Big and Little Darby Creeks, Ohio S Wild and Scenic River Evaluation and Environmental Assessment
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r P-z 2 1 F,•k ,% n NPs Ariss BIG AND LITTLE DARBY CREEKS, OHIO S WILD AND SCENIC RIVER EVALUATION AND ENVIRONMENTAL ASSESSMENT Draft Findings Regarding the State of Ohio's Application for Designation of the Big and Little Darby Creeks into the National Wild and Scenic Rivers System Under Section 2(a)(ii) of the Wild and Scenic Rivers Act Rivers, Trails, and Conservation Programs National Park Service Midwest Regional Office Omaha, Nebrasksa May 1993 FLEASE RETURN TO. TECHNICAL INFC^MATI^N CENTER CENVER SERVICE CENTER NATIONAL PARK SERVICE ^4'^ Cyda^^u 1171-2G03 • • BIG AND LITTLE DARBY CREEKS WILD AND SCENIC RIVER EVALUATION AND ENVIRONMENTAL ASSESSMENT • w • • qy For further information contact: Angela M. Tomes Division of Planning and Environmental Quality National Park Service 1709 Jackson Street Omaha, Nebraska 68102-2571 Telephone: (402) 221-3481 Fax: (402) 221-2465 is 6 TABLE OF CONTENTS • s. Introduction ....................................................... 1 Purpose ..................................................... 1 Structure of this Report .......................................... 1 The Wild & Scenic Rivers Act and Designation Process ................... 2 0 Darby Creek Segments Proposed for Designation ........................ 3 Map of the Darby Creek Watershed .................................. 4 State Designation and Management Requirements ............................. 5 State Scenic River Designation ..................................... 5 State/Local River Management Responsibility ......................... 6 0 Darby Creeks Protection Plan ........................................... 7 Recommendations .............................................. 7 Plan Implementation ............................................ 8 Evaluation of Eligibility and Classification .............................. 9 • Introductions .................................................. 9 Eligibility Findings ............................................ 10 Upper Big Darby Creek .................................... 11 Lower Big Darby Creek .................................... 12 10 Little Darby Creek ....................................... 12 Classification Findings .......................................... 13 • Upper Big Darby Creek .................................... 13 Lower Big Darby Creek .................................... 14 Little Darby Creek ....................................... 14 Conclusion .................................................. 14 Evaluation of Resource Protection and Management .......................... 15 Introduction ................................................. 15 Methodology ................................................. 15 Protection Mechanisms .......................................... 16 Laws and Regulations ...................................... 16 Table IA: Big Darby Protection .............................. 17 Table 1B : Little Darby & Incorp. Areas Protection ................. 18 Public and Private Conservation Lands ......................... 21 Physical Limitations to Development ........................... 22 Summary .............................................. 22 Management Framework ....................................... 22 Prospects for Continued Protection ................................. 25 0 Conclusion ................................................... 25 is 0 Support for Designation • ' ............................................ 26 Local Governments 26 t State Government ............................................. 26 Private Organizations .......................................... 27 Environmental Assessment ............................................ 28 Introduction ................................................. 28 Alternatives Evaluated .......................................... 28 r Environmental Impacts of the Alternatives ............................ 29 Impacts of Alternatives on Natural Resources ..................... 29 Impacts of Alternatives on Recreational Resources .................. 31 Impacts of Alternatives on Cultural Resources .................... 31 Impacts of Alternatives on Socioeconomic Values .................. 32 Evaluation of Alternatives ....................................... 33 N Conclusions and Recommendations ...................................... 34 Designation .................................................. 34 Classification ................................................ 34 River Management ............................................. 34 List of Documents, Persons, and Agencies Consulted .......................... 37 Report Preparers and Distribution List ..................................... 39 • Appendix A - Procedures and Criteria for Designating State-Administered Rivers ..... 40 r INTRODUCTION PURPOSE In October of 1990, Governor Richard F. Celeste of the State of Ohio petitioned the Secretary of the Interior to designate the Big and Little Darby Creeks under section 2(a)(ii) of the national Wild and Scenic Rivers Act. The 1990 application did not contain all the necessary information needed to make an evaluation; a revised application was submitted to the National Park Service (NPS) in February of 1992. This report assesses the extent to which the Darby Creeks meet designation requirements; it also describes the potential environmental impacts attributable to the designation of the Darby Creeks as a component of the National Wild and Scenic Rivers System. For a river to qualify under Section 2(a)(ii) four requirements must be met: 1) the river must have been designated as a component of the state's wild, scenic, or recreational river system by or pursuant to an act of the state legislature; • 2) it must be administered by an agency or political subdivision of the state; 3) it must meet the eligibility criteria required of all national wild and scenic rivers, • i.e. it must be free-flowing and possess one or more outstandingly remarkable resource values; and • 4) there must be effective mechanisms in place to provide for long-term protection of its outstanding resources. In addition, before the Secretary of the Interior can take action, a proposal must be evaluated for potential impacts as required by the National Environmental Policy Act (NEPA) and both the proposal and the NEPA document must be circulated for appropriate federal agency review. STRUCTURE OF THIS REPORT VP The introductory section provides a description of the segments proposed for designation and a summary of the national wild and scenic river designation process. In the second section, state actions leading to the Governor's request for administrative designation are evaluated to ensure compliance with requirements for administratively-designated rivers. The third section provides a summary of the Plan upon which the request to designate the river is based. The creeks' eligibility for designation into the national system, which is based on an 1 0 • evaluation of the creek's free-flowing condition and the existence of one or more outstanding river-related resource values within the river corridor, is assessed in the fourth section. This section also contains recommendations for the river segment classifications (wild, scenic, or recreational) which should be used if the creeks are designated. The fifth section evaluates the resource protection and management of the creek's outstanding resources and determines whether they have been provided adequate long-term protection. The sixth section consists of a synopsis of governmental and non-governmental organization's support in seeking national wild and scenic river designation. In the seventh section, the environmental impacts of national designation are compared to the impacts of the "no action" alternative. The eighth section concludes the report with the National Park Services recommendations whether the creek meets the eligibility criteria and protection requirements and whether designation would have a significant environmental impact. THE WILD & SCENIC RIVERS ACT AND DESIGNATION PROCESS The Wild and Scenic Rivers Act (P.L. 90-542 as amended), authorized in 1968, was intended to protect certain free-flowing rivers with oustanding resources in their natural condition for the use and enjoyment of present and future generations, and to balance the nation's water resource development policies with a river conservation and recreation policy. Designated rivers receive protection from new hydropower projects and from federally-assisted water • resource projects (including projects funded, licensed, or sponsored by the federal government) which would alter the ever s free-flowing condition or nave a direct and adverse effect on the river's outstanding resources. i The Act established two alternative processes by which rivers can be designated as components of the National Wild and Scenic Rivers System. One is through Congressional action, whereby section 3(a) of the Act is amended to include the newly-designated river segment(s). This legislative route is usually followed for rivers on federal land, including those- which have been the subject of Congressionally-authorized studies conducted by a federal agency such as the Bureau of Land Management or the Forest Service. Congressional action has also brought rivers surrounded by mostly privately-owned lands into the National Wild and Scenic Rivers system; most of these rivers have had Congressionally-authorized studies conducted prior to designation. 0 Rivers can also be designated by administrative action taken by the Secretary of the Interior. Section 2(a)(ii)