Oak Orchard Watershed
State of the Basin Report
Prepared for
Oak Orchard Watershed Protection Alliance
Prepared by
SUNY Brockport Consulting Team
James Zollweg (report compilation, GIS)
Mark Noll, Ted Lewis (water quality)
Paul Richards (hydrology)
Scott Wells (fish survey)
Emily Kridel
December 2005
Funded by Finger Lakes-Lake Ontario Watershed Protection Alliance (FL-LOWPA)
Sponsored by Genesee and Orleans County Soil and Water Conservation Districts
Table of Contents
I.
Introduction ......................................................................................................................4
a. Purpose .............................................................................................................................4
b. Background ......................................................................................................................4
c. Historical Events Impacting the Oak Orchard Watershed................................................6
d. Water Quality and Quantity Goals .................................................................................17
e. Previous Studies .............................................................................................................17
f. Relationships to International, Federal, State, and Other Local Programs .....................20
1. International Joint Commission (IJC) ........................................................................20
2. Great Lakes Commission ...........................................................................................21
3. U.S. Department of Homeland Security.....................................................................22
4. U.S. Environmental Protection Agency .....................................................................22
5. Natural Resources Conservation Service (U.S. Dept. of Agriculture).......................24
6. U.S. Army Corps of Engineers (U.S. Dept. of Defense)............................................24
7. U.S. Department of the Interior..................................................................................26
8. Federal Energy Regulatory Commission (FERC)......................................................27
9. The Seaway Trail – National Scenic Byway..............................................................29
10. NYS Department of State.........................................................................................29
11. NYS Department of Environmental Conservation...................................................30
12. NYS Department of Agriculture ..............................................................................38
13. NYS Thruway Authority..........................................................................................38
14. NYS Office of Parks, Recreation and Historic Preservation ...................................39
15. Cornell Cooperative Extension ................................................................................40
16. Finger Lakes/Lake Ontario Watershed Protection Alliance (FL/LOWPA).............40
17. Genesee/Finger Lakes Regional Planning Council (G/FLRPC) ..............................40
18. Genesee Transportation Council ..............................................................................41
19. New York Sea Grant ................................................................................................41
20. The Trust for Public Land (TPL) .............................................................................42
21. The Nature Conservancy..........................................................................................42
22. Water Education Collaborative ................................................................................43
23. Water Quality Coordinating Committees (WQCCs) ...............................................43
24. Soil and Water Conservation Districts .....................................................................43
25. County Health Departments .....................................................................................44
26. Town of Carlton – example of “Home Rule” Principle ...........................................45
27. Oak Orchard Small Watershed Protection District ..................................................45
g. State of the Basin Report Stakeholders ..........................................................................46
h. Public Involvement in Report Preparation; Contributors...............................................48
II. Geographical Description of the Watershed ..................................................................56
a. Geology ..........................................................................................................................56
b. Location of Oak Orchard River and Tributaries ............................................................57
c. Size and Boundaries of Watershed and Sub-watersheds................................................58
d. Floodplains .....................................................................................................................59
e. Federal Wetlands ............................................................................................................59
f. State Wetlands ................................................................................................................59
g. Soils................................................................................................................................60
h. Topography, Slope and Aspect ......................................................................................61
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i. Aquifers...........................................................................................................................61
j. Land Cover......................................................................................................................62
k. Mineral Resources..........................................................................................................62
l. Climate ............................................................................................................................63
m. Demographics ...............................................................................................................64
III.
Biological/Natural Resources Description of the Watershed.....................................65
a. Description of the Basin .................................................................................................65
b. Critical Habitats of the Basin and the Species That Use Them......................................67
c. Overall Trends and Threats in the Southwest Lake Ontario Basin ................................69
d. Goals and Objectives......................................................................................................74
e. Fishery Assessment of the Oak Orchard Watershed .....................................................75
IV.
Uses of Land...............................................................................................................78
a. Land Uses .......................................................................................................................78
b. Erie Canal .......................................................................................................................86
c. Land Transportation .......................................................................................................87
d. Scenic Resources............................................................................................................91
e. Land Use Trends.............................................................................................................91
f. Governmental Policies and Regulation of Land Use ......................................................92
V. Uses of Water .................................................................................................................93
VI.
Water Quality .............................................................................................................94
a. Previous studies ..............................................................................................................94
b. Snap Shot Study – June 21, 2005...................................................................................98
c. Water Discharge Management .....................................................................................103
VII. Water Quantity .........................................................................................................106
a. Hydrologic Assessment of Tributaries in Oak Orchard Watershed ............................106
b. Catchment characteristics of Oak Orchard Tributaries related to Flow......................106
c. Flow volumes from design storms and hydrologic response time ...............................107
d. Phosphorous Loads ......................................................................................................109
e. Phosphorous Transport Paths .......................................................................................110
f. Potentials, Limitations, Recommendations : Hydrologic Modeling............................110
VIII. Tourism ....................................................................................................................113
IX.
Recreation/Education ...............................................................................................114
a. Recreational & Business Opportunities........................................................................114
b. Educational Opportunities............................................................................................115
X. Summary of Problems/Threats and Opportunities .......................................................121
a. Water Quality Problems/Threats and Opportunities ....................................................121
b. Data Gaps .....................................................................................................................123
c. Opportunities ................................................................................................................123
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I. Introduction
a. Purpose
This State of the Basin Report will be comprised of an evaluation of the Oak Orchard
Watershed, which will:
•
•
•
•
•
•
Characterize the watershed with regard to its unique features, such as its
geographical setting, topography, geology, biology, land uses, and water quality
Summarize existing scientific data
Identify research needed to pinpoint factors that may impact water quality
Identify remediation and prevention strategies for existing problems
Identify resources of value within the watershed
Address existing problems and identify possible opportunities to enhance the
watershed
It is intended that the State of the Basin Report be followed by an Oak Orchard Watershed
Plan that will propose methods for improving water quality in the watershed and to ensure
its long-term health and the sustainability of its resources. The State of the Basin Report will
be the first chapter of an Oak Orchard Watershed Management Plan.
b. Background
1. The scope of the watershed
The Oak Orchard Watershed is located both in Genesee and Orleans County. The
watershed is approximately 173,975 acres in size and its waters discharge directly into
Lake Ontario. For more information, refer to sections IIb and IIc.
2. Importance of the watershed
The Oak Orchard Watershed is a valuable resource shared by Orleans and Genesee
County. Oak Orchard River is the largest stream in Orleans County, and is one of about
ten major tributaries in the Great Lakes Plain ecological region of New York.1 The
mouth of the Oak Orchard River (Point Breeze) is utilized by recreational boaters,
charter boats, and fishermen. Surrounding land uses include seasonal and residential
homes and a number of small commercial businesses that cater to fishermen, boaters,
golfers and other tourist related activities. The Oak Orchard River powers two
hydroelectric dams that create Lake Alice (sometimes referred to as Waterport Pond)
and Glenwood Lake Reservoirs. The Oak Orchard Gorge adjacent to the Medina Canal
Basin receives water from a penstock of a third hydroelectric facility, served by a
reservoir connected to the canal. The New York State Barge Canal (Erie Canal) feeds
eight tributaries of the Oak Orchard River. At the southern border of Orleans County,
the Oak Orchard River becomes a haven for migrating and resident birds and mammal
species due to the special management areas such as the 10,818 acre Iroquois National
Wildlife Refuge (United States Fish and Wildlife Service) and 2,500 acre Oak Orchard
1
DOS Coastal Fish and Wildlife Habitat Rating Form.
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Wildlife Management Area (New York State Department of Environmental
Conservation). The Oak Orchard River serves as the main outlet channel for waters that
flow from the unique muckland soil area located in the upper watershed, which are high
value vegetable production areas. The importance of this fertile land is signified by the
creation of the Oak Orchard Small Watershed Protection District. Both Orleans and
Genesee County Soil and Water Conservation Districts serve as voting members of the
administrative board. The board’s primary concern is drainage while stabilizing muck
canal banks and reducing erosion.
3. Potential risks to water quality
Due to its large size and diversity of land uses (i.e., residential, commercial, agriculture),
the Oak Orchard Watershed is more susceptible to pollutant related problems than other
smaller basins. It is well documented that stormwater, septic system leachate, and
agricultural practices contribute to nonpoint source pollution and water quality
impairments from sediment and nutrients. The watershed is also located between two
large metropolitan areas, Rochester and Buffalo, and development pressure is steadily on
the rise. Currently, existing systems designed to divert and treat storm and wastewater
are outdated, and poorly maintained. Furthermore, while efforts to improve stormwater
infrastructure are underway in some locations, such efforts are sporadic and rather
limited in scope. The negative water quality impacts caused by these deficiencies will
increase dramatically as populations and development continue to increase, unless
immediate action is taken.
4. Initiation of planning for the Oak Orchard Watershed
The Oak Orchard Watershed Protection Alliance was established in August of 2004 to
guide the development of the State of the Basin Report for the Oak Orchard Watershed.
This multi-county effort is being sponsored by the Orleans and Genesee County Soil and
Water Conservation Districts. This watershed level planning effort is the first of its kind
in Orleans County, while Genesee County Soil and Water Conservation District has
recently completed two of these types of planning efforts (Black Creek Watershed and
Oatka Creek Watershed State of the Basin Reports). Improved communication between
private citizens, local municipalities, and county, state and federal government agencies
within the watershed is a primary goal of the Alliance. This improved/new dialogue will
allow for a more comprehensive understanding of the current water uses, future needs,
and the necessary steps to enhance the resources within the watershed.
5. Collaboration and building partnerships within the watershed
One primary goal of the Oak Orchard Watershed Protection Alliance is to encourage
participation and input from all of the stakeholders in the Oak Orchard Watershed. The
Oak Orchard Watershed Protection Alliance has worked to encourage participation from
a variety of organizations and individuals in the watershed, including: the Oak Orchard
Small Watershed Protection Board (made up of agricultural producers), staff at the Oak
Orchard Wildlife Management Area (NYS DEC), staff at the Iroquois National Wildlife
Refuge (US Fish and Wildlife Service), municipal organizations, local business owners
and residents from across the region. In addition, this is a multi-county effort between
Orleans and Genesee County, bringing together individuals that would not typically
work with each other due to town and/or county administrative barriers. The formation
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of the watershed protection alliance began the process of bringing stakeholders together
to formulate ideas on how to manage the watershed while protecting it at the same time.
6. Potential benefits (environmental, economic, social or institutional)
This effort is the first of its kind in Orleans County to examine natural resource issues at
the watershed level as opposed to a village, town or county basis. Improved
communication between private citizens, local municipalities, and county, state and
federal government agencies within the watershed will allow a more comprehensive
understanding of the current water uses and future needs. This collaborative effort will
educate each stakeholder on how they are affecting the water resource and what they can
do to enhance the resource. Ultimately, knowledge is power. The effective management
and conservation of a resource as dynamic and diverse as the Oak Orchard Watershed
will require proactive thought and action by its leaders and inhabitants. The benefit of
the Genesee County Soil and Water Conservation Districts’s prior experience with
watershed collaboration will be a great help in this planning effort. They will be able to
share their knowledge in the formation and direction of this watershed alliance. The
watershed alliance is the first phase of a multi-phased watershed project that will benefit
the watershed community as a whole. Another benefit of collaboration and building
partnerships within the watershed is the ability to share information and work on
common goals and objectives. For example, the Orleans County Water Quality
Coordinating Committee has water quality data from watershed monitoring and stream
segment analysis. The Iroquois National Wildlife Refuge has water control structures
that guide water levels for designated wetland areas. These water control structures
control the flow of the Oak Orchard River at the border of Orleans and Genesee County.
The Refuge has historic flow and rainfall data that can be combined with segment
analysis and watershed monitoring information from the same sampling dates and
correlations and conclusions may be drawn regarding the combinations of the two sets of
data. This report will inventory assets and assess problems that the watershed is facing,
which will be the first “stepping stone” to a watershed-wide plan.
7. Funding and administrative support
Funding for the State of the Basin Report was made possible through a Finger Lakes Lake Ontario Watershed Protection Alliance (FL-LOWPA) Special Projects Fund grant.
The Water Resources Board (governing body of FL-LOWPA) administers the
competitive Special Projects Fund to encourage multi-county collaboration and
watershed-based programming. Many other organizations and individuals are also
providing in-kind support for the development of this project.
c. Historical Events Impacting the Oak Orchard Watershed
“Eventually, all things merge into one, and a river runs through it.”
Norman Maclean
Water has been instrumental in developing our communities. Our towns and villages
grew next to the mills. The streams provided us with food and took away our waste.
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Potable water was important to sustain life as well as to make whiskey on the Ridge.
Ancillary information, such as historical buildings and sites along these waterways, will
have to wait for another phase of this study.
1. Geological History
Glacial Lake Iroquois: The Oak Orchard Watershed was once covered by the glacial
Lake Iroquois. Lake Iroquois was a prehistoric proglacial lake that existed at the end of
the last ice age approximately 13,000 years ago. The lake was essentially an
enlargement of the present Lake Ontario that formed because the St. Lawrence River
downstream from the lake was blocked by the ice sheet near the present Thousand
Islands. The level of the lake was approximately 100 ft (30 m) above the present level
of Lake Ontario. The lake drained to the southeast, through a channel passing near
present day Rome, New York. The channel then followed the valley of the Mohawk
River to the Hudson River. http://www.lostrivers.ca/points/Lake_Iroquois.htm
Glacial Lake Tonawanda: Glacial Lake Tonawanda was a prehistoric lake that existed
approximately 10,000 years ago at the end of the last ice age, in Western New York.
The lake existed on the southern (upper) side of the Niagara Escarpment east of the
present course of the Niagara River between Early Lake Erie to the south and Glacial
Lake Iroquois (the ancestor of Lake Ontario) to the north. During the retreat of the
glaciers, the water levels of the Great Lake were higher. Lake Tonawanda was created
and fed by the elevated waters of Lake Erie. Lake Tonawanda itself was drained into
Lake Ontario by a series of falls over the escarpment, including one at present day
Lockport, New York. The lake evaporated when the waters of Lake Erie dropped below
the level of the feeder streams to the lake. Subsequently Lake Erie drained over the
escarpment entirely through Niagara Falls, which marks roughly the western terminus of
the former lake bed. The remains of the previous falls, which rivaled Niagara Falls in
grandeur, can be seen along the escarpment. The Tonawanda, Alabama and Oak Orchard
River Swamps are within the lakebed of Glacial Lake Tonawanda.
http://www.lostrivers.ca/points/Lake_Iroquois.htm
2. Early Occupation of the Area
Before recorded history, the Hopewellian "mound builders" lived in the region now
known as Genesee County. We know little of these prehistoric people, except that
which
archeologists
have
unearthed
from
existing
relics.
http://www.hollandlandoffice.com/history.htm
The earliest known occupants of the Niagara Region of Western New York were a large
and powerful tribe of Indians known variously as the "Kahquahs," and the "Attiwon
daronks," or the "Neuter Nation." In the 14th Century, the Neuter Indians occupied Fort
Neuter (West of the Town of Shelby). A peaceful nation, they lived in villages on both
sides of the Niagara River and as far east as the territory of present day Orleans County.
Neighboring tribes included the Erie, Algonquin, and Huron, and the five nations which
then comprised the Iroquois Confederacy.
The Seneca (Keepers of the Western Door) are one of the original members of the "Five
Nations" of the Iroquois Confederacy. The other members are the Mohawk, Oneida,
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Onondaga, and Cayuga. About 1715, the Iroquois Confederacy adopted the sixth nation,
the Tuscarora, after they were forced out of North Carolina. During this early period the
Iroquois freely roamed from New England to the Mississippi River and as far south as
Tennessee.
By the mid-1700’s, their main territory was New York
State.http://www.townofcambria.com/historian.htm
In 1932-1933, Charles Wyman Palmer excavated an ancient mound built by the
Algonquian Indians of the second period or the polished Stone Age, on the bank of what
is known today as Oak Orchard River, Northeast of Waterport, New York.
Also, before the construction of the boat launch on the western edge of the Oak Orchard
River at Point Breeze, there was a major excavation by NYS agencies of a significant
Iroquois fishing camp.
A large Iroquois village and small campsites have been identified near Oakfield.
Early European Visits to the Area: According to Crisfield Johnson's Centennial History of
Erie County, published in 1876, three French Catholic Missionaries were the first
Europeans to visit the region. The French Catholic Missionaries came from French
settlements in Canada. The visit occurred around 1620, the year of the Mayflower landing
in Massachusetts. http://intotem.buffnet.net/lancasterpast/sesqui/hist1.htm During the
second half of the 1600’s, various European adventurers visited the area and even erected
several forts, but no permanent white settlements were established.
Holland Purchase and Pioneer Settlement: In the later part of the 1700's, both
Massachusetts and New York claimed Western New York. In 1786, an agreement gave
governing rights to New York, while allowing Massachusetts to retain title. In 1791, Robert
Morris purchased four million acres of land from Massachusetts. Morris then sold the land,
with the largest parcel being sold to the Holland Land Company. The Holland Land
Company was comprised of six banking houses of Amsterdam. Before the territory could
be opened for settlement, it was necessary to obtain land rights from the Senecas. The
Sullivan-Clinton Expedition of 1779, followed by the Big Tree Treaty of 1797, served this
purpose. Land sold for about $2.00 per acre and partial payment could be made by working
on road or mill construction. Many immigrants and New Englanders took advantage of the
opportunity offered, clearing, settling, and developing the region that is now called Genesee
County. In 1802, Joseph Ellicott established the Holland Land Office in Batavia, New York
taking the Seneca word meaning "Beautiful Valley". Also in 1802, Genesee County
seceded from Ontario County. On November 11, 1824, Orleans County was created after
being a part of the large Genesee County (the whole of Western New York). In 1835, the
Holland Land Company sold all the remaining lands to the new company composed chiefly
of citizens of Batavia. http://www.hollandlandoffice.com/history.htm
First European Settlers: Some of the first settlers of this territory north of Tonawanda
Swamp came from Canada, in boats across Lake Ontario. Others from New England
and the East came by boats along the south shore of the lake. For example, as noted in
the Democrat and Chronicle story dated June-25-2004), “in 1804, Bathshua Brown, her
husband, and 12 children traveled by boat from Sodus, Wayne County, to a newly
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purchased 100-acre plot so thicketed with trees that the area was known as the “Black
North Woods.” The farm is located just up from the mouth of Oak Orchard Creek. The
farm Orchard Dale Fruit Farms/Brown’s Berry Patch recently celebrated their 200th
year in operation”.
Those who came in on foot, or with teams, usually crossed the Genesee River at
Rochester, and then took the Ridge Road West. The Ridge was used as a highway ever
since white men traversed the county and was a favorite of local Indians.. Crossing
streams and creeks along the Ridge was difficult because bridges had not been built at
this time.
The Oak Orchard River was named for the beautiful oak trees, which grew along its
banks, as seen by the first discoverers. In its natural state Orleans County was thickly
covered with trees. On the dry hard land, the prevailing varieties of timber were beech;
maple; white, red, and black oak; white wood or tulip trees; basswood; elm; hickory; and
hemlock. Swamps and low wet lands were covered with black ash; tamarack; white and
yellow cedar; soft maple; and large sycamore or cotton ball trees. Some pine grew along
the Oak Orchard River and in the swamps in Barre, New York. A few chestnut trees
grew along the Ridge in Ridgeway, New York and in other places north of the Ridge. It
has been estimated by the first settlers, that from seventy-five to one hundred cords of
wood of 128 feet each, stood on each acre of land on an average over the county.
Fish were plenty in the streams, coming up from Lake Ontario in great numbers. In high
water, salmon would run up the Oak Orchard River into the tributaries. Large tracts of
low land and marshland are now cultivated to grass and grain. These areas were too wet
to grow trees because of the occasional beavers that would dam the area causing
flooding of the land and destroying the timber. As the beaver were hunted and
destroyed, the dams were opened or wore away with the ponds in time becoming
cultivated fields.
During this time (about 200 years ago), it was a swampy wilderness where “Indians
came only for hunting and fishing.” The Indians knew this area as the “sick country”
and early settlers were plagued by fever and ague (alternating periods of chills, fever,
and sweating).
Soon after clearing began to be made in the forest, peach trees were planted and grew
luxuriantly, which ripened the choicest fruit, in great abundance. The peach crop was
never a failure. In addition, apricots and nectarines were grown successfully. The
cultivation of apples received early attention, and some orchards, now in full health and
bearing, are almost as old as the first settlement.
For many years before and after the opening of the Erie Canal, wheat was the great
object of cultivation among the farmers. Between 1830 and 1840, the quantity of wheat
raised and exported yearly from Orleans County was immense.
The Pioneer History of Orleans County, New York, By Arad Thomas; Transcribed by
Holice B. Young, HTML by Deb, January 2002, Online Edition by Holice & Deb
http://www.usgennet.org/usa/ny/state/orl/
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3. The Erie Canal
On July 4, 1817, the work in digging the Erie Canal began on the middle section near
Utica, New York. In November 1825, a fleet of boats from Buffalo passed the entire
length of the Erie Canal, carrying passengers to the Grand Canal Celebration in New
York, New York.
Before the Erie Canal: Although the soil was fertile and productive, and yielded
abundant crops to reward the toil of the farmer, its inland location and great difficulty of
transporting produce to market rendered it of little value at home. Settlers, who had
located here, in many instances, had become discouraged. Others, who desired to
immigrate to Genesee County, were kept back by the gloomy accounts they got of life in
the wilderness, with little prospect of easy communication with the old Eastern States to
cheer the hope.
After the Canal Opened: As soon as the Canal became navigable, Albion, Knowlesville,
and Medina - villages on its banks - were built up. New settlers took up and cleared all
of the unoccupied lands. New speculators came here and bought large tracts of land and
left them wild, to rise on the market. The lumber of the county found a ready market
and was exported via the canal. Wheat was worth four times as much as the price for
which it had been previously selling. Prosperity came in on every hand; the mud dried
up, and the mosquitoes, and the ague, and the fever, and the bears, left the country.
Farmers paid for their lands, surrendered their articles, and took deeds from the Holland
Land Company. Good barns, framed houses, and houses of brick and stone began to be
built; as the common dwellings of the inhabitants. The price of land rose rapidly,
making many wealthy, who happened to locate farms in desirable places due to the rise
in value of their lands. The Canal, more than any other factor, contributed to settlement
of this area by providing cheap transportation, which aided the local economy. Wheat
brought $1.50 per bushel and at one time the area was known as the “bread basket of the
world” before the western plains were developed. Since the soil and climate here are
conducive to the culture of fruit, vegetables, grain and livestock, ambitious farmers
became prosperous and affluent. Sturdy, beautiful homes were built, many of which are
still standing. In particular, the unique cobblestone houses erected in the 1840’s were
sources of great pride to the builders and continue to be treasured architectural
trademarks of the region.
In 1903, the State of New York decided to enlarge the canal. Just on the East side of the
bend in Medina is located one of the greatest engineering feats on the canal. It is here
where the canal bridges the gorge where the Oak Orchard River flows by way of an
aqueduct.
The Pioneer History of Orleans County, New York, By Arad Thomas; Transcribed by
Holice B. Young, HTML by Deb, January 2002, Online Edition by Holice & Deb
http://www.usgennet.org/usa/ny/state/orl/
4. The Tonawanda, Alabama, and Oak Orchard Swamp
This swamp lies in the counties of Genesee and Orleans, covering part of Byron, Elba,
Oakfield, and Alabama, in Genesee County; and parts of Shelby, Barre, and Clarendon,
10
in Orleans County. Originally it contained about twenty-five thousand acres, most of
which were too wet to plow, and covered with swamp timber, open marsh, and flags or
swamp grass. Oak Orchard River drains this swamp.
About 1820, the State constructed a feeder from the Tonawanda Creek in Genesee
County to convey the water of Tonawanda Creek into Oak Orchard River, intended to
supply the Erie Canal with water. The outlet for water from the swamp was through a
ledge of rock, too small naturally to drain it sufficiently, and when the Tonawanda Creek
was brought into it, the level of water in the swamp was thereby raised, and nothing was
then done by the State to facilitate the discharge, thus increasing the stagnant water.
In 1828, the Holland Land Company sold a considerable portion of these wet lands to an
association who expended about twelve thousand dollars to enlarging the capacity of the
outlet in an effort to drain the swamp through Oak Orchard River. The Canal
Commissioners then appropriated the whole of the Creek for the canal, and further
attempts at drainage were abandoned. In 1863, an Act was passed appropriating $16,306;
to be expended in improving Oak Orchard River, and the Canal feeder, on condition that
all persons, who claimed damages of the State on account of the making the feeder from
Tonawanda Creek, to Oak Orchard River, should release all such claims, before the
expenditure of the money. In 1865, an act passed allowing two commissioners to drain
certain lowlands in the town of Barre. They were successful, and as a result, two more
acts were passed in 1867 and 1869 under which a total of 4,679 acres were drained. In
1893, $35,000 was appropriated to improve Oak Orchard River which was then being
used as a feeder canal. By 1912, large drainage canals were completed throughout the
District causing much of the swamp to dry-out seasonally.
Wildlife Area and Refuge: In the late 1930’s the New York State (NYS) Department of
Environmental Conservation (DEC) purchased the Schmitt property--a large contiguous
piece of Oak Orchard swampland, approximately 1,500 acres. In 1947, additional
acreage was acquired, increasing the size of the Oak Orchard Wildlife Area to a total of
2,500 acres. In 1955, the Tonawanda Wildlife Management Area was acquired
consisting of 6,300 acres. The Iroquois National Wildlife Refuge was established in
1958 for protection of the Atlantic Flyway. It comprises 10,800 acres of marshland,
swamp woodland, wet meadows, pasture and cropland. The total contiguous tract of
20,000 acres represents one of the top major (Atlantic) flyway resting spots for
migratory waterfowl.
(from NYS Environment December 1, 1974, Oak Orchard, A Wildlife Haven)
5. Public Highways
The Pioneer History of Orleans County, New York, By Arad Thomas; Transcribed by
Holice B. Young, HTML by Deb, January 2002, Online Edition by Holice & Deb
http://www.usgennet.org/usa/ny/state/orl/
Ridge Road (State Route 104)
The Ridge Road has been traveled by American Indians from time immemorial and after
the settlement of the country by white men. Mr. Lewis W. Gates, formerly of Gaines,
11
related that around the year 1843 Judge Augustus Porter, then of Niagara Falls, gave him
the following account of the Ridge Road.
Judge Porter, others, and Mr. Gates were interested in surveying
and locating a large tract of land west of Genesee River, since
known as The Triangle. The Indians told them there was a
gravelly ridge extending from the Genesee to Niagara River.
Judge Porter and his company employed a surveyor named Eli
Granger, to go with a few men and trace a road through on this
Ridge, from river to river. They traced the Ridge Road through
near its present location, in 1798.
An act providing for a re-survey of the Ridge Road, from Rochester to Lewiston, was
passed March 24, 1852. The road was re-surveyed and established six rods wide.
Oak Orchard Road (State Route 98)
Oak Orchard Road was first surveyed in 1801. In 1803, Oak Orchard Road (now Route
98) was cut north from Batavia, following an old Indian trail through the Tonawanda
Swamp north of Batavia, to the mouth of Oak Orchard River, which was projected as the
main port for the Holland Land Purchase.
http://www.orleanshistory.org/Towns/albionhistory.htm
The Oak Orchard Road was the first highway crossing Orleans County north and south;
that was opened and worked. Supposing, as everybody did then, that the trade from this
part of the country must go by the lake and that Oak Orchard Harbor would be its place
of embarkation.
The Holland Company and the settlers, at an early day opened this road for teams, made
log causeways through wet places and bridged the streams. It was a rough road, but
teams could get through with light load.
Road to Shelby Center Mill
Andrew A. Ellicott built a mill on the Oak Orchard River, at Shelby Center, about the
year 1813. To accommodate travel to this mill and promote the sale of land, the Holland
Land Company cut out a highway leading from the Oak Orchard Road near the County
Poor House, to Shelby Center. This highway followed the ridge of highest land,
crooking about on places for the easiest construction. Today this public highway is still
in use and traveled on or near the original line followed.
Salt Works Road
Works were put up by the Holland Land Company for the manufacture of salt, at the
salt springs north of Medina, as early as 1805, and opened for use by the settlers.
To facilitate access to these works, the Company cut out two roads, about the same time,
one leading south from the works, to the "Old Buffalo Road;" the other south-easterly, to
the Oak Orchard Road. These highways were known as the Salt Works Road.
12
Eagle Harbor to Waterport Road
About the year 1824, the people along the Ridge Road turned out on the 4th day of July
and celebrated the day by cutting out a highway from the Ridge north to Waterport,
which is now the road leading from Eagle Harbor to Waterport (Eagle Harbor Road).
State Road (State Route 31)
An Act of the Legislature was passed April 2, 1827, appointing John P. Patterson,
Almon H. Millerd, and Otis Turner commissioners to locate and lay out the public
highway, four rods wide, leading from Rochester to Lockport, "on, or near the banks of
the Erie Canal." The records of said survey and highway were filed in the County
Clerk's offices, and the road established Oct. 1, 1827. This was known as the State
Road. The highway is called West and East Avenue through the village of Albion.
6. Railroads
Rochester, Lockport, and Niagara Falls Railroad Company - The Rochester,
Lockport, and Niagara Falls Railroad Company was organized December 10, 1850. It
passes through the watershed near the Erie Canal on the south side. This railroad has
since been consolidated to the New York Central Railroad, by which name it is now
known, its original corporate name being dropped.
Lake Ontario Shore Railroad - The Hojack Line, officially know as Rome,
Watertown, and Ogdensburg Railroad, was originally part of the Lake Ontario Shore
Railroad organized in 1868. The purpose of this line was to provide rail service to the
towns and farmland communities that had been bypassed by the Erie Canal and the New
York Central and Hudson River Railroad, both of which passed to the south. At its
greatest extent, the line ran from Buffalo to Niagara Falls, then east through the northern
section of Rochester to Oswego. In 1875, the Rome, Watertown and Ogdensburg
Railroad took over operation of the line. The line was abandoned in 1978; the rails were
removed in 1979 on the section of the line from Niagara Falls to Charlotte and from
Charlotte to Webster. (Buffalo District US Army Corps of Engineers, Documentation
and Mitigation Planning For Historic Preservation, Hojack Swing Bridge, Rochester
Harbor Section 107 Navigation Project, Rochester Harbor-Monroe County, New York
Contract No. DACW49-99-005 Delivery Order No. 7, Final Report, November 27, 2001,
http://www.nessman.net/rochesterrailf/hojack.htm)
The New York, West Shore, and Buffalo Railroad was created in 1882 to build a line
from Weehawken, NJ to Buffalo, NY. It was built to directly compete with the New
York Central (NYC) as its tracks virtually paralleled the Central's all the way to Buffalo.
The name was derived from the location of the initial right of way on the West Shore of
the Hudson River. The West Shore reached Buffalo around 1884. This event precipitated
a shipping rate war with the New York Central. The West Shore soon went bankrupt and
the NYC's deep pockets were barely dented. In 1885 the West Shore was reorganized as
13
the West Shore Railroad, a wholly owned subsidiary of the New York Central lines. It
operated in this capacity until 1952 when the West Shore was formally merged into the
New York Central. http://nyc.railfan.net/westshore.html
7. Medina Sandstone
In 1837, Medina sandstone was discovered in Oak Orchard River near Medina and
quarrying became an important industry. At one time around the turn of the century,
forty-eight quarries were in operation employing 1,200 men with a payroll of $3,000 a
day. This stone was shipped all over the eastern United States to be used for paving,
curbing, construction of churches, and other public and private buildings. The easily
mined sandstone became a source of considerable wealth to the business interests of the
village. Medina rock can be found in the steps of the State Capitol at Albany, in the
streets of Rochester, Cleveland, and Havana, Cuba, and was used in the construction of
Buckingham Palace. Perhaps most importantly, everywhere in Medina you see the stone
that made its name famous, from the City Hall to the sills of the business district.
http://www.eriecanalmedina.com/medina_sandstone.html
8. Water Power
Oak Orchard River helped to create the village of Medina. The water power furnished by
the flow of the creek was a great natural advantage and was appreciated by the
businessmen of the village indicated by the amount of established mills, furnaces, and
factories.
One of the most successful milling operations in Medina was Weld and Hill Mill, built
on a falls in 1840 when there was far more land available. After the mill was destroyed
by a major fire in 1899, the area became the site for Albert Swett’s generating plant,
again utilizing the water from the creek to create electric power which the company
continued to produce until the plant was demolished by a forerunner of the present
Niagara Mohawk Power Corporation.
Medina Falls
An aqueduct was built on this site in 1913 for the purpose of allowing the canal to pass
over Oak Orchard River. The retaining wall is approximately 400 feet in length. Water
overflow from the canal is directed into a reservoir and channeled through a penstock
rushing down to spin an enclosed wheel called a turbine. The turbine shaft swirls the
armature of the generator, and the electricity produced flows along transmission lines to
users. An old water power station foundation is still evident in the landscape today on
the east side of the creek. Medina Falls is located on Oak Orchard River in the Village
of Medina. It is visible from the towpath of the Erie Canal at the point where the creek
flows under the canal. http://www.eriecanalmedina.com/the_aqueduct.html
Thanks to the demands of power generation at the Waterport hydro and other upstream
generating facilities, water flows in the Oak Orchard vary and can go up (or down) at
any time. In fact, due to the "buffering" effect of impoundment behind the Waterport
dam, the river is often fishable when many, if not all, area waterways are too high and/or
turbid.
14
Dams along the Streams - The maps of 1804, 1860, 1875, and 1913 show many of
these sites. For example, at one time Otter Creek had three dams for various types of
mills. One concrete dam remains on Otter Creek just south of Route 31. This was used
as a water source for Albion. Structure L in the Refuge is also across the river. Medina
Falls had the first mill on Oak Orchard River in 1805. Oak Orchard has four small
concrete remnants in the Medina area: two at Butts Park, one at Medina Falls and one
near the Slade Road. Others remain to the south in Shelby and in the Refuge. Two major
dams remain at Lake Alice and Glenwood Lake. Glenwood Lake Dam- completed in
1904 by Albert Swett. Lake Alice Dam 1917- production figures unavailable.
Water Races for Power- Many of these have been filled in and are no longer in use.
There is a gate in Shelby that was used to divert the water to a channel or race. There is
also a channel off the Creek just north of Rt. 104. The remains of a grist mill lie there.
There are remnants of a dam just south of 31 near Nice and Easy—this impoundment fed
the Medina races; Mill Race Park in Shelby Center has a race that you can see as you
drive by. Factories often used these races for sewage and it is unclear what other
substances might have been released.
Electric Power- The original power station was at Medina Falls in the late 1890’s. All
three current water powered generators are owned by Brascan Power- New York. From
late April until late November, the NYS Canal feeds water from the canal through a
generator into Oak Orchard River. The normal feed is 336 cfs with a maximum of 864
cfs. Hydropower facilities include the Oak Orchard, Glenwood, and Waterport sites.
9. Municipal Water
Prior to 1960, Albion used the Canal and Otter Creek for its water; now it uses Lake
Ontario. Medina, also in the ‘60s, contracted out with the Niagara Water District and
therefore receives its drinking water from the Niagara River. Water from the canal is
used for irrigation and to augment the Oak Orchard River and Otter Creek. The irrigation
was approved by an international treaty in 1955. How much is used is unknown. The
summer feeds are 336 cfs for Oak Orchard River and 20 cfs for Otter Creek.
Great
Lakes
Levels
can
be
viewed
at
two
sites:
www.glerl.noaa.gov/seagrant/glwlphotos/ontario
and www.lre.usace.army.mil. Lake Ontario Water Levels over the past century have a
high of 75.8 meters, low of 73.7 and an average of about 74.7. Between 1990 and 2000,
it varied between 75.7 and 74.1 meters or over 4 feet. The St. Lawrence Seaway started
to control the Lake Ontario level in the mid-1950’s.
10. Oak Orchard Harbor
The harbor is located at Point Breeze, at the mouth of the Oak Orchard River.
“Government funds were appropriated for the improvement of Oak Orchard Harbor less
than midway into the 19th century keeping the channel to good depth, well protected by
the means of two long piers and a lighthouse” E. Hoffman. These fell into disrepair and
the piers built in 1975 by the Army Corps of Engineers, replaced them in size.
15
Some of the first settlers of this territory came by boats across Lake Ontario. It seems
likely that, James and William Walworth, who came from Canada and located first at the
mouth of Oak Orchard River, second at Johnson’s Creek, with both settlements in the
town
of
Carlton,
made
the
first
permanent
settlements.
http://www.hopefarm.com/orleanny.htm With the completion of the Erie Canal in 1825
the harbor’s potential importance was reduced.
(The Pioneer History of Orleans County, New York, By Arad Thomas)
In 1836, the Medina and Ontario Railroad company was incorporated by the Legislature
to construct a Railroad between Medina to Lake Ontario at the mouth of Oak Orchard
River. Nothing further was ever done toward opening this road. (from The Pioneer
History of Orleans County, New York, By Arad Thomas)
25th Congress, 3d Session, Executive Doc. No. 24, December 13, 1838, Oak – Orchard public improvements are progressing rapidly, three hundred feet of piers on either side,
are finished, or nearly so. It is contemplated extending them to a further distance of nine
hundred feet, making the total of each pier twelve hundred feet. If however, dredging
should be found necessary, that can easily be accomplished, in a single season, after
piers are in proper condition. This must become a port of vast importance for vessels in
foul weather, the harbor being spacious, with a depth of from 14 to 20 feet of water for
two miles up the creek. When these piers are in a condition to admit of the structure of a
beacon-light, it will be both judicious and proper to submit a plan and estimate for the
same; until then, there will be no possibility of entering the harbor.
Thompson, Thompson's Coast Pilot, Detroit: Thos. S. Thompson, 5th ed., 1869, page
115: Oak Orchard Creek, Is 35 miles West of Genesee River, and 52 miles East of
Niagara River. The entrance to this creek is between two piers, running north and south,
into 6 feet 6 inches water, and 160 feet apart. The west pier is 844 feet long, and east
pier is 734; the basin or pool inside has plenty of water and is well secured from all
winds. http://www.hhpl.on.ca/GreatLakes/scripts/Page.asp?PageID=2332
Oak Orchard Yacht Club (OOYC) History – The OOYC was founded in 1938 and began
operation at the present site of the public boat launch on the east side of Oak Orchard
River, near the harbor mouth. Refer to http://www.ooyc.org. The club is currently
located on the west side of the river just south of the Lake Ontario State Parkway
overpasses off of Archibald Road.
11. Sewage Treatment Plants
Descriptive Data of Municipal Wastewater Treatment Plants in New York State- Dec.
1999 can be viewed at www.dec.state.ny.us/website/dow/descdata.htm. Municipalities
and permit holders are self-monitoring under DEC permits. Medina’s first sewage lines
were started in 1894 and drained directly into Oak Orchard River. In 1965, the open
discharge was discontinued when a primary treatment plant was installed. A secondary
treatment plant was completed in 1985.
• Elba’s Treatment Facility- built in 1971, upgraded in 1990.
• Oakfield’s Treatment Facility- built in 1927, updated in 1979
• Curtis-Burns Foods at Oakfield and Waterport- unable to find data.
16
•
Waterport- individual septic systems.
The Comprehensive Development Plan- Orleans County 3/75 mentions a study of
sewage needs completed in 1968. Some of the concerns were paper wastes and gypsum
from Oakfield.
Municipal laws- Orleans County developed a code for septic systems in 1984. The
Orleans Co. Health Dept. does free inspections of home systems.
For an interesting and informative view of the Oak Orchard Watershed’s history, refer to
(Map: Oak Orchard Watershed, circa 1898) (historic_topos.pdf)
d. Water Quality and Quantity Goals
Please refer to Appendix I(d) for the complete Oak Orchard Watershed Goals and
Objectives matrix.
e. Previous Studies
Past watershed planning and analysis activities
•
History of Oak Orchard Harbor, NY, not sure of date.
•
War Department, United States Engineer Office, Buffalo 3, .New York, October 15,
1946. A determination on need for modification of proposed harbor project at Oak
Orchard Harbor, NY.
•
Corps of Engineers, U.S. Army Office of the District Engineer Buffalo District, New
York, May 27, 1949. A detailed physical field survey, including sounding and
probing, made December 1940, and January 1941 for proposed dredging Oak
Orchard Harbor, NY.
•
Corps of Engineers, U.S. Army Office of the District Engineer Buffalo District, New
York, February 1969. General Design Memorandum, jetty construction, dredging at
Oak Orchard Harbor, NY.
•
Orleans County Land Use and Inventory and Analysis, prepared by the Orleans
County Planning Department and The Genesee/Finger Lakes Regional Planning
Board (1968)
•
Iroquois NWR has gauge readings from Oak Orchard River at Knowlesville Rd and
Rt 63 dating back into the 1970’s (paper)
•
An Appraisal of Potentials for Outdoor Recreation Development Potential of Orleans
County New York 1971
17
•
Orleans County Comprehensive Development Plan, Progress Report 1, December
1972 prepared by the Genesee/Finger Lakes Regional Planning Board notes that Oak
Orchard River is the major body of water in the Ontario West Basin. The report
noted that water quality was becoming seriously impaired, and identified the need for
potential improvements.
•
USDA Environmental Impact Statement for the Oak Orchard Watershed Project
dated May 1975. The goals of the project were watershed protection and flood
prevention on high value agricultural muckland soil and were implemented under
authority of the Watershed Protection and Flood Prevention Act (Public Law 566,
83d Congress, and 68 Stat.666).
•
Oak Orchard Stream Survey, Orleans County Health Department, CETA Title VI,
Project # 607, August 1978. Purpose of the Oak Orchard Stream Survey is to
determine the extent of pollution of Oak Orchard River due to improper or failed onlot disposal systems.
•
Point Breeze Development file- Canal proposal 1981– Orleans County Planning
Department
•
Delivery of Phosphorous to Lake Ontario from Cultivated Mucklands in the Oak
Orchard Watershed; Patricia Longabucco and Michael R. Rafferty (1987)
•
Genesee/Finger Lakes Erie Canal Corridor Plan, 1993– Orleans County Planning
Department
•
Statewide Erie Canal Recreationway Plan, 1996– Orleans County Planning
Department
•
Seaway Trail Development Zone Plan- Orleans County, 1996– Orleans County
Planning Department
•
Agricultural Environmental Management (AEM) Planning in 2000, a joint project by
both County Soil and Water Conservation Districts in the Oak Orchard Watershed.
•
The Orleans County Water Quality Coordinating Committee in the July 2001 Water
Quality Strategy identified Oak Orchard River as the top priority for addressing
water quality in the County.
•
Environmental Quality Incentives Program submitted by the Orleans County Local
Working Group, approved in January 2002. The goal of this project was to reduce
the amounts and concentration of contaminants associated with the surface runoff
from farmland.
18
•
Local Waterfront Revitalization Program, Plans completed by the Towns of Kendal,
Yates and Carlton between 1998 and 1999, approved by the Department of State
2002.
•
The Oak Orchard Riparian Corridor: A DE FACTO GREENWAY, by Brian Charles
Slack, September 2003
•
Western Orleans Comprehensive Plan adoption of a joint Comprehensive Plan
prepared by the Towns of Yates, Ridgeway and Shelby and the Villages of Medina
and Lyndonville. The Comprehensive Plan includes an inventory of existing
conditions, a set of policies and recommended actions to guide future land use
development and community services; future land use maps; recommendations for
infrastructure improvements; and procedures for maintaining and updating the Plan.
•
The Story of the Muck As Told by Those Who Worked There, Research by Anne
Marie Starowitz, Written by William F. Brown, Jr. 2004
•
Orleans County Tourism Marketing Plan, 2005– Orleans County Planning
Department
•
Erie Canal/Oak Orchard Feasibility Study- ongoing study of impacts of extended
water flows from the canal to the Oak Orchard River to enhance economic
development through sportfishing. – Orleans County Planning Department
•
Watershed studies (1997 through 2005) conducted by Orleans County and the State
University at Brockport New York (SUNY Brockport), Center for Applied Aquatic
Science and Aquaculture, Department of Biological Sciences.
•
Nutrient and Sediment Loss from Watersheds of Orleans County, June 1997 to June
1998 (Johnson, Oak Orchard and Sandy Creek Watersheds), by J.C. Makarewiez and
T. W. Lewis, Center for Applied Aquatic Science and Aquaculture, Department of
Biological Sciences, SUNY Brockport, October 1998.
•
Nutrient and Sediment Loss from Watersheds of Orleans County – 2, June 1998 to
May 1999 (Johnson, Oak Orchard and Sandy Creek Watersheds), by J.C.
Makarewiez and T. W. Lewis, Center for Applied Aquatic Science and Aquaculture,
Department of Biological Sciences, SUNY Brockport, December 1999.
•
Segment Analysis of Marsh Creek, The Location of Sources of Pollution, Part of
the Lake Ontario Watershed, Located in Orleans County, NY by Joseph C.
Makarewicz, and Theodore W. Lewis, Department of Biological Sciences, SUNY
Brockport, August 2001.
•
Segment Analysis of Otter Creek, The Location of Sources of Pollution, Part of the
Lake Ontario Watershed, Located in Orleans County, NY by Joseph C. Makarewicz,
and Theodore W. Lewis, Department of Biological Sciences, SUNY Brockport,
October 2003.
19
•
Segment Analysis of Otter Creek, The Location of Sources of Pollution, Part of the
Lake Ontario Watershed, Located in Orleans County, NY by Joseph C. Makarewicz,
and Theodore W. Lewis, Department of Biological Sciences, SUNY Brockport,
October 2003, Updated April 2004.
•
Segment Analysis of Fish Creek, The Location of Sources of Pollution, Part of the
Lake Ontario Watershed, Located in Orleans County, NY by Joseph C. Makarewicz,
Theodore W. Lewis and Dan White, Department of Biological Sciences, SUNY
Brockport, October 2005.
f. Relationships to International, Federal, State, and Other Local Programs
The following is a summary of international, federal, state and local programs, agreements,
jurisdictions, rules and regulations that govern and affect activity within the Oak Orchard
Watershed. While every attempt has been made to compile an exhaustive list of the most
relevant and useful information, some programs and jurisdictions may have been
overlooked. Furthermore, the reader should not assume any order of significance between
programs or agencies due to their placement herein. This summary has been adopted from
the Black Creek State of the Basin report, which provided a useful starting point along with
several references and descriptions.
1. International Joint Commission (IJC)2
The IJC is an independent, bi-national organization established by the Boundary Waters
Treaty of 1909. Its purpose is to help prevent and resolve disputes relating to the use and
quality of boundary waters and to advise Canada and the United States on related questions.
Specific duties of the IJC include (but are not limited to):
• Reviewing the operation and effectiveness of the Great Lakes Water Quality
Agreement
• Assessment and evaluation of the criteria used for regulating water levels on Lake
Ontario and in the St. Lawrence River
• Maintaining the general process in which the Remedial Action Plans and Lakewide
Management Plans should proceed in order to restore the Beneficial Use
Impairments of the Great Lakes.
• Support the establishment of ecosystem-focused watershed boards, in accordance
with a 1998 request from the U.S. and Canadian governments. Core elements of the
concept include recognizing local expertise and initiatives and coordinating among
numerous organizations within the watershed
2
International Joint Commission. Retrieved 19 March 2005 from
http://www.ijc.org/en/home/main_accueil.htm.
20
Regulation of Lake Ontario Outflows
A Public Interest Advisory Group was formed by the IJC in order to evaluate new
alternatives for regulating outflows of Lake Ontario water through the St. Lawrence Seaway.
Final public input meetings were being held during the summer of 2005 in order to gain
insight to public preferences regarding the three dynamic environmental plans that have
been developed to regulate flows and lake levels in the future, of which one will be chosen.
These models are summarized as follows:
Plan A: Balanced Economic Plan
• Designed to maximize overall economic benefits
• Provides some improvement for the environment, especially on the Upper St. Lawrence River
• Has losses to shoreline interests on Lake Ontario and the River
• Provides recreational boating benefits
Plan B: Balanced Environmental Plan
• Designed to simulate more natural conditions and provide overall economic benefits
• Improves the environment on the Lake and Upper River
• Has losses to shoreline interests with significant flooding potential around Montreal
• Has losses to recreational boating, especially on the Lake.
Plan D: Blended Benefits Plan
• Designed for balanced performance, with overall economic benefits and minimizes losses
• Little change from 1958D with deviations (1958DD)3 for the environment.
• No overall losses for shoreline interests, but some flooding potential
• Provides recreational boating benefits.
2. Great Lakes Commission4
The Great Lakes Commission is a bi-national agency that promotes the orderly, integrated
and comprehensive development, use and conservation of the water and related natural
resources of the Great Lakes basin and St. Lawrence River. Its members include the eight
Great Lakes states with associate member status for the Canadian provinces of Ontario and
Québec. Each jurisdiction appoints a delegation of three to five members comprised of
senior agency officials, legislators and/or appointees of the governor or premier.
The Commission was established by joint legislative action of the Great Lakes states in 1955
(the Great Lakes Basin Compact) and granted congressional consent in 1968. A Declaration
of Partnership established associate membership for the provinces in 1999.
The GLC researches, compiles and reports a wide variety of information relative to the
health and condition of the Great Lakes. Communicating relevant Great Lakes issues to
members of congress, coordinating regional monitoring and restoration strategies and
strengthening partnerships among federal, state and local agencies represent a small number
of the roles and responsibilities addressed by the GLC.
3
Refers to the current operational plans that were originally developed in 1958.
Great Lakes Commission, “About the Great Lakes Commission.”
Retrieved 24 February 05 from: http://www.glc.org/about/.
4
21
3. U.S. Department of Homeland Security
The following two programs have become divisions within the new US Department of
Homeland Security: the Federal Emergency Management Agency and the US Citizenship
and Immigration Service.
Federal Emergency Management Agency (FEMA)
The Federal Emergency Management Agency (FEMA) is the independent Federal agency
responsible for leading America’s efforts to prepare for, prevent, respond to, and recover
from disasters. FEMA is in charge of helping people before and after a disaster. The
Agency is called in to help when the President declares a disaster. Disasters are "declared"
after hurricanes, tornadoes, floods, earthquakes or other similar events strike a community.
The Governor of the state must ask for help from the President before FEMA can respond.
Specific FEMA activities:
• Send in Preliminary Damage Assessment teams and Emergency Response Teams to
work with state and local officials in determining the scope of the disaster and
essential needs of the impacted area.
• Make disaster aid available and manage the process of loan and grant application,
approval, and disbursement. Disaster aid is provided to both individuals (called
individual assistance) and to cities/states (called public assistance).
• Identify ways and fund grants so that communities can mitigate problems to reduce
their risk of future disasters.
• Create risk assessment (flood plain) maps to help local planners.
• Administer the National Flood Insurance Program. The National Flood Insurance
Program (NFIP) is a three-part program that addresses flood insurance, floodplain
management and flood hazard mapping. To get secured financing to buy, build or
improve structures in Special Flood Hazard Areas, a property owner is required to
purchase flood insurance. Flood insurance is available to any property owner located
in a community participating in the NFIP.
U.S. Citizenship and Immigration Services (USCIS)
The Oak Orchard River and many other Great Lakes ports are less than a day’s sail from
many ports in Canada. Because of this, the US began installing video phones throughout the
Great Lakes in an effort to better accommodate boaters visiting the US. One such terminal
has been installed at Pt. Breeze. Canadian visitors are required to provide identification of
all travelers aboard their vessel and information on their vessel to a US Customs agent
through the video phone. Visitors are then provided with a clearance number. Also, US
residents are required to report in, when returning from foreign (Canadian) ports
4. U.S. Environmental Protection Agency
The mission of the EPA is to protect human health and the environment. Developing and
enforcing environmental regulations, providing financial assistance, performing
environmental research, sponsoring and promoting partnerships and programs, and
monitoring hazardous materials and reporting related information to the public are several of
the many varied duties of the EPA. While the EPA is the primary federal body behind such
regulations as the Endangered Species Act, the Clean Air Act and the Clean Water Act,
22
enforcement of most, if not all, of these regulations generally falls to the NYSDEC. The
EPA in turn provides considerable sources of funding to be used by the responsible state
agencies for enforcement and implementation of policies outlined in the federal laws and
regulations.
Selected Major Federal Environmental Laws and Regulations5
National Environmental Policy Act of 1969 (NEPA); 42 U.S.C. 4321-4347 NEPA is the basic national
charter for protection of the environment. It establishes policy, sets goals, and provides means for carrying out
the policy. In NYS, the State Environmental Quality Review Act (SEQRA) is the substantive component of
NEPA.
Clean Water Act; Water Pollution Prevention and Control, U.S. C Title 33 Section 1251 The Clean Water
Act requires states to classify waters according to their best uses and to adopt water quality standards that
support those uses. Section 404 of the Clean Water Act requires that anyone interested in depositing dredged
or fill material into waters of the United States, including wetlands, must receive authorization for such
activities. The U.S. Army Corps of Engineers (USACE) has been assigned responsibility for administering the
Section 404 permitting process.
The Endangered Species Act (ESA); 7 U.S.C. 136;16 U.S.C. 460 et seq. (1973) The Endangered Species
Act provides a program for the conservation of threatened and endangered plants and animals and the habitats
in which they are found. The U.S. Fish and Wildlife Service of the Department of the Interior maintains the
list of 632 endangered species (326 are plants) and 190 threatened species (78 are plants).
Lakewide Management Plan for Lake Ontario (LaMP)6
In conjunction with other international and state agencies, the EPA has developed the
Lakewide Management Plan (LaMP) as a framework for integrating the myriad restoration
and monitoring practices that have been taking place throughout the Great Lakes for
decades. Each of the five Great Lakes has its own LaMP. As quoted in the Executive
Summary of the Lake Ontario LaMP:
In 1987, the governments of Canada and the United States made a commitment, as part of the
Great Lakes Water Quality Agreement (GLWQA7), to develop a Lakewide Management
Plan (LaMP) for each of the five Great Lakes. According to the 1987 Agreement, "LaMPs
shall embody a systematic and comprehensive ecosystem approach to restoring and
protecting beneficial uses in ... open lake waters", include consultation with the public. 8
Agencies in charge of developing and implementing LaMP strategies include the USEPA
(Region II), Environment Canada, the NYSDEC and the Ontario Ministry of the
Environment (collectively referred to as “the Four Parties”). As of 2004, the LaMP was in
year two of its latest five year work plan, and is still in the early phase of its long-term
commitment to restore and protect Lake Ontario.
Draft LaMP Report: Developing Lakewide Habitat Priorities for NY’s Lake Ontario Basin
While still in draft form, the primary objective of this report is to identify and prioritize
potential habitat conservation and restoration projects in the New York portion of the basin
that have the greatest potential to preserve and restore the proper functioning of the
ecosystem on a lakewide scale. Projects will likely include restoration of tributary buffer
zones, improving upstream fish passage, restoring and conserving coastal wetlands and
5
For more information on major environmental laws in the US, visit: http://www.epa.gov/epahome/laws.htm
US EPA, “Great Lakes.” Retrieved 21 April 2005 from: http://www.epa.gov/glnpo/ontario.html
7
See also “International Joint Commission” under International Programs above.
8
http://www.epa.gov/glnpo/lakeont/summary.html
6
23
embayments, and protecting unique or rare species habitats. Priority areas within the Oak
Orchard Watershed will likely include the Oak Orchard River and contributing tributaries.
5. Natural Resources Conservation Service (U.S. Dept. of Agriculture)9
The Natural Resources Conservation Service (NRCS) is a U.S. Department of Agriculture
(USDA) agency that assists owners of private land with conserving soil, water and other
natural resources. Services include Agricultural Conservation Plans, the Conservation
Reserve Program, the Wetlands Reserve Program, preparation of Comprehensive Nutrient
Management Plans, assistance to managing Confined Animal Feeding Operations (CAFOs)
and technical assistance to farmers on water quality and erosion control issues.
The Resource Conservation and Development (RC&D) program is a national program that
helps communities improve their economies through the wise use of natural resources.
Currently there are 375 RC&D Areas designated for USDA assistance by the Secretary of
Agriculture. The purpose of the RC&D program is to improve the capability of state, tribal
and local units of government and local nonprofit organizations in rural areas to plan,
develop and carry out programs for resource conservation and development. The NRCS
provides administrative support for the RC&D program including office space and staff.
The Ontario Lake Plains Resource Conservation and Development Area (Lake Plains
RC&D) received official authorization by the Secretary of Agriculture in March of 1998.
The Lake Plains RC&D covers approximately 2,378,600 acres within a six-county area in
western New York. The counties include Wayne, Monroe, Orleans, Genesee, Niagara and
Erie. The member sponsors include the six county Soil and Water Conservation Districts
and six county legislatures and supervisors. The member sponsors formed the Lake Plains
RC&D Council, Inc. a non-profit tax-exempt organization [IRS 501(c) (3)] to oversee their
activities.
6. U.S. Army Corps of Engineers (U.S. Dept. of Defense)
According to the US Army Corps of Engineers (USACE) Buffalo District website, the
district is responsible for flood control, navigation, shore protection, environmental
restoration, hazardous, toxic and radiological waste site management, and water resource
management and regulation.10
Dredging
Recent USACE activities within the Oak Orchard Watershed include maintenance dredging
of the Oak Orchard Harbor. As described in a February 2005 USACE Fact Sheet:
Oak Orchard Harbor is a shallow draft harbor. Construction of the harbor was authorized by
the 1945 River and Harbor Act. Project features include a Lake Approach Channel, an
Entrance Channel and a Harbor Basin. Two Jetties extend from the mouth of the Oak
Orchard River to form the harbor. The West Jetty is 900-feet long. The East Jetty extends
670-feet. A detached breakwater is situated at the end of the jetties and measures 550-feet.
9
SUNY Brockport. Black Creek Watershed State of the Basin Report. July 2003. Page 7.
US Army Corps of Engineers Buffalo District, “Mission Statement.” Retrieved 22 April from:
http://www.lrb.usace.army.mil/
10
24
The authorized federal channel depth is 10-feet in the outer Entrance and Lake Approach
channels, and 8-feet in the Harbor Basin.
The USACE contracts dredging project at the harbor at intervals of 3 to 5 years. It was last
dredged in 2004, when 8,000 cubic yards of sediment were removed.11 The dredged material
is disposed in a permitted open-lake disposal area.
Project Condition Surveys: USACE survey boats routinely document water depths and
shoaling within the Federal channel. The harbor survey documentation is made available for
use by local industries and the general public.
Breakwater (Pier) Maintenance: The USACE maintains the breakwater (pier) system through
both contract and in-house labor. Contractors are generally used to construct sheet pile,
concrete, or rubble-mound structures. Laid-up stone breakwater walls are rebuilt by USACE
labor and floating plant.
While hydraulic dredging has been used in the Oak Orchard Harbor in the past, mechanical
dredging—generally clamshell dredging—has typically been utilized during recent
operations.
Other USACE Activities in the Oak Orchard Watershed
The USACE began a project in or around 2001 in conjunction with the NYS Canal
Corporation to study the potential impacts that are likely to result from retaining water in the
Erie Barge Canal past the traditional seasonal navigation period (typically April to October).
In the past, upstream gates of the Erie Canal have been closed off in Niagara County,
thereby blocking water from entering the canal during the winter months. The natural flow
of the Oak Orchard River is greatly diminished during the late summer, fall and early winter.
In the absence of outflow canal water from the power station near the Medina Aqueduct and
siphons on other Oak Orchard tributaries, there can be little to no natural flow during this
time period. It is thought that the retention of water in the canal throughout the year can
provide a supplement to natural flows, thereby benefiting downstream recreational and
utilitarian uses throughout the year. Possible risks to water retention may include structural
damage to canal infrastructure due to freezing and thawing cycles. Possible benefits or
adverse effects to downstream properties and wildlife habitat are unknown and will likely be
considered carefully by all relevant agencies.
Clean Water Act and Federal Wetlands
•
Clean Water Act; Water Pollution Prevention and Control, U.S. C Title 33 Section 1251 The Clean
Water Act requires states to classify waters according to their best uses and to adopt water quality
standards that support those uses. Section 404 of the Clean Water Act requires that anyone interested in
depositing dredged or fill material into waters of the United States, including wetlands, must receive
authorization for such activities. The U.S. Army Corps of Engineers (USACE) has been assigned
responsibility for administering the Section 404 permitting process.
11
It is important to note that the USACE has recently made the decision to discontinue routine dredging of
recreational harbors in our region. This decision can have significant implications on the viability of Point
Breeze as a recreational harbor, as routine dredging is required to maintain adequate navigational depth for
larger vessels—particularly sailing vessels with keels. Furthermore, local municipalities are not in a position
to absorb the enormous costs associated with dredging activities.
25
7. U.S. Department of the Interior
U.S. Fish and Wildlife Service
The U.S. Fish and Wildlife Service (USFWS) mission is to conserve, protect and enhance
fish, wildlife and plants and their habitats for the continuing benefit of the American people.
The USFWS helps protect a healthy environment for people, fish and wildlife and helps
Americans conserve and enjoy the outdoors and our living treasures. The USFWS major
responsibilities are for migratory birds, endangered species, certain marine mammals and
freshwater and anadromous fish. The USFWS takes jurisdiction over listing for terrestrial
and native freshwater species. Under the Endangered Species Act the USFWS determines
critical habitat for the maintenance and recovery of endangered species and requires that the
impacts of human activities on species and habitat be assessed.
Iroquois National Wildlife Refuge
The first National Wildlife Refuge was established in 1903 by an Executive Order of
President Theodore Roosevelt, although Congress had endeavored to protect wildlife
resources through various pieces of legislation as early as 1864. Since the early 1900s, the
federal government has put forth several initiatives to conserve wildlife resources
throughout the country. The Fish and Wildlife Act of l956 established a comprehensive
national fish and wildlife policy and broadened the authority for acquisition and
development of refuges. The funds necessary to implement this authority were later
supplemented through the sale of Duck Stamps in 1958. It was through this initiative that
the Iroquois National Wildlife Refuge was established.
U.S. Department of Interior, Fish and Wildlife Service, Lower Great Lakes Fishery
Resources Office12
The Lower Great Lakes Fishery Resources Office (LGLFRO), opened in August 1991, was
established by the Great Lakes Fish and Wildlife Restoration Act of 1990 to support and
encourage the restoration, protection, maintenance, and enhancement of the fishery
resources of the international (lower) Great Lakes. Located in Amherst, NY, the LGLFRO
seeks to provide quality technical assistance to resource management agencies and the
public for the protection, restoration, and enhancement of interjurisdictional and
international natural resources. The Great Lakes Fish and Wildlife Restoration Act,
reauthorized in 1998, guides the activities of the office and outlines the following goals for
the Great Lakes basin:
12
•
Restore and maintain self-sustaining fishery resource populations
•
Minimize the impacts of contaminants on fish and wildlife populations
•
Protect, maintain, and where degraded and destroyed, restore fish and wildlife
habitat, including the enhancement and creation of wetlands that result in a net gain
of those habitats
US Fish and Wildlife Service. Retrieved 22 August 2005 from: http://www.fws.gov/.
26
•
Stop illegal activities adversely impacting fish and wildlife resource
•
Restore threatened and endangered species to viable, self-sustaining levels
•
Protect, manage, and conserve migratory birds
National Parks Service13
The Erie Canalway National Heritage Corridor was established on December 21, 2000 (P.L.
106-554, Title VIII, Sec. 801). According to the National Park Service, “National Heritage
Areas are places designated by the US Congress where natural, cultural, historical and
recreational resources combine to form a cohesive, nationally distinctive landscape arising
from patterns of human activity shaped by geography.”14 The Corridor covers 524 miles in
Upstate New York and includes four navigable waterways: the Erie, Champlain, Oswego
and Cayuga-Seneca Canals. The entire segment of the Erie Canal that traverses Orleans
county (and the Oak Orchard Watershed) is part of this Corridor. This segment is part of the
original Erie Canal system that was completed in 1825.
On June 17th, 2002, the National Park Service, in partnership with the State of New York,
formalized the 27-member Erie Canalway National Heritage Corridor Commission. The
purpose of this commission is to work with federal, state, and local authorities in creating
and implementing a Canalway Plan for the corridor that fosters the integration of canalrelated historical, cultural, recreational, scenic, economic and community development
initiatives. In June 2005, the Draft Preservation and Management Plan and Environmental
Assessment for the corridor was completed and made available for public review. This
document and other information relative to the Canalway can be found at the following NPS
website: http://www.eriecanalway.org/default.asp.
United States Geologic Survey15
The United States Geological Survey was established on March 3, 1879. The USGS offers
an immense array of services and data related to hydrologic research and development,
wildlife and fisheries management, invasive species, geographic information systems,
mapping, coastal management and watershed planning. While the USGS currently does not
have a great deal of information specific to the Oak Orchard Watershed, future projects and
collaboration are imminently feasible. Monroe County, for example, currently has an active
cooperative agreement with the USGS to monitor water quality and quantity data within the
Irondequoit Embayment.
8. Federal Energy Regulatory Commission (FERC)16
The Federal Energy Regulatory Commission is an independent agency that regulates the
interstate transmission of natural gas, oil, and electricity. FERC also regulates natural gas
13
National Park Service, “Erie Canalway.” Retrieved 19 March 2005 from: http://www.nps.gov/erie/index.htm.
National Park Service, “National Heritage Areas.” Retrieved 22 April 2005 from:
http://www.cr.nps.gov/heritageareas/FAQ/INDEX.HTM
15
United States Geologic Survey. Retrieved 19 March 2005 from: http://www.usgs.gov/.
16
Federal Energy Regulatory Commission. Retrieved 19 March 2005 from: http://www.ferc.gov/.
14
27
and hydropower projects. Several duties of the Commission include (but are by no means
limited to):
•
•
•
Regulation of the transmission and wholesale sales of electricity in interstate
commerce
Licensing and inspection of private, municipal, and state hydroelectric projects
Oversight of environmental matters related to natural gas and hydroelectricity
projects
Currently there is one FERC licensed Hydropower facility located in the watershed:
Oak Orchard Project, Project No. 3452-NY: Licensee - Brascan Power a subsidiary of
Brascan Corporation, License Type - Minor, License Issued - July 15, 1981, License
Expires - June 30, 2021, Location – New York State Barge Canal, Orleans County, New
York. Summary: The Oak Orchard Project is located along the New York State Barge
Canal (also known as the Erie Canal) system. The project utilizes the 300 cfs of surplus
water from canal operations released from the New York Barge Canal into the project
forebay during the navigation season. The “open” navigation season is usually from midApril through mid-November. During the winter, the canal is dewatered and the plant is
shut down. There are no recreational facilities associated with this project. Public access is
restricted to all project structures. There is no minimum flow requirement for this project
although the licensee releases minimum flow of 75 cfs over the spillway. (Reference:
Environmental Inspection Report FERC, NY Region, July 24, 2002, John Mark
Environmental Protection Specialist)
Other past FERC related licensing activities in the watershed:
Niagara Mohawk Power Company, Project No. 2667, Application for License 1967:
Niagara Mohawk Power Corporation filed on December 19, 1967, an application for a major
license for its constructed Oak Orchard River Project, located on Oak Orchard River in the
Towns of Ridgeway, Gaines, and Carlton, Orleans County, New York. Application for
License 1967 docketed as Project No. 2667. The application included two constructed
developments: Glenwood and Waterport. On March 26, 1980, the Commission issued an
order dismissing the application for Project No. 2667 for lack of jurisdiction.
Description of the Project: The project operates in a run-of the river mode and comprises
two developments: Glenwood and Waterport. All power generated is integrated into the
transmission system of the Applicant for ultimate delivery to its customers. The Glenwood
development commenced operation in 1903. The Waterport Development was constructed
in 1920. Together they have an installed capacity of 6150 kW, capable of an average annual
generation of 20,300 MWH. The last construction at the Oak Orchard River Project was in
1920. No changes have been made since 1935 which increased the project’s head,
generating capacity, or water storage capacity, or otherwise modified significantly the
project’s pre-1935 design or operation. Accordingly, Subsection 23(b) does not require
licensing of the project, which does not occupy any federal lands or utilize surplus water or
water power from a federal dam. The application of Niagara Mohawk Power Corporation
for a license for the constructed Oak Orchard Creek Project No. 2667 is dismissed for a lack
28
of sufficient evidence that it is required to be licensed under Subsection 23(b) of the Federal
Power Act. This dismissal is without prejudice to any future determination, on new or
additional evidence, that licensing is required. Niagara Mohawk Power Company, Project
No. 2667, FERC, Order Dismissing Application for License, dated March 26, 1980. (FERC,
May 15, 2003, letter to Congresswoman Slaughter).
New York State Programs
A number of State agencies and programs are relevant to Oak Orchard Watershed
management goals and objectives.
9. The Seaway Trail – National Scenic Byway
While not necessarily a “state” program, the seaway trail is nonetheless an important
resource worth mentioning. According to Donald D. Cox in his Book Seaway Trail
Wildguide to Natural History, the Seaway Trail extends from the Seaway International
Bridge at Rooseveltown, NY to the Rainbow International Bridge in Niagara Falls, NY and
was established by the New York State Legislature in 1980. Designated as a National
Recreation Trail in 1983, it is the longest of such trails in the United States.
Traveling east-to-west in Orleans County, the Seaway Trail follows State Highway 18
through the Towns of Yates and Carlton where it then continues through the Town of
Kendall to the City of Rochester and beyond via the Lake Ontario State Parkway. More
information on the Seaway Trail’s history, location, amenities and events can be found at
http://www.seawaytrail.com/.
10. NYS Department of State
NYS Division of Coastal Resources17
Local Waterfront Revitalization Program
The Department of State's Division of Coastal Resources works with communities
throughout New York State to help them make the most of what their waterfronts have to
offer. One specific programmatic area covered by the Division includes the Local
Waterfront Revitalization Program (LWRP). An LWRP was adopted by the Towns of
Carlton, Kendall and Yates in 2002 and was approved by the Division in 2004. The LWRP
is a locally prepared, comprehensive land and water use program for a community's natural,
public, working waterfront, and developed coastal area. The document provides a
comprehensive structure within which critical coastal issues can be addressed.
Significant Coastal Fish and Wildlife Habitat
A section of the Oak Orchard River within the Town of Carlton has also been designated as
a Significant Coastal Fish and Wildlife Habitat (SCFWH) by the Division. For each
designated SCFWH site, a habitat map and narrative are created that provide site-specific
information, including a description of the habitat, its fish and wildlife values, and an impact
17
http://nyswaterfronts.com/index.asp
29
assessment. There are 250 SCFWH sites designated statewide. The boundaries for each
designated site are mapped in the Coastal Atlas.
11. NYS Department of Environmental Conservation
The New York State Department of Environmental Conservation exists to: "conserve,
improve, and protect New York State's natural resources and environment, and control
water, land and air pollution, in order to enhance the health, safety and welfare of the
people of the state and their overall economic and social well being.”18
The DEC has evolved to include many departments and divisions, each charged with a host
of important duties and responsibilities.
Office of Administration
Division of Environmental Permits
The Division of Environmental Permits manages a system of permits known as the UPA
permits. These permits, under the Uniform Procedures Act or UPA, protect New York's air,
water, mineral, and biological resources. Administering these permits requires that we
inform the public concerning:
•
•
•
•
Permit applications;
Opportunities to provide information concerning a particular application,
Opportunities to review and comment on any environmental impact statements and
other Documents that may become part of the application.
Participation in any hearings concerning these applications.
NYS Environmental Quality Review Act19
As stated in the Black Creek Watershed State of the Basin Report:
The NY State Environmental Quality Review Act (SEQRA) requires all state and local
government agencies to consider environmental impacts equally with social and economic
factors during discretionary decision-making. This means these agencies must assess the
environmental significance of all actions they have discretion to approve, fund or directly
undertake. Additional information on Environmental Impact Assessment in New York State
is found at http://www.dec.state.ny.us/website/dcs/seqr/. (11)
NYS Freshwater Wetlands Act
Wetlands are transition areas between uplands and aquatic habitats. The Freshwater
Wetlands Act identifies wetlands on the basis of vegetation because certain types of plants
outcompete others when they are in wet soils, and so are good indicators of wet conditions
over time. Wetlands provide many functions and benefits including, flood and storm water
control, surface and groundwater protection, erosion control, pollution treatment and
nutrient cycling, fish and wildlife habitat, and public enjoyment.
18
NYSDEC, “Homepage.” Retrieved 10 July 2005 from: http://www.dec.state.ny.us/.
NYSDEC, Environmental Impact Assessment in NYS. Retrieved 29 March 2005 from:
http://www.dec.state.ny.us/website/dcs/seqr/index.html
19
30
The NYS Freshwater Wetlands Act protects wetlands by regulating activities that may occur
in freshwater wetlands and their adjacent areas. Adjacent areas are buffer areas outside
wetlands which extend 100 feet from the wetland boundary (in rare cases the adjacent area
may be larger). To conduct a regulated activity in a regulated wetland or its adjacent area, a
permit is required.
The NYSDEC has mapped protected wetlands in the state and classified them according to
their respective function, values and benefits. Wetlands may be Class I, II, III or IV. Class I
wetlands are the most valuable and are subject to the most stringent standards. A wetland
must be 12.4 acres or larger for protection under the Freshwater Wetlands Act. Smaller
wetlands may be protected when the NYSDEC Commissioner determines they have unusual
local importance in providing one or more of the wetland functions described in Article 24.
NYS Freshwater Wetlands Act (ECL 24-0403)
http://www.dec.state.ny.us/website/dfwmr/habitat/wetdes.htm)
http://www.dec.state.ny.us/website/dfwmr/habitat/fwwprog.htm )
Regulation of Dams
The NYS Dam Safety Unit of the NYSDEC is responsible for safety inspection of dams,
technical review of proposed dam construction or modification, monitoring of remedial
work for compliance with dam safety criteria, and emergency preparedness.20
Office of Natural Resources and Water Quality
Division of Fish, Wildlife and Marine Resources
The Division of Fish, Wildlife and Marine Resources is comprised of the Bureaus of Fish &
Wildlife Services, Fisheries, Habitat, Marine Resources, and Wildlife, as well as Divisionlevel offices. Staff is located throughout the state in Regional Offices, Program
Headquarters Offices and Field Stations.
The John White Wildlife Management Area is located in Genesee County on NYS Routes
63 and 77, 6 miles west of the Village of Oakfield and 1 mile south of the village of
Alabama. This 346 acre tract was originally acquired in 1945 as the John White Memorial
Game Farm and was managed for the production of ring-necked pheasants which were
stocked throughout New York State. This use changed in 1999 when the state’s game farm
production of pheasants was consolidated at the Reynolds Game Farm in Ithaca, N.Y. The
area became a Wildlife Management Area at that time. Management of the area has
included the establishment of permanent grasslands, agricultural uses, wetland development,
and public uses compatible with the area’s wildlife habitat values.
Oak Orchard and Tonawanda State Wildlife Management Areas: Quoting the DEC’s
description of the Oak Orchard and Tonawanda State Wildlife Management Areas:
20
NYSDEC. Retrieved 29 March 2005 from: http://www.dec.state.ny.us/website/dow/bfp/ds/index.htm
31
The Oak Orchard Wildlife Management Area is located in a historic wetland, 'the Oak
Orchard Swamp', created by a natural barrier across Oak Orchard River. This restriction is an
outcropping of dolomitic limestone located at Shelby Center that resisted the cutting action
of the River and created a huge wetland upstream. The Tonawanda area is located in the
Tonawanda Creek flood plain situated to the southwest of the Oak Orchard Swamp.
Historically, spring flooding by Oak Orchard and Tonawanda Creeks provided temporary
water areas for migrating waterfowl; but by late spring water levels would drop, leaving only
scant nesting habitat.
After the State areas were acquired, water levels were stabilized by constructing several
miles of dike and 60 water level control structures. To date, approximately 3,000 acres of
permanent marsh have been developed which is used extensively by waterfowl for nesting
21
and as a resting and feeding area during the spring and fall migrations.
More information on these two State Wildlife Management Areas—including public use,
maps and locations—can be found at the web address referenced below.
Comprehensive Wildlife Conservation Strategy: In order to make the best use of the State
Wildlife Grants program, Congress charged each state and territory with developing a
statewide Comprehensive Wildlife Conservation Strategy. These strategies will provide an
essential foundation for the future of wildlife conservation and a stimulus to engage the
states, federal agencies and other conservation partners to strategically think about their
individual and coordinated roles in prioritizing conservation efforts in each state and
territory.
As of the spring of 2005, the draft strategy for the Southwestern Lake Ontario drainage
basin (which includes the Oak Orchard/Twelvemile and Upper and Lower Genesee River
watersheds) was being reviewed by regional officials. The statewide plan is expected to be
completed by the end of 2005 and will detail conservation priorities within the Oak Orchard
Watershed.
2004 Fish Stocking List for Orleans County: As stated on the DEC’s website:
Each year DEC releases over one million pounds of fish into more than 1,200 public streams,
rivers, lakes and ponds across the state. These fish are stocked for two main purposes-- to
enhance recreational fishing and to restore native species to waters they formerly occupied.22
The following list reflects fish distribution for January 1 - December 31, 2004. The fish are
stocked with help from County Federated Sportsmen.23 Data listed for Genesee County did
not include any tributaries within the Oak Orchard Watershed.
Water (Town)
Johnson Creek (Carlton, Yates)
Lake Ontario (Carlton)
Number
6,700
40,000
21
Species
Steelhead
Brown trout
Size in inches
5.0
8.0
NYSDEC, “Oak Orchard and Tonawanda WMA’s.” Retrieved 20 April 2005 from:
http://www.dec.state.ny.us/website/reg8/wma/oak-tona.html.
22
NYSDEC. Retrieved 20 April 2005 from: http://www.dec.state.ny.us/website/dfwmr/fish/foe4clst.html
23
NYSDEC. Retrieved 20 April 2005 from: http://www.dec.state.ny.us/website/dfwmr/fish/stockorle.html.
32
Lake Ontario (Carlton)
Lake Ontario (Carlton)
Lake Ontario (Carlton)
Marsh Creek (Albion)
Oak Orchard River (Carlton)
Oak Orchard River (Carlton)
Oak Orchard River (Carlton)
Oak Orchard River (Carlton)
Oak Orchard River (Carlton)
Oak Orchard River (Carlton)
38,200
38,200
80,000
7,100
85,250
85,250
26,000
20,000
7,000
14,000
Lake trout
Lake trout
Lake trout
Steelhead
Chinook salmon
Chinook salmon
Coho salmon
Landlocked salmon
Steelhead
Steelhead
5.5
6.0
6.5
5.0
3.0
3.5
5.5
6.5
5.0
5.5
Chart retrieved 20 April 2005 from: http://www.dec.state.ny.us/website/dfwmr/fish/stockorle.html.
Division of Lands and Forests
The Division of Lands and Forests manages public lands in New York State and provides
leadership in forestry and forest management. The Department of Environmental
Conservation cares for about four million acres of state owned land or 13 percent of the land
area of New York State. This includes the Adirondack and Catskill Forest Preserves, State
Forests, Unique Areas and the State Nature and Historical Preserve. The Division of Lands
and Forests is responsible for the management, protection and recreational use of these
lands, the care of the people who use these lands and the acquisition of additional lands to
conserve unique and significant resources.
The Division of Lands and Forests is made up of four bureaus: Forest Preserve
Management, Private Land Services, Real Property and State Land Management.
NYS Open Space Conservation Plan: New York's Open Space Conservation Plan serves as
the blueprint for the State's land conservation efforts, which during the past several years has
conserved more than 394,000 acres of land across the State with an investment of $378
million in Environmental Protection Fund and Clean Water/Clean Air Bond Act funds.
The Open Space Plan contains: a comprehensive description of programs and policies that
affect the conservation of the State's open space resources; a compilation of major
conservation successes accomplished under the plan; a list of priority projects; conservation
strategies for major resource areas; evaluation and criteria used to determine Environmental
Protection Fund (EPF) and Clean Water/Clean Air Bond Act spending priorities; and
recommendations by regional advisory committees and the Governor's Quality Communities
Task Force to improve New York's open space conservation program.
The New York State Department of Environmental Conservation recently released the 2005
Draft Open Space Conservation Plan for public review and comment. A number of parkland
and trail and greenway projects are included in the list of priority conservation projects
developed by the nine Regional Advisory Committees. The Plan includes a new category,
"Multi-region Projects." Within this category one of the six projects recommended under
"Great Lakes Shorelines and Niagara River" is "Orleans County Projects such as Camp
Troutburg and Oak Orchard River." As a Priority Project in the plan they will be eligible for
funding from the Environmental Protection Fund. The full document and additional
information can be found at http://www.dec.state.ny.us/website/dlf/opensp/
33
Division of Water
NYS Water Quality Standards: The NYS water quality standards (6NYCRR parts 700-705)
contain the classification system for NYS surface and groundwater. The standards and
guidance values for surface water and groundwater quality and groundwater effluent
limitations are employed in these regulations, including in the SPDES system. Details of
this classification system can be found under Section 3.3.2.3.3. NYS Use and Protection of
Waters.
NYSDEC Priority Waterbodies List: The NYSDEC Priority Waterbodies List (PWL) is
required by Section 303(d) of the Clean Waters Act and is a section of the 305(b) Water
Quality Report made by NYSDEC to the U.S. Environmental Protection Agency (USEPA).
The PWL identifies waters that have one or more uses that are not fully supported or are
threatened by conditions or practices that could lead to declining water quality. The PWL is
used as a base for water program management.
NYS Use and Protection of Waters: Article 15 of the New York State Environmental
Conservation Law provides for the protection of rivers, lakes, streams and ponds of the
State. As stated by the NYSDEC:
Certain human activities can adversely affect, even destroy the delicate ecological balance of
these important areas, impairing the uses of these waters. The policy of New York State, set
forth in Title 5 of Article 15 of the Environmental Conservation Law (ECL), is to preserve
and protect these lakes, rivers, streams and ponds.24
The NYS Protection of Waters Regulatory Program is the implementing structure behind the
legislation. The classification system works as follows:
All waters of the state are provided a class and standard designation based on existing or expected
best usage of each water or waterway segment.
The classification AA or A is assigned to waters used as a source of drinking water.
Classification B indicates a best usage for swimming and other contact recreation, but not for
drinking water. Classification C is for waters supporting fisheries and suitable for non - contact
activities.
The lowest classification and standard is D.
Waters with classifications A, B, and C may also have a standard of (T), indicating that it may
support a trout population, or (TS), indicating that it may support trout spawning (TS). Special
requirements apply to sustain these waters that support these valuable and sensitive fisheries
resources. Small ponds and lakes with a surface area of 10 acres or less, located within the
course of a stream, are considered to be part of a stream and are subject to regulation under the
stream protection category of Protection of Waters.
To determine the classification and standard of a given watercourse, contact the Department of
Environmental Conservation regional office responsible for the area in which the watercourse is
located.
24
NYSDEC. http://www.dec.state.ny.us/website/dcs/streamprotection/index.html
34
Certain waters of the state are protected on the basis of their classification. Streams and small
water bodies located in the course of a stream that are designated as C(T) or higher (i.e., C(TS),
B, or A) are collectively referred to as "protected streams," and are subject to the stream
protection provisions of the Protection of Waters regulations.25
The Protection of Waters Regulatory Program regulates five different categories of
activities:
1.
2.
3.
4.
Disturbance of bed or banks of a protected stream or other watercourse.
Construction, reconstruction or repair of dams and other impoundment structures.
Construction, reconstruction or expansion of docking and mooring facilities.
Excavation or placement of fill in navigable waters and their adjacent and contiguous
wetlands.
5. Water quality certification for placing fill or undertaking activities resulting in a
discharge of waters of the United States.
•
Classification of Waters within the Oak Orchard Watershed
Oak Orchard Watershed Class A segments
Otter Creek from dam at Village of Albion water supply
Oak Orchard Watershed Class B segments
• Marsh Creek (enters Oak Orchard River at the Bridges)
• Sub-tributary of Oak Orchard River south of the Village of Oakfield to the source
Oak Orchard Watershed Class C segments
• All remaining waters in the Oak Orchard Watershed
Refer to (Map DEC stream Classification) (DECstream_classification.pdf).
State Pollution Discharge Elimination System: The 1972 Federal Clean Water Act had a
major impact on improving water quality throughout the country. By regulating major
industrial discharges and spending billions of dollars on improving municipal sewage
treatment plant facilities, water quality in many significantly degraded water bodies steadily
began to recover their benefits and uses such as fishing, swimming and aesthetics.
Despite significant pollution reduction, however, it was evident by the mid 1980’s that the
provisions of the 1972 Clean Water Act did not go far enough, as pollution in many water
bodies persisted. Congress addressed this deficiency by passing the 1987 amendments to
the Clean Water Act.
Among the various provisions in the 1987 amendments was a specific focus on nonpoint
source pollution. Pollution that emanates from diffuse areas and accumulates within
downstream waterbodies proved to be a significant source of water quality degradation that
was not being addressed by the original 1972 provisions. States were therefore required to
formulate and implement measures to control nonpoint sources of pollution from sources
such as urban storm water discharges, concentrated sewer overflows, and runoff from
25
NYSDEC
35
construction, agricultural and mining operations. The EPA developed the National Pollution
Discharge Elimination System (NPDES) to address these concerns. New York State’s
version of this system is referred to as the State Pollution Discharge Elimination System
(SPDES).
The NYSDEC Division of Water regulates both point and nonpoint sources of pollution
through the SPDES permits.26 Any municipal or industrial discharge to surface or ground
waters of the State require an individual SPDES permit. As stated in the Black Creek State
of the Basin Report:
SPDES permits limit the amounts and concentrations of pollutants in wastewater and are
written to assure that New York State water quality standards are met. Limits are based upon
achieving minimum waste treatment technology, further treatment to meet the water quality
standard of the receiving water for the contaminant, other known sources of the contaminant
upstream and downstream and the analytical methods and detection limits for the substances.
To control pollutant concentrations some industrial source owners are required to pretreat
wastewater before discharging it to a sewer system. Another component of the SPDES
program is wastewater treatment plant and collection system operations. (8)
In order to efficiently and effectively manage nonpoint sources of pollution the SPDES
permitting process for stormwater is being administered incrementally in phases. Phase I
SPDES stormwater permits addressed discharges from municipal separated storm sewer
systems (MS4s) that serve populations of 100,000 or more as well as construction sites that
disturb an area of five acres or more.
In January of 2003, the DEC began issuing Phase II Stormwater permits. These permits are
required for MS4s serving a population of 50,000 or more and for construction sites that
disturb an area of 1 acre or more of land. By default, the new Phase II permit includes all
entities formally regulated under the Phase I permit. For Phase II permits, regulated entities
are required to develop, implement and enforce a Stormwater Management Plan that
includes six minimum control measures:
1.
2.
3.
4.
5.
6.
Public education and outreach;
Public involvement and participation;
Detection and elimination of illicit discharges;
Control of runoff from construction sites disturbing one acre or more;
Control of post-construction runoff; and
Pollution prevention/good housekeeping for municipal operations.
There are currently no MS4s in the Oak Orchard Watershed that serve populations as large
as 50,000 people. It is anticipated, however, that the next phase of the SPDES program will
address all remaining MS4s, which would include the vast majority of municipalities and
institutions within the Oak Orchard Watershed.
Phase II Pre and Post Construction regulations apply to all construction activities that disturb
an area greater than or equal to 1 acre or more in New York State, regardless of the size of
area populations. The primary component of the permit is the Stormwater Pollution
26
For more information on SPDES permitting, see http://www.dec.state.ny.us/website/dcs/spdes/index.html.
36
Prevention Plan, which should address the technical standards put forth by the NYS
Standards for Erosion and Sediment Control guidebook. A number of significant
exemptions and exceptions apply to these rules.
While the DEC has always been flexible in enforcing the myriad SPDES regulations,
entities found to be in violation of these regulations are subject to stringent penalties,
including fines and incarceration, which can be imposed per violation on a daily basis.
SPDES permits are also required for Concentrated Animal Feeding Operations (CAFOs). A
CAFO can be loosely described as an agricultural operation that confines a large number of
livestock into a barn or feed lot for a distinct period of time. The 2004 General CAFO
regulations define the animal number thresholds that constitute medium and large scale
CAFOs, specific effluent management guidelines for those operations, as well as record
keeping requirements. The Agricultural Environmental Management (AEM) program has
been used to effectively bring farms into compliance with CAFO regulations.
While generally considered to be an acceptable part of a well-designed water pollution
control system, CSOs (Combined Sewer Overflow) can pose considerable threats to local
water bodies. A CSO occurs when a sewer system is inundated with stormwater or
snowmelt, thereby overflowing untreated municipal or industrial waste into receiving
waterbodies. There are several CSOs in the Village of Medina. While the EPA has issued
guidelines intended to address CSOs, no funding or regulatory mechanism has been created
to address the problem of CSOs.
Mines: The NYSDEC maintains a mined land reclamation database for mining activities that
are subject to state regulation. The mined land data for this project was obtained from the
Region 8 Office of the NYSDEC and contains the status of all permits as of August 12,
1993. A mined land reclamation permit is required by any person who mines or proposes to
mine a site more than 1,000 tons or 750 cubic yards, whichever is less, or mines or proposes
to mine over 1,000 cubic yards of mineral from or adjacent to any body of water not subject
to the jurisdiction of Article 15. Applications for permits may be submitted for annual terms
not to exceed five years. A mine of 5 acres or more is classified as a major project and is
subject to a public review period of thirty days.
Major changes to the mined land reclamation law were enacted in June 1991. The new
provisions of the mined land reclamation law specify the role of government in reviewing or
regulating mining activity. Local governments may enact and enforce laws of general
applicability, except they cannot regulate mining and/or reclamation activities regulated by
state statute. Local governments may enact and enforce local zoning laws which determine
permissible uses in zoning districts. When mining is designated as a permissible use in a
zoning district, conditions placed on special use permits are limited to the following:
1. Entrance and exist to and from the mine roads controlled by the local government.
2. Identification and approval of haul roads controlled by local government
3. Enforcement of reclamation requirements and special conditions listed on a DEC mining
permit concerning setbacks, public main road right-of-way, natural or manmade barriers
to restrict access, dust control and hours of operation.
37
4. Enacting or enforcing local laws or ordinances regulating mining or the reclamation of
mine not regulated by the State
12. NYS Department of Agriculture
NYS Agriculture Districts Law
Article 25AA of the Agriculture and Markets Law authorizes the creation of local
agricultural districts pursuant to landowner initiative, preliminary county review, state
certification, and county adoption. As of April 2002, 341 agricultural districts existed
statewide, containing approximately 21,500 farms and 8.6 million acres (about 30 percent of
the State’s total land area).
The purpose of agricultural districting is to encourage the continued use of farmland for
agricultural production. The Program is based on a combination of landowner incentives and
protections, all of which are designed to forestall the conversion of farmland to nonagricultural uses. Included in these benefits are preferential real property tax treatment
(agricultural assessment and special benefit assessment), and protections against overly
restrictive local laws, government funded acquisition or construction projects, and private
nuisance suits involving agricultural practices.27
Agriculture Environmental Management
The Agricultural Environmental Management (AEM) Program helps farmers meet economic
challenges and address environmental concerns while complying with regulatory
requirements. AEM is a state-wide, voluntary, incentive-based program designed to help
farmers better understand how their on-farm activities impact the environment. The
program is designed to guide farmers through the regulatory framework, provide funding for
on-farm improvements and encourage farmers to adopt methods that can effectively address
issues such as non-point source water quality concerns and other pertinent agriculture
environmental issues. In 2005, all counties in NYS are now required to develop a five-year
strategic plan to guide AEM activities in priority areas of concern. Plans are required to
emphasize the watershed approach to environmental management.
13. NYS Thruway Authority
NYS Canal Corporation
The NYS Erie Barge Canal and its infrastructure is regulated and maintained by the NYS
Canal Corporation, a subsidiary of the NYS Thruway Authority.
New York State Canal Recreationway Commission
27
NYS Department of Agriculture and Markets, “Agriculture Districts.” Last viewed 2/24/05 online at
http://www.agmkt.state.ny.us/AP/agservices/agdistricts.html.
38
The New York State Canal Recreationway Commission was created by the New York State
Legislature in 1992 under Article XIII-A, Section 138-a of the Canal Law, to advise the
Thruway Authority/Canal Corporation on canal-related activities.
Upon its formation, the Commission was instructed to develop a conceptual framework for
fostering the development of the Canal System into a recreationway system. As a result, the
Canal Recreationway Plan was prepared and was adopted by the Commission in August
1995. In September 1995 the Canal Corporation Board adopted the Recreationway Plan
with the stipulation that a detailed schedule of costs, funding and phasing be prepared for the
Plan’s proposals prior to implementation.
The New York State Canal Revitalization Program was completed in September 1996. The
$32.3 million, five-year program presented a realistic approach to Canal System
development. It focused on four major elements: Canal Harbors, Canal Service Port and
Lock Projects, the Canalway Trail, and a Canal System Marketing Plan.
In addition to maintaining and periodically revising the Canal Recreationway Plan, the
primary responsibility of the Commission is to make recommendations concerning the
future of the Canal System. Embodied in the Commission’s vision are three fundamental
goals:
•
•
•
Preserving the best of the past.
Enhancing recreational opportunities.
Fostering appropriate and sustainable economic development.28
Erie Canal Greenway
On May 27, 2005 Governor Pataki announced a new plan to create an "Erie Canal
Greenway." The plans calls for preserving natural landscapes along the canal and offers
new recreational opportunities. The long term goal is to link the new greenway with the
Niagara and Hudson Valley River Greenways. Creating the Empire State Greenway that
would be the most magnificent system of greenways and trails and waterfront properties
anywhere in the country.
14. NYS Office of Parks, Recreation and Historic Preservation
The mission of the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) is
to provide safe and enjoyable recreational and interpretive opportunities for all New York
residents and visitors, and to be responsible stewards of the valuable natural, historic and
cultural resources entrusted to the agency. New York's 151 State Parks and 34 Historic Sites
are recognized as unique and irreplaceable public assets. The New York State Park System
encompasses over 260,000 acres of land and water. State Parks include a diverse array of
forested, mountain, riverine, marine, meadow, and coastal environments, as well as
28
New York State, “Canal Recreationway Commission.” Retreived July 21 2005 from
http://www.canals.state.ny.us/welcome/canalrec.html
39
developed picnic areas, campgrounds, trails, ballfields, playgrounds, and swimming pools.
OPRHP activities and/or facilities in the watershed include:
The Western Erie Canal Heritage Corridor, which is located in the northern portion of the
watershed, is part of the New York State Heritage Area System. This heritage corridor was
established by legislation in 1999. At the same time, a planning commission was established
and charged with creating a management plan for the heritage corridor. In May 2004, the
planning commission completed this management plan after a five-year, inclusive
community planning process. The management plan has been completed and officially
approved by the legislatures of its five counties and was approved on August 31, 2005 by
Commissioner Bernadette Castro of the NYS Office of Parks, Recreation and Historic
Preservation.
Regional programs • Not for Profit Organizations
15. Cornell Cooperative Extension
Cornell Cooperative Extension (CCE) has programs to conserve and ensure the quality of
water supplies, promote environmental stewardship and community, agricultural and
residential environmental enhancement, prepare youth to make informed environmental
choices and enhance science education through the environment. CCE has offices in both
Orleans and Genesee Counties and can be an important collaborator with water quality
research, education and outreach activities in the watershed.
16. Finger Lakes/Lake Ontario Watershed Protection Alliance (FL/LOWPA)
The Finger Lakes-Lake Ontario Watershed Protection Alliance is an alliance of 25 counties
in the Lake Ontario Watershed. Its mission is to protect and enhance water resources by
promoting the sharing of information and resources related to the management of
watersheds, to foster dynamic and collaborative watershed management programs and
partnerships and to emphasize an ecosystem-based approach to water quality improvement
and protection. FL/LOWPA has provided funding for the Oak Orchard watershed State of
the Basin Report.
17. Genesee/Finger Lakes Regional Planning Council (G/FLRPC)
G/FLRPC is a public organization created to facilitate cooperation among neighboring
communities. It is a forum for the exchange of ideas and problem resolution and to initiate
actions that enhance the economic, environmental and social qualities of the region.
Genesee and Orleans Counties are part of the nine-county G/FLRPC region, which also
includes Livingston, Monroe, Ontario, Seneca, Wayne, Wyoming and Yates Counties. For
more information on G/FLRPC programs and publications, visit www.gflrpc.org.
40
18. Genesee Transportation Council
The U.S. Department of Transportation requires every metropolitan area with a
population over 50,000 to have a designated Metropolitan Planning Organization
(MPO) to qualify for receipt of federal highway and transit funds. The Governor of
New York State designated the Genesee Transportation Council (GTC) as the MPO
responsible for transportation planning in the nine-county Genesee-Finger Lakes
region, which includes Genesee, Livingston, Monroe, Ontario, Orleans, Seneca,
Wayne, Wyoming, and Yates counties.29
Regional Trails Initiative
The Regional Trails Initiative is a cooperative trail planning effort administered by GTC
covering its entire 9-county region. As stated in the 2004 Action Plan:
The purpose of this initiative is to develop a comprehensive and achievable action plan for community
leaders to create and maintain a safe, accessible, and highly functional regional trails system that is
fully integrated with the existing transportation system, and constitutes a nationally recognized
distinguishing feature of this region.
The total Regional Trails System Phase 2 budget for the nine county region is $94.6 million
dollars (this includes near, mid, and long-term recommendations spanning years 2004
through 2015).
One major trail within the Oak Orchard Watershed has been suggested that would connect
the Erie Canal to Lake Ontario, traveling along or near the Oak Orchard River corridor. It is
estimated that it would cost approximately $4.3 million to build a 22 mile multi-use crushedstone trail between these points. In the absence of significant public support and planning,
however, it is not likely that such a trail will be constructed in its entirety in the near future.
Efforts have been made by local organizations and citizens to apply for and obtain funds for
the planning and construction of a segment of this trail that would connect the Erie Canal in
the Village of Medina with Glenwood Lake in the Village of Medina and the Town of
Ridgeway. An application for funds for planning such a trail was submitted by local
officials in 2004 and denied (funding is awarded on a competitive basis). A similar
application will be submitted for re-consideration in 2005. More information on the
Regional Trails Initiative can be found at GTC’s website.
19. New York Sea Grant
The New York Sea Grant (NYSG) is charged with formulating and funding scientific
research and in disseminating science-based information for coastal decision-making and
education, as well as a key collaborative force for wise management, economic development
and conservation of New York’s and the National Coastal assets. NYSG is funded by the
National Sea Grant College Program (part of NOAA and the US Dept. of Commerce) and
29
Genesee Transportation Council, “About the Council.” Retrieved 21 March 2005 from:
http://www.gtcmpo.org/
41
New York State. Within New York, NYSG is a joint program of Cornell University and the
State University of New York. A Board of Governors establishes NYSG policy and
oversees its operations and budget. NYSG uses stakeholder advisory groups to obtain input
and feedback on programmatic value and priorities. The program’s main administrative
offices are at Stony Brook University; extension administration is located at Cornell
University campus in Ithaca. Research proposals are solicited from campuses throughout
NYS and beyond. The proposals are rigorously reviewed to select high quality research that
addresses the region’s most pressing coastal issues and opportunities. Extension
professionals are all specialists in one or more technical fields related to coastal resources
and are located near their audiences at offices across the state.
20. The Trust for Public Land (TPL)30
“The Trust for Public Land (TPL) is a national, nonprofit, land conservation organization that conserves land
for people to enjoy as parks, community gardens, historic sites, rural lands, and other natural places, ensuring
livable communities for generations to come.”
The Trust has acquired thousands of acres of land in Monroe and Wayne counties and has
brokered successful management strategies to provide for long-term care of the lands and
related facilities. While the Trust has not yet acquired lands in Orleans County, some
opportunities may be identified (such as through the Trust’s Great Lakes Greenprint project)
or brought to the Trust’s attention through other means.
The Great Lakes Greenprint
The Great Lakes Greenprint is an ongoing TPL project scheduled for completion in the
summer of 2005. Regarding the project, TPL’s website states:
The Great Lakes Greenprint…seeks to take a comprehensive look at opportunities for land protection
and public access along the shorelines of the lakes and their major tributaries in New York State. TPL
does not oppose development. It recognizes that lakefronts often represent a substantial portion of a
municipality’s tax revenue. It maintains, however, that there are areas along the shoreline of the lakes
that can and should be protected in order to protect wildlife habitat, recreational opportunities, water
quality, and quality of life.31
21. The Nature Conservancy
The mission of The Nature Conservancy (TNC) is to preserve the plants, animals and natural
communities that represent the diversity of life on Earth by protecting the lands and waters
they need to survive.
Like the Trust for Public Land, TNC has a land protection and property acquisition program
that is active in Upstate New York. TNC currently has stakes in areas such as the
Montezuma Wetlands Complex, the Canandaigua Lake area, the Honeoye Valley, the Tug
Hill Plateau and Braddock’s Bay. While TNC currently has no properties within the Oak
30
Trust for Public Land. Retrieved 21 March 2005 from: http://www.tpl.org/index.cfm.
Trust for Public Land, “Great Lakes Greenprint.” Retrieved 21 March 2005 from:
http://www.tpl.org/tier3_cdl.cfm?content_item_id=12324&folder_id=2426.
31
42
Orchard Watershed, the organization is nonetheless an important resource to keep in mind
regarding future land use planning within the watershed.
22. Water Education Collaborative
The Water Education Collaborative (WEC) is a coalition of organizations that work together
to increase water quality education in the communities in the Genesee region. The mission
of the WEC is to focus the combined resources of member organizations to provide water
quality education services to the public within the watersheds of the Genesee Region. This
is accomplished by: 1) educating and involving citizens in protecting water quality, 2)
serving as a resource/clearinghouse for water quality education programs, and 3) seeking the
resources to support water education programs.
While the Oak Orchard Watershed lies outside of the traditional geographic region served by
WEC, the organization is open to assisting other organizations in the Rochester area with
education and outreach.
County Programs
23. Water Quality Coordinating Committees (WQCCs)
Water Quality Coordinating Committees (WQCCs) represent municipalities, agencies and
organizations that conduct planning, education, regulation or operations that affect water
quality. The WQCC identifies water quality problems, prioritizes needed actions, seeks
funding for projects, coordinates programming and recommends policy to protect and
improve water resources in the County and its watersheds.
24. Soil and Water Conservation Districts
Overall management of soil and water resources in Genesee and Orleans Counties is
facilitated and directed by county Soil and Water Conservation Districts (SWCDs). As
stipulated in the NYS Soil and Water Conservation Districts Law, local soil and water
conservation districts may be created on a county-by-county basis through an act by the
county legislature (NY CLS Soil & W Con Dist § 5, 2003). SWCDs play a largely
prescriptive role in the monitoring and assessment of both public and private water and soil
quality, as well as in the design and implementation of any necessary mitigation plans.
Cooperation between local and state agencies is encouraged under the SWCD law, although
state and federal lands do not fall within the jurisdiction of either county or municipal
governments, making cooperative agreements strictly voluntary. SWCDs play a pivotal role
in watershed, recreation and conservation planning, management, stewardship and education
and outreach activities across NYS counties.
County Water Quality Strategies
The latest Orleans County Water Quality Strategy was completed by the Orleans Co. SWCD
in July 2001; Genesee County’s strategy was last updated in early 2005. The strategies
43
identify priority water quality problem areas (Typically the PWL format developed by the
DEC) and priority objectives that will help address those problems.
County Agricultural Environmental Management Strategies
As stated in Section 3.4.2. above, county SWCDs are required to develop 5 year AEM
Management Strategies to guide operations within their respective counties.
25. County Health Departments
County Health Departments manage and regulate county sanitary codes and are responsible
for onsite sewage disposal systems. Counties without health departments may assume
responsibility for upholding the State Sanitary Code by adopting their own sanitary codes,
which may be more stringent than the State’s. In a county with neither a health department
or a code, the local code enforcement officer administers the New York State Sanitary Code.
Genesee, Orleans, Wyoming and Monroe Counties have health departments.
Local programs in towns and villages – “Home Rule”
In New York State, local municipalities have significant land use powers that can be used to
effectively address a wide variety of environmental issues. The comprehensive plan, zoning
and a host of tools such as site plan review, subdivision regulation, erosion and sediment
control ordinances and special use permits can be used separately or in combination to
produce the desired environmental outcomes of a community in a specific area or
throughout an entire jurisdiction. Often municipalities can hire an engineering or planning
consultant to perform drainage studies or environmental impact assessments that inform
local leaders and citizens how to apply land use planning authority wisely in regard to water
quality and quantity.
Chart: Municipal Land Use Controls Currently in Place in the Oak Orchard Watershed
Municipality
Master Plan
Zoning
Subdivision
Genesee County32
Alabama Town
Batavia Town
Byron Town
Elba Town
Elba Village
Oakfield Town
Oakfield Village
1987; amended through June
2000
Under Review
1993, revisions
1997
1993
1999
1976
Under Review
2004
through
1998; amended thru 2004
NONE
1994
1997; amended thru 2004
1988; amended through 1997
1990, amended through 2001
1996, amended thru 2002
1987; amended through 2001
1991
2002
1973
1992
1992
yes; date unknown
Jan 1997
Information unavailable
Yes, date unknown
1999
1993; amended through 1997
Information unavailable
yes; date unknown
Site Plan Review
Information unavailable
1992
Orleans County
Albion Town
Albion Village
Barre Town
Carlton Town
Clarendon Town
Gaines Town
Kendall Town
32
yes; date unknown
1996
Information unavailable
1991
1998
Yes; date unknown
Information unavailable
1997
Information unavailable
Verification provided by Matt Balling, AICP, Genesee County Planning Department
44
Municipality
Master Plan
Zoning
Subdivision
Ridgeway Town
Medina Village
Shelby Town
Under development
Joint Town/Village – 1967
Joint Town/Village – 1967
1994
1990
2000
1997
Site Plan Review
Site Plan Review
While time and resources did not allow for a comprehensive review of local laws and
ordinances among all of the municipalities within the Oak Orchard Watershed, the following
selected examples provide a useful illustration of the type of land use control devices that
have been implemented successfully by towns and villages in the watershed.
26. Town of Carlton – example of “Home Rule” Principle
Article V, Section 560 of the Town of Carlton’s zoning regulations establishes the Oak
Orchard Creek Preservation District. As stated in the language of the ordinance, the purpose
of the district is “to protect and preserve the unique and irreplaceable natural condition of
the Oak Orchard River waterway and its adjacent land resources, as well as serving to
protect, preserve, and where practical, restore those areas determined to be significant
coastal fish and wildlife habitats…”. The ordinance establishes guidelines for new
construction and the harvesting, cutting, removal or thinning of creek-side vegetation.
Carlton’s comprehensive plan further cites, in detail, the Oak Orchard River Gorge and its
various attributes as crucial scenic, recreational and cultural resources to be protected,
preserved and, in certain instances, enhanced.
27. Oak Orchard Small Watershed Protection District
Genesee County Soil and Water Conservation District, Orleans County Soil and Water
Conservation District, Orleans County Board of Supervisors, and the Genesee County
Legislature established the Oak Orchard Small Watershed Protection District (Watershed
District) on May 10, 1978. The Watershed District was formed to administer the plan of
work identified in the Plan & Environmental Impact Statement for Oak Orchard Creek
Watershed prepared by the USDA, Soil Conservation Service in May 1975. The application
for assistance was made to the Secretary of Agriculture for preparing and providing funding
for a plan of work for improvements within an area of approximately 39,860 acres located in
the Oak Orchard Watershed. Approval of assistance was made under the authority of the
Watershed Protection and Flood Prevention Act (P.L. 566, 83d Congress; 68 Stat. 666).
The project was authorized for operations on September 2, 1976.
SUMMARY OF PLAN
•
•
•
Oak Orchard Small Watershed Protection District is located in Orleans and Genesee
Counties, New York has a drainage area of 39,860 acres.
The Sponsoring Local Organizations are the Genesee County Legislature, the
Genesee County Soil and Water Conservation District, Orleans County Board of
Supervisors, Orleans Soil and Water Conservation District.
The primary resource problem is periodic inundation of high value vegetable crops
on about 6,560 acres of muckland. Excess runoff from the upland areas floods the
muck on an annual basis. Sheet erosion rates of up to 6.4 tons per acre per year
45
•
•
occurs on steep cropland. The muckland is damaged by wind erosion. Subsidence is
accelerated through the lack of water level controls.
This plan provides for installation of land treatment measures, about 100 structures
for water control, and about 90 miles of channel work.
Land use within the area consists of 34% cropland (upland), 16.5% cropland (muck),
15% open land formerly cropped, 4.1% pastureland, 19.4% forest land, 4.0% urban land
and 8.8 % other land.
A supplemental watershed plan agreement was completed in September 1979 designating
the Oak Orchard Small Protection District as a sponsor of the watershed project.
Resolutions creating “Oak Orchard Small Watershed Protection District Administrative
Board” (Oak Orchard Administrative Board) was approved by both Counties in January
1979. The Oak Orchard Administrative Board is authorized to carry out functions relating
to the construction and improvements in the Oak Orchard Small Watershed Protection
District and the operation and maintenance of the District.
Laws Authorizing the Watershed District
Subdivision 2 of Section 223 of the County Law empowers each governing body (in the case
of the County of Orleans, New York, the “County Legislature) of a county to appropriate
and expend county funds for the protection of public and private property within the county
from floods and to conserve the soil from erosion and for any function or purpose which
otherwise may be undertaken or performed by a small watershed protection district
established pursuant to Article 5-D of the County Law;
Article 5-D of the County Law Section 299-m sets forth the purposes for which such a
district is established:
“The Board of Supervisors of each county may establish or extend county small
watershed protection districts in the manner hereinafter provided, for the purpose of
undertaking, constructing and maintaining projects and works of improvement for
flood prevention, land treatment, and for the conservation, development, disposal
and utilization of water including but not limited to use for irrigation…”
Under Sections 299-q and 299-r of the County Law, the costs of establishing the district and
furnishing improvements therein may be assessed against benefited properties.
In 1972, the Office of the Attorney General of the State of New York rendered an Opinion
that states that “County small watershed protection districts are local organizations
functioning as administrative units of county governments, and their facilities and funds are
public.”
g. State of the Basin Report Stakeholders
Stakeholder: One who has a share or an interest, in an enterprise (The American
Heritage Dictionary).
46
1. Federal Agencies
USDA Natural Resources Conservation Service
USDA Farm Service Agency – Genesee & Orleans County
US Army Corps of Engineers
US Fish and Wildlife Service - Iroquois National Wildlife Refuge - US Fish and
Wildlife Service - Lower Great Lakes Fishery Resources Office
Federal Energy Regulatory Commission
National Park Service - Erie Canal National Heritage Corridor
US Geological Survey
2. State Agencies
New York State Department of Environmental Conservation
New York State Department of State - Division of Coastal Resources
New York State Thruway Authority - New York State Canal Corporation
3. County Agencies
Cornell Cooperative Extension of Orleans County
Cornell Cooperative Extension of Genesee County
County of Orleans Department of Planning and Development
County of Genesee Department of Planning and Development
Genesee County Soil and Water Conservation District
Orleans County Soil and Water Conservation District
Orleans County Legislature
Genesee County Legislature
Orleans County Health Department
Genesee County Health Department
Orleans County Water Quality Coordinating Committee
Genesee County Water Quality Coordinating Committee
Orleans County Tourism
4. Towns and Villages Governments
Orleans County
Towns - Albion, Barre, Carlton, Clarendon, Gaines, Kendall,
Ridgeway and Shelby
Villages - Albion and Medina
Genesee County
Towns - Alabama, Batavia, Byron, Oakfield and Elba
Villages - Elba and Oakfield
5. Regional Planning Councils, Commissions, Associations, Districts
Lake Plains Resource Conservation and Development Council
Genesee/Finger Lakes Regional Planning Council
Western Erie Canal Heritage Corridor Planning Commission
Erie Canal National Heritage Corridor Planning Commission
Glenwood Lake Commission
Lake Alice Waterfront Owners Association
Oak Orchard Small Watershed Protection District
Finger Lakes - Lake Ontario Watershed Protection Alliance
47
6. Special Interest Organizations
Orleans County Farm Bureau
Genesee County Farm Bureau
Ducks Unlimited
Oak Orchard Power Squadron
The Seaway Trail
Trout Unlimited
Oak Orchard Yacht Club
Sportsmen’s Clubs: Depew
Orleans County Chamber of Commerce
7. Businesses
Brascan Power
Island Jack’s Underwater Adventures
Keeler Construction Company, Inc.
Narby’s Superette & Tackle
Charter Boat Captain’s
Oak Orchard Canoe & Kayak Experts
Orleans Outdoor
Star Growers
Harbour Pointe Country Club
Gaines Valley Aviation
Stone Barn Farm
Forrestel Farm Riding & Sports Camp
Ebb Tide Kennels & Stables
CY Farms LLC
Kempland Farm
8. Colleges and Universities
Niagara County Community College at Medina
Genesee Community College – Albion Campus
SUNY College at Brockport – Environmental Science & Biology Department
The above list is based on those who have contacted the Oak Orchard Watershed
Protection Alliance or attended a meeting. A complete listing of those contacted about
the State of the Basin Report is included in the project file.
h. Public Involvement in Report Preparation; Contributors
1. Outreach goals and task
One of the guiding principles in the watershed planning process is noted in the Coastal
Conservancy Watershed Planning Guide (02/27/01)
All too often, planning efforts fail to consult the ones most affected: landowners
and other stakeholders…. If community concerns are truly validated from the
48
beginning, with stakeholder participation in setting the goals and priorities,
there is a much greater likelihood of success.
With this in mind, one of the most important goals of the Oak Orchard Watershed
Protection Alliance was to inform people about the study and to encourage participation.
Oak Orchard Watershed Protection Alliance outreach goals include:
•
•
•
•
•
Solicit comments regarding local concerns, local resources and historical
information;
Capture the range of public issues from as broad a group of participants as possible;
Obtain useful information from stakeholders;
Establish realistic citizen expectations regarding the study scope and outcomes;
Create a mechanism for communication that facilitates constructive dialogue
between individuals and groups.
To achieve these goals, the following tasks were identified:
•
•
•
•
•
Publicize and organize community meetings
Prepare a presentation summarizing the project, watershed issues, the need for the
watershed plan and ways to get involved
Conduct monthly open meetings, capturing local concerns and opportunities
Prepare a document addressing all concerns identified by the community
Add public meeting attendees to the mailing list data base
2. A Coordinated effort to reach out to diverse stakeholders
The watershed covers a large area, and provides a variety of uses and benefits to the
community. The water resources provided by the Oak Orchard Watershed provide
residents and visitors with the ability to utilize water for recreation, economic benefit,
and aesthetic enjoyment. The coordinated effort of all stakeholders within the watershed
to identify those uses and benefits can only enhance the use and enjoyment for years to
come. From the mouth of the river where the economy is driven by recreation, tourism
and the sale of waterfront property, to electric power generation below two reservoirs,
the ecological value of wildlife refuges bordering both counties, and the agricultural
benefits including the unique muck land soils, this watershed is vital to both Orleans and
Genesee County. This State of the Basin Report is the first step in the development of a
comprehensive watershed management plan. A watershed management plan will be
vital, as development pressure increases, to manage and conserve the water resources
that so many people depend on.
To reach out to the community and diverse stakeholders the Genesee and Orleans
County Soil and Water Conservation Districts assisted with the creation of the Oak
Orchard Watershed Protection Alliance. The Oak Orchard Watershed Protection
Alliance’s goals include encouraging participation and input from all of the stakeholders
with the development of the “Oak Orchard Watershed State of the Basin Report”.
49
3. Oak Orchard Watershed Public Information Meeting
To introduce the idea of developing a “State of the Basin Report” to the community, the
Genesee and Orleans County Soil and Water Conservation Districts sponsored a “Public
Information Meeting” at the Orleans County Fairgrounds in Knowlesville on June 30,
2004. In order to reach out to as many people as possible, the meeting planners identified
a list of potential watershed stakeholders including:
•
•
•
•
state, regional, county, town and village governments;
businesses and farmers;
residents; environmental conservationists; and
those who enjoy recreation in the watershed.
As a result of these efforts, a mailing list was created that included approximately 400
names. A meeting notice was prepared and mailed out to this list; notices were also put
in local newspapers and other notices were distributed by email. As a result of these
efforts, approximately 40 people attended the Public Information Meeting. This first
meeting is considered the “starting point” for the Oak Orchard Watershed planning
process.
The public meeting was designed to introduce the concept and benefits of watershed
planning and to share information about the Oak Orchard Watershed. Speakers presented
information on the watershed planning process, a historic look at the watershed, an
overview of water quality problems in the Great Lakes Basin, and current uses of the
Oak Orchard River. In addition, participants were asked to share their ideas about the
problems and opportunities that exist in the watershed during an open public comment
period.
The result of this meeting was that participants who live and work in the Oak Orchard
Watershed were able to begin to identify problems in the watershed, resources that
should be preserved, and persons, agencies and organizations that should be involved in
preparation of a watershed plan.
A summary of comments from workshop participants
Appendix_I(i)_Public Meeting Forms and Comments.
is
included
as
4. Formation of the Alliance
The first meeting of the Oak Orchard Watershed Protection Alliance was held on August
12, 2004 at the Orleans County Soil and Water Conservation District Office in Albion.
The purpose of the first meeting was to initiate the establishment of the Oak Orchard
Watershed Protection Alliance. The desired outcomes of the meeting were:
•
•
•
•
Meet others with a common interest in the Oak Orchard Watershed;
Reach a common understanding about the Finger Lakes – Lake Ontario Watershed
Protection Alliance (FL-LOWPA) Special Projects Grant, timeline and products;
Prioritize first tasks for Oak Orchard Watershed Protection Alliance;
Agree on a process for working on the development of an Intermunicipal Agreement
between Genesee and Orleans Counties;
50
•
•
Propose additional people that should be contacted; and
Discuss location and times for regular meetings.
Since this initial "kick off meeting", meetings have been held once every month at
different locals in the watershed in an effort to involve as many people as possible.
These meetings are open to the public. Fifteen meetings have been held (not including
the Public Meeting) and the total attendance count has been 220 people or an average of
14.67 people per meeting, 55 individuals have attended the meetings. (Based on
November 2005 data).
The active members of the Oak Orchard Watershed Protection Alliance include state,
regional, county, town and village officials, citizens, academic professionals, and
representatives of environmental, recreation and homeowners associations. The current
public interest database includes over 420 names.
5. Intermunicipal Agreement between Genesee and Orleans Counties
One goal of the Oak Orchard Watershed Protection Alliance was to facilitate the signing
of an Intermunicipal Agreement (IMA) between Genesee and Orleans County. The
agreement is intended to document that the Counties recognize the benefits of
cooperating on watershed planning and coordination of water quality management
within the Oak Orchard Watershed. The IMA does not include a financial commitment.
The IMA helps document the support of the County Legislature and elected officials in
the planning effort. It is also a way to get them involved and aware of the watershed
management activities that are taking place. The IMA was also a good tool to introduce
the county legislators to the watershed planning process and to the activities of the Oak
Orchard Watershed Protection Alliance. County representatives started work on the
development of the agreement during the fall of 2004. The Genesee County Legislature
approved the IMA on November 10, 2004. The Orleans County Legislature approved
the IMA on December 22, 2004.
6. Encourage participation by all municipalities in the watershed
It is essential to involve every watershed municipality in the process. Municipal
representatives were contacted to obtain local information and to learn about local
problems and concerns. In developing the Oak Orchard Watershed Protection Alliance
database, representatives from every county, town, village, Soil and Water Conservation
District and Cooperative Extension Office was included.
Even though every
municipality is not currently actively involved, we try to keep them up-to-date on Oak
Orchard Watershed Protection Alliance activities. This is done through monthly
mailings of meeting agendas and minutes. Copies of the newsletter and special notices,
and regular email correspondences are also provided.
7. OOWPA newsletters and mailings
The primary method of contact with residents in the watershed who have expressed
interest in the watershed planning effort and water quality issues in general continues to
be through direct mailings and email notices. Approximately 420 families, individuals
and community representatives receive regular correspondence and updates through this
medium.
51
The email database currently contains approximately 74 names.
In addition, a newsletter was prepared and widely distributed on April 14, 2005.
Depending on funding, subsequent newsletters may be developed as part of a continuing
public information effort.
Meeting notices with agenda and minutes have been mailed or emailed to those who
have requested to be on the mailing list since August 2004. The current monthly mailing
list has 119 names (74 emails + 45 mailing addresses).
8. News/media coverage
During the initial phases of the development of the Oak Orchard Watershed Protection
Alliance, and during the development of the State of the Basin Report we provided
news releases to the following local newspapers: Democrat & Chronicle, Medina
Journal Register, Westside News, Buffalo News, Batavia Daily News, County Folks
Western New York Addition and the Lake Country Pennysaver. News releases were
sent on June 15, August 12, September 15, October 13, November 17, 2004, and
February 23, August 31, and September 29, 2005. News coverage included a story
titled “Community invited to join Oak Orchard Watershed planning alliance” dated
August 8, 2004; the story was in the Hamlin-Clarkson Herald and Suburban News West
Edition. Another story appeared in the Medina Journal – Register on August 24, 2005
titled Science of Water – Group looks at Oak Orchard Watershed. The Oak Orchard
Watershed Protection Alliance to meet” Hamlin-Clarkson Herald and Suburban News
West Edition September 4, 2005 and the Hamlin-Clarkson Herald and Suburban News
West Edition October 9, 2005 titled “Oak Orchard Watershed meeting Oct. 12”. A
story also appeared in the Batavia Daily News titled “Experts study Oak Orchard
Watershed”, dated September 29, 2005.
9. Website development
Information on the Oak Orchard Watershed Protection Alliance activities has been
posted on the Lake Plains RC&D website since October 2004. Their website address is
www.lakeplainsrcd.org. The Oak Orchard Watershed information can be viewed by
clicking on “Oak Orchard Watershed” at the bottom of their Home page. Information
provided includes:
• Meeting announcements and directions;
• Agenda, and Meeting minutes;
• Newsletter
• General information about the watershed;
• State of the Basin Report document status
• Links to stakeholders and other information resources
A website was also created by the Consultant (SUNY Brockport) specifically for this
project (http://vortex.weather.brockport.edu/~jzollweg/oakorchard/). This website shows
the status of the State of the Basin report, maps, and data files.
52
We hope to establish an Oak Orchard Watershed web site in the future.
recommended site name would be www.oakorchardwatershed.org.
The
10. Comment request forms
Comment request forms were provided during the Public Information Meeting (June
2004) and were included in the mailing with the Newsletter (April 2005). The comment
request form served several important functions: it provided the public with a means of
providing the Alliance administration with written comments; it provided an opportunity
for individuals to provide the Alliance with recommendations for improving the public
outreach/planning process and; the form also provided the community with a method to
participate without attending an Oak Orchard Watershed Protection Alliance meeting.
A copy of the “Comment Form” is included in Appendix_I(i)_Public Meeting Forms
and Comments.
The comments were compiled into a report and incorporated in the State of the Basin
Report.
A copy of the Summary of Public Comments can be found in
Appendix_I(i)_Public Meeting Forms and Comments.
11. Development of a Display Board
A display board describing the goals and objectives of the watershed planning process
and resources within the Oak Orchard Watershed was developed in May 2005. The
display is available for use at public events and meetings to make people aware of the
Oak Orchard Watershed planning process and provide contact information for the Oak
Orchard Watershed Protection Alliance.
The display was set up at the LOCI Workshop at the Albion Middle School on June 23,
2005 (57 people attended that meeting). The display was also set up during the Genesee
County Fair (July 18-23) and the Orleans County Fair (July 25-30).
12. Consultant team
The Alliance selected a team from SUNY Brockport to help write the State of the Basin
Report for the Oak Orchard Watershed. The consultant team (seven members) is made
up of a talented and diverse group of educators with knowledge and experience in
watershed hydrology, Geographic Information Systems (GIS), soil science, land use
planning, aquatic ecology, water quality, and fish ecology.
The consultant was the primary entity for writing the State of the Basin Report. The Oak
Orchard Watershed Protection Alliance worked with the consultant to prepare a detailed
work plan; assisted with gathering maps, reports, master plans, photographs and other
available information; facilitated contacts with municipal officials and other information
providers; identified problems in and threats to the watershed; determined format details
of the report in advance of writing; and reviewed completed work.
13. Contributors
A listing of the organizations and individuals participating in the development of the
State of the Basin Report is as follows:
53
Bell, Rochelle
Monroe County Planning Dept.
Bennett, Judy
Orleans Co. SWCD
Bensley, James
Orleans Co. Dept. of Plan. & Dev.
Bierstine, Ron
Orleans Outdoor
Billhardt, Nichelle
Orleans Co. SWCD
Bowerman, Margo
CCE Orleans Co.
Callard, David
Orleans Co. Legislature
Chamberlain, Mark
Town of Barre
Clifford, Bill
NY Canal Corp
Dibble, Harry
Contractor
Dickinson, Wayne
Citizen
Donegan, Edward
Brascan Power
Drake, David
Citizen
Elam, Mike
Lake Alice Waterfront Owners Ass.
Finley, Bill
Oak Orchard Canoe &Kayak Experts
Fiorino, Ed
Ducks Unlimited
Hale, Wayne
Co. of Orleans Dept. of Plan. & Dev.
Henry, Joyce
Oak Orchard Power Squadron
Hess, Paul
Iroquois National Wildlife Refuge
Hess, Sheila
Ducks Unlimited
Hill, Peggy
Town of Shelby & Yates Assessor
Kelsey, Harry
Genesee Co. SWCD
Kennedy, Heidi
Bureau of Wildlife - DEC
Kingston, James
Orleans Co. SWCD
Laszewski, Trisha
Town of Ridgeway
Leupold, Maureen
Orleans Co. SWCD & GCC
Lewis, Ted
SUNY Brockport
Lucyszyn, Andrew
Orleans County Health Dept
Makarewicz, Joe
SUNY Brockport - Enviro Sci & Bio
Metcalf, Dick
Murray, Gary
Murphy, Steven
Brascan Power – New York
Narburgh, Sharon
Narby's Superette & Tackle
54
Orgar, Ernie
Glenwood Lake Commission
Punch, Jack
Island Jack's Underwater Adventures
Punch, Ryan
Citizen
Reckahn, Sue
USDA NRCS, Lake Plains RC&D Area Office
Remillard, Robert
USDA NRCS, Lake Plains RC&D Area Office
Roster, Thomas
Iroquois National Wildlife Refuge
Rue, Doug
Town of Ridgeway
Scharping, Gerald
Orleans Water Quality Coor. Committee
Schuth, Dan
Orleans County SWCD
Shaw, Shanna
USDA NRCS, Batavia Area Office
Shervin, Todd
Orleans County Health Dept.
Slack, Brian
Genesee/Finger Lakes Regional Planning Council
Squires, George
Genesee Co. SWCD
Stacey, Richard
Citizen
Starowitz, Leo
Star Growers
Tompkins, Tim
Citizen
Torrey, John
Oak Orchard Small Watershed Protection District (Chair)
Torrey Farms
VanLieshout, Michael
Citizen
Waters, Robert E.
Glenwood Lake Commission
Wiley, Peg
Oak Orchard Lighthouse
Wiley’s Riverside Marina
Wood, Charles
USDA NRCS, Albion Field Office
Zollweg, Jim
SUNY Brockport
55
II. Geographical Description of the Watershed
a. Geology
1. Bedrock Geology
Approximately 490 to 369 million years ago during the Ordovician to Devonian periods
of the Paleozoic Era, unconsolidated sediments were deposited when the region now
containing the Oak Orchard Watershed was part of a continental sea (Isachsen and
others, 1991). At this time the Appalachian Mountains were uplifting to the east, and the
Michigan Basin to the northwest was subsiding. Paleozoic sediments, including clay,
fine sand, limestone, rock salt and gypsum, were eventually compacted into rock
formations.
The bedrock of the Oak Orchard Watershed (Map II. A1, Bedrock Geology)( iiA1.pdf)
originated from this sediment deposition and compaction. Ordovician age bedrock are
mostly sandstones and shales, with the notable Medina sandstone providing an important
building stone for construction during historic 19th century westward expansion along
the Erie Canal. Silurian to middle Devonian age bedrock is primarily limestone and
dolostone while late Devonian age bedrock consists mostly of shales with some
interbedded siltstone and limestone. Rock salt and gypsum beds are restricted to the
subsurface but have had an important impact on both natural surface processes and
mineral resources extraction.
Paleozoic strata dip to the south at approximately one degree resulting in the exposure of
younger bedrock to the south and older bedrock to the north. After deposition,
lithification, uplift and erosion, the bedrock was then subjected to a long period of
erosion prior to the glaciations that affected the landscape of western New York.
Differential erosion of resistant formations resulted in the Onondaga escarpment along
the southern watershed boundary. The Niagara (Lockport) escarpment crosses the Oak
Orchard Watershed along a line near Albion and Medina. Permeable bedrock
formations serve as groundwater aquifers and participate in both recharge and discharge
between deeper bedrock aquifers and the surface water flow of Oak Orchard River and
its tributaries.
2. Surficial Geology
Glaciation over the last two million years had a dramatic influence in shaping surface
topographic features in the Oak Orchard Watershed (Map II. A2 Surficial Geology)
(iiA2.pdf). An ice sheet of greater than one mile in thickness advanced and retreated
several times across western New York during the Pleistocene Epoch (Isachsen and
others, 1991). Repeated advances and retreats of glaciers were the primary influence on
landscape processes in the Oak Orchard Watershed, however, most landscape features
owe their origins to the last glaciation from about 30,000 to 10,000 years ago.
Ice advance scoured bedrock with resistant rock formations persisting as higher areas
and less resistant bedrock being carved into landscape lows. A thin blanket of glacial till
56
was spread across most areas. Distinct elliptical drumlins in the Towns of Alabama,
Oakfield, and Elba point to the southwest and mark the local ice advance flow direction.
Brief pauses in ice retreat resulted in deposition of moraine ridges, with the Batavia,
Albion, and Carlton moraines being the most notable in the Oak Orchard Watershed. Ice
stagnation created broad areas of hummocky topography to the north of the moraine
ridges. The ice stagnation areas are locally interrupted by kames, eskers and outwash
deposits formed by melt water within the glacier or flowing beyond the glacial margin.
The prominent ancient shoreline of Lake Iroquois (a precursor of Lake Ontario) crosses
the Oak Orchard Watershed along NY State Route 104. After glacial ice retreated from
the Oak Orchard Watershed, lake deposits, mucklands and stream alluvium partly
infilled the lowest topographic areas. Modern streams flow in these low floodplain areas
and continue to nourish wetland swamps and deposit alluvial sediments.
Surficial sediments provide the geologic parent material for soil formation, contribute
significantly to the infiltration and storage of precipitation, are a source of sediment load
to surface waters, comprise a sizable groundwater aquifer system and provide recharge
to deeper bedrock aquifers.
b. Location of Oak Orchard River and Tributaries
The Oak Orchard Watershed is located in Western New York. It originates north of the City
of Batavia in Genesee County and flows north into Lake Ontario at Point Breeze in Orleans
County. The Oak Orchard Watershed encompasses eight towns in Orleans County
(including Albion, Barre, Carlton, Clarendon, Gaines, Kendall, Ridgeway, and Shelby) and
the Villages of Albion and Medina. The Oak Orchard is the largest watershed in Orleans
County and occupies roughly 46% of the county. In Genesee County, the watershed
includes the towns of Alabama, Batavia, Byron, Oakfield and Elba and Villages of Elba and
Oakfield. The watershed covers approximately 19% of Genesee County.
Main tributaries of Oak Orchard include Marsh Creek, Beardsley Creek, Fish Creek and
Otter Creek. The head waters of the Oak Orchard River are located north of Batavia in
Genesee County. The main stream then flows northeast through Elba. Oak Orchard River
then turns and runs west through Oakfield and Alabama. The Stream then runs north through
Orleans County and the towns of Shelby, Ridgeway and Carlton before entering into Lake
Ontario at Point Breeze.
Refer to (Map II. B Location of Oak Orchard and Tributaries) (iiB.pdf).
57
c. Size and Boundaries of Watershed and Sub-watersheds
There are six sub-watersheds draining to named streams in Oak Orchard Watershed:
Beardsley Creek
Brinningstool Creek
Fish Creek
Marsh Creek
Otter Creek
Whitney Creek
The Agricultural Areas in the Southeast area of the watershed can be defined as a drainage,
and there are also 21 sub-watersheds that drain to un-named streams. These are designated
UN1 through UN21. In total, 149,056 acres are drained by these 28 drainages.
Additionally, approximately 24,919 acres of the watershed drain diffusely to the main
channel of Oak Orchard River.
Sub-Watershed
Area mi2
Agricultural Areas
Beardsley Creek
Brinningstool Creek
Fish Creek
Marsh Creek
Otter Creek
UN1
UN10
UN11
UN12
UN13
UN14
UN15
UN16
UN17
UN18
UN19
UN2
UN20
UN21
UN3
UN4
UN5
UN6
UN7
UN8
UN9
Whitney Creek
45.1
10.3
9.5
19.0
25.7
22.8
7.2
0.5
3.6
1.0
3.8
1.7
0.6
0.7
8.5
3.1
20.0
2.5
13.1
3.1
1.2
1.2
3.4
0.7
2.7
2.1
3.5
16.3
Refer to (Map II. C Boundaries of Watershed and Subs) (iiC.pdf).
58
d. Floodplains
Floodplain data for this report was derived from the Flood Insurance Rate Maps (FIRMs)
published by the Federal Emergency Management Agency (FEMA). The FIRM is the basis
for floodplain management, mitigation and insurance activities for the National Flood
Insurance Program (NFIP). Risk zones shown on the FIRMs are the basis for the
establishment of premium rates for flood insurance coverage offered through the NFIP.
FIRM also includes the 100 year and 500 year floodplain areas and zone designations. The
risk data used to identify floodplain areas was acquired through Flood Insurance Studies
(FISs). This data is available in digital format for Genesee County only. The Orleans
County data is in hard-copy format; analysis would require a manual digitization effort
beyond the scope of this report.
Refer to (Map II. E Floodplains- FEMA Flood Hazard Zones) (iiD.pdf).
e. Federal Wetlands
The Federal definition of a wetland is: wetlands are lands transitional between terrestrial and
aquatic systems where the water table is usually at or near the surface or the land is covered
by shallow water. For purposes of this classification wetlands must have one or more of the
following three attributes: (1) at least periodically, the land supports predominantly
hydrophytes; (2) the substrate is predominantly un-drained hydric soil; and (3) the substrate
is non-soil and is saturated with water or covered by shallow water at some time during the
growing season of the year. The largest area of wetland in Oak Orchard Watershed is
located in the Oak Orchard Swamp and Iroquois National Wildlife Refuge creating a 19,000
acre complex of State and Federal wetlands. Note that the term Federal Wetlands as
commonly used refers to the National Wetlands Inventory. This is an information/guidance
dataset which DOES NOT carry any regulatory authority. Some wetlands in the Watershed
are managed or protected as part of various incentive programs such as the Conservation
Reserve Program, the Wildlife Habitat Incentive Program and the Wetland Reserve
Program.
Refer to (Map II. E Federal Wetlands) (iiE.pdf).
f. State Wetlands
The mission of the NYSDEC Freshwater Wetland Program is to “protect, maintain, enhance,
and restore freshwater wetlands ecosystems so they provide a broad array of wetlands
functions and benefits to the people and the environment of New York.”
http://www.dec.state.ny.us/website/dfwmr/habitat/fwwprog.htm).
Our wetlands provide a broad array of wetlands functions and benefits to the people and the
environment of New York. These wetlands play a vital role in the management of the
watershed including flood control, aquifer recharge, recreational values, support of
biodiversity, and enhancement of water quality. Note that the wetlands defined as State
Wetlands (NYSDEC designated wetlands) ARE official, and DO carry regulatory authority
at the state level. Current legislation defines NYS protected wetlands as those that are 12.4
acres or larger.
Refer to (Map II. F State Wetlands) (iiF.pdf).
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g. Soils
The soils of the Oak Orchard Watershed are mapped to the level of phases of soil series.
This is called the Soil Survey Geographic Database (SSURGO), which is the most precise
delineation generally available. Within the watershed there are a total of 5,128 soil
polygons, representing 200 separate classifications or mapping unit codes. The map (Map
II. Ga SSURGO Soils Locator Map) (iiGa.pdf) shows a blow-up of a small portion of the
watershed to illustrate the detail and resolution available in the SSURGO database. Each of
the mapping unit codes, representing a unique type of soil, carries with it a large number of
attributes. One of these attributes is Hydrologic Soil Group, a measure of runoff potential.
The map (Map II. G SSURGO Soils) (iiG.pdf) presented in this report illustrates the
interpretation of the soils data to show runoff potential. In this scheme, A indicates soils
with the lowest runoff potential and D represents soils with the highest runoff potential. This
is a very useful interpretation as it contributes to analysis of possible nonpoint source
(runoff-generated) pollution.
The runoff potential is just one of numerous interpretations of the soils data that can be
made. Among the other information that can be attached to each soil polygon is:
• particle size distribution
• soil reaction
• bulk density
• salinity
• available water capacity
• permeability
• organic matter content
• flooding characteristics
• depth to bedrock
• soil texture
• erodibility
• water table depth
• soil subsidence
Among the use and management data is information about suitability for:
• sanitary facilities
• construction material
• building site development
• crops
• recreational development
• woodlands
• water management
• wildlife habitat
• grazing
USDA-NRCS State Soil Geographic Database (STATSGO) is another soil data set which is
reported at a coarser resolution than the SSURGO data. STATSGO data is useful for
60
regional scale analysis, in which the high level of detail of the SSURGO would be an
impediment. In the map illustration, the STATSGO mapping units have been interpreted for
soil hydrologic group (runoff potential).
Refer to (Map II. Gb1 STATSGO Soils) (iiGb1.pdf).
h. Topography, Slope and Aspect
The Digital Elevation Model (DEM) and derived products (slope and aspect) are included in
the GIS data set included with this report. There are many uses of this data, including
hydrologic modeling, nonpoint source pollution analysis, soil erosion analysis and
management and determination of viewsheds.
The highest elevations in the Oak Orchard Watershed are at the south end, near Batavia. In
this area, the elevation is as high as 301 meters above sea level. At the outlet, the elevation
is 75 meters, the normal level of Lake Ontario. Slopes are generally moderate, but there are
areas of very steep topography (shown as red on the slope map). These areas are
particularly susceptible to erosion and nonpoint source pollution when not managed
correctly. The aspect of the topography is generally toward the North, although near stream
channels it tends to be perpendicular to the stream. Note the distinctive drumlins (NE to SW
oriented, elongated hills) which are most pronounced in the southeast part of the watershed.
These hills are evidence of the dramatic effect glaciations have had on the landscape in this
area.
Refer to (Map II. H Slope) (iiH.pdf).
Refer to (Map II. H1 Aspect) (iiH1.pdf).
Refer to (Map II. H2 Elevation) (iiH2.pdf).
i. Aquifers
Groundwater is water that infiltrates the soil from the land surface and fills spaces in porous
unconsolidated sediments, such as gravel, sand, silt or clay. An aquifer is a regionally or
locally connected zone of porous sediments and/or bedrock that easily allows the passage of
water to springs or wells. Water quality within aquifers varies by aquifer source material,
the amount of time the water has been in the aquifer and the depth of the aquifer. In
unconfined shallow aquifers the water can easily be contaminated by surface activities.
There is one regionally important unconfined aquifer in the Oak Orchard Watershed. Other
major unconfined aquifers and confined aquifers lay south and east of the watershed
boundary. There is also a large swath of carbonate bedrock across the center of the
watershed. This material often supports deep aquifers. Additionally, most of the watershed
area possesses some water-bearing strata – These are the water supply of many households
which employ private wells. According to the 2002 Oak Orchard EQIP (Environmental
Quality Incentives Program) proposal, there are approximately 1575 such wells in the
watershed.
61
Refer to (Map II. I Confined and Unconfined Aquifers) (iiI.pdf).
j. Land Cover
Land use patterns in the Oak Orchard Watershed indicate a predominantly rural and
agriculture use, with secondary residential and commercial uses. Wetlands and forested
areas make up the most of the remaining uses.
Agriculture is the largest use of the land. Note that the USGS Land Use / Land Cover data
set, upon which this analysis is based, lumps idle land into the agriculture category. Current
technologies for developing land use data sets are generally unable to distinguish idle land
from hay, fallow, or inactive fields. Most of the active farm acreage is scattered throughout
the watershed and away from population centers such as Batavia. Agricultural vacant land,
field and vegetable crops, dairy farming and livestock operations are the primary use
activities.
Single-family residential land uses are clustered in the Medina, Albion, Elba, and Oakfield
areas of the watershed. The residential land use category includes single and multi-family
residences, rural residential land and mobile homes.
Commercial land uses are clustered in and near population centers with most uses again near
Medina, Albion, Elba and Oakfield, and along highway and railroad corridors. Municipal
and community service facilities, such as cemeteries, libraries and schools, government
buildings, healthcare facilities and religious facilities are distributed throughout the
watershed in a pattern that reflects the population distribution.
Some of the forested land is not suited to other uses due to low soil fertility, steep slopes, or
thin soils with shallow rock layers. Much of the forest area is wetlands, commonly referred
to a swamp land.
Refer to (Map II. J Land Cover) (iiJ.pdf).
Also, refer to Appendix_II(j)_Viewing_Aerial_Photography for instructions and link needed
to view high-resolution aerial photography of the watershed.
k. Mineral Resources
Mineral resources are extracted from surface mines and quarry areas in scattered areas
throughout the watershed. Sand, gravel and topsoil are mined from glacial deposits for use
as construction materials. Sand and gravel mines located in the center of the watershed
make up a majority of these mines. Paleozoic limestone and dolostone beds are quarried
and crushed for construction aggregate.
Natural gas wells are scattered throughout the Oak Orchard Watershed. There are a total of
259 oil and gas wells in the vicinity of the Oak Orchard Watershed. A total of 50 wells are
completely within the watershed boundary and another 209 wells within 5 miles of the Oak
Orchard Watershed boundary. The wells are clustered in the southwest area of the
62
watershed. Drilling has been in association with the northern edges of the regional TrentonBlack River gas trend. Drilling activity is even more concentrated further to the south in the
Allegheny region of southwestern New York and northwestern Pennsylvania.
Refer to (Map II. K Mineral Resources) (iiK.pdf).
l. Climate
Climate heavily influences watershed vegetation communities, stream flow magnitude and
timing, water temperature, and many other key watershed characteristics. The general
climate of the Oak Orchard Watershed can be described as humid continental with warm,
dry summers and cold, snowy winters. The climate is moderated to some extent by the
presence of Lake Ontario, and consequently does not show quite the same extremes as areas
to the south. The area lies near the major west to east track of cyclonic storms driven by the
jet stream and is characterized by frequent periods of stormy weather, particularly in the
winter. The freeze free growing season averages 150 to 155 days per year, but ranges from
120 to 180 days. The annual average air temperature in the watershed is 47.9º F. The
average annual rainfall for this area is about 35 inches. Refer to (Map II. L2 Rainfall)
(iiL2.pdf).
Winters are generally cloudy, cold, and snowy. Snow covers the ground from Christmas to
mid March. Nearly half the annual snowfall total comes from lake effect process. Winter
days below 0º F are also relatively rare, about 6 nights in an average year falling below 0 º.
The January average minimum temperature is 17º F. Spring comes slowly to the watershed,
because the Great Lakes create a stabilizing effect throughout the watershed
Summers are generally warm and sunny across the watershed. Rain is expected every third
or fourth day in the form of thunderstorms and showers. Summer days exceeding 90º F are
rare, only about nine days reach the 90º F mark in an average year. The average maximum
temperature in July is 81º F.
Autumn can be described as pleasant but rather brief. The weather is mild and dry during
September and through parts of October. In late October colder air masses cross the Great
lLakes with increasing frequency. This increases cloud cover during October and through
November and lake effect snows soon follow. These early snows melt quickly; it is usually
not until mid December that snow cover is established.
63
m. Demographics
The current (Census 2000) population of the Oak Orchard Watershed is 24,685. This is a
decrease of 5% from the 1990 Census data which indicated 26,025 residents of the
watershed.
The total combined population of Orleans County and Genesee County is approximately
104,500.
POPULATION,
TOWN
2000
Albion
8042
Barre
2124
Carlton
2960
Clarendon
3392
Gaines
3740
Ridgeway
6886
Shelby
5420
Alabama
1881
Batavia
5915
Byron
2493
Elba
2439
Oakfield
3203
Tonawanda
533
Residents in
Watershed
1624
1896
1875
315
2440
5191
4442
1427
342
64
1850
3203
7
Refer to (Map II. Ma Population Density) (iiMa.pdf)
Refer to (Map Demographics) (demographics.pdf)
64
% of town's population in
Watershed
20.2
89.3
63.3
9.3
65.2
75.4
82.0
75.9
5.8
2.6
75.9
100.0
1.3
III. Biological/Natural Resources Description of the Watershed
a. Description of the Basin
The Oak Orchard Watershed, approximately 173,975 acres in size, is located in the
Southwest Lake Ontario Basin, which has a total area of 2.2 million acres in western and
central New York. The biological and natural resources of the Southwest Lake Ontario
Basin are described in the DRAFT New York State Comprehensive Wildlife Conservation
Strategy (http://www.dec.state.ny.us/website/dfwmr/swg/cwcs2005.html). This document
addresses the wildlife species in greatest conservation need (SGCN) in the state by
providing information on the species and their habitats, identifying threats and trends, and
describing recommended conservation actions. Much of the information in this portion of
the Oak Orchard State of the Basin Report is taken from the Southwest Lake Ontario Basin
section of the DRAFT New York State Comprehensive Wildlife Conservation Strategy. A
map showing the approximate location of Oak Orchard Watershed (look for Orleans County
outline) within the Southwest Lake Ontario Basin is included in the “useful files” folder on
the CD. It is called: ontarioswmap.pdf.
The Oak Orchard Watershed lies within the Erie Ontario Plain subzone of the Great Lakes
Plain Ecozone. Because current, specific information about the resources within the Oak
Orchard Watershed is unavailable, some of the following description of the biological and
natural resources of Oak Orchard Watershed derives from the general description of the
Southwest Lake Ontario Basin.
The Oak Orchard Watershed is primarily an agricultural region with scattered and
fragmented forest stands and is generally flat. Although there is evidence that grasslands
were historically found in the basin, there are no lands in the watershed currently classified
by the U.S. Environmental Protection Agency’s Multi-Resolution Land Classification
(MRLC) map information, as natural grasslands. In New York, however, our pasture/hay
and row crops are sometimes referred to as grasslands by many management agencies,
including the Department of Environmental Conservation (DEC).
Wetland habitats in the watershed include wooded swamps, emergent marshes, wet
meadows, riparian and linear wetlands, shrub swamps, and open water habitats.
Many ponds and streams are located in the watershed providing open water varied habitats.
There is very little shoreline habitat (mainly the area around Point Breeze). The Erie Canal
passes through the northern part of the watershed and provides water to many basin
tributaries, possibly affecting water quantity and quality. The quantities and quality of water
discharged to the Oak Orchard River and its tributaries has not been monitored. It is
recommended that future studies of Oak Orchard River examine the interaction between the
Canal and the River.
A wide variety of different types of government-owned lands in the basin provide a diversity
of habitat types. Iroquois National Wildlife Refuge straddles the municipal boundaries of
Shelby in Orleans County and Alabama in Genesee County and is abutted by NYS DEC 65
managed Oak Orchard Wildlife Management Area (WMA) to the east and Tonawanda
WMA (partially in the basin) to the west. Together these three areas provide almost 20,000
acres of valuable wildlife habitat. Just to the south of these areas is the John White WMA
(formerly the John White Game farm), also managed by the NYS DEC, which consists
primarily of grassland habitat, but also includes both forested and emergent marsh areas.
Lands managed by DEC in the area include:
Unit Name
County
Oak Orchard Wildlife Management Area
Tonawanda Wildlife Management Area
John White
Genesee
Genesee/Niagara
Genesee
DEC
Region
8
8
8
Acres
2,500
5,600
346
Lands managed by US Fish and Wildlife Service in the area include:
Unit Name
Iroquois National Wildlife Refuge
Acres
10,818
Some county, city and town properties in the basin provide significant habitat for Species of
Greatest Conservation Need (SGCN). The Tonawanda Indian Reservation, governed by the
Tonawanda Band of the Seneca Nation of Indians and partially in the watershed, just south
of the Tonawanda WMA, also provides habitat for SGCN. Other protected areas in the basin
include lands owned by nongovernmental organizations (NGO) such as Brascan Power.
Other areas of land in the basin are protected by means other than ownership by a
government agency or NGO. For example, some privately owned lands are protected by a
conservation easement or are under a formal cooperative agreement through programs
offered by organizations like the U.S. Department of Agriculture, Natural Resources
Conservation Service and United States Fish and Wildlife Service. Analysis of digital tax
parcel data (available February 2006) will produce a much clearer picture of the size and
location of these properties.
In addition, different types of specially designated areas in the basin provide important
wildlife habitat and may offer some degree of protection. A Bird Conservation Area (BCA)
is designated at the Oak Orchard/Tonawanda WMAs. NYSDEC's BCA Program,
established in 1997, is modeled after the National Audubon Society's Important Bird Areas
(IBA) program, which began in New York in 1996. The BCA Program applies criteria
developed under the IBA program to state-owned properties. The following is a description
of the BCA located in the Oak Orchard Watershed:
Bird Conservation Area - Oak Orchard / Tonawanda
County - Niagara/Orleans/Genesee
DEC Region – 8,9
Acres - 8,116
Description - A large complex consisting mainly of managed emergent marshes,
swamps and other wetlands, as well as extensive grasslands. Large numbers
66
of wetland dependent birds breed here, and the site is an important migratory
stopover for waterfowl and wetland-dependent birds. Grasslands provide
nesting habitat for waterfowl and numerous grassland bird species. These two
state parcels (Oak Orchard Wildlife Management Area, Tonawanda Wildlife
Management Area) are at opposite ends of the 11,000 acre Iroquois National
Wildlife Refuge. As a whole these areas comprise over 19,000 acres of
wetlands and grasslands, much of which have been managed to provide
habitat for a variety of birds.
In addition, Oak Orchard River is designated as a Significant Coastal Fish and Wildlife
Habitat. The NYS DEC evaluates the significance of coastal fish and wildlife habitat areas,
and following a recommendation from NYSDEC, the Department of State designates and
maps specific areas, many of which have confirmed or suspected populations of SGCN.
The following is a description of the Significant Coastal Fish and Wildlife Habitat found in
the Oak Orchard Watershed:
Habitat - Oak Orchard Creek
County – Orleans
Acres – 256
Significance Value – 60
Description - One of about 10 major tributaries of Lake Ontario. Concentrations of
spawning salmonids are among the largest occurring in NYS's Great Lakes
tributaries. Habitat extends about six miles from the mouth at Point Breeze to the
Waterport Dam, and includes the entire stream channel and associated islands
and wetlands. The habitat also includes an approximate two mile segment of
Marsh Creek, which flows into Oak Orchard Creek about one mile south of Point
Breeze. Oak Orchard Creek is a very large, low to medium gradient, warmwater
stream, with a predominantly rock and gravel substrate. The creek drains
approximately 270 square miles of relatively flat agricultural land, rural
residential land, and extensive inland wetlands. Below Waterport Dam, which
serves an active hydroelectric power plant, Oak Orchard Creek flows through a
steep sided undeveloped, wooded gorge, where habitat disturbances are minimal.
However, below the confluence with Marsh Creek, there has been considerable
shoreline development. Sizeable areas of emergent wetland vegetation and
submergent aquatic beds occur in undisturbed shoreline areas along this lower
section of the creek.
Also, refer to (Map III A1 Coastal Habitat) (iiiA1.pdf))
b. Critical Habitats of the Basin and the Species That Use Them
As mentioned previously, the Oak Orchard Watershed lies within the Southwest Lake
Ontario Basin. There are 130 SGCN species that currently occur in the Southwest Lake
Ontario basin and 27 species that historically occurred in the basin but are now believed to
be extirpated (refer to Appendix_III(d)_SGCN_ SWLO_Basin). Of those 130 SGCN
currently occurring in the basin, it is believed that the populations of 39 species are
decreasing, 8 are increasing, 7 are stable, and 76 are of unknown status. According to the
Comprehensive Wildlife Conservation Strategy species accounts, nearly 50% of the fish
species of greatest conservation need that historically occurred in the Southwestern Lake
67
Ontario Basin are no longer found there.
Many of the SGCN that occur in the Southwest Lake Ontario Basin can be found in the Oak
Orchard Watershed, but some of the species on the list are only found in portions of the
basin outside of the Oak Orchard Watershed (in the future this list could be revised to list
only those SGCN found in the Oak Orchard Watershed).
Lists have been developed of birds, mammals, reptiles, amphibians and fish recorded on the
Iroquois National Wildlife Refuge. With the exception of the fish list, these lists should be
fairly representative of species found in the Oak Orchard Watershed. These lists can be
found in Appendix_III(c) Birds_and_Mammals_of_the_Iroquois_National_Wildlife_Refuge
and Appendix_III(e) Fish_and_Herps_of_the_Iroquois_National_Wildlife_Refuge (these
lists include all species recorded in the area, not just SGCN).
The Natural Heritage Program’s Element Occurrence Database indicates that the Oak
Orchard Watershed contains numerous rare species (plants, vertebrates and invertebrates)
and natural communities (see map and table provided by Tracey). For example, the Oak
Orchard Watershed provides significant habitat for several marshbird and grassland bird
SGCN (Refer to (Map IV A14 Wildlife Habitat Areas) (ivA14.pdf)). The SW Lake Ontario
Watershed, including portions of the Oak Orchard Watershed, sustains important
populations of grassland-breeding birds, including areas designated by the New York
Natural Heritage Program as critical for preservation of grassland species biodiversity and
significant ecological communities. A portion of the SW Lake Ontario basin (including a
portion of the Oak Orchard Watershed) has also been designated as part of a priority
“grassland wildlife zone” by a group led by Audubon New York and consisting of a
consortium of the agencies and organizations active in grassland conservation in New York.
Species of greatest conservation need are dependent on a wide variety of habitat types,
and many of these species require multiple habitats throughout their life cycles. Habitat
classifications can be found in the New York Natural Heritage Program’s Ecological
Communities of New York State, Second Edition (Edinger at al., 2002).
Certain locations/areas provide especially important habitat for SGCN because of one or
more of the following characteristics: rarity or uniqueness of the habitat type(s) present, the
presence of multiple, contiguous habitat types, protection and/or management of wildlife,
and a particularly low degree of human encroachment and development.
One very important habitat area located in the Oak Orchard Watershed is the Iroquois
Wetland Complex:
Iroquois Wetland Complex
Consists of Iroquois National Wildlife Refuge (10,818 acres), Oak Orchard WMA (2,500
acres) and Tonawanda WMA (5,684 acres - a portion of which is in the basin), the Iroquois
wetland complex encompasses nearly 20,000 acres of wildlife habitat in the Great Lakes
plain between Buffalo and Rochester. The complex is composed primarily of wetland
habitat (emergent marshes, hardwood swamps, wet meadows, and scrub/shrub), but also
includes large areas of grassland and upland forest. The area, which has been identified as
both an IBA and a BCA, provides important nesting habitat for a large number of bird
68
SGCN, including freshwater marsh nesting birds (black tern, least bittern, pied billed grebe,
and American bittern), grassland birds (bobolink, grasshopper sparrow, Henslow’s sparrow,
eastern meadowlark, northern harrier, and sedge wren), bald eagles, cerulean warblers and
prothonotary warblers. In addition, the area is a significant stopover for migrating waterfowl
and other species and provides habitat for several herpetofauna SGCN.
c. Overall Trends and Threats in the Southwest Lake Ontario Basin
Many of the overall trends and threats discussed in the DRAFT New York State
Comprehensive Wildlife Conservation Strategy for the Southwest Lake Ontario Basin also
apply to varying degrees to the Oak Orchard Watershed. Below is a description of these
trends and threats.
Trends: Reduction of agricultural land results in loss of grasslands used for haying and
pasture. The amount of land in agriculture in this basin has been reduced from about 92% of
the total land cover in 1900 to 55% in 2002. The nature of the remaining agriculture has
changed as well. Cropland diversity has decreased as row crop monocultures have become
the dominant agricultural land use. As smaller farms have been consolidated into larger
units, monocultures have become more expansive. Consequently, adjacent edge habitats in
the form of grasslands, woodlands, and strip cover (e.g., fence rows, hedgerows) have either
been lost outright or dramatically altered in size and shape. This loss of habitat not only
affects resident wildlife communities but may also have played a role in the decline of
migratory species such as Neotropical migratory birds that breed in the basin.
The basin, has experienced an increase in older-growth deciduous forest cover in the past
several years. Accompanying this increase in older-age forest has been a decline in shrub
and young forest habitat. Forest inventory data from the USDA Forest Service Forest
Inventory and Analysis Program show that between 1968 and 2002 Niagara, Orleans,
Monroe, Genesee, Livingston, Wyoming, and Alleghany counties (area roughly
approximating the basin), had a 113% increase in large-diameter trees (including deciduous
and coniferous trees); a 242% increase in medium diameter trees; and a 45% decline in
seedling/sapling early successional habitat. These trends have accompanied an overall
decline in agricultural acreage statewide.
Emergent marshes along the shores of Lake Ontario have declined significantly since the
1900s, primarily due to the effect of the altered hydrologic regime resulting from Lake
Ontario water level regulation. The Lake Ontario Management Plan estimates losses of
about 50% of the lake’s pre-colonial wetlands throughout the entire lake basin. Wetlands in
the entire Great Lakes plain increased by 17,000 acres between the 1980s and 1990s
according to DEC Bureau of Habitat information on statewide wetland trends. This increase
generally applies to only the eastern Lake Ontario subwatershed portion of the basin,
however, the acreage of shrub swamp decreased by 18,000 acres and the acreage of
emergent marsh decreased by 15,000 acres in that same period. The net gain in total acreage
in that decade came from increases in open water and forested wetland, which increased by
39,000 and 11,000 acres respectively. Of the 34 species that occur in the basin and list
emergent wetlands as a critical habitat, 12 are in decline, 3 have been extirpated from the
basin, and 13 are of unknown status. (Refer to Section I-f-1 for information regarding the
options currently under consideration by the IJC for future level regimes in Lake Ontario.)
69
Changes in the Lake Ontario fish community have been underway for several decades, and
several species are extirpated or extinct. These changes may begin to affect fisheries of Oak
Orchard River. The predator fish community has been supplemented with major programs
stocking salmonids, but these species have also been depleted by cormorants. Fish
communities are being altered by invasive species and habitat degradation. The number of
fish-eating gulls and cormorants in Lake Ontario has increased dramatically in the last 20
years. This is likely related to the banning of DDT and reduction in other toxics entering the
lake. The rebound of these species, especially cormorants, can cause competition with
SGCN for habitat and food resources.
Water quality in inland aquatic and riparian habitats has improved due to a reduction in
point-source municipal and industrial pollutants by the construction of better waste-water
treatment systems. However, non-point sources (NPS) of pollution, altered hydrology from
storm water management, riparian corridor degradation, and exotic species invasions are
now a larger component of the threats to water and aquatic habitat quality. Recent years
have seen remarkable improvements in certain commercial, residential, and agricultural
storm water management techniques, which have reduced some nonpoint source pollution.
A desire to improve the aesthetic values of inland lakes of the SWLO basin and to alleviate
the effects of invasive submersed aquatic vegetation has resulted in the compilation of lake
and watershed management plans and an increase in the use of various methods to control
these plants.
Threats - General Discussion: The major environmental stressors in the basin are related to
changes in human land use, such as agricultural practices and commercialization, residential
development, and industrial and commercial development. The negative effects of these land
uses on natural resources include loss and fragmentation of natural habitat to development;
sedimentation and erosion due to altered hydrology; storm water discharges; toxic
substances in water and sediment, and nutrient discharges related to municipal waste and onsite septic systems.
Specific Threats to Species of Greatest Conservation Need: The most frequently cited threat
to species groups occurring in the Southwestern Lake Ontario Basin was outright loss of
habitat via conversion to a human dominated land use. This threat was the most frequently
listed for both terrestrial and aquatic species. It includes hardening of the landscape with
buildings and roads; but can also include activities like land clearing and wetland draining
for agriculture and mining. Thanks to programs such as the Natural Resources Conservation
Service’s “Swampbusters,” wetland drainage for agriculture is not presently occurring to a
large extent in the basin, but the effects of past drainage are still an issue. Complicating the
picture is the habitat function that is provided by much of the agricultural lands in the basin
at this time. Pasture and hay lands provide a surrogate for natural grasslands in the lake
plains and when managed in a certain way with the needs of wildlife in mind these
agricultural uses may be very beneficial to grassland wildlife. However, when agricultural
management activities like mowing of hayfields occurs at the wrong time of year, grassland
nesting species may be disturbed or killed.
Fragmentation of remaining habitat is also a significant threat to terrestrial species. The
overall human population of the Southwestern Lake Ontario Basin has not increased
significantly in the last 50 years, and U.S. Census Bureau projections to 2030 show that this
70
trend will remain unchanged. At first glance this would appear to indicate no increase in
development threats in this basin. However, the humans in the watershed are, in fact,
developing more and more of the landscape, creating a “sprawl” effect unrelated to
population growth.
(Reference: Rolf Pendall, The Upstate Paradox: Sprawl without
Growth. http://www.brookings.edu/es/urban/publications/200310_pendall.htm)
Degradation of water quality, which may include contaminants, was the second most
common threat listed to aquatic species groups in the basin. Degradation of water quality
comes from increased soil erosion and runoff as a result of altered hydrology, nutrientinduced algal blooms, and reduced dissolved oxygen caused by excessive algae decay or
increased temperatures.
Toxic contaminants were listed as the second most common threat to terrestrial species in
the basin and the third most common among aquatic species. Some persistent toxins are
identified in the Lake Ontario Management Plan as impairments to reproduction and
survival of several SGCN. For example, PCB contamination negatively affects reproduction
and survival of river otter, and PCBs, Dioxin, and DDT compounds negatively affect
reproduction and survival of bald eagles. Mercury, at levels high enough to cause concern is
also found in sport fish tissues in the lake. No data is available regarding the presence or
absence of these toxins in Oak Orchard Watershed.
Levels of all of these persistent toxins in the fish communities of Lake Ontario have been
declining since the 1970s, except for mercury. Fish-tissue testing for mercury has
revealed no statistically significant trend. According to the Lake Ontario Management
Plan, there is no indication that current PCB, dioxin, or DDT levels in the open water of
the lake are degrading fish populations, but the toxins are still causing negative effects on
piscivorus wildlife.
Atmospheric deposition is a significant statewide issue because New York State is
downwind from major mid-western sources of airborne pollution. Though it is perhaps a
larger threat in some of the other New York State watersheds, the SWLO Basin’s extensive
aquatic resources, limestone bedrock (particularly in the northern part of the basin) and
relatively thin soils do make it susceptible to negative effects caused by airborne pollutants.
Pesticide use both in forest stands and on agricultural lands are of concern to herpetofauna,
insects, mussels and freshwater crustacea. Agricultural pesticides are generally non-specific
in their action, meaning that they can kill off benign and beneficial invertebrate species as
well as the target pests. Amphibians are also particularly susceptible to pesticides and other
toxins.
Conversion of habitats from one natural land cover type to another was cited as the third
most common threat to terrestrial species. This threat highlights the need to not only protect
habitats from development and degradation, but to also effectively manage natural processes
like forest succession, fire, and flooding. This is a complicated issue, because what may be
excellent habitat for one suite of SGCN species may not be for other SGCN. For example, a
grassland field which provides habitat for grassland birds may eventually transition into a
shrub habitat which is no longer valuable for grassland species, but may provide excellent
habitat for early successional/shrubland species.
71
Lake Ontario regulation has altered the lake’s natural hydrologic regime, affecting the
survival of species dependent on coastal marshes. In particular, rising or falling water levels
as a result of short-term changes in flow rates through the St. Lawrence River dams may
either strand or flood nests of marsh nesters such as least bittern, American bittern, black
tern, and king rail. Extensive research has revealed the importance of the natural flow
regime as the engine of biodiversity in rivers, streams, and other water bodies. The species
populations that inhabit a river have adapted to the natural pattern of floods and low flows,
which provide the opportunities for spawning and germination that maintain the full range of
flora and fauna.
Exotic species have threatened the Great Lakes ever since Europeans settled in the region.
Since the 1800s, more than 140 exotic aquatic organisms of all types-including plants, fish,
algae, and mollusks have become established in the Great Lakes. As human activity has
increased in the Great Lakes watershed, the rate of introduction of exotic species has
increased. More than one-third of the organisms have been introduced in the past 30 years, a
surge coinciding with the opening of the St. Lawrence Seaway.
Several exotic and/or invasive species are a significant concern to SGCN in the basin. In
addition, diseases, in particular Type E botulism in Lake Ontario, are another potential threat
to certain SGCN. Exotic/invasive species and diseases in the basin that pose a significant
threat to SGCN include:
CRUSTACEA
• Exotic zooplankton such as spiny waterflea (Bythotrephes cederstroemi) and fish
hook waterflea (Cercopagis pengoi) compete with and prey on native
zooplankton species. Its sharp spine makes it extremely hard for fish to eat. This
has induced changes at all trophic levels in the Lake.
•
FISH
•
Rusty crayfish (Orconectes rusticus) - Rusty crayfish are prolific and can
severely reduce lake and stream vegetation, depriving native fish and their prey
of cover and food. They also reduce native crayfish populations.
Common carp (Cyprinus carpio) - Carp degrade shallow lakes by causing
excessive turbidity, which can lead to declines in waterfowl and important native
fish species.
•
Ruffe (Gymnocephalus cernuus) - The ruffe can displace other species in newly
invaded areas due to its high reproductive rate, its feeding efficiency across a
wide range of environmental conditions, and characteristics such as sharp spines
on their gill covers, and dorsal and anal fins that may discourage would-be
predators.
•
Sea lamprey (Petromyzon marinus) - Predaceous, eel-like fish that have
contributed greatly to the decline of whitefish and lake trout in the Great Lakes.
Since 1956, the governments of the United States and Canada, working jointly
through the Great Lakes Fishery Commission, have implemented a successful sea
72
lamprey control program.
•
Alewife - Reduces zooplankton biomass due to grazing and competes with native
forage fish, which in turn appears to induce thiamine deficiencies in salmonids.
However, alewives play an important role in the Lake Ontario, Hemlock Lake,
and Canadice Lake ecosystems as prey for stocked salmonid predators.
•
Round gobies (Neogobius melanostomus) - A bottom-dwelling fish that competes
for spawning sites and other habitat with native fish like mottled sculpin,
logperch darters, and smallmouth bass. Round goby thrive in the Great Lakes
Basin because they are aggressive, voracious feeders which can forage in total
darkness. Goby can survive in degraded water conditions, and spawn more often
and over a longer period than native fish. Round goby have shown a rapid range
expansion through the Great Lakes.
MOLLUSKS
•
Zebra mussels/quagga mussels (Dreissena polymorpha and Dreissena bugensis) compete with native mussels and reduce phytoplankton biomass. This has
induced changes at all trophic levels in the Lake Ontario and inland lake food
chains.
PLANTS
•
Purple Loosestrife (Lythrum salicaria) -This plant can form dense, impenetrable
stands that are unsuitable as cover, food or nesting sites for a wide range of native
wetland animals, including ducks, geese, rails, bitterns, muskrats, frogs, toads and
turtles. Adults can disperse 2 million seeds annually, and there is a lack of
effective predators in North America. Recently, however, several host-specific
European insects have been released as a long-term biological control in North
America.
•
Common reed (Phragmites australis) - In some circumstances, particularly in
disturbed areas, this plant can become invasive and out-compete other plant
species, resulting in a degraded system with negative effects on some wildlife
species, including several SGCN.
•
Invasive Submersed Aquatic Vegetation - Eurasian Water Milfoil (Myriophyllum
spicatum) and Curly-leaf pondweed (Potamogeton crispus) are exotic plants that
form surface mats that interfere with aquatic recreation. In nutrient-rich lakes they
can form thick underwater stands and vast mats at the water's surface. In shallow
areas the plant can interfere with boating, fishing, and swimming. The plant's
floating canopy can crowd out important native water plants. In the lakes of the
SWLO basin, the plant appears to coexist with native flora, but little is known
how these plants affect fish and other aquatic animals.
•
Flowering rush (Butomus umbellatus) - It grows in shallow areas of lakes as an
73
emergent, and as a submersed form in water up to 10 feet deep. Its dense stands
crowd out native species like bulrush.
BIRDS
•
Mute swan - Displaces other waterbirds, possibly including SGCN such as the
black tern, with its aggressive behavior and reduces the amount of submerged
aquatic vegetation available for native wildlife.
DISEASE
• Type E botulism - Botulism, a disease caused by Clostridium botulinum, has been
recognized as a major cause of mortality in migratory birds since the 1900s.
Although type C botulism has caused the die-off of thousands of waterfowl
(especially ducks) across the western United States, type E botulism has been
mainly restricted to fish-eating birds in the Great Lakes. Fish and waterbird
mortality events were documented on Lake Ontario in 2002 through 2004. Type E
botulism was isolated in each of these outbreaks.
d. Goals and Objectives
The DRAFT New York State Comprehensive Wildlife Conservation Strategy lists some
overall goals and objectives for the southwest Lake Ontario Basin which also apply to the
Oak Orchard Watershed (see below). Please refer to the New York State Comprehensive
Wildlife Conservation Strategy for specific recommendations for SGCN found in the
watershed.
1. Determine the current and historical extent of grasslands, early successional and
shrub, deciduous/mixed forest cover, and wetlands in the basin.
2. Conduct habitat mosaic planning and set target goals for these habitat types (e.g.,
maintain X acres of wetlands, maintain Y acres of forests with larger diameter trees,
increase the amount of grassland and early successional forest and shrub habitat by Z
percent, etc.).
3. Determine locations and monitor trends of SGCN in the basin.
4. Maintain and improve stream systems by protecting and enhancing riparian
buffers.
5. Reduce pollution and siltation runoff into streams and tributaries.
6. Improve connectivity and habitat function of protected areas in the basin.
7. Restore priority habitats affected by land use practices.
8. Prevent further introductions of aquatic and terrestrial non-native invasive species.
9. Monitor the quality and quantity of habitats on a 10-year rotational cycle.
10. Identify specific threats to SGCN in order to prioritize habitat protection and
restoration efforts.
11. Identify key areas for acquisition, restoration, and/or other means of
protection.
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e. Fishery Assessment of the Oak Orchard Watershed
Introduction
This section provides a brief description and assessment of the fish communities found
to exist at selected sites in four different water bodies of the Oak Orchard Watershed.
These are: 1- the Lower Oak Orchard River below the Waterport Dam, 2- Marsh Creek
which is a main tributary of the lower river, 3- Waterport Pond (Carlton Lake), now
referred to as Lake Alice, and 4- Glenwood Lake. During our fish surveying, water
samples were also collected for laboratory analyses. Those samples provided a basic
look at the specific water quality parameters for each site. Refer to Chapter VI for
results of these water quality analyses. General observations of aquatic habitats and
surface water conditions were also noted.
Methods
Sample fish data were collected using standard boat electro-fishing equipment provided
by SUNY Brockport’s 18-foot vessel. This technique is neither species nor size biased;
however the range of capture is limited to the upper surface waters (~2-3m) depending
on the conductivity. Reach lengths were normally recorded via a start and stop GPS
coordinate point, while more localized sites were only referenced via one central GPS
point. Vessel electro-fishing allows for a broad and extensive sweep of shoreline and
underwater edge cover while causing little disturbance to the habitat itself. Electricity
appears to be our most effective and efficient means of extracting fishes from dense
cover, i.e. vegetation or docks which are often near deep water. Disturbance to soft
substrates are also minimized with a surface method approach. However, in Marsh
Creek the study team was able to use alternate methods, i.e. wading with a backpack
electro-shocker and beach seining over shallow upstream sand/gravel areas. These
survey data represent species richness, total counts, and size ranges in total length (TL
mm) categorized for each species that were observed per site. Most fish sizing was done
by hand, although it was necessary to estimate some of the larger fishes that were
positively identified but eluded capture.
Results
Over 2000 fish were recorded during four separate day trips at 22 different sites in four
major water bodies of the Oak Orchard Watershed. A total of 13 families of fish are
represented by these data with 37 fish species (35 native). No rare species were found at
any of the sample sites. An estimated 16,100s (4.5hr) were spent electro-fishing during
the watershed survey. Species richness per site ranged from 11 and 12 in the tributary
sites to 17 in each of the impoundments respectfully.
The aquatic habitats available to fishes in this large watershed are very diverse and
heavily impacted by anthropogenic sources. Although mostly a rural watershed,
agricultural runoff appears to be the primary source of excess nutrients entering these
waters. This was apparent by the many farm fields adjacent to the waterways and the
high abundance of flocculent algae (especially in the upper Lake Alice basin). Water
clarity was higher in Lake Alice than in Glenwood Lake for unknown reasons.
Lake Alice appears to provide the best warmwater fishery habitat for many fish species
with productive aquatic vegetation growth and a narrow deep main channel. Glenwood
Lake appeared to be a less productive warmwater fishery, lacking the necessary soft
substrate to support abundant aquatic vegetation growth in its perimeter. Although each
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of these impoundments was represented by various sport fishes, common carp (Cyprinus
carpio) a large non-indigenous omnivore is perhaps the most abundant large fish in both
reservoirs. Carp numbers were noticeably extensive however in the Glenwood’s littoral
zone.
The lower river basin offers a variety of species from Lake Ontario’s south shore.
Migrating salmonids in this section are seasonal residents and were absent from our
sampling data (as were other fishes) in August 2004. Two small steelhead trout
(Oncorhynchus mykiss) fingerlings were found in the mid reach of Marsh Creek in a
June 2005 sample indicating natural reproduction of the species is occurring in that
tributary. Invasive species such as the round gobie (Neogobius melanostomus) were not
detected in the lower river during a previous August 2004 day trip, but may appear at
any time as the species is extending its range and has been documented to the west in
lower Johnson Creek. A complete list of fishes found during our survey within the Oak
Orchard Watershed is available (see excel file).
Assessment
Historically, high gradient riffles and steep waterfalls may have created natural barriers
to fish migration from Lake Ontario into the lower Oak Orchard Watershed. The natural
downstream cascade of organisms via high water events is constant in lotic systems.
However, in the early 1900’s, the completion of the Erie Canal-Barge Network increased
the complexity of nutrient cycling greatly. The upper main stem Oak Orchard River
(above Glenwood Lake) at Medina, NY is the location of the canal/stream connection.
Both manual spillway valves and/or floodwater overflow discharge exist to allow canal
water to enter downstream watersheds. Effects of this water mixing have allowed the
homogenization of all associated aquatic materials and biota within many inland NYS
waters of upstate NY. Mostly a recreational waterway, the present NYS Barge Canal has
basically broadened the range of both native and invasive aquatic species that are having
unknown effects on adjacent aquatic ecosystems.
The round gobie (originally from Eurasia) is now an established exotic species in the
canal. Gobies are spreading east rapidly and recently have been reported in Glenwood
Lake via safe passage through the canal outflow and over a large waterfall located just
downstream of the canal confluence. A 2005 fish survey in the upper Jeddo and Johnson
Creeks at the canal outflow has confirmed the presence of this exotic. Gobies may
adversely out-compete native fish for space and food if they become established in great
numbers. The overall condition of the Oak Orchard fishery is stable and productive at
the moment. The full scope of fish diversity for a watershed cannot be sampled and
represented by only 4 day-trips. Further research into the historical records of this
watershed and future monitoring efforts will give a better description of the presence and
condition of fish communities in the different reaches of Oak Orchard River. Exotic
species may be one of the most important sources of anthropogenic impacts in this
watershed and more data collection is necessary to understand the extent of the problem
before management can be applied.
Recommendations
A well-planned monitoring effort organized and supported by various local fishery
agencies will be necessary to fully assess the Oak Orchard Watershed fishery. It is
suggested that a combination approach to management, which may include angler creel
census, educational research, and governmental sampling projects be used for the
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collection of the necessary data to support the proper biological analysis of the many
diverse fish communities. Efforts to collect data should not be limited to the methods
listed. Additional sampling using alternative methods may yield additional data that
would allow the detection of significant fisheries knowledge in the watershed and allow
a better management prescription for the fishery. Action should be taken to support a
sustainable watershed ecosystem in general and not solely for the purpose of supporting
recreational fishing. A routine fisheries survey in Glenwood Lake for example may
indicate if/when the round gobie becomes established and what if any impacts the
species might have on this watershed. Providing clean and accessible aquatic habitat
should be the foundation in sustaining the Oak Orchard Watershed fishery. The
stakeholders should become familiar with both historical and present day problems in
order to prevent future one from occurring.
For complete results of the fishery survey, refer to the Excel spreadsheet
“fish_survey_Oak_Orchard.xls” in the folder titled “useful materials”
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IV. Uses of Land
a. Land Uses
1. Agriculture
Much of the land in Oak Orchard Watershed is used for agriculture and the land is
generally away from population centers such as Albion and Medina. Vegetable crops,
dairy farming, and livestock operations are the primary use activities. Estimates of
agricultural land uses made in October 2005 provide a snap shot of agriculture in the
watershed at the time of the development of this report.
There are approximately 60 farms in the Genesee County portion of the watershed,
including 7 CAFO (Concentrated Animal Feeding Operation) farms. In the Orleans
County portion there are approximately 187 farms including 3 CAFO farms. The types
and numbers of operation in the whole watershed are:
Vegetable
47
Fruit/Cash Crop/Vegetable
2
Vegetable/Cash Crop
11
Fruit
31
Cash Crop
16
Dairy/Cash Crop
40
Vegetable/Fruit
17
Fruit/Cash Crop
4
Dairy
13
Livestock/Cash Crop
43
Other Livestock
5
Fruit/Vegetable/Livestock
1
Vegetable/Dairy/Cash Crop
17
Refer to (Map IV A1 Agriculture) (ivA1.pdf)) (Note that the category “agriculture” on
this map includes so-called ‘idle land’, which may be inactive agriculture, abandoned
fields, and transitional lands.)
2. Residential
Single-family residential land uses are clustered in the Medina, Albion and Batavia areas
of the watershed.
Refer to (Map IV A2 Residential) (ivA2.pdf))
3. Commercial / Services
Commercial land uses are clustered in and near population centers with most uses near
Batavia, Albion, and Medina, and highway and railroad corridors. Additionally,
numerous fishing/boating/recreation services are available in the Point Breeze area.
Municipal and community service facilities, such as cemeteries, libraries and schools,
government buildings, healthcare facilities and religious facilities are distributed
throughout the watershed in a pattern that reflects the population distribution. Orleans
78
County's Empire Zone offers significant tax incentives and utility discounts to
businesses located within the zone's borders. Empire zones are designed to assist in the
expansion of existing companies and the attraction of new businesses to New York. The
following are located in an Orleans County Empire Zone:
Albion Business Park: Route 31E and Butts Rd.
Area: 37 Acres,
Municipality: Village of Albion
Medina Business Park: 11601 Maple Ridge Rd.
Area: 120 Acres, lot sizes 5 to 80 acres, New Market Tax Credit Eligible,
Zoned: Light Industrial
Municipality: Village of Medina
Refer to (Map IV A3 Commercial) (ivA3.pdf))
4. Industrial
Industrial land use makes up a very small percentage of land use in the Oak Orchard
Watershed. Two areas with significant amounts of industrial land use were found within
the watershed.
Refer to (Map IV A4 Industrial) (ivA4.pdf)
5. Power Generation Facilities
There are three hydroelectric generation facilities located on the Oak Orchard River, one
of which is subject to FERC licensing regulations (Erie Barge Canal at Oak Orchard
River).
Facility
Installed
(kilowatts)
Capacity
Erie Barge Canal at Oak
.4
Orchard River
Oak Orchard River at
1.5
Glenwood Lake
Oak Orchard River at
4.0
Waterport (Lake Alice)
Information provided by Brascan Power Corporation
Long-term Gigawatt
hours per Year
1.4
6.7
12.1
Additional information about power generation facilities in the watershed is included in
Chapter I, section (g), subsection (VIII) – Federal Eneregy Regulatory Commission
(FERC).
6. Mines
There are 36 quarries and/or mines found within or in the vicinity of the Oak Orchard
Watershed, according to NYSDEC permits. They include clay mines, sandstone mines,
limestone mines and sand/gravel mines. The majority are sand and gravel mines.
Twenty-one of these mines are within the watershed and fifteen more mines are within 2
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miles of the watershed. Although there are no mines near the Oak Orchard River many
are located near tributaries of the River.
Refer to (Map IV A6 Quarries and Mines) (ivA6.pdf))
7. Active and Inactive Waste Sites ; Toxic Release Inventory Sites
There are a total of 81 Resource Conservation Recovery Facilities inside the Oak
Orchard Watershed and another 102 within two miles of its boundary
Resource Conservation Recovery Facilities are regulated by the Resource Conservation
Recovery Act (RCRA) which was enacted by Congress in 1976. RCRA regulates the
management of solid waste (e.g. garbage), hazardous waste and underground storage
tanks holding petroleum products or certain chemicals. This gave the EPA control over
the generation, transportation, treatment, storage, and disposal of hazardous waste.
RCRA also set forth a framework for the management of non-hazardous wastes.
A RCRA site designation implies that a location may be a point source of pollution from
spills, leaks or dumping of hazardous materials, petroleum products or other chemicals.
Inactive sites are still listed to alert people to the presence of risk associated with the past
use of a parcel of land. Documented waste sites in the Oak Orchard Watershed since the
establishment of RCRA are identified.
The 1986 amendments to RCRA enabled EPA to address environmental problems that
could result from underground tanks storing petroleum and other hazardous substances.
RCRA focuses only on active and future facilities and does not address abandoned or
historical sites. CERCLA provides a Federal “Superfund” to clean up uncontrolled or
abandoned hazardous-waste sites as well as accidents, spills, and other emergency
releases of pollutants and contaminants into the environment. Through the Act, EPA was
given power to seek out those parties responsible for any release and assure their
cooperation in the cleanup. There is one Superfund site within the Oak Orchard
Watershed, Byron Barrel and Drum located in Genesee County. Two more superfund
sites are within 2 miles of the watershed boundary. The Batavia Landfill (Genesee
County) and the Dublin Road Landfill located in Shelby (Orleans County).
Additionally, EPA has developed a database of known releases of toxic substances that
have occurred. This list is called the Toxic Release Inventory (TRI).
Refer to (Map IV A7 Waste Sites and TRI) (ivA7.pdf)
8. Public Facilities
There are numerous public facilities in Oak Orchard Watershed performing services
related to education, religion, healthcare, and government. The watershed is served by
19 unified school districts. There are 56 public schools comprising the school districts
serving the watershed. The Genesee Community College Albion Campus is the located
within the watershed. Also located in the vicinity of the watershed is the Genesee
Community College in Batavia (part of SUNY), which is located just outside the
watershed at its southern boundary. The State University of New York at Brockport sits
just outside the watershed at its eastern boundary. Additional public and private
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institutions are nearby in the Rochester and Buffalo metropolitan areas. The watershed is
served by 3 public libraries located in Medina, Albion and Oakfield. Other library
facilities are affiliated with educational institutions.
There are 49 places of worship in the Oak Orchard Watershed. Places of worship are
clustered in and around population centers. The mapped distribution of places of worship
includes those in the Federal Geographic Name System and/or those with public
advertisement in the Yellow Pages of the telephone book. Any omissions are accidental
and unintentional.
Healthcare facilities are associated with the watershed’s population centers. The
following healthcare facilities are within two miles of Oak Orchard Watershed: There is
one Hospital, Medina Memorial Hospital, within the watershed and two, St Jerome and
Genesee Memorial Hospital, located just outside the watershed at its southern boundary.
Other hospitals include the VA Hospital and the United Medical Center, both in Batavia.
Residential care facilities include the Batavia Nursing Home, Genesee County Nursing
Home, St Luke Manor of Batavia, Western NYS Veterans home, all in Batavia; plus the
LeRoy Village Green Residential Healthcare facility and Heritage Manor in LeRoy,
Orleans County Nursing Home in Albion and Orchard Manor in Medina.
Each of the 15 towns in the watershed has local governmental facilities. Town Halls are
located in each town and serve as places for public meetings and governances.
Refer to (Map IV A8 Public Facilities) (ivA8.pdf)
9. Airports
There are three commercial airports in close proximity to the Oak Orchard Watershed.
Greater Rochester International Airport is the largest facility, linking the region to
national and international air travel hubs. Also, Buffalo International Airport to the west
is less than an hour’s drive by automobile from anywhere in the Oak Orchard
Watershed. Genesee County Airport near Batavia is the next largest airport and is
located south of the Oak Orchard Watershed, providing smaller aircraft a local service
connection to the watershed. There are also several other small airports located within
Oak Orchard Watershed.
Refer to (Map IV A9 Airstrips) (ivA9.pdf)
10. Cemeteries
There are 18 cemeteries completely within the Oak Orchard Watershed. The map
distribution of the cemeteries includes those in the Federal Geographic Name System
and/or those with public advertisement in the Yellow Pages of the telephone book. Any
omissions are accidental and unintentional. Cemeteries are scattered throughout the
watershed in a pattern that reflects the historic population patterns and density.
Refer to (Map IV A10 Cemeteries) (ivA10.pdf)
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11. Waterbodies and Wetlands
The wetlands data was compiled from the NYSDEC Wetlands data and the National
Wetlands Inventory.
Refer to (Map IV A11 Water Features) (ivA11.pdf)
12. Forests and Silviculture
Forested lands cover a relatively small percentage of the total watershed. Silvicultural
activities are limited and can be characterized as small woodlot management activities.
Within the watershed area there are a number of small rural communities, one of the
primary assets that form the character of these small communities are their trees. Trees
line village streets, enhance the beauty of our schools and parks, provide shade, energy
conservation, and enhance the overall character of our communities. Trees, in the form
of windbreaks, living snowfences, and streamside buffers work to protect homes,
industry, schools, emergency facilities, roadways, and people. They reduce wind
erosion, improve water quality, screen unsightly areas, provide wildlife habitat, clean the
air, reduce energy costs, and help beautify our towns while they work.33 Understanding
and practicing good urban forestry can benefit many small communities that are
struggling to retain businesses or attract businesses back to newly revitalized downtown
areas. Urban and community forests are economically important. They increase
property values and boost tourism and local businesses. As people live, work, and play
among trees, they enjoy reduced air pollution, increased natural beauty, quieter
communities, and better quality of life.
Forests tend to promote high quality water resources. The roots of the trees lessen
erosion by holding soils in place and purifying shallow groundwater by removing
dissolved nutrients. Forest crowns and detritus intercept precipitation and lessen its
erosive impact on the ground below. The layer of organic material or duff, under forests
traps runoff and increases the infiltration of surface water into the ground. Even when
trees “tip out” during ice storms, water quality benefits, the pockets left by root masses
trap surface water and promote infiltration into groundwater.
Refer to (Map IV A12 Forests) (ivA12.pdf)
AND
Refer to (Map Forest Density (%)) (forests.pdf)
13. Parks and Recreation
Oak Orchard Watershed possesses the enormously important, nearly 20,000 acre
Iroquois Wetland Complex, which consists of Iroquois National Wildlife Refuge (10,818
acres), Oak Orchard WMA (2,500 acres) and Tonawanda WMA (5,684 acres - a portion
33
USDA National Agroforestry Center, Working Trees for Communities, 1998-99
82
of which is in the basin). Also, the Orleans County Marine Park and the Oak Orchard
State Marine Park are both located near the watershed outlet at Oak Orchard Harbor.
Following are the major parks and recreation areas in the watershed:
Orleans County Marine Park
11 acre public marine park on Oak Orchard River offering rental of 71 boat slips
with electric and water service, picnic pavilions with grills, fishing dock, INS
videophone, showers and restrooms, scenic overlook and summer events.
Oak Orchard State Marine Park
84 acres state park located at the mouth of Oak Orchard River at Lake Ontario in
the Town of Carlton . The park can be accessed on Route 18.
Chuck Tiranno Game Farm
Private 127 acre preserve offering hunting for deer, turkey, duck, goose and
pheasant
Erie Canalway Trail
Stone dust towpath.
Forrestel Farm Camp
800 acre, fifth generation family farm. Platform tent camping, equestrian
program. Tennis lessons, mountain biking, canoeing, riflery, archery for children
ages 7 to 15.
Erie Canal Public Boat Launches
• State Rte. 31E, two miles west of Medina on south side of the canal. Parking,
picnic area.
• Bates Road, Medina on the north side of the canal. Parking, picnic area.
Canalside Park, Village of Albion
Offers boat docking facilities and a landscaped park for watching the lift bridge
operations. Amenities include water, electric service and comfort station with
showers.
Erie Basin Marine Park, Village of Medina
Amenities include pump out station, water, electric service, comfort station with
showers.
Oak Orchard Harbor - Point Breeze at the mouth of the Oak Orchard River
The tree-lined gorge, carved by the Oak Orchard River, provides a scenic
backdrop for a full service port featuring a professional charter fleet, sailing
clubs, parks, marine sales and repairs, gasoline, pump out stations, lodging and
restaurants. The harbor is protected by two parallel jetties and a breakwall at the
mouth of the river. Dredged channel depth is about 8 feet and varies upstream to
about 18 feet.
83
Town parks, and semi-formal and informal recreation areas are scattered around the
watershed. These parks provide recreational opportunities for residents within the
watershed. They also provide a variety of opportunities for both summer and winter
outdoor recreation. Popular summer activities include picnicking, hiking, fishing and
horseback riding. Winter activities include skiing and skating.
Some of these areas are, however, difficult to locate and catalog, as they are small,
marginally developed, and not publicized. It is a priority to discover these important
parcels and promote their use for recreational access. Analysis of the digital tax parcel
maps of Orleans and Genesee Counties (available by February 2006) will help better
identify such areas.
Refer to (Map Parks and Recreation) (ivA13.pdf)
14. Wildlife Habitat Areas
Iroquois National Wildlife Refuge
On May 19, 1958 the federal government established the Oak Orchard National Wildlife
Refuge, using money from the sale of Migratory Bird Conservation Stamps, or "Duck
Stamps". To avoid confusion with the neighboring Oak Orchard State Wildlife
Management Area, the refuge was renamed Iroquois National Wildlife Refuge in 1964.
The refuge encompasses approximately 11,000 acres. This refuge supports numerous
species of birds and mammals, as well as fish, amphibians, insects and reptiles. Active
habitat management on the refuge insures high quality food, water, shelter and space for
a wide variety of wildlife. Left alone, the entire area would be flooded in the spring and
dry from April through November. A system of dikes and dams controls water levels on
the twelve pools and marshes as well as the Oak Orchard River. Each impoundment is
drained or "drawn down" on a five-year cycle. Not all of the impoundments are drawn
down at the same time so that there are always water areas available for wildlife.
Draining the water allows the seeds in the soil to germinate and grow into food and
shelter for waterfowl, shore birds and other wildlife. Mowing, controlled fire and haying
agreements keep woody plants out of grasslands where mallards, blue-wing teal and
other neo-tropical migrant birds nest. Forests are managed to provide food and shelter to
a wide variety of wildlife species. Some mature forests and woods are preserved while
other areas are periodically cut or burned to encourage the growth of the greatest
diversity of plants. Managed hunts for deer, waterfowl and other migratory or resident
species keep populations within habitat carrying capacity as well as provide recreational
opportunities
The Oak Orchard and Tonawanda Wildlife Management Areas
The Oak Orchard Wildlife Management Area is located three and a half miles north of
Oakfield in Genesee County, and is about midway between Buffalo and Rochester. The
Tonawanda Wildlife Management Area is located halfway between Lockport and
Batavia along Route 77. The Oak Orchard Wildlife Management Area encompasses
approximately 2,500 acres, and the Tonawanda Wildlife Management Area is
approximately 5,684 acres, only a portion of which is in the Oak Orchard Watershed.
These WMA’s are located within a historic wetland, the Oak Orchard Swamp, created
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by a natural barrier over Oak Orchard River. This restriction is an outcropping of
dolomitic limestone located at Shelby Center that resisted the cutting action of the creek
and created a huge wetland upstream. Note that this is the ridge that Fletcher Chapel
Road follows. Historically, spring flooding by Oak Orchard and Tonawanda Creeks
provided temporary water areas for migrating waterfowl; but by late spring water levels
would drop, leaving only scant nesting habitat. After the State areas were acquired,
water levels were stabilized by constructing 32 miles of dike and 60 water level control
structures. To date, approximately 4,000 acres of permanent marsh have been developed
which is used extensively by waterfowl for nesting and as a resting and feeding area
during the spring and fall migrations. The primary objectives for the WMA’s are to
provide emergent marsh and grassland habitats for a variety of wildlife. At Tonawanda
WMA another objective is flood control. Public use opportunities are varied and include
(all pursuant to applicable regulations):
Hunting and fishing (pursuant to regulations)
Boating (no motors)
Camping, organized groups only by permit
Use of Oak Orchard Pavilion on Knowlesville Road
Use of Observation Tower on Albion Road
Photography (blinds available)
Hiking
Target Shooting
15. Historic Sites and Buildings
The historic Cobblestone Museum is located at Routes 98 and 104. This museum is the
only cobblestone museum in the world. It showcases the unique masonry construction
method using stones rounded and polished into cobble by glacial action. The museum
offers guided tours of seven buildings housing artifacts from the Cobblestone Era (18251860) including the oldest cobblestone church in North America. According to
researchers from Cornell University, 90% of all cobblestone structures in the US lie
within a 75 mile radius of the City of Rochester. (source: Preservation Magazine) Many
of those structures are in Orleans County.
The Courthouse Square Historic District is located in the heart of Albion. There stands
the 1858 Greek Revival Style dome County Courthouse and the 1882 County Clerk's
Building, surrounded by thirty-four architecturally significant structures. Seven churches
face the square, one of which was built in 1894 by George M. Pullman, who later
became a millionaire with the manufacture of railway sleeping cars.
The Erie Canal Culvert, located in the Town of Ridgeway, is the only tunnel allowing
motorists to drive under the Erie Canal. This unique feat of engineering was built to
avoid a very expensive and time-consuming construction of a bridge and approach roads
on both sides of the canal that would have been needed to carry traffic over the
waterway.
The Medina Railroad Museum is located in a 300 foot long wooden freight house built
in 1905. The center opened April 1997 with exhibits of railroad, fire and law
enforcement history.
85
The Mount Albion Cemetery is 100 acres of hills and dales encompassing 30,000
gravesites. The Soldiers and Sailors Monument Tower contains over 400 names of
Orleans County Civil War casualties engraved in marble slabs.
Listed below are selected historic sites located within the watershed which were
mentioned in An Appraisal of Potentials for Outdoor Recreation Development, Orleans
County New York, 1971- Inventory of Historic Areas:
• Branch of Grand Central Trail extending from Batavia to Lake Ontario
known by Pioneers as The Oak Orchard Trail, (On NYS Route 98 in Barre
Center)
• Fording Place, Used first by Indians later by early pioneers. The Oak
Orchard Trail from Batavia to Ontario crossed the creek here., (On County
Road about 2 miles northeast of Waterport, Town of Carlton)
• Ancient Mound, Built by the Algonquian Indians of the second period or
polished stone age, excavated in 1932-33 by Charles Wyman Palmer (On
bank of Oak Orchard Creek about 2 miles northeast of Waterport)
• Neuter Fort, Occupied in 14th Century by Neuter Indians. Only double
palisade fort in New York State. Destroyed by Iroquois 1650. Neuter Trail,
Used by Neuter Indians who occupied Fort. (Town of Shelby)
• TOWN OF BARRE, Elisha Wright, Early Pioneer of Barre, Built this house
in 1831, Founder of West Barre M.E., Church, 1833. Assemblyman, 1843,
Supervisor 1844. B. 1791 D. 1875, (On County Road ½ mile south of West
Barre)
• BRAGGS CORNER, Solomon Bragg with son Nathan were first settlers west
of Barre Center. Blazed forest trail to this place where they built a cabin in
1818, (On NYS 279 about 2 miles south-west of Barre Center)
• TOWN OF GAINES, First Academy, Between the Niagara and Genesee.
Built in 1825. Incorporated in 1827 Admitted to the Regents of State of N.Y.
in 1830. (On US 104 in Gaines)
• FIRST CHURCH, Built for public worship on Ridge Road between Niagara
and Genesee Rivers North of Batavia Erected in 1824, (On US 104 in
Gaines)
• TOWN OF RIDGEWAY, 1st Religious Society, Town of Ridgeway,
Organized August 1817. Recipient of Gospel Lot from Holland Land
Company. First Church dedicated in 1832.(On Presbyterian Street in
Knowlesville)
b. Erie Canal
The Erie Canal was proposed in 1808 to open up the country west of the Appalachian
Mountains. It was the engineering marvel of the nineteenth century. It was primary used to
carry produce to market because it was inexpensive and reliable. The canal was completed
by 1825. It connected the Hudson River and Lake Erie and is responsible for making New
York City a world trading center. It was originally 40 feet wide and 4 feet deep. It consisted
of 18 aqueducts, which carried the canal over rivers and large streams, 83 locks, a tow path
ten feet wide for mules, oxen and horses, and was able to facilitate boats with up to 30 tons
in freight. The canal was later expanded to meets the growing demands. It was expanded
between 1836 and 1862 to 70 feet wide and 7 feet deep. The number of locks was reduced
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from 83 to 72. With this improvement, the Canal could accommodate boats with up to 240
tons of freight. Once the tolls for the canal had paid for its construction in 1882, the tolls
were eliminated. In 1903 it was decided that the canal should be enlarged by the
construction of the Barge Canal. This canal would consist of the Erie Canal and the three
branches the Champlain, the Oswego and Seneca-Cayuga Canals. The resulting canal was
completed in 1918. The new canal was 12-14 feet deep and 120-200 feet wide.
The number of locks was once again reduced, this time to 57.
The Erie Canal opened the only trade route west of the Appalachians and prompted the first
great westward migration of American settlers. It made New York City the busiest port in
the United States. Rochester and Buffalo became the nation’s first boom towns. The towns
and villages in Oak Orchard Watershed grew and prospered as well.
Most importantly, today the Barge Canal significantly affects the Oak Orchard River. At the
hydropower facility in Medina, as much as 300 cubic feet per second (cfs) of surplus Canal
water is discharged in the River. At times this comprises a significant portion of the flow
downstream of the discharge point. It is also possible that there is water quality degradation
if the Canal water has poorer water quality than the native streamflow. Additionally,
tributaries of the Oak Orchard River cross the Canal at numerous locations; mixing of
waters occurs at several of these locations.
As mentioned in Chapter I, item g. there are significant planning efforts underway that will
influence the future management of the Erie Canal including the portions of the Canal
located within the Oak Orchard Watershed. New York State Planning initiatives include
development of the Western Erie Canal Heritage Corridor Management Plan, and the Erie
Canal Greenway Plan. National Planning efforts include development of the Erie Canalway
National Heritage Corridor Canalway Plan.
Refer to (Map IV B Canal) (ivb.pdf)
c. Land Transportation
1. Roads
The Oak Orchard Watershed is crossed by a systematic network of Federal, State and
County roads. Interstate 90 crosses the southern tip of the watershed in an east-west
direction to provide relatively easy regional access. The Lake Ontario State Parkway
crosses the Northern tip of the watershed in an east-west direction. Interstate 490
provides a direct connection to downtown Rochester, and the junction of Interstate 90
and Interstate 490 is directly south of Bergen. Several additional east-west state
highways connect more remote parts of the watershed (Routes 5, 18, 31, 31A, 104 and
262). North-south state highways are almost evenly spaced across the watershed and
provide convenient access to both points inside and outside the watershed (Routes 98, 77
and 63).
Additional county and town roads link these principal arteries to individual parcels of
public and private land. Thirty-two roads cross the waters of Oak Orchard River,
eighteen of which are major roads, providing points of public access to the stream and
also producing potential sources of nonpoint pollution.
87
Refer to (Map IV C1 Roads, by Category) (ivC1.pdf)
2. Railroads
There are abandoned and active railroad rights-of-way in or near the watershed. These
allow commercial and industrial access to the region, as well as a scenic tourist railroad
just south of the watershed. The abandoned rights-of-way are especially important
because they can serve as basis for a recreationway serving the watershed.
Refer to (Map IV C2 Railroads) (ivC2.pdf)
Also, refer to the tables and map below. Source: Regional Rights of Way Preservation
Action Plan, Abandoned Railroad Rights-of-Way in the Genesee-Finger Lakes Region (
Genesee Transportation Council – February 2005 http://www.gtcmpo.org/ )
ID
52
62
Inventory of Abandoned Railroad Rights-of-Way in the Genesee-Finger Lakes Region
Appendix B Inventory of Abandoned Railroad Rights-of-Way (page 8-10)
Corridor Name
Corridor Length Description
Location
(mi.)
(County)
New York Central –
Genesee
28.5 This intact corridor traverses Genesee County
West Shore Line
from the Erie County Line in the Town of
Alabama to the Monroe County Line in the
Town of Bergen.
Rochester, Lockport & Orleans
24.7 This intact corridor runs from the Niagara
Buffalo RR
County Line in the Town of Shelby to the
Monroe County Line in the Town of Clarendon.
This corridor is in use as a tourist railroad.
FALLS BRANCH RAILROAD AND THE
ERIE CANAL” EXCURSION TRAIN Relax
and enjoy a leisurely 34-mi. round trip (2 hour)
ride through the scenic Erie Canal Heritage
Corridor aboard comfortable vintage 1947 Budd
passenger coaches. The Falls Road RR runs a
total of 41.69 route miles, from milepost 58.29
in Lockport to the end of the line at milepost
16.60 (east end of Conrail's CP HOLI) in
Brockport. The tracks from MP 16.60 to about
MP 4 were taken out by Conrail in 1994 leaving the ROW intact with ballast still in
place.
46
New York Central –
Hojack Line
Orleans
23.7
This mostly intact corridor runs from the
Niagara County Line in the Town of Yates to the
Monroe County Line in the Town of Kendall.
88
Prioritized Rights-of-Way for Preservation in the Genesee – Finger Lakes Region
Corridor
Location
Length
Status
(mi.)
New York Central
Towns of Yates, Carlton, Kendall,
23.7
Mostly
RR – Hojack Line
Village of Lyndonville
Intact
New York Central
Towns of Pembroke, Batavia
12.7
Intact
RR – Peanut Line
New York Central
Towns of Alabama, Oakfield,
28.5
Intact
RR – West Shore
Elba, Byron, Bergen, Villages of
Line
Oakfield, Elba
Maps of these railroads are included in Appendix_IV(c)(3)_Trails.doc
3. Trails
Several trails are located within the watershed. Among the more popular places to hike
are the Iroquois National Wildlife Refuge, The Oak Orchard Wildlife Management Area,
and along the Barge Canal towpath. Swallow Hollow Nature Trail in Iroquois National
Wildlife Refuge is very popular. It is currently under repairs and should open up in
spring of 2006. This trail is a 1.2 mile loop through open swamps and forests. The
swamps are on either side of the trail and the terrain is relatively flat. Another trail
located at the Iroquois National Wildlife Refuge is the Kanyoo Nature Trail which is
accessible to those with disabilities, but is not considered ADA compliant. A significant
portion of Swallow Hollow Trail (when completed) will be ADA compliant.
A very high priority that has been identified during the production of this report is the
need to plan and develop trails and recreationways to provide access to, and to link the
natural resources in the watershed. There are a number of existing and potential routes.
The following is information from the Genesee Transportation Council, Regional Trails
Initiative, Final Report & Action Plan, dated March 2004. The complete report is
available at http://www.gtcmpo.org/. The information below describes existing and
recommended trails for activities that are located or would be located in the Oak Orchard
Watershed. Maps of these trails are in Appendix_IV(c)(3)_Trails.doc
89
Regional Trails Initiative - Phase 2 (Existing Trails)
Map
ID
Trail
Name
2
Northern
Genesee
County E/W
State
Snowmobile
Trail (SS
Trail #4D)
3
Central
Genesee
County E/W
State
Snowmobile
Trail (SS
Trail #4C)
6
38
44
45
Trail Limits
Approx.
Length
(ml.)
Corridor
Ownership
Trail
Surface
GENESEE COUNTY
NYSDEC
Ballast
Allowed Trail
Uses
Jurisdiction(s)
Trail
Management
Responsibility
Snowmobiling,
XC skiing
(officially);
pedestrian,
bicycling,
equestrian
(unofficially)
Vlg./Town of
Alexander
Town of
Bethany
Town of
Pavilion
NYSDEC
Town/Vlg. of
Bergen
Town of Byron
Town/Vlg. of
Elba
Town/Vlg. of
Oakfield
Town of
Alabama
Town of
Alabama
Town of
Pembroke
Town of
Batavia
Town of
Alexander
Genesee
County-based
snowmobile
clubs
Town of
Gaines
Town of
Ridgeway
Town of
Medina
Town of
Shelby
Town of
Ridgeway
Town of
Gaines, Albion
Village of
Albion
Town of
Carlton
Town of
Kendall
NYS Canal
Corporation
Town of
Shelby
Town of Barre
Town of
Clarendon
Town of
Murray
Town of
Kendall
Local
snowmobile
club(s)
Monroe/Genesee
county line in
the Town of
Bergen to
Genesee/Niagara
county line in
the town of
Alabama
Town of
Stafford (Tintersection with
SS Trail #4E)
west to
Genesee/Niagara
county line
31.0
26.0
Mix of
public and
private
ownership
Varies
Snowmobiling
State
Snowmobile
Trail #4G
Genesee/Orleans
county line in
Alabama south
and east through
Pembroke,
Batavia, and
Alexander to
intersection with
the Groveland
Secondary Trail
(see #1 above)
20.1
Mix of
public and
private
ownership
Varies
Snowmobiling
Canalway
Trail –
Village of
Albion to
Village of
Medina
State
Snowmobile
Trail #4G
Main Street in
the Village of
Albion to Bank
Street in the
Village of
Medina
Shelby/Alabama
town line north
through Shelby
and Ridgeway,
east through
Gaines and
Albion (along
town line), and
then north
through Gaines
and Carlton to
connect with SS
Trail #4H in
Kendall (see
below)
Town of Shelby
east through
Barre and north
through
Clarendon,
Murray and
Kendall to
connect with SS
Trail #4G
11.4
State
Snowmobile
Trail #4H
ORLEANS COUNTY
NYS Canal
Stone
Corporation dust
Pedestrian,
bicycling
31.6
Mix of
public and
private
(with
easements)
Unknown
Snowmobiling
30.6
Mix of
public and
private
(with
easements)
Unknown
Snowmobiling
Vlg. - Village
90
Genesee
County-based
snowmobile
clubs
Local
snowmobile
club(s)
Near Term Implementation Window
Map
ID
150
Trail Project
Name (listed
alphabetically)
Erie Canal Glenwood Lake
Connector Trail
Trail Project Description
Trail Project
Recommendations
Develop a multi-use connector trail
between the Erie Canal and Canalway
Trail in the Village of Medina to
Glenwood Lake
County
Jurisdiction(s)
Surface
Type
Estimated
Mileage
Orleans
Village of Medina
Town of Ridgeway
stone dust
1.5
Estimated
Project
Cost
$318,750
Project
Status
suggested
Western Orleans County Comprehensive Plan has a recommendation for trail along Oak
Orchard River from Iroquois NWR north to intersection with Knowlesville road.
Mid-Term Implementation Window
Map
ID
Trail Project
Name (listed
alphabetically)
135
NY Central
Westshore Branch
Rail Trail -Elba to
Alabama Segment
152
Oak Orchard River
Trail - Erie Canal to
Iroquois National
Wildlife Refuge
151
Oak Orchard River
Trail - Lake Ontario
to Erie Canal
Trail Project Description
Trail Project
Recommendations
Develop a multi-use trail from the
Byron/Elba townline to Ackerson Road,
Town of Alabama (near border with the
Tonawanda Indian Reservation)
(currently this corridor is used for
snowmobiling)
Develop a multi-use trail along the Oak
Orchard River from the Erie Canal in
the Village of Medina to the Iroquois
National Wildlife Refuge in the Town of
Shelby
Develop a multi-use trail along the Oak
Orchard River from Point Breeze in the
Town of Carlton to the Erie Canal in the
Village of Medina
County
Jurisdiction(s)
Genesee
Town/Vlg. of Elba
Town/Vlg. of
Oakfield Town of
Alabama
Surface
Type
Estimated
Mileage
Estimated
Project
Cost
stone dust
15.7
$3,056,250
suggested
Project
Status
Orleans
Village of Medina
Town of Shelby
stone dust
7.0
$1,350,000
suggested
Orleans
Town of Carlton
Town of Ridgeway
Village of Medina
stone dust
22.0
$4,350,000
suggested
Surface
Type
Estimated
Mileage
Estimated
Project
Cost
Project
Status
stone
dust
24.0
$4,687,000
suggested
Long-Term Implementation Window
Map
ID
Trail Project
Name (listed
149
Hojack
Corridor Rail
Trail
alphabetically)
Trail Project Description
Trail Project
Recommendations
Develop a multi-use trail on the
former Hojack Railroad corridor
from the eastern border of the
Town of Kendall to the western
border of the Town of Yates
County
Jurisdiction(s)
Orleans
Town of Kendall
Town of Carlton
Town of Yates
Village of
Lyndonville
NOTE : maps of these trails are in Appendix_IV(c)(3)_Trails.doc
d. Scenic Resources
Several scenic overlooks are found in the watershed. One can view the Cayuga Marsh from
Route 77, ½ mile north of the Kanyoo Trail, and Ringneck and Schoolhouse Marshes are
visible from Oak Orchard Ridge Road. There is an Observation Tower on Albion Road in
Oak Orchard Wildlife Management Area. The Soldiers and Sailors Monument Tower (if
accessible) at Mount Albion Cemetery may also provide an impressive view.
e. Land Use Trends
In Orleans County the estimated population in 2004 was 44,138. This was a decrease of
.07% from the 2000 census. The estimated population for Genesee County in 2004 was
59,689. This was a decrease of 1.13% from the 2000 census. The population within the
watershed decreased by 5% between the 1990 and 2000 censuses. Modest amounts of land
conversion to residential uses occur in the Oak Orchard Watershed and are concentrated in
91
suburban areas west of Rochester, especially in the Towns of Batavia, Albion and Medina.
Rural towns are slowly declining in population due to apparent population redistribution.
Population trends over time indicate that change in population density over the past few
decades have been modest, without significant changes in the land use character of the Oak
Orchard Watershed.
f. Governmental Policies and Regulation of Land Use
Under state statutes adopted in 1993, local governments are specifically authorized to enter
into agreements with counties that have established planning boards to have the county
planning agency carry out related tasks related to land use planning and zoning on behalf of
the local government. The services that counties may provide include, but are not limited to,
advice and assistance with the preparation of comprehensive plans, land use regulations, and
the formation of local agencies such as planning, zoning and conservation advisory boards.
The types of land use regulations that counties can help localities prepare include any local
ordinance or law regarding any aspect of land use and community resource protection. This
includes zoning, subdivision, site plan, special permit regulations and any others that specify
the appropriate use of property or the scale, location and intensity of land development.
Much more information about the role of government and government agencies in land use
and resource management can be found in Chapter I, section (g) of this report.
92
V.
Uses of Water
Surface and groundwater resources in the Oak Orchard Watershed are used for various
consumptive purposes. The primary agricultural uses include irrigation and water for
livestock.
1. Agriculture
2. Drinking Water
3. Consumptive Industrial Uses
4. Power Generation
5. Wildlife Habitat
93
VI. Water Quality
Individual water quality parameters shed light on the natural and anthropogenic factors that
influence the overall quality of water in the Oak Orchard Watershed. Overall, the historical
samples and the recent snap shot samples reviewed show some impact to water quality. For
information about the meaning of the various water quality parameters, please refer to
Appendix_VI_Water_Quality_Parameters.
a. Previous studies
The most comprehensive water quality study on Oak Orchard River was done by
Makarewicz and Lewis (1998, 1999) from June 1997 through May 1999 with funding from
the Orleans County Soil and Water Conservation District. During this study, Oak Orchard
River was continuously monitored using an automated gauging station setup on Townline
Road upstream of Lake Alice. The automated station measured discharge continuously and
hydrometeorological events were sampled automatically. Non-event stream conditions were
monitored via weekly grab sample throughout the two-year study. Water samples were
analyzed for total phosphorus, nitrate, total Kjeldahl nitrogen, total suspended solids and
sodium at a state and nationally certified laboratory at SUNY Brockport.
Water chemistry concentrations for both annual cycles are presented in Table 1 and
represent values found under both nonevent and event conditions. Mean nonevent
concentrations of total phosphorus exceeded 100 µg P/L in both years with phosphorus
concentrations increasing during events. To control eutrophication, the USEPA recommends
that total phosphate should not exceed 0.50 µg P/L in a stream at a point where it enters a
lake or reservoir. And the NYSDEC recommends that ambient phosphorus concentrations
not exceed 20 µg/L. Oak Orchard River routinely exceeded both of those recommendations
in terms of phosphorus in the late 1990s. Total suspended solids, sodium and total Kjeldahl
nitrogen all increased substantially during stream event conditions over their nonevent
counterparts. Nitrate did not approach the NYSDEC ambient concentration guideline of 10
mg N/L. Table 2 represents the mean daily loss of nutrients and material from the Oak
Orchard Watershed during the study period. The discharge of Oak Orchard River was
849,894 m3/day from June 1997 to June of 1998 and 956,238 m3/day from June of 1998 to
May of 1999. The study period occurred during a relatively dry period. The second year of
the study was over 7 inches of precipitation below the long term average as measured by the
National Weather Service office in Buffalo, NY. When compared with the other major
watersheds that flow through Orleans County, NY (Johnson Creek and Sandy Creek), Oak
Orchard River had the greatest loss of total phosphorus, nitrate and total Kjeldahl nitrogen in
both annual cycles monitored. This is also true when the data is normalized for watershed
area, that is on a per hectare of watershed basis. This makes Oak Orchard River the priority
watershed in Orleans County in terms of nutrient loss. Nearly 4,000 metric tons of
suspended solids were lost from the Oak Orchard Watershed during each year studied. There
was also evidence that Glenwood Lake reduced the magnitude of solids lost from the
watershed during hydrometeorological events.
94
Table 1 Mean (± standard error) water quality concentrations for two full annual cycles for
Oak Orchard River from June 1997 through May 1999 under both event and nonevent
stream conditions. This table is from Makarewicz and Lewis (1998, 1999).
June 1997 – June 1998
Nonevent
Event
Total phosphorus 126.4 ± 7.3
170.5 ± 16.2
(µg P/L)
(81.2 – 267.4)
Nitrate
1.07 ± 0.07
1.14 ± 0.07
(mg N/L)
(0.49 – 2.38)
Sodium
18.99 ± 0.60
19.80 ± 0.63
(mg/L)
(10.54 – 28.46)
Total suspended 8.7 ± 1.2
30.3 ± 5.4
solids (mg/L)
(0.2 – 32.2)
1029 ± 138
Total Kjeldahl 836 ± 40
(44 – 1380)
nitrogen
(µg N/L)
June 1998 – May 1999
Nonevent
Event
103.5 ± 5.4
145.4 ± 16.9
(33.5 – 212.0)
1.29 ± 0.13
2.10 ± 0.87
(0.27 – 4.38)
26.15 ± 1.71
36.87 ± 4.85
(14.47 – 58.98)
9.9 ± 1.7
25.4 ± 9.8
(0.1 – 78.0)
667 ± 38
1087 ± 34
(80 – 1250)
Table 2. Discharge and loss of nutrients and materials from Oak Orchard River during full
annual cycles from June 1997 through May 1999. Data is from Makarewicz and Lewis
(1998, 1999).
June 1997 – June 1998
Discharge (m /day)
849,894
Total phosphorus (kg/day)
129
Nitrate (kg/day)
1,017
Sodium (kg/day)
15,402
Total suspended solids 12,037
(kg/day)
Total Kjeldahl nitrogen 782
(kg/day)
3
June 1998 – May 1999
956,238
106
1,683
25,077
10,819
763
There are additional studies on tributaries of Oak Orchard River that have also been done by
SUNY Brockport at the behest of the Orleans County Soil and Water Conservation District
(Makarewicz and Lewis 2001 and 2003). Point and nonpoint sources of nutrients and soil
loss from Otter Creek and Marsh Creek have been identified by segment analysis. A
segment analysis is currently being completed for Fish Creek with final results due out in
December 2005.
In Marsh Creek and one of its tributaries Beardsley Creek, seven areas were identified as
being sources of nonpoint pollution (see Figure 1). The sources were predominately
agricultural in nature. In the Otter Creek watershed, two consistent sources of nutrients and
soil were identified as well as a single intermittent source of nitrogen (Figure 2).
95
Figure 1. Results of a segment analysis of the Marsh Creek watershed by Makarewicz and
Lewis (2001) of the State University of New York at Brockport. Highlighted regions are
identified sources of the listed constituents.
96
Figure 2. Results of a segment analysis of the Otter Creek watershed by Makarewicz and
Lewis (2003) of the State University of New York at Brockport. Highlighted regions are
identified sources of the listed constituents.
97
b. Snap Shot Study – June 21, 2005
Procedures
A snap shot sample was collected at 11 points throughout the watershed on 21 June
2005. One liter samples were collected in high density polyethylene bottles and returned
to the Geochemistry Lab at SUNY Brockport where they were stored in a refrigerator
until analyzed. All samples were analyzed for major cations, major anions, trace metals
and turbidity.
Water samples for analysis by ICP-AES were digested following USEPA SW846
Methods 3010A with slight modification. The modified method uses only HNO3 for
digestion of a 50ml sample of water. This procedure optimizes performance of the ICPAES, and eliminates Cl- interference with Ag analysis.
ICP analyses were completed using a Thermo Elemental IRIS 1000 ICP-AES using an
axial viewing of the plasma. Method detection limits (MDL) for the samples analyzed
are listed in the following table. MDL is the average plus 3 standard deviations of 15
blank samples.
ICP Method Detection Limits (mg/L)
Ag
0.0004
Mg
0.08
Al
0.12
Mn
0.002
As
0.01
Mo
0.01
Ba
0.006
Na
0.4
Ca
0.3
Ni
0.004
Cd
0.002
P
0.01
Cr
0.002
Pb
0.005
Cu
0.003
S
0.03
Fe
0.02
Sr
0.005
K
0.03
Zn
0.009
Anions in water samples, including Cl-, NO3-, PO4-3 and SO4-2 were analyzed by ion
chromatography following USEPA SW84 Method 9056. Slight modification of the
published method is required to accommodate more modern equipment that are PC
controlled and run at higher pressure. The instrument, a Dionex DX600 was operated at
1125 to 1225 psi with a eluent flow rate of 1.2 ml per minute. The eluent was a 30
mmol KOH solution. Sample was introduced using a 25 microliter sample loop.
Separations were performed using an AS18 guard and analytical column. Method
detection limits for the anions reported are listed below. MDL is the average plus
standard deviation of 10 blank samples.
Anion Chromatography Method Detection Limits (mg/L)
Cl-
NO3-
PO4-3
SO4-2
CO3-2
0.5
0.04
0.06
0.2
1.0
Turbidity was analyzed using a Vernier Instruments Turbidity Sensor. The sensor is a
nephelometer with a detection limit of 0.25 NTU.
98
Results
Results of the snap shot study show major cations and anions to be generally found in
ranges consistent with the region, although some notable exceptions were determined.
Trace elements were determined, but none were found to be in concentrations of any
significance to this report and have been omitted. Turbidity was found to be low in most
samples. This was an expected result as the sampling occurred during base flow.
Results show high levels of sulfate in some samples. Sulfate values range from
approximately 48 to over 1000 mg L-1. The high sulfate concentrations may be related
to an abandoned gypsum (CaSO4-2H2O) mine within the watershed. A comparison of
calcium and sulfate concentrations (Figure 3) shows some correlation, supporting this
conclusion.
Ca vs. SO4 - Oak Orchard Creek
1200
SO4 (mg/L)
1000
800
R2 = 0.8499
600
400
200
0
0
50
100
150
200
250
300
Ca (mg/L)
Figure 3. Correlation of calcium and sulfate concentrations in Oak Orchard Watershed
snap shot study samples. The reasonably strong correlation suggests impact to the creek
from a local abandoned gypsum mine.
Total phosphorus concentrations were also found to be high with values ranging from
0.1 to 2.1 mg L-1 PO4-3. These values correspond to 65 to 698 µg P L-1. Total
phosphorus is a measure of all P species in a sample. As P is often found associated
with suspended sediment, a comparison of total P with turbidity often shows a strong
correlation. Figure 4 shows a correlation between P and turbidity for the snap shot study
samples. Despite the relatively low turbidity values found due to the sampling time, an
apparent correlation is seen.
99
Turbidity vs. Total PO4
Oak Orchard Creek
2.5
PO4 (mg/L)
2.0
1.5
1.0
R2 = 0.7535
0.5
0.0
0.0
10.0
20.0
30.0
40.0
50.0
Turbidity (NTU)
Figure 4. Correlation of Turbidity with total P in snap shot study samples shows an
apparent correlation. Turbidity values are low as the sampling occurred during a base
flow period.
Nitrate values were found to range from 0.9 to 7.0 mg L-1. Although these
concentrations are not of immediate concern with respect to drinking water standards,
the elevated values may play a role in degradation of water quality. Additionally, these
values are slightly higher than previously reported values.
The total dissolved solid (TDS) concentrations were found to exceed guidelines in some
samples. Values for TDS ranged from 207 to 1540 mg L-1. The high TDS values are
related to the high sulfate concentrations.
Hardness values determined in Oak Orchard River were found to range from 134 to 791
mg/L in the basin wide snap shot sampling. Mean and median values were calculated to
be 317 and 212 mg/L, respectively. In all cases, water samples are classified as hard to
very hard.
100
Table 3 - Oak Orchard Watershed - Snap Shot Samples (June 21, 2005)
Total
Site Na K
Ca
Mg Cl
CO3 SO4
TDS NTU NO3 PO4
90.1
471.3 6.8
5.4 0.4
S0 68.8 2.7 92.7 34.9 143.1 39
136
430.7 40.8 2.2 2.1
S1 29 4.51 131.6 37.1 64.5 28
7.0 0.9
S2 41.8 2.38 264.6 31.7 86.6 47.2 *1066.3 1540.6 9.4
S3 26.8 2.94 125.7 26.8 68.3 43.6 *477.6 771.7 46.9 3.9 1.4
S4 22.7 2.41 111.2 23.9 56.9 41.2 *389.6 647.9 30.8 2.1 1.4
282.7 4.1
1.5 0.3
S6 20.9 1.29 53.6 12 50.7 23.1 121.1
21.9 57.5 37.5 48.4
236.2 2.8
1.3 0.1
S7 20.6 1.27 49
319.3 9.4
1.5 0.3
S9 20.7 1.28 52.3 11.8 50.8 16.4 166
238.3 21.3 1.2 0.4
S10 20.8 1.17 41.3 11.1 53.7 21.5 88.7
285.4 10.8 0.9 0.2
S11 20.6 1.13 52.9 12.3 50.4 25.7 122.4
207.6 4.1
1.1 0.2
S12 24.3 1.12 37.9 9.6 60.1 15.1 59.5
All values in mg/L
* values exceed 2x high standard
Total PO4 determined by ICP-AES
Soluble PO4 determined by Ion Chromatography
ND - non detect
101
Soluble
PO4
ND
0.9
ND
ND
ND
ND
ND
ND
ND
ND
ND
Lake Water Quality
As discussed in the fisheries section (Chapter III), water samples were taken at several
sites in Glenwood Lake and Lake Alice. The data obtained from laboratory analysis are
shown in Table 4. Results of major anion chemistry from Glenwood Lake (GL) and
Lake Alice (LA) do not show any significant impacts that might cause degradation in
water quality and loss of fish habitat. Concentrations listed are in mg/l. For sample
locations, refer to (Map VI A Lake Water Quality) (viA.pdf)
Table 4 – Water quality in Glenwood Lake and Lake Alice
Sample
Lake Alice A
Lake Alice B
Lake Alice C
Lake Alice D
Glenwood Lake A
Glenwood Lake B
Glenwood Lake C
Glenwood Lake D
Cl
43.1
36.8
39.4
41.6
35.9
32.1
34.7
36.2
SO4
113.1
105.5
123.3
125.5
108.2
88.6
93.3
102.5
CO3
22.2
19.9
16.2
16.7
13.9
19.7
13.9
12.8
NO3
0.8
0.7
0.8
0.7
0.4
0.7
0.6
0.3
PO4
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
USGS National Water Information System
The USGS has assembled water-resources data from approximately 1.5 million sites
across the United States, Puerto Rico, and Guam into a data repository called the
National Water Information System (NWIS). Various types of data are included.
Surface-water data, such as gage height and stream flow, are collected at rivers, lakes,
and reservoirs. Groundwater data, such as water level, are collected at wells. Water
quality data is sometimes available for both surface water and groundwater. Examples
of water-quality data collected are temperature, specific conductance, pH, nutrients,
pesticides, and volatile organic compounds. A total of 28 data sites are within the Oak
Orchard Watershed. At many of these sites there is only a single data point.
Refer to (Map VI A1 USGS NWIS Data) (viA1.pdf)
Recommendations
The amount of water quality data is very modest for a watershed the size of Oak Orchard
River. There is no permanent continuous discharge monitoring station like those
operated by the United States Geologic Service (USGS) on Oak Orchard River. A
comprehensive water quality monitoring program should be initiated on the watershed
with the following goals.
• To establish a consistent, reliable database of basic parameters such as discharge,
total phosphorus, soluble phosphorus, nitrate, suspended solids, organic nitrogen,
and bacteria. This database can be used as a benchmark to measure the progress and
success of future management practices that potentially will be implemented in the
watershed.
102
•
•
A periodic update of annual cycles of continuous discharge and loading of nutrients
and soil loss like the Makarewicz and Lewis studies of the late 1990s. This will help
to determine any trends that are occurring within the watershed.
To continue the process of identifying and prioritizing point and nonpoint sources of
pollution to Oak Orchard River. Once identified, funding should be sought to address
and remediate the priority sources.
Impact to sediment has not been studied in the watershed. Sediments within the stream
bed or those that have accumulated behind dams may act as sources of contaminants in
the future. A detailed study of sediments should address the following goals.
• To establish a reliable database of basic parameters such as particle size, organic
matter content, total phosphorus and total trace metals in near surface sediments.
• To determine the rate of sediment influx and storage behind dams.
• To determine the impact of sediment transport and deposition in wetlands associated
with stream margins. These wetlands may serve as sinks for excess nutrients and
potentially toxic trace metals.
Maps and photographs of the snapshot survey can be viewed via the Oak Orchard
Watershed ARCIMS website at:
http://vortex.weather.brockport.edu/~jzollweg/oakorchard/
References
Makarewicz, J.C., and T.W. Lewis 1998. Nutrient and sediment loss from watersheds of
Orleans County. Technical report to the Orleans County Soil and Water Conservation
District, Albion, NY.
Makarewicz, J.C., and T.W. Lewis 1999. Nutrient and sediment loss from watersheds of
Orleans County – Year 2. Technical report to the Orleans County Soil and Water
Conservation District, Albion, NY.
Makarewicz, J.C., and T.W. Lewis. 2001. Segment analysis of Marsh Creek, the location
of sources of pollution. Part of the Lake Ontario watershed located in Orleans County,
NY. Technical report to the Orleans County Soil and Water Conservation District, Albion,
NY.
Makarewicz, J.C., and T.W. Lewis. 2003. Segment analysis of Otter Creek. Technical
Report to the Orleans County Soil and Water Conservation District. Albion, NY.
c. Water Discharge Management
1. Industrial Discharge
Numerous types of discharges fall into the category of industrial discharge. For this
report industrial discharges will include SPDES permitted facilities, salt storage
facilities, and toxic release inventory registered facilities.
103
SPDES
SPDES permitted facilities are the most numerous known, point sources of discharge in
the watershed. For the Oak Orchard Watershed, SPDES facilities include industrial and
manufacturing facilities, sewage treatment plants, restaurants, mobile home parks and
some individual residences. According to the New York State Department of
Environmental Conservation Environmental Navigator (online) there are seven SPDES
discharge sites in the watershed.
Salt Storage
Although not strictly industrial processing facilities, salt storage and chemical bulk
storage facilities may represent potential impacts to the watershed. There are 11 salt
storage facilities which are operated by the NY State Department of Transportation or
local municipalities in the Oak Orchard Watershed.
TRI
Toxic Release Inventory Facilities (TRI) are regulated under the Emergency Planning
and Community Right-to-Know Act (EPCRA) of 1986. EPCRA’s primary purpose is to
inform communities and citizens of chemical hazards in their areas. Businesses are
required to report the locations and quantities of chemicals stored on-site in order to help
communities’ prepare to respond to chemical spills and similar emergencies. There are
four TRI sites in the Oak Orchard Watershed.
Refer to (Map IV A7 Waste Sites and TRI) (ivA7.pdf)
2. Agriculture Discharge
Agricultural discharges can be grouped into point and non-point source discharges. Nonpoint source discharges would include transport by runoff or groundwater of excess
nutrients and/or pesticides that are broadly applied to agricultural fields. Point source
discharges would include agricultural operations that occur in small confined areas.
CAFOs are discharge permits which are issued by the NYSDEC for Concentrated
Animal Feeding Operations (CAFOs). A CAFO is any farm that houses a significant
number of animals for at least 45 days in a year. These farms are places into categories
defined by the number and type of animals present. CAFOs are permitted under the
USEPA Clean Water Act. Farms permitted as CAFOs are required to develop
Comprehensive Nutrient Management Plans and Agricultural Waste Management Plans.
These plans are designed so that a farm is operated such that there is a zero discharge
except in the event of a storm resulting in greater than local 25-year 24-hour rainfall.
There are 7 CAFOs in Genesee County and 3 CAFOs in Orleans County for a total of 10
CAFOs in the watershed.
3. Sanitary Discharge
A waste water treatment plant serves the Village of Albion.
Refer to (Map VII B3 Other Water Management) viiB3.pdf)
104
4. Stormwater Runoff Management
Stormwater runoff is a major pathway for transporting sediment and other materials
from the watershed to the surface water network. The porous and varied terrain of
natural landscapes like forests, wetlands, and grasslands trap rainwater and snowmelt
and allow it to slowly filter into the ground. Runoff tends to reach receiving waters
gradually. In contrast, nonporous developed landscapes like roads, bridges, parking lots,
and buildings don't let rainfall slowly percolate into the ground. Water remains above the
surface, accumulates, and runs off in large amounts.
Municipalities install storm sewer systems to quickly channel runoff from roads and
other impervious surfaces. As the runoff enters the storm sewer system it gains speed
and when the water leaves the system and empties into a stream, large volumes of high
velocity runoff can erode streambanks, damage streamside vegetation, and widen stream
channels. This results in lower water depths during non-storm periods, higher than
normal water levels during wet weather periods, increased sediment loads, and higher
water temperatures. Runoff from roads can contribute to water quality and habitat
degradation of streams and lakes. Sediment and chemicals originate from winter deicing
agents, shoulder ditching practices to maintain swales, and storm drains with inadequate
provision for sediment removal. Development activities can also increase the variety
and amount of pollutants transported to receiving waters. Sediment from development
and new construction; oil, grease, and toxic chemicals from automobiles; nutrients and
pesticides from turf management and gardening; viruses and bacteria from failing septic
systems and pet waste; road salts; and heavy metals are examples of pollutants generated
in urban areas. Sediments and solids constitute the largest volume of pollutant loads to
receiving waters in urban areas.
MS4
According to the 1996 National Water Quality Inventory, stormwater runoff is a leading
source of water pollution. Stormwater runoff can severely impact surface waters such as
rivers, lakes, and streams which in turn cause or contribute to water quality standards
being exceeded. This runoff can change natural hydrologic patterns, accelerate stream
flows, destroy aquatic habitats, and elevate pollutant concentrations and loadings.
The Stormwater Program for municipalities that have MS4s (Municipal Separate Storm
Sewer Systems) is intended to reduce the amount of sediment and pollution that enters
surface and groundwater from storm sewer systems. Stormwater discharges associated
with MS4s are regulated through the use of National Pollutant Discharge Elimination
System (NPDES) permits, which are legal documents. Through this permit, the owner or
operator is required to develop a stormwater pollution prevention program (SWPPP) that
incorporates best management practices (BMPs) applicable to their MS4.
Currently within the Oak Orchard Watershed there are no regulated MS4s, although this
might change with the next round of regulatory progress.
105
VII. Water Quantity
a. Hydrologic Assessment of Tributaries in Oak Orchard Watershed
Effective watershed planning requires an understanding of the relative contribution of
tributaries toward the hydrology of the watershed. This includes pollutant loads such as
dissolved nutrients and particulates as well as runoff and baseflow fluxes. Timing of
these flows can be critically important, for predicting the spatial extent and recurrence
interval of flooding zones. Obviously the best way to characterize these processes is
with field data such as gaged streams and periodic water sampling. With the exception
of flow and water quality data collected by this assessment, four sites with peak
discharge estimates (USGS 0419922, 04219925, 04129930, 04220159), two sites with
limited historic water quality sampling (USGS 0422016550, 042201554) this
information does not exist in this watershed.
The largest flow rates that have been reported are 1,625 cfs on March 27, 1936 at
Glenwood Development and 4,789 cfs on April 26, 1957 at Waterport Development.
These sites are now regulated by large hydropower dams, which alter the streamflow
characteristics. Also, there have been changes in the watershed since these flows were
recorded, and flow data collection long since been stopped at these sites.
In lieu of field data, simple GIS based models and subbasin catchment characteristics
can be used to rate tributaries in runoff and load potential. While these models cannot
predict flows and loads with absolute accuracy, they can be used to rank subbasins in a
semi quantitative way for planning purposes. In this assessment we have divided the
catchment into named and unnamed subbasins and have collected drainage basin
characteristics that can be used to describe their hydrology. Refer to (Map II C
Boundaries of Watershed and Subs) (iiC.pdf). Using these physical characteristics, as
well as soil and landcover data we have assessed their potential for producing surface
runoff and producing phosphorous loads. We have also attempted to characterize the
time of concentration (an index of flashiness that is strongly associated with stream
power and erosion potential) using a simple empirical approach developed by the NRCS.
Basin flow rates were estimated using an empirical relationship between peak flow and
drainage area developed for streams in south central New York (ref). To identify sites of
concern within Oak Orchard, we also employed a phosphorous loading model that uses
topographic information to define the important sediment and phosphorous flow paths
within the watershed. The methodology and results of these analyses are described in
turn.
b. Catchment characteristics of Oak Orchard Tributaries related to Flow
The following catchment characteristics were evaluated for all named and unnamed
tributaries:
Drainage area: This parameter is strongly related to flow volume and was calculated
with GIS using digitized watershed boundaries.
106
Channel length: Related to the speed with which the watershed responds to precipitation
events, it is a critical parameter governing the flashiness of the tributary. The length
and shape of the main channel was characterized with GIS using a 1:24000 scale
map of streams.
Average CN: Runoff curve number (CN) is an index that is related to runoff potential.
This index was computed for each tributary catchment using SSURGO soil and 1990
Landuse data.
Imperviousness: Imperviousness is the fraction of the watershed covered by
anthropogenic landcover that forms a barrier to infiltration. This descriptor has
been shown to be strongly linked to stream temperature, runoff volume and stream
energy and is also related to aquatic stream health. Anthropogenic imperviousness
was estimated from 1990 landcover using imperviousness statistics extracted from
the Rouge River Wet Demonstration Project (Cave et al, 1994)
Channel slope: The average slope of the main tributary channel is used to predict
hydrologic response time of the tributary. It was calculated by dividing the
difference between the elevation at the downstream and upstream end of the main
channel with the length of the main channel.
c. Flow volumes from design storms and hydrologic response time
Design storms are precipitation volumes in rainstorm events that have a specific
recurrence interval that are important for geomorphic and engineering considerations.
For Oak Orchard Watershed, 1 year, 10 year and 100 year storms are 2.1, 3.5 and 4.8
inches of rainfall in a 24 hour period respectively (DEC, 2003). It should be noted that
these estimates are low since precipitation data more recent than 1966 was not used to
estimate them. Runoff from these design storms were calculated using the NRCS curve
number approach (NRCS, 1975) using drainage area and curve number. Time of
concentration (in hours) was computed from catchment area, main channel length, main
channel slope and curve number using the SCS unit hydrograph approach. Bankfull
discharge rates were calculated from drainage area using an empirical relationship
developed for south central NY streams. These values should be treated as rough
estimates since no streams in the Oak Orchard Watershed were used in the data that was
used to develop the empirical relationship. Tables 5 and 6 presents the result of these
calculations in order of decreasing runoff potential. These tables also reveal the
catchment characteristics of each subwatershed.
Table 5 – Flow Rate Estimates for 1-year Storm
Channel
1 Year storm event *
AREA
ave CN % slope length ft T conc
Qp cfs
Runoff acre- Bankfull Q cfs
mi
hr**
ft
***
Agriculture Areas
45.07
76.3
0.16 79536
29.9
248.3
1146.2
1115.0
Marsh Creek
25.68
80.3
0.21 74313
21.4
237.4
873.0
695.1
Otter Creek
22.84
78.5
0.23 93822
26.5
161.1
683.8
629.9
UN19
19.99
81.2
0.35 50774
12.0
273.2
722.8
563.3
Fish Creek
18.98
80.2
0.25 63167
17.5
197.3
640.9
539.3
NAME
107
Whitney Creek
UN20
Beardsley Creek
Brinningstool
Creek
UN17
UN1
UN13
UN11
UN9
UN5
UN18
UN21
UN7
UN2
UN8
UN14
UN4
UN3
UN12
UN16
UN6
UN15
UN10
16.34
13.06
10.29
9.54
81.2
80.9
79.0
79.6
0.22
0.05
0.27
0.23
60890
37066
59318
40677
17.4
25.6
16.5
12.9
182.7
111.7
101.6
112.4
590.9
462.6
319.4
309.0
475.6
393.9
322.5
302.6
8.53
7.17
3.79
3.63
3.47
3.43
3.13
3.10
2.68
2.50
2.09
1.74
1.20
1.20
0.97
0.70
0.66
0.62
0.52
80.2
78.3
85.4
82.3
75.9
79.2
79.8
80.1
71.6
80.0
83.4
80.0
81.0
81.1
83.4
83.8
82.3
84.3
85.6
0.10
0.32
0.09
0.17
0.34
0.53
0.40
0.19
0.18
0.64
0.43
0.11
0.64
0.61
0.10
0.17
0.44
0.19
0.13
31364
28978
16324
18510
16414
19127
10855
20000
25788
14163
19906
10228
13152
15080
6877
10301
9423
11487
8462
15.8
8.7
8.1
7.3
5.8
4.7
3.4
8.0
12.7
3.3
4.7
6.3
3.0
3.4
4.2
4.4
2.7
4.5
4.0
94.1
92.7
81.4
66.3
43.8
58.6
60.5
47.3
16.9
49.4
47.4
28.8
25.9
25.3
22.8
16.5
15.8
15.0
14.1
288.0
211.7
180.2
141.2
85.7
108.0
102.7
104.0
46.2
83.2
87.3
57.9
42.8
43.0
40.7
29.8
25.5
27.4
24.8
275.4
238.1
139.4
134.3
129.5
128.2
118.6
117.8
104.0
98.2
84.4
72.5
53.1
52.9
44.4
33.5
31.9
30.3
26.1
*A 1 year event in Oak Orchard Watershed is 2.1 inches of rain in 24 hours (DEC, 1993). This is
probably an underestimate.
**Estimated using the SCS Time of concentration formula from watershed area. This area will have
to be adjusted to remove internally drained regions within the watershed.
***Estimated using regionalized bankfull-discharge equations developed for streams in central NY
(Westegard et al, 2004).
108
Table 6 – Flow Rate Estimates for 100-year Storm
Channel
100 Year storm event *
AREA
ave CN % slope length ft T conc
Qp cfs
Runoff acre- Bankfull Q cfs
mi
hr**
ft
***
Agriculture Areas
45.1
76.3
0.16 79536
29.9
1333.4
6156.3
1115.0
Marsh Creek
25.7
80.3
0.21 74313
21.4
1087.6
3999.2
695.1
Otter Creek
22.8
78.5
0.23 93822
26.5
790.7
3356.9
629.9
UN19
20.0
81.2
0.35 50774
12.0
1210.4
3202.5
563.3
Fish Creek
19.0
80.2
0.25 63167
17.5
907.1
2946.9
539.3
Whitney Creek
16.3
81.2
0.22 60890
17.4
809.5
2618.1
475.6
UN20
13.1
80.9
0.05 37066
25.6
500.4
2072.5
393.9
Beardsley Creek
10.3
79.0
0.27 59318
16.5
489.1
1537.8
322.5
Brinningstool
9.5
79.6
0.23 40677
12.9
528.7
1453.3
302.6
Creek
UN17
8.5
80.2
0.10 31364
15.8
432.8
1324.1
275.4
UN1
7.2
78.3
0.32 28978
8.7
458.8
1047.5
238.1
UN13
3.8
85.4
0.09 16324
8.1
311.0
688.8
139.4
UN11
3.6
82.3
0.17 18510
7.3
282.1
601.0
134.3
UN9
3.5
75.9
0.34 16414
5.8
239.3
468.1
129.5
UN5
3.4
79.2
0.53 19127
4.7
279.7
515.9
128.2
UN18
3.1
79.8
0.40 10855
3.4
282.5
479.3
118.6
UN21
3.1
80.1
0.19 20000
8.0
218.1
480.0
117.8
UN7
2.7
71.6
0.18 25788
12.7
113.3
308.9
104.0
UN2
2.5
80.0
0.64 14163
3.3
228.7
385.7
98.2
UN8
2.1
83.4
0.43 19906
4.7
194.1
357.7
84.4
UN14
1.7
80.0
0.11 10228
6.3
133.3
268.4
72.5
UN4
1.2
81.0
0.64 13152
3.0
115.4
191.2
53.1
UN3
1.2
81.1
0.61 15080
3.4
112.3
191.2
52.9
UN12
1.0
83.4
0.10
6877
4.2
93.4
166.5
44.4
UN16
0.7
83.8
0.17 10301
4.4
66.5
120.5
33.5
UN6
0.7
82.3
0.44
9423
2.7
67.1
108.5
31.9
UN15
0.6
84.3
0.19 11487
4.5
59.7
108.6
30.3
UN10
0.5
85.6
0.13
8462
4.0
53.5
94.3
26.1
NAME
*A 100 year event in Oak Orchard Watershed is 5 inches of rain in 24 hours (DEC, 1993). This is
probably an underestimate.
**Estimated using the SCS Time of concentration formula from watershed area. This area will have
to be adjusted to remove internally drained regions within the watershed.
***Estimated using regionalized bankfull-discharge equations developed for streams in central NY
(Westegard et al, 2004).
d. Phosphorous Loads
Runoff calculated with the SCS runoff equation can be converted to a load by
multiplying runoff volume with the average concentration of phosphorous picked up by
runoff. Called an event mean concentration (EMC), this value is usually close to the
flow weighted mean concentration of phosphorous obtained from multiple water quality
samples taken in the same precipitation event. EMC's have been compiled for different
land uses using the Rouge River Wet demonstration project. These values can be used
to compute phosphorous loads from specific landuses in Oak Orchard. Note that these
109
calculations do not consider point sources of phosphorous and phosphorous inputs
caused by failed septic fields. These sources have been demonstrated in other areas to
be important contributors to non point source pollution.
e. Phosphorous Transport Paths
Refer to a Powerpoint presentation named
CD in the supplemental materials folder.
oakorchard_phosphorus_paths.ppt
on the
f. Potentials, Limitations, Recommendations : Hydrologic Modeling
Watershed modeling is one among many assessment tools used in watershed planning
and management. Models are a reflection of our understanding of watershed systems. As
with any tool, the answers they give are dependent on how we apply them, and the
quality of these answers is no better than the quality of our understanding of the system.
The first step in choosing a model for watershed assessment is to step back and decide if
a model is needed at all, or whether another assessment tool might be better for the given
situation.
Modeling is frequently used to help build an understanding of a water quality problem.
Simple models, such as loading coefficients, can aid in identifying areas where runoff is
greatest and identify areas which are likely to generate the largest loads of a given
pollutant. Such modeling is particularly useful for obtaining initial estimates of nonpoint
loads. It is very difficult to gather monitoring data on nonpoint runoff flow and pollutant
loads, this makes modeling of runoff-generated loading an attractive option. Models are
also useful for extrapolating from current conditions to potential future conditions.
General issues
The calculations presented form a reasonable first step towards understanding the Oak
Orchard stream system and identifying areas of concern. However, they have significant
limitations caused by:
The age of the land cover data (1990)
Inadequate imperviousness estimates derived from the above.
EMC values taken from an area (southeast Michigan), which while similar in some
respects, is different in other ways that could impact water quality landcover
relationships.
Design storms are probably low which means that 1 year and 100 year flow volumes are
underestimates.
Traditional groundwater divides were used for the phosphorous load and surface runoff
calculations. The surface water divides associated with the connected drainage network
should really be used for these assessments.
In addition to inadequacy of the data, there are problems with the simple models used in
this hydrologic assessment. The SCS curve number approach is empirical and does not
consider antecedent water conditions, snow melt, variable contributing source areas and
110
contributions from urban and agricultural drainage features. Application of a hydrologic
model that deals with these processes will provide better, more realistic results.
Nonpoint source pollution estimates need to include contributions from failed septic
fields, which have been shown to be a significant cause of stream and lake impairment.
Suggestions for further work are summarized below.
Identification of topographically connected and internally drained regions
The glacial topography in the watershed is complex and contains large areas of
internally drained topography. These areas must be mapped more accurately to produce
loading estimates that are realistic. These depressional areas commonly contain
wetlands and can be important groundwater recharge areas. They also provide sites that
could be used for stormwater mitigation.
Accurate assessment of non point source pollution potential
Nonpoint source pollution loads need to be more accurately estimated using a model that
considers septic field use and average failure rates. They also should be computed
strictly from portions of the watershed that are topographically upslope of the connected
drainage network. These areas need to be mapped from available topographic data.
Storm sewer systems and agriculture tile drains may greatly increase the extent of
topographically connected areas. These features must be mapped, identified and
considered in stormwater and watershed planning activities.
Development of baseline hydrologic models appropriate for land use planning
Hydrologic models provide a useful tool for making sound environmental decisions
involving land use planning, zoning and development.
Periodic collection of flow and water quality data
Modeling approaches cannot replace hydrologic description made from actual flow
estimates. Such data are also required to calibrate the hydrologic models needed to
make sound watershed management decisions. Sites should be selected for gaging and
for periodic collection of water quality and biologic data. The latter information is
critical for evaluating the aquatic health of streams. Macroinvertabrate surveys are very
useful in this regard. Long term periodic sampling are important for establishing
baseline stream conditions which enable problems and unhealthy trends to be quickly
identified and dealt with. Water quality data will also be useful in developing EMC
values more appropriate for the watershed. Discharge data will also enable the
extraction of observed unit hydrograph parameters that will improve the accuracy of
flow prediction in hydrologic models.
Drainage Infrastructure
1. Water Control Structures
32 miles of dikes and 60 water control structures stabilize the waters within the
Tonawanda and Oak Orchard Management Areas. Currently 4,000 acres of
permanent marsh has been developed using these water stabilizing techniques. These
impoundments are capable of storing up to 4,000 acre-feet of flood water.
2. Storm Sewer Systems
Please refer to Chapter VI, section c, subsection 4.
111
3. Other Stormwater Runoff Management : CSO’s
A combined sewer overflow (CSO) is a pipe that, during rain storms, discharges
untreated wastewater from a sewer system that carries both sewage and stormwater.
The overflow occurs because a system does not have the capacity to transport and
treat the increased flow caused by stormwater runoff. There are thirteen CSO’s in the
Oak Orchard Watershed. Eleven of these CSOs are located in Media. Receiving
waters include the Erie Canal and Oak Orchard River.
Refer to (Map VII B3 Other Water Management) (viiB3.pdf)
Refer to (Map VII B3a CSO in Medina) (viiB3.pdf)
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VIII. Tourism
Tourism plays a major role in the economy of the watershed communities, especially in
Orleans County. Boating, fishing, canoeing, water sports, cross-country skiing, hiking, and
hunting provide countless recreational opportunities for the outdoor enthusiast. The Oak
Orchard River, a world-renowned sport fishery, is central and essential to the fishing and
tourism industry in Orleans County. Water is intimately linked to all forms of tourism and
recreation throughout the Watershed. In order to maintain the local economy support
residents’ desired lifestyle, it is absolutely critical to sustain the natural systems which
support tourism recreation.
The resources of the Oak Orchard Watershed that have been presented throughout this State
of the Basin Report are all vital to maintaining a lively and economically productive tourism
industry. Some of these resources are:
Erie Canal Trailway
New York Seaway Trail - Refer to section I(f)(9) The Seaway Trail – National Scenic
Byway, which discusses this valuable and vital corridor which passes through the Oak
Orchard Watershed.
Oak Orchard River, Lake Alice, Glenwood Lake
Tonawanda and Oak Orchard Wildlife Management Areas
Iroquois National Wildlife Refuge
Orleans County Marine Park
Oak Orchard Marine Park
Oak Orchard Harbor and Point Breeze
Farm markets and agri-tourism
Numerous festival and events revolving around the rural and natural environment
Agencies take an active role in managing the natural resource for tourism. Recently, a
project was developed whereby the releases of water from the Barge Canal to Oak Orchard
Creek will be extended an extra month in the fall. This flow augmentation will extend the
fall tributary fishing and attact more sport fishermen. It is recommended that Orleans
County, Brascan, and the New York State Canal Corporation (subsidiary of NYS Thruway
Authority) develop an agreement to ensure continued augmentation of the river for a
specified period of time to extend the tourism season and allow promotion well in advance
of dewatering.
Some of the tourism related resources of Oak Orchard Watershed are shown in (Map IV
A16 Tourism) (ivA16.pdf)
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IX. Recreation/Education
a. Recreational & Business Opportunities
Freshwater fishing is popular in the Oak Orchard Watershed and its major tributaries.
Seasonal game hunting popular in the Oak Orchard Watershed include deer, wild turkey
and waterfowl. Both seasonal fishing and hunting are regulated by the NYSDEC and
permits are required for legal capture of fish and game. Hiking is also available in the
Oak Orchard Watershed.
Several trails are located across the watershed.
Snowmobiling, horseback riding, canoeing and skiing are also popular with visitors to
and residents of the Oak Orchard Watershed.
1. Fishing, Fishing Access Sites, Fish Stocking
Refer to Chapter I, section (g) (11) for information about stocking of fish in the water of
Oak Orchard Watershed.
Refer to (Map IX A4 Water Access) (ixA4.pdf)
2. Hunting
Oak Orchard Wildlife Management Area, located three and a half miles north of
Oakfield in Genesee County, provides opportunities for public hunting and fishing. The
refuge encompasses approximately 2500 acres. Iroquois NWR, John White WMA, and
Tonawanda WMA (a small portion in the watershed) also provide opportunities.
3. Boating and Public Boat Launch Sites
There is a wide variety of places to go boating. The Erie Canal, Lake Ontario and Oak
Orchard River and its tributaries are popular areas for boating. Numerous boat launches
are scattered across the northern section of the watershed. Many are located at Point
Breeze giving access to both Lake Ontario and Oak Orchard River. Many people use
the water of Oak Orchard Watershed for canoeing. There is, however, a lack of safe,
well-defined access points for paddlers. This very popular activity needs attention and
enhanced opportunities.
Refer to (Map IX A4 Water Access) (ixA4.pdf)
4. Swimming
There are no designated areas for swimming or other contact recreation in the Oak
Orchard Watershed. This lack of access/facilities has been identified as a significant
issue, especially since swimming is widely and frequently enjoyed in the Watershed
even though it is not sanctioned.
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b. Educational Opportunities
Providing public access and educational opportunities are important components to a
successful watershed stewardship program. If citizens and stakeholders aren't adequately
informed and educated, progress can be limited. Reporting progress in brochures,
reports, presentations, community meetings, and on websites can increase interest in a
watershed protection or restoration effort. Education will be an important step in
solving resource issues in our watershed. The citizens, visitors and downstream
stakeholders of our watershed need to know how they can make responsible and wise
watershed management decisions.
1. Education programs Underway in the Watershed
To determine what current programs related to environmental conservation and water
quality protection were currently underway or had been conducted in the recent past, we
requested those who had participated to provide us with a short description of the
program. The following is a listing of those programs.
Conservation Field Days - Educate 5th & 6th grade students on watershed protection,
about conservation and the environment. Increase knowledge of regarding
environmental education (limited discussion on water quality issues is addressed).
Annual Coastal Clean-up - Volunteers collect and document litter collected at
designated points in the County. To reduce litter and bring awareness to the problem.
Envirothon - Competition between schools to attend State Envirothon. Teach High
School Students about forestry, soils, aquatics, wildlife, current environmental issues.
Contractors’ Meeting - Workshop and display for contractors. Educate contractors on
water quality practices. Local contacts and local highway departments
County Fair Display - Provide information regarding water quality issues. Educate
public about water quality activities.
Water Quality Coordinating Committee - Provides direction to the SWCD Districts
water quality program.
Call of the Amphibians - Overview of the species of frogs found in Genesee County,
including their habitat requirements. Knowledge of the various species of frogs and
what the public can do to conserve them.
Oakfield Alabama Central School - 8th Grade Environmental Days. - A hands on
presentation called “Know Your Stream”. The students were instructed about Old Dry
Brook watershed, a sub watershed of Oak Orchard Watershed, with maps and photos,
why it is important and how they could use the information. They measured and
recorded water velocity by using the average velocity of 3 balls floating for 25 feet to
determine time of travel. Students measured water volume by graphing the stream crosssection and calculating the discharge. Also conducted a stream sampling and
identification of aquatic organisms.
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Earth Day - Volunteer Day for the Genesee County Park stream clean-up and
educational displays on protecting the stream.
Environmental awareness and
appreciation for our natural resources.
Ecocamp - A week long camp that allows participants to become field biologists.
Environmental and career awareness, scientific research techniques. General Public (9th
grade and older)
Field Research Notre Dame - Continuation of Ecocamp scientific research techniques.
Environmental awareness, scientific research techniques. Environmental science
students at Notre Dame High School.
Water and Soil Conservation Badge for Boy Scouts - Scouts complete hands-on
activities to learn about soil and water properties. Soil and water awareness and
conservation.
Stream Keeper Outreach Program - Hands-on activities teach students about the
species that live in our streams and what they need to survive. To teach the
characteristics of stream species including shape, habitat, food and other requirements.
Elementary students & teachers.
Brockport Environmental Action Network (BEAN) - SUNY Brockport has the
Environmental Science Program that has within it the BEAN (Brockport Environmental
Awareness Network, campus-wide student organization) and the formal program of
courses that lead to a BS and MS in Environmental Science. Many of these students are
from the western New York area.
Iroquois NWR - Iroquois NWR conducts several educational programs that are more
geared towards what an individual group or class would like (aquatic life, wetlands,
refuge system, birds etc), and on request. We have an "Open House" in April with
environmental groups here and conducted some interpretive programs, exhibits, and
activities for the kids, etc.. The Refuge also has a partnership with the Buffalo Audubon
Society called Iroquois Observations to conduct interpretation and educational programs
on the refuge covering a variety of subjects - pond life, birds, wildflowers, etc. They also
try to bring in speakers to talk about specific subjects - fox, owls, etc. These are run on
the weekends during the spring and again in the fall. The programming changes each
time.
Genesee/Finger Lakes Regional Planning Council - Genesee/Finger Lakes Regional
Planning Council www.gflrpc.org: The Genesee/Finger Lakes Regional Planning
Council (G/FLRPC) provides local, regional and water resource planning services
including land use, local government support, strategic planning, water resources
planning, flood mitigation planning, aviation planning, program development and
training/workshop/conference development and coordination.
Oak Orchard Lighthouse Museum - Annual Shoreline Cleanup and Earth Day event
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ALIEN INVADERS - An Invasive Species Monitoring Project for the Orleans County
Community. Youth and adults are provided with training on identifying local invasive
species and using a GPS to mark the location of invasive species in order to create a
county-wide, baseline map of invasive species populations. The potential to initiate
mitigation techniques on small populations exists but once the project is further
underway. Project piloted in Summer of 2004 with plans for additional training this
fall. Contact Margo Bowerman at Orleans County Cornell Cooperative Extension at
589-5561 or [email protected].
2. Educational Opportunities that may be developed in Oak Orchard Watershed
Community Water Watch Program
Community Water Watch (CWW) was established as a volunteer stream monitoring
program developed through a partnership between Monroe County CCE and the Monroe
County Department of Health. The purpose of the CWW program is to utilize citizen
volunteers to track the health of our local streams, identify problems that may need
correction and foster stewardship of our local water resources. Participation in the
program consists of the following core activities:
• Adopt a one-half mile segment of stream;
• Conduct an annual watershed walk;
• Conduct a visual survey and analyze benthic macro-invertebrates four times per
year at two different locations along an adopted stream;
• Perform an educational outreach activity; and
• Submit data to the Volunteer Coordinator.
Community Water Watch volunteers monitor the numerous smaller streams throughout
their communities. Each team conducts a visual survey of a location on a stream and
identifies benthic macro-invertebrates as an indicator of water quality. All the supplies
needed are included in a kit that is available from the Volunteer Coordinator. The
program has several optional activities such as tree planting, litter pick-ups and storm
drain stenciling that teams may wish to perform. Teams are asked to commit to the
program for at least two years so as to facilitate data collection continuity.
While the Community Water Watch program is currently only active in Monroe County,
local programs are not difficult or expensive to manage and can be initiated by any
interested groups or citizens. Interested parties can contact either the Monroe County
CCE at 461-1000 or Todd Stevenson of the Monroe County Health Department at 2747638 for more information on this program.
New York State Sea Grant Programs
http://www.seagrant.sunysb.edu/Pages/Relatedsites.htm#educationsites
Objectives - Water Quality: Design innovative outreach programs to
support lakewide management plans.
Objectives - Coastal Habitats: Develop and conduct educational programs on the
value and methods for habitat improvement
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Coastal Youth Education - Focuses on the educational needs of those New Yorker's
interested in learning about the Great Lakes and other aquatic environments. Provides
information of interest to students, teachers, non-formal educators and other
environmentally aware stakeholders.
http://www.cce.cornell.edu/seagrant/youthed/youthedhome.htm
BRIDGE - The Bridge - a web-based resource center and clearinghouse primarily
targeting high school and middle school science teachers - brings together marine
educators, academia, private industry, and government to provide educators with a
comprehensive source of accurate and useful information on global, national and
regional marine science topics. The site is unique among education portal sites in its
focus on ocean sciences, its close ties to both the education and the research
communities.
SMART Center Genesee County - The SMART Center applies Science, Math,
Agriculture and Related Technology to everyday life with hands-on educational
activities and experiences. The SMART Center, under the umbrella of Cornell
Cooperative Extension of Genesee County, is the continuing application of Cornell
University's proven educational programming to students and families throughout New
York State. Through hands-on educational programs and interactive exhibits, the
SMART Center supports the agriculture and food system which is a major economic and
cultural force in the region.
Learning Barns - Extension Educator Pat LaPoint has developed two Learning Barns
that can be used in pre-school classrooms, as well as Kindergarten through 3rd grade
classrooms. Each barn contains books and activities that can be used in the classroom. A
teacher's kit is also included.
Learning Barn A (For Pre-School and Kindergarten) - This barn contains
over 40 books associated with the following themes: animals, environment,
seasons, farm life, food/garden, and machines. Activities include using Beanie
Babies as puppets (the barn's back window opens to use as a finger puppet
theater, there are play mats, farm machinery and farm animals to use, also. The
teacher's kit includes farm, food and animal videos, life cycle cards, lacing cards,
puzzles, and other related activities.
Learning Barn B (For 1st - 3rd Grades) - This barn contains over 90 books
associated with the following themes: animals, environment, seasons, farm life,
machinery, food and garden. Activities include Beanie Babies for puppet shows,
play mats, farm machinery, and farm animals. The teacher's kit includes farm,
food and animal videos, life cycle cards, activities that tell a story and inspire
students to explore agriculture themes.
Barns can be reserved for use in your classroom. They can be loaned out for one month
at a time.
AG-CEPTIONAL KITS TO GO - "Ag-Ceptional Kits to Go" are the newest types of
agricultural education offered through the SMART Center. All of the kits, designed by
Cornell Cooperative Extension of Genesee County educators, are self-contained lesson
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plans that teachers can borrow and use in their classrooms. These kits allow for a handson yet inexpensive approach to learning about New York State's #1 industry Agriculture. These kits have been aligned with the New York State Standards and can fit
into your curriculum very easily. All of the kits have been piloted and are ready to be
used in your classroom. Most of the kits are self-explanatory, however instructor
training can be provided upon request
SMART Center Mobile Unit - A mobile unit can bring the educational materials of the
SMART Center to your location.
NOAA Education Resources
An on-line service designed to help students, teachers, librarians, and the general public
access the many educational activities, publications and booklets produced by various
branches within the agency.
http://www.education.noaa.gov/
“An Interactive Journey Through the Lake Ontario Watershed”
Water Education Collaborative - The Water Education Collaborative www.thewec.org
The Water Education Collaborative (WEC) is a coalition of organizations that work
together to increase water quality education in the community. The mission of the WEC
is to focus the combined resources of member organizations to provide water quality
education services to the public within the Genesee Region Watershed. This is
accomplished by: (1) educating and involving citizens in protecting water quality, (2)
serving as a resource/clearinghouse for water quality education programs, and (3)
seeking the resources to support water education programs.
NYS DEC WET (Water Education for Teachers) - Project WET (Water Education
for Teachers) is a collection of innovative, water-related activities that are hands-on,
easy to use and fun! Project WET activities are easily incorporated into a school's
existing curricula. Project WET is intended for teachers and non-formal educators
working with young people in grades K-12. The program focuses on peoples'
relationship to water throughout their lives. Students learn that water is a shared
resource as well as a shared responsibility. Project WET is easily integrated into a
schools existing curricula. It also meets the curricular needs of nature centers, museums,
teacher trainings, pre-service classes, and community organizations.
http://www.dec.state.ny.us/website/education/whatWET.html
3. Educational Goals and Objectives
Citizens, school systems and municipal decision-makers need to understand the
functions of the Oak Orchard Watershed system. Information and education needs to be
continuous and to become a permanent way of doing business.
Goal: To educate citizens about the boundaries and functions of the Oak Orchard
Watershed, the specific needs for protection of and improvement to the river system,
the benefits of a healthy watershed to individuals and communities, and the
opportunity for the public to participate in the stewardship of the watershed.
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Objective: Develop methods to provide information and education about the Oak
Orchard Watershed..
4. Stream and River Monitoring
There is currently no limited monitoring taking place in Oak Orchard Watershed. Data is
essential to the watershed planning process and is valuable to government agencies,
water quality practitioners, drinking water utilities, industrial dischargers, environmental
groups, and ordinary citizens concerned about improving or preserving our water
resources.
Monitoring is a periodic or continuous collection of data and commonly consists of
sampling and analyzing water (streams, rivers, lakes, estuaries and coastal waters) and
conditions of the waterbody. Water quality monitoring assesses the physical, chemical
and biological characteristics of the waterbody in relation to human health, ecological
conditions and designated water uses. Watershed monitoring therefore evaluates the
condition of the water resource while also providing valuable watershed information to
help establish cause-and-effect relationships. Local watershed monitoring efforts may be
done for locality-specific purposes (e.g. improved fisheries or recreation), but many are
also designed to be compatible with state-level monitoring and have their data make a
difference at larger scales.
The information collected can support sound decision-making by identifying high
quality waters and tracking their condition over time, by providing clues to the sources
and levels of pollution for waters that are impaired or threatened, by helping managers
understand the impacts of human activities within the watershed, and by providing input
data used in water quality models. Without crucial monitoring data, we might not know
exactly where a pollution problem exists, where we need to focus our watershed
management energies, or where we may have made progress. Monitoring can be
conducted at regular sites on a continuous basis. Before sampling, it is important to
establish sampling protocols and standard methods for field and laboratory analyses.
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X. Summary of Problems/Threats and Opportunities
a. Water Quality Problems/Threats and Opportunities
Major roadways
Eighteen major roadways cross Oak Orchard River providing points of public access to
the stream and also producing sources of nonpoint pollution.
Refer to (Map IV. C1 Roads, by Category) (ivC1.pdf).
Superfund Sites
The Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)
provides a Federal “Superfund” to clean up uncontrolled or abandoned hazardous-waste
sites as well as accidents, spills, and other emergency releases of pollutants and
contaminants into the environment. Through the Act, EPA was given power to seek out
those parties responsible for any release and assure their cooperation in the cleanup.
There is one superfund site within the Oak Orchard Watershed, Byron Barrel and Drum
located in Genesee County. Two more superfund sites are within 2 miles of the
watershed boundary. The Batavia Landfill (Genesee County) and the Dublin Road
Landfill located in Shelby (Orleans County).
303d : List of Impaired Streams
The Federal Clean Water Act periodically requires states to assess and report on the
quality of waters in their state. Section 303d of the Act also requires that impaired
waterways of the state to be identified. Waters are defined as impaired when they do not
support, or only partially support, one or more of the five designated uses. The five
designated uses are aquatic life, fish consumption, shellfish consumption, swimming,
and drinking water. For these impaired waters states must consider the development of a
Total Maximum Daily Load (TMDL) or other strategy to reduce the input of specific
pollutants that restrict the use of the waterway. Within the Oak Orchard Watershed there
is one impaired stream, this stream is Oak Orchard River. The impaired section of Oak
Orchard River lies in Genesee County. The pollutants are nutrients from nearby
agricultural fields. The designated use for this stream is fishing.
Refer to (Map II. B1 Location of Impaired Streams) (iiB1.pdf).
Agricultural Wastes / Fertilizers
The largest land use in the Oak Orchard Watershed is agricultural. According to the
NYSDEC 90% of water quality issues in New York are a result of nonpoint pollution.
Soil erosion and sedimentation, agricultural pesticide use and manure management are
the leading nonpoint sources of pollution. Livestock have the potential to pollute surface
waters during storage and land application which could have detrimental affects on the
environment. Some of these affects include eutrophication, de-oxygenation and
contamination of our waterways. The application of nitrogen, phosphorous and
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potassium based fertilizers is essential for the sustainable agriculture. Over use or poorly
managed application of nitrogen or phosphorous can have a negative impact on water
quality.
Deicing Salt Application
Between November and April deicing material, or road salt, is used to help deice road
surfaces. Winter road maintenance is maintained by local municipalities and the New
York State Department of Transportation. Each highway department has their own
policies and procedures concerning the application of road salt, salt/sand mixtures and
storage.
Deicing can inhibit water quality because road salts are highly soluble in water and
easily washed off impervious surfaces into surface waters. High concentrations of salt
can damage and kill vegetation, disrupt fish spawning in streams, reduce oxygen
solubility in surface water, interfere with the chemical and physical characteristics of the
watershed, pollute groundwater making well water undrinkable, disintegrate pavement,
and cause metal corrosion of bridges, cars and plumbing.
Bacteriological Contamination
Contamination of water by pathogenic organisms is a potential threat to any watershed.
The Orleans County Health Department conducted a bacteria survey on 8/7/2001. The
results showed a significant range of contamination in the various waters tested.
Refer to (Map Fecal Coliforma Count) (Bacteria.pdf).
Refer to (Map Total Coliform Count) (Bacteria1.pdf).
Septic Systems
Historically, many water quality problems have been associated with improperly sited or
failed septic systems. A properly designed and maintained individual onsite septic
system will provide many years of effective treatment of household wastewater and
prevent contamination of ground and surface water. While it is possible to properly
install and maintain septic systems in the watershed, soils are generally limiting for such
systems.
Streambank Erosion
According to the NYS Nonpoint Assessment Statewide Summary, June 1990, streambank
erosion is listed as a primary source of pollutants in 64 stream segments affecting 12,300
acres of lakes, bays, etc. and 750 miles of rivers in New York State. Sediment plumes
can be noted during storm events causing increased turbidity in the streams. It is likely
that streambank erosion occurs in the Oak Orchard Watershed.
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b. Data Gaps
• A systematic, orderly, continuous water quality and quantity survey
• Digital parcel data for both Orleans County and Genesee County
• Biological data (fish populations, detailed vegetation survey, etc) specific to Oak
Orchard Watershed
• Information about the interaction of Canal water with Oak Orchard River and its
tributaries.
c. Opportunities
• Consider starting a watershed management plan
• Possible use of hydrologic and water quality models to further define areas of concern in
the watershed
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