217 Chapter 11 Special Resources Introduction “Special resources” refers to a broad category of items that make the property and/or buildings unique. The property may be the habitat for an endangered reptile, or a building may have been the childhood home of a former presi‑ dent. It may be a special habitat for migrating birds, or it may have unique aesthetic qualities. Many of these resources are protected. Thus, land devel‑ opment is restricted by law. These restrictions could impact the plans for property development and defuse the developer’s intended use for the land. A special resources query is not typically required for a Phase I envi‑ ronmental site assessment. Many of the components are often included in a separate assessment, commonly referred to as an environmental impact statement (e.g., impact on an endangered species). However, some clients require an abbreviated review of special resources and the probability for impact on their property, especially if they are hoping to develop it. This generally applies to undeveloped land only. Although the impact of special resources is not as potentially costly, they can affect plans and potentially precipitate criminal or civil lawsuits. An investigator who is aware of the components and their potential impact will be better able to assist a client’s decision‑making process when discussing the scope of work, if the client plans to develop the property. With the aid of local agencies, the investigator can generally identify potential areas of concern. These agencies include the local planning depart‑ ment, the U.S. Army Corps of Engineers, the EPA, or any of the state or local regulatory arms for the EPA. A more in‑depth review of special resources may require a specialist. For example, the identication and quantication of the impact on the northern spotted owl will require the services of a biologist or an ornithologist. The investigator discovers the probability for an impact. The specialist claries and denes it. The topics discussed in this chapter are some of the more prevalent issues speculated on in Phase I site assessments. My intent is to introduce them, not to detail particulars. 7966.indb 217 10/19/07 6:50:59 AM © 2008 by Taylor & Francis Group, LLC 218 Environmental Site Assessment Phase I Threatened and Endangered Species 1–3 As of 1991, more than six hundred mammals, birds, reptiles, sh, mollusks, plants, and other life forms native to the United States were ofcially pro‑ tected as endangered or threatened. An “endangered” species is one that is in danger of extinction throughout all or a signicant portion of its range. A “threatened” species is one that is likely to become endangered within the foreseeable future. Both are protected. The Federal Endangered Species Act was passed into law in 1973. The purpose of this act was to protect certain species of plants, sh, and wildlife that are in danger of becoming extinct and to conserve the ecosystems on which these species depend. The Act specically prohibits the taking of any species listed by the federal government. The term “taking,” originally dened as harm or harassment of individ‑ uals of a protected species, has been broadened to include the prohibition of acts or activities that may harm the species indirectly by adversely affecting its habitat. The U.S. Fish and Wildlife Service, a division of the Department of the Interior, is charged with its enforcement. The initial step to comply with the Endangered Species Act is to deter‑ mine whether or not habitat for the species exists on the property. The Fish and Wildlife Service publishes habitat descriptions; if after reading them the investigator is reasonably certain this is not an issue for the property, plans may proceed without further delay. If, on the other hand, the investigator is uncertain, the Fish and Wildlife Service or a qualied biologist may be con‑ sulted. (See Figures 11.1 and 11.2.) The U.S. Fish and Wildlife Service can determine whether habitat for an endangered species exists on the property. To do so, however, they require the following documentation: Map showing the location of the property Size of the property Description of the area’s vegetation Recent aerial photograph, if available Ground photographs of the project area, if available Brief description of the planned activity Requesting party’s address and telephone number The habitat review may take six to eight weeks. Some reviews require a site visit, but the requesting party will be notied if that is necessary. Other wildlife will require an on‑site survey by a U.S. Fish and Wildlife biologist or a private consultant versed in the subject. If habitat is found on the property, the easiest direction is to prevent devel ‑ opment or other use of the land. However, the Act does provide some ex‑ ibility in regulating the “incidental taking” of a listed species. An incidental take is a taking of the species that is the result of an otherwise lawful activity. • • • • • • • 7966.indb 218 10/19/07 6:50:59 AM © 2008 by Taylor & Francis Group, LLC Special Resources 219 The take must not be the intended purpose of the action. Hence, the U.S. Fish and Wildlife Service may issue permits to individual property owners or regional entities for the incidental taking of a federally listed species. A habi‑ tat conservation plan must be developed and approved before such a permit can be issued. The habitat conservation plan must specify: The impact likely to result from the proposed incidental taking The steps that would be taken to monitor, minimize, and mitigate such impacts, and the funding available to implement such steps Alternative actions to the incidental taking that were considered and the reasons such alternatives are not being utilized Any other measures the U.S. Fish and Wildlife Service may deem nec‑ essary or appropriate Although it is possible to prepare such a plan for an individual tract of land, the process can be expensive and time consuming. Very few potential buyers opt to go this route. A buyer with plans to develop the land may decide to look elsewhere. Those who violate the Endangered Species Act face civil and criminal penalties. Individual violators may be ned up to $100,000 and/or sentenced to a year in jail, and organizations may be ned up to $200,000. Critical and Unique Habitat 1 The distinguishing difference between endangered species and critical and unique habitat is coverage. Whereas endangered species includes import and export concerns and a consideration for the actual endangerment of the species, the critical and unique habitat is directed toward protecting the environmental setting that is conducive to the survival of a species. Recovery of an endangered species requires stopping and reversing its decline and then ensuring its long‑term survival in nature. This generally requires habitat protection, research, captive breeding and reintroduction, or special wildlife and habitat management techniques. For example, the American bald eagle population was estimated to be fewer than four hundred nesting pairs in the 1960s. Protection of habitat, along with stricter law enforcement, reintroduction, public education, and a ban on the use of DDT in the United States reversed the dwindling numbers. In 1991, more than three thousand nesting pairs were counted. Another example is the whooping crane, which in the late 1940s was reduced to fewer than twenty birds in the whole world. However, a captive breeding ock has been managed since 1967, and the total number of whoop‑ ing cranes currently exceeds two hundred. The natural habitat for the crane is grassy marshlands and bogs, which had been replaced with croplands and cities. Although an attempt had been made to protect the whooping crane’s • • • • 7966.indb 219 10/19/07 6:51:00 AM © 2008 by Taylor & Francis Group, LLC 220 Environmental Site Assessment Phase I (Terscheck ex Walp.) Haage f. var. albertii L. Benson Neolloydia mariposensis (Hester) L. Benson Coryphantha minima Baird Echinocereus fendleri (Engelm.) F. Seitz var. kuenzleri (Castetter, Pierce & Schwerin) L. Benson Ancistrocactus tobuschii (W.T. Marsh.) W.T. Marsh. ex Backeberg 7966.indb 220 10/19/07 6:51:01 AM © 2008 by Taylor & Francis Group, LLC Special Resources 221 Figure 11.1 Threatened/endangered plant list for Texas. (Source: Texas Parks and Wildlife, January 31, 1992.) Coryphantha sneedii (Britt. & Rose) Berger Styrax texanus Cory 7966.indb 221 10/19/07 6:51:02 AM © 2008 by Taylor & Francis Group, LLC 222 Environmental Site Assessment Phase I Species Groups: Mammals Listing Status: Endangered, Threatened, Emergency Listing (Threatened), Emergency Listing (Endangered),Similarity of Appearance (Endangered), Similarity of Appearance (Threatened) Listed in the US Species Report Inverted Common Name Scientific Name Where Listed Listing Status Bat, gray Myotis grisescens - E Bat, Hawaiian hoary Lasiurus cinereus semotus - E Bat, Indiana Myotis sodalis - E Bat, lesser long-nosed Leptonycteris curasoae yerbabuenae - E Bat, little Mariana fruit Pteropus tokudae - E Bat, Mariana fruit (=Mariana flying fox) Pteropus mariannus mariannus entire range T Bat, Mexican long- nosed Leptonycteris nivalis - E Bat, Ozark big-eared Corynorhinus (=Plecotus) townsendii ingens - E Bat, Virginia big-eared Corynorhinus (=Plecotus) townsendii virginianus - E Bear, American black Ursus americanus U.S.A. (LA, all counties; MS, TX, only within the historic county range of the Louisiana black bear) SAT Bear, grizzly Ursus arctos horribilis U.S.A., conterminous (lower 48) States, except where listed as an experimental population or delisted T Bear, Louisiana black Ursus americanus luteolus - T Caribou, woodland Rangifer tarandus caribou U.S.A. (ID, WA), Canada (that part of S.E. British Columbia bounded by the U.S Can. border, Columbia R., Kootenay R., Kootenay L., and Kootenai R.) E Deer, Columbian white-tailed Odocoileus virginianus leucurus Columbia River (Clark, Cowliz, Pacific, Skamania, and Wahkiakum Counties, WA., and Clatsop, Columbia, and Multnomah Counties, OR.) E Deer, key Odocoileus virginianus clavium - E Ferret, black-footed Mustela nigripes Entire, except where listed as an experimental population below E Fox, San Joaquin kit Vulpes macrotis mutica - E Figure 11.2 Threatened/endangered animal list for Texas. Note that the list has global, state, and federal status for each entry. (Source: Texas Parks and Wildlife, Jan‑ uary 31, 1992.) Continued. 7966.indb 222 10/19/07 6:51:03 AM © 2008 by Taylor & Francis Group, LLC Special Resources 223 Fox, San Miguel Island Urocyon littoralis littoralis - E Fox, Santa Catalina Island Urocyon littoralis catalinae - E Fox, Santa Cruz Island Urocyon littoralis santacruzae - E Fox, Santa Rosa Island Urocyon littoralis santarosae - E Jaguar Panthera onca - E Jaguarundi, Gulf Coast Herpailurus (=Felis) yagouaroundi cacomitli - E Jaguarundi, Sinaloan Herpailurus (=Felis) yagouaroundi tolteca - E Kangaroo rat, Fresno Dipodomys nitratoides exilis - E Kangaroo rat, giant Dipodomys ingens - E Kangaroo rat, Morro Bay Dipodomys heermanni morroensis - E Kangaroo rat, San Bernardino Merriam's Dipodomys merriami parvus - E Kangaroo rat, Stephens' Dipodomys stephensi (incl. D. cascus) - E Kangaroo rat, Tipton Dipodomys nitratoides nitratoides - E Lion, Asiatic Panthera leo persica - E Lynx, Canada Lynx canadensis U.S.A. (CO, ID, ME, MI, MN, MT, NH, NY, OR, UT, VT, WA, WI, WY) T Manatee, West Indian Trichechus manatus - E Mountain beaver, Point Arena Aplodontia rufa nigra - E Mouse, Alabama beach Peromyscus polionotus ammobates - E Mouse, Anastasia Island beach Peromyscus polionotus phasma - E Mouse, Choctawhatchee beach Peromyscus polionotus allophrys - E Mouse, Key Largo cotton Peromyscus gossypinus allapaticola - E Mouse, Pacific pocket Perognathus longimembris pacificus - E Mouse, Perdido Key Peromyscus polionotus - E Figure 11.2—Continued. 7966.indb 223 10/19/07 6:51:05 AM © 2008 by Taylor & Francis Group, LLC 224 Environmental Site Assessment Phase I beach trissyllepsis Mouse, Preble's meadow jumping Zapus hudsonius preblei - T Mouse, salt marsh harvest Reithrodontomys raviventris - E Mouse, southeastern beach Peromyscus polionotus niveiventris - T Mouse, St. Andrew beach Peromyscus polionotus peninsularis - E Ocelot Leopardus (=Felis) pardalis - E Otter, Northern Sea Enhydra lutris kenyoni southwest Alaska DPS (Aleutian Islands, Alaska Peninsula coast, and Kodiak Archipelago) T Otter, southern sea Enhydra lutris nereis Entire, except where listed below T Panther, Florida Puma (=Felis) concolor coryi - E Prairie dog, Utah Cynomys parvidens - T Pronghorn, Sonoran Antilocapra americana sonoriensis - E Puma (=cougar), eastern Puma (=Felis) concolor couguar - E Puma (=mountain lion) Puma (=Felis) concolor (all subsp. except coryi) U.S.A. (FL) SAT Rabbit, Lower Keys marsh Sylvilagus palustris hefneri - E Rabbit, pygmy Brachylagus idahoensis Columbia Basin DPS E Rabbit, riparian brush Sylvilagus bachmani riparius - E Rice rat Oryzomys palustris natator Lower FL Keys (west of Seven Mile Bridge) E Sea-lion, Steller Eumetopias jubatus Entire, except the population segment west of 1440 W. Long T Sea-lion, Steller Eumetopias jubatus Population segment west of 1440 W. Long E Seal, Caribbean monk Monachus tropicalis - E Seal, Guadalupe fur Arctocephalus townsendi - T Seal, Hawaiian monk Monachus schauinslandi - E Sheep, bighorn Ovis canadensis U.S.A. (CA) Peninsular Ranges E Sheep, Sierra Nevada bighorn Ovis canadensis californiana U.S.A. (CA) Sierra Nevada E Shrew, Buena Vista Sorex ornatus relictus - E Figure 11.2—Continued. 7966.indb 224 10/19/07 6:51:06 AM © 2008 by Taylor & Francis Group, LLC Special Resources 225 Lake ornate Squirrel, Carolina northern flying Glaucomys sabrinus coloratus - E Squirrel, Delmarva Peninsula fox Sciurus niger cinereus Entire population, except Assawoman Wildlife Area in Sussex Co., DE E Squirrel, Mount Graham red Tamiasciurus hudsonicus grahamensis - E Squirrel, northern Idaho ground Spermophilus brunneus brunneus - T Squirrel, Virginia northern flying Glaucomys sabrinus fuscus - E Vole, Amargosa Microtus californicus scirpensis - E Vole, Florida salt marsh Microtus pennsylvanicus dukecampbelli - E Vole, Hualapai Mexican Microtus mexicanus hualpaiensis - E Whale, blue Balaenoptera musculus - E Whale, bowhead Balaena mysticetus - E Whale, finback Balaenoptera physalus - E Whale, humpback Megaptera novaeangliae - E Whale, right Balaena glacialis (incl. australis) - E Whale, Sei Balaenoptera borealis - E Whale, sperm Physeter catodon (=macrocephalus) - E Wolf, gray Canis lupus U.S.A., conterminous (lower 48) States, except MN and where listed as an experimental population; Mexico E Wolf, red Canis rufus Entire, except where listed as experimental populations below E Woodrat, Key Largo Neotoma floridana smalli - E Woodrat, riparian (=San Joaquin Valley) Neotoma fuscipes riparia - E Figure 11.2—Continued. 7966.indb 225 10/19/07 6:51:07 AM © 2008 by Taylor & Francis Group, LLC 226 Environmental Site Assessment Phase I wintering grounds along the gulf coast of Texas in the late 1960s, the nesting grounds also needed protection. Buildings and Structures of Historic Value 4–7 The National Historic Preservation Act of 1966 established the legal and administrative context within which local historic preservation commissions relate to, and participate in, the nation’s historic preservation program. The enactment was in response to public concern that many historic resources were not receiving adequate attention. Section 106 of the National Historic Preservation Act requires that federal agencies consider what effects their actions—and actions they may assist, permit, or license—may have on historic properties, and that they give the Advisory Council on Historic Preservation a “reasonable opportunity to comment” on such actions. The Advisory Council is an independent federal agency. Its role in the review process is to encourage agencies to consider and, when feasible, adopt measures that will preserve historic properties. They do not have the authority to require agencies to halt or abandon proj‑ ects, but they work in association with local and state governments to iden‑ tify and agree on ways to protect the properties of historic signicance. 8 The Tax Reform Act of 1986 permits the owners of historic buildings to receive a 20% income tax credit on the cost of rehabilitating industrial, com‑ mercial, or residential properties. The intent was to preserve the most impor‑ tant vestiges of our national heritage. 9 A nationally certied historic structure is one of the following: A structure individually listed in the National Register of Historic Places A structure certied by the National Park Service as contributing to a registered district The National Historic Preservation Act denes historic property as “any prehistoric or historic district, site, building, structure, or object, included in, or eligible for, inclusion in the National Register.” Properties may be nominated for inclusion under one of ve categories: district, site, building, structure, or object. Archaeological resources may fall under “sites.” (See Fig ‑ ures 11.3 and 11.4.) A National Register designation does not require that the owner provide public access, obligate the owner to maintain the property, or impose restric‑ tions regarding alterations or renovations to the property—unless either grant assistance or federal tax credits have been involved. It is up to the state and local governments to assess the property. State and local governments also register properties for their area of cover‑ age. The state historic preservation agency provides further guidance for area nominations. The requirements for listing a property and the incentives vary. • • 7966.indb 226 10/19/07 6:51:08 AM © 2008 by Taylor & Francis Group, LLC [...]... are rare and endangered species Wetlands are also croplands for blueberries, cranber‑ ries, and wild rice Many fish and shellfish are harvested from wetlands, and fur-bearers (e.g., mink) depend on wetlands Wetlands improve water quality by removing and retaining nutrients, processing chemical and organic wastes, and reducing sediment loads to receiving waters Wetlands serve as retaining tubs, storing... America’s Wetlands—Our Link between Land and Water [Bulletin], Fish and Wildlife Service, Washington, DC, p 6 Wetlands provide important fish and wildlife habitats, help improve water quality, reduce flood and storm damages, control shoreline erosion, and provide a vehicle for recreation and aesthetics They are critical to the survival of a wide variety of animals and plants, some of which are rare and endangered... responsibility for restoring and maintaining the chemical, physical, and bio‑ logical integrity of the nation’s water and protecting the wetland resources © 2008 by Taylor & Francis Group, LLC 7966.indb 229 10/19/07 6: 51:1 0 AM 230 Environmental Site Assessment Phase I To accomplish this, the EPA requires permits to regulate dredged discharges or fill material into many of the nation’s wetlands Activities for... common in Hawaii and southern Florida Inland wetlands are those that occur in the nation’s interior The more common locations are in floodplains, along rivers and streams, in isolated depressions surrounded by dry land, and along the edge of lakes and ponds Some may even exist as the upper edges of coastal marshes where saltwater influence terminates Inland wetlands include marshes and wet meadows dominated... Corps of Engineers This area is water bound less than two months a year Table 11. 2 Well‑Known Wetlands in the United States Pocosins of North Carolina Bogs and fens of the Northeastern and North Central states and Alaska Inland saline and alkaline marshes and riparian wetlands of the semiarid West Prairie potholes of Minnesota and the Dakotas Vernal pools of California Playa lakes of the Southwest Cypress‑gum... wetlands may appear to be ideal for a development, its use may be restricted or prohibited entirely If the proper channels are not followed, the EPA can impose fines Willful violations of the Act are felonies; negligent violations are misdemeanors © 2008 by Taylor & Francis Group, LLC 7966.indb 231 10/19/07 6: 51:1 1 AM 232 Environmental Site Assessment Phase I Table 11. 3 Originally Designated Wild and. .. categories are coastal and inland wetlands Coastal wetlands are those that are located along the United States’ coastal regions, where estuaries pour into the ocean, creating an environ‑ ment of varying salinities Certain grasses and grass-like, salt-loving plants have adapted to this rather difficult environment, creating coastal marshes They are particularly abundant along the Atlantic and Gulf coasts;... million acres of wetlands in the forty-eight states— less than half of what was available in the 1600s In the 1970s, there were an estimated 200 million acres of wetlands in Alaska and less than 100,000 acres in Hawaii, but no estimates are available for the losses since then (See Table 11. 1.) In the past, wetlands were considered by many to be wastelands—a breeding ground for mosquitoes and flies or a source... meadows dominated by grasses and herbs, shrub swamps, and wooded swamps dom‑ inated by trees (See Figure 11. 5 and Table 11. 2.) Following are some generalized characteristics that would indicate a strong probability that a given parcel of land will be considered a wetland by the U.S Army Corps of Engineers: • Area is located in a floodplain or otherwise has low spots in which water stands at, or above, the... isolated depressions Wetlands located between rivers and high ground provide a buffer zone against erosion Some states even recommend planting wetland vegetation to control shoreline erosion in coastal areas Many wetlands are used by hunters and fishermen They are a source of aesthetic beauty to the artist and provide popular sites for recreational activi‑ ties (e.g., hiking, boating, and swimming) Under . • Table 11. 2 Well‑Known Wetlands in the United States Pocosins of North Carolina Bogs and fens of the Northeastern and North Central states and Alaska Inland saline and alkaline marshes and riparian. some of which are rare and endangered species. Wetlands are also croplands for blueberries, cranber‑ ries, and wild rice. Many sh and shellsh are harvested from wetlands, and fur‑bearers (e.g.,. restoring and maintaining the chemical, physical, and bio‑ logical integrity of the nation’s water and protecting the wetland resources. Table 11. 1 Major Causes of Wetlands Loss and Degradation Human