Niagara Power Project FERC No. 2216

 

ASSESSMENT OF THE POTENTIAL EFFECTS OF WATER LEVEL AND FLOW FLUCTUATIONS

AND LAND MANAGEMENT PRACTICES ON RARE, THREATENED, AND ENDANGERED SPECIES

AND SIGNIFICANT OCCURRENCES OF NATURAL COMMUNITIES AT THE NIAGARA POWER PROJECT

 

HTML Format.  Text only

 

Prepared for: New York Power Authority 

Prepared by:  Riveredge Associates, LLC

 

August 2005

 

___________________________________________________

 

Copyright © 2005 New York Power Authority

 

 

1.0                   EXECUTIVE SUMMARY

Purpose of Study

The Niagara Power Project in Lewiston, Niagara County, New York, is one of the largest non-federal hydroelectric facilities in North America.  In 1957, a 50-year license for operation of the Project was issued by the Federal Power Commission (now the Federal Energy Regulatory Commission, or FERC) to the Power Authority of the State of New York (now the New York Power Authority, or NYPA).  The Project first produced electricity in 1961.  The operating license for the Project expires in August 2007 and NYPA has begun the relicensing process.  As part of the relicensing process, NYPA is required to investigate the potential effects of water level and flow fluctuations and land management practices on species listed as threatened (T) or endangered (E) by the United States Fish and Wildlife Service (USFWS) or the New York State Department of Environmental Conservation (NYSDEC). 

Study Parameters

NYPA, through URS Corporation, contracted Riveredge Associates to conduct this investigation to determine the potential effects of water level and flow fluctuations and land management practices on species listed as threatened of endangered.  Riveredge Associates updated records of federal and state rare, threatened, and endangered (RTE) species and significant occurrences of natural communities on lands and waters associated with the Niagara Power Project, and performed a literature-based assessment of the potential effects of water level and flow fluctuations and land management practices on these species and communities.  All species known to occur in or near the investigation area that are currently designated T or E by NYSDEC or USFWS were included in this analysis.  In addition, those species designated as special concern (SC) or rare (R) by NYSDEC are also included in this analysis.  Some unprotected (U) species and significant occurrences of natural communities were included in this analysis because they are unusually rare, declining, or exceptionally important or unique to the local ecology.  Unprotected species and natural communities found in the investigation area considered in this analysis include five significant natural communities, one plant, and all extant occurrences of freshwater mussels.

Factors related to water that could affect RTE species and significant occurrences of natural communities include fluctuations in water level and flow; entrainment; sedimentation; and erosion.  Water level and flow fluctuations in both the upper and lower Niagara River are caused by a number of factors in addition to the operation of the Niagara Power Project.  These include water withdrawals for the production of electricity by NYPA and Ontario Power Generation (OPG), flow variations from Lake Erie, regional and long-term precipitation patterns that affect lake levels, control of Niagara Falls flow for scenic purposes, the backwater effect from Lake Ontario, wind effects, boat wakes, and other natural and anthropogenic factors.  Analysis of water level gauge data from 1991 to 2001 revealed that it is not possible to accurately determine the extent of water level and flow fluctuation attributable to each factor.  For this study, the analysis of potential effects was conducted by considering all causal factors of water level and flow fluctuations combined in the investigation area.  Water level fluctuations in the upper Niagara River from all causes are normally less than 1.5 feet per day.  Water level fluctuations in the lower river near the Falls may be as much as 12 feet per day.  Near Lewiston, 1.4 miles downstream of the Project, average daily water level fluctuations are 1.5 feet per day.

Land management and maintenance activities include day-to-day Project operations that are performed by NYPA and occur on NYPA-owned lands and are directly related to the production or distribution of electricity, as well as other activities that are not performed by NYPA but nevertheless occur on NYPA-owned lands, such as public recreation or land management activities conducted by other agencies in public parks or along public roadways.  Most NYPA-owned lands where day-to-day Project operations linked to electricity generation occur are in the area of the Project structures and buildings, including the forebay, the switchyard, and the Lewiston Reservoir.  In these areas, land management and maintenance activities include building and grounds maintenance; road and parking lot maintenance; switchyard, reservoir and forebay maintenance; and the maintenance of power-line right-of-ways.  Land management and maintenance activities related to recreation and other public uses of Project lands include the building and maintenance of recreational trails, landscaping public park areas, and the effects of the public’s use of these trails and parks.  Maintenance activities on NYPA-owned lands are conducted by NYPA, as well as by Niagara Mohawk (NIMO), the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP), the City of Niagara Falls, and others.

In general, factors that may significantly affect RTE species in the investigation area that are not related to Project operations are not specifically discussed in this report   For example, the effects of contaminants or botulism poisoning may be significant factors in the decline of native mussels, lake sturgeon and some birds, but these factors are not directly related to water level and flow fluctuations or NYPA land management practices and are not considered in detail in this report.

Findings

Forty-nine extant RTE species and significant natural communities are found in the investigation area.  These include 23 species currently listed as threatened and endangered, eight species listed as special concern, and 18 species or significant natural communities that are unprotected but inventoried by the New York Natural Heritage Program (NYNHP).  Taxonomically, these 49 species and communities include five significant natural communities, 14 plants, three native mussels, one crayfish, seven fish, one amphibian and 18 birds.

A geographic information system (GIS) analysis was used to compare the occurrence records of these RTE species and significant occurrences of natural communities to the portions of the investigation area influenced by water level and flow fluctuations and NYPA land management practices.  To determine where areas of potential Project effects might occur, documented occurrences of RTE species and significant occurrences of natural communities were compared with GIS coverages of NYPA-owned lands and land management and maintenance activities and with water level and flow data from permanent and temporary gauges established in the upper and lower river.  A literature search was conducted to determine the potential effects of water level and flow fluctuations or land management practices on the natural history or habitat requirements of each RTE species or community in the investigation area.

Of the 23 extant threatened and endangered (T&E) species, twelve occur in areas subject to water level and flow fluctuations or land management activities on NYPA lands and could be affected by them.  These T&E species include seven plants (Aster oolentangiensis, Carex garberi, Gentianopsis procera, Iris virginica var shrevei, Liatris cylindracea, Pellaea glabella, and Solidago ohioensis), one fish (lake sturgeon) and four birds (bald eagle, common tern, least bittern, and pied-billed grebe).  Three of these species are plants that occur on NYPA-owned lands, while the other species occur in areas not owned by NYPA but could be affected by water level and flow fluctuations or land management practices.  One additional threatened plant species, Solidago ohioensis, occurs along the shoreline of the Niagara River, but the extent of its occurrence has not been fully determined and the degree to which it could be affected by water level and flow fluctuations is unknown.

Of the unprotected species and communities examined in this assessment, portions of three significant occurrences of natural communities (deep emergent marsh, calcareous cliff, and calcareous talus slope woodland) and three species of extant native mussels (fragile papershell, round pigtoe, pink heelsplitter) occur in areas subject to water level and flow fluctuations or land management activities on NYPA lands.

T&E species that are known to occur in the investigation area but not in areas subject to water level and flow fluctuations or NYPA land management practices include six species of plants (Agastache nepetoides, Asimina triloba, Carya laciniosa, Lysimachia quadriflora, Solidago rigida, Zigadenus elegans ssp glaucus) and five species of birds (short-eared owl, upland sandpiper, northern harrier, sedge wren, peregrine falcon).  No species listed as SC or R occur in areas potentially affected by water level and flow fluctuations or NYPA land management practices.  SC or R species include one amphibian (Jefferson/blue-spotted salamander) and seven birds (Cooper’s hawk, sharp-shinned hawk, grasshopper sparrow, common nighthawk, horned lark, red-headed woodpecker, golden-winged warbler).

Two species of birds, bald eagle and common tern, forage along the upper Niagara River in areas of water level fluctuations but do not nest in areas that could be affected by these fluctuations.  In addition, peregrine falcons forage in the lower river gorge.  Eagles are only present on the Niagara River in winter and do not nest in the investigation area.  Terns nest on cement and steel structures, and peregrine falcons nest on the cliffs near the falls; areas that are well above the influence of water level fluctuations and away from land management practices on NYPA lands.  Since water level fluctuations and land management practices on NYPA lands are not known to affect the foraging and/or nesting of these species, they were not considered further in this analysis.

Two wetland breeding birds, pied-billed grebe and least bittern, nest in or near Buckhorn marsh where water level fluctuations occur.  NYSDEC field surveys confirmed successful breeding of least bittern, and this study confirmed successful breeding by pied-billed grebe.  Least bitterns build their nests in cattails above the influence of water level fluctuations, but grebes build floating nests on the waters surface where water level fluctuations could lower their breeding productivity.  Rapid, steep, and frequent water level fluctuations such as those created by wind-generated waves and boat wakes likely have the greatest effect on nesting grebes.

In small rivers, sturgeon are known to move during spring and fall when river flows change by a factor of two or more.  This behavior has not been recorded in a few hydrosonically tagged sturgeon on the Niagara River, where overall flows are approximately 250 times greater than in smaller rivers and changes in flow much smaller.  Sturgeon spawning sites are not well documented in the Niagara River, but suspected lower river locations are at water depths well below the influence of water level fluctuations.  No spawning locations are known in the upper river, and historic sites are upstream of the Peace Bridge, outside the area influenced by project operations.  Because little is known about where sturgeon spawn in the Niagara River, the possibility remains that sturgeon could spawn in shallow areas or in areas where productivity might be affected by fluctuations in water level or flow, although this is unlikely.  Lake sturgeon are probably not affected by entrainment at the NYPA water intakes.  Fishery surveys involving netting, electrofishing and angler interviews have never recorded lake sturgeon in the Lewiston Reservoir.

Water level and flow fluctuations could affect the plants Gentianopsis procera (lesser fringed gentian), Carex garberi (elk sedge), and Solidago ohioensis (Ohio goldenrod) where they occur along the Niagara River shoreline, but probably do not affect the wetland plant Iris virginica var. shrevei (southern blueflag).  The gentian, sedge, and goldenrod occur in areas where exceptionally high water levels could wash them away.  The gentian and sedge occur in the upper river at Niagara Reservation State Park.  The gentian occurs near the brink of the Falls, and it also could be affected by changes in water availability from seeps or from Falls generated mist.  Both plants also occur in Whirlpool State Park, but not in areas close to the river.  The goldenrod occurs along steep slopes of the lower river where waves or boat wakes undercut the unstable bank.  The iris has been documented in Niagara River wetlands for over 100 years.  It is well adapted to diverse conditions and may be found in areas that range from damp soil to areas that are completely saturated or inundated.  Recent surveys suggest this plant is more common in the lower Great Lakes than previously recognized.  Other, more common plants associated with wetlands are less tolerant of changes in water levels, and the vegetative structure of wetlands commonly changes dynamically, especially at the interface of the wetland with the adjacent forest.  Changes such as these may be occurring in the deep emergent marsh natural community at Buckhorn Island State Park.

Field surveys for native mussels indicate the mainstem Niagara River is almost completely devoid of living native mussels, primarily due to the invasion of exotic zebra mussels.  However, native mussels still occur in good numbers in Grand Island tributaries, and these areas experience water level fluctuations of less than seven inches during the spring to fall (tourist season) period when mussels are active.  In contrast to zebra mussels, native mussels generally move or burrow in response to changes in water level, temperature, or dissolved oxygen, and tourist season water level fluctuations probably never strand native mussels in Grand Island tributaries.  In addition, these tributaries are not blocked to mussel host fish and the creek substrates probably never dry out or freeze during the winter.  If, however, mussels were stranded and exposed to high or low temperatures or even moderate temperatures for periods greater than 24 hours, they would likely be killed.  Mussels are sensitive to sedimentation, and sediment can smother native mussel beds.  On Grand Island, live native mussels were most commonly found in creeks with a coarse gravel bottom where ground water inflow was apparent.

Land management and maintenance activities that could affect RTE species and significant occurrences of natural communities include uncontrolled public recreation, landscaping and mowing, and the application of salt and sand on roads during winter.  Most of the areas where these land management activities have the potential to affect RTE species are on lands that are not owned by NYPA and where these land management activities are conducted by agencies other than NYPA.  However, the winter sanding and salting of the Project access road could introduce surface water, sand and salt to the portion of the calcareous talus slope woodland natural community adjacent to the Niagara Power Project.  On NYPA-owned lands, uncontrolled recreation could affect the plants Aster oolentangiensis (sky-blue aster), Liatris cylindracea (slender blazing-star), and Pellaea glabella (smooth cliff brake), as well as portions of the calcareous cliff and calcareous talus slope woodland natural communities.  The impacts of uncontrolled recreation include the picking, collecting, or trampling of plants, and soil compaction and erosion.  The greatest threats to native plants in the Niagara region are uncontrolled recreation, particularly in and near the Niagara Gorge, and the establishment and rapid growth of alien invasive species such as Lythrum salicaria (purple loosestrife), Phragmites australis (common reed), Rhamnus cathartica (common buckthorn), Lonicera tartarica (Tartarian honeysuckle), Alliaria petiolata (garlic mustard), and Acer platanoides (Norway maple).  In some cases, alien invasive species have been planted for landscaping purposes in parks on both sides of the gorge.

Conclusions

Of the forty-nine extant RTE species and significant occurrences of natural communities addressed in this study, 12 T&E species (seven plants, one fish, and four birds), three unprotected species of native mussels, and three significant occurrences of natural communities occur in areas influenced by water level and flow fluctuations or NYPA land management activities.  Of these, water level and flow fluctuations could affect the productivity of pied-billed grebe, the behavior and productivity of lake sturgeon, the sites of occurrence of two plant species, and the vegetative structure of the deep emergent marsh natural community at Buckhorn marsh.  Land management activities such as uncontrolled public recreation on NYPA-owned lands could affect three additional plant species and the calcareous cliff and calcareous talus slope woodland natural communities, and the winter sanding and salting of the Project access road could introduce surface water, sand and salt to portion of the calcareous talus slope woodland natural community adjacent to the road.

Most RTE species and significant occurrences of natural communities in the Niagara Falls area are concentrated in parks and public lands that are managed for public access and recreation by agencies other than NYPA.  The primary threats to these species and communities are related to the maintenance and use of these lands for public recreation, the growing number of alien invasive species found in the area, and the overall loss of suitable habitat due to development and the urban and industrial character of the investigation area.

 

2.0     INTRODUCTION

The Niagara Power Project in Lewiston, Niagara County, New York, is one of the largest non-federal hydroelectric facilities in North America.  It is constructed on the Niagara River, a 37-mile strait connecting Lakes Erie and Ontario, and which forms the boundary in this region between the United States and Canada.  In 1957, a 50-year license for operation of the Project was issued by the Federal Power Commission (now the Federal Energy Regulatory Commission, or FERC) to the Power Authority of the State of New York (now the New York Power Authority, or NYPA).  The Project first produced electricity in 1961.  The operating license for the Project expires in August 2007 and NYPA has begun the relicensing process.  As part of this process, NYPA is conducting a number of ecological, engineering, and other investigations in the Project vicinity.

In 2001, Riveredge Associates, LLC (Riveredge) contracted with NYPA to conduct literature reviews and field surveys for rare (including species of special concern (SC)), threatened, and endangered (RTE) species and significant occurrences of natural communities in the investigation area (Riveredge 2005a).  RTE species and significant occurrences of natural communities in the investigation area were determined through the review of New York Natural Heritage Program (NYNHP) inventory records (NYNHP 2001), original NYNHP field survey forms, published museum records, discussions with selected knowledgeable individuals in the region, and field surveys.  As part of that study, field surveys were conducted to confirm existing NYNHP records.  Field surveys for native mussels were conducted for a separate study (Riveredge 2005b).

These studies documented species listed as RTE by the New York State Department of Environmental Conservation (NYSDEC) in the investigation area.  One of these species, the bald eagle (Haliaeetus leucocephalus), is also listed as threatened by the United States Fish and Wildlife Service (USFWS).  These studies also documented a number of species and significant occurrences of natural communities on the New York Natural Heritage Program’s (NYNHP) active inventory list (NYNHP 2002).  Although these species and significant occurrences of natural communities are considered unprotected under New York law, they may be protected under other legislation such as the federal Migratory Bird Treaty Act.

Riveredge (2005a) noted that most RTE species and significant occurrences of natural communities known to occur in the investigation area are plants of the Niagara River gorge and Niagara escarpment, wetland birds found in Buckhorn Island State Park, grassland birds found at and near the Niagara Falls Air Reserve Station (NFARS), or species associated with the Niagara River and its tributaries.

In 2002, Riveredge was contracted to conduct a literature-based analysis of the potential effects of water level and flow fluctuations and land management practices on RTE species and significant occurrences of natural communities.  Where data were lacking, limited field surveys were conducted to gather new information on the distribution of some species and the potential effects of Niagara Power Project operations.  In particular, this analysis included field surveys for grassland birds and the monitoring of nests of the threatened pied-billed grebe (Podilymbus podiceps).

This report includes a description of the Niagara Power Project and water level and flow fluctuations (Section 2), methods (Section 3), results from a review of records on the occurrence of RTE species and significant occurrences of natural communities in the investigation area (Section 4.1), descriptions of these significant occurrences of natural communities (Section 4.2), natural history and habitat requirements of RTE species (Section 4.3), an overview of Project operations, and an assessment of the potential effects of water level and flow fluctuations and land management practices on these species and significant occurrences of natural communities in the investigation area (Section 5).

 

3.0     PROJECT DESCRIPTION AND OVERVIEW OF WATER LEVEL FLUCTUATIONS

The 1,880-MW (firm power output) Niagara Power Project is one of the largest non-federal hydroelectric facilities in North America.  The Project was licensed to the Power Authority of the State of New York (now the New York Power Authority) in 1957.  Construction of the Project began in 1958, and electricity was first produced in 1961.

The Project has several components, including water intakes, conduits, a forebay, a reservoir and two generating plants.  Twin water intakes on the Niagara River are located approximately 2.6 miles above Niagara Falls.  Water entering these intakes is routed around the Falls via two large underground conduits to a forebay, lying on an east-west axis about four miles downstream of the Falls.  The forebay is located on the east bank of the Niagara River.  At the west end of the forebay, between the forebay itself and the river, is the Robert Moses Niagara Power Plant, NYPA’s main generating plant at Niagara.  This plant has 13 turbines that generate electricity from water stored in the forebay.  Head is approximately 300 feet.  At the east end of the forebay is the Lewiston Pump Generating Plant.  Under non-peak-usage conditions (i.e., at night and on weekends), water is pumped from the forebay via the plant’s 12 pumps/generators into the Lewiston Reservoir, which lies east of the plant.  During peak usage conditions (i.e., daytime, Monday through Friday), the pumps are reversed for use as generators, and water is allowed to flow back through the plant, producing electricity.  The forebay, therefore, serves as headwater for the Robert Moses plant and tailwater from the Lewiston Plant.  South of the forebay is a switchyard, which serves as the electrical interface between the Project and its service area.

For purposes of generating electricity from the Niagara River, two seasons are recognized:  tourist season and non-tourist season.  By international treaty, at least 100,000 cubic feet per second (cfs) must be allowed to flow over Niagara Falls during tourist season (April 1-October 31) daytime hours, and at least 50,000 cfs at all other times.  Canada and the United States are entitled by treaty to produce hydroelectric power with the remainder.

According to a 1993 Directive of the International Niagara Board of Control (INBC), water level fluctuations in the Chippawa-Grass Island Pool (in the upper Niagara River, i.e., above Niagara Falls) are limited to 1.5 feet per day within a three foot range for normal conditions.  For extreme conditions (i.e. high flow, low flow, ice, etc.), the allowable range of Chippawa-Grass Island Pool water levels is extended to four feet.

NYPA has conducted a comprehensive study of water level and flow fluctuations at the Project (URS et al. 2005).  This investigation examined water level data from gauges in the upper and lower Niagara River for the past 12 years as well as data from a number of temporary gauges established in the upper and lower river during 2001 and 2002.

Water level fluctuations in both the upper and lower Niagara River are caused by a number of factors in addition to the operation of the Niagara Power Project.  These include wind, natural flow and ice conditions, regional and long-term precipitation patterns that affect lake levels, control of Niagara Falls flow for scenic purposes, operation of power plants on the Canadian side of the river, and the backwater effect from Lake Ontario.  Water level fluctuations in the upper Niagara River from all causes are normally less than 1.5 feet per day.

Daily water level fluctuations in the lower Niagara from all causes can be as great as 12 feet per day at the Ashland Avenue gauge, downstream of Niagara Falls.  Water level fluctuations downstream of the Niagara Power Project are much less.  The average daily water level fluctuation during the 2002 tourist season at the gauge SG-01A, located 1.4 miles downstream of the Robert Moses tailrace, is approximately 1.5 feet.  The daily fluctuations decrease progressively at the temporary gauges located further downstream.  At the most downstream temporary gauge, SG-04A, the average daily fluctuation during the tourist season was 0.6 feet.  From the data collected, it appears that manmade regulation for Treaty flows and Canadian and U.S. hydroelectric generation have an effect on water levels and flows in the lower Niagara River to its mouth at Lake Ontario.

Operation of the Niagara Power Project can result in water level fluctuations in the Lewiston Reservoir of 3 to 18 feet per day, and approximately 11 to 36 feet per week depending on the season and river flows.  Weekly drawdowns are typically greater (21 to 36 feet per week) during the tourist season, when NYPA’s allocated share of water for power generation is reduced during daytime hours to provide higher Falls flow for scenic purposes.  During the non-tourist season, weekly drawdowns range from 11 to 30 feet.  Storage in the Lewiston Reservoir is used to generate power to meet daily peak energy demands.

 

4.0     METHODS

4.1         Investigation Area

The investigation area for this study includes lands within New York State adjacent to the Niagara River, the Niagara River proper, and tributaries of the river (within New York State) from just upstream of the southern tip of Grand Island downstream to the river mouth at Lake Ontario, as well as all NYPA-owned lands near the Project facilities, forebay, and reservoir.  The extent of this investigation area was determined through engineering analysis that revealed the upstream and downstream limits of hydroelectric project (both U.S. and Canadian) contribution to water level and flow fluctuations in the upper and lower Niagara River.  In addition, this investigation area encompasses land management activities on NYPA lands.  At the time this study was conducted, this defined investigation area was thought to fully encompass the area of hydroelectric project influence and contribution to water level and flow fluctuations.   However, subsequent analysis by URS Corporation and others has revealed that the backwater effect caused by U.S. and Canadian power generation influences water levels between Frenchman’s Creek and the Peace Bridge in the mainstem, and further upstream in several creeks than originally thought.  Therefore, additional work similar to this study may need to be conducted to determine the potential presence of RTE species and significant occurrences of natural communities in these areas, and whether they are affected by water level and flow fluctuations and land management practices.

4.2         Occurrence Records for the Investigation Area

4.2.1        Sources

The occurrences of RTE species and natural communities in the investigation area during 2001 and 2002 were documented through a literature review and limited field surveys (Riveredge 2005a, Riveredge 2005b).  The species and significant occurrences of natural communities present in the investigation area were determined through a review of NYNHP inventory records (NYNHP 2001), original NYNHP field survey forms, NYNHP reports (Evans et al. 2001a, 2001b, 2001c) published museum records, discussions with selected knowledgeable individuals in the region, Christmas bird counts (BirdSource 2003), and field surveys.  In addition, field surveys were conducted for RTE grassland birds, native mussels (Riveredge 2005b), and to confirm successful breeding by the pied-billed grebe.

In addition to the 2001 data provided by NYNHP (2001), an updated data set provided by NYNHP (2003a) was reviewed for the preparation of this report.

4.2.2        Changes

Because of changes in the NYNHP Rare Plant Status List (NYNHP 2003b) and changes in species identifications made by NYSDEC, the species included in this report differ from the previous report (Riveredge 2005a).  Records of four plants (Poa sylvestris, Physocarpus opulifolius, Cornus drummondii, and Lithospermum caroliniense var croceum) and one fish (black redhorse, Moxostoma duquensnei) are no longer considered valid due to the misidentifications of the specimens or to changes in the taxonomic classification of the species (NYNHP 2003a).  Additional changes include the update of existing records or the addition of new records that were either already known to Riveredge Associates (2005a), were historical in nature, or that do not occur in the investigation area.

Records of three plant species, Poa sylvestris, Cornus drummondii, and Lithospermum caroliniense var croceum, were apparently based on misidentifications of the original specimens.  These species are not known to occur in the investigation area.  The plant Physocarpus opulifolius var intermedius was considered a state-listed endangered species in 2001.  In 2002, NYNHP removed this species from the list based on new taxonomic information.  The plant is now considered a synonym of the common Physocarpus opulifolius.  Another change in the NYNHP Rare Plant Status List (NYNHP 2003b) is the addition of the oak Quercus shumardii.  This addition was anticipated however, and this plant was included in Riveredge Associates (2005a).  Finally, the record of the fish, black redhorse, reported to occur in the Niagara River in the previous report, was reexamined by NYSDEC and the specimen was identified as a different species of redhorse.  The black redhorse is not known to occur in the Niagara River.

4.2.3        Extant RTE Species and Significant Occurrences of Natural Communities

Of the species currently documented in the investigation area, 23 are extant and are listed as threatened or endangered by NYSDEC (Table 3.2.3-1).  One of these species, the bald eagle is also listed as threatened by the United States Fish and Wildlife Service.  These 23 species include 13 plant, one fish, and nine bird species.  In addition, eight species of special concern and 18 unprotected species inventoried by NYNHP currently occur in the investigation area.  The special concern species include one amphibian and seven birds.  The unprotected species include one plant, three mussel species, one crayfish, six fish, and two bird species.  In addition to RTE species, the NYNHP database includes five significant occurrences of natural communities for the investigation area.

Riveredge (2005a) noted that most RTE species known to occur in the vicinity of the Niagara Power Project are plants of the Niagara River gorge and Niagara escarpment, wetland birds found in Buckhorn Island State Park, and grassland birds found at or near the Niagara Falls Air Reserve Station.  In addition, fish and some waterbirds are found in the Niagara River, and native mussels are found in its tributaries.

Because existing information on the occurrences of grassland birds and native mussels in the investigation area was lacking, field surveys were conducted for them during 2002 as part of this investigation.  Mussel surveys produced live specimens of three species, and these species are included in this report.  Complete information on the mussel surveys can be found in Riveredge Associates (2005b). The field surveys for grassland birds did not reveal the presence of any additional RTE bird species on or near NYPA-owned grassland habitats.  Four surveys were conducted at eight sites in May, June, and July, but no northern harriers (Circus cyaneus), upland sandpipers (Bartramia longicauda), or grasshopper sparrows (Ammodramus savannarum) were observed.

4.2.4        Location Information

Location information and details about RTE species occurrences are considered sensitive.  In accordance with the policies of NYNHP and the Endangered Species Unit of NYSDEC, this report contains no specific location information or details about the occurrence of RTE species in the investigation area.

4.3         Nomenclature

Species in this report are referred to by their scientific names, their common names, or both.  The use of scientific names and common names follows accepted usage.  Some taxa, especially among birds, fish, and amphibians, are primarily referred to by their common names.  Plants are primarily referred to by their scientific names.  For all species, both scientific and common names may be found in the tables contained in this report.

4.4         Literature Review of Natural History and Habitat Requirements

Literature searches were conducted to establish the natural history characteristics and habitat requirements of species known to occur in areas of Project operations.  Breeding bird atlases were consulted for New York and Ontario, as well as species dossiers from NYSDEC.  General references such as Scott and Crossman (1973) and DeGraaf and Rudis (1986) were consulted, as were specific references on the conservation of endangered species, such as Schneider and Pence (1992).  Detailed, technical literature was also reviewed, such as the species accounts of The Birds of North America volume produced by the Academy of Natural Sciences and The American Ornithologists Union (several references in this report are to articles in this 1996 volume).  In addition, sources with information specific to the Niagara region were reviewed.  Sections 4.2 and 4.3 present summaries of the natural history and habitat requirements for each of the species and natural communities that are known to occur in the investigation area as breeding summer residents, as winter residents, or as permanent components of the landscape, such as significant occurrences of natural communities.

4.5         Determination and Description of Legal Status

In New York, all plant and animal species that are federally listed are automatically included on NYSDEC’s lists of threatened and endangered species.  The RTE species laws in New York State consider plant and animal species according to different criteria and laws.  NYSDEC’s species lists are passed into law by the state legislature after a period of public comment.

For animals, endangered (E), threatened (T) and special concern (SC) species are defined and designated in Title 6 of the New York Code of Rules and Regulations (6 NYCRR) Part 182.