WETLAND DELINEATION REPORTFOR THE

WARSAW WAL-MART SITE

TOWN OF WARSAW, WYOMING COUNTY,NEW YORK

Prepared for:

BERGMANN ASSOCIATES, P.C.28 East Main Street

200 First Federal PlazaRochester, New York 14614

Prepared by:

TERRESTRIAL ENVIRONMENTAL SPECIALISTS, INC.23 County Route 6, Suite APhoenix, New York 13135

December 2008

TABLE OF CONTENTS

Page

1.0 INTRODUCTION............................................................................................................ 1

2.0 AGENCY CONTACTS ................................................................................................... 1

3.0 BACKGROUND INFORMATION REVIEW.............................................................. 1

4.0 METHODS ....................................................................................................................... 1

5.0 RESULTS ......................................................................................................................... 35.1 Endangered and Threatened Species ........................................................................ 35.2 Site Description......................................................................................................... 35.3 Site Ecology.............................................................................................................. 45.4 Wetlands Descriptions .............................................................................................. 5

6.0 SUMMARY ...................................................................................................................... 6

7.0 REFERENCES................................................................................................................. 8

APPENDIX A - CorrespondenceAPPENDIX B - PhotographsAPPENDIX C - Field Data Sheets

LIST OF FIGURES

(all figures follow text)

Figure 1. Site Location

Figure 2. NYS Freshwater Wetlands Map

Figure 3. National Wetlands Inventory Map

Figure 4. Soil Survey Map

Figure 5. Stream Classification Map

Figure 6. Flood Insurance Rate Map

Figure 7. Aerial Photograph of Site

Figure 8. Wetland Location Map

Figure 9. Wetland Boundaries with Sample Plot and Photograph Locations

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1.0 INTRODUCTION

Terrestrial Environmental Specialists, Inc. (TES) was contracted by BergmannAssociates, P.C. to perform a wetland investigation on a property in the Town of Warsaw,Wyoming County, New York. The study area is approximately 27 acres in size and is locatedwest of NYS Route 19 and east of Oatka Creek. A Wal-Mart store expansion is proposed at thesite.

The TES wetland investigation consisted of a review of available backgroundinformation and a field delineation of wetlands and other regulated waters. This report addressesthe results of the background information review and the wetland delineation. A variety offigures are included with this report, along with photographs and field data sheets.

2.0 AGENCY CONTACTS

Conditions of wetland permitting and the State Environmental Quality Review (SEQR)require that endangered and threatened species be addressed. TES contacted the U.S. Fish andWildlife Service (USFWS) and the New York Natural Heritage Program (NHP) regarding theknown occurrences of federal and state-listed species on the site. Contact letters sent to theseagencies are provided in Appendix A.

3.0 BACKGROUND INFORMATION REVIEW

Prior to the field investigation at the site, TES assembled and reviewed availablebackground information. This information included:

• the New York State Department of Transportation (NYSDOT)Topographic map (Dale and Wyoming quadrangles) (Figure 1);

• the New York State Department of Environmental Conservation(NYSDEC) New York State Freshwater Wetlands map (Figure 2);

• the USFWS National Wetlands Inventory (NWI) map (Figure 3);• the U.S. Soil Conservation Service (USSCS) Soil Survey map (Figure 4);• the New York State Stream Classification Map (Figure 5);• the Federal Emergency Management Agency (FEMA) Flood Insurance

Rate Map (Figure 6); and• the 2005 aerial photograph obtained from the New York State GIS

Clearinghouse (Figure 7).

All figures are provided after the text.

4.0 METHODS

The agency resource information maps, soils descriptions, and the aerial photographdiscussed above were used during the field review of the site. These maps and informationassisted in the initial identification of potential wetland areas.

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TES performed a preliminary site review for Bergmann Associates, P.C. on August 31,2006 and identified potential wetlands and other water resources. Flagging of the wetlands onthe site and data collection along the boundaries were performed by TES on November 2, 2006,April 13, 2007, and July 2, 2008. The boundaries were delineated using the federal criteria forvegetation, soils, and hydrology (Environmental Laboratory 1987, Reed 1988, and USSCS1989).

Surveyor’s ribbons were placed along the wetland boundaries based on observations ofvegetation, soils, and hydrology conditions. These observations were made along transectslocated perpendicular to the wetland boundaries. Additional observations of vegetation, soils,and hydrology were made at intermediate locations between the transects for the placement ofadditional flagging. Each wetland flag was labeled with a letter identifier of the wetland and wasnumbered consecutively (for example, A-1, A-2, A-3, etc.). Bergmann Associates, P.C.surveyed the flagged wetland boundaries.

To further support the wetland boundaries, data on vegetation, soils, and hydrology werecollected during the field effort in plots along transects located perpendicular to the wetlandboundaries on the site. TES sampled 11 plots in and around the wetlands and in otherrepresentative areas of the site. Plots were generally located on the wetland and upland sides ofthe flagged wetland boundaries. The plot data was recorded on data sheets similar to those usedin the federal manual (Environmental Laboratory 1987).

Vegetation data were collected in all the plots. Ocular estimates of the percent arealcover by plant species for each vegetation layer (tree, shrub, and herbaceous layers) wererecorded. The plots varied in size by vegetation layer being sampled. The sizes were 30-footdiameter for the trees, 10-foot diameter for the shrubs, and 5-foot diameter for the herbaceouslayer.

The presence of wetland vegetation was determined when more than 50 percent of thedominant species in a sample plot had an indicator status of obligate (OBL), facultative-wet(FACW), or facultative (FAC+, FAC), excluding FAC-. The dominant species for each layer ina plot were determined by ranking the species in decreasing order of percent cover and recordingthose species which, when cumulatively totaled, immediately exceeded 50 percent of the totalcover of that layer. Additionally, any plant species that comprised 20 percent or more of thetotal cover for each layer was considered to be a dominant species.

Scientific nomenclature for plant species follows A Checklist of New York State Plants(Mitchell and Tucker 1997). The indicator status for each dominant plant species wasdetermined using the National List of Plants that Occur in Wetlands: Northeast (Region 1) (Reed1988) and the 1995 Supplement To the List Of Plant Species That Occur In Wetlands: Northeast(Region 1) (Tiner et al. 1995). For any species not included in the list, the indicator status wasdesignated using the Manual of Vascular Plants of Northeastern United States and AdjacentCanada (Gleason and Cronquist 1991), New Britton and Brown Illustrated Flora (Gleason1952), and Gray's Manual of Botany (Fernald 1950).

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Soil and hydrology data were collected in soil pits or soil borer holes to a minimum depthof 20 inches within each sample plot. Soil characteristics were noted along the soil profile at thedepth specified by the Corps criteria (Environmental Laboratory 1987). Procedures foridentifying hydric soils as outlined in the Field Indicators of Hydric Soils in the United States(USDA NRCS 1995) were also followed. Soil colors were determined by using the Munsellcolor chart. Primary and secondary indicators of hydrology were also noted at each sample plot.The wetland boundaries were refined on the basis of intermediate soil borer holes along eachtransect.

5.0 RESULTS

The following section of the report provides results of the work performed by TES for thesite.

5.1 Endangered and Threatened Species

The NHP responded to the TES information request and reported “We have no records ofknown occurrences of rare or state-listed animals or plants, significant natural communities, orother significant habitats, on or in the immediate vicinity of your site” (Appendix A).

The USFWS has not responded to the information request. Their website identifies thebald eagle (a delisted species) from Wyoming County (Appendix A). TES did not observe anybald eagles on the site. There were no eagle nests on the site and appropriate habitat for thisspecies is lacking.

On January 24, 2007, TES called Mr. Ken Roblee, a wildlife biologist at the NYSDECRegion 9 office, regarding the presence of bald eagle nests in the Town of Warsaw. Accordingto Mr. Roblee, there are no known records of nesting bald eagles in the town.

TES did not observe any state-listed endangered or threatened species of animals orplants or significant habitats on the site. No federal-listed endangered species were observed.

5.2 Site Description

The NYSDOT topographic map shows the site located west of NYS Route 19 and east ofOatka Creek (Figure 1). Elevations on the site are gently sloping and range from approximately1,000 feet above mean sea level (amsl) in the eastern portion of the site to approximately 970feet amsl in the western part of the site. Oatka Creek defines the western site boundary, and atributary to Oatka Creek occurs in the northern part of the site (Figure 1). Oatka Creekeventually enters the Genesee River near the Village of Scottsville in Monroe County.

The NYSDEC New York State Freshwater Wetlands map does not show any state-regulated wetlands on or adjacent to the site (Figure 2).

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According to the USFWS NWI map there is one mapped wetland on the site (Figure 3).This wetland is defined as a riverine, lower perennial, open water/unknown bottom, permanentlyflooded (RZOWH) wetland (Figure 3). This wetland is located along the Oatka Creek corridor.

The USSCS Soil Survey map shows three mapped soil types on the property, whichinclude: Canadice silty clay loam; Herkimer shaly silt loam, 3 to 8 percent slopes; and Teel siltloam (Figure 4). Canadice silty clay loam is recognized as a hydric soil type, and Teel silt loamis a soil with potential hydric inclusions (USSCS 1989).

The New York State Stream Classification map shows Oatka Creek and a tributary toOatka Creek on the site. Both are listed by the NYSDEC as Class C streams with C standards.Since they do not have standards of C(T) (trout) or higher, they are not state-protectedwaterbodies.

The FEMA Flood Insurance Rate Map indicates that much of the western half of the siteis located within the 100-year floodplain (Figure 6).

The 2005 aerial photograph shows that the site is composed of developed andundeveloped lands (Figure 7). The developed land on the site (existing Wal-Mart store) islocated in the eastern and central areas. Undeveloped land exists in the western portion of thesite.

5.3 Site Ecology

The site consists of developed land, open fields, deciduous forest upland, and wetlands.The developed area includes the Wal-Mart store, parking lot, roads, and lawn.

The open field occurs primarily between the Wal-Mart store and Oatka Creek and thetributary to Oatka Creek. These fields were dominated by red fescue (Festuca rubra), Canadagoldenrod (Solidago canadensis), comfrey (Symphytum officinale), rough goldenrod (Solidagorugosa), and common teasel (Dipsacus fullonum). Scattered shrubs of tartarian honeysuckle(Lonicera tatarica), multiflora rose (Rosa multiflora), gray dogwood (Cornus foemina ssp.racemosa), and pussy willow (Salix discolor) were also present.

Some areas of deciduous forest upland were noted along the stream edges and banks.Common species found in these areas included eastern cottonwood (Populus deltoides), boxelder (Acer negundo), black locust (Robinia pseudoacacia), Canada goldenrod, and grape (Vitislabrusca).

Three wetlands (Wetlands A, B, and C) were identified on the site during the field visiton November 2, 2006. A fourth area (Wetland D), was delineated on April 13, 2007 afterBergmann Associates determined that it is an excavated pond, not a detention pond. TESdelineated this pond again on July 2, 2008 These areas are described in detail in the followingsection of the report.

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5.4 Wetlands Descriptions

The four wetlands on the site are referred to as Wetlands A, B, C, and D. The boundarieswere flagged by TES with coded surveyor’s ribbon using the methods described in the Corps1987 Wetlands Delineation Manual. The delineated wetland boundaries are shown on Figure 8,and were surveyed by Bergmann Associates, P.C. The on-site wetlands total 6.07 acres.

Wetland sample plot and photograph locations are shown on Figure 9. Photographs andfield data sheets are provided in Appendix A and Appendix B.

Wetland A

Wetland A is an approximately 0.25-acre wet meadow located just south of the tributaryto Oatka Creek (Figure 8). This wetland receives water from the excavated pond and overflowfrom Oatka Creek and its tributary.

Common plants recorded in Wetland A included fowl bluegrass (Poa palustris), soft rush(Juncus effusus), and green bulrush (Scirpus atrovirens).

Hydric soil indicators in Wetland A included soils with low matrix chromas(redoximorphic features). Wetland hydrologic indicators included saturated soils and drainagepatterns in wetlands.

Water from Wetland A appears to drain periodically into the tributary to Oatka Creek.Therefore, it would be considered a Corps-jurisdictional wetland.

Wetland B

Wetland B is the area associated with the tributary to Oatka Creek. It is approximately0.25 acre in size (Figure 8). On the site, approximately 420 linear feet of stream is associatedwith Wetland B (Figure 9). Wetland B is dominated by deciduous forest wetland along thebanks of the stream.

Common plants recorded in Wetland B included eastern cottonwood, box elder trees andshrubs, comfrey, garlic mustard (Alliaria petiolata), grape, and trailing nightshade (Solanumdulcamara).

An aquic moisture regime was noted as the hydric soil indicator. Wetland hydrologicindicators include inundated and saturated soils, drift lines, and drainage patterns in wetlands.

Since water from Wetland B empties into Oatka Creek, it is considered to be a Corps-jurisdictional area.

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Wetland C

Wetland C is primarily the low-lying land that borders the east side of Oatka Creek. Thisarea is approximately 3.33 acres in size and includes the creek corridor and edges (Figure 8). Onthe site, approximately 1,830 linear feet of Oatka Creek is associated with Wetland C (Figure 9).

Common plants found in Wetland C included box elder, comfrey, and late goldenrod(Solidago gigantea). Other plants observed included reed canary grass (Phalaris arundinacea),red-osier dogwood (Cornus sericea), Joe-pye-weed (Eupatorium maculatum), and willow (Salixsp.) trees and shrubs.

Oatka Creek itself is a water of the U.S. and the wetlands along its edge have a number ofwetland soils and hydrologic indicators. Redoximorphic features along with sediment depositsand drainage patterns were recorded. Other indicators observed included aquic moistureregimes, inundated/saturated soils, drift lines, watermarks, and water-stained leaves.

Wetland D

Wetland D is an approximately 2.24-acre excavated pond located in the northeast portionof the site (Figure 8). This wetland receives water from surface runoff from adjacent lands to thesouth and east.

Common plants recorded in Wetland D included broad-leaf cattail (Typha latifolia),willow, and soft rush.

Hydric soil indicators in Wetland D included soils with low matrix chromas and mottles(redoximorphic features). Wetland hydrologic indicators included inundation, water marks,sediment deposits, and water-stained leaves.

Water from Wetland D has a hydrologic connection to Wetland A which drainsperiodically into the tributary to Oatka Creek. Therefore, it would be considered a Corps-jurisdictional wetland.

6.0 SUMMARY

Terrestrial Environmental Specialists, Inc. (TES) was contracted by BergmannAssociates, P.C. to perform a wetland investigation on a site located in the Town of Warsaw,Wyoming County, New York. The study area is approximately 27 acres and is located west ofNYS Route 19 and east of Oatka Creek. A Wal-Mart store expansion is proposed.

TES contacted appropriate state and federal agencies regarding the potential occurrencesof endangered and threatened species on the site. No species were reported, and none wereobserved during field investigations.

TES collected and reviewed available background information and maps, includingtopographic map, wetland maps, soils maps and descriptions, stream classification map, and an

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aerial photograph to locate potential wetlands on the site. There are no mapped state-regulatedwetlands on the site. Oatka Creek and one of its tributaries are located on the site. They areclassified by the NYSDEC as Class C with C standards and are not state-protected streams.

TES delineated wetlands on the site on November 2, 2006, April 13, 2007, and July 2,2008 using methods described in the U.S. Army Corps of Engineers 1987 Wetlands DelineationManual. The wetlands were surveyed by Bergmann Associates, P.C.

Four wetlands were delineated. They are referred to as Wetland A (0.25 acre), WetlandB (0.25 acre), Wetland C (3.33 acres), and Wetland D (2.24 acres). The four wetlands areassociated with a tributary system to navigable waters and total 6.07 acres. Since they areconnected to a tributary system to navigable waters, these wetlands are considered to be Corps-jurisdictional areas.

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7.0 REFERENCES

Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. TechnicalReport Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS.

Fernald, M. L. 1950. Gray's Manual of Botany, 8th Edition. American Book Company, NewYork, NY.

Gleason, H. A. 1952. The New Britton and Brown Illustrated Flora of the United States andAdjacent Canada. Hafner Press, New York, NY (3 vols).

Gleason, H. A. and A. Cronquist. 1991. Manual of Vascular Plants of Northeastern UnitedStates and Adjacent Canada. The New York Botanical Garden, Bronx NY.

Mitchell, R. S. and G. C. Tucker. 1997. A Revised Checklist of New York State Plants. TheState Education Department, NYS Museum Bulletin No. 490, Albany, NY.

Reed, P. B. Jr. 1988. National List of Plant Species that Occur in Wetlands: Northeast (Region1). U.S. Fish and Wildlife Service, Biological Report 88 (26.1), St. Petersburg, FL.

Tiner, R., R. Lichvar, R. Franzen, C. Rhodes, and W. Sipple. 1995. 1995 Supplement To TheList of Plant Species That Occur In Wetlands: Northeast (Region 1), St. Petersburg, FL.

USSCS. 1974. Soil Survey of Wyoming County, New York. U.S.D.A. Soil ConservationService in Cooperation with Cornell University Agricultural Experiment Station.

USSCS. 1989. Hydric Soils of the State of New York. U.S.D.A. Soil Conservation Service inCooperation with National Technical Committee for Hydric Soils, Washington, D.C.

USDA NRCS. 1995. Field Indicators of Hydric Soils In the United States. USDA NRCS,Washington, D.C.

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APPENDIX A – Correspondence

October 27, 2006

Ms. Jean PetrusiakNYSDEC Wildlife Resources Center-Information ServicesNew York Natural Heritage Program625 Broadway, 5th FloorAlbany, NY 12233-4757

Re: State-listed Endangered/Threatened Species and Significant HabitatsTown of Warsaw, Wyoming County, NYTES File No. 3206

Dear Ms. Petrusiak:

Please find enclosed a Data Request Form for significant and state-listedendangered/threatened species for a site located in the Town of Warsaw, WyomingCounty, New York. I have also included a NYSDOT topographic map (Dale andWyoming Quadrangles) with the approximate site location outlined. Please respond inwriting regarding the presence of any known occurrences of state-listed (or proposed forlisting) endangered/threatened species located within or near the site boundary.

If you need additional information or have any questions, please contact me.Thank you.

Sincerely,

TERRESTRIAL ENVIRONMENTAL SPECIALISTS, INC.

Megan CavesEnvironmental Technician

mmcEnclosures