lakes in various areas of the country. Grandpappy Point Resort and Marina represents examples of dockominiums along Lake Texoma. Action Alternative A would include the construction of 20 dockominiums (each with a loft) along the west shoreline of the east cove within the 139-acre lease area. The dockominium’s would be patterned after the style of Athens Mobile Homes. Each dockominium would have access to electric and water. A 20 foot by 12 foot wide walkway would provide access to the boat from the shoreline. The living quarters of the house would be the closest to the shore and be about 36 feet in length with a 12-foot long patio. At the end of the patio would be room for a boat slip that would be about 30 feet in length with a total length of approximately 78 feet. The dockominiums would have encapsulated foam, floating foundations covered with vinyl siding surrounded by a steel frame. Steel pipe would be used to anchor the dockominiums to the shore. The dockominium would rise and fall as the with water surface fluctuations but would not move laterally. Wastewater would be transported to a new single lift station onshore and then be transported through 6 or 12-inch diameter piping to the new lagoon system to be constructed on the new lease expansion property. The location of the dockominiums are shown on Figure 3a.

Courtesy Dock, Parking Area and Boat Ramp A new boat ramp, parking area, and courtesy dock would be constructed on the west shoreline of the western cove within the proposed action area as shown on Figure 3a. This new dock would be at the east end of an existing road that provides lake access on the east side the project proponents existing lease. The dock would be 6-feet wide and 40-feet long with a 6-foot wide by 12-foot long walkway. The boat ramp would be 50 feet long and 24 feet wide and constructed of concrete. The parking area and boat ramp would disturb approximately 0.5 acres.

Combination Breakwater and Boat Dock The west cove within the 139-acre expansion area would include a covered breakwater and boat dock structure. A breakwater is a structure which attenuates the force of the waves. The overall length of the breakwater/boat dock would be 338 feet. Fourteen boat slips would be provided with the dimensions of 50 feet by 12 feet per slip. The proposed breakwater/boat dock will be anchored to the shoreline using a system of high-strength steel pipe and cables of sufficient size to withstand the expected stresses exerted on the structure from the expected wave action and attenuation. The support pipe and cable systems would be tethered to large diameter pipe set in concrete (formed below ground) above the shoreline fluctuation zone. The tethering system would be designed in a manner to accommodate the vertical fluctuations associated with water surface elevation changes of the lake. The walkway would

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Cabins Ten new cabin locations would be placed on the new 139-acre lease property with connections to electric and water. Approximately 6.32 acres of the expanded lease property have been planned for placement of cabin locations. Each unit would consist of a concrete base pad 18 feet wide by 70 feet long and disturb 0.3 acres. Sewage would be disposed of through 6 to 12-inch diameter pipelines that would transport wastewater within the proposed utility line easement placed alongside the proposed new road to the new lagoon located on the new lease expansion area.

Roadways New roads would be constructed within the proposed lease expansion area to provide access to the new RV campground, tiny cabins and dockominiums. A new entrance would be constructed at the intersection of Bridgeview Road and E2060 Road. The new road would progress southward and then veer to the east to provide access to the new RV campground, cabins, and dockominiums. Action Alternative A would involve the construction of approximately 6,654 feet (3.1 acres) of new roadways. The new roadways would be approximately 20 feet wide, consist of gravel. In the future, the roads would be overlain with asphalt.

New Wastewater Treatment Facility (lagoon system) A new lagoon would be construction to handle the additional sewage needs for the proposed action. The lagoon would have sloped sides and be approximately 180 feet by 180 feet and be 10 feet at the center of the lagoon. A 9,000-gallon septic tank would be located at the lagoon and receive approximately 3,250 gallons per day (gpd). The lagoon would receive 1,250 gpd from the RV campground, 1,000 gpd from the dockominiums, 1,000 gpd from the cabins with a total average of 3,250 gpd.

Utility Easement Corridor The utility corridor would be located on one side of the new roadways and vary between 20 and 25 feet in width. The 25-foot utility corridor would be located on the west side of the roadway from the dockominiums and progress northward toward the new lagoon. The utility corridor would include underground electric lines, water lines and sewage lines servicing the RV camp, cabins, and dockominiums. At that point, the utility corridor would transition to be approximately 20 feet wide and would parallel the roadways on the south side, one westward toward the existing lease property and the other eastward along the east peninsula. The utility corridor would include underground electric lines, and water lines.

2.2 Action Alternative B

Action Alternative B would include the construction of the following features:  Courtesy boat dock boat ramp, and parking  Combination breakwater and boat dock  Cabins  RV Campground  Dockominiums  Roads

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 Utility easement corridor  New wastewater treatment facility (lagoon system)

Action Alternative B (AAB) would include the same features as described in AAA with the addition of an RV campground to the north of the cabin location area.

RV Campgrounds Approximately 4.1 acres of land is planned for the placement of 25 RV Campsites. Each unit would consist of a concrete pad 16 feet wide by 40 feet long and disturb approximately 0.3 acres. Electric and water connections would be provided. Sewage would be disposed of through 6 to 12-inch diameter pipelines that would transport wastewater within the proposed utility line easement placed alongside the proposed new road to the new lagoon located on the new lease expansion area.

Roads Approximately 8,616 feet (4.0 acres) of new roadways would be constructed for AAB. An additional 2,677 feet of roadway is needed for AAB to utilize the existing entrance to the Bridgeview Resort and Marina as opposed to constructing a new entrance. Using the existing entrance will allow for greater access control of visitors to the marina. Action Alternative B is shown on Figure 2b.

2.3 Alternative Comparison

Table 1 provides a comparison of land disturbance within the proposed action needed to construct AAA or AAB to provide the additional recreational opportunities at the Bridgeview Resort and Marina.

Table 1 Action Alternative A and Action Alternative B Comparison Action Action

Alternative A Alternative B Proposed Features Acres/Feet Acres/Feet Roadways 3.1/6654 4.0/8,616 Utility Corridor 3.3 Acres 4.0 Acres RV Campgrounds 0 0.3 Acres Cabins 0 Acres 0.3 Acres Dockominiums 0.4 Acres 0.4 Acres Courtesy Dock Boat Ramp and Parking 0.5 Acres 0.5 Acres Breakwater Dock 0.2 Acres 0.2 Acres Access Control to New Lease Property Not Preferred Preferred Consistency with 5 Year Plan Goals Not Preferred Preferred Houses 0 0.6 Acres Oil and Gas Well Impacts 1 0 Wetlands 0 0 Farmlands 0 0.6 Floodways 0 0 NRHP Listed Sites 0 0 100 Year Floodplains* 48 Acres 48 Acres *Based on elevation of conservation pool of 617.0 feet.

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Action Alternative A would not meet the purpose and need of the proposed action area and was removed from further consideration as a viable alternative. Action Alternative A would:

 Not provide better access the RV Campground.  Not increase revenue to maintain the existing and expanded lease properties.  Not provide better access control to the expanded lease property.  Not support existing lease improvements through increased usage.  Not improve the level of service to resort patrons and lake user associated with the BVRAM.

Action Alternative B best meets the purpose and need of the proposed action and considered as the Preferred Action Alternative. Action Alternative B would:

 Not disturb any active oil well locations.  Include the planned RV Campground.  Provide better access control to the expanded lease property.  Increase revenue to maintain the existing and expanded lease properties.  Support existing lease improvements through increased usage.  Improve the level of service to resort patrons and lake user associated with the BVRAM.

2.4 Alternative C: No Action The National Environmental Policy Act (NEPA) and the (CEQ) provided regulations on the implementation of NEPA and require consideration and analysis of the No Action Alternative. Under Action Alternative C, the “No Action” alternative, the existing Bridgeview Resort and Marina would not be expanded to the eastern lease property. The condition of the natural and social environments would remain unchanged on USACE property adjacent to Lake Texoma. Alternative Action B best meets the project purpose and need for the proposed action.

SECTION 3.0 THE AFFECTED ENVIRONMENT This section presents the general description of the conditions and resources relevant to the proposed action. Existing conditions are described for the socioeconomic, physical and biological environment within the proposed action that may be affected.

3.1 Land Use The land use within the proposed action area consists mostly of undeveloped open fields and woodlands on higher topographic elevations. The proposed action area is predominantly used to exploit oil and gas resources. Five active oil wells and a separator were observed within the proposed action area. No other land use was identified. Topographic elevation ranges from about 810 feet above mean sea level along the shoreline to 875 feet above mean seal level on the highest upland areas. The proposed action is not located in an environmentally sensitive area and within an area zoned for high density recreation (USACE, 2017a).

Marshall County experiences a warm, humid, and continental to subtropical climate. The summers are hot and humid; winters are typically mild. Rainfall averages about 45 inches with June and October consisting of the wettest months. July and August are the warmest month with an average temperature of nearly 95 degrees Fahrenheit while January is the coldest month with an average low temperature of

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30 degrees Fahrenheit (OSC, 2017). Winds are mostly from the south to southeast about 13% of the time. Average winds speed is about 7 miles per hour.

3.2 Social and Economic Conditions The U.S. Census Bureau Website was used to identify the social and economic characteristics at the county level. Table 2 summarizes the 2011-2015 census estimates for socioeconomic information for Marshall County, Oklahoma. An estimated 16,014 people live in Marshall County. Ethnic diversity estimates predominantly consisted of about 71% white, 1.5% Black or African American, 11 % American Indian and Alaska Native, and 17% Hispanic or Latino. The civilian labor force in Marshall County was approximately 66 %. Individuals below poverty was reported to be 17% which was higher than the state rate of 16%. Of the 10,002 housing units that were available, 76% are owner occupied followed by 24% renter occupied. Two hundred eighty-two (282) business enterprises were documented for Marshall County. The dominant industries were in fields related to retail trade, food services, health care and social assistance, followed by professional, scientific and technical services (U.S. Census Bureau, 2015 County Business Patterns).

The March 2012 economic report prepared by the Economic Research and Analysis Division of the Oklahoma Employment Security Commission was referenced to identify employment trends within the Southern Workforce Investment Area (WIA). This WIA includes ten counties one of which is Marshall County. Between 1999 and 2008 the Southern WIA experienced significantly more rapid growth than it had in the previous year. Between 1990 and 2008, the Southern WIA increased its average annual workforce from 86,030 to 115,900, an increase of 34.72%. Between 2008 and 2009 the Southern WIA continued to increase its average annual workforce by 3,939, but it decreased by 1,511 between 2009 and 2010. The Southern WIA’s per capita personal income realized a positive increase between the years of 1986 and 2008. The Southern WIA’s per capita personal income increased somewhat more rapidly between 1997 and 2008 than it had between 1986 and 1996. The per capita personal income increased over those twenty-three years to $30,023 from 1986 to 2008. National per capita personal income was 35% higher than the Southern WIA at $40,674 in 2008. The national and Southern WIA’s per capita personal income both decreased between 2008 and 2009.

Table 2 YEAR 2011-2015 DEMOGRAPHIC ESTIMATES OF MARSHALL COUNTY Characteristics County State Population Characteristics Marshall Oklahoma Population 16,014 3,849,733 Persons under 5 years old 6% 7.0% Persons 18 years old and over 76% 75% Persons 65 years old and over 21% 14% Female persons 50% 52% Male Persons 50% 48% Ethnic Characteristics White persons 71% 75% Black or African American persons 1.5% 7.0% American Indian and Alaska Native persons 10.8% 7.0% Asian 0.4 Hispanic or Latino 16.7.0% 15.0% Housing Characteristics Total Housing units 10,002 1,689,427 Owner Occupied Housing Units 76.0% 68.0% Renter Occupied Housing Units 24.0% 34.0% Bridgeview Resort and Marina Expansion Project Eagle Environmental Consulting Marshall County, Oklahoma April 2018 11

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Table 2 YEAR 2011-2015 DEMOGRAPHIC ESTIMATES OF MARSHALL COUNTY Characteristics County State Vacant Housing Units 0.0% 14.0% Median Household Income $40,475 $40,613 Economic Characteristics Median household income $56,438 $52,392 Per capita money income $24,171 $22,561 Families below poverty 6.0% 12.0% Persons below poverty 17% 16.0% In Labor Force 66% 62.0% Source: US Bureau of Census

3.2.1 Environmental Justice Executive Order (EO) 12898 “Federal Actions to Address Environmental Justice in Minority and Low- Income Populations” (February 11, 1994) states that if possible, no federal actions should place any adverse environmental, economic, social, or health effects on minority or low-income groups. The proposed action is located on USACE administered lands and is not occupied nor does it have any residential development and no displacements would result because of the proposed action.

According to the poverty guidelines published by the US Department of Health and Human Services (HHS), the 2017 HHS poverty guidelines for a family of four with an annual household income of $24,600 is considered to be the poverty level. An annual income of $12,060 is considered to be the poverty level for an individual. The HHS Poverty Guidelines are published annually and reflect the poverty conditions for the previous year (US Department of Health and Human Services, 2017). The proposed action would not directly impact any homes; therefore, no minority group or low income families would be disproportionately affected.

3.2.2 Protection of Children Executive Order 13045 pertains to “Protection of Children for Environmental Health and Safety Risks”, April 21, 1997. This mandate requires that federal agencies are to identify and assess environmental health and safety risks that may affect children. EO 13045 states that to the extent permitted by law and appropriate, each federal agency shall make it a high priority to identify and assess environmental health risks and safety risks that may disproportionately affect children and ensure that its policies, programs, activities, and standards address disproportionate risks to children that result from environmental health risks or safety risks. The project is located in a rural area adjacent to Lake Texoma. Although the small community of Aylesworth is located just north of the existing Bridgeview Marina, no children were observed within the action area.

3.3 Natural Resources

3.3.1 Soils The Web Soil Survey for Marshall County was used to broadly assess the soils within the proposed action area. Two soil units were identified within the property. The Konsil fine sandy loam soils located on 3 to 5% slopes are considered as farmland soils and not hydric. The Konsil fine sandy loam soils located on 8 to 15 % slopes are not considered farmland soils and not hydric. Both soils units are considered as well drained and formed from weathered sandstone.

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3.3.1.1 Farmland Soils The Natural Resource Conservation Service (NRCS) administers the Farmland Protection Policy Act (FPPA 1981) to insure that federal programs minimize unnecessary and irreversible conversion of farmland soils to nonagricultural uses. The NRCS Web Soil Survey was accessed to identify the presence of any farmland soils on upland areas adjacent to the proposed action. A minimal quantity of prime farmland soils were identified within the proposed action area based on review of the Natural Resources Conservation Service (NRCS) Web Soil Survey. In accordance with the current 7 CFR Part 658 - Farmland Protection Policy Act (FPPA), Parts 1 and III of Form AD1006 were completed and sent to the Natural Resources Conservation Services (NRCS) office for their review and completion. The response from the NRCS is provided in Appendix B.

3.3.2 Wild and Scenic Rivers The National Park Service Website was used to identify any wild and scenic rivers within or near the proposed action (National Park Service, 2012). No waterways classified as wild and scenic pursuant to the Federal Wild and Scenic Rivers Act, Public Law 90-542 are located within the proposed action.

3.3.3 Vegetation The U.S. Fish and Wildlife Service defines an ecosystem as a geographic area and all its living components, their physical surroundings, and the natural cycles that sustain them. The project area is located in the Eastern Cross Timbers ecoregion (29b ecoregion) (Woods et.al., 2005). This ecoregion consists of rolling hills, cuestas, and ridges covered by oak savanna, scrubby oak forest, eastern red cedar, and tall grass prairie and underlain by sand, shale, clay, sandstone, calcareous shale, and limestone bedrock. Post oak and blackjack oak are dominant on sandy soils while finer soils support grasses. Tree height and density are typically greater than in the drier Western Cross Timbers ecoregion and Northern Cross Timbers. Land use and land cover in this ecoregion consist mostly of grassland, pastureland, and woodland with small areas of cropland. The main crops are small grains, grain sorghum, forage sorghum, and peanuts. Abandoned farmland is common. Additionally, oil and gas exploration is common in the region.

The dominant woody species observed within the project area included American elm (Ulmus americana), winged elm (Ulmus alata), sugarberry (Celtis laevigata), post oak (Quercus stellata), box elder (Acer negundo), eastern red cedar (Juniperus virginiana) poison ivy (Toxicodendron radicans), honeysuckle (Lonicera japonica), common privet (Ligustrum sp.), smooth sumac (Rhus glabra), multiflora rose (Rosa multiflora), green brier (Smilax sp.), blackberry (Rubus oklahomensis), and buttonbush (Cephalanthus occidentalis). The dominant herbaceous species observed included common ragweed (Ambrosia artemisiifolia), Johnson grass (Sorghum halapense), Bermuda grass (Cynodon dactylon), henbit (Lamium amplexicaule), vetch (Vicia sp.), violet (Viola sp.), fescue (Festuca sp.), Bermuda grass (Cynodon dactylon), sercia (Sercia lespedeza,) little bluestem (Schizachyrium scoparium), broomsedge bluestem (Andropogon virginicus), horse nettle (Solanum carolinense), Virginia wildrye (Elymus virginicus), polk, (Phytolacca americana), fescue (Festuca pratensis), three awn (Aristida sp.), spring beauty (Claytonia virginica), white clover (Trifolium albidum), broomweed (Guiterizzia dracunculoides), thistle (Cirsium sp.), flowering boneset (Eupatorium perfoliatum), and Scribner’s panicum (Dichanthelium oligosanthes).

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3.3.4 Water Resources

Surface Water The Little City USGS topographic map indicates one intermittent stream is located within the action area. No perennial streams are present in the action area. Several ephemeral drains provide stormwater runoff to the Lake.

Water quality at Lake Texoma is dependent upon many factors, including the location of Denison Dam downstream of the confluence of the Washita River with the Red River and the unique chemical characteristics exhibited by the reservoir (USACE, 2017b). The Washita River Arm of Lake Texoma is identified as a Category 5 waterbody that is described when one or more uses are considered impaired. The lake is on the State 303d waterbody list with total maximum daily loads for dissolved oxygen and chloride (ODEQ, 2014). The Flood Control Act of 1938 authorized the construction of Denison Dam to create Lake Texoma for flood control and the generation of hydroelectric power. Additionally, Lake Texoma is used for water supply, recreation and improvement of navigation (USACE, 2017).

The Washita arm of the lake contribute large amounts of silt, clays, and dissolved minerals. Of particular concern are highly saline inflows from the Red River due to natural salt sources (brine spring emissions) in the headwaters and certain upstream tributaries. Additionally, Lake Texoma develops stratification during the late summer and early fall. Due to this stratification, the dissolved oxygen (DO) levels in the turbine discharge in the water immediately downstream of the dam drop to levels that may be dangerous for some types of fish. (USACE, 2017a).

Groundwater The proposed action area is located in the Dissected Coastal Plain (Curtis and Ham, 1979). The Oklahoma Water Resources Board website was used to broadly assess groundwater resources beneath land within the proposed action. The proposed action is underlain by the Antlers Hydrogeologic Basin (Osborn and Hardy, 1999). The outcrop of the Early Cretaceous-age Antlers Sandstone, DeQueen Limestone, and Holly Creek Formation provide recharge for the Antlers hydrogeologic basin. The Antlers aquifer is a major aquifer in Oklahoma. Large-capacity wells tapping the aquifer commonly yield 100-500 gallons per minute (gpm), with reported production as high as 1,700 gpm.

Public Water Supplies The Oklahoma Department of Environmental Quality’s Data Viewer was used to broadly assess the presence of public water supplies wells, public water supply intakes, and wellhead protection areas that may be affected by the proposed action. No public water supply intakes would be affected by the proposed action.

Sole Source Aquifers The United States Environmental Protection Agency’s website was used to identify the location of any sole source aquifers. No sole source aquifers are located near the proposed action.

3.3.5 Floodplains The protection of floodplains and floodways is required by Executive Order 11988 to avoid to the extent possible the long and short-term adverse impacts associated with the occupancy and modification of floodplains to avoid direct or indirect support of floodplain development. Coordination with the Oklahoma Water Resources Board determined that Marshall County does not participate in the National Bridgeview Resort and Marina Expansion Project Eagle Environmental Consulting Marshall County, Oklahoma April 2018 14

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Flood Insurance Program (NFIP). Lake Texoma contains 873 miles of shoreline at conservation pool elevation of 617.0 national geodetic vertical datum (NGVD) (USACE, 2017a). The Lake Texoma Master Plan indicated that the elevation at the top of the Dennison Dam is 670 feet NVGD and maximum surcharge pool elevation is at 666.4 feet NVGD (USACE, 2017a, 2017b). The top of the flood control pool is at 640 feet NVGD with flood control storage from 617 to 640 feet NVGD. The existing marina recently experienced flooding in 2015.

The Federal Emergency Management Agency’s (FEMA) website was used to determine whether any floodplains were located within the proposed action. The proposed action area is located on Map Number 4005110100A, Panel 100 of 150 dated November 2, 1990. The proposed action is located within the FEMA designed 100-year floodplain and shown on Figure 4a and 4b. Approximately 50.12 acres of the proposed action area is located in the floodplain above the conservation pool elevation of 617 feet. Approximately 32.45 acres are not located within the floodplain.

3.3.6 Wetlands The United States Army Corps of Engineers (USACE) Wetlands Delineation Manual (Environmental Laboratory, 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (USACE 2010) were referenced in concert to identify wetlands. Wetland areas, if observed, were to be identified using the routine on-site (level 2) method, as described in Section D of the 1987 USACE Wetlands Delineation Manual. The identification of wetlands consists of a three-parameter approach that involves determining the presence of hydrophytic vegetation, hydric soils, and wetland hydrology. Where differences in the two documents occur, the Regional Supplement takes precedence over the 1987 Corps Manual for applications in the Great Plains Region. A survey for wetlands was performed within the proposed action area. Results are provided in Section 4.3.3.

3.3.7 Fish and Wildlife The species of wildlife expected to use or be present within the proposed action area may include such species as white-tailed deer (Odocoileus virginianus), fox squirrel (Sciurus niger), cottontail rabbit (Sivilagus floridanus), raccoon (Procyon lotor), mink (Mustela vison), opossum (Didelphis virginiana), skunk (Mephitis mephitis), muskrat (Ondatra zibethicus), and beaver (Castor canadensis). Various avian species comprised of raptors, waterfowl, neo-tropical migrants, as well as a variety of herpetofauna including timber rattle snakes (Crotalus horridus), copperhead (Agkistrodon contortrix), cottonmouth (A. piscivorus), water snakes (Nerodia sp.), amphibians, salamanders, lizards, skinks, tortoise and turtles are present in and/or migrate through the general area. Predatory mammals including the coyote (Canis latrans) are expected in above average density while the numbers of grey fox (Urocyon cinereoargenteus) are expected to be relatively low despite the presence of suitable habitat. Local bobcat (Lynx rufus) populations are anticipated to be below average. The typical fish species that may use Lake Texoma can include striped bass (Monrone saxatilis), white bass (M. chrysops), largemouth bass (Micropterus salmoides), sunfish (Lepomis sp.), white crappie (Poximus annularis), channel catfish (Ictalurus punctatus), blue catfish (I. furcatus), flathead catfish (Pylodictus olivaris), along with rough fish species including carp (Cyprinus carpio), bigmouth buffalo (Ictiobus cyprinellus), smallmouth buffalo (I. bubalus), drum (Aplodinotus grunniens), suckers (Carpoides sp.), alligator gar (Atractosteus spatula) and forage species including minnows, shiners, and gizzard shad.

3.3.8 Threatened and Endangered Species In accordance with the Endangered Species Act of 1973, Federally-listed threatened and endangered species were identified for the proposed action area. These species have the potential to be present in or migrate through Marshall County. Federally listed species in Marshall County include the American Bridgeview Resort and Marina Expansion Project Eagle Environmental Consulting Marshall County, Oklahoma April 2018 15

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Burying Beetle, Least Tern, Piping Plover, Red Knot and the Whooping Crane. The official list of threatened and endangered species potentially present within or adjacent to the proposed action was generated by the United States Fish and Wildlife Service’s on-line Information, Planning, and Conservation (IPaC) decision support system (USFWS, 2017) and shown in Table 3.

Table 3 Threatened and Endangered Species Marshall County, Oklahoma Common Name Scientific Name Status American Burying Beetle Nicrophorous americanus Endangered Least Tern Sterna antillarum Endangered Piping Plover Charadrius melodus Threatened Red Knot Calidris canutus rufa Threatened Whooping Crane Grus americana Endangered Source: USFWS, 2018

American Burying Beetle The American Burying Beetle (ABB) is a large beetle with a shiny black appearance with four orange- red spots on the wing covers (elytra). A large red spot on the pronotum of the beetle is indicative of the species. The habitat requirements for this beetle are not fully known; however, the ABB is considered a habitat generalist and is known to occupy a diverse range of habitats. Habitats associated with the ABB include open grasslands, forests, as well as transitional areas. Suitable habitat exists within the action area. The property lies within the historic range of the ABB. The ABB presence within the property has not been confirmed through a presence/absence survey but their presence is considered possible based on the observed habitat characteristics.

Least Tern The least tern is a small migratory shorebird that breeds along inland river systems in Oklahoma. The least tern typically arrives in April and occupies breeding sites from June through August and forages on small fish in shallow water along sandbars associated within large rivers and reservoirs. Nesting habitat includes bare and sparsely vegetated sand and gravel bars. Currently, they occur as small remnant colonies throughout their former range. In Oklahoma, least terns nest along the Red River, Arkansas River, Cimarron River, and Canadian River, as well as at the Salt Plains National Wildlife Refuge (USFWS, 1985). Suitable foraging habitat for the least tern may be present however; no suitable nesting areas were observed within the action area.

Piping Plover The piping plover is a small, stocky, sandy-colored bird resembling a sandpiper. The habitat requirements for the piping plover include sandy shorelines on lakes and sandbars along the major river systems for forage and resting areas. The piping plover is migratory in Oklahoma in the spring and fall. They do not generally nest in Oklahoma. Plovers often gather in groups on undisturbed beaches prior to their southward migration. By mid-September, both adult and young plovers will have departed for their wintering areas (USFWS, 2011). Potentially suitable habitat for the piping plover was not observed within the action area.

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Red Knot The Red Knot is a rather large sandpiper that breeds in far northern Canada on tundra from May to June. Fall migrations typically begin in late July through mid-August where the species may travel as far as the coasts of South America. Migratory habitat requirements for the red knot include coastal areas, mudflats on lakes or reservoirs, and may use sandbars along the major river systems for forage and resting areas. This species is considered migratory in or through Oklahoma in the spring and fall. The shoreline areas are predominantly rock with no mudflat areas identified. Potentially suitable habitat may be present in some limited areas.

Whooping Crane The Whooping Crane was listed as an endangered species in June 1970 (35 FR 8495). Whooping Cranes are the tallest bird in North America nearly five feet in height and live in families made up of parents and one or two offspring. Whooping cranes use marshes and prairie potholes in the summer and coastal marshes and prairies in the winter. Primary habitat for the Whooping Crane occurs in the Great Salt Plains of Oklahoma. The migratory flyway is in the western half of Oklahoma, with possible stopovers in the fringe wetland areas associated with Foss Reservoir. The Whooping Crane is classified as a winter migrant with rare occurrences of over wintering in extreme southwest and northwest Oklahoma. Suitable habitat was not observed within the action area.

Bald Eagle Although the Bald Eagle (Haliaeetus leucocephalus) has been removed from the threatened and endangered species list, the eagle continues to be protected by the Bald and Golden Eagle Protection Act. Bald eagles are rather large raptorial birds measuring 3 feet in height with a 7-foot wingspan. The bald eagle prefers large trees or high cliffs along large waterways for perching and nesting purposes. Fish is the preferred diet of eagles, but they also eat small mammals, waterfowl, turtles and dead animals. Preferred foraging areas include quiet coastal areas, rivers or lakeshores with large tall trees. Potential or suitable habitat was identified within the action area. However, no Bald Eagles or nests were observed during the site visit. This proposed action is not expected to impact the Bald Eagle.

Migratory Birds Executive Order 13186 refers to the responsibility of federal agencies to protect migratory birds. Migratory bird species are protected under the Migratory Bird Treaty Act (MBTA) as amended. The MBTA prohibits the take of any migratory bird without authorization for the USFWS. While potentially suitable nesting habitat was present, no bird nests were observed within the proposed action area.

3.3.9 Cultural Resources Field archeological investigations were performed within the proposed action (Cojeen, 2016). The identification and assessment of potential cultural resources within the proposed action was based on a review of available records regarding archeological and historic resources in the region. Section 106 of the National Historic Preservation Act of 1966, as amended, protects those properties that are listed or eligible for listing in the National Register of Historic Places (NRHP). No historical property or archaeological site is on record within the proposed action at the State Historic Preservation Office (SHPO) or the Oklahoma Archeological Survey (OAS).

One new mid-20th century archeological site, one cement culvert and a US Coast Guard light beacon over 45 years of age or older was located during the course of this study. The 20th century site consists of a well location that was cleaned up by the Oklahoma Energy Resources Board and contained a small

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20x10 meter push pile of metal pipe, a metal paint can, barbed wire, a concrete block, unmarked red brick, wood fence posts, utility poles and a 1950’s space heater and two cement slabs, one with a metal door compartment. Only the western portion of this site is located on USACE property. This site is heavily disturbed and would not appear to meet the criteria for eligibility for inclusion on the NRHP. A metal light beacon stamped US Coast Guard is located approximately 111 feet south of the proposed action area. The beacon would not appear to meet the criteria for eligibility for inclusion on the NRHP. No significant cultural resources were observed during the course of these investigations. The proposed lease expansion area of the Bridgeview Marina and Resort, as currently planned; has been modified to avoid the Coast Guard Beacon area and based on the findings of the cultural resource study, would not impact significant cultural resources.

3.3.9.1 Tribal Consultation The Bureau of Indian Affairs and the USACE were contacted concerning any Native American Tribal interest in the proposed action area. Native American interests identified included the Osage Nation, Chickasaw Nation, Caddo Nation of Oklahoma, Quapaw Tribe of Indians, Wichita and Affiliated Tribes, and the Choctaw Nation of Oklahoma. Letters were sent to each Native American tribe and are provided in Appendix B.

3.10 Air Quality The Clean Air Act (CAA) requires the USEPA to identify National Ambient Air Quality Standards (NAAQS) to protect public health and welfare. Ambient air quality monitoring stations exist at various locations throughout Oklahoma. The NAAQS were established for ozone (O3), carbon monoxide (CO), nitrogen dioxide (NOx), sulfur dioxide (SOx), and particulate matter (PM10) and (PM 2.5). Areas that meet the national standards for the criteria air pollutants are in attainment. Areas that exceed the national standards are in nonattainment. Under the CAA, the EPA has classified air basins as being in attainment or nonattainment for each of the criteria pollutants and whether or not the standards have been achieved. Air quality in Oklahoma is measured and regulated by the Oklahoma Department of Environmental Quality, Air Quality Division (Table 4). Currently, Marshall County, Oklahoma is in attainment with regard to the NAAQS with respect to the criteria pollutants CO, SO2, O3, NO2.5, PM10, and Pb (Ward, 2017).

Table 4 National Ambient Air Quality Standards Pollutant Primary/Secondary Averaging Time Level Carbon Dioxide Primary 8-hour 9 ppm 1-hour 35 ppm Lead Primary and Rolling 3 month 0.15µg/m3 (1) Secondary average Nitrogen Dioxide Primary 1-hour 100 ppb Primary and Annual 53 ppm (2) Secondary Ozone Primary and 8-hour 0.075 ppm (3) Secondary 3 Particulate PM 2.5 Primary Annual 12 µg/m Pollution Secondary Annual 15 µg/m3 Primary and 24-hour 35 µg/m3 Secondary

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Table 4 National Ambient Air Quality Standards Pollutant Primary/Secondary Averaging Time Level 3 PM 10 Primary and 24-hour 150 µg/m Secondary

Sulfur Dioxide Primary 1-hour 0.075 ppb(4) Secondary 3-hour 0.5 ppm 1. Final rule signed October 15, 2008. The 1978 lead standard (1.5 μg/m3 as a quarterly average) remains in effect until one year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved. 2. The official level of the annual NO2 standard is 0.053 ppm, equal to 53 ppb, which is shown here for the purpose of clearer comparison to the 1-hour standard. 3. Final rule signed March 12, 2008. The 1997 ozone standard (0.08 ppm, annual fourth-highest daily maximum 8-hour concentration, averaged over three years) and related implementation rules remain in place. In 1997, USEPA revoked the 1-hour ozone standard (0.12 ppm, not to be exceeded more than once per year) in all areas, although some areas have continued obligations under that standard (“anti-backsliding”). The 1-hour ozone standard is attained when the expected number of days per calendar year with maximum hourly average concentrations above 0.12 ppm is less than or equal to one. 4. Final rule signed June 2, 2010. The 1971 annual and 24-hour SO2 standards were revoked in that same rulemaking. However, these standards remain in effect until one year after an area is designated for the 2010 standard, except in areas designated nonattainment for the 1971 standards, where the 1971 standards remain in effect until implementation plans to attain or maintain the 2010 standard are approved. Source: USEPA Office of Air and Radiation, 2015.

3.11 Hazardous, Toxic, and Radiological Waste On February 17, 2017, Environmental Data Resources, Inc. (EDR) conducted a search of state and federal environmental database records with respect to the proposed action. Additionally, the Oklahoma Department of Environmental Quality’s GIS Map Data Viewer and the U.S. Environmental Protection Agency’s Envirofacts were used to assess the proposed action for hazardous, toxic, and radiological waste. No regulated facilities were observed within the area planned for the proposed action. Five active oil and gas wells, the Warren Jones 1 Well, Warren Jones 2 Well, Warren Jones 3 Well, Rose Unit 1 Well, Rose Unit 2 Well, and an abandoned separator were observed within the proposed action. No stained soil was observed adjacent to the wells. Figure 5a and 5b show the location of active oil and gas wells within the proposed action.

3.3.12 Geology The proposed action is located within the Ardmore Basin Geologic Province of Oklahoma and the Dissected Coastal Plain Geomorphic Province of Oklahoma (Oklahoma Geological Survey, 2008). The proposed action is underlain by the Caddo Formation of Pennsylvanian age that consists primarily of limestones, marls, and shales (Hart, 1974, Huffman et al. 1987). Bedrock is relatively shallow and can be observed in areas along the shoreline of Lake Texoma.

3.3.13 Climate Change Climate change is an important national and global concern. There is general agreement that the earth’s climate is currently changing and anthropogenic (human-caused) greenhouse gas (GHG) emissions have been documented as contributing to this change. Carbon dioxide (CO2) makes up the largest

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ENVIRONMENTAL ASSESSMENT anthropogenic component of these GHG emissions. However, there is no scientific methodology for attributing specific climatological changes to a particular project’s emissions.

In December 2014, the Council on Environmental Quality published revised guidance on ways that Federal agencies can improve their consideration of the effects (GHG) emissions and climate change for Federal actions under the NEPA (Federal Register, 2014). The revised draft supersedes the draft guidance issued on February 18, 2010. The guidance document, Revised Draft Guidance for Greenhouse Gas Emissions and Climate Change Impacts (CEQ, 2014), recommends that Federal agencies use 25,000 metric tons of direct carbon dioxide-equivalent emissions as a guideline for determining whether to address GHG emissions and climate change in detail under NEPA.

The Draft Guidance provides that a NEPA climate change analysis shall provide quantification and mitigation to reduce GHG emissions. The guidance provides that 25,000 metric tons of CO2-equivalent GHG emissions per year as a reference point to determine when GHG emissions warrant a quantitative analysis taking into account available GHG quantitative tools and data that are appropriate for proposed agency actions to assist lead agencies in making informed decisions on climate change impacts resulting from a project subject to NEPA. The guidance notes that the 25,000 metric tons is not a threshold for evaluating climate change on the project level. The CEQ issued the Draft Federal Greenhouse Gas Accounting and Reporting Guidance in July 2010, which provides methodologies for estimating GHG emissions for federal projects.

The Environmental Protection Agency’s Green Book website was used to assess the air quality in Oklahoma. The Green Book shows no areas of Nonattainment for Criteria Pollutants (EPA, 2017). Marshall County is in attainment for the NAAC pollutants. Therefore, Marshall County is not on any state implementation plan.

SECTION 4.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION

This section presents an analysis of the potential environmental consequences, both beneficial and adverse, under the No Action Alternative and the Preferred Action Alternative (PAA) with respect to the identified public interest review factors. No detailed discussions relative to the No Action are included. Discussion of the potential environmental consequences associated with the identified public interest review factors relative to the proposed action are presented below.

4.1 Land Use The PAA would result in direct impacts of approximately 9.1 acres of ground surface disturbance and 0.6 acres of disturbance within the lake. The landscape of the proposed action would be altered by clearing/grubbing, grading, and fill associated with project construction. The PAA expands recreational opportunities and facilities to include 10 cabins and 25 RV camp sites on upland areas. The construction/grading plan will be performed in accordance with standard engineering guidelines and practices. Construction would require removal of existing herbaceous and woody vegetation and grading of the existing landscape to match the design features. A stormwater management plan will be prepared and implemented to minimize runoff to the greatest extent practicable during construction. No cumulative impact to topography and soils are anticipated. No long-term adverse effects are expected from the construction activities.

The No-Action Alternative would result in no development at this property. None of the facilities

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ENVIRONMENTAL ASSESSMENT contemplated under the PAA would be constructed and environmental conditions would remain as they do at present.

4.2 Social and Economic Conditions The PAA may temporarily increase noise affecting people living nearby, however this will be short term in nature. The PAA will likely provide a benefit to the surrounding population due to the expansion of recreation activities and potentially increase their quality of life. Businesses that provide typical convenience store related products will likely see any increase in sales in the general area as workers travel back and forth to increase infrastructure at the marina. Moreover, sales would likely increase at the marina general store. After construction is complete, the social and economic environments in the general area are expected to follow historic trends in the project area vicinity. Therefore, adverse impacts are not expected.

4.2.1 Environmental Justice The PAA would not directly impact any homes; therefore, no minority group or low-income families would not be disproportionately affected.

The No-Action Alternative would not cause impacts on the human environment. Therefore, there would be no disproportionate negative impacts on minority or low-income populations.

4.2.2 Protection of Children The PAA will not disproportionately affect the safety or health of children and will be in full compliance with Executive Order 13045. In conformance with the EO, children will be restricted from or near the construction areas associated with the proposed action. All construction areas would be restricted on a short-term basis from general public access.

4.3 Natural Resources

4.3.1 Soils The PAA will disturb approximately 9.1 acres of soil. The disturbance of soil and construction activities associated with the proposed project will be performed in accordance with the standard best management practices (BMP’s). Best Management Practices are used to minimize soil erosion and sedimentation from construction while the site undergoes removal of the soil, transporting soil and vegetation and compacting and re-grading the site. Silt fencing and hay bale barriers should be installed down gradient of areas of disturbance to dissipate velocities of surface water runoff and trap fugitive sediment. Best Management Practices would be insure that noxious and or invasive weeds are minimized. Seed would be planted in the fall and over seeded in the following spring and disturbed soils will be re-vegetated.

Under the No-Action Alternative, no soils would be impacted.

4.3.1.1 Farmlands The PAA would disturb approximately 0.6 acres of prime farmland soils. Although the PAA would disturb approximately 9.1 acres of soil, not all soils disturbed are farmland soils. The site assessment score received a total score less than 160 points. Therefore, the FPPA does not apply. Documentation from the NRCS is provided in Appendix B.

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4.3.2 Floodplains The PAA will disturb approximately 9.7 acres within the 100-year floodplain. Approximately 50.12 acres of the PAA is above the conservation pool of 617 feet NVGD and within the 100 Year floodplain based on 1990 FEMA mapping. Much of this area has the potential for flooding when Lake Texoma is in flood pool operation which includes the areas planned for tiny cabins. As flood control is an authorized project purpose for Lake Texoma, the Tulsa District must be capable of efficiently operating the lake for this purpose. Therefore, all construction and development plans associated with this proposed action would require review and approval by the Tulsa District prior to construction and implementation. This review would likely result in the requirement for no net loss of flood storage capacity for the reservoir at any given elevation at or below elevation 640 feet NGVD and the prohibition of construction of habitable structures within the Lake Texoma flood pool.

All work associated with the proposed action would conform to applicable state or local floodplain protection standards. Best managements practices will keep disturbance to a minimum. The proposed Best Management practices are described in Section 4.3.1. Marshall County does not participate in the National Flood Insurance Program.

The No-Action Alternative would not impact floodplains.

4.3.3 Wetlands The PAA would not disturb any wetlands. On February 16 and March 2, 2017, Steve Votaw and David Bednar conducted a wetland survey within the proposed action area. Two palustrine scrub-shrub (PSS) wetlands were observed within the action area adjacent to the shoreline of Lake Texoma and would not be disturbed. A Wetland and Waterway Delineation Report of Survey documenting these findings is provided at Appendix C.

There would be no impacts to existing wetlands under the No-Action Alternative. 4.3.4 Water Resources

Surface Water The PAA would generate a disturbance to surface water at Lake Texoma. Lake Texoma will be considered jurisdictional by the USACE and any construction related activities on, in, over, or under the lake will be subject to regulation pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. Disturbed sediments and turbidity are expected during construction of the proposed boat dock, combination breakwater and boat dock, and placement of dockominiums. No adverse impacts are anticipated to surface water resources, however the project proponent will be required to obtain the appropriate Section 10/404 permits from the USACE Regulatory Office to ensure any potential impacts are addressed through the permit process.

Groundwater The PAA will result in minimal disturbance of land within the local watershed. The change in land use associated with this project should have a negligible, if any, effect on groundwater recharge.

No water resources would be impacted under the No-Action Alternative.

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4.3.5 Vegetation Executive Order 13112, signed by President Clinton on February 3, 1999, requires that a Council of Departments dealing with invasive species be created to prevent the introduction of invasive species and provide for their control and to minimize the economic, ecological, and human health impacts that invasive. Invasive species are plants that grow and have a relatively higher probability of growing in areas of soil disturbance. The aggressive spread of these species can interfere with growth of native species.

No invasive species were observed within the PAA. Removal of herbaceous and woody vegetation will result from construction of roadways, the RV Campground area, and the cabin area. Revegetation of the disturbed areas outside of the proposed action area is proposed as compensatory mitigation (Section 5.0).

The No-Action Alternative would allow vegetative species to occur naturally and wildlife species to occupy or pass through the property.

4.3.6 Fish and Wildlife The PAA is expected to cause short term and localized impacts to aquatic species and will cease when the proposed action is completed. The dominant change includes a modification to biological resources within the water column and lake floor. Animal species and their respective uses are expected to be varied, opportunistic, and relative to the preferred or utilized habitats for each. Based on the observed habitat characteristics, the most predominant species expected to be present or utilize the proposed action would consist of small mammals and birds. The diversity of bird species varies between summer and winter migrants however, no nests were observed. Predatory or omnivorous animals such as coyote, skunk, raccoon, and snakes are expected to utilize both areas primarily during foraging. The habitat quality is subjectively described as fair to excellent relative to the wide range of species known to occur within or adjacent to the project area. For example, white-tailed deer may use the area for cover and foraging due to its seclusion, restricted access, and vegetative structure. Fox squirrels are expected to be present in average numbers based on the presence of hard-mast bearing trees. Avian species utilize the action area and appears to be relegated primarily to neo-tropical migrants. Ground nesting species were not observed and are not expected in any consistent appreciable extent or numbers. Ground- dwelling rodents and their evidence were observed within the action area. Suitable forage and cover is provided by deadfall, vines, and some seed producing herbaceous vegetation Herpetofauna are expected throughout the action area. Habitats for these species would include herbaceous fields, forested areas, drainage channels, upland hillsides, wetland areas, and along the shoreline. Based on this assessment, the overall impacts to terrestrial species are expected to be minor and minimal. The majority of the terrestrial species should be able to flee the proposed work areas prior to construction. Some nesting habitat for avian species may be removed. However, more than sufficient suitable and preferred habitat is available in very close proximity to the proposed action are for terrestrial species to utilize for cover, nesting, denning, and/or foraging. Since the majority of the prospective construction operations would occur on land, adverse impacts to aquatic species are not anticipated.

Under the No-Action Alternative, terrestrial and aquatic species would not be affected by existing human activities associated with the proposed action.

4.3.7 Threatened and Endangered Species Based on the onsite habitat assessment, no optimum or preferred habitat for the Least Tern, Piping Plover, Red Knot, or Whooping Crane was observed or considered present. Additionally, no

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ENVIRONMENTAL ASSESSMENT construction activities are proposed where potentially suitable habitat may be present. Therefore, a No Effect determination is considered appropriate for these species. No records documenting these species presence was available from ONHI or ODWC (See Appendix A).

Suitable habitat is present for the ABB. A presence/absence survey will need to be conducted prior to construction.

The Species Conclusion Table (Table 5) below provides the documentation and rationale relative to the potential affect to each of the federally-listed species:

Table 5 Species Conclusion Table Species / Habitat Critical Notes / Documentation ESA Determination Determination Habitat May Affect, but likely not Potentially Potentially suitable habitat present within project area. American to adversely affect Suitable Presence absence surveys should be conducted. Burying Beetle provided survey is Habitat Present negative. Limited, if any, The shoreline areas are predominantly rock with no potentially mudflat areas identified. Potentially suitable habitat Red Knot suitable No Effect may be present in some areas; however, the planned foraging construction activities should not affect this species. habitat present Potential Potentially suitable foraging habitat present associated foraging with the reservoir, however no suitable nesting areas Least Tern habitat present. No Effect were observed. Based on the planned construction No nesting activities, Least terns should not be affected. habitat present. Limited, if any, potentially Potentially suitable foraging habitat present along the Piping Plover suitable project area shoreline. However, the planned No Effect foraging construction activities should not affect this species. habitat present Whooping No Suitable Crane No suitable habitat present. No Effect Habitat

Bald Eagle Potential or suitable habitat was identified within the action area for the bald eagle. No bald eagles or nests were observed during the site visit. This project is not expected to impact the bald eagle.

Migratory Birds Suitable nesting habitat is present within the project area. However, no bird nests were observed within the area planned for the proposed action. No active swallow nests were observed within the action area. Construction is encouraged to occur between August 15 and March 31 to avoid the nesting season to avoid potential impact to migratory birds. Suitable habitat for non-migratory ground nesting birds is also present and construction is encouraged to occur during the non-nesting season. Provided construction can be conducted within the non-nesting season, no adverse effects are anticipated to non- migratory birds.

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The No-Action Alternative would result in no execution of the proposed action alternative. No additional impacts to threatened and endangered species or their habitat would result from the No- Action Alternative.

4.4 Cultural Resources The PAA was assessed for cultural resources. The PAA as currently planned will not impact significant cultural resources. Currently, the Tulsa District is working through the Section 106 process of the National Historic Preservation Act of 1966 (as amended). The USACE archeologist will submit the cultural resources report to the State Historic Preservation Office and the Oklahoma Archeological Survey for review.

The No-Action Alternative would not impact cultural resources. Natural processes including erosion would continue to affect the general area.

4.4.1 Tribal Consultation One response was received from the Osage Nation. If comments are forthcoming from any other Native American group, the Tulsa District will respond appropriately.

4.5 Air Quality The PAA is located in Marshall County. In February 2017, the Oklahoma Department of Environmental Quality was contacted concerning air quality. Marshall County is classified as in attainment with regard to the NAAQS pollutants. Therefore, the construction of the PPA would have minimal effects on air quality.

Construction Related Emissions The proposed project would generate local temporary short-term direct impacts on air quality during construction. Sources of dust will be generated from vehicular traffic and construction-related equipment (trucks, scrapers, and excavators). The EPA has the following recommendations to implement regarding the construction period of the project:  Use ultra-low sulfur fuel (< 15 ppm) in all diesel engines.  Use add-on controls such as catalysts and particulate traps where suitable.  Minimize engine idling (e.g., 5-10 minutes/hour).  Use equipment that runs on clean, alternative fuels as much as possible.  Use updated construction equipment that was either manufactured after 1996 or retrofit to meet the 1996 emissions standards.  Prohibit engine tampering and require continuing adherence to manufacturers’ recommendations.  Maintain engines in top running condition tuned to manufacturers’ specifications.  Phase project construction to minimize exposed surface areas.  Reduce speeds to 10 and 15 mpg in construction zones.  Conduct unannounced site inspections to ensure compliance.  Locate haul truck routes and staging areas away from sensitive population centers.

The Bridgeview Resort and Marina or their selected contractors will implement dust control measures that will effectively eliminate and or minimize dust during construction activities. No long term or adverse impacts are anticipated

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Operational Related Emission Criteria emission sources during operation of the proposed project will occur. However, Marshall County is considered to be ‘in attainment’ with air quality parameters monitors; therefore, operation related emissions are not expected to impact air quality standards. The emission levels of the anticipated construction equipment are expected to be minimal based on the relatively few numbers of construction equipment needed to accomplish the construction process. Minor increases may result during times of increased traffic however these periods are expected to be periodic allowing sufficient time for atmospheric assimilation.

Climate Change Analysis and Emission Estimates Marshall County is considered to be in attainment with air quality; therefore, the preferred action alternative will likely fall below EPA’s 25,000 metric tons per year major reporting standard.

Under the No Action Alternative, no earth disturbing activities would occur and no emissions would result.

4.6 Hazardous, Toxic, and Radiological Waste Five oil and gas wells and one separator were identified within the proposed action area. No wells would be disturbed by the PAA.

A new wastewater lagoon system will be constructed under the PAA to increase sewage expected from the construction of new cabins, RV campground sites, and dockominiums. The construction of the new lagoon is required to receive the increased sewage from development of the PAA. This expansion would require approvals by the Oklahoma Department of Environmental Quality. Sewage lagoons must be constructed with impervious material such as clay or an artificial liner to prevent contamination of groundwater and surface water sources in the area. Primary treatment occurs when wastewater flows into the septic tank where the liquids separate from the solids. The heavier solids settle to the bottom of the tank while the lighter particles and scum float to the top. This material is retained in the tank by vertical baffles. The settling process takes about 24 hours. The natural bacteria in the septic tank begins to breakdown the organic material found in the wastewater. Only the treated liquid (effluent) found in the center level of the tank flows out of the septic tank and into the lagoon. The sludge and scum remain in the septic tank and must be periodically removed so they do not clog the outlet and/or spill into the lagoon (ODEQ, 2018).

Wastewater treatment systems can require maintenance over time. Potential problems could include overloading in the lagoon or wind action that may cause odors. However, lagoons are designed to have no discharge (total retention) to the environment, and if properly designed, operated, and maintained, lagoons normally have no undesirable odors and provide effective treatment with minimal threat to the environment. No impacts are expected from the construction and operation of the new lagoon system.

The No-Action Alternative would not impact hazardous waste or materials.

4.7 Geology The PAA would not directly affect geologic resources.

The No-Action would not impact geologic resources.

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4.8 Cumulative Effects Three types of impacts are routinely assessed with proposed federal actions and are defined by the Council on Environmental Quality (CEQ) regulations (40 CFR § 1500-1508). Direct impacts are defined as effects that are caused by the action and occur at the same place and time. Indirect impacts are defined as effects that are caused by the action and are later in time or farther removed in distance but are still reasonably foreseeable. Indirect effects may include growth induced effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems (40 CFR § 1508.8). Direct and indirect impacts have been addressed throughout this section.

Cumulative impacts are defined as the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other action (CFR 40 § 1508.7). Cumulative impacts include the direct and indirect impacts of a project together with the reasonable foreseeable future actions of others. The cumulative impacts that result from an action may be undetectable but can add to other disturbances and eventually lead to a measurable environmental change. The assessment of cumulative impacts is required by the CEQ. For any given resource, a cumulative impact would only potentially exist if the resource were also directly impacted by the proposed action. Resource Impact Analysis

Land Resources The PAA would slightly modify the topographic setting of the project site. Changes to the project site would not influence land resources in other areas. The PAA would follow all appropriate permitting procedures; therefore, implementation of the proposed action would not result in cumulatively considerable adverse effects to land resources.

Water Resources The PAA would directly impact surface water sources and may indirectly affect receiving drainages associated with a temporary increase in sedimentation to the local watershed from stormwater runoff. However, with the use of best management practices, stormwater runoff would be minimized or prevented to avoid such impacts to the extent possible and not influence other areas of the watershed. The proposed action will comply with the Clean Water Act as it relates to stormwater (Section 402) and point-source (Section 404) discharges. No cumulative impacts are anticipated to water resources.

Air Quality Marshall County is in attainment for criteria pollutants established by the EPA. Future development near the project site would be subject to state and federal regulations; therefore, no cumulatively considerable adverse effects to air quality are anticipated.

Biological Resources The PAA has the potential to impact suitable habitat for one of the federally-listed wildlife species and surveys will be conducted before construction. No appreciable impacts to ABB habitat are expected. The project area does not contain any unique or sensitive ecosystems or biological communities. Terrestrial and aquatic species would be able to move to adjacent areas and have free moment. Some terrestrial habitat would be removed, but the activities should not result in adverse cumulative effects to any aquatic or terrestrial species. Development of the project as proposed is expected to provide

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ENVIRONMENTAL ASSESSMENT predominantly positive and beneficial impacts. Therefore, implementation of the proposed action would not result in cumulatively adverse effects to biological resources.

Cultural Resources Protection measures for potential impacts to unknown cultural resources that may be inadvertently discovered have been included in Section 5, and similar measures would be required for any development in the vicinity of the project site. No cumulatively considerable adverse effects to cultural resources would occur as a result of the proposed action.

Socioeconomic Conditions The PAA will generate positive cumulative socioeconomic impacts that would affect the lifestyle and economics of local residents. The expansion of the Bridgeview Resort and Marina would provide positive benefits for those seeking recreation in the Lake Texoma region. Therefore, no adverse cumulative socioeconomic effects would result.

Land Use The PPA would result in changes to local land use patterns due to more people and better access. No cumulatively adverse land use effects have been identified or are expected.

Visual Resources The PAA is not located in a designated scenic area or an area of high aesthetic value. With the implementation of Best Management Practices, the PAA would result in no cumulative adverse effects to the existing visual resources. The PAA has been designed to minimize the existing vegetative structure removal. However, views of the proposed lease expansion area from the lake will no longer be undisturbed after construction and installation of the proposed features. Table 6 presents a comparison of potential impacts to the social and natural environment.

Table 6 IMPACT SUMMARY Minimal Significant Mitigation Beneficial No Adverse Adverse Adverse Measure(s) Impact Impact Impact Impact Impact Proposed Land Use  Social Environment  Economic Environment  Aesthetics  Environmental Justice 

Protection of  Children Soils  Temporary

Farmland 

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Table 6 IMPACT SUMMARY Minimal Significant Mitigation Beneficial No Adverse Adverse Adverse Measure(s) Impact Impact Impact Impact Impact Proposed

Floodplains 

Wetlands 

Surface Water 

Groundwater  Vegetation   Fish and Wildlife  Threatened and Endangered  Species Cultural Resource  Air Quality 

Hat Mat 

Geology  Cumulative Impacts 

SECTION 5.0 COMPENSATORY MITIGATION PLAN

Mitigation is defined by CFR 1508.20 as:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments.

Mitigation measures to be implemented during construction and operation of the Proposed Action are summarized below.

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Water Quality Mitigation measures will be implemented as part of the design and construction of the PAA to reduce impacts resulting from stormwater runoff. The Bridgeview Resort and Marina will comply with all requirements of the Clean Water Act as required by the state Water Quality Certification (Section 401), the National Pollutant Discharge Elimination System (NPDES) as required by Section 402 and by obtaining and complying with all conditions of the Section 404 of the Clean Water Act permit.

Air Quality The Bridgeview Resort and Marina or their contractor will prepare a dust control plan to minimize fugitive dust generated from construction. These measures may include stabilization of expose earth with vegetation, mulch, pavement, or other cover as early as possible, application of stabilization agents such as water, covering of any stockpiled material, and the use of covered haul trucks. Dust control measures will effectively eliminate and or minimize dust during construction activities. Vegetation Mitigation measures will be implemented to restore any affected environment to its original or natural state to the extent practicable. The identified BMP’s will be employed during all project phases. Vegetation removal would be required to construct the proposed action. Replacement of the affected vegetation is proposed and would be accomplished through installation of native herbaceous species providing the most benefit for wildlife, habitat, and aesthetics. A suggested planting ratio of native grass species to forbs should be 70% grasses and 30% forbs. The planting (seeding) rate would be determined based on the selected species and required aerial coverage. Depending on the seasonal timing of seeding, planting area slope, and topography, a light straw mulching (or mulch blankets) may be utilized to increase germination rates and disturbed soil stability. Additional compensatory mitigation measures are proposed to offset the expected temporary and/or permanent adverse impacts to fish, wildlife, and their habitat include:

1) Revegetation of exposed soil areas using native species; 2) Placement of silt fences, if practicable.

During all land disturbing activities, Best Management Practices (BMPs) would be followed to ensure sediment control. The sediment control devices are used primarily for the trapping of sediment as runoff leaves the area caused by storm water induced erosion. The intent would be to prevent accelerated erosion to the extent practicable. The BMPs would be designed specific to the site and maintained during the construction process. The temporary control devices will be removed after vegetation is established. Biological Resources Implementation of the following mitigation measure would ensure that the proposed action would avoid or minimize potential adverse effects to migratory birds and other birds of prey protected under the Migratory Bird Treaty Act (MBTA):

If construction begins during the nesting season for birds of prey and migratory birds (between February 1 and October 1), a preconstruction bird survey for nesting sites will be conducted within the project site no more than 14 days prior to commencement with construction activities. The qualified biologist will document and submit the results of the preconstruction survey in a letter to the USACE within 30 days following the survey. If no active nests or roosts are identified during the preconstruction survey, then no further mitigation is required.

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If any active nests are identified during the preconstruction survey within the project site, a buffer zone will be established around the nests. A qualified biologist will monitor nests weekly during construction to evaluate potential nesting disturbance by construction activities. The biologist will demarcate the buffer zone with construction tape or pin flags within 100 feet of the active nest and maintain the buffer zone until the end of the breeding season or until the young have fledged. Guidance from the USFWS will be requested if establishing a 100-foot buffer zone is impractical if the nestlings within the active nest appear disturbed.

Depending on the construction start date, a subsequent ABB survey may be required (during the active season) in advance of earth disturbance. The Bridgeview Resort will ensure a subsequent survey is conducted (if required) at the appropriate time to ensure compliance with the ESA for this species. Survey dates generally range between May 15 and September 15 but may vary depending on weather conditions and temperatures. If construction is proposed during the fall of 2017 or winter/early spring of 2018, an ABB survey would be conducted between July 28 and the close of the active season 2017 (mid-September). If construction will not commence until after May 15, 2017 or 2018, an ABB survey will be conducted at the beginning of the active season immediately in advance of construction if required.

Cultural Resources In the event of an inadvertent discovery of archaeological resources shall be subject to Section 106 of the National Historic Preservation Act as amended (36 CFR 800), the Native American Graves Protection and Repatriation Act (NAGPRA)(25 USC 3001 et seq.), and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa-mm). Specifically, procedures for post review discoveries without prior planning pursuant to 36 CFR 800.13 shall be followed. The purpose of the following mitigation measures is to minimize the potential adverse effect of construction activities to previously unknown archaeological or paleontological resources in the case of inadvertent discovery:

 All work within 50 feet of the potential archaeological find shall be halted until a professional archaeologist, or paleontologist if the find is of a paleontological nature, can assess the significance of the find.

 If any archaeological find is determined to be significant by the archaeologist, or paleontologist as appropriate, then representatives of the Tribe shall meet with the archaeologist, or paleontologist, to determine the appropriate course of action, including the development of a Treatment Plan, if necessary.

 All significant cultural or paleontological materials recovered shall be subject to scientific analysis, professional curation, and a report prepared by the professional archaeologist, or paleontologist, according to current professional standards.

 If human remains are discovered during ground-disturbing activities on Tribal lands, pursuant to NAGPRA, the Tribal Official and USACE representative shall be contacted immediately. No further disturbance shall occur until the Tribal Official and USACE representative have made the necessary findings as to the origin and disposition.

 If the remains are determined to be of Native American origin, the USACE representative shall notify a Most Likely Descendant (MLD). The MLD is responsible for recommending the appropriate disposition of the remains and any grave goods.

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Hazardous Materials The PAA would not result in the removal of any oil and gas wells or associated features. All removed materials will be disposed of in accordance with all regulations. Accidental spills of petroleum products or hazardous materials spills could occur during construction of the PAA. The Bridgeview Resort and Marina will require all contractors to report such accidental spills immediately upon notice of occurrence. The contractors will be made responsible for cleanup and/or removal of such spillage as well as contaminated soils, as deemed necessary by the Bridgeview Resort.

SECTION 6.0 AGENCY AND TRIBAL CONSULTATION Appropriate federal and state resource agencies were contacted to solicit views and provide input on the proposed project resources. Letters of solicitation sent to the various federal and state resource agencies are provided in Appendix A. Comments received with reference to the scoping letters are provided in Table 7.

Table 7 SUMMARY OF COMMENTS Ms. Jonna Polk, Project Leader U.S. Fish and Wildlife Service 9014 E. 21st Street Tulsa, Oklahoma 74129 Comment: Endangered Species Act Species List Species lists are not entirely based upon the current range of a species but may also take into consideration actions that affect a species that exists in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Please contact the designated FWS office if you have questions. Species identified for this proposed action include:

American Burying beetle (Nicrophorus americanus) Listing Status: Endangered

Least tern (Sterna antillarum) Listing Status: Endangered

Piping Plover (Charadrius melodus) Listing Status: Threatened

Whooping crane (Grus americana) Listing Status: Endangered Response: Comment noted. The ABB may be impacted by the proposed action. A presence/absence will be conducted before construction activities begin. Mr. Joe Custer, Lake Texoma Operations Lake Manager U.S. Army Corps of Engineers 351 Corps Road Denison, Texas 75020 Comment: No comment received Response: Mr. Gary O’Neill, State Conservationist Bridgeview Resort and Marina Expansion Project Eagle Environmental Consulting Marshall County, Oklahoma April 2018 36

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Table 7 SUMMARY OF COMMENTS USDA-NRCS 100 USDA, Suite 206 Stillwater, Oklahoma 74074 Comment: No comment Response: Jami McVeigh, District Conservationist Natural Resources Conservation Service Madill Service Center, 800 Cedar Drive Marshall, Oklahoma 73446 Comment: Initial review of the expansion area reveals there are no prime farmland soils located within the designated area. Response: Comment noted. Mr. J.D. Strong, Director Oklahoma Department of Wildlife Conservation PO. Box 53465 Oklahoma City, Oklahoma Comment: No comments received Response: Ms. Rhonda Smith, Regional NEPA Coordinator U.S. Environmental Protection Agency 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202

Comment: No comments received Response: Ms. Martha Penisten, General Council/Jon Roberts Oklahoma Department of Environmental Quality P.O. Box 1677 Oklahoma City, OK 7301

Comment: In response to your request, we have completed a general environmental review of the above referenced project. Based upon the current available information, we have no comments or objections. Response: Comment noted. Mr. Jeff Brents, Regional Manager Oklahoma Department of Environmental Quality 425 W University Blvd Durant, Oklahoma 74701 Comment: No comment received Response: Dr. Robert Brooks/Kary Stackelbeck Oklahoma Archeological Survey University of Oklahoma Norman, Oklahoma 73019

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Table 7 SUMMARY OF COMMENTS Comment: An archeological field inspection is considered necessary prior to construction in order to identify significant archeological resources that may exist in the project area.

A cultural resource report of investigations has been received by this agency on the above referenced project. This agency confirms the recommendations contained in the report. The review was conducted in cooperation with the State Historic Preservation Office, Oklahoma Historical Society. Response: A survey has been conducted and results are summarized in Section 4.4. Mr. Grant Ellis, District Manager/Audra Shelton Oklahoma Corporation Commission, District IV 1400 Hoppe Blvd, Suite D Ada, Oklahoma 74820 Comment: Attached is a map showing active and non-active wells around the area submitted for your project. Response: Comment noted. See Figure 5 of the environmental assessment. Mr. Andrew Commer U.S. Army Corps of Engineers 1645 S. 101st East Ave Tulsa, Oklahoma 74127

Comment:

Response: Comment noted. See Appendix C Mr. Brooks Tramell, Wetlands Program Coordinator Oklahoma Conservation Commission 2800 N Lincoln Blvd Oklahoma City, Oklahoma 73105

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Table 7 SUMMARY OF COMMENTS Comment:

Response: Commented noted. A wetland and waterway delineation was conducted for the proposed action and provided in Appendix C Ms. Julie Cunningham, Interim Executive Director Oklahoma Water Resources Board 3800 North Classen Blvd Oklahoma City, Oklahoma 73118 Comment: Marshall County does not participate in the National Flood Insurance Program. Response: Comment noted. Dr. Jeremy L Boak, Director Oklahoma Geological Survey University of Oklahoma 100 East Boyd Street N131 Norman, Oklahoma 73019 Comment: No comment received. Response: Ms. Kate Moore, Regional Archeologist Bureau of Indian Affairs Eastern Oklahoma Regional Office P.O. Box 8002 Muskogee, Oklahoma 74401 Comment: From the jurisdictional boundaries I have in front of me, I would definitely contact The Chickasaw Nation and The Osage Nation. The point of contacts for each of these groups in relation to Cultural Survey work would be:

Ms. Karen Brunso Chickasaw Nation Historic Preservation Officer P.O. Box 1548

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Table 7 SUMMARY OF COMMENTS Ada, Oklahoma 74821

Dr. Andrea A. Hunter Director & Tribal Historic Preservation Officer The Osage Nation 627 Grandview Ave Pawhuska, Oklahoma 74056

The point of contacts for each of these groups in relation to NEPA would be:

Governor William Anoatubby The Chickasaw Nation P.O. Box 1548 Ada, OK 74821

Principal Chief Geoffrey Standing Bear The Osage Nation P.O. Box 779 Pawhuska, OK 74056

When your project is ready to move on to the next step and you are able to determine whether Tribal lands are effected, the consultation process will go through our office and will require a 30-day response window based on the Section 106 procedures. If a cultural survey is determined necessary prior to work and an ARPA permit is required, that will also be processed through my office. I have cc'd the Division of Environmental and Cultural Resources Management Division Chief, Jeannine Hale in case there is anything that I may have forgotten and if you have questions that I may not be able to answer.

Response: Comment noted. Dr. William Andrews, Director U.S. Geological Survey Oklahoma Water Science 202 N.W. 66th Street, Building 7 Oklahoma City, Oklahoma 73116

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Table 7 SUMMARY OF COMMENTS Comment:

Response: Comment noted. Mr. Todd Fagin Oklahoma Biological Survey 111 E. Chesapeake Street Norman, Oklahoma 73019 Comment: We have reviewed occurrence information on federal and state threatened, endangered or candidate species, as well as non-regulatory rare species and ecological systems of importance currently in the Oklahoma Natural Heritage Inventory database for the following location you provided:

Sec. 24-T6SN-R6E and Sec. 19-T6S-R7E, Marshall County. We found no occurrences of relevant species within the vicinity of the project location as described. However, absence from our database does not preclude such species from occurring in the area. Response: Commented Noted. Mr. Mark Howery, Wildlife Biologist Oklahoma Department of Wildlife Conservation 2145 NE 36th Street

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Table 7 SUMMARY OF COMMENTS Norman Oklahoma 73111 Comment:

Response: Commented Note. An assessment concerning the proposed dockominiums is provided in Section 4.

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SECTION 7.0 REFERENCES

Cojeen, C, Cojeen. A and D. Boling. 2016. Report of the Archeological Survey of an Expansion of the Lease Boundaries of the Bridgeview Resort (135 Acres Surveyed) United States Army Corps of Engineers Administered Lands, Marshall County, Oklahoma. 36 p.

Curtis N.M. and W.E. Ham. 1979. Geomorphic Provinces of Oklahoma. In: Geology and Earth Resources of Oklahoma. Education Publication 1. Oklahoma Geological Survey.

Hart, D.L. 1974. Reconnaissance of the water resources of the Ardmore and Sherman Quadrangles, Southern Oklahoma. Oklahoma Geological Survey, Hydrologic Atlas, Sheets 3 and 4.

Huffman, G.G., et al. 1987. Geological Map of Marshall County, Oklahoma. Oklahoma Geological Survey Bulletin 142, Plate 1. Accessed on February 23, 2017 at https://ngmdb.usgs.gov/maps/mapview/. The National Geological Map Database.

Osborn, N.I. and R.H. Hardy. 1999. Statewide Groundwater Vulnerability Map of Oklahoma. Oklahoma Water Resources Board, Technical Report 99-1. Available online at http://www.owrb.ok.gov/studies/reports/gwvulnerability/entire-report.pdf

Oklahoma Climatologic Survey. 2017. Marshall County, Oklahoma Climate Summary. http://climate.ok.gov/index.php/climate/county_climate_by_county/marshall. Accessed on February 23, 2017.

Oklahoma Department of Environmental Quality Website. 2017. DEQ Data Viewer. http://deq.maps.arcgis.com/home/index.html. Accessed on February 23, 2017.

Oklahoma Department of Environmental Quality. 2014. The 303(d) list of Category 5 impaired waterbodies in Oklahoma. Accessed at http://www.deq.state.ok.us/WQDNew/305b_303d/index.html. Accessed on February 23, 2017.

Oklahoma Department of Environmental Quality. 2018. Lagoon Sewage Treatment Systems. Access at http://www.deq.state.ok.us/eclsnew/Fact%20Sheets%20ECLS/System%20Fact%20Sheets/La goon-.pdf

Oklahoma Employment and Security Commission. 2013. The Southern WIA Economic Report. Economic Research and Analysis Division. Accessed at https://www.ok.gov/oesc_web/documents/lmiwiaer10S.pdf

Oklahoma Geological Survey Website. 2017. Major Geological Provinces of Oklahoma. http://www.ou.edu/content/ogs/generalinterest.html Accessed on February 23, 2017.

Oklahoma Water Resources Board Website. 2017. Interactive Maps and GIS Data. http://www.owrb.ok.gov/maps/index.php. Accessed on February 23, 2017.

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United States Army Corps of Engineers. 1987. Wetland Delineation Manual, Wetlands Research Program Technical Report, Y-87-1

United States Army Corps of Engineers. 2017a. Lake Texoma Master Plan, Red River Basin, Bryan, Marshall, Johnston, and Love Counties, Oklahoma, Grayson and Cooke Counties, Texas.

United States Army Corps of Engineers. 2017b. Final Environmental Assessment for the Lake Texoma Master Plan, Red River Basin, Bryan, Marshall, Johnston, and Love Counties, Oklahoma and Grayson and Cooke Counties, Texas.

United States Environmental Protection Agency. 2017. Website. http://www.epa.gov/region6/water/swp/ssa/maps.htm

U.S. Department of Health and Human Resources Website. 2017. Income Ranges Associated with 2017 Poverty Guidelines. Assessed at https://www.acf.hhs.gov/occ/resource/income-ranges- associated-with-2017-poverty-guidelines.

U.S. Environmental Protection Agency Website. 2017. Green Book Map Downloaded. Accessed at https://www.epa.gov/green-book/green-book-map-download

United States Federal Emergency Management Administration Website. 2017. FEMA Flood Map Service Center. http://msc.fema.gov/portal. Accessed on February 23, 2017.

United States Department of Agriculture, Natural Resources Conservation Service. Web Soil Survey for Marshall County, Oklahoma. Available online at http://websoilsurvey.nrcs.usda.gov. Assessed on February 8, 2017.

U.S. National Park Service. 2017. National Wild and Scenic Rivers System List. https://www.rivers.gov/. Accessed on February 23, 2017.

U.S. National Park Service. 2017. Explore Designated Rivers Map. Access at: https://www.rivers.gov/oklahoma.php

U.S. Fish and Wildlife Service. 1985. Determination of the endangered and threatened status for the Piping Plover. Federal Register 50(238): 507020-34

U.S. Fish and Wildlife Service. 1985. Interior population of the Least Tern determined to be endangered. Federal Register 50: 21784-21792.

U.S. Fish and Wildlife Service. 1970. Determination of endangered status for the Whooping Crane. Federal Register 35: 8495.

United States Department of the Interior, U.S. Fish and Wildlife Service. IPAC http://www.fws.gov/southwest/es/oklahoma/sect7.htm#Species_in_OK, accessed 2/7/17.

Ward, Randy. 2017. Email and telephone correspondence by David Bednar with Randy Ward, TRPS Manager, Oklahoma Department of Environmental Quality on February 21, 2017.

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SECTION 8.0 LIST OF PREPARERS

Eagle Environmental Consulting

Steven Votaw, President. Steven Votaw has 29 years of experience in biological and ecological studies. Mr. Votaw is the President of Eagle Environmental Consulting, Inc. (18+ years) and has been the Project Manager on various environmental impact statements, environmental site assessments, biological resource evaluations, wetland delineations, and threatened and endangered species surveys. Mr. Votaw was previously a Senior Regulatory Project Manager (10 years) with the U.S. Army Corps of Engineers and Fisheries Technician with the Oklahoma Department of Wildlife Conservation (2 years). Mr. Votaw received a Bachelor of Science degree in Fisheries Management and Wildlife Biology from Northeastern Oklahoma State University with post-graduate work in environmental science.

David M. Bednar Jr., NEPA Coordinator. David M. Bednar, Jr. has 29 years of multidisciplinary environmental experience focusing on National Environmental Policy Act (NEPA) documentation (EIS, EA and CE) for transportation, communications, and petroleum exploration projects. His experience involved NEPA related projects in the states of Arkansas, Louisiana, Mississippi, West Virginia, Texas, Virginia and Oklahoma. Additional experience includes Phase I environmental site assessments, American Burying Beetle surveys, traffic noise modeling, wetland delineations, groundwater dye tracing in karst terrain, and public outreach. Mr. Bednar received his Bachelor of Science degree in geology and his Master of Science degree in earth science from California University of Pennsylvania.

Jeff London, National Resource and GIS Specialist. Jeff London has years of experience in the environmental field. Mr. London was previously a Lake and Project Manager for the U.S. Army Corps of Engineers (32 years). Mr. London was responsible for managing the O&M, recreation, and natural resource programs. He also served as an outdoor recreation planner and project manager for District- wide recreation, environmental and interagency support programs. Additionally, he uses Geographic Information System (GIS) and CAD technology to analyze and display environmental features in support of biological and ecological studies and NEPA documentation. Mr. London received a Bachelor of Science degree in forestry from Oklahoma State University with postgraduate work in GIS.

Cojeen Archeological Services.

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SECTION 9.0

Table 8

APPLICABLE ENVIRONMENTAL LAWS AND REGULATIONS

Archeological and Historical Preservation Act 1974, 16 U.S.C. 469, et seq Clean Air Act, as amended 1990, 42 U.S.C. 7609, et seq Clean Water Act, as amended 1977, U.S.C. 1251, et seq Endangered Species Act, as amended 1973, 16 U.S.C. 1531, et seq Federal Water Project Recreation Act, as amended 1965, 16 U.S.C. 460-1-12, et seq Fish and Wildlife Coordination Act, as amended 1934, 16 U.S.C. 661, et seq Land and Water Conservation Fund Act, as amended 1965, 16 U.S.C. 661, et seq National Historic Preservation Act, as amended 1966, 16 U.S.C. 470a, et seq National Environmental Policy Act, as amended 1969, 42 U.S.C. 4321, et seq Native American Graves Protection & Repatriation Act 1990, 25 U.S.C. 3001-13, et seq Rivers and Harbors Act 1899, 33 U.S.C. 401, et seq Watershed Protection and Flood Prevention Act 1954, 16 U.S.C. 1001, et seq Floodplain Management 1977, Executive Order 11988 Protection of Wetlands 1977, Executive Order 11990 Environmental Justice 1994, Executive Order 12898 Environmental Health and Safety Risks 1997, Executive Order 13045 Federal Facilities on Historic Properties 1996, Executive Order 13006 Accommodation of Native American Sacred Sites 1996, Executive Order 13007 Farmland Protection Policy Act 1981, 7 U.S.C. 4201, et seq National Invasive Species Act 1966, 16 U.S.C. 4701, et seq Invasive Species 1999, Executive Order 13112 Non-indigenous Aquatic Nuisance Species Prevention 1990, 16 U.S.C. 4701, et seq and Control Act Water Resources Planning Act 1965 Recreational Fisheries Executive Order 12962 Protection of Migratory Birds Executive Order 13186

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