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Delaware National Estuarine Research Reserve Management Plan W"ne Mth GC 1021 D3 NENT Of STATE OF DELAWARE D45 I , Npartment of Commerce 1993 v THE HORSESHOE CRAB The Horseshoe crab is one of Delaware's oldest and most intriguing marine residents. Each spring, MORE THAN A PRETTY FACE.. during the high tides of the new and full moons Horseshoe crab eggs are an important source of (called springtides), thousands of Horseshoe crabs food for the thousands of migratory shore birds come ashore to spawn. Their ancient mating ritual that pass over the Delaware Bay during the crab's has fascinated generations. mating season. Horseshoe crab eggs provide these A CRAB BY ANY OTHER NAME... birds with ridected energy to complete their The horseshoe outline of their shells gave the northward migration. "crabs" their name. About thel size of an over- Fish search the shallows for the lowest nests, and turned soup plate, the Horseshoe crab is really also reap the fruits of the crab's reproductive ef- not a crab at all. If vou were to look under it's forts. In the 1900s, Horseshoe crabs were harvested hood, you would Find it more closely resembles an near beaches and dried for use as fertilizer and as a oceangoing spider. Horseshoe crabs are in a classi- poultry food supplement. But the advent of ar- fication of their own (Class Merostomata), and are tificial' fertilizers put an end to the industry. related to scorpions, ticks, and land spiders. An extract made from the Horseshoe crab's blue, There are four species of Horseshoe crabs world- copper-based blood, called lysate, is used to test the wide. The Delaware Bay region is the population purity of medicines. Properties of the crab's shell center for the American Horseshoe crab (Limulus have been found to speed blood clotting and can be pol@yphemus). used to make absorbable sutures. Although common along the Delaware coast, Horseshoe crabs are not found in very many other A CRAB WITH A FUTURE ... places in the world. They live along the western The future holds new challenges for this master shores of the Atlantic, from Nova Scotia to design of nature. Perhaps the greatest will be to Yucatan, and in the coastal waters of Indonesia successfully deal with man's increasing influence and the Phillippines . . . and nowhere else. How over the Horseshoe crab's environment. Whatever these helrret-headcd little creatures managed to the odds, it is hard to imagine this ancient mariner settle in two widely separated areas, and nowhere steered off its timeless course. in between, is a puzzle. ., 'VAT Or 'a UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL OC EAN SERVICE Nrts of OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEmENT Washington, D.C. 20235 DESIGNATION OF THE DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE LOWER ST. JONES RIVER AND UPPER BLACKBIRD CREEK COMPONENTS Consistent with the provisions of Section 315 of the Coastal Zone Management Act, 16 U.S.C. 1461, the State of Delaware has met the following conditions to establish the Lower St. Jones River and Upper Blackbird Creek as components of the Delaware National Estuarine Research Reserve. 1) The Lower St. Jones River and Upper Blackbird Creek are representative estuarine ecosystems that are suitable for long-term research and contribute to the biogeographic and typological balance of the National Estuarine Research Reserve System. 2) Delaware state law provides long-term protection for reserve resources to ensure a stable environment for research. 3) Designation of the Lower St. Jones River and Upper Blackbird Creek as reserve components will serve to enhance public awareness and understanding of estuarine areas and provide suitable opportunities for public education and interpretation. 4) The State of Delaware has complied with the requirements of the regulations relating to designation of a National Estuarine Research Reserve. Accordingly, I hereby designate the areas of the Lower St. Jones River and Upper Blackbird Creek as components of the Delaware National Estuarine Research Reserve, the boundaries of which are specified in the Final Ma gement Plan. r' Acting Director ice of Ocean and Coastal JUL 2 1 1993 Resource Management cut DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE Final Property of CSC Library MANAGEMENT PLAN U . S DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE CHARLESTON, SC 29405-2413 JUNE 1993 Prepared by: U.S. Department of Commerce National oceanic and Atmospheric Administration National Ocean Service 1305 East West Highway silver Spring, Xaryland 20910 State of Delaware Department of Natural Resources and Environmental Control Richardson and Robbins Bldg. P.O. Box 1401 Dover, DE 19903 TABLE OF CONTENTS DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE MANAGEMENT PLAN Title page Table of Contents ....................... i List of Figures ......................... iv List of Tables .......................... iv Abbreviation and Acronyms ............... v Executive summary ....................... vi Page I. SCOPE OF THE MANAGEMENT PLAN .......................... 1 Ao THE NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM .... 1 B. THE NERRS PROGRAM IN DELAWARE o ....... o ... o........ 4 II. MANAGEMENT PLAN PURPOSES ...... o........... o_ ........ 6 III. OBJECTIVES AND GOALS ... ....... o....................... 7 IV. RELATIONSHIP OF DNERR COMPONENTS ................... o.. 10 A. REGIONAL CONTEXT ......... o_ ......... o...... o.... 10 B. RELATIONSHIP TO OTHER COASTAL PROGRAMS ...... o..... 11 C. RELATIONSHIP TO NERRS ..o .......... oo .... o...o..... 13 V. MANAGEMENT ISSUES _ ....................... o .......... 15 VI. HABITAT MANIPULATION ............. o.................... 17 VII. BOUNDARIES AND ACQUISITION PLAN .. ..................... 24 A. KEY ECOLOGICAL AREAS .,o ....o................. o.... 24 Bo PRIORITY ACQUISITIONS ... o......................... 24 1. Lower St. Jones ........... o................... 24 a. Core Areas .... o .......o.................... 30 b. Buffer Areas ... .....o...................... 31 c. Market Values ........................... o.. 31 2. Upper Blackbird ..... o...o ..................... 31 a. Core Areas . ........ oo ...................... 38 b. Buffer Areas ............................... 38 c. Market Values ... o.......................... 38 C. STRATEGIES FOR ACQUISITION ....... o... o... o........ 38 1. Fee-simple .............. o .............. o...... 38 2. Conservation easement - ....... 0............... 38 3. Memorandum of understanding ................... 39 4o Long-term Leases .... o... _ooo_ ................ 39 5. Alternatives ........................... o. 39 6. Donations .. .......... oo ....... oo..o ........... 39 D. SCHEDULE .. ............ o .............. o... o....... o. 39 VIII. PUBLIC ACCESS PLAN ................. o_ ......... o..... 44 A. POLICY ............................................ 44 B. SPECIFIC COMPONENT ACCESS .............. o .......... 44 1. Public Visitation ...... o...................... 44 2. Group Use ..................................... 46 3. Access for boat or canoe launching ... o.......o 47 4. Fishing, Hunting and Trapping ................. 47 5. Other Uses .... oo ..........o................... 47 IX. ADMINISTRATION PLAN .............. o.....o ...o .......... 48 A. ADMINISTRATIVE AUTHORITY ........... 48 B. STAFF ROLES - ............... o.. ................. 48 i 1. Administration ................................ 48 2. Research ...................................... 53 3. Education/Interpretation ...................... 53 4. Surveillance and Enforcement .................. 54 5. Volunteers .................................... 54 C. ADVISORY COMMITTEE STRUCTURE AND RESPONSIBILITIES 54 1. Oversite Committee ............................ 54 2. Scientific/Technical Advisory Committee ....... 56 3. Education/Interpretation Advisory Committee ... 57 4. Landowners Associations ....................... 57 D. FEDERAL GOVERNMENT - NOAA REVIEW .................. 58 X. ENVIRONMENTAL RESEARCH AND MONITORING PLAN ............ 60 A. GOALS OF ENVIRONMENTAL RESEARCH AND MONITORING..... 60 B. -RESEARCH TOPICS AND PRIORITIES .................... 62 1. National Research Priorities .................. 62 2. Special Studies ............................... 63 a. Environmental Resources .................... 63 b. Cultural Resources ......................... 64 3. DNERR Research Priorities ..................... 64 C. DNERR POLICIES AND PROCEDURES FOR RESEARCH ........ 71 1. Procedures for NOAA-funded DNERR Research ..... 72 2. Procedures for State-funded DNERR Research .... 73 3; Procedures for DNERR Research (funded by sources other than NOAA or the State) ................. 74 D. MONITORING PROGRAM ................................ 74 1. NOAA Phased-Monitoring Program ................ 74 2. Recruitment for DNERR Research Programs ....... 75 3. off-Reserve Research Projects ................. 76 4. Coordination of Research Efforts .............. 76 a. coordination Between DNERR Components ...... 77 b. Coordination with the NERR System .......... 77 c. Coordination With other Coastal/Estuarine Research Programs .......................... 77 5. Information Dissemination ..................... 79 XI. RESOURCE PROTECTION PLAN .............................. 80 A. GOALS ....................................... * ..... 80 B. GENERAL POLICIES ............................ 81 C. LAWS AFFECTING RESOURCE PROTECTION IN THE DNEi@-.'.*. 82 XII. ENVIRONMENTAL RESTORATION PLAN ........................ 87 A. NERRS AND ENVIRONMENTAL RESTORATION WORK .......... 87 B. DNERR AND ENVIRONMENTAL RESTORATION WORK .......... 87 C. OMWM AND ENVIRONMENTAL RESTORATION ................ 88 XIII. EDUCATION/INTERPRETATION PLAN ................ 90 A. GOALS OF THE EDUCATION/INTERPRETATION PROGL;@".*.*''. 92 B. FRAMEWORK OF.EDUCATION PROGRAMS ................... 93 C. TYPES OF PROGRAMS ................................. 94 1. Activities .................................... 94 2. Exhibits ...................................... 96 3. Trails ......................................... 97 4. Individual Components ......................... 98 a. St. Jones Component ........................ 98 b. Blackbird Component ........................ 98 5. Themes .. :* ... 98 6. Coordination .................................. 98 a. Coordination of DNERR ...................... 98 b. Coordination with the NERR System .......... 99 c. Coordination with other educational programs 99 XIV. VOLUNTEER PLAN ......................................... 100 XV. FACILITIES DEVELOPMENT PLAN ........................... 101 A. CURRENT FACILITIES ................................ 101 .B. PLANNING AND DEVELOPMENT FOR FUTURE FACILITIES .... 101 1. Site Needs .................................... 101 2. Costs ............................... 114 3. Environmental Assessment and Engineering Report ...................................... 115 C. SCHEDULE FOR CAPITAL IMPROVEMENTS ................. 116 D. MAINTENANCE ....................................... 117 XVI. AFFECTED ENVIRONMENT .................................. 118 LOWER ST. JONES RIVER .............................. 118 A. ST. JONES COMPONENT PHYSICAL ENVIRONMENT .......... 118 1. Climate ....................................... 118 2. Hydrology ..................................... 118 3. Geology ....................................... 119 4. Topography ..................................... 120 B. ST. JONES COMPONENT BIOLOGICAL ENVIRONMENT ........ 120 1. Flora ......................................... 120 2. Fauna ......................................... 122 C. ST. JONES CULTURAL AND HISTORICAL RESOURCES ....... 123 D. ST. JONES ZONING AND LAND USE ..................... 128 E. ST. JONES TRADITIONAL USES ........................ 130 UPPER BLACKBIRD CREEK .............................. 130 A. BLACKBIRD COMPONENT PHYSICAL ENVIRONMENT .......... 130 1. Climate ....................................... 130 2. Hydrology ..................................... 130 3. Geology ....................................... 131 4. Topography .................................... 131 B. BLACKBIRD COMPONENT BIOLOGICAL ENVIRONMENT ........ 131 1. Flora ......................................... 131 2. Fauna ......................................... 132 C. BLACKBIRD PREHISTORIC AND HISTORIC RESOURCES ...... 135 D. BLACKBIRD ZONING AND LAND USE ..................... 138 E. BLACKBIRD TRADITIONAL USES ........................ 140 XVII. ACKNOWLEDGMENTS ....................................... 141 A. DNERR WORKING COMMITTEE ........................... 141 B. SUPPORT SERVICES .................................. 141 C. CONSERVATION DISTRICT ASSISTANCE .................. 141 D. DNERR ADVISORY COMMITTEE MEMBERS .................. 142 XVIII. BIBLIOGRAPHY ........................................... 143 XIX. BASE RESOURCE INFORMATION ............................. 149 A. PLANT SPECIES LISTS ............................... 149 1. St. Jones River ............................... 149 2. Blackbird Creek ............................... 150 B. FISH AND WILDLIFE ................................. 153 XX. APPENDICES ............................................ 161 A. DNERR PROPOSED IMPLEMENTATION TIME TABLE .......... 162 B. BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY ......... 166 C. MEMORANDUM OF UNDERSTANDING ....................... 168 D. DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY ... 174 E. NERRS REGULATIONS ................................. 177 iii LIST OF FIGURES Page Figure A. General location map of DNERR ix Figure 1. Map of the designated Reserves of the National Estuarine Research Reserve System. 2 Figure 2. General location of the Lower St. Jones River DNERR component, in east-central Kent County. 26 Figure 3. Key areas and boundaries of the Lower St. Jones River DNERR component. 27 Figure 4. Property ownership within the Lower St. Jones River DNERR component (corresponds with Table 1). 29 .Figure 5. General location of the Upper Blackbird Creek DNERR component, in southeastern New Castle County. 32 Figure 6. Key areas and boundaries of the Upper Blackbird Creek DNERR component. 33 Figure 7. Property ownership within the Upper Blackbird DNERR component (corresponds with Table 2, Parts A and B) 37 Figures 8.- DNERR Education and Research Center - Architectual 107- 13. schematic Design. 112 Figure 14. Wetlands classifications within the Lower St. Jones River DNERR component, from the USFWSIs National Wetlands Inventory. 121 Figure 15. Historical and cultural characteristics of the Lower St. Jones River DNERR component. 125 Figure 16. Land use and zoning within the Lower St. Jones River DNERR component. 129 Figure 17. Wetlands classification within the Upper Blackbird Creek DNERR component, from the USFWSIs National Wetlands Inventory. 133 Figure 18. Historical and cultural characteristics of the Upper Blackbird Creek DNERR component. 136 Figure 19. Land use and zoning within the Upper Blackbird Creek DNERR component. 139 LIST OF TABLES Page Table 1. Land ownership in Lower St. Jones River DNERR component (East Dover, South Murderkill, and North Murderkill Hundreds). 28 Table 2. Land ownership in Upper Blackbird Creek DNERR component. A) Blackbird Hundred 35 B) Appoquinimink Hundred 36 iv ACRONYMS AICUZ Air Installation Compatible Use Zone, Dover Air Force Base BMPs Best Management Practices, established by the Delaware DNREC CFR The Code of Federal Regulations CZMA Federal Coastal Zone Management Act of 1972, as amended DEIS Draft Environmental Impact Statement DMP Draft Management Plan DNERR Proposed Delaware National Estuarine Research Reserve DNREC Department of Natural Resources and Environmental Control DNS Delaware Nature Society EIS Environmental Impact Statement EPA U.S. Environmental Protection Agency FEIS Final Environmental Impact Statement FMP Final Management Plan MOU Memorandum of Understanding NEP National Estuary Program, EPA NERR National Estuarine Research Reserve NERRS National Estuarine Research Reserve System, NOAA NMFS National Marine Fisheries Service, NOAA NOAA National Oceanic and Atmospheric Administration NOS National Ocean Service OCRM Ocean and Coastal Resource Management, office of, NOAA SCS Soil Conservation Service, U.S. Department of Agriculture SRD Sanctuaries and Reserves Division, NOAA USFWS U.S. Fish and Wildlife Service, Department of Interior v DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE Final MANAGEMENT PLAN EXECUTIVE SUMMARY Section 315 of the Federal Coastal Zone Management Act of 1972, as amended, established the National Estuarine Research Reserve System (NERRS) as a state/federal cooperative venture. Federal cost sharing grants are available to coastal states to develop a national system of estuarine research reserves which are representative of the various regions and estuarine types of the United States. Long term annual NOAA development and operational grants are available at the ratio of 70% federal and 30% state. In addition, competitive funding for research and education projects are available. The goal of the program is to protect areas of representative estuaries, including valuable wetland habitat, for use as natural field laboratories. National Estuarine Research Reserves are established to: 1) provide opportunities for long-term estuarine research and monitoring; 2) provide opportunities for estuarine education and interpretation; 3) provide a basis for more informed coastal management decisions; 'and 4) promote public awareness, understanding, and appreciation of estuarine ecosystems and their relationships to the environment as a whole. The NERRS has adopted a classification scheme that reflects differences in regional biogeography and estuarine typology to ensure that established reserves are representative and that a variety of ecosystem types are included. The Delaware National Estuarine Research Reserve (DNERR) is representative of the Middle Atlantic (Sandy Hook to Cape Hatteras, excluding the Chesapeake Bay) sub-region of the Virginian biogeographic region. The Delaware NERR includes the St. Jones River site and the Blackbird Creek site as components of a multi-site system with the Department of Natural Resources and Environmental Control (DNREC) as the lead agency. Because these two sites are complementary in their- representation of the Middle Atlantic biogeographic categories, the State of Delaware manages the sites as one Reserve. For. many years DNREC along with the Department of State's Division of Historical and Cultural Affairs have recognized the values of the lower St. Jones River and its surrounding area. The site adjoins the City of Dover and is only 6 miles from the State capitol complex including headquarters of DNREC, yet it remains undeveloped farm and woodlands as it has been for more than 300 years. However, the upper less brackish reaches of the St. Jones River have been intensely developed, therefore the addition of the upper Blackbird Creek site is a complementing component to vi the Reserve. The NERRS is viewed as a compatible tool to provide for natural and cultural resource protection, long-term management and opportunities for estuarine education and research. -Boundaries f or the DNERR encompasses key land and water areas (or "core area") and a buffer area. The core area includes all of the tidal wetlands of the lower St. Jones River and upper Blackbird Creek sites for a total of approximately 2300 acres. The buffer area includes the lands surrounding the core consisting of wooded fringe, farmed crop and woodlands and freshwater wetlands totaling approximately 1500 acres for the two components. Actual acquisition of core and buffer areas will be less than the maximum defined due to the voluntary nature of the program and the expected cooperation of landowners in less than fee simple participation in the Reserve objectives. The purpose of the DNERR is to establish and manage the Reserve as natural field laboratories and to develop a coordinated program of education and research for the Reserve. The DNREC fish and wildlife scientists will be brought together with other environmental scientists, educators and managers to operate their estuarine and coastal management programs from a modern Education and Research Center located in the Reserve. A collaborative management approach will be used, involving advisory committees, landowners, private organizations, and local, state and federal agencies. The DNREC will continue to serve as the lead agency. Reserve staff includes a program manager, education and research coordinators, an estuarine educator, and a clerical position. Many others will be located at the DNERR Education and Research Center whose responsibilities will enhance the DNERR objectives through their normal estuarine and coastal management assignments. other staff that will be located at or operate programs from the Center will have dedicated DNERR assignments that compliment their regular duties including a volunteer coordinator, a resource protection specialist, cultural preservation specialist, folklorist, aquatic coordinator and others, especially visiting researchers and educators. There is a committee composed of representatives of agencies and organizations that have interests in the programs of the DNERR that will serve in an advisory capacity to DNREC on matters concerning resource protection, education, research and monitoring. The DNERR program manager will coordinate administrative functions and operations of the Reserve's programs and act as liaison with state and regional estuarine programs, NOAA and other NERRs. The Reserve research and education programs will gather and make available information useful for improved understanding, appreciation, and management of estuarine systems especially of the State and Middle Atlantic region. Reserve activities augment the many on-going conservation and management activities. vii Facilities will be developed as necessary to aid in research and education and to serve as a focal point f or visitors to the Reserve. Valuable natural and cultural resources are protected f or long-term research and education by implementation of the Management Plan. Natural resources of the Reserve include diverse, highly productive estuarine systems comprised of tidal and non-tidal wetlands, open waters, with salinities ranging from freshwater to sea strength, and uplands. Several species of either rare, endangered, or threatened plants and animals occur in the Reserve. In addition to such rich diversity of natural resources, the Reserve is also endowed with significant archaeological and historical sites and landscapes. Traditional uses in the Reserve include commercial and recreational fishing, shellfishing, hunting, trapping, wildlife observation, boating, agriculture, and forestry. The DNERR is planned to accommodate traditional uses. The Management Plan is designed to allow these uses on lands acquired for DNERR as long as the safety of visitors and staff is not jeopardized. The DNERR program is voluntary and non-regulatory. The policies and rules that this Plan contains will only affect lands that have been acquired from willing landowners. All other landowners within the area of the Reserve will have their rights respected by the DNERR. The Management Plan is in accordance with all relevant state, local, and federal land use plans, policies and controls for the areas under consideration. viii FIGURE A General Location Map M. 13 of Proposed DNERR N AL B1 ckbird N ITT Doter Delaware Bay 11. 13 St' j ERR 113 RL13 Geor town I. SCOPE OF THE MANAGEMENT PLAN This document establishes a management plan for the Delaware National Estuarine Research Reserve (DNERR) that. is agreeable to the landowners of properties within the DNERR boundaries, a benefit to the state of Delaware, and acceptable to the National Oceanic and Atmospheric Administration (NOAA) for inclusion in the National Estuarine Research Reserve System (NERRS). The mission of DNERR is to establish natural research areas which are representative of the diversity of coastal ecosystems found within the Middle Atlantic Region. Valuable natural and cultural resources will be protected for long term research and education by designation of the Reserve. The two components of the Delaware National Estuarine Research Reserve are managed by the Department of Natural Resources and Environmental Control (DNREC) in cooperation with relevant local, state and federal agencies. This management plan has been developed according to NOAA regulations (15 CFR Part 921), using information derived from specific site information and public involvement. It is consistent with the congressional intent of Section 315 of the Coastal Zone Management Act of 1972 (as amended) and the provisions of the Delaware Coastal Management Program. A. THE NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM (NERRS) Congress recognized a need to address threats to the country's important and sensitive estuarine areas. The goal of the federal program is to create a system of reserves that represents distinct estuarine ecosystems found nationally, and to manage these reserves for long-term environmental research and education. Although the program is national in scope, individual states are responsible for implementing and administering their own program, with NOAA providing overall coordination. Delaware will be joining 21 National Estuarine Research. Reserves that have been designated across the country (Fig. 1) . These Reserves are: Reserve Biogeographic Classification Wells Acadian York County, Maine Great Bay Acadian Great Bay, New Hampshire Waquoit Bay Virginian Mashpee and Falmouth, Massachusetts 1 The National Estuarine Research Reserve System Padilla Bay, WA St. Lawrence River Basin, NY Old Woman Creek, OH Wells, ME South Slough, OR Great Bay NH Waquoit b@y' arradansett Elay,R1 Hudson-River, NY San Francisco Mullica River, NJ Bay, CA elaware Chesapeake Day. MD Elkhorn Stough. CA Chesapeake Say, VA North Camlina N04 Inlet. SC Tijuana River. CA ACE Basin, SC Sapelo, Island, GA 0 Designated Sites East Coast, FL 0 Developing Sites Wasks Ba AL 0 /144, , . @ Apalachicola Bay, FL Waimanu Valley. HI Rookery Bay, FL *Jobos Day. PR Reserve Biogeographic Classification Narragansett Bay Virginian Newport County, Rhode Island Hudson River Virginian Hudson River, New York Chesapeake Bay, Maryland Virginian Chesapeake Bay, Virginia Virginian North Carolina Virginian/Carolinian North Inlet/Winyah Bay Carolinian South Carolina ACE Basin Carolinian Colleton County, South Carolina Sapelo Island Carolinian McIntosh County, Georgia Rookery Bay West Indian Collier County, Florida Jobos Bay, Puerto Rico West Indian Apalachicola River/Bay Louisianan Franklin County, Florida Weeks Bay Louisianan Baldwin County, Alabama Tijuana River Californian San Diego County, California Elkhorn Slough Californian Monterey County, California South Slough Columbian Coos Bay, Oregon Padilla Bay Columbian Skagit County, Washington Old Woman Creek Great Lakes Erie County, Ohio Waimanu Valley Insular Island of Hawaii, Hawaii Additional NERR Sites are in the designation process for New York, California, Florida, and New Jersey. 3 This management plan is consistent with the revised regulations for NERRS which were adopted July 1990. According to the regulations (15 CFR Section 921.40), after designation, NOAA will conduct periodic performance evaluations of a reserve at least once every three years. Evaluations may assess all aspects of reserve operation and management, or they may focus on selected issues. Evaluations may also examine whether a reserve is in compliance with NERRS regulations, and particularly whether the operations and management of the reserve are consistent with and further the mission and goals of the NERRS. Federal officials will conduct the performance evaluations. When necessary, NOAA may request federal and non-federal experts to participate in the evaluations. Performance evaluations will be conducted in accordance with procedural and public participation provisions of CZMA regulations. If performance evaluations reveal that the operation and management of the reserve is inconsistent with the DNERR approved Management Plan, the eligibility of the reserve for federal financial assistance may be suspended until the situation is remedied. If major deficiencies are not remedied within a reasonable amount of time, NOAA may initiate a process to withdraw designation of the reserve. Federal financial -assistance for acquisition, development, operations and management will be requested by the State of Delaware. These funds, accompanied by the required 50 percent state match for acquisition and 30 percent state match for development and operations, will be used for basic program activities, including educational and research projects; acquisition of key lands and water; the design, engineering, and site preparation for the DNERR Education and Research Center; and for other facilities required to implement the Delaware National Estuarine Research Reserve. B. THE NERRS PROGRAM IN DELAWARE Delaware's participation in the NERR System will help strengthen the federal program by establishing the first System located in the NERRS' Middle Atlantic sub-region (Sandy Hook, N.J. to Cape Hatteras, exclusive of Chesapeake Bay) of the Virginian biogeographic region. Nationally, there are 27 biogeographic sub-regions recognized by NOAA's classification system. In terms of benefiting Delaare, the federal NERR System will provide financial assistance awards to the State to acquire, develop and operate estuarine areas as natural field laboratories and environmental education centers. Additionally, a NERRS program in Delaware will help to conserve open, undeveloped spaces, protect valuable resources, and provide areas for outdoor recreation, all done in a manner which accommodates conservation- compatible, traditional resource uses. Background and History of the NERRS Effort in Delaware During the early 19801s, the Delaware Department of Natural 4 Resources and Environmental Control (DNREC) examined the NERR System's precursor, the National Estuarine Sanctuary Program, established in Section 315 of the Coastal Zone Management Act of 1972. While the old Sanctuary Program had several desirable attributes, it did not have enough flexibility or utility within the context of Delaware's resource needs to warrant the State's support. However, during the mid-1980's, the Estuarine Sanctuary Program evolved into today's NERRS program, having a greater emphasis on applied research and environmental education, while allowing more flexibility in the administration of the reserve components to accommodate multiple uses and to respond to management needs. This change occurred when the Coastal Zone Management Act was re-authorized in 1986, in which Section 315 of the Act was changed to the NERRS program with its new emphasis. With this new direction at the federal level, the DNREC again became interested in the program for Delaware, and in 1988 started an optimistic inquiry. Site Selection Process Delaware initially identified 16 potential sites for preliminary considerations in the selection process. Based upon environmental representativeness and program utility, the State chose 6 sites for more intensive review. using intensive site selection criteria, which assessed ecological representativeness, values for environmental research and education, and acquisition and management considerations, a ranking was es-tablished for the 6 sites. Information used in the ranking process came from documented sources, field site visits, and professional expertise of the site selection committee members. The top 3 sites were presented to the landowners of the sites and the general public. Primarily from the willingness of the landowners to participate in the NERRS program, 2 sites were selected and nominated to NOAA by Governor Michael N. Castle to be a multiple-site Reserve. The St. Jones River site was selected to be the primary component of the DNERR. Due to the urbanization of the upper reaches of the St. Jones River, the upper Blackbird Creek site was selected as a second component to provide lower salinity estuarine areas which complement the St. Jones River component. The minimum area of the components is a representative estuarine ecosystem of the Middle Atlantic subsection of the Virginian Biogeographic Region that is suitable for long term research. Expectations of Delawarefs NERRS Proara Delaware's participation in the NERRS program will permit the acquisition and long-term management of selected estuarine areas to provide outdoor laboratories for studying ecological structure, functions and processes, and man/land relationships, including both cultural adaptation and the effects of human- induced alterations or stresses. The Reserve will be a valuable laboratory for the two EPA National Estuary Programs in the Mid- Atlantic Region (the Delaware Bay NEP and the Delaware Inland Bays NEP) . DNERR components will also serve to educate students 5 and the general public about the environmental roles and values of estuarine areas. Additionally, the protection of relatively undisturbed natural areas will permit the wise use of these natural resources to continue, typically in association with outdoor recreational activities. The protection of buffer areas which include adjacent uplands will serve to protect significant cultural resources. Upon NOAA's approval of the Management Plan and successful completion of the requirements of the NEPA/EIS and Section 106 of the National Historic Preservation Act of 1966, as amended, the final phases of property acquisition, facilities development, and program implementation can begin. Lands will be included in the DNERR only through the voluntary cooperation of the landowners; there will be no land condemnation procedures associated with the establishment of the Delaware NERR. Lands included in the DNERR may be publicly- owned or publicly-administered properties (at the state, county or municipal levels) and privately-owned properties. The participation of private landowners in helping to manage DNERR sites can take various forms, with the landowner deciding what is best for him/her, whether this decision be based on economics, personal desires for land-use practices and patterns, or both. Private landowner interaction with the DNERR to help activate or participate in the program might consist of fee-simple sale to the DNERR of property at fair market value; other types of property sales to the DNERR (e.g. bargain sale, installment sale, sale with reserved life estate, right of first refusal); various forms of land donations (e.g. outright donation, donation by devise, donation with reserved life estate); dedication as a State Nature Preserve; participation by conservation easements; granting of long-term leases (e.g. 50-year lease); etc. The Delaware NERR program will be administered by the DNREC in accordance with Federal guidelines. The NOAA office overseeing the establishment and management of the Delaware NERR is the Sanctuaries and Reserves Division (SRD) of the Office of Ocean and Coastal Resource Management (OCRM) within the National Oceanic Service. Even though the DNERR is composed of two selected components, the sites will still be administered and managed as a single Reserve. II. MANAGEMENT PLAN PURPOSES The purpose of the Delaware National Estuarine Research Reserve is to establish and manage the areas within the boundaries as field laboratories and to develop a coordinated program of research and education for the reserve. The Management Plan contains information on the natural, prehistoric, and historic resources of the components; local and regional influences on the components (e.g., climate, hydrology, geology, land use, and population trends); and historical and traditional uses of the components (hunting, fishing, trapping, silviculture, research, education, etc.) . In addition, the plan contains a 6 discussion of management issues affecting the reserve and specific policies and activities to address the issues. The policies are resource protection oriented and the activities address needs related to research, monitoring, education, volunteers, public access, administration, facilities development, and acquisition. The Reserve research and education plans include information necessary for improved understanding, appreciation, and management of the Middle-Atlantic estuarine systems in general. Reserve activities will augment, not replace, the conservation, research, education and other programs of the reserve property owners. Facilities will be developed as necessary to aid in research and education. DNERR access policies will be developed and enforced to protect the integrity of the reserve. III. OBJECTIVES AND GOALS The ultimate goals of the Reserve are long-term and somewhat open-ended, focusing on desired conditions rather than specific actions. The objectives are short-term, measurable steps that can be taken to fulfill the goals. The various activities and programs recommended for implementation under this plan are aimed at achieving the objectives. Resource Protection Goal Protect the natural and cultural integrity of the ecosystem(s) within the Reserve and associated historic properties from disruptive activities occurring inside and outside of the reserve's boundaries. Resource Protection Obiectives - Acquire and protect key land and water areas which approximate an entire ecological unit and comprise the research core and adjacent buffer areas through conservation easements, management agreements, land trusts, or land acquisition. - Coordinate existing surveillance and enforcement activities and establish a mechanism to increase resource protection, when necessary; - Provide for adequate public participation as a means to promote compatible uses of the reserve and awareness of the need to protect sensitive resources; - Rehabilitate reserve habitats where necessary to restore natural bio-diversity and prevent further degradation of resources; - Promote the protection of historic properties contributing to an understanding of the human processes which have occurred within the estuary; and 7 - Include historic properties, especially undisturbed areas in land protection decisions. The objectives will be accomplished by implementing this long-term management plan which is tailored to the components' specific resources and management needs. The Management Plan contains an analysis of management issues, a synopsis of existing laws and regulations which protect the reserve components, and a discussion of DNERR management policies which will add additional resource protection. In addition, DNREC and the Conservation Districts will work with affected landowners to develop site- specific conservation plans which can be implemented through conservation easements, management contracts, or long-term leases. Conservation plans will also be developed for properties donated to or purchased by the State for the reserve program. Research Goal Utilize the research reserve for long-term studies to gain a better scientific understanding of natural and human processes occurring within the estuaries and to develop information for improved coastal decision-making. Research Obiectives - Promote long-term base line studies to characterize flora and fauna within the Reserve and gain an understanding of the ecological interrelationships between organisms and their environments; - Promote a better"understanding of tributary water quality conditions, particularly spatial and temporal dynamics, requirements for growth and survival of living resources, and contribution and effects of point and nonpoint pollution; - Promote a better understanding of physical processes operating within the estuary, such as tidal influence, circulation dynamics, freshwater inflow, stratification patterns, and sediment dynamics; Encourage studies that make effective use of past research and address data gaps in the Reserve's information base; - Encourage studies that promote a better understanding of human use of the estuaries in the past, including the processes by which human groups have adapted to changes in the estuarine ecology, as well as understanding the changes which have occurred in the estuaries as a result of human activities; and Provide for effective use and communication of research results. The Reserve's components will serve as natural laboratories for field studies in fundamental and applied estuarine sciences .and cultural ecology and will provide a linkage between the 8 scientific community and resource managers. The Reserve will be utilized, as appropriate, both for short-term studies to assist in the development of management strategies and long-term studies to improve understanding of ecosystem processes in the Delaware Bay and its tributaries. The Reserve will provide a basis for determining the "health" status of coastal habitats in relation to population growth and development within Delaware and the Middle Atlantic Region. Education Goal Enhance public awareness, understanding, and wise use of estuarine resources in the Middle Atlantic Region and encourage an environmental ethic among all users. Education Oblectives - Promote knowledge of the Reserve, its resources, and its programs as well as knowledge of broader coastal issues and concerns related to estuarine management and protection; - Provide educational and interpretive services at appropriate Reserve components directly to students, managers and visiting public; - Use information on past lifeways to make members of the public more aware of the importance of estuarine ecology and to promote balanced use of estuarine resources; - Promote the preservation of historic properties through public education efforts; - Provide opportunities for teacher training, student projects, internships, and assistantships where enrollees work jointly with scientists, gain field experience, and learn about the importance of research resources; - Provide appropriate facilities which contribute to educational interpretative, volunteer, and research uses of reserve sites; and Provide an understanding and appreciation for appropriate traditional uses of the reserve components, including hunting, fishing, trapping, and boating. The Reserve will be utilized, where appropriate, as outdoor instructional areas for educational studies in estuarine ecology. The reserve program will help foster a long-term commitment to the restoration and protection of the Delaware Bay system and its resources through education about the Bay system, the problems facing it, and the policies and programs designed to help the Bay by providing opportunities for interpretive, recreational, and leisure activities (hiking, bird watching, canoeing, etc.). These activities will be promoted at appropriate reserve sites where the natural area character of the reserve and ongoing research will not be adversely affected. 9 IV. RELATIONSHIP OF DNERR COMPONENTS A. REGIONAL CONTEXT The goal of the NERRS Program is to have at least one estuarine reserve representing each biogeographic region of the U.S., and within each region, to represent the major estuarine types found. Currently no other sites exists in the Middle Atlantic region. New Jersey attempted to establish a Reserve along the Mullica River several years ago. New Jersey has recently begun to re-study the Mullica river through a site investigation for nomination to NOAA. As the focal component of the DNERR, the Lower St. Jones River estuary has several attributes that are desirable for Regional representation: 1) good access and utility for environmental education and research; 2) a relatively undisturbed tidal marsh representative of the moderate to high salinity emergent wetlands found along the Delaware 'Coast; 3) adjacent State Wildlife Areas on several sides, permitting studies of manipulative and non-manipulative habitat management techniques; 4) a surrounding upland that surprisingly is still agrarian or forested in nature, presenting opportunities to examine the impacts of agriculture on estuaries; 5) close proximity to the growing City of Dover along the upper St. Jones River, yielding opportunities for the study of man's urbanized impacts on estuarine systems; 6) close proximity to the oyster grounds of the open Delaware Bay; 7) proximity to shoreline segments of Delaware Bay that are crucial foraging habitat for the international migratory shorebird resource; 8) a rich, well documented history of man's use and interactions with the estuary (e.g. the Dickinson Mansion would be part of the DNERR complex); 9) readily available administration and professional management expertise, since DNREC headquarters is within 6 miles and there is good potential to house pertinent DNREC technical personnel at this component and have them assume some of the DNERR management responsibilities as part of their routine duties; 10) good opportunities for outdoor recreation and educational exhibits convenient to a growing metropolis. The Upper Blackbird Creek estuary component nicely complements the environmental attributes of the Lower St. Jones River estuary, since the Upper Blackbird is primarily a low salinity or freshwater tidal marsh, containing a varied mixture of open water, tidal mud flats, and highly diverse emergent wetlands and forested fringes. Desirable attributes of the Upper Blackbird Creek for the Region include: 1) the area is ecologically representative of the landward ends of many regional estuarine rivers and creeks, and is still relatively undisturbed; 2) contains a high diversity of plant and animal life; 3) aesthetic beauty; 4) provides opportunities for outdoor 10 recreation in a relatively remote setting; 5) surrounding land use is primarily agricultural, so provides additional opportunities to assess impacts of farmland practices on estuaries; 6) is near extensive stands of Phragmites along the lower Blackbird Creek, so will provide outstanding opportunities for applied research on the biology and control of this problem species; 7) is in close proximity to ecologically interesting, non-tidal forested wetlands, in particular the Delmarva Bays of Blackbird State Forest. The two sites are managed as a multi-component Reserve due to the complementary nature of the components. The urbanization of the upper reaches of the St. Jones River estuary caused by the City of Dover limits the opportunity to acquire an ecological unit without the complementary upper Blackbird Creek site. The minimum defined boundaries of the two components together provide the ecologically key land and water areas of the research Reserve. B. RELATIONSHIP TO OTHER COASTAL PROGRAMS These two DNERR components are within Resource Areas designated as Lands of State Significance by the Governor's Greenspace for Delaware's Future Committee (1990). Additionally, the Blackbird Creek wetlands have been designated by the U.S. Fish and Wildlife Service, in their draft (1989) Regional Wetlands Concept Plan supplemental to the National Wetlands Priority conservation Plan (1989) to help actuate the Emergency Wetlands Resources Act of 1986, as priority wetlands for protection and acquisition. The Delaware Estuarine Reserve should also provide opportunities to help strengthen, and in turn be strengthened, by interactions with the Delaware Coastal Management Program and the EPA/DNREC Delaware Estuary Program, since the Delaware Estuary (River and Bay) was designated by the EPA in 1988 as part of the EPA's National Estuary Program. DCMP Policies that support DNERR proposals The purpose of the DCMP "is to provide a systematic approach to decisions regarding the use of Delaware"s resources which will provide for reasonable growth and development while conserving and protecting our irreplaceable resources". The DCMPfs first objective of four objectives to achieve this overall purpose is: "Develop methods to evaluate coastal land and water uses so that informed decisions can be made". This objective is supported, among others, by the following DCMP policies: Section 5.A.1. Wetlands Policy 1. The productive public and private wetlands in the State shall be preserved and protected to prevent their despoliation and destruction. 11 Policy 2. Activities in or adjacent to wetlands shall be conducted so as to minimize wetlands destruction or degradation, to preserve the natural and beneficial values of wetlands, and to protect the public interest therein. Policy 8. In considering the environmental impacts of a proposed activity in wetlands, the Department (DNREC) shall consider the cumulative impact of individual projects. Section 5.A.2. Beaches and Shoreline Policy 1. The public and private beaches of the State shall be preserved, protected, and enhanced to prevent their destruction and despoliation. Policy 2. Publicly owned beaches and shorelines shall be managed and maintained to assure adequate and continued public access to these areas within the carrying capacity of the resource. Section 5.A.3. Coastal Waters Policy 2. The water resources of the State shall be protected from pollution which may threaten the safety and health of the general public. Section 5.A.4. Underwater Lands and the Coastal Strip The policies of this section depend upon good understanding of the values and impacts that proposed activities may have on the estuarine environment of the Coastal strip. Section 5.B.1. The 11Public Lands" Policy 5. DNREC shall manage these lands for public recreation purposes and for the conservation and preservation of their natural resources and beauty. A management priority shall be the maintenance of public access to the beach and ocean where such access can be accommodated without serious damage to the primary resources... Section 5.E.G. Coordination Policies, Policy 2. State agencies responsible for implementation of the CMP shall coordinate their CMP implementation responsibilities with each other to the extent necessary to assure well informed and reasoned program decisions. BACKGROUND COASTAL ZONE MANAGEMENT ACT Congress has declared that it is the national policy "to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone" ... and "to 12 encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone, giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for compatible economic development" ... (CZMA Section 303). DCXP "ENHANCEMENT AREAS" The Delaware Coastal Management Program, funded under a grant from NOAA, provides guidance for staff members throughout DNREC as they work to preserve and enhance Delaware's coastal zone, the dynamic zone between land and sea. In Section 309 of the CZMA, Congress articulated improvements states could make to enhance their approved coastal zone management programs. Congress named eight subject areas in which states can work to improve their coastal zones: � Protecting, restoring, enhancing or creating coastal wetlands. � Preventing or reducing threats to human life and property in coastal areas. � Increasing public access. � Reducing marine debris. � Controlling coastal growth and development. � Preparing and implementing "special area management plans." � Planning for the use of ocean resources. � Siting facilities, such as energy facilities, which may be of "greater than local significance." Many of these eight subject areas are addressed in this management plan by directing research and education efforts toward these subjects which will provide additional information in the decision making processes for better coastal resource management. C. RELATIONSHIP TO NERRS The establishment of the Delaware National Estuarine Research Reserve within the framework of the National Estuarine Research Reserve System provides a means of addressing environmental problems in the State's coastal waters, wetlands 13 and contributing watersheds. A fully implemented DNERR will offer protected components where environmental research and education can focus on natural estuarine processes and man-induced alterations within our coastal habitats, typical of the Middle Atlantic Region. Research and Education projects that are selected will help decision makers in addressing critical coastal management issues. The administrative network that is established under the National Program will promote an exchange of research findings and education efforts for Delaware's estuarine waters, the Middle Atlantic Region, as well as from other estuaries of the United States. The management plan evaluation and review in this section primarily addresses NOAA's interest in a network of estuarine reserves that are maintained at a level that will be valuable to the national interest in estuary management. The benefit to Delaware in joining this network of reserves is the sharing of estuarine education, research, and management techniques and the grants that are available to a designated reserve that is meeting the objectives of the national program. Because DNREC's interest in estuarine management complements NOAA's national interest, the reserve program operates as a State/Federal partnership. The management of DNERR is the long-term responsibility of DNREC, and NOAA- cooperates with and assists Delaware on a regular basis. NOAA will perform formal reviews to ensure that DNREC is in compliance with federal NERRS goals, the Management Plan, and NOAA grant work plans. 14 V. MANAGEMENT ISSUES There are issues pertinent to Delaware that are in and around the DNERR that must be recognized and addressed. The Management Plan is based on a strategy that is focused sufficiently to minimize the negative impacts of these particular issues as well as maximizing the positive impacts that many of these issues will provide. The Management Plan also provides the flexibility to address issues that may arise over the long term nature of the Reserve. Following are the current management issues: - Population Growth - Highway construction; RT 1 Relief Route; RT 9 & 113 alterations - Channel alignment & dredging - Fish & Wildlife management; Hunting, fishing, habitat improvement - Public access; Restricted areas (e.g. long term research, education, and facility areas) - Refinement of boundaries; To be determined when management issues are addressed - Traditional uses; State owned - DNERR objectives top priority; Easements - Landowners wishes first priority - Research management on non-state areas will be permissible by concurrence of the private sector first - Zoning; Land uses: USAFB flight & noise; Wildcat super fund site; City of Dover; Conservation Zones; Agriculture; Sludge & animal waste land/wetlands application - maintenance of freshwater flow: State stormwater management law; water quantity/quality - Maintenance of natural conditions within site designated areas - Protection of significant natural & cultural resources - Delineation of research agenda to promote DNERR intent - Monitor activities - PCB's in fish flesh of the St. Jones River - On-site vs. off-site program - Representative of Middle Atlantic sub-region - Need to implement reserve program that provides better management tools for coastal programs - Research protection activities (Habitat manipulation or alteration) - Controlled flexibility (all plans need to include desired activities & undesired activities) - Administrative oversite - Support long-term studies - Resource data base - Link DNERR with scientific community - Transfer & translation of scientific information to coastal decision-makers & users - Peer review of proposals and technical.reports - Tailor education, interpretation & other visitor use programs to component needs & constraints - Coordinate Estuary research, education & cultural efforts 15 in Delaware - Cultural resources; Cultural resources protection needs to be integrated with whole program - Establish research, education, & cultural center - Encourage environmental ethic among all estuary users The DNERR and Delaware Bay Even though the DNERR lands consist primarily of tidal wetlands, wetlands rivers or creeks, and adjacent upland fields or woods, a substantial focus of the DNERR (for both environmental education and research) will be on ecological habitats, environmental processes, economic problems, or societal issues associated with the open estuarine waters of Delaware Bay. Topics of interest to the DNERR in the large estuary of Delaware. Bay are widely varied -- e.g. hydrology of Delaware Bay; estuarine water quality; heavy metals and toxics; marine sediments; coastal geomorphology; nutrient cycling and microbial processes; plankton communities;benthic organisms; estuarine fisheries; neritic waterbirds; marine shipping and commerce; dredging impacts within the DNERR's limits of physical accessibility to Delaware Bay. significant programmatic emphases in education or research will be placed on Bay-related topics. .16 VI. HABITAT MANIPULATION NOAA regulations provide that habitat manipulation subject to certain restrictions and conditions can occur in NERRS sites, as long as the ecological or representative integrity of a reserve is not compromised. Activities encompassed by the phrase "habitat manipulation" may vary widely in scope and scale, from gross alterations of topography, hydrology or vegetation patterns; to minor modifications of soil, drainage patterns or plant cover; to introductions or control of animal species; to applications of chemicals or radioactive tracers. Specifically, 15 CFR Section 921.1(d) recognizes the need to allow and accommodate habitat manipulation for research purposes, as long as the manipulative research activities are specified in the management plan, they are consistent with the mission and goals of the NERRS program and the affected reserve, and they are limited in nature and extent to the minimum manipulative activity necessary to accomplish the research objective. Manipulative research activities having significant or long-term impacts on reserve resources require prior approval from the state and NOAA. Habitat manipulation for purposes of restoring degraded areas to provide better representations of estuarine ecosystems are also permissible, addressed in 15 CFR Section 921.1(e). Restoration activities involving habitat manipulation to improve the representative character and integrity of a reserve must be carefully planned and approved by NOAA through the management plan. Restoration of degraded estuarine areas will often provide excellent opportunities to do management-oriented research, as stated in 15 CFR Section 921.1(e). Habitat manipulation for resource management is generally not permitted at NERRS sites, except for purposes of research or environmental restoration. However, NOAA may allow exceptions to these prohibitions, as stated in 15 CFR Section 921.1(d), if manipulative activity is necessary for the protection of public health, or to preserve or protect other sensitive resources identified under relevant federal or state authority (e.g. endangered or threatened species, or historical or cultural resources). If habitat manipulation is determined to be necessary to protect public health or sensitive resources, then these activities shall be stated in the management plan and limited to reasonable actions which have the least adverse and shortest term impacts on a reserve's representative and ecological integrity. The DNERR plans to manipulate habitats, or sees a potential need to manipulate habitats, for four primary purposes: 1) environmental research; 2) restoration of degraded ecosystems; 3) prevention or avoidance of new environmental degradations, or prevention or avoidance of undesirable changes in the representative characteristics of the reserve; 4) protection of public health (e.g. mosquito or biting-fly control). Secondary effects resulting from such manipulative actions may include maintenance, restoration or enhancement of fish and wildlife 17 populations, or improved management and control of the reserve's .hydrological or vegetative characteristics to maintain representative integrity. All DNERR habitat manipulation will be done in a manner consistent with NERRS regulations, which includes their identification and description in the management plan, plus pre-approval and post-review by NOAA. .Anticipated or potential habitat manipulation in each DNERR component include the following six (6) activities: Insecticide Use. Because of each Reserve component's proximity to populated areas, and the potential for mosquitoes causing on-site and off-site nuisances and carrying diseases that could cause human illnesses, such as Eastern Equine Encephalitis, saltmarsh mosquitoes that are produced on the Reserve must be controlled. Fortunately, much of the Reserve's tidal wetlands are regularly-flooded habitats where mosquito production is not too severe. However, there are irregularly-flooded zones behind the creekside natural levees or near the upland fringes that necessitate occasional control efforts. When warranted, these areas are treated by the Delaware Mosquito Control Section (part of the DNREC's Division of Fish and Wildlife) with aerially- applied larvicides before the adult mosquitoes emerge, done at a frequency of 2-6 times per pest season (May- October). Quite infrequently, it may also be necessary to aerially-apply adulticides along the field-and- forest border of the wetlands' upper fringe. All insecticides used are chosen and applied with environmental safety and compatibility foremost in mind, in terms of using the best products at the lowest rates to achieve both efficacious abatement while avoiding or minimizing non-target impacts. Because of the nuisance and human disease problems associated with the far-ranging saltmarsh mosquitoes, these insecticide .control efforts must continue within the Reserve after its designation. Essentially, the need in the DNERR for insecticide use, types of insecticides, methods of application, areas of treatment, and frequency of treatments will be the responsibility and decision of the DNREC's Mosquito Control Section in consultation with the Reserve manager. other pest populations of non-culicid biting flies (e.g. greenhead flies, deer or sheep flies, biting gnats or no-see-ums) occur on the Reserve components, and at times they can be very annoying. However, -because of their localized distribution and short flights, they are normally not controlled. This policy may have to be re-examined dependent upon the nuisance or health problems that establishment and operation of a Reserve program may engender. 2) Open Marsh Water management (OMWM) The State is actively pursuing a program to lower its dependence on chemical insecticides to control saltmarsh mosquitoes, by substituting the biological control technique of Open Marsh Water Management (OMWM) as. fast at the State"s resources and landowner cooperation permit. The environmentally-compatible OMWM source reduction technique uses selective ekcavation of ponds and ditches to usurp ovipositioning sites and to increase larvivorous fish access. In order to reduce the need statewide to use insecticides, the State has included the lower St. Jones River basin for future OMWM implementation, just as has been planned for many other pest-problem production areas within Delaware's coastal marshes. It is anticipated that no more than 20% of the tidal marsh surface area within the lower St. Jones River reserve component would have to be treated with OMWM, primarily confined to "salt hay" zones behind creekside levees or near upland edges. An additional advantage of the OMWM technique is that a parallel-grid-ditched marsh which is treated with OMWM has wildlife habitat of pools and pannes restored to a marsh which was dewatered by the parallel-grid ditches. Production of saltmarsh mosquitoes in the Plackbird Creek reserve component is not too much of a problem because of the brackish and freshwater habitats found in the upper Blackbird Creek, so this site is not a probable candidate for OMWM treatment. However, production of other mosquito species (and biting flies) can locally be severely annoying and a potential health problem, so use of insecticides must continue since a practical source reduction method is not available. 3) Restoration of Parallel-Grid-Ditched Marsh. Parallel drainage ditches, about 150 feet apart and 30 inches wide by 30 inches deep, were installed in over 70% of Delaware's tidal marshes during the 1930's for purposes of saltmarsh mosquito control. The ditches partially drained breeding areas and provided access at high tides for larvivorous fishes for mosquito abatement. However, many breeding sites (i.e. potholes) were not drained by the geometrically-located grid ditches, so mosquito control was often less than satisfactory; additionally, para 1 le 1-gr id-d itches were often located in non-breeding marsh areas, unnecessarily altering wetlands, and frequently larger marsh pools and pannes of high habitat quality for waterbirds and aquatic organisms were drained. The parallel-grid-ditch network in Delaware was maintained 19 ("cleaned") and even somewhat expanded by additional excavation projects in the early 1950's and mid-19601s. Para 1 le 1-gr id-ditching is extensive in the tidal wetlands of the Lower St. Jones River component, but the Upper Blackbird Creek component is not heavily affected. As such, restoration of wetlands hydrology in the St. Jones site, which would involve reversing the effects of parallel-grid-ditching, might be a desirable future undertaking. An intensive restoration plan might involve filling the grid-ditches with "appropriate" soils, but such an effort would involve much traversing and temporary alteration of marsh to accomplish, and uncertainty exists about the source and suitability of soil to use as fill material. (Note: in many locations, grid-ditches are naturally filling via tidally-borne sediments, but such processes take several decades to start to have functional effects.) If restoration of grid-ditched marsh is undertaken, it is more probable that earthen plugs up to 50 feet long will be placed in the grid-ditches near the ditches, intersections with tidal creeks; the ditch plugs would fill short segments of ditch channels to marsh surface elevation, thus restoring wetlands hydrological patterns (particularly subsurface water tables) upstream from the plugs.* Plugging those grid- ditches which would most likely restore marsh ponds or surface pannes would be given top priority. Parallel- grid-ditches that are still necessary for mosquito control purposes would not be restored (i.e. not plugged). However, when areas are treated with OMWM, grid-ditches are often plugged to incorporate them into certain types of OMWM systems, helping to restore wetlands hydrology. Thus, restoration of parallel- grid-ditch hydrological effects could be accomplished by plugging grid-ditches, either remote from or in association with OMWM systems. 4) Phragmites Control The rapid spread of phragmites over many areas of Delaware's costal wetlands has had a net detrimental impact on the quality and quantity of the marshfs resources. While the extent of phragmites cover in the lower St. Jones River reserve component is not yet severe, there is the potential that this problem might someday need control measures on the Reserve. About 11% of Delaware's coastal wetlands are densely infested with phragmites, and about 1/3 of all of the State's tidal marshes have this species' cover at lower densities. Areas of the Ted Harvey Conservation Area, adjacent to the St. Jones River site, had unacceptable phragmites incursions and were treated for marsh restoration. If phragmites control is required in 20 order to maintain or restore a balanced representative ecosystem, the State's control program,.relying on selective application of glyphosate herbicide followed by prescribed burning, is the preferred option. The Upper Blackbird Creek reserve component has about 20% of its seaward marsh area severely infested with phragmites, with vast expanses of phragmites- dominated marsh extending downstream from the Reserve all the way to Delaware Bay. Because of the Blackbird Creek component's incipient problem and close proximity to extensive phragmites stands, the need to respond to future unacceptable incursions must be recognized. 5) Research Manipulation. Habitat modifications or alterations may be made for purposes of environmental research. Such experimental manipulations are usually small-scale or have only temporary effects. Examples of potential habitat manipulations for research include, but are not limited to, the following: a) Clip-and-harvest of aboveground vegetation plots. b) Placement of animal exclosure or inclosure cages. c) Taking soil cores, boring soil holes, excavating observation wells or profile pits, etc. d) Placement of sampling apparatus (and supporting structures) for aquatic biotic surveys, such as drop nets or fyke nets. e) Construction and operation of hydrological monitoring stations, involving devices such a's tide gauges and stillwells, current meters, pumpsl or electrical probes and sensors. f) Marking study plots, boundaries, sampling stations, transects, etc. with stakes, flags, tape, signs, twine, etc. g) Construction and use of wildlife observation blinds. h) Placement of small footbridges or boardwalks to allow access to research areas. i) Installation of small water control structures for hydrological studies, such as weirs, flumes, canal- checks, riserboards, etc. j) Additions o'f chemical fertilizers, injections of radioactive tracers, release of tracking dyes, spraying experimental pesticides, etc. 21 6) Snow Geese Grazing. Over the past 15 years, snow geese populations in Delaware have rapidly expanded. Migratory and wintering snow geese flocks have now become so large that these birds are overgrazing many areas of Delaware's tidal wetlands, denuding patches of emergent vegetation up to several dozen acres in size per patch, with a preference for Spartina alterniflora marsh herbivory. Repetitive grazing of an area for just a few seasons has caused permanent conversions of previously emergent wetlands to mudflats or subaqueous bottoms. At present, snow geese overgrazing is not a problem at either reserve component. However, the potential exists for future problems, particularly at the lower St. Jones River site. If it becomes desirable to prevent or discourage snow geese overgrazing in the reserve, corrective methods such as structural detractants, special hunting practices, or other harassment measures could be used. In order to show the extent of anticipated or potential habitat manipulations within the DNERR, the following table presents estimated maximum percentages (by surface area) of what will be permissible manipulation, for both core and buffer areas. St. Jones Blackbird Habitat Manipulation Core Buffer Core Buffer Insecticide Use 80(1) 25 50(2) 25 OMWM 20 NA NA NA Restore Ditched Marsh 80 NA 30 NA Phragmites Control NA NA Research Activities 25 70 25 70 Snow Geese Responses NA NA Codes Core Primarily tidal wetlands and associated water features. Buffer = All non-core areas. NA = Not applicable = unknown maximum (probably if and as needed) (1) = If OMWM is performed, then larviciding for mosquito control would be eliminated in core. (2) = In comparison to St. Jones site, done infrequently at Blackbird site, only once or twice per year or not at all. 22 In order to insure the long-term representative and ecological integrity of the DNERR, it is important that accurate record-keeping and tracking be done - for all previous or ongoing habitat manipulations, and that all newly proposed manipulations be given thorough review and prior approval by the State and NOAA. Records of cumulative surface areas (acreages) affected by the various habitat manipulation practices will be kept and continuously updated, in order to confine and perform needed manipulative activities without exceeding the identified maximums. If (or as) maximum limits are approached in the future, it will become more and more important to sparingly approve new manipulations in previously non-manipulated areas, and to direct where possible new manipulation proposals into already manipulated areas (i.e. recycle or reuse formerly manipulated sites when possible)4 Review procedures and requirements by the State and NOAA for specific habitat manipulation activities are addressed later in the plan, in the sections dealing with environmental research and monitoring or with environmental restoration. 23 VII. BOUNDARIES AND ACQUISITION PLAN A. KEY ECOLOGICAL AREAS Boundaries for DNERR include an adequate portion of the land and water areas of the natural system to form an ecological unit which ensures effective conservation. These areas are discrete enough to be effectively managed, and large enough to make long- term research possible. To help focus management efforts, site boundaries encompass core and buffer areas. NOAA regulations 15 CFR Section 921.11 define core areas as areas which contain "ecological units of a natural estuarine system which preserves, for research purposes, a full range of significant physical, chemical, and biological factors contributing to the diversity of fauna, flora, and natural processes occurring within the estuary." The core area is "so vital to the functioning of the estuarine ecosystem that it must be under a level of control sufficient to ensure the long term viability of the reserve for research on natural processes... [These areas] should encompass resources that are representative of the total ecosystem which, if compromised, could endanger the research objectives of the reserve." A buffer area is defined as an "area adjacent to or surrounding key lands and water areas and essential to their integrity. Buffer zones protect the core area and provide additional protection for e stuar ine -dependent species". The buffer area may include an area for research and education facilities. Site surveys were conducted to.establish boundaries for each 6NERR - component. Acquisition strategies to establish adequate State control have been established to provide long-term protection for reserve resources within these boundaries. Expenditure of federal and state funds will be minimized by giving priority to non-fee simple acquisition strategies, such as Memoranda of Understanding (MOUs), conservation easements and long term leases when possible. Fee simple acquisition was used, and is expected to be used, to obtain . some privately owned parcels of land. The state will acquire control of land and water areas from willing sellers and participants only. No condemnation procedures will be used. B. PRIORITY ACQUISITIONS 1. Lower St. Jones The Lower St. Jones River DNERR component is located in east-central Kent County, approximately 6 miles southeast of 24 downtown Dover (Fig. 2). The proposed maximum boundaries include landowners with title to about 5000 acres, with most of the area east of Rt. 113 (at Barkers Landing), on the north side of the St. Jones River (Fig. 3). The other portion of the component east of Rt. 113 is on the south side of the St. Jones River, extending up Trunk Ditch to Rt. 113, with the remainder of the component on both sides of the St. Jones River west of Rt. 113, extending up Cypress Branch to C.R. 363 (Fig. 3). ST. JONES SITE BOUNDARIES The component is,between the Logan Lane tract on the east, which forms the state-owned, 2019-acre Ted Harvey Conservation Area and the 176-acre Roberts tract on the west, also part of the State Wildlife Area system managed by the DNRECIIs Division of Fish and Wildlife. The Wildlife areas proximity to the Reserve nicely complement the component's conservation, research and educational activities. The distance along the main channel of the St. Jones River between the Reserve's upstream, western boundary and Delaware Bay is about 5 1/2 miles. The river continues upstream past the landward boundary of the DNERR component for another 5 miles, flowing out of Silver Lake near downtown Dover. The DNERR component encompasses the John Dickinson Mansion (north of the St. Jones River and east of Rt. 113), managed by the Delaware Division of Historical and Cultural Affairs. The component is partially adjacent to the Dover Air Force Base on the north, and the main body of the component is two miles west of the Delaware Bay shoreline. The DAFB is not within the Reserve. Known or potential hazardous sites at the DAFB are not located on the St. Jones River and are not expected to cause any potential harm to research activities. The St. Jones component does not lie within the flight line of DAFB and any noise levels will be taken into account when designing DNERR facilities. River area to the Bay is included in the component as well as the section of the Delaware Bay from the mouth of the St. Jones north and along the shore boundary of the Logan Lane tract to near its limit along the shore and extending bayward a distance of two miles. 25 HEAD Will All Wf Mc Q x 'E"'j S@ T A, VAT!E I MMFOIW E aU "A I N' Hdl Vd GTO' k MP 37 FIGURE 2 General location of the proposed Lower St. Jones iiz- River DNERR Component, in east-central Kent County Delaware National Estuarine Research Reserve St. Jones Component\,, gure 3. Key a a and boundaries of the er St. Jones River DNE R component. ........ ........ ................. .... .......... . . . . . . . . . . .-7 X., V--------- ..... ..... ........ ..... ... Logan Lane Fish and Wildlife Area Site Boundaires M Core Area (Acquired) Delaware Bay [0 Core Area (Proposed) ex M Buffer Area (Protected) El Buffer Area (Proposed) N re L 01@ TABLE 1 Land Ownership in the Lower St. Jones River DNERR Component 14AP PARCEL ACREAGE OWNER East Dover Hundred 96 20 95.4 Adele Conner 19 264.7 George & Lunch, Inc. 15 306.5 Delmarva Land Co. 21 13.0 State of Delaware, Dept. of State 106 23 5.3 Thomas B. Farr Estate 8 1.3 David J. & Sharon Lewis 7 2.5 Joan M. & Mabel I. Jones 6 12.0 Robert Clouser 5 8.4 Alexander Auchterlonie 3 12.0 Fraternal Order of Police 2 11.1 Delmarva Power & Light 24 124.6 Alvin G. & Loretta Wilson 1 142.6 Alvin G. & Loretta Wilson 431.3 State of Delaware, DNREC 105 7 249.8 Delagra Corp. 10 90.0 James McIlvaine 8.01 23.0 State of-Delaware 8 100.0 King Cole Farms, Inc. 1 40.0 Marjorie Lane South Murderkill Hundred 114 1 543.3 David Vance & Wm. George Morris 113 17 76.9 The Island Farm, Inc. 34 366.4 King Cole Farms, Inc. 15.01 1.2 King Cole Farms, Inc. 16 996.4 King Cole Farms, Inc. 43 75.0 John Wilkins 41 55.8 Ester & James Orvis (lifetime Est.) 105 23 43.5 King Cole Farms, Inc. 13 4.4 Capital Office Equipment 12 51.0 Henry Zimmerman 27 80.2 King Cole Farms, Inc. North Murderkill Hundred 96 03 100.0 John Farrow @04 144.0 State of Delaware, DNREC 105 3 10.0 Henry Zimmerman 2 363.0 Calvin Meyers 1 177.2 Calvin Meyers 28 FIGURE 4 EAST DOVER HUNDRED st. Jones property ownership within the Lower River DNERR COMPonent (corresponds with Table 1) 144.0 264.7 100.0 23. 13.0 t5 1.3 NORTH 40@O 8.4 MURDERKILL 363.0 100.0 249.8 11A HUNDRED 177.2 233.5 110 10.0 90'D N 470.8 51.D 0.5 4.4 MAGNOVA 11 giver 76.9 543,3 366.4 75.0 SOUTH MURDERM 55@8 HUNDRED LOWER ST, JONES Scale In Fed iil!!!!!!!M - Local Interest and Participation The Lower St. Jones River received the most local support and interest of any site that was examined. Significant interest in the Lower St. Jones River area f or its research and educational potential was expressed by both Delaware State College and Wesley College. Letters of support for the Lower St. Jones site were sent by the Principle Planner for Kent County, and by the Mayor of Dover. A joint letter of support for the St. Jones site from the Mayor of Dover and the President of the Kent County Levy Court was sent.to Governor Castle. A local historical society, the Friends of Dickinson Mansion, was supportive. Town officials from Bowers Beach expressed interest in having the DNERR program help in land-use planning to conserve rural characteristics along the south side of the lower St. Jones River. The formation of a Lower St. Jones River-DNERR Landowners Management Association! with three property owners elected to serve as Association officers, was quite encouraging. One of the private landowners within the site, an owner of about 700 acres of contiguous key parcels, has expressed a strong int *erest in helping to establish the program (the landowner has sold 431.3 acres to the State for the Reserve and has signed a conservation Easement to keep the remainder of his lands in farm and woodlands). Land Ownership The Lower St. Jones R iver site boundaries encompass 35 parcels of land representing 24 landowners (Table 1 and Fig. 4). The figure of 5022 acres for this site is a maximum value, since it includes upland areas for parcels containing wetlands where not all of the upland may need to be included in the DNERR component, although some upland area is needed for buffers and support facilities. In terms of percent ownership, 12.2% is owned by the State; 6.1% by a construction company doing sand- and-gravel excavation on its adjacent property; 0.2% by a fraternal organization; 33.1% by a corporate farm; 5.0% by another corporate farm; and the remaining 43.4% by 16 private landowners, with four of these private landowners owning 40.8% of the component. a. Core Areas The minimum core area of the St. Jones component, which includes a complete State owned ecological unit, consists of approximately 50 percent of the estuarine wetland complex located on the north side of the river between the Logan Lane Tract of the Ted Harvey Wildlife Area and Route 113. This complex includes the tidal marshes, tidal creeks and guts,, and the open waters. Excepted from this wetland complex are: the old wharf site immediately behind the Dickinson Mansion in the edge of the tidal marsh; the boardwalk sites and the wetlands upstream of the boardwalks; and other areas surrounded by upland. The minimum core and buffer areas were acquired by the State from Alvin G. and Loretta Wilson in the purchase of parts of two tracts, in November 1991 the Slaughter tract of 343.8 acres fee simple and 124.58 acres of conservation easement (development rights) and in 30 April 1992 the Wilson tract of 87.5 acres fee simple and 142.63 acres conservation easement (development rights). The maximum core area includes all of the estuarine wetland complex on both sides of the river from the Delaware Bay to the Delmarva Land Company located 1.75 miles west of the Barkers Landing Bridge. b. Buffer Areas The buffer areas of the component includes the present agricultural and wooded areas immediately adjacent to the core areas. Included in the buffer areas are the freshwater marshes surrounded by upland. The old wharf site and the areas around the boardwalks are part of this buffer. The other areas located south of the St. Jones River east of Route 113 and on both sides of the St. Jones River west of Route 113 will be within the buffer of the minimum defined core. Adequate buffer areas were acquired in the Slaughter and Wilson tract purchases. c. Market values Market values will be established by appraisal reports in conformance with the "Uniform Appraisal Standards for Federal Land Acquisitions." "Fair Market Value" is defined as the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would be sold by a knowledgeable owner willing but not obligated to sell to a knowledgeable purchaser who desired but is not obligated to buy. More than one appraisal may be necessary where negotiations stall. only appraisers who can meet these standards will be used. 2. Upper Blackbird The DNERR component for the Upper Blackbird Creek estuary is located in southeastern New Castle County to the east of Rt. 13, about midway between Odessa to the north and Smyrna to the south (Fig. 5). This component of the DNERR is located about 20 miles (or a 35-minute drive) north of the DNERR focal component on the Lower St. Jones River. BLACKBIRD COMPONENT BOUNDARIES The Upper Blackbird Creek component's maximum proposed landowners have title to about 3688 acres on both the north and south side of Blackbird Creek, from the Rt. 9 bridge at Taylors Bridge upstream to near Rt. 13 at Blackbird (Fig. 6). The major tributary of this upper creek segment is Beaver Branch, entering on the north side of Blackbird Creek about midway within the proposed Reserve. The main channel of Blackbird Creek stretches over 5.7 miles throughout the center of the component. Downstream of the seaward end of the Reserve component, from Taylors Bridge to Delaware Bay, the lower Blackbird Creek runs for another 5.8 miles, passing by Red Bank and Stave Landing on its way to the Bay. The upper third of the Reserve is crossed by C.R. 455 at Blackbird Landing. 31 FIGURE 5 General location of the proposed Upper Blackbird Creek DNERR Component, in southeastern New Castle County If U so- &-k 4? S.Y VWW 6 .. h Man AM Aki@ LkWn Fbke @C- 4: Wo . . . . . . . . . . D-0 WadkW SiWTE R& 8-1h P6- 3 0" st-: "71 C"" cou N I I AA UPPER BLACKBIRD ODESSA Delaware National Estuarine Research Reserve Blackbird Co ponent Taylors Bedge Figure 6. Key areas and bo daries of thqUpper Blackbird eek NERR component. Blackbir Landing I ckbi reek Site Boundaires N M Core Area (Acquired) Core Area (Proposed) Buffer Area (Protected) U-3 Buffer Area (Proposed) Local Interest and Participation Members of the DNERR Advisory committee were very enthusiastic about Upper Blackbird Creek, since it offers ecological characteristics different from but highly complementary to the Lower St. Jones River component. The entire Blackbird Creek estuary has been recognized by the State Off ice of Nature Preserve as an outstanding Natural Area worthy of protection. The New Castle County Department of Planning has indicated that the component is appropriate for a NERRS-type of use. A DNERR Landowners Management Association was formed in October, 1989, consisting of three officers who are site landowners who were elected to help in development of the Reserve Management Plan. Finally, a key parcel on the north side of Blackbird Creek, east of Beaver Branch, was purchased by the State in January, 1990, making this property an integral part of the Upper Blackbird Creek DNERR. The acquisition of this 212- acre parcel, composed primarily of brackish tidal wetlands with a narrow upland buffer and access strip, was made possible by the cooperation and fore-sight of Mr. Holger H. Harvey. Land Ownership The 3688 acres owned by the landowners of the Upper Blackbird Creek DNERR component are divided into 50 parcels owned by a total of 48 landowners (Table 2). Similar to the Lower St. Jones River site, the total acreage figure of 3688 acres is a maximum number, since many of these parcels contain more upland area than what would be needed to provide the creek corridor and adjacent wetlands with adequate buffers. Of the total 3688 acres, Delaware Wildlands, Inc. (a private conservation organization) owns 703 acres (19%), and the State of Delaware"s new acquisition is 212 acres (6%). The remaining 2773 acres are owned privately by 46 landowners; however, only 8 landowners own parcels totaling more than 100 acres per owner, and in aggregate these 8 landowners own 1879 acres (51% of the proposed Reserve). Most of the 36 owners of the smaller parcels are clustered around Blackbird Landing or are west of C.R. 455 (Fig. 7). 34 TABLE 2 Land Ownership in the Upper Blackbird Creek DNERR Component BLACKBIRD HUNDRED MAP PARCEL ACREAGE OWNER Blackbird Hundred 10 54 118.56 Liborio 3 LP 50 46.37 Earl Leasure 51 7.16 Richard & Carroll Parsons 11 129 15.03 Douglas D. Pointer 1 11.42 Todd J. Savidge 135 10.34 Charles J. Benedict 136 15.51 John I. Ciancio 7 57 49.48 John F. Coleman 71 41.77 Charles F. Bartoni Jr. 16 10.29 Harvey W. Straughn 70 16.97 John W. Bingham 69 14.03' William A. Weatherlow 17 2.40 William C. Shane 61 2.48 Paul A. Rynkiewicz 62 2.09 Edward P. Riehm 63 8.4 Norman Rushton, Jr. 64 10.32 Ronald F. Schocie 65 12.86 Michael R. Atkinson 66 7.03 William A. Slawter 26 11.28 Lena C. Unruh 15 24.19 Gerald K. Heinold, Sr. 3 231.18 Charles F. Stites, Jr. 12 118.59 Vernon E. & Kenneth A. Kershaw 58 54.38 Vernon E. & Kenneth A. Kershaw 59 151.03 Vernon E. & Kenneth A. Kershaw 13 321.18 Mary T. Lynch 27 3.09 Robert C. Smith 8 1 46.35 Henry J. Stellar 2 192.2 Virginia M. Bell et al, c/o W. Paul Bradley 3 4 1.22 Mary A. Stellar 5 4.64 Reynolds E. Mercer 4 6 155.58 T. William Lingo 10 703.40 Delaware Wildlands, Inc. 35 (continue table 2) APPOQUINIMINK HUNDRED MAP PARCEL ACREAGE OWNER Appoquinimink Hundred 20 83 10.00 Frank Anderson 16 159 199.38 Corbit D. Collins 178 27.00 Donald R. Wood 253 28.75 David M. Truesdale 147 57.75 Chester Gove, Jr. 146 80 George E. Parsons 17 3 61.57 William J. Cornelius 5 50.0 Earl Swanson 17 85.50 William Manwaring 18 40.35 Hans F. Haug 6 72.0 David H. Donovan 7 79.10 Harry Fisher, Jr. 49 161.43 Holger H. Harvey et al 50 53.3 F. Thomas Unruh 51 211.53 State of Delaware, DNREC 13 20 11.70 Geoffrey G. Perry 19 25 Elsie & Pauline Shockley 26 12.77 John & Alice McPeake 36 %9 01% 434 #A. 01, N Co' Rd 449 W1 A 211.53 Ac. 11.70 4C. MA 903 Sol 72.10 A,. W1 2 174.20 Ac. A 72AAc. 902 4OJ5 Ac. --,?Ol got 25-53 ACTARli' 134 ,j 50 A@ J2 192.20 k: "I ISM Ac. 000 61.57 AC. 901 .*.'.'. : -.- :, -.1 got 901 0 FARM 321.13 Aft. 001 ....................... a. 40 AUc. .. ... ...... 59 5901 ... ......... .12 151.03 A,. A.. 0. A, 5 116.59 Ac. 3 901 57.75 Ac. 902 1.20 903 28.75 A,- 14.03 40. Ac. 231.54 Ac. 2. Sol Ac. 901 StAu 001) 901 J-0.W 2Y 11FA. 24AS At. 199-M Ac. ISM I 90 1034 M. OX Ac. got 902 1 12 ;V 10.00 AC got 5. 3 A. UPPER BLACKBIRD FARM Ac. 46.37 Ac. 4.79 Ac, ooo - VACW LW J-15 001 - ASSOCKTED PARM VAMW OR WN 901 511,13 Ac. AUMARY WROMEW Oil 53 mi - ONE FAWY PLATIED 015 - ONE FAWLY UWLATFED 134 - CAMPGROUNDS 901 - CROP 902 - MREST/WOOMMO CO- Rd. 465 903 - WHER FIGURE 7 Property Ownership within the Upper Blackbird Creek DNERR Component (corresponds with Table 2) a. Core Areas The minimum core area of the Upper Blackbird, which includes a complete State owned ecological unit, consist of the tidal marsh, tidal creeks and guts, and the open water of the Blackbird Creek between Taylors Bridge and private lands to the North, the Blackbird Creek to the East and South, and Beaverdam Branch to the West. This core area was acquired by The State of Delaware in January 1990 as a cooperative purchase from the heirs of Louise Nowland. b. Buffer Areas The woods along the tidal marsh provide a buffer to the core. Moreover, the uplands immediately adjacent to the woods bounding the core area have been restricted to agricultural use or single family residential use with no residential lot less than 10 acres to ensure little if any impact to the buffer and core areas.. The core and buffer areas consisting of 211.53 acres were acquired in fee simple by The State of Delaware for the DNERR program. Additional property interests may be acquired to add to both the core and buffer areas. c. Market Values Market values will be established by appraisals in conformance with the "Uniform Appraisal Standards for Federal Land Acquisitions." More than one appraisal report may be necessary to determine the proper market value. Appraisal reports for donations of land will not be required, although an appraisal report may be necessary in negotiating a donation. C. STRATEGIES FOR ACQUISITION 1. Fee simple Fee simple title is the acquisition of all rights in the property. Fee simple title will be acquired for the minimum core areas. Through landowner contacts acquisition of the minimum defined core by fee simple title has been determined the only way to ensure the measures required to obtain and maintain the critical estuarine ecological units. Fee simple title will also be acquired for key buffer areas where other lesser property interests cannot be negotiated. 2. Conservation Easement A conservation easement (7 Delaware Code, Ch. 69) may be used to restrict the use of a property to its traditional uses and for this program. An owner can retain title to the property and may continue to use the property for any use not inconsistent with this program. Each conservation easement will be tailored to meet the traditional uses and features of the property. 38 3. Xemorandum of Understanding A Xemorandum of Understanding is an agreement between the private owner or other governmental agency and the State to allow the research and education under the DNERR program on property for which no title interest is being acquired. The Xemorandum of Understanding must address utilization of the property and run for a term sufficient to complete research projects. 4. Long-term Leases Long term leases or agreements may be negotiated when easements or other methods of acquisition fail. These leases are intended to extend over a fifty year period to allow sufficient time for research projects to be completed. 5. Alternatives Rights of first refusal may be negotiated and executed when other commitments from private owners fail. A right of f irst refusal gives the State an opportunity to meet the purchase price of f ered by any prospective purchaser of the private land when a change in title occurs. This is an important tool where land has remained in a particular family for a long time, and the owner wants it to remain. This first refusal helps to ensure the opportunity for the State to acquire the land if the ownership changes or the use of the property changes by rezoning or subdivision. 6. Donations Donations of land should not be overlooked and should be accepted either in fee simple title or conservation easement. In some instances, donations with reserved life estate may be used to incorporate the-land into the program while allowing the owner to continue the traditional uses of the property during the owner's lifetime. D. SCHEDULE Contact has begun f or the core areas in both the St. Jones component and the Upper Blackbird component. The minimum core and buf f er areas in the Blackbird component have been obtained with the acquisition of the 212 acre tract in January 1990. Settlement has occurred with the owner of 698 acres (431 acres fee simple and 267 acres conservation easement) for the minimum core and buffer areas in the St. Jones component. Negotiations will continue with the private owners within the Reserve boundaries. The following page lists the tracts that have been acquired along with the conservation easements which restrict development. 39 DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE LANDS AND WATER ACQUIRED PURCHASED lands water St. Jones = 431.3 Blackbird = 211.53 TOTAL 642.83 ACRES tidal wetlands 413.7 acres core 398.7 acres non-core 15.0 acres uplands 229.13 acres woodlands = 99.16 acres agricultural = 117.97 acres facilities 12.0 acres CONSERVATION EASEMENT St. Jones 267.21 ACRES TOTAL RESERVE 910.04 ACRES Blackbird - NOWLAND TRACT PURCHASED lands and water 211.53 ACRES tidal wetlands = 152 acres core = 152 acres non-core = 0 acres uplands 59.53 acres woodlands = 49.53 acres agricultural = 10.0 acres ----------------------------------------------------------------- St. Jones - SLAUGHTER TRACT PURCHASED lands & water 343.8 ACRES tidal wetlands = 217.36 acres core = 207.36 acres non-core = 10.0 acres uplands - 126.44 acres woodlands = 32.83'acres agricultural = 93.61 acres CONSERVATION EASEMENT 124.58 ACRES TOTAL 468.38 ACRES ----------------------------------------------------------------- St. Jones - WILSON TRACT PURCHASED lands & water 87.5 ACRES tidal wetlands = 44.34 acres core = 39.34 acres non-core = 5.0 acres uplands = 43.17 acres woodlands = 16.8 acres agricultural = 2.37 acres facilities = 24.0 acres CONSERVATION EASEMENT 142.63 ACRES TOTAL 230.07 ACRES The strategy of the acquisition schedule is to continue to acquire the key lands and water within the St. Jones component which has been identified as those lands and water on the north side of the River, east of U.S. Route 113, and west of the DNREC owned Logan Lane Tract. This may be accomplished in the following approach: Fee Simple Title Nowland tract wetlands and upland buffer - 1/90 Slaughter tract wetlands and upland buffer - 11/91 Wilson tract wetlands and upland buffer - 4/92 King Cole Farms wetlands Delagra tract wetlands and upland buffer Conner tract wetlands and upland buffer McIlvaine wetlands Conservation Easement Slaughter farmlands and woodlands - 11/91 Wilson farmlands and woodlands 4/92 Morris wetlands Wilkins wetlands Delmarva Lands wetlands King Cole Farms wetlands Meyers wetlands Zimmerman wetlands Lane wetlands It is stressed again that property will be acquired only from those private landowners willing to participate.in the program. There will be no -condemnation of land. Donations of lands and water will be considered for either fee simple title or conservation easement in addition to the other alternatives described earlier. Fee Simple Title THE NOWLAND TRACT was purchased in January 1990 by the DNREC from the Louise Nowland heirs. The tract consists of 152 acres of wetland core area, and .59.53 acres of upland buffer for a total of 211.53 acres of key lands and water. The tract is located at the downstream end of the Blackbird Creek component on the north side of the Creek and the east side of Beaver Branch. Public access is off of Rd. 456 with sufficient upland for parking and minimal facilities. The Nowland tract includes sufficient key lands and water to represent an estuarine area of lower salinities to adequately compliment the St. Jones Reserve for the DNERR representation of the Middle Atlantic biogeographic region. For this reason, the acquisition of additional lands and water along the Blackbird Creek will generally follow the acquisition of the St. Jones component's priority areas. 41 THE SLAUGHTER TRACT was purchased from Alvin G. and Loretta Wilson in November 1991 by the DNREC from funds allocated by the f irst action of the newly created State Open Space Council. The tract consists of 217.36 acres of core wetlands, 32.83 acres of woodland buffer, and 93.61 acres of farmland as buffer area for a total of 343.8 acres of key lands and water. The tract is located at the downstream end of the St. Jones component on the north side of the River. It is bounded on the east by the 2000 acre Logan lane tract, owned by DNREC, other lands of Alvin and Loretta Wilson on the north and the Wilson tract on the west. Public access will be from the Logan lane on the east and from the Wilson tract on the west. The farmland and family hunting on the rented farmland has been leased back to the Wilsons on a renewable basis. THE WILSON TRACT was purchased from Alvin G. and Loretta Wilson in April 1992 by the DNREC as a second parcel adjoining the Slaughter tract. The tract consists of 44.34 acres of core wetlands, 16.8 acres of woodland, and 14.37 acres of cleared land where the DNERR Education and Research Center is to be located. The tract lies in the heart of the key lands of the proposed Reserve with a peninsula of upland extending into the wetlands for the location of the Center. It is bounded on the south by the St. Jones River, on the east by the Slaughter tract and other lands of Wilson, on the north by Rd. 68, and on the, west by Delagra Corporation. Public access will be provided by a mile long entrance road to be constructed to the Center. Trails have been constructed to provide access from the east and west including 1300 feet of boardwalk just a couple hundred feet from the Center. The Boardwalk includes education stations and a canoe dock for access to the St. Jones River. conservation Easement THE SLAUGHTER FARM development rights were acquired with the purchase of the Slaughter tract from Alvin G. and Loretta Wilson in the form of a conservation easement to allow the continuation of the traditional activities of farming and hunting of the remainder of the Slaughter farm consisting of 124.58 acres. THE WILSON FARM development rights were acquired also with the purchase of the Wilson tract consisting of 142.63 acres. The combined Wilson/Slaughter Conservation Easements restrict development to only 4 additional dwellings on the 267.21 acres of the easement. The Wilson/ Slaughter acquisition includes nearly all of the watershed that drain through the core areas of the proposed Reserve, therefore ensuring maximum control and protection of long term research and education projects in the core areas. The work schedule presented represents the extent of funding 42 available for acquisition. It is anticipated that additional areas desired in addition to the minimum eligible Reserve area acquired so far will come under State protection through donations of key wetlands in the focus area and NOAA funded acquisitions. With the State's expenditure of over $1.1 million to date for acquisition and $-0- to date from NOAA, $200,000 request denied by NOAA, and $-0- expected in the near future, it is difficult to predict any additional acquisitions. Phase I Environmental Assessments are completed for any property acquired by the State. This Phase I Environmental Assessment examines the current use of the property, its history, an on-site inspection, improvements, tanks, old pipes, odors, depressions or moundst evidence of dumping, vegetation under stress, standing water, discoloration of soil or water, use of adjacent property, record of violations and any known spills or releases of chemicals or hazardous substances. If the Phase I audit reveals evidence of contamination, a Phase II Environmental Audit is ordered from an independent contractor. 43 VIII. PUBLIC ACCESS PLAN A. POLICY Public access shall be permitted on a site specific basis. The objective of regulated access is to maintain each component's integrity f or research, long term resource protection, and education while permitting traditional uses which do not conflict with reserve goals. Entering or remaining on lands under the jurisdiction of the DNERR when such lands are closed or entering or remaining within any building, structure, or facility when such building, structure or facility is closed, Ishall be prohibited without a written permit from the Reserve Manager. No structure, facility, building, or area administered by DNERR will be used for any activity other than that for which it was intended without prior written permission of the Reserve Manager. The Reserve Manager may limit or close specific public use areas, lands, waters, and facilities and/or temporarily prohibit certain activities when such action is deemed necessary for resource management, research, education and/or when it is in the best interest of health, safety, and the general welfare of the public. B. SPECIFIC COMPONENT ACCESS 1. Public visitation St. Jones Component The general public will be permitted access to outdoor facilities such as trails, boardwalks, etc., from 8 a.m. to dusk on a year round basis, except as restricted for special uses. Access to the John Dickinson Plantation exhibits, etc. will coincide with the regular operation of the mansion as determined by the Division of Historical and Cultural Affairs. General public visitation of the St. Jones Center will be from 8 a.m. to 4:30 p.m., Monday through Friday excluding holidays. All access will be for identified facilities only. Free roaming through the component is not permitted without written approval of the reserve manager. Traditional Uses The Lower St. Jones River estuary has a rich, intensive tradition of consumption of renewable natural resources. Waterfowl hunting, upland game hunting, muskrat trapping, and commercial fisheries (e.g. crab and eel potting, gill netting) all occur within the main channel of the St. Jones River, its tributaries, or throughout the contiguous wetlands. The recreational fishing pier at the State-owned St. Jones River 44 Access Area (on the south side of the River, west of Rt. 113 at Barkers Landing) is used by local citizens primarily for crabbing and fishing for white perch and catfish. A private trap-and- skeet shooting club leases several acres of upland fringe and tidal wetlands adjacent to the Rt. 113 bridge, just to the east of the bridge on the south side of the River. These and other traditional outdoor activities should be accommodated by the Reserve program. Current Public Access Controlling public access to the Reserve component should not be too difficult even though the area is along a linear corridor divided by a river. To the east of Rt. 113, extensive upland buffer zones on both sides of the St. Jones River could be created, since there are only a few property owners and the area is almost exclusively-agricultural. on the west side of Rt. 113, the north side of the river has only a few property owners, bordered by the upland sand-and-gravel pit operations. The area of the Reserve where access might be most difficult to control is on the south side of the River west of Rt. 113, where two county roads bring the public right to the River's edge for a portion of the River's frontage. Boat access to the River corridor itself is somewhat limited, with the main access being a well-used, State-owned ramp for small boats at Barkers Landing, on the south side of the River just west of Rt. 113. A small boat access from the proposed DNERR facilities center on the River's north side east of Rt. 113, via a natural tributary running from the main channel to a new backmarsh landing, has been developed. There is no public access for motorized boats to the River upstream of the Barkers Landing ramp, although Dover residents launch canoes and car-top- style boats from upstream shorelines and from a canoe ramp near Court Street in Dover. Because water depths over the sediment and oyster bars at the River's mouth may be less than a foot at low tide, access into the Lower St. Jones River from Delaware Bay is limited near low tides to only shallow-draft boats. The use of the River by commercial boats or larger recreational craft is presently limited due to lack of upstream access and downstream shoaling problems. A seven-foot deep channel from Delaware Bay to Dover was completed by the Army corps of Engineers by 1933, but subsequent dredging was abandoned because of lack of demand and no place to dump the excavated spoil. There are no current plans or designs for upstream marinas or downstream dredging. Delaware PM Area Land access to the Delaware Bay's shorefront from the DNERRI's St. Jones component will be attained via cooperative agreement with the DNREC's Division of Fish and Wildlife, utilizing a developing Greenway which crosses the Division's Ted Harvey Conservation Area (the "Logan Lane" tract), providing 45 access to almost two miles of publicly owned Delaware Bay shorefront. Potential berthing and easy access-to Delaware Bay for larger vessels exists at either Port Mahon (about 6 miles directly northeast of the proposed Education and Research Center) or Bowers Beach (about 3 miles by road directly southeast of the proposed Center). Blackbird Component The general public will be permitted access to outdoor facilities such as trails and boardwalks from 8 a.m. to dusk on a year round basis, except as restricted for other special uses. These special uses will be posted. All access will be for identified facilities only. Free roaming through the component is not permitted without written approval of the reserve manager. Traditional uses Several of the management considerations associated with the Lower St. Jones River component also apply to the Upper Blackbird Creek component. In particular, concerns with accommodation of waterfowl hunting and muskrat trapping are addressed. Current Public Access Upper Blackbird Creek has very little boat traffic, and what does occur is essentially associated with waterfowl hunting, muskrat trapping, and recreational fishing. Boat access along the entire course of Blackbird Creek is very limited, with only a few unimproved, private access points. There are no expectations of the creek's future use for commerce, both because of its very shallow depths upstream at low tide and the lack of- driving economic forces in the adjacent uplands. The creation of a downstream water access area for motorized small boats, in conjunction with a headwaters canoe launch area, are very desirable improvements to consider. 2. Group Use St. Jones Component All groups should contact the DNERR Estuarine Educator to arrange for programs, guided tours, or other use of the center or Reserve. Blackbird Component Groups not needing special program assistance may use the Blackbird component on the same basis as the general public. Groups wishing program assistance must contact the DNERR Estuarine Educator to arrange an appropriate program schedule. 46 3. Access for boat or canoe launching St. Jones and Blackbird Components Access f or canoe or kayak launch or retrieval is permitted only in designated locations and during times permitted for general public visitation. Launch or retrieval of other boats by the public is not permitted without written permission of the reserve manager. 4. Fishing, Hunting and Trapping Traditional activities of fishing, hunting and trapping will be permitted up to levels currently permitted under local and State laws (unless these uses interfere with a research or educational activity that cannot avoid a conflict with these traditional uses). 5. Other Uses Access for uses other than those listed will be permitted on a case by case basis. The reserve manager's written authorization must be received prior to initiating any of these other uses. 47 IX. ADMINISTRATIVE PLAN A. ADMINISTRATIVE AUTHORITY NERR programs are administered as a State/Federal partnership under the authority of the federal Coastal Zone Management Act (CZMA) of 1972, as amended. The Delaware NERR program will be administered by the Delaware Department of Natural Resources and Environmental Control (DNREC) , Office of the Secretary, Management and operations. At the federal level, the administrative authority is the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), Office of Ocean and Coastal Resource Management (OCRM), Sanctuaries and Reserves Division (SRD). B. STAFF ROLES 1. Administration The administrative framework for the Reserve recognizes the need for cooperation and coordination in order to achieve the objectives of the Management Plan. The administration for the Reserve ensures that the functions required to implement this plan - education and research activities, land acquisition, facilities development, resource protection - are coordinated with the necessary agencies/organizations/landowners which are presently active within the Reserve's components. Administrative responsibility for the management of the DNERR is through the Delaware DNREC for several reasons. Wetlands regulations, the Coastal Management and Delaware and Inland Bays National Estuary Programs, the Delaware Coastal Zone Act, the Beach Preservation Act, the Erosion and Stormwater Management Program, the Non Point Source and Point Source Programs, hunting and fishing regulations, and natural resource management in general are within DNREC and are the obvious reasons for this administrative lead. Some of the other activities, authorities, and programs that enhance the Reserve's values include: the Delaware State Department's Division of Historical and Cultural Affairs for the history, education and research attributes as well as their museums programs which will address the general public's interest in the Reserve; Wesley College, Delaware State College and the University of Delaware for their Education.and 'Research programs; the Kent County and New Castle County governments for their land use zoning, building codes, recreation programs and other pertinent local authorities; the USDA Soil Conservation Service for their technical services and Plant Materials Center research; the Kent, New Castle and National Conservation Districts programs; the St. Jones and Blackbird Landowners Associations; the St. Jones River Watershed Association; the Delaware Department of Agriculture; and the various environmental and cultural organizations including the Friends of Dickinson Mansion 48 and the Delaware Nature Society. Many of these groups anticipate co-locating their estuary programs to the DNERR Education and Research Center. This interaction of associated agencies, organizations and governments presents the opportunity for coordination and collaboration. However, it presents an administrative structure that requires defined duties, authorities, and responsibilities of a more disciplined nature than a program that is operated by a single entity. DNERR ADMINISTRATOR The Secretary of DNREC is the Administrator of the DNERR. The DNERR program is assigned to the Director of Management and Operations within the Office of The Secretary located at the Richardson and Robbins building within the Capital complex in the City of Dover. The DNERR Program Manager is in the Office of The Secretary and is responsible for the overall coordination and operations of the Reserve with the guidance of the Director of Management and Operations. The Program Manager will be located at the DNERR Education and Research Center at the St. Jones component which is only 6 miles from the Capital complex. The State's staff assigned to the DNERR will be responsible for the Programs of both of the Reserve components. DNERR EDUCATION AND RESEARCH CENTER The DNERR Program Manager and/or the DNERR Estuarine Educator will be responsible for the Reserve Center operations and maintenance. The Supervisor in charge of each cooperating agency located at the Reserve Center will be responsible for the management and operations of their programs and employees. VISITORS BARN The Department of State-Is Division of Historical and Cultural Affairs', Bureau of Museums and Historic Sites will be solely responsible for the operations of the Visitors Barn at the John Dickinson Mansion. AGENCY COORDINATION AND COOPERATION The development and implementation of the sections of the Management Plan requires the leadership of personnel from all the Divisions of DNREC and a Division of the Delaware Department of State. Staff roles are required in research, education and interpretation, and surveillance and enforcement. In addition, staff roles are required to establish and maintain assistance to affected and bordering landowners, to perform land acquisition and resources inventories, and to protect and restore valuable resources. The specialists required to perform these functions are important to the degree of success of the DNERR local, regional and national significance. For this reason the authoritative chain of command has been sublimated with a coordinated multi-agency approach that through mutual cooperation has resulted in a collaborative Management Plan with an administrative structure supported by a broad based foundation. 49 DNERR ADMINISTRATIVE STRUCTURE The following structure is the authoritative chain that will be followed to resolve conflicts among intra- and inter-agency policies, programs, and directions: DNREC Secretar STATE POLICY & DIRECTION DNREC Management & Overat !ons Dir ------ DNERR Advisory GENERAL COORDINATION Committee Private State Federal Kent Co organizations Agencies Agencies New Castle Co. Landowners DHCA City of Dover Associations (Headquarters) DNERR Program Manager ---- WOAA,OCRM,S&R Div. I NERRS POLICY, COORDINATION & (Senior Secureltary) DIRECTION; GRANTS; EVALUATIONS Educai Iministrator< -- ------- >Research Coordinator I I Education Coordinator Sci/Tech Adv Committee (Estuarine Educator) irlemic Citizen Aware & Research Mon ;oring Management Programs Involvement Prog. DECISION MAKERS ESTUARY USERS Vol. Coordinator %illance/ Center Volunteers/ Enforcement Operations Support groups <----- > - indicates a close working relationship between units and coordinated supervision of following functions. 50 Landowner assistance and citizen involvement is aided by the Volunteer Coordinator under the leadership of the DNERR Program Manager. This interaction with landowners is very important to the success of the DNERR in that all but 11 acres of the 4000 acres nominated were in private ownership requiring an understanding, cooperation and a willingness of the owners of key lands and waters to voluntarily participate in the program for the Reserve to be established. The acquisition of land is led by the Real Estate Office in the Division of Parks and Recreation of DNREC. This office is responsible for developing and implementing a strategy for adequate long-term state control over the ecologically key land and water areas that have been identified by the Reserve's resource protection, education, research, and facility needs. Through integrating this strategy with the other land acquisition priorities of the DNREC, the Real Estate Office will identify ownership, perform negotiations, and carry out settlement responsibilities. Resource inventories, protection plans, and restoration are the most dependent upon a well developed coordinated staffing approach. Staff assistance is required from DNREC's: Division of Parks and Recreation - Natural Heritage program, Land Preservation, Cultural Resources, and Heritage Planning; Division of Fish and Wildlife - Planning, Wildlife Research, Fisheries Research, Wetlands Research, Waterfowl Management, Wildlife Management, Finfisheries, Shellfisheries, and Enforcement; Division of Water Resources - Wetlands and Aquatic Protection, and Water Quality Management; Division of Soil and Water Conservation - Coastal Management Program, Non Point Source Program, and Conservation Districts. The Department of State's Division of Historical and Cultural Affairs' staff assistance is particularly important to the understanding of the past uses of the Reserve and the collaborative approach to the management of the DNERR. The fish and wildlife scientists are the first series of specialists that are to move into the Education and Research Center. They are the first group that will be provided the opportunity to integrate their normal estuary management functions with the enhancements of the DNERR estuarine, research, and education programs. DNERR CENTER STAFF Pre-designation (Development of Draft Mgmt. Plan/EIS) - Program Manager (85% time; 100% state funded) - Research Coordinator (20% time; 100% state funded) - Education Coordinator (20% time; 100% state funded) - Realty Specialist (20% time; 100% state funded) - Res. Prot. Specialist (20% time; 70/30 state/NOAA funded) - Cult. Cons. Program Manager (20% time; 100% state funded) - Landowner Assistant (30% time; 100% NOAA funded) 51 1st year (following plan approval) - Program Manager (100% time; 100% state funded) - Research Coordinator (30% time; 100% state funded) - Education Coordinator (30% time; 100% state funded) Estuarine Educator (100% time; 100% NOAA funded) Senior Secretary (100% time; 100% NOAA funded) Realty Specialist (20% time; 100% state funded) Res. Prot. Specialist (20% time; 70/30 state/NOAA funded) Cult. Cons. Program Manager (20% time; 100% state funded) - Volunteer Coordinator (30% time; 100% state funded) - Folklorist (30% time; 100% Interior funded) DNERR EDUCATION AND RESEARCH CENTER STAFF 2nd year through Sth year Program Manager (100% time; 100% state funded) Research Coordinator (80% time; 100% state funded) Education Coordinator (60% time; 100% state funded) Estuarine Educator (100% time; 100% state funded) Senior Secretary (100% time; 100% state funded) - Realty Specialist (20% time; 100% state funded) - Res. Prot. Specialist (20% time; 100% state funded) - Cult., Cons. Program Manager (20% time; 100% state funded) Landowner Assistant (30% time; 100% state funded) Volunteer Coordinator (30% time; 100% state funded) CMP Specialist (100% time; 100% NOAA-CMP funded) F&W Scientist 111 (30% time; 100% NOAA-CMP funded) Folklorist (100% Interior funded) Project WILD Coordinator (100% NOAA-CMP funded) Aquatic Coordinator (100% USF&W funded) 3 F&W Program Manager (100% state funded) F&W Program Manager (50/50 state/USF&W funded) 3 F&W Scientist 11 (100% state funded) 5 F&W Scientist 11 (100% USF&W funded) F&W Scientist 11 (90/10 state/USF&W funded) F&W Scientist 11 (100% NOAA-CMP funded) F&W Scientist 1 (100% NOAA-CMP funded) F&W Scientist 1 (100% USF&W funded) 2 F&W Technician.(100% USF&W funded) 2 F&W Technician (100% state funded) Boat Captain (100% state funded) Secretary (50/50 state/USF&W funded) This position and all others that follow do not have dedicated time assigned specifically to DNERR projects. Rather these positions present every day assignments that will enhance the Reserve's programs, and the Reserve and the tools that it produces will be valuable to their projects. 52 2. Research Research is the foundation of the National Estuarine Research Reserve System. Information must be collected and made available to increase understanding of the processes of estuarine ecosystems and the effects of human activity on these processes. This understanding is essential for the best management of these important ecosystems. A Research Coordinator designated from the DNREC's Division of Fish and Wildlife will be responsible for research and monitoring activities for DNERR. This staff person is currently located at the field unit in Little Creek along with the other Fish and Wildlife scientists that are to move to the DNERR Education and Research Center. Besides the responsibility of the research activities of DNERR, the Research Coordinator is responsible for coordinating many of the DNREC research activities that would relate to the goals and objectives of NERRS. This will enable the Research Coordinator the best opportunity to integrate many research agendas, maximize the use of the Reserve, and obtain multiple sources of funding for the betterment of the Middle Atlantic estuarine systems. 3. Education/In terpretation The education and interpretation functions are the highest priority of the DNERR program initiatives. An important element is the dissemination of research and monitoring results, and their management implications, to local, state, regional, and national decision makers. Teaching children and adults about the values of estuarine ecosystems and what roles they can have individually and collectively to help protect these important resources is a major undertaking of DNERR and very timely with the needs of environmental education throughout the State of Delaware. An Education Coordinator will be responsible for coordinating educational and interpretive activities for the DNERR Program. This staff person will be located at the DNREC headquarters and will operate programs from the DNERR Education and Research Center when completed. With Delaware being 95% coastal plain it is important that a State-wide Estuarine Education Program be we'll developed and integrated if not fore- fronting the State's Environmental Education efforts. It is the responsibility of the Education Coordinator, using multi-sources of funding and leading a multi-agency team, to develop the DNERR Education Program that -will be regionally representative and of national significance to estuarine management. Specifically, under the guidance of the Education Coordinator, an Estuarine Educator will take the lead in initiating the translation and transfer of scientists' research and monitoring results to resource professionals, decision makers, estuarine users, and the public. 53 4. Surveillance and Enforcement The DNERR Estuarine Educator -will provide additional surveillance to and rely on the coordinat 'ion among state, federal, and local agencies' regulations and authorities to be enforced by the applicable agency for on-site and surrounding areas at least to the extent of the Reserve's contributing watersheds. on-site DNERR staff, capital police of the Department of Administrative Services, Fish and Wildlife enforcement officers, and environmental protection officers (EP01s) will be responsible for surveillance and will enforce access and activity control according to the Management Plan for DNREC owned lands and to the extent authorized by land owners that have provided access to their properties. Current access control will continue by private landowners. The core areas will be monitored for the greatest surveillance efforts and maximum enforcement allowable under the rights DNREC will have as the owner of core areas. DNERR staff will limit activities on the buffer areas that would impact the designated core areas in order to maintain the integrity of a naturally influenced estuarine system. DNERR staff will continue to work with the Delaware Coastal Management Program (DCMP) in order to improve the effectiveness of addressing cumulative impacts of various land use activities. The DCMP's policies and supporting authorities will be important in the enforcement of the DNERR Management Plan. 5. Volunteers The operation of many of the progr ams of the Reserve will be enhanced by a well structured volunteer effort. A DNREC Volunteer Coordinator will be responsible for the recruitment and assignment of volunteers to the various needs of the Reserve. The Reserve Manager along with the Education Coordinator, Estuarine Educator, and the Research Coordinator will develop the programs, leadership, work assignments, training, equipment, and supplies that the volunteers will need to enhance the DNERR's program. Two of the more prominent roles for volunteers will be trail guides and citizen monitoring through the State's established "Streamwatch Program". C. ADVISORY COMMITTEE STRUCTURE AND RESPONSIBILITIES 1. oversight Committee The DNERR Advisory Committee is structured to represent many of the Federal, State, county and local agencies, commissions, societies and organizations that may have an interest, impact or be impacted by the development and management of the Reserve. The oversight committee will meet at least annually and more frequently as required to represent the cooperating and affected 54 groups of the DNERR. The DNERR Advisory Committee for the review of the draft Management Plan included representation from the following: - Delaware Department of Natural Resources and Environmental Control: A. Office of the Secretary B. Division of Fish and Wildlife C. Division of Parks and Recreation D. Office of Information and Education E. Wetlands Branch F. Delaware Estuary Program, Div. of Water Resources G. Division of Soil and Water Conservation - Office of the Governor, Delaware Development Office - Dept. of State, Div. of Historical and Cultural Affairs - Delaware Dept. of Agriculture - Delaware Dept. of Transportation - Department of Public Instruction - NOAA Sanctuaries and Reserves Division, NERRS Program - County Planners - Conservation Districts - Local Federal and City Agencies A. Bombay Hook National Wildlife Refuge B. U.S. Soil Conservation Service C. U.S. Army Corps of Engineers, Phila. District D. Dover Air Force Base E. City of Dover Planning Office - Academic Community A. Delaware State College B. University of Delaware C. Wesley College - Citizen Advisory Councils A. Advisory Council on Game and Fish B. Advisory Council on Tidal Finfisheries C. Advisory Council on Shellfisheries D. Natural Areas Advisory Council - Conservation/Environmental Education/Outdoors/Sportsmen organizations A. Wildlife Federation of Delaware B. Ducks Unlimited, Inc. (Delaware) C. Delaware Saltwater Sportsmen Association 55 D. Delaware Mobile Surf-Fishermen, Inc. E. Delaware Bass Federation F. Delaware Watermen's Assoc. G. Delaware State Trappers Assoc. H. Delaware Wild Lands, Inc. I. Delaware Nature Society J. Society of Natural History of Delaware K. Delmarva Ornithological Society L. Sussex Bird Club M. Delaware Audubon Society N. Delaware Sierra Club 0. Delaware River and Bay Shoreline Committee P. Delaware Nature Conservancy Q. St. Jones River Watershed Association - Historical Societies A. New Castle Historical Society B. Kent County Archaeological Society C. Friends of Dickinson Mansion D. Daughters of the American Revolution E. Archaeological Society of Delaware F. Delaware Historical Society - DNERR Landowner Associations A. St. Jones DNERR B. Blackbird DNERR - DNERR Work Groups A. DNERR Facility B. Resource Plan Work Group Members The role of the DNERR Advisory Committee is to provide assistance to the DNERR program in the decisions required to implement the Management Plan. Assistance will be especially .valuable in the operations of the Reserve's programs. The administration of the DNERR Education and Research Center has been structured to accommodate as many estuarine prog rams of the advisory and cooperating agencies and groups that would benefit from co-location or shared facility resources. 2. scientific/Technical Advisory Committee The DNERR Scientific/Technical Advisory Committee will include representatives from various State and Federal agencies, the academic and scientific communities. Committee members will provide advice on research and technical matters relevant to the achievements of the DNERR Research goals and objectives. The committee will meet on an annual basis or more frequently at the call of the Research Coordinator to review research proposals and research needs and results for the Estuarine Reserve. The Scientific/Technical Advisory Committee will include at least eight PH.D. level scientific experts. The scientific experts will be selected from the following disciplines: - Estuarine hydrographer - Chemical oceanographer 56 - Geohydrologist - Environmental microbiologist - Wildlife biologist - Fisheries biologist - Plankton ecologist - Benthic ecologist - Wetlands ecologist - Soil scientist - Archaeologist 3. Education/Interpretation Advisory Committee The Education/Interpretation Advisory Committee will be responsible for providing guidance for the implementation of a comprehensive estuarine education program, a long outstanding need in Delaware. Most of the respondents to the DNERR facility survey were very interested in the role that the Reserve program and the Education and Research Center could provide to the growing concern for estuary management. The Education/Interpretation Advisory Committee will be composed of at least eight members which will meet annually or more frequently as needed. These members will be selected from various environmental education interests in the State. These interests include: - State Office of Environmental Education - Nature education organization/center - Elementary level education - Secondary level education - College level education - Adult education - Cultural education - Applied environmental education - Habitat based education - Teacher training 4. Landowners Associations The Landowners Associations are made up of property owners within the two DNERR components. They have met during the site selection phase, resulting in the formation of the St. Jones Landowners Association and the Blackbird Landowners Association. An election was held to select officers to represent the component owners. A Landowner Assistant acted as the recording secretary at the DNERR Committee Meetings and then updated landowners about important information through correspondence and newsletters. The Assistant was the contact person within DNREC for the landowners during the planning phase and has worked through the conservation districts. In this way, the landowners stay abreast of important news concerning the DNERR program. The Associations have proven invaluable as the most effective and efficient means of communication, decision making, 57 and control from the landowners point of view, the required public involvement, and government needs to develop a Management Plan that will be supported. D. FEDERAL GOVERNXENT - NOAA REVIEW The NERRS is intended to operate as a federal/state partnership. Although the management of a reserve is a state's responsibility, NOAA cooperates with and assists the states on a periodic basis, and reviews state programs regularly. The purpose of the NOAA review is to ensure that a state is complying with federal NERR goals, approved work plans, and reserve management plans. The primary mechanisms used by NOAA to review state programs, as well as NOAA responsibilities pertaining to reviews, include the following: NOAA stafff in particular the program specialist for a state's reserve, communicates directly and regularly with state reserve staff. Communication builds a level of trust between federal and state staff, and familiarizes both NOAA and state personnel with reserve management procedures and policies. This cooperative approach is needed for a reserve to be successful. Both oral and written communication are necessary, and site visits are advisable. Another mechanism available to NOAA is its reserve funding program. NOAA provides different categories of grant funding to a reserve, and for each grant, quarterly progress reports and a final report are required. NOAA personnel carefully review the grant reports and associated communications to ensure compliance .with program policies and specific grant conditions. The site designation process is also a primary avenue through which NOAA reviews actions. A state's site nominations must be assessed and endorsed by NOAA prior to formally beginning the designation process. As part of this preliminary stage, the site selection and public participation process are evaluated by NOAA. When the DMP and DEIS have been completed they must also be approved by NOAA before the final versions of each document are written. NOAA staff have the responsibility of working with the state to select and designate national estuarine reserve sites. Pursuant to CZMA enabling legislation (Sections 312 and 315), NOAA must conduct performance evaluations of the operation and management of each reserve while federal financial assistance continues. If deficiencies in the operation or types of research conducted at a reserve are found, NOAA may withdraw financial assistance to the reserve until remedies are in place. National Estuarine Research Reserve designation can be withdrawn by NOAA when a reserve is found to be deficient and fails to correct deficiencies within a reasonable time. National Historic Preservation Act Under Section 106 of the National Historic Preservation Act of 1966, as amended, Federal agencies are required to take into 58 I account the effects of agency undertakings on historic properties, and to afford the Advisory Council on Historic Preservation (Advisory Council) a reasonable opportunity to comment on such undertakings. An undertaking is any project, activity, or program that can result in changes in the character or use of historic properties. Historic properties are any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places. Any undertaking that is under the direct or indirect jurisdiction of a Federal agency or licensed or assisted by a Federal agency is subject to the provisions of Section 106. Because NOAA is a Federal agency, any project, activity, or program affiliated in any way with the DNERR program is subject to the provisions of Section 106. The Delaware Department of Natural Resources and Environmental Control agrees to comply with all of the requirements of Section 106 of the National Historic Preservation Act, as amended, and all regulations and guidelines issued thereunder. In Delaware, Section 106 is administered by the Delaware State Historic Preservation office (DE SHPO). The DNREC Cultural Heritage Program serves as the DNERR liaison with the State Historic Preservation Office. It is anticipated that a Programmatic Agreement between the DE SHPO, the Advisory Council, and NOAA will be developed to ensure the compliance of all aspects of the DNERR program with regulations implementing Section 106. 59 X. ENVIRONMENTAL RESEARCH AND MONITORING PLAN Estuaries are important to the nation's economy and recreation, and are an integral part of the Earth's environment as a whole. Understanding and protecting this important resource has become increasingly important due to unsound land use practices and the rise of populations in coastal areas, which contribute to the degradation of estuaries. There is a need for management-oriented research to define management strategies which allow multiple land uses, but which minimize detrimental environmental and ecological impacts on estuaries. The NERRS emphasis on management-related or management- oriented research is provided in 15 CFR Part 921, Subpart F. A major priority of the Reserve is to coordinate, facilitate, and conduct management -or i ented research which will provide information useful for local, regional and national coastal management decision making. The creation of permanent fffield sites for management-oriented research is an important step toward a more comprehensive and integrated program of research, monitoring and management. The Delaware National Estuarine Research Reserve's (DNERR) two components will expand researchers' opportunities to perform long-term studies in representative ecological zones of the Delaware Estuary. The' components provide the opportunity to observe and explain basic functions of and changes in the natural systems, and apply this information to other estuarine systems along the mid-Atlantic coast. These areas will be managed in part to maintain their relatively undisturbed character to serve as controls to compare with other areas, and in part may be modified or manipulated to accommodate research needs and maximize their research utility. A. GOALS OF ENVIRONMENTAL RESEARCH AND MONITORING The goals of the Research Reserve's environmental research and monitoring program are to: * Establish and manage key (core) areas of the Reserve for long-term use as outdoor field laboratories, maintained for such purpose by the help of buffer areas. * Coordinate research projects with other research efforts in the Delaware Estuary and Delaware's Inland Bays to streamline scientific efforts, maximize efficient use of resources and funds, and avoid unnecessary duplication of efforts. * Enhance scientific understanding of estuarine ecosystem processes and functions to enable better identification of management issues and response options. * Gather and make available information needed by Reserve 60 managers and coastal decision makers for improved understanding and management of estuarine ecosystems. � To better our understanding of ecological values and processes of estuaries nationwide, by comparing the Delaware Estuary to other estuarine areas. � Identify priority natural resources, gather baseline information on them, and establish indicators of change. � Identify priority habitat management needs, gather infor- mation about how to best meet the needs,, and provide technical guidance to implement the desired actions. � Monitor the impacts* of human stresses on the estuarine environment and the effectiveness of pollution control strategies. � To better our understanding of human exploitation of the estuarine environment through time. � Identify critical habitat requirements of living natural resources. � Evaluate land use practices and management strategies in terms of their impacts and effectiveness. � Publication of research results. specific objectives to aid in achieving these goals include: � Collecting and building baseline databases for use in long-term and interdisciplinary studies, and for monitoring differences over time. and for making comparisons with other areas. � Develop an on-site library of research and reference materials for use by staff and other approved users. � Become a repository for data collected on-site and at other National Estuarine Research Reserves. � Promoting the Reserve's components in the research community as long-term field laboratories to be used by State or Federal agencies, academic institutions, and local or private environmental organizations. � To involve the public by using volunteers to achieve research and monitoring goals. � To encourage staff contributions in technical conferences and workshops. � Developing laboratory facilities, field monitoring stations, and scientific equipment and gear as necessary 61 to support the research and monitoring efforts. Seeking agreements with other research organizations or institutions to facilitate and augment research and monitoring projects. B. RESEARCH TOPICS AND PRIORITIES 1. National Research Priorities In 1991-92 NOAA decided that a more. focused system of research priorities was-needed for the most effective use of the limited OCRM funds available for research. NOAA/OCRM research funds are primarily used to support management-related research that will enhance scientific understanding of reserve environments, provide information needed by reserve managers and coastal decision-makers, and improve public awareness of estuaries and estuarine management issues. Research projects may be oriented to specific reserves; however, projects that will benefit more than one reserve in the national system will be given a higher emphasis for OCRM funds than reserve-specific projects. The OCRM ten-year primary research objective is the study of natural and anthropogen ica 1 ly- induced change in the ecology of estuarine and estuarine-like ecosystems that comprise the NERRS. All research funded through OCRM should be designed to provide information of significant value to the development and implementation of management policy governing the U.S. coastal zone for which OCRM has management and regulatory responsibilities. Five research priority categories will serve as foci for the OCRM competitive research program for two years each, over this ten-year period. The first of the OCRM re-focused two year research priorities will begin in FY93 (see Below) . Every two years, beginning in FY94, OCRM will review (and if necessary, re- evaluate) its next ten-year set of research priorities. This system will ensure a continuous decade-long research agenda which, in turn, will provide the basis for long-term research and monitoring in the NERRS program. This system will also facilitate long-term interaction with other Federal and State agencies, as well as the academic research community. OCRM NERRS Research Priorities for FY 1993-2002 FY 1993, 1994: Non-point Source Pollution - (non-focused or non- identifiable sources of pollution inputs and alterations within the watersheds). FY 1995, 1996: Habitat Restoration - (restoration of coastal habitats that have been altered by anthropogenic activities and/or inputs). 62 FY 1997, 1998: Alterations in Habitat Utilization by Coastal Biota - (exotic species, commercial species, non-commercial species) . FY 19991, 2000: Alterations in Water Circulation, Transportation and Quality - (tidal exchange, fresh water diversion, hydrological budgets, ground water intrusion, biotic species transportation). FY 2001, 2002: Anthropogenic Inputs and Activities - (focused and identifiable - i.e., dredge spoils, Hazmat, recreational uses, commercial uses) Each year's OCRM research proposals will be designated to answer the same standardized, management-oriented question. For example, in FY 1993 & 1994 the question is: "How will non-point source pollution affect estuarine ecosystems in terms of: a) functional biodiversity, b) functional ecology, c) functional health, d) eutrophication, and e) commercial fisheries." 2. Special Studies a. Environmental Resources Special environmental studies may include experimental research relating to natural resources, cultural resources, or socio-economic topics. Special studies will be approved and may be supported based on the research priorities of the NERRS Research Plan, the NERRS Monitoring Program, and site-specif ic management needs. Special studies may identify and examine relationships between human stresses and ecological effects; these studies may include historical and archaeological perspectives on these issues. Studies may include manipulative experiments appropriate to better management of estuarine systems. The environmental effects of approved manipulations should be temporary or reversible and not substantially affect adjacent core areas. What activities constitute "substantial" habitat manipulations, and what manipulations may be considered to be "temporary" or "reversible, 11 will have to be evaluated on a case-by-case basis as they are proposed, done in consideration of ecological impacts and responses and of the long-term utility of the DNERR's lands for the goals and objectives of the DNERR. Designated areas where major habitat manipulations may occur will be contained within confined sub-watersheds of the Delaware Reserve, not spread over the Reserve's areas in patchy or mosaic fashion. Experimental habitat manipulation in the designated areas requires prior approval by the State, NOAA and, where applicable, by the Reserve property owners. Of course, any habitat manipulations requiring Federal or State environmental permits must be granted such prior to implementing the perturbations. 63 b. Cultural Resources Cultural resources research within the DNERR may include prehistoric and historic archaeological excavations, historical research, and folklore and oral history studies. Paleo- environmental research, including soil studies, geomorphological studies, and pollen studies, may be conducted to provide the environmental background for these studies. Studies conducted under the auspices of the DNERR program should focus on the relationship between the estuarine environment and the human groups which have exploited and changed it through time. Providing information to meet education goals will be a priority. 3. DN ERR Research Priorities DNERR research priorities will be developed by a DNERR Scientific/Technical Advisory Committee, done in coordination with other DNERR advisory committees. These priorities may be modified based on Reserve and site-specific management needs gained from initial baseline surveys and environmental monitoring. The DNERR research priorities will reflect both NERRS National Research Priorities and more specialized regional or local needs. Examples of more generalized research topics for initial consideration are listed below: � Sediment/water column nutrient fluxes � Effectiveness of agriculture BMP's � Analysis of living resource data sets � Stock assessments of exploitable species � Sublethal responses to toxins � Hydrographic studies of circulation and mixing processes � Trophic level interactions � Ground-water flow and contamination � Impacts of specific land use practices on aquatic, wetland and riparian habitats � Remote sensing and delineation of wetland types and boundaries � Plankton community composition and dynamics � Benthic community composition and dynamics � Non-point source pollution impacts � Habitat restoration techniques � Impacts of human population growth � Environmental history of both components � Natural community classification � Plant community composition and dynamics The DNERR will identify and promote specific study Research Reserve topics of particular interest to coastal resource managers in Delaware or the middle Atlantic region. Given the environmental setting of the DNERR and Delaware's coastal resource issues and needs, the following three areas of research 64 might be emphasized by the DNERR: � Development and refinement of environmental management techniques necessary to restore, maintain or enhance high quality estuarine habitats and their living resources; * Development and assessment of management techniques necessary to limit non-point-source aquatic pollutants; � Adaptive and non-adaptive responses of biotic populations and communities to natural and human-created environmental stressors. Examples of special studies topics encompassed by the three focus areas suggested above include: � Estuarine environment impacts caused by aircraft noise at the St. Jones component. � Seaward wetlands loss and landward wetlands formation relative to sea level rise; impacts of sea level rise on primary production of wetlands emergent vegetation. � Status and dynamics of the oyster bar communities in Delaware Bay and its tributary tidal rivers. � Effectiveness of- various agricultural BMP's in reducing run-off of fertilizers, animal wastest sediments, and pesticides into estuarine waters. � Effectiveness of various urban stormwater BMP's in reducing run-off of sediments, hydrocarbons, heavy metals, dissolved nutrients, and pesticides into estuarine waters, with emphasis on the upper St. Jones River watershed. � Population dynamics and stock assessments within the Delaware Estuary of important estuarine aquatic species: weakfish, summer flounder, bluefish, striped bass, white perch, American shad, anadromous herrings, blue crab, American oyster. � Vegetation composition and waterbird use of managed impounded marshes, with emphasis on the lower St. Jones River watershed. � Temporal and spatial variability in the use of tidal creek/marsh habitats as nursery areas for finfish and crabs; effects of managed impounded marshes on fish nursery habitats, with emphasis on the lower St. Jones River watershed. � Biology, ecology and control of Phracrmites grass, with emphasis on the lower Blackbird Creek watershed. 65 � Ecological ly-sound saltmarsh mosquito control techniques, examining both the abatement efficacy and non-target effects of insecticides .(both chemical and bacterial), source reduction (e.g. open Marsh Water Management), and other control methods (e.g. introduced pathogens). � Biology and control options for tabanid biting flies and ceratopogonid gnats. � Creation or restoration of tidal ponds in dewatered marshes to enhance waterbird and aquatic habitats. � Population dynamics and occurrences of horseshoe crabs, and their trophic linkage and importance for migratory shorebirds, with emphasis on the Delaware Bay shoreline adjacent to the mouth of the St. Jones River. � Population dynamics and habitat utilization of waterbirds (waterfowl, wading birds, shorebirds). � Ecological structure and function of tidal freshwater wetlands, with emphasis on Upper Blackbird Creek. � Population dynamics and foraging ecology of muskrats. � Popu lation dynamics and foraging impacts of snow geese. *.Development of sampling and monitoring techniques to better assess water quality parameters. * Hydrology (surface and ground-water) and ecology of the Delmarva Bays (swale freshwater-nontidal wetlands) in the upper watershed of Blackbird Creek. * Causes and significance of shellfish bacterial contami- nation and finfish PCB accumulation. * Development of better environmental indicators associated with archaeological research. * Develop a better understanding of adaptation to the estuarine environment by prehistoric and early historic human populations. * Water column ecological processes in the open waters of Delaware Bay (e.g. plankton community composition and dynamics, inorganic nutrient cycling, turbidity impacts, meso- and micro-circulation effects). * Causes and significance of late summer fishkill events in tidal rivers and creeks; hypoxia/anoxia problems. * Impacts of borrow pit operations (sand and gravel mining) on estuarine wetlands and waters, with emphasis on the middle section of the St. Jones River corridor. 66 * Impacts of bridge and highway construction on tidal freshwater and brackish wetlands, with emphasis on upper Blackbird Creek. * Comparison of created and restored wetlands with natural ones. The relative ecological functions and values could be studied between the DNERR undisturbed wetlands and those created such as those resulting from the Wildcat Landfill Superfund site remediation and those restored such as the Route 113 bridge wetland restoration effort. * Impacts of vertical and lateral leaching of pollutants from abandoned landfills, with emphasis on the middle section of the St. Jones River corridor. * Eutrophication problems and corrective actions in headwater millponds, with emphasis on the upper St. Jones River watershed. * Management and recovery of rare species. * Impacts of the development of commercial fishing and hunting in the 19th century on aquatic species populations. * Impacts of cultivation beginning ca. 1670, on wetland quality. * Impacts of major environmental episodes on floral and faunal composition of estuarine settings. * Impacts of environmental change on human patterns of exploitation of estuaries. It is anticipated that the DNERR Research Program will be of most help in addressing coastal issues which need more technical information that is best obtained via scientific methodology (e.g. controlled testing of alternative hypotheses); or via descriptive survey, particularly if the issues require inventory of biotic populations or assessments of ecological systems or environmental processes. Research Values of the St. Jones Component The Lower St. Jones River estuary offers several attractive features for estuarine research, primarily because of its accessibility and the juxtapositioning of an urbanized, developed upper watershed with an agrarian, relatively undisturbed downstream component. Being adjacent to Intensively managed State Wildlife Areas offers opportunities to develop and evaluate habitat enhancement or restoration methods. It is probable that most of the habitat management manipulations would occur on the proactively-managed 67 Wildlife Areas, with much of the DNERR component serving a control function. However, carefully planned and sited habitat manipulations would still occur in the DNERR component on a limited scale for research purposes. It is anticipated that the primary habitat management research topics (on-site or off-site) would focus on the restoration and management of impounded marshes for multiple resource objectives; on mosquito abatement practices; on phragmites control; on management of waterfowl, migratory shorebirds,. and upland game species; on muskrat management and furbearer harvest; on management for endangered or rare species; and on the effects of sea-.level rise on emergent wetlands. Basic ecological studies on the structure and function of mesohaline-polyhaline emergent wetlands could be an important component of the research program. Studies on commercial fisheries for blue crabs, oysters, shad, white perch, weakfish, striped bass, and eels could be conducted in the adjacent open waters of Delaware Bay and in the lower end of the St. Jones River. Since June, 1988, a health advisory for human consumption of fish caught in the St. Jones River has been in effect because of PCB contamination in sampled fish tissues (no sediment samples taken from the St. Jones River contained PCB's above a detection limit of 40 ppb) . Since the source of this PCB is a mystery, it will be a priority to DNERR researchers. The close proximity of the Reserve component to the major oyster beds of Delaware Bay should make an ideal location for study of this important benthic community type. The primary natural oyster seed beds of Delaware Bay are 10-20 miles north of the mouth of the St. Jones River, while Delaware's leased oyster grounds lie offshore only 2-10 miles north from the River's mouth. Boat access to the open Bay could come from a state-owned dock and ramp at the mouth of the Mahon River (about 8 miles north of the Reserve), or from a state-owned ramp and commercial dock facilities at the mouth of the Murderkill River in Bowers Beach, only 1/2-mile south of the mouth of the St. Jones River. There is also a state-owned small boat ramp and parking area on the St. Jones River itself, within the Reserve boundaries about 1/4-mile west of Rt. 113 at Barkers Landing. In addition to studies of the Delaware Bay oyster beds, research on the oyster bar community within the most seaward mile of the lower St. Jones River warrants effort, since its decline and degradation mirrors what has happened to the oyster communities at the mouths of almost all tidal rivers and creeks emptying into Delaware Bay, from north of Woodland Beach south to the Broadkill River near Lewes. At present, high bacteria levels keep all of these river- or creek-mouth oysters off-limits for human consumption, and most of the beds do not have high enough densities for commercial harvesting even if consumption was permissible. An important research program for Delaware that may be housed at the Lower St. Jones River DNERR component is the assessment of the control efficacy and non-target impacts of mosquito control insecticides, either developmental or 68 operational. Such a program would involve "micro-marsh" controlled breeding habitats and hand-application of products, with the research done in conjunction with other agencies and the product manufacturers. Additionally, research projects directed at the mass culture of larvivorous fishes such as Gambusia, or studies of other mosquito control biological agents such as bacteria, fungi or nematodes, would be encouraged. Research opportunities in the lower St. Jones River basin also exist to assess the impacts of farming practices on the estuary, particularly in terms of non-point source run-off of nutrients, sediments and pesticides, going either into the headwaters of tidal tributaries or into the upper wetlands fringes. New or innovative farm management practices designed to lessen these problems could be implemented and evaluated. Because of the rich historical and cultural database already existing for the Lower St. Jones River, the component will lend itself to analyses of estuarine impacts or uses associated with many of man's past activities. With the upper end of the St. Jones River watershed heavily developed by the growing city of Dover, there are excellent opportunities along about a 5-mile segment of the River, just upstream from the Reserve's western boundary, to examine the impacts of urbanization on the estuary. Research emphasis could be given to the impacts of commercial and residential development on non-point source pollution into the headwater tributaries and upper wetlands fringes, particularly from stormwater run-off; on point-source discharge impacts from industry, consisting of a power plant and two manufacturers who do permitted discharging; on aesthetic and associated problems from trash dumping into the wetlands IF particularly of old tires and appliances; on groundwater and estuarine surface water pollution problems associated with vertical and lateral leaching from an abandoned landfill (the Wildcat Landfill, a Superfund clean-up site); on the impacts of sand-and-gravel excavation operations occurring in adjacent uplands; etc. A f ederal EPA grant to implement a non- point source sediment-and-pollution control plan for the headwater areas above Silver Lake in Dover could be of interest for DNERR monitoring. Silver Lake itself has troublesome problems with bacteria levels, nutrients, and algal blooms. There may also be an opportunity to do aquaculture research, since the sand-and-gravel excavation business has just initiated an effort to culture hybrid striped bass in some of the company's abandoned borrow pits. A major asset to the DNERR research program will be the establishment of support facilities on the Reserve component that will house the working offices and laboratories of DNREC professional technical staff. Key field-oriented staff professionals from the Divisions of Fish and Wildlife, Parks and Recreation, Soil and Water Conservation, and Water Resources may have their operational base housed in the Reserve's new support 69 facilities, and as such could easily become directly involved, for a portion of their time, in the DNERR research programs for a wide range of activities (e.g. planning, survey, monitoring, assessment, evaluation, analyses, etc.). Additionally, administrative or technical staff from the Kent Conservation District might also be interested in locating on the Reserve. The potential influx and close association of operational technical personnel with the day-to-day research activities of the Reserve should greatly strengthen the quality, quantity and applicability of the research performed by or through the DNERR program. Research Values of the Blackbird Creek The diversity of estuarine habitats found in Upper Blackbird Creek, and how they differ from those found at the Lower St. Jones River component, are major attributes for environmental researchers. Some of the least understood estuarine zones, in terms of their ecological structure and function, are brackish and tidal freshwater marshes. The interconnectiveness of upland and marine environments starts in these zones, so a better comprehension of oligohaline-limnetic systems should yield benefits to our overall understanding of estuarine ecosystems. The Upper Blackbird Creek component provides outstanding examples of these transitional habitats. other research opportunities within or near the Upper Blackbird Creek component include studies of agricultural practices in terms of their effects on estuarine biota or processes, and studies in land-use planning in terms of contending with burgeoning residential development. In the most seaward portion of the 'Reserve, and then for several miles downstream of this area, there are some of the State's most dense and extensive phragmites stands, providing substantial opportunities for basic and applied research studies of this problem species. The proximity to complexes of swaled freshwater wetlands, the Delmarva Bays, should be of interest to hydrologists, botanists and herpetologists. The Upper Blackbird component also provides opportunities for archaeological and historic research. The Blackbird drainage is north of the prehistoric range of oyster. and provide a significantly different environmental setting for human groups. Historical research for the Appoquinimink drainage, just north of the Blackbird component indicates significant impacts from cultivation- induced siltation within 20 years of first European settlement. At the present time, research support facilities at the Upper Blackbird Creek component are not being considered (although a modest e 'ducational/visitor facility might be developed). Because of the proximity to the Lower St. Jones River component's proposed facilities center (about a 35-minute drive), researchers would commute and use the Upper Blackbird 70 Creek component primarily as a f ield laboratory. Hydrographic monitoring stations might be established in the lower and upper portions , of the component's main channel, consisting of continuously-recording tide gauges to monitor water heights, continuous ly-recording instruments for salinity and temperature, and rain gauges. of course, similar hydrographic monitoring stations would be established for the Lower St. Jones River. Research support need that must be developed for Upper Blackbird Creek is an access site(s) for motorized small boats. C. DNERR POLICIES AND PROCEDURES FOR RESEARCH Research at the DNtRR will investigate the natural processes of the estuarine system and human impacts on these processes. One of the highest priorities is to coordinate, facilitate and conduct research to provide useful information for coastal management decision-making. The DNERR program makes both components available to researchers as long-term field laboratories which are especially suitable for studying estuarine problems. The DNERR program offers: � Long-term opportunity for temporal and spatial sampling in wetland, upland, and open water estuarine habitats. � Greater opportunity for use of observational and analytical techniques in protected or controlled estuarine subsystems. � The chance for long-term accumulation of comparative data at the Reserve components. Through State ownership or long-term agreements with each component's property owners, the State has the opportunity to encourage and support certain research projects in these estuarine systems. To assist new researchers at the Reserve, information packets will be available from the Reserve research coordinator. These packets will contain background information pertaining to each component and an area map, designating the reserve boundaries. New researchers will also be given a "tour" of the reserve area to gain familiarity with the research surroundings and general location. Research, monitoring and education projects will receive high priority within the reserve boundaries. Traditional uses of public areas will continue as regulated under federal, state, or local authority. Reserve. managers are responsible for carefully balancing uses of the reserve to ensure that the objectives of the reserve program are protected and sustained. 71 Research opportunities are available to any qualified scientist, faculty member, undergraduate, or graduate student affiliated with any college, university or school; non-profit, non-academic research institution (e.g. research laboratory, independent museum, professional society); private profit organization; or state, local or federal government agency. These opportunities are also available to any individual who has the resources and capabilities needed to perform the work required. Research opportunities will be available to all applicants without regard to manner of funding. Financial support may be available for research if the results are directly applicable to improved coastal zone management. Support may come through Delaware's Department of Natural Resources and Environmental Control, the NOAA Office of ocean and Coastal Resource Management, NOAA Sea Grant, the National Park Service Historic Preservation Fund, the Environmental Protection Agency, and other sources. Researchers not seeking financial support may apply to do research at any time. Researchers seeking financial support from NOAA must follow NOAA's research and monitoring time table. All research proposals are evaluated by the reserve manager and the research coordinator for consistency with DNERR goals and to ensure that the proposed research will not unduly interfere with other research or activities at the reserve. A DNERR Scientific/Technical Advisory Committee (STAC) will be formed to provide advisory input to the reserve manager and research coordinator concerning the importance, suitability, and practicality of all research proposals proposed for the DNERR. The STAC will consist of personnel from the DNERR, other State agencies and programs, Federal agencies, and academic research institutions. Projects will be selected based on their importance to coastal zone management issues, scientific/ educational merit, and technical approach. other project selection criteria include: the environmental consequences of the project; immediacy of need; and the proposed project's relationship to other available information and studies. Under the Delaware Antiquities Act, archaeological research on the Reserve must also be approved by the Director of the Division of Historical and Cultural Affairs. Each proposal will be reviewed to determine whether the project constitutes an undertaking as defined in regulations implementing section 106 of the National Historic Preservation Act of 1966, as amended. Any project that is determined to constitute. an undertaking will also be reviewed by the Delaware State Historic Preservation office under the provisions of that Act. 1. Procedures for NOAA-Funded DNERR Research Proposals which call for NOAA funding will be evaluated by NOAA using established guidelines. These guidelines are in the NERRS' yearly "Announcement of opportunities for Research Funding 72 in the National Estuarine Research Reserve System", which includes guidance for proposal preparation and submission, plus details of proposal review and evaluation, which identifies a peer review process. Proposals for NOAA-funded research to be done in association with the DNERR will also be evaluated by the DNERR Scientific/Technical Advisory Committee for advisory comments about a proposal's importance, suitability, and practicality. In order to qualify for NOAA funding, DNERR research proposals must address the given NERRS National Research Priority and fulfill the requirement of the appropriate Request for Proposals. NOAA funds are awarded on a competitive basis and proposals will be competing with other research proposals in reserves throughout the National Estuarine Reserve Research System. The DNERR research coordinator is responsible for coordinating all research and monitoring activities for the Reserve. To facilitate this, NOAA will maintain close contact with the DNERR research coordinator and will keep him or her informed of the progress of NOAA-funded researchers. NOAA will send copies of any required progress reports, the final report, and any other research information which they receive to the DNERR in a timely manner. The DNERR will keep two copies of the final report at the DNERR central repository and the research coordinator will keep- the third copy. The DNERR research coordinator will maintain regular communication with the NOAA- funded researchers themselves. He or she will aid in coordinating research activities in the reserve and, when possible, will aid in fulfilling the needs of the researchers. To achieve the NERRS goals of 1) "making available information necessary for improved understanding and management of estuarine areas" and 2) "enhancing public awareness and understanding of the estuarine environment", 15 CPR Section 921.1, NOAA-funded researchers may be requested to provide a presentation on their research findings at the Reserve facility, the DNREC Building in Dover, or other appropriate location. 2. Procedures for State-funded DNERR Research All proposals which do not target NOAA funding will be evaluated by the Scientific/Technical Advisory Committee. specific procedures will be developed, and it is envisioned that desirable features of the review process already existing for NOAA funding will be incorporated into the STAC's procedures for evaluating proposals that might be funded by State money or other non-NOAA funds. The DNERR Scientific/Technical Advisory Committee will help determine appropriate research topics and protocols. Committee members will lend expertise to specific projects and advise research programs on such matters as quality assurance. * Research proposals that focus primarily on site- specific topics and do not rely on NOAA funding.do not need to be approved by NOAA as long as they are consistent with identified DNERR research needs, but a courtesy copy of these proposals will also be sent to NOAA. Coordinated and streamlined procedures for 73 the review and approval of research proposals and permits will be established. The DNERR requires that researchers provide the research coordinator with timely progress reports, three copies of the final report, and an abstract and one copy of any journal publications resulting from any state-funded research at the Reserve. . The final report will include: an abstract; a literature review; methods; analyses; results; and a conclusion. It will include a summary of the gathered data and a list of the analyses completed. The DNERR will keep two copies of the final report at the DNERR central repository and the research coordinator will keep the third copy. In addition to a f inal report, the researcher will keep the research coordinator updated on the progress of the project by means of timely written progress reports. Records, data, reports, publications, and other relevant materials will be kept at the DNERR central repository. Research information will also be forwarded to NOAA, which will act as a central clearinghouse and the center of the information network of the NERR System. After completion of the final report, a presentation may be developed by the researcher at request of the research coordinator to provide information on the project findings. This presentation will be given at the DNERR facility or other appropriate location at a time negotiated by the research coordinator and the researcher. These presentations will help to achieve the goal of the Reserve to provide information necessary for improved understanding and management of estuarine systems to coastal decision makers and the public. 3. Procedures for DNERR Research (funded by sources other than NOAA or the State) The DNERR research coordinator will negotiate reporting and presentation requirements for research funded by sources other than NOAA or the State of Delaware with the reserve manager, the researcher and the funding source. For example, researchers who must provide progress reports to their funding agency may be asked to submit copies of those reports to the DNERR research coordinator. Similar to NOAA or State-funded research proposals, advisory input about the importance, suitability, and practicality of a research proposal for the DNERR will be solicited from the DNERR Scientific/Technical Advisory Committee. D. MONITORING PROGRAM 1. NOAA Phased-Monitoring Program In 1989, NOAA initiated a phased-monitoring program to assist reserves in developing a better understanding of their estuarine resources. Phase If Environmental Characterization, which involves 74 literature review and/or f ield research to acquire all available information on hydrology, geology, water chemistry, water quality, biological resources, cultural resources, and the problems and issues confronting the reserve environment. - Phase II, Site Profile, which involves a synthesis of information gathered in Phase I to provide an overall picture of the Reserve in terms of its resources, issues, management constraints, and research needs; - Phase III, Procedures and Requirements, wh 'ich involves identifying parameters to be measured, procedures to be used (criteria for measurements, quality control, and standard procedures where they already exist) , sampling strategy for selected parameters (spatial and temporal intervals), storage and retrieval of data (reporting, formatting and analytical requirements), manpower requirements, logistics, and cost; and - Phase IV, Implementation, which involves, first, pilot projects and upon successful evaluation, full-scale monitoring of selected parameters. The DNERR phased-monitoring program will be integrated where appropriate and beneficial with other environmental monitoring programs conducted by the State, f ederal agencies, and private organizations. The DNERR phased-monitoring program will follow NOAA guidelines for its development and implementation. The reserve research coordinator will work to incorporate the following into all monitoring programs: - hypothesis testing - relationship to management issues - quality assurance/quality control - means of determining program effectiveness - periodic review - data management and analysis - publication of data 2. Recruitment for DNERR Research Programs Recruitment of researchers is important to building the DNERR data base and to establishing the components as long-term natural field laboratories. Recruitment of researchers with an established interest and capability will be one of the functions of the research coordinator. Recruitment strategies include: * Coordination through scientific/technical advisory committees. * Participation o .f DNERR staff in research symposia, conferences and workshops. 75 � Intern programs f or graduate students or upper-class college students, funded by Federal, State or other sources. � Annual announcements of research opportunities and NOAA research funds through NOAA's Sanctuaries and Reserve Division. � Other research and monitoring funding. 3. Off-Reserve Research Projects While it is expected that much of the DNERR research will occur on the Reserve's. two components, it is also anticipated that substantial research efforts associated with the DNERR will occur outside the Reserve's boundaries. It is probable that many of the off-reserve studies will occur in close proximity to the components (e.g. in the nearby open waters of Delaware Bay, in the State Wildlife Areas along the lower St. Jones River, in the urbanized upper watershed of the St. Jones River, in the phragmites-dominated tidal wetlands of lower Blackbird Creek, in the Delmarva Bay freshwater wetlands in the upper watershed of Blackbird Creek). However, research studies supported or assisted by the DNERR may also occur somewhat distant from the components. In particular, research associated with the environmental problems of Delaware's Inland Bays (i.e. Rehoboth, Indian River, and Little Assawoman Bays) would be encouraged ,.under DNERR auspices. While the extensive Delaware Bay system is an excellent representative of a drowned river, coastal plain estuary along the mid-Atlantic Coast, having expansive fringing wetlands and subestuaries, it is not characteristic of lagoon or bar-built estuaries which are also common in the middle Atlantic region. Delaware's Inland Bays are representative of lagoon or bar-built estuaries, and research attention paid to these systems would give the DNERR an active role in examining all of the middle Atlantic region's major estuarine habitat types. The environmentally stressed nature of Delaware's Inland Bays could be compared to similar but less degraded lagoon-type estuaries further south, from Chincoteague Bay southward behind the chain of the Eastern Shore barrier islands of Virginia. Additionally, it is anticipated that cooperative wetlands studies with the University of Delaware's College of Marine Studies would involve DNERR efforts in the Great Marsh near Lewes. 4. coordination of Research Efforts A major research benefit offered by the Reserve is the potential for coordination of research efforts. The Reserve offers permanent places where various research institutions can coordinate their projects-and compare results to complement one another's work. Data will be compiled, assembled, and analyzed, and will be made available in the appropriate form, for use by other researchers, coastal managers and the public. Research coordination reduces unnecessary duplication and effectively decreases the cost of publicly-supported research. 76 a. Coordination Between DNERR Components The research coordinator will coordinate the research between the two DNERR components, with assistance from the advisory committees and NOAA. b. Coordination with the NERR System The DNERR works closely with NOAA staff, especially their research coordinator, to develop and assess National Research Priorities. NOAA is also involved with the Reserve through research funding and, proposal evaluation. The research coordinator will communicate with other estuarine research coordinators in other states, particularly mid-Atlantic states, and will work with NOAA and other research coordinators to establish a national information exchange network. Data from the DNERR contributes to the national network long-term study to monitor the status and trends of estuarine ecosystems. Data from the National Estuarine Research Reserve System makes a substantial contribution to the understanding of long-term ecological effects on estuaries and are useful in predictive trend analysis of ecological stresses. The coordinated research network aids greatly in understanding the theoretical and practical aspects of conservation and coastal resources management. C. Coordination With other Coastal/Estuarine Research Programs (rederal and State agencies, academic institutions, and private organizations) Reserve staff will also assist in the coordination at the State level of NOAA,1s federal coastal and estuarine research programs, such as the Coastal Oceans Office; the Status and Trends Program; the Coastal Zone Management Program; and the National Sea Grant Program. How this coordination will occur will depend upon future needs and guidance from NOAA. Research coordination with non-NOAA agencies, Federal or State, will be undertaken to ensure that research is not being unnecessarily replicated by the DNERR, and to see if any research is being performed on those topics that are identified as high priority by the DNERR. It will be very important to coordinate DNERR research efforts with the U.S. Environmental Protection Agency's two National Estuary Programs in Delaware (the Delaware Estuary Program and the Inland Bays Estuary Program), for both development and implementation of each program"s Comprehensive Conservation and Management Plans. Other federal agency programs with which coordination is highly desirable include the U.S. Fish and Wildlife Service's new environmental outreach program, located at Bombay Hook National Wildlife Refuge, and the Service's efforts to implement the North American Waterfowl Management Plan, achieved in part via the Private Lands 77 Initiative; the U.S. Soil Conservation Service's office in Dover, particularly f or studies of non-point. source pollution control methods; and the U.S. Geological Survey's office in Dover, particularly for hydrological studies. of surface and ground waters. Coordination of research interests might also be appropriate for some fisheries topics between DNERR and the Mid- Atlantic Fishery Management Council (headquartered in Dover) for offshore federal waters, and also with the'Atlantic State Marine Fisheries Commission for inshore state waters. It will also be critical to coordinate research interests and efforts between State agencies. Within the Delaware DNREC, all five Divisions have various interests in applied estuarine research: the Divisions of Fish and Wildlife; Soil and Water Conservation; Parks and Recreation; Water Resources; and Air and Waste Management. In particular, coordination of research between the DNERR and the Delaware Coastal Management Program should be emphasized ' and activities within the DNERR should be consistent with the DC.MP. Coordination of research will also involve other State agencies: the Department of Agriculture's Forestry Section; the Division of Historical and Cultural Affairs' Bureau of Archaeology and Historic Preservation; and the Division of Highways. The Delaware River Basin Commission, a quad-state independent agency (DE, NJ, PA, NY), also sponsors applied research in the Delaware Estuary; coordination between the DNERR and the DRBC should yield mutual benefits. of primary importance for research coordination is interaction between the DNERR and nearby academic research institutions. In particular, research efforts should be coordinated between the DNERR and the University of Delaware's College of Marine Studies, from both its Lewes and Newark facilities with special attention to interactions with the Delaware Sea Grant College Program. Other research coordination of special interest between the DNERR and the University would involve the College of Agriculture (Departments of Entomology and Applied Ecology; Agricultural Engineering; and Plant and Soil Sciences), the School of Life and Health Sciences, the College of Arts and Sciences (Dept. of Anthropology Center for Archaeological research), and the College of Urban Affairs (Center for Historic Architecture and Engineering). Research coordination between the DNERR and Delaware State College in Dover would focus on the College's Department of Agriculture and Natural Resources and the Department of Biology. Research coordination with the Cooperative Extension Services at both the University of Delaware and Delaware State College for agricultural topics would be beneficial. Interactions with Wesley College in Dover would be through their undergraduate Environmental Sciences Program. On the New Jersey side of Delaware Bay, Rutgers University operates its Shellfish Research Laboratory in Bivalve, making for probable mutual interests between the DNERR and Rutgers University. The last area necessitating DNERR research coordination is with private environmental organizations that perform either 78 independent or cooperative environmental research. Some of these organizations may also be able to provide volunteers to the DNERR to help with research projects or environmental monitoring. Examples of private organizations who perf orm. various kinds and levels of environmental research include the Delaware Nature Society (e.g. the Stream Watch Program); the Nature Conservancy, particularly f or plant and animal inventories; Ducks Unlimited, supporting studies of waterfowl populations and their habitats; the National Audubon Society and its local chapters, plus the Delmarva Ornithological society, for avian population assessments; the member organizations of the Western Hemisphere Migratory Shorebird Reserve Network; marine conservation organizations such as the Atlantic Coast Conservation Association and the American Littoral Society; the Archaeological Society of Delaware; and the Friends of John Dickinson mansion. These are but a few examples of private environmental organizations where coordination of applied research with the DNERR may be mutually beneficial. Finally, the DNERR Scienti f ic/ Technical Advisory Committee members should promote the DNERR components as research facilities, and act as liaisons between the Reserve and agencies in coordinating research and monitoring efforts. 5. Information Dissemination Information gathered in DNERR research and monitoring and the management implications of this information will be made available to decision makers and the public in understandable forms. Both NOAA and the DNERR will encourage the dissemination of research results. Methods include: - Journal articles in the peer-reviewed literature; - Presentations at professional societies; and - special symposia arranged by NOAA or reserves, often in association with other meetings such as the biennial meetings of the Estuarine Research Federation or Coastal Zone Managers. , In addition to NOAA information dissemination routes, the DNERR will utilize several other avenues of information exchange including: - Summary of research at Reserve; - Workshops, conferences and teach-ins at Reserve; - DNERR brochure, distributed with the annual call for proposals at appropriate conferences and other events; - Press releases to local media; - Articles in journals of local organizations; - Direct mailings to State and local decision makers; - Regular contact with representatives of other state and Federal agencies, local government agencies, and planning boards. 79 XI. RESOURCE PROTECTION PLAN Along with research and education, resource protection is a major component of the DNERR. Estuaries are among the most biologically productive systems on Earth. The productivity and integrity of the Research Reserve's resources must be protected in order to provide a' stable environment for research and education programs which are used to address coastal management issues. A. GOALS The goals of the Research Reserve's resource protection plan are to: � Protect significant natural estuarine sites for research education and interpretation programs. * Protect the habitats of f auna and f lora as an integral part of the natural system. � Protect the Reserve from unduly disruptive activities occurring inside and outside of its boundaries. � Protect cultural resources which contribute to an understanding of human interactions with the estuarine system. Specific objectives to aid in achieving these goals include: � Acquiring and protecting key land and water areas identified in the site selectionprocess. � Controlling access to the Reserve to minimize adverse impacts on critical natural and cultural resources. � Aiding in enforcement of permitted uses of the site. � Being knowledgeable of and involved with land use issues in the vicinities of the Reserve that could impact it. � Coordinating with neighboring property owners and local, state, and federal agencies in order to maintain a proper buffer to the Reserve's core areas. � Coordinating research and education programs to minimize adverse impacts on critical natural and cultural resources. � Providing foradequate public participation and use of the Reserve to inform and educate them as to the need to protect sensitive resources. 80 B. GENERAL POLICIES Resource protection relies on the coordinated efforts of the research and education programs and Management Plan policies. It also relies on a number of existing federal, State and local laws and regulations, plus Reserve and property owner policies, enforced by Reserve staff and property owners. It is also the responsibility of Reserve staff to be knowledgeable of and involved with land use issues in the vicinity of the components that could impact the Reserve. NERRS regulations allow for multiple uses of reserves to the degree compatible with each reserve's management plan and consistent with the mission and goals of the NERRS. The DNERR Management Plan focuses on maintaining areas as field laboratories and on developing a coordinated program of research and education. Public access is encouraged on those parts of the Reserve that are publicly owned or that have received private landowner permission, as long as it is not to the detriment of the resource or does not interfere with approved research. Public access may be restricted in key resource protection areas. Future research directed at identifying resources of concern (i.e. federal or state rare species, significant natural communities, critical cultural resources) will help delineate these protection areas as well as direct research, education programs and overall Reserve management. The Reserve manager will develop access policies and coordinate enforcement of regulations that will help maintain natural conditions and preserve cultural resources. Traditional use activities (hunting, fishing, trapping) in the DNERR may continue up to levels currently permitted under local and State laws, or under regulations in place with property owners, as long as these uses do not unduly conflict with research or educational concerns and the harvests conform to legal practices and limits. Potential conflicts can best be avoided by coordination and reasonable compromise. Care should be given to managing the impacts of traditional use activities occurring in rare species habitats or in unique biotic communities. These activities are permitted only in designated areas. All projects carried out in the Reserve for which standardized, authorized Best Management Practices have been developed will follow such BMP's to avoid degradation of the natural environment and of cultural resources. Any activity on State-owned land or private land done under cooperative agreements will adhere to a conservation plan acceptable to all cooperators. Resource protection will typically be addressed by restricting certain land use activities, for example, sand and gravel operations will not be permitted on DNREC controlled lands within the Reserve. Erosion and sediment control and stormwater management plans will be carried out to enhance water quality and quantity by limiting sediment, toxics, chemicals, and waste oil 81 runoff. The use of insecticides, herbicides, and other toxic substances when necessary will be carefully planned and their application will follow all required or appropriate procedures. Pesticides with rapid breakdown and negligible effects on the environment could be used when necessary with prior coordination with or approval of the Reserve manager. DNERR staff will encourage any activities outside of and adjacent to the Reserve to be compatible with resource protection and conservation. Activities such as development, infrastructure concerns and any land disturbing action that occurs upstream from the Reserve or any of its tributaries will be monitored. The planning of any construction or substantial site manipulation will inclu 'de a heritage inventory survey for rare species and significant natural communities and a cultural resources survey. If critical resources are identified this information will be noted in the appropriate databases and plans may be altered as necessary to minimize adverse impacts. Research proposals and education programs will undergo a review by appropriate agency, Advisory Committee or Reserve staff for their impacts on resource protection. The type and scope of project will be weighed against the need to maintain critical natural and cultural resources. Research is a key use of the Reserve and is given a high priority in the management plan. interference with research activities can disrupt the ability to achieve effective long-term management of the estuarine systems. Reserve staff will monitor research sites and will post signs identifying these sites. With the exception of samples taken for approved research and education programs, and fish and game taken from designated fishing, hunting, or trapping areas, nothing may be removed without prior approval of the Reserve manager. Plants, animals, minerals, cultural resources, or any parts of these must remain to protect the integrity of these key areas. Because the DNERR falls under a number of different and sometimes overlapping jurisdictions of local, State and federal agencies, coordination and cooperation among all authorities is essential. Some of the State and local regulations directly affecting the Reserve are described below. The Reserve staff will coordinate activities with the appropriate regulatory agencies and other resource protection efforts. A clearinghouse will be created to help the Reserve coordinate with other agencies which propose projects potentially impacting the Reserve. C. LAWS AFFECTING RESOURCE PROTECTION IN THE DNERR The following laws and regulations affect activities that may be carried out in and around the Reserve's watershed. 82 TIDAL WETLANDS Tidal wetlands in Delaware are protected by the State Wetlands Act of 1973 (7 Del. C. Chapter 66). The Act covers all "wetlands" defined as: "Those lands above the mean low water elevation including any bank, marsh, swamp, meadow, flat or other low land subject to tidal action in the State along the Delaware Bay and Delaware River, Indian River Bay, Rehoboth Bay, Little and Big Assawoman Bays, the coastal inland waterways, or along any inlet, estuary or tributary waterway or any portion thereof, including those areas which are now or in this century have been connected to tidal waters, whose surface is at or below an elevation of 2 feet above local mean high water, and upon which may grow or is capable of growing any but not necessarily all of the following plants: [list of plants] and those lands not currently used for agricultural purposes containing 400 acres or more of contiguous nontidal swamp, bog, muck or marsh exclusive of narrow stream valleys where fresh water stands most, if not all, of the time due to high water table, which contribute significantly to ground water recharge, and which would require intensive artificial drainage using equipment such as pumping stations, drain fields or ditches for the production of agricultural crops." The Department of Natural Resources and Environmental Control surveys and delineates its tidal wetlands; regulatory maps provide jurisdictional boundaries. Under a concurrent review process with the Army Corps of Engineers, the State requires a permit for any dredging, filling, or other alterations or construction, bulkheading, construction of piers, jetties, breakwaters, boat ramps, or mining, drilling or excavation in State mapped wetlands. No permit may be issued until the county or municipality having jurisdiction has first determined that the activity is lawful according to zoning procedures. Proposed activities are evaluated considering the factors of environmental impact, aesthetic effect, the number and type of supporting facilities required and the environmental impact of such facilities, the effect on neighboring land uses, State, county and municipal comprehensive plans for the development and/or conservation of their areas of jurisdiction and economic effect. Exemptions from permit requirements include mosquito control activities authorized by the Department, construction of directional aids to navigation, duck blinds, boundary stakes, wildlife nesting structures, grazing of domestic animals, haying, hunting, fishing and trapping. Projects which would require wetland permits within both the lower St. Jones River and the upper Blackbird Creek components would include any impacts to tidal wetlands for the construction of boardwalks, piers, docks or boat ramps. 83 In addition to Delaware's Wetlands Act of 1973, all jurisdictional wetlands in the Reserve are federally protected by Section 404 of the -Clean Water Act (passed in 1972 as the Federal Water Pollution Control Act Amendments, later renamed the Clean Water Act in 1977). Thus Federal Section 404 jurisdiction extends beyond just the primarily tidal wetlands protected by the State's Act, to encompass some remaining tidal wetlands at the highest reach of tide, plus all non-tidal or freshwater wetlands. However the scope of activities controlled by Section 404 is primarily limited to the discharge of dredged or fill material into wetlands (and to significant hydrological alterations that may be caused by such discharge), which cannot be done without a permit issued by the Army Corps of Engineers, with oversight provided by the U.S. Environmental protection Agency. Processing of applications for both State and Federal wetlands permits is handled simultaneously in Delaware by the Joint Permit Processing Committee. DELAWARE COASTAL ZONE ACT OF 1971 The landmark Delaware Coastal Zone Act of 1971 purpose is to control the location, extent and type of industrial development in order to better protect the natural environment of Delaware's bay and coastal areas. The law prohibits new heavy industry which is incompatible with protection of the natural environment in the designated coastal strip. The St. Jones component from U.S. Route 113 to and including the Delaware Bay are within this highly protected area. SUBAQUEOUS LANDS The purpose of the Subaqueous Lands Act, 7 Del. C., Chapter 72, is to protect against uses or changes which may impair the public interest in the use of navigable waters. "Subaqueous lands", including rivers, lakes, ponds, streams, embayments, lagoons and other navigable waterways, means "submerged lands and tidelands". By definition, the landward extent of jurisdiction in subaqueous lands is the mean high tide line, or the ordinary high water line in non-tidal waterbodies. The Act empowers the Secretary of the Department of Natural Resources and Environmental Control and the Governor (for commercial projects) to regulate the use of both public and private subaqueous lands. Permits, leases or letters of approval issued by DNREC's Wetlands and Aquatic Protection Branch are required to 'deposit material upon,, remove material from, construct, modify, repair or reconstruct or occupy any structure or facility upon subaqueous lands, as well as new and maintenance dredging projects. Regulations governing the use of subaqueous lands stipulate that no activity may be undertaken which might contribute to the pollution of public waters, adversely impact or destroy aquatic habitats or infringe upon the rights of public or private owners. Examples of activities regulated under this statute which may be proposed for the St. Jones River and upper Blackbird Creek components would include the construction of piers, utility or toad crossings, docks, boat ramps or mooring facilities. 84 DELAWARE ANTIQUITIES ACT Prehistoric and historic archaeological sites on state-owned or controlled properties in Delaware are protected by an antiquities act (Chapter 54, Title 7, Delaware Code). Under this act, only the governor or the Director of the Division of Historical and Cultural Affairs may give permission to collect artifacts or to conduct archaeological surveys or excavations on state land. Any artifacts found on state land, regardless of where or by whom, are the property of the state, and are to be deposited with the Division of Historical and Cultural Affairs for curation and display. The unauthorized collection of artifacts or excavation of sites is punishable by a $100 fine and/or a 30-day prison term. Unmarked human remains are further protected by an amendment to the antiquities act. The provisions of this act apply to burials on both public and private land. Human remains that are not the subject of an investigation by the Medical Examiner can only be excavated by professional archaeologists with the approval of the director of the Division of Historical and Cultural Affairs and a Committee on Unmarked Human Remains, if the remains are determined to be those of a Native American. If the remains are those of a member of any other ethnic group, an effort must be made to obtain permission from the next-of-kin. After excavation, the remains may be studied by a skeletal analyst for 90 days before they are reinterred. Unauthorized acquisition, excavation, or display of human remains is punishable by a fine.of not less than $1000 or more than $10,000 and/or imprisonment of up to 2 years. NATURAL AREAS PRESERVATION The 1978 Natural Areas Preservation System Act (7 Del. C. Chapter 73) established a means to set aside and protect significant natural landscapes throughout the State. These areas may be the best examples of a particular habitat, rare species locations, or geological and archaeological sites. The Office of Nature Preserves within the Department of Natural Resources and Environmental Control administers this voluntary program. Efforts are directed towards public and private landowners of natural areas to conserve and protect the resources of concern through the placement of restrictions on the property. Once a natural area has these legally recorded restrictions applied to it, then it becomes a nature preserve and is afforded the highest level of protection for conservation lands in Delaware. The entire upper Blackbird Creek component is within a state- recognized natural area, and contains land that may be attractive for voluntary designation as Nature Preserves. Activities associated with the DNERR's process will be coordinated with natural areas protection efforts. CONSERVATION EASEMENT A conservation easement as defined by Delaware law (7 Del. 85 C. Chapter 69) is a way for a landowner to voluntarily place permanent restrictions on the future use of the land, thereby protecting its natural attributes. The conservation easement is perpetual and binds all present and future owners of the land. For site acqui sit ion/ protection efforts, a conservation easement will be one of the methods used to help establish the DNERR. EROSION AND SEDIMENT CONTROL/STORKWATER MANAGEMENT On July 1, 1991 new state Erosion and Sediment Control and Stormwater Management Regulations went into effect. These regulations are aimed at significantly reducing pre- and post- construction sediment, nutrient and toxic loads to the State's waterways. Any facilities development associated with DNERR would come under these regulations. Also, any development outside of the DNERR boundary would be similarly regulated. RARE SPECIES AND NATURAL COMMUNITIES A proposed revision of the State's Endangered Species Law would provide additional protection to the many state-listed rare plants, animals and natural communities. Many activities in the DNERR, including research, would be evaluated against any adverse impacts to the listed species and communities and modified accordingly. WILDLIFE AND FISH MANAGEMENT All wildlife and fish management taking place within the DNERR will adhere to the most current hunting and fishing regulations and laws (7 Del. C.. Chapters 1-27). SURFACE WATER QUALITY STANDARDS The maintenance of water quality standards consistent with public health, protection of fish and wildlife and other aquatic life within the DNERR will be according to the most current regulations of the Delaware Environmental Protection Act Del. Code. Chapter 60. DELAWARE COASTAL MANAGEMENT PROGRAM The Delaware Coastal Management Program of 1979 as approved under the rules and regulations of the Federal Coastal Zone Management Act includes the State laws listed above as its means of providing coastal protection. The activities described in this plan are not only consistent with, but also collaborative in achieving the goals and objectives of the Delaware Coastal Management Program. LAND USE AND ZONING All applicable state and county land use and zoning restrictions will apply to the DNERR. 86 XII. ENVIRONMENTAL RESTORATION PLAN A. NERRS AND ENVIRONMENTAL RESTORATION WORK Although restoration of environmentally-degraded areas is not a primary purpose of the NERRS, 15 CFR Section 921.1(e) recognizes the need or desirability to permit restoration activities "to improve the representative character and integrity of a reserve." In order to restore degraded areas or systems, which typically have undergone some type of adverse physical or ecological alteration, manipulative techniques are usually necessary to achieve the desired changes. Restoration goals should focus on returning degraded areas to their historical environmental status prior to degradation, in terms of either the original ecological structures or their functional equivalents. B. DNERR AND ENVIRONMENTAL RESTORATION WORK The primary types of environmental degradations that have occurred in DNERR sites are in the tidal wetlands, where para 1 le 1-gr id-d itches for mosquito control have dewatered marsh surface features and lowered subsurface water tables. Additionally, a combination of other factors have caused moderate expansion of phragmites cover at the expense of previously established, more desirable vegetation types. Upland buffer areas at both reserve, sites have also been "degraded" if one considers conversions of forestlands to croplands (most of which occurred decades or centuries ago) to be degradations. However, such past agricultural conversions in upland buffers are not viewed as problems needing restoration. Restoration activities in.the reserve's tidal wetlands, which might be done to correct parallel-grid-ditch drainage effects or to eradicate phragmites encroachment, almost always involve manipulative techniques. Brief descriptions of the need for, types, extent and impacts of potential restoration practices are given in Section VI, Habitat Manipulations. As stated in Section VI, installation of Open Marsh Water Management (OMWM) systems for mosquito control often helps to compensate for structural or functional ecological degradations caused by the parallel-grid-ditches, and also helps to "restore" wetlands to a formert more pesticide-free state. Most restoration activities will be directed at restoring in some fashion the physical features and biotic community of a site, and some restoration work may be performed and evaluated as research projects. In part, this would help improve habitat and species diversity and should prevent further degradation of the resource. Any species reintroductions would be historically native to the area. Restoration projects can provide a good baseline for long-term research and education needs. Restoration needing or resulting in substantial action or impacts will require prior approval by the State, NOAA and, where applicable, by the site property owner. 87 C. OMWM AND ENVIRONMENTAL RESTORATION At this point in time, the most probable future restoration work which might be proposed for the DNERR will be installation of OMWM systems in up to 20% of the tidal wetlands in the Lower St. Jones River site. It is probable that permission for such restoration activity will be formally requested within the next 5 to 10 years. Because of the high probability of this action being proposed, it is beneficial to review in the management plan why OMWM is desirable (as an alternative to the insecticide controls which are now needed and used) ; to discuss the environmental restoration functions of OMWM; and to discuss the agency review and approval process for using OMWM. Both of the DNERR components produce pestiferous mosquitoes that require control for their off-site nuisance problems and disease-vector potential. Both of these potential problems can directly affect the quality-of-life in an area greater than 20 miles distance from the Reserve sites. The Lower St. Jones River component is of more mosquito-production concern, since it is only six miles from the. capital in downtown Dover, and its more saline habitats produce more saltmarsh mosquitoes than do the upper Blackbird Creek marshes. Saltmarsh mosquitoes will routinely fly 10-15 miles inland from their marshes of origin, and are capable of causing problems as far as 40 miles away from their breeding grounds. In order to satisfactorily contend with the mosquito problems, all ongoing mosquito control practices must continue in both Reserve components. Currently, this primarily involves the DNREC's Mosquito Control Section's surveillance of mosquito production levels, and selective application (as needed) of approved insecticides. Similar to its insecticide control efforts throughout the State, the Section will use insecticides on the Reserve in an environmentally-compatible manner. In addition to using insecticides for saltmarsh mosquito control, the Mosquito Control Section has a policy of trying to reduce statewide its insecticide use as much as possible, primarily by relying on the source reduction method of open Marsh Water Management (OMWM) wherever practical. The mosquito- breeding areas of the lower St. Jones River tidal wetlands are currently targeted for future OMWM treatment, part of the 15,000 acres (out of Delaware's total 83,000 acres of tidal marshes) of severe saltmarsh mosquito -production habitat identified in the State. The OMWM treatment effects are primarily the permanent installation or restoration of selectively-located ponds and ditches; temporary deposition of a thin layer of excavated spoil; and a long-term, substantial reduction in the need for insecticide use. A malor corollary benefit of OMWM is the opportunity to prov:Fde or restore more permanent water habitats to marshes that have been dewatered wherever parallel-grid- ditching has been extensive (e.g. the lower St. Jones River marshes). The restoration or compensatory creation of tidal ponds that do not dry-out at low tide substantially restores and 88 enhances aquatic organism and waterbird habitats in grid-ditched tidal wetlands, in addition to significantly decreasing mosquito production and insecticide use. Most of the potential OMWM work in the lower St. Jones River tidal wetlands is in salt hay patches or zones, located in narrow bands behind natural creekside levees or along the landward upper fringes of marsh. The design and installation of OMWM systems for the Lower St. Jones River component will carefully consider and accommodate the Reserve's needs and functions for research, education and resource protection. OMWM planning and implementation in the lower St. Jones River marshes will include, in addition to thorough review and approval by Reserve and NOAA personnel, the normal permit and field reviews by the member agencies of the Delaware Mosquito Control Advisory Committee (i.e. the Army Corps of Engineers; U.S. Environmental Protection Agency; U.S. Fish and Wildlife Service; National Marine Fisheries Service; the DNREC's Sections of Mosquito Control, Wildlife, and Fisheries; and the DNREC's Wetlands and Aquatic Protection Branch) . Potential OMWM impacts on cultural resources are monitored by DNREC's Cultural Heritage Program under a Memorandum of Agreement between the Army Corps of Engineers and the Delaware State Historic Preservation Office. OMWM systems would be installed in the lower St. Jones River marshes using the approved OMWM guidelines that the Mosquito Control Section follows statewide in its operations. At this point in time, the Delaware Mosquito Control Section does not believe that OMWM is needed for the upper Blackbird Creek site, given the physical characteristics of the area and the amount and types of mosquitoes produced. 89 XIII. EDUCATION/INTERPRETATION PLAN The Education and Interpretation program along with Research and Resource Protection, are the three main sections planned for the management of the Reserve components. Successful DNERR management depends on the close interrelationship between each of these facets. These programs broaden the public's understanding of the value of estuarine resources, increase citizen awareness and understanding of estuarine management, problems, and issues, advocate positive environmental practices, and interpret and disseminate useful research results to appropriate decision makers. ST. JONES COMPONENT Education Values The Lower St. Jones River estuary, centrally located in Delaware, could become the focus of state environmental/ cultural education efforts regarding estuarine systems. The Lower St. Jones River estuary is located approximately 6 miles from Dover, home of both Delaware state College and Wesley College. The Reserve would be about a one-hour drive from either the Newark main campus of the University of Delaware or from the University's Marine Studies Field Complex in Lewes. Additionally, its central location in the State would provide access to varied estuarine environments for elementary and secondary school groups, necessitating no more than a one-hour commute for almost all Delaware schools. The component includes the John Dickinson Mansion, home to one of Delaware's colonial leaders and signer of the Declaration of Independence. The site, currently owned and operated by the State Division of Historical and Cultural Affairs, is a major interpretive center offering guided tours of the home and grounds. The plantation is a major tourist attraction and is frequented by school groups from throughout the state. The site was visited by a total of 8,237 people from the period June, 1991 to June, 1992, including 82 groups. Interpretation at the site focuses on the life of John Dickinson as well as the lifestyle and culture of colonial Delaware and America. The St. Jones River served a crucial role during the Colonial period as a vital maritime link with the outside world. Town Point, site of the oldest known European settlement in Kent County, is located in the Ted Harvey Conservation Area, a state-owned property adjacent to the DNERR component. The Lower St. Jones River is especially well suited for educational purposes because of its proximity to the Delaware Bay. The adjacent Little Creek Wildlife Area offers access to 90 bayfront beaches suitable for interpretive walks, bird watching, seining and other nature-study activities. The Delaware Nature Society facility at Abbott's Mill near Milford is located approximately 15 miles south from the Lower St. Jones River. The Management Plan includes the construction of a major educational and research center within the St. Jones DNERR component. Similar to the advantages for research efforts, the stationing of DNREC professionals at the Reserve's facilities center could greatly strengthen the operation of the environmental education. program. The center will house nature exhibits, aquariums, interpretive displays and literature on estuarine issues, and serve as a base for field tours of the Reserve. Field access facilities such as interpretive trails, boardwalks, and observation towers will be constructed. A center will also serve to complement the existing facilities and exhibits housed at the Dickinson Plantation. The diversity of habitat, from uplands to tidal marsh and finally beach and open waters of the Delaware Bay, presents a unique outdoor classroom setting and opportunity to provide a holistic view of estuarine systems. BLACKBIRD CREEK COMPONENT Education Values The Upper Blackbird Creek, located in southern New Castle County, is an excellent representative of an inland portion of a Delaware Bay tributary. The headwaters of the creek are formed, in part, by some of the state's most valuable and unique freshwater wetlands. With the focus on freshwater wetlands at the state, regional and'national levels, the Upper Blackbird area provides an excellent opportunity to highlight these resources through educational and interpretive programs. The Upper Blackbird Creek could be utilized as a very convenient field trip site for many of the New Castle County school districts, as well as the Delaware Nature Society (DNS). over 65% of the State's school children are in New Castle County. DNS contracts with the New Castle County schools in providing environmental education experiences. Students often visit Ashland Nature Center, operated by DNS, for interpretive programs. However, the DNS does not offer a center focused on estuarine or marine environments. In addition, DNS coordinates numerous field trips annually to natural areas throughout the state. There may be many opportunities at the Upper Blackbird Creek component to interact with the DNS for educational programs. Stream Watch, a volunteer program which instructs citizens how to monitor and test surface water quality, is also coordinated by DNS through a grant provided by the Department of Natural Resources and Environmental Control. Major waterways 91 throughout the state have been "adopted" by Stream Watchers who report results of visual observations and tests for oxygen levels to DNREC. The Upper Blackbird, as well as the St. Jones River, could provide excellent opportunities for this type of active citizen involvement. In terms of serving higher education needs, Upper Blackbird Creek is located about equidistant between the University of Delaware's main campus in Newark and Delaware State College and Wesley College in Dover. The Upper Blackbird Creek component offers estuarine habitat types not found near the University of Delaware's Marine Studies Field Complex in Lewes. The primary education/ interpretive center for the Delaware NERR is to be located at the Lower St. Jones River component. However, a modest educational facility might be established at the Upper Blackbird Creek component for visiting school or environmental groups. Such a facility might consist of a secure, one-room building with a permanent exhibit; an open-sided pavilion with tables and benches; and restrooms. The establishment of DNERR educational/interpretive facilities, with components on the St. Jones River and Blackbird Creek, will be attractive destinations not only for Delawareans, but also for residents of nearby metropolitan centers such as Philadelphia, Baltimore, Washington, D.C. and Norfolk, all within a 150-mile radius of the DNERR. A. GOALS OF THE EDUCATION/INTERPRETATION PROGRAM Education Goal Enhance public awareness, understanding, and wise use of estuarine resources in the Middle Atlantic Region and encourage an environmental ethic among all users. Education Oblectives * Promote knowledge of the Reserve its resources, and its programs as well as knowledge oi broader coastal issues and concerns related to estuarine management and protection; * Promote awareness of the National Estuarine Research Reserve System and the values of estuarine/marine protected areas; * Provide educational and interpretive services at appropriate Reserve components directly to students, managers and visiting public; * use information on past lifeways to make members of the public more aware of the importance of estuarine ecology and to promote balanced use of estuarine resources; 92 * Promote the preservation of historic properties (including archaeological sites, buildings, and structures) through public education efforts; * Provide opportunities for teacher training, student projects, internships, and assistantships where enrollees work jointly with scientists, gain field experience, and learn about the importance of research resources; * Provide appropriate facilities which contribute to educational interpretative, volunteer, and research uses of reserve components; and * Provide an understanding and appreciation for traditional resource uses, such as fishing, hunting, trapping, and boating. Reserve components will be utilized, where appropriate, as outdoor instructional areas for educational studies in estuarine ecology. The reserve program will help foster a long-term commitment to the restoration and protection of the Delaware Bay system and its resources through education about the Bay system, the problems facing it, and the policies and programs designed to help the Bay by providing opportunities for interpretive, recreational, and leisure activities (hiking, bird watching, canoeing, etc.). These activities will be promoted at appropriate reserve sites where the natural area character of the Reserve and ongoing research will not be adversely affected. B. FRAMEWORK OF EDUCATIONAL PROGRAMS The International Conference on Environmental Education held in Belgrade (1975) and Tbilisi (1972) adopted the following goal: "To develop a citizenry that is aware of, and concerned about the total environment and its associated problems, and which has the knowledge, attitude, motivations, commitment and skills to work individually and collectively toward solutions of current problems and the prevention of new ones." We find this goal to be as valid today as when it was first written. Our role as the DNERR environmental education and interpretation program is to further this goal by being a part of a network of delivery systems in the state, nation, and world. In furthering this goal the Delaware Environmental Legacy Report (1988) indicated that there should be two major environmental education efforts in Delaware, one for developing an environmental ethic in our youth and a second for recognizing that environmental education is a continuing process and should therefore also target adults. The DNERR program will address both of these environmental education efforts. It can do this first, by recognizing that for 93 youth in kindergarten through 12th grade the effort should be to develop an awareness and attitude toward responsible environmental stewardship. Second, for adults, continuing education should occur for general public as well as for various selected groups such as the managers, professionals, decision makers, farmers, users, seniors, etc. and for support for higher learning. It should include the development of basic concepts about the environment as well as programming for specific environmental issues. This program will use the DNERR resource base and participatory involvement to help people understand the interactions and interdependencies between people and the environment. With this knowledge people will understand the consequences of their actions and become motivated to act on them. It is expected that the DNERR will provide programs which will progress from environmental awareness through environmental understanding to environmental action. To meet the goals of the education program, both the Blackbird and the St. Jones components will be available for educational activities. The St. Jones component will be the site of the DNERR Education and Research Center and therefore will provide the resources for most of the educational programs. Environmental education refers to the total environment including natural, cultural, and historical components. This program will include each of these components in its programming. The impact of humans on nature cannot be ignored and for society to solve its problems it must be addressed. one major purpose of the educational program of DNERR is to provide educational programs that will facilitate the information exchange between the DNERR researchers and the end users and decision makers. It is the role of the educator not only to take the information discovered by the researchers and make the potential users and decision makers aware of this discovery, but also to assure that they have an understanding of the interrelationships involved so that they can then properly act on the discovery. C. TYPES OF PROGRAMS. 1. Activities Both the Blackbird and St. Jones components will be able to provide a variety of educational opportunities. Activities at each component will be structured to take advantage of that component's resources. Examples of possible environmental education and interpretation programs include: Guided and self-guided tours that will emphasize natural, 94 cultural and historical features. Self -guided tours may be available for anyone including general public visitors while guided tours are usually scheduled. � Participatory, interactive, and multi-sensory educational activities. � Archaeological educational activities such as a sample archaeological excavation. These activities are designed to demonstrate the research techniques, as well as showing the continued interrelationships of people with this environment. With careful coordination with professional archaeologists, actual sites can sometimes be used however more commonly a simulated site is developed. � Tours, demonstrations, and talks on research that is being or has been conducted at the Reserve. Researchers have a direct role in the education program and should frequently be involved in conveying this material to the appropriate audiences. Educators also help present research results. � Guided tours and activities in the marsh, river, and bay portions of the estuary. These may use canoes or research and education.vessels. � Educational programs that help students understand the use of research procedures or "teach-ins" that may help educate end users or decision makers on estuarine research and systems. � Educational materials, programs, and facilities that will aid institutions of higher learning in their use of DNERR. � Internships for research and for education. The DNERR Provides an ideal site for students to intern to develop their research and research application skills. Educational interns with the DNERR Educational Program will have opportunities to work with varied age groups in numerous settings providing an excellent opportunity for professional development. � Teacher training workshops or "in-service" programs will provide teachers the opportunity to become aware of educational resources available to them as well as to continually upgrade teaching techniques. Delaware is currently considering requiring teacher training for re- certification. If adopted, this could create a significant demand for these programs. Most surrounding states in the region already have such a requirement. � Production of interpretive and educational materials such as brochures, newsletters, articles, slide-shows, videos, etc. 95 � outreach programs on estuarine systems for youth. Bus costs seem to be one of the main reasons why schools limit trips to environmental education sites. outreach-programs of taking the material to the school is often a substitute. In addition, when a school schedules a visit to the Reserve, the outreach program may develop pre-trip and post-trip visits to the school to provide a much more meaningful and complete experience. � Adult programs for DNERR research efforts and findings, resource protection, management and educators can be presented on-site and as part of the outreach program. � Educational program involvement in research efforts. This can often help both activities and will be encouraged where feasible. � Programs (as well as facilities) will be especially developed to be accessible by the handicapped whenever possible. Special consideration will be given to activity location, activity selection, etc. to provide for maximum program accessibility. � Activities emphasizing interaction with the resources such as seining, marsh sampling, bay study, marsh ecology, etc. along with related follow-up laboratory experiences. � Center exhibits to provide an aid to the educational programs. � Wayside exhibits on-site of specific resources to help explain the site, system, or the research being conducted there. 2. Exhibits The planned St. Jones component of the DNERR includes the John Dickinson Mansion & Plantation. This mansion is operated by the Delaware Division of Historical and Cultural Affairs. Due to the close proximity of the mansion to the DNERR Center and since the John Dickinson plantation historically provided a cultural link to the estuary, the mansion provides an extra opportunity for public accessibility of DNERR educational materials. The plantation is open to the public daily (except Mondays) and provides public tours of the mansion. It is planned that as a part of DNERR an outbuilding of the plantation will be expanded to include DNERR exhibits. This exhibit theme will be the cultural link between people and the estuary in the past and continue the time to present environmental concerns. Since the DNERR does not plan to emphasize general public casual visitatio n at its Center, the plantation exhibits will provide for much of this visitation. An additional benefit of this linkage is in cost savings. The plantation site is already 96 staffed duri ng normal general public visitation hours including weekends. This will free DNERR education staff for regular estuarine educational programs. It is expected that exhibits will also be housed at the Education and Research Center. These exhibits are intended to (1) continue the link developed at the plantation site and carry it to present environmental concerns and prevention of environmental problems, (2) support exhibits for the educational program e.g. teaching collections, live collections, concept development, etc. , (3) exhibits relating to research being .conducted at the DNERR components and (4) related exhibits developed by cooperating agencies. Longevity of these exhibits are expected to vary greatly with some expecting to be long term support exhibits while others may be short term or seasonal ones. Wayside exhibits are also planned for both the Blackbird and St. Jones components. These exhibits are located on the site of various resources that should be interpreted. They help viewers identify the items they are observing, understand the systems underlying the resources or may explain the research project under way for that site. These wayside exhibits are typically fiberglas embedded signs, metal photo signs, or shelters. 3. Trails Trails will continue to be constructed on both the Blackbird and St. Jones components. Trails can provide for a unique recreational experience, an area for research and educational program access, and for access to and/or between points of interest. DNERR trails will provide access to the marsh, water, research sites, educational teaching stations, vistas, etc. One trail will be constructed to provide access from the John Dickinson Plantation to the Education and Research Center. Boardwalks will be a necessary part of the trails to provide access over wet areas. A Greenway trail has been started that will combine efforts from state, county, and city governments, private properties, as well as the DNERR . This function is compatible with the overall purpose of DNERR. The specific impact on the St. Jones component is a trail paralleling the river along the buffer area adjacent to the tidal wetlands. The trail includes boardwalk sections that cross over tidal marsh areas providing access to a small water course for small boats and canoes and education stations over the marsh. Access to this trail will be from the Dickinson Mansion to the Center site, then continuing along the tidal marsh to an historical structure known as Kingston-upon- Hull on the neighboring Fish and Wildlife Logan Lane Tract. The 97 trail continues through the Wildlife area, to the 'Delaware Bay section of the Reserve. Trails will be loops whenever possible. This will reduce maintenance costs as well as provide for increased user interest. Unless specifically authorized, trails will be for pedestrian use only. No bicycle, horse, or motor vehicle use will be permitted without the written authorization of the reserve manager. 4. Individual Components a. St. Jones Component Since this component will house the Reserve Center, it will be the location for the majority of the education and interpretive programs conducted. The DNERR estuarine educator will operate from this center and will develop site specific programs and materials. Trails, boardwalks, and outdoor teaching stations will be located here and may provide extra facilities for convenient outdoor instruction. Boat docks with access for canoes as well as loading space for a research and educational vessel will also be on this component. b. Blackbird Component This area will emphasize self-guided, self-conducted tours and activities. Resources will be available for schools and other groups to utilize the facilities without the direct supervision of the DNERR education staff. Staff instructed programming will be conducted for this component to provide the appropriate contrasts for portions of an estuary with less salinity. 5. Themes The major themes for the DNERR includes reserve awareness, natural resources, estuarine systems, interactions between people and the estuary, and Reserve management. 6. coordination a. Coordination of DNERR An Education Coordinator will coordinate education programs for the DNERR. The DNERR Education Coordinator will be the Chief of Interpretive Services who operates educational and interpretive programming from five centers and in locations throughout Delaware. This position will assure coordination of the program with other educational programs, and may be located at DNREC Headquarters as well as operations from the DNERR Center. An Estuarine Educator will direct the educational efforts at 98 both the Blackbird and St. Jones components. This position will be housed at the Education and Research Center and will be directly responsible for all interpretation, education programs, special events, etc. for the Reserve. See the Administration Plan for the organizational chart for these positions. b. coordination with the NERR System Information publications will be distributed to the other NERR managers around the United States. Interpretive or Educational materials developed will also be made available upon request. Information will be provided to NOAA periodically for NERRS Status Reports. The Reserve Manager will communicate directly and frequently with NOAA for numerous purposes including education. c. coordination with other educational programs The education coordinator will coordinate the DNERR education and interpretation program with the educational programs of public and private schools, governmental agencies, private organizations, and colleges and universities in Delaware. This coordination will attempt to further the overall goals of environmental education (mentioned previously) as well as the more specific estuarine educational goals of the DNERR. There are numerous groups in the state currently involved in these estuarine education efforts. They include: --Public Schools --Private and Parochial Schools. --Department of Public Instruction (Science and Environmental Education) --Department of Agriculture (Project Learning Tree) --DNREC - various programs --Conservation Districts --Delaware Nature Society --Delaware Audubon Society --Childrenfs Beach House --Bombay Hook National Wildlife Refuge --and more Colleges and Universities that have expressed interest include: Delaware State College University of Delaware (Cooperative Extension) Wesley College 99 XIV. VOLUNTEER PLAN The Delaware Department of Natural Resources and Environmental Control (DNREC) has through its Divisions utilized volunteers in its programs for more than two decades. Recently DNREC had hired a volunteer coordinator to assist in the recruitment, placement, utilization, coordination, and recognition of volunteers. In addition the Division of Parks and Recreation has developed a volunteer corps for each of its full time interpretive and educational centers.. These volunteers assist with conducting programs, staffing centers, maintaining trails, developing exhibits, preparing brochures, and many other facets of center work. The Reserve is expected to develop a similar corps of volunteers to help with the various aspects of reserve work, assisting with research projects as well as educational volunteers. It has already included trail work, and is expected to include opening and closing the Reserve, security awareness, research efforts and so forth. It is anticipated that the Departmentfs volunteer coordinator be located in the DNERR Center. This will aid the development of the volunteer corps at the DNERR components by fostering a very close working relationship between staff and the volunteer coordinator. 100 XV. FACILITIES DEVELOPMENT PLAN Facilities enhance access and use of Reserves and provide support for education and research programs. The Department of Natural Resources and Environmental Control has a critical need for a facility to locate most of the Department's biologists. The goals and objectives of'the DNERR program compliment the Fish and Wildlife scientists needs to better manage estuaries and the activities on adjacent lands that impact them. A. CURRENT FACILITIES The most important facility that currently exists is the John Dickinson Mansion and outbuildings including a Visitors Barn located within the St. Jones River component. The facility is operated by the Bureau of Museums and Historic Sites and focuses on the historical and cultural aspects of the John Dickinson Plantation which boundaries nearly coincide with the DNERR St. Jones boundaries. The only other facilities that currently exist within the Reserve's boundaries are 1300 feet of boardwalk, education stations, and boat dock on the north side of the St. Jones River and a boat ramp, f ishing pier and parking lot on the south side of the St. Jones River operated by DNREC. Other support facilities exist adjacent to the Reserve such as those located at the Logan Lane and Little Creek Fish and Wildlife areas as well as the education and research facilities and equipment located 6 miles from the Reserve at DNREC's headquarters. Some of their values are discussed in other sections, especially the Research plan. B. PLANNING AND DEVELOPMENT FOR FUTURE FACILITIES An Education and Research Center is planned to serve as the focus of the Reserve and the facility to accommodate many of the State's field experts in estuarine management. 1. Site Needs The first five years of the Management Plan will concentrate on the development of the Education and Research Center, the expansion of the John Dickinson Mansion's Visitors Barn, and associated public access needs such as trails, boardwalks, and boat access. DNERR EDUCATION AND RESEARCH CENTER A survey was sent to approximately 50 agencies, schools, environmental and cultural resource organizations. After interviewing the respondents who indicated an interest in co- locating in an estuarine education an research facility, it was determined that there is a need for a multi-purpose education and research facility of about 30,000 sq. ft. to enable the DNREC to 101 meet a variety of needs. These same needs also were outlined in the Department"s strategic plan. The facility will be located on the north side of the St. Jones river between the Dickinson Mansion and the Department"s Logan Lane Tract. The estimated cost is projected based on Kent County building costs and would include: architectural and engineering costs for an expandable structure, septic, well, interior plumbing, electric, heating and air conditioning, finished interior walls and movable floor to ceiling partitions, ceiling and floors, as well as all site access, parking, and landscaping needs. The building will be in the Mansion's historic zone which will require the portion facing the Mansion to be "historically" in context, while the rear (facing the marsh and the St. Jones River) will be glass, open and highly functional. The DNERR Center serves two key Department objectives: the need to replace the historic "Stone Tavern" with a modern efficient environmental field research and operations Laboratory; and the need to address the educational program required to develop an "environmental ethic" among all users of our fragile coastal ecosystems. The Department does not have a facility which will permit the public display of the many programs offered for coastal ,resource management. The Department's Fish and Wildlife scientists are operating out of a building in excess of 150 years old with some individuals assigned to other remote locations. In addition, a wet laboratory is necessary, particularly for fisheries scientists who operate out of a totally inadequate, poorly functional space in the Tavern. When hazardous chemicals are used, the entire building is at risk of contamination. There is no space available for educational or interpretative needs and demands of academic. institutions, public groups and organizations. The development and operation of a Delaware Estuarine Reserve Education and Research Center provides a forum for collaboration of the State's efforts in Resource Protection, Environmental Education, Applied Research, and Historical and Cultural Preservation. Multi-departmental objectives will be accomplished. The federal NERRS financial and technical assistance will link Delaware's estuarine management efforts both regionally and nationally for the achievements that shared technology will bring. The DNREC Cultural Heritage Program has conducted an archaeological survey of the facility location, and has recommended that a 19th century tenant house site be avoided. A prehistoric procurement site has also been identified and tested, but the site is entirely within the plow zone, and does not appear to be eligible for listing on the National Register of Historic Places. 102 The building will be phased with the laboratory wing and central services in Phase One with construction paid by state and federal funding. The State and federal funds will continue to be used for the Second Phase which will include the construction of the Education section and the finishing of offices, public display areas, auditorium, conference rooms, resource library, and other education and interpretation facility needs. Federal funds are authorized to cost share with State funds at a rate of 70% Federal/30% State for the construction of NERRS facilities. The DNERR Education and Research Center will accommodate many estuarine specialists who will greatly enhance the DNERR and NERRS programs. Some of these specialists that will be located full time at the Center will have job duties outside of the objectives of the DNERR. Therefore, the State will fund the Center at more than 30% of the construction cost based upon a NOAA/State allocation plan. CONSIDERATIONS FOR PHASE ONE (Initial Architect's scoping plans) DNERR Management and operations TOTAL DNERR DNREC - 7 offices 700 sqft 400 300 - Library = 1000 1000 - Storage,Halls, utility,displays, class/conf. rooms restrooms,etc 3900 3750 150 DNERR Research Fish & Wildlife Scientists (including DNERR visiting researchers) TOTAL DNERR F&W - Chemistry Lab 800 sqft 400 400 - Biology Lab 800 400 400 - 24 Offices 2000 400 1600 - Storage,halls etc = 2400 1800 600 DNERR Education TOTAL DNERR P&R - Education Lab 1000 sqft 1000 - 8 Offices = 800 300 500 - Storage,halls, etc 1000 900 100 TOTAL 14400 sqft 10350 4050 103 DNERR FACILITY NEEDS (based on DNERR survey results) 1. A. Display space_l_yes_no B. Sales area_1_yes no Occasional-Y- Permanent-Y- 2. Group space A. Conference rooms-2_yes no ; capacity-50_each " seats B. Auditorium _1_yes no ; capacity-200_seiits C. Classrooms _2_yes no ; capacity-35_each-seats D. Library _1_yes no ; size-800_sq ft E. Outdoor classroom/Lab 4_yes no F. Amphitheater -i-2qTes no ; capacity_200_seats G. Observation a. Deck -1__yes no b. Tower_l__2Yes no 3. Office space - Y_yes no number of offices 25 approximate sq ft 5000 (for 50 0f-0TE's;including swing -0qK rental off.) DNREC DM = 7 people (A,PM,EC,AQ,RC,VC,S,) Div. of F&W = 25 people Div. of P&R = 2 people Rental 12 people (NACD,Wesley,UofD Ag) Swing 4 people (DNS,SJRWA,other non-profits) 4. Laboratory space A. Educational 1 -yes_no ; _900-sq ft B. Biological -1-yes no ; _600_sq ft C. Chemical 1-yes no ; _400_sq ft D. Visiting scientists-1-yes no ; _200_sq ft 5. Storage space_1-yes no ; _2000_sq ft 6. Dormitories A. Youth___yes_X_no ; capacity B. Adults- yes_X-no ; capacity 7. outside needs A. Parking_50 spaces ;B.visitors-lbo-maximum spaces C. Loading doc__ 1_yes no 8. Location needs (within St. Jones DNERRS Site) A. Water access-Y_yes_no ; type of boat-canoe B. Wooded Y-yes_no ; C. Open-4Y_yes no D. Farmlands_Y_yes_no E. Wetlands_Y_yes no 9. other needs (This is a listing of a variety of needs that may arise - please check all that might be of interest to you. Feel free to add any others.) A. _Y_Special water purity B. -Y Climate control a. Air conditioning_Y_ 104 b. Humidity_Y_ C. Heating_Y_ C. YComputers D. Y Printers E. Y Photocopiers F. -Y-Laboratory equipment a. Balances Y b. Microscopes-y- c. Ovens Y d. Furnaces-y- e. pH meters- Y f. Other-Water analysis kits; Exhibit lighting; Tissue preparation machine; Walk-in freezer & refrig.; Weight scales 300 # cap. wf-lift G. Specialized major equipment such as : a. Carbon-nitrogen-sulfur analyzer-Y- b. Particle counter Y c. Liquid scintillaEi-on counter d. Electromagnetic current meter-Y- e. Spectrophotometer-Y- f. Fluorometer Y g. Other-Vacuum filter system; Chemical hood; Cryotome H. Small boats a. Size(length)_18 ft b. outboard size,(h.p.)_40 c. Carrying capacity(lbs.)_1800 d. Primary uses-Collection of data; I & E Tours I. Field Hydrological monitoring a. Fixed station,continuously-recording tide - gauge_Y- b. Portable water level recorder Y c. Fixed station,continuously-recording current meter Y d. Portable flow met-er-Y e. Fixed station,continuously-recording salinometer Y f. Portable salinometer,refractometer Y g. Fixed-station,continuously-recording thermometer-Y- h. Portable dissolved oxygen meter-Y- i. Portable pH meter -Y j. Secchi disks Y k. Water collecfi-on bottles(Niskin,Kemmerer)-Y- 1. BOD sampler_Y_ m. Other-Fixed station continuously recording dissolved oxygen meter 105 J. Field collection gear ai Fish seines Y b. Fyke nets,hoop nets-Y- c. Otter trawls Y d. Benthic grabs,corers,dredges Y e. Benthic sieves,strainers-Y- f. Plankton nets Y g. Other-Cannon or rocket nets; Radio telemetry equipment_ K. Weather station Y L. Boat docking facilities-Y_;a.dry_Y_b.wet-Y-c. ramps_Y- d.piers_y_ M. Aquariums - Y- a.salt-Y b.fresh Y N. Plant & animal collec:Eions-Y- 0. Trails Y P. Shelters-Y Q. Observation blinds Y R. Information kiosks Y S. Recreational equipment-Y- T. Canoes Y U. Ranger residence - Y V. Food service-Y- W. Kitchen Y X. Boats Y Y. Vehicfe-s ATV's Z. Tractors-Lawn -mower-Snow-removal- AA. Heavy equipment AB. Fuel storage_Y - AC. Equipment storage_Y_ AD. Security_Y_;personnel-Y-equipment-Y- AE. Other 10. Comments Summary needs of the DNERR Education & Research Center: 22500 sq ft (Common space = halls - 2000; display-1000; sales - 200; auditorium/ conf / classrms - 8000; restrms - 400; lobby - 1000; = 14600 sq ft + 9900 sq ft, individual needs = offices - 5000; library - 800; ed lab - 900; bio lab - 600; chem lab-400; visitors lab 200; storage - 2000). Note: These figures have been modified by an architect's scoping of the Center. Further modifications have occured during the detail design phase. (see figures 8 - 13 for design phase plans). 106 TREETOP C. ELEVATION TRE 74A** ELEVA PROPOSED SEPTIC FIELD AREA TR ELEV 13 TREETOP 61 ELEVATION TREETOP 69,* PROPOSED WELL LOCATION ELEVATION LANDSCAPED AREA TREETOP 4b El EVATION CL 68'� 5 Orr TREE-TOP ELEVATION 80'� VISrrOR PARKJNG ko; (50 SPACES) w TREETOP ELEVATION 85'� TREETOP ELEVATION LANDSCAPED AREA TREETOP BUS PARKJNG ELEVATION (4 SPACES) 85*� TREETOP EMPLDYEE PARrJNG ELEVATION (48 SPACES) 91,� EETOP LEVATION 76'� 30'x6O'SECURED AREA TREETOP ELEVATION 81't FIGURE 8 TREETO TF EETOP TREETOP ELEVATIO E.XVATION ELEVATION 5."� 67'� DjbTzRR EducatiOu and Research Center gite Plan L TRAIL SYSTEM STORMWATER MANAGEMENT AREA PNF-KK EPLJ(:'-@AMON 4 KF-SEAKCH CENTEK ANDERS0 & BROWN FUNK ARCHITECTS - 1621 L ----------- Room' - -- - - - - - - - - . . . . . . . . . . . . . . . "T. MR. W; V0 V, .... ........ .4 V: Z ZVI a Z ..... . . . - ':'4 -4 V: tZ -j". M.7, *)Ap .. .. .. .. .. .. .. .. .... MOM z ,'Ap.: I WN-H mzm-L .m'ZiV ... . ...... "MRN'. pq. 4. FIGURE 9 PHASE I D.N.E.R.R. EDUCATION & RESEARCH CENTER Anderson Brown ifigicy Amcpas ST. JONES NECK DOVER, DELAWARE 163114-U.A. 2@ W*.Mo@ cc I"" LOUVERS FOR LAS EXHAUST METAL BURRO OBSORVATOM DICK F"Au I 'F"@ v\ n L PUSL C ENTRANCE STAFF ENTRANCE @Am WEST ELEVATION usm Room OWNER OBSERVATION TOVM CLERESTORY W01DOWS 1-1 1IN 1-11 -1- 1 1 '-i-l I i t k I I V "MAE 11 IFUtURE) I f ---- --------- ---mmillillillil, POST A TIMMER FORM WOOD axwo FROM nffcn%ED PRODUCTS EAST ELEVATION on 5 10 is 2 FIGURE 10 im m 777ir., PHASE I Brown tbgky Amo*tes D.N.E.R.R. EDUCATION & RESEARCH CENTER a I T a 9 T 0 162114. U-A. ft@ ST. JONES NECK DOVER, DELAWARE W4.60M US IFM 08SEAVATION TOWfA OVIIIIIIIINIANDS MR SM BKADWO 01SWAVATION DECK 11IMEN "INCE -:4 A., 171 PDST & TINDER POWN SMTH ELEVATION rl IYF i "m, -7, 71, LOADM WC. STAFF ENTRANCIIII NORTH ELEVATION 0 5 10 is 20 FIGURE 11 PHASE I Anderson Bro" I ligley Ano4at" U.N.E.R.R. EDUCATION & RESEARCH CENTER A 4 C N I f 1 4 T I ", , zle- 1621 N, U-16 ST. JONES NECK DOVER, DELAWARE W*gv-. DIE "Of LEGEND 1. Los" LMCEPTM OM & poom &ODUCATM LABORATORY L a 7. MY LANMIORY &ArAMUML001 AOUANA C-1 c- Is. IIL PIRO GUMSTOOLUM a w DO= 9 ------------ .......... . ------------------- 3 1 6 4 !ILL I lijbi I 3- it -------------- FIRST FLOOR PLAN FIGURE 12 @3 PHASE I B@ I lisky A@ D.N.E.R.R. EDUCATION & RESEARCH CENTER ST. JONES NECK DOVER, DELAWARE TT- LOBBY MECHAMEM LL""wou fr. BE" It EDUCATMKODUMUNT ILii-i-t Is. TOW" t TTt- @VrrrrtlT 7 ---------------- 4 t - ------------------------------ SECOND FLOOR PLAN TOWER PLAN -7 FIGURE 13 PHASE I if Fm If D.N.E.R.R. EDUCATION 8t RESEARCH CENTER B@ HigLy A"@v ST. JONES NECK DOVER. DELAWARE 1621 N. Of 190M VISITORS BARN EXPANSION The John Dickinson Mansion's Visitors Barn is planned to be expanded to include an area that will be dedicated to the Reserve. The location of the Barn is within the St. Jones component and is ideal for receiving unscheduled visitors. The State Bureau of Museums and Historic sites will present a historical and cultural use of the Reserve with an overview of the estuarine values that have been important to these uses. This will allow the focus of the Education and Research Center to receive scheduled visitors who have particular interests in estuarine management. TRAILS, BOARDWALKS AND BOAT ACCESS The trails of DNERR are the foundation of the Reserve's environmental, historical and cultural education programs. The DNERR has located within its boundaries two greenways of the State's Greenway Program and therefore eligible for funds to plan and construct trails within the Reserve. The construction of the boardwalk will be by far the most costly of the trail system, however the benefit that the public will receive will exceed the costs and stimulate a much greater appreciation of the extensive trail system that runs through the buffering areas adjacent to this highly productive and culturally rich estuary. The boardwalk design was contracted with the USDA Soil Conservation Service which also included inspection by the SCS to insure proper installation. The boardwalk was designed to meet permit requirements which now call for at least 4 feet of elevation above the marsh sediments. The boardwalk is handicapped accessible, 6 feet wide and includes 2 lower education stations for an intimate experience with the marsh. The boardwalk will also cross a small gut that includes a canoe launching area to access the waterway trails that wind their way through the estuary. Two brochures with a trail marking system will be developed to initiate the trail user to this environmental/cultural greenway. Both brochures will be available near the Logan House with the DNERR section starting from that point and proceeding to the proposed DNERR Center. When the Center is completed the trail will be reversed. 113 2. Costs Education and Research Center Construction..@ ............................... 3,518,400 Architecture/Engineering ..................... $ 260,000 surveying .................................... 9,000 Testing ...................................... 15,000 septic ....................................... 41,000 Well ......................................... 25,000 Electricity .................................. 200,000 Equipment .................................... 200,000 Telephone .................................... 25,000 Moving ....................................... 8,000 Furniture .................................... 100,000 Landscaping .................................. 20,000 Paving ....................................... 70,000 Misc ......................................... 3,000 Conditional Site Approval .................... 600 Planning ..................................... 50,000 TOTAL ........................................ $4,545,000 Visitors Barn Expansion Architecture/Engineering .....................$ 30,000 Construction ...................... 185,000 Contingency ....................... ... 45,000 Furniture .................................... 10,000 Displays ...................................... 185,000 TOTAL ........................................ $ 455,000 Trails, Boardwalks, and Boat Access PHASE I - SECTION 2: DNERR E&R CENTER TO KINGSTON-UPON-HULL UPLAND TRAIL CONSTRUCTION LENGTH = 6,500 feet 3,000 feet = field edge; 3,500 feet = wooded edge MATERIALS stone dust = $4.70/linear foot x 1500 = $ 7,000 wood chips = $1.80/linear foot x 5000 = 3,000 sign posts = $500 grass seed = $500. brochures & trail markers $ 6,000 EQUIPMENT = $1, 000 FOREMAN = $1,500 PRISON LABOR = $500 MISC.= $500 TOTAL $20,500 114 BOARDWALK TRAIL CONSTRUCTION LENGTH = 1,300 feet ENGINEERING = $6,000 INSPECTION = $4,000 CONSTRUCTION = $250,000 TOTAL $260,000 3. Environmental Assessment and Engineering Report The Education and Research Center will be located as close to the tidal wetlands of the St. Jones River as practical (there will be no wetlands disturbance and wetlands will be buffered). In order to achieve this desired location, the structure will be in or near the 100 . year f lood zone and near the ef f ects of shoreline erosion. The facility will be designed to be located on upland that is currently cleared agricultural lands with a buffer zone that will protect the effects of the projected 100 year migration of the shoreline. The structure will be elevated above the projected 100 year flood elevation. The Delaware State Historic Preservation Officer has been consulted throughout the process of developing plans for the Center because the Center will be partially visible from the John Dickinson mansion, a National Historic Landmark. An archaeological survey has been conducted to identify archaeological sites which might be impacted by the construction. Design criteria have been developed to ensure that the Center will not have an adverse visual impact on the Dickinson Mansion. The site plan has been designed to ensure that the 19th century tenant site will be avoided. The DNREC Cultural Heritage Program is in the process of developing documentation to support a finding of No Adverse Effect. The Center site location is between two runway approaches of the Dover Air Force Base. The Air Installation Compatible Use Zone (AICUZ) study prepared by the Base indicates that the preferred Center locations are not within accident potential zones nor within intolerable noise level areas. Also to be noted that the -development of the Center and the operation of the Reserve will not increase hazards to the aircrafts such as increased bird populations that could cause problems to jet engines. The temporary changes that were caused by the trails, boardwalks, and boat access were the disturbances in wetlands that resulting from the installation of the pilings for the boardwalks. The pilings were driven down to a firm foundation. The equipment traveled on mats causing damages to the vegetation, however no excavation or fill occurred leaving original marsh 115 sediments at existing elevations, allowing for moisture and nutrient availability for recovery of plant growth. The boardwalk met Dept. of the Army GP-20 permit conditions that allows light access to the disturbed areas under the boardwalk for plant needs. The need to access water and marsh levels for education and research required lower elevations of platforms than that of the rest of the boardwalk. Sizing and spacing of boards will be installed to maximize light availability to the marsh. Some plant growth may be altered in these areas. This impact to the wetlands will present an opportunity to monitor the effects. Especially valuable may be the ramped docking area that may show changes in plant growth as the boardwalk lowers in elevation. This information should prove to be valuable in supporting the current policies or providing information to improve the decision making process for these types of activities. The boardwalk may alter the travel patterns of larger mammals such as deer, however the four foot minimum elevation of the boardwalk may be sufficient to allow some travel patterns to continue or to develop. Increased public access will disturb some of the wildlife, however this may be offset by decreased hunting that has occurred in this area (hunting this close to the DNERR Center will not be permitted). Equipment required to drive the pilings used mats in order to reduce the potential for elevation changes in the marsh. traffic across the marsh were confined to the area required to install the boardwalk and kept to a minimum amount of trips. After completion of the project, the need for traffic on the marsh was reduced by use of the boardwalks. C. SCHEDULE FOR CAPITAL IMPROVEMENTS YEAR I Education and Research Center Design & Engineering ......................... $ 175,000 Trails, Boardwalks, and Boat Access Design, Engineering & Construction ........... $ 280,500 YEAR 2 Education and Research Center Site Preparation & Construction .............. $3,529,000 Visitors Barn Design & Engineering ......................... $ 30,000 116 YEAR 3 Education and Research Center Construction, Furniture & Equipment .......... $1,016,000 Visitors Barn Site Preparation & Construction, Furniture & Displays ......................... $ 425,000 D. MAINTENANCE Education and Research Center Annual Operating Costs maintenance .................................. $ 22,200 Energy ....................................... 34,200 Roads & Grounds .............................. 5,000 Custodial .................................... 29,400 TOTAL ........................................ $ 90,800 Visitors Barn Expansion Annual Operating Costs Maintenance .................................. $ 1,000 Energy ....................................... 1,500 Roads & Grounds .............................. 500 Custodial ............................... .11000 TOTAL ................................... 4,000 117 XVI. AFFECTED ENVIRONMENT LOWER ST. JONES RIVER A. ST. JONES COMPONENT PHYSICAL ENVIRONMENT 1. Climate Central Delaware has a climate with well-defined seasons. The Atlantic ocean, Delaware Bay, and Chesapeake Bay exert considerable modifying influence on the climate. Easterly winds off the Atlantic Ocean and Delaware Bay tend to raise the winter temperature and to lower the normal summer temperature. This temperate, rather humid climate is typical of most coastal areas of the Middle Atlantic States. The warmest period of the year is the last part of July, when the maximum afternoon temperature averages 89 degrees F. Temperatures of 90 degrees or higher occur on an average of 31 days a year. Extremes of 100 degrees or more can be expected I year in 4. The coldest period is the last part of January and the beginning of February, when the early morning temperature averages near 24 degrees. The average number of days when the minimum temperature is 32 degrees or lower is 90. Temperatures of 0 degrees or lower can be expected 1 year in 6. The annual precipitation averages 46 inches. The monthly distribution is fairly uniform during the year. The average seasonal snowfall (October through April) totals 16 inches,with snowfall ranging from only a trace to more than 45 inches. Drought may occur in any season, but a serious drought is most likely in summer. Thunderstorms average 30 days a year with three-fourth occurring between May and August. Tornadoes average only one a year throughout Delaware causing little damage. Hurricanes occur in Kent County about once a year, usually in the period August through October with minor damages. The prevailing winds are f rom west to northwest most of the year but are more southerly in the summer. The average annual windspeed is about 9 miles per hour, but winds of 50 miles per hour or more accompany severe thunderstorms, hurricanes, and general winter storms (northeasters). 2. Hydrology The Lower St. Jones River is tidally influenced, with a mean tidal amplitude at the river mouth of almost 5 feet. (U.S. Dept. of Commerce, 1989). Tidal amplitude is somewhat attenuated upstream in the area of Barkers Landing. River widths within the lower basin typically range from 125 to 200 feet, with channel depths of 5 to 15 feet at low tide. The expansive tidal wetlands of the lower St. Jones River basin were parallel-grid-ditched for saltmarsh mosquito control during the 1930's, and these ditches were last reexcavated in the 118 mid-19601s. This grid-ditching radically altered wetlands surface hydrology. While the grid-ditches eliminated some mosquito breeding, the basic engineering concepts of grid-ditching for pest control efficacy were not sound, and today much of the grid- ditched marsh in Delaware must be treated with aerially-applied insecticides and is scheduled for further treatment with newer, more environmentally-compatible techniques having high pest abatement efficacy (e.g. Open Marsh Water Management). Much of the standing water habitat associated with pools and pannes of the marsh surface was lost as a result of the parallel-grid- ditches (which were spaced about 150 feet apart). Today, even though the grid-ditches of the St. Jones River basin haven't been recleaned for 25 years, most of the marsh's aquatic habitat continues to be drained at low tide. Almost all tidal wetlands in Delaware have been parallel-grid-ditched, as have over 90% of the coastal wetlands from Maine to Virginia. The entire St. Jones River watershed drains an area of approximately 54,000 acres of east central Kent County. Fifty- one percent of this drainage basin is agricultural, 11 percent urban, and 38 percent classified as "other" (primarily forest/woodland). Water quality within the Lower St. Jones River is subject to periodic degradation. Depressed dissolved oxygen levels are common to this section of the river during the summer months, possibly due to natural benthic demand or influx of naturally anoxic water from adjoining wetland areas (DNREC, 1988). Base nutrient levels (nitrogen and phosphorous) are considered to be low to moderate. After the advent in 1973 of the Kent County Regional Treatment Plant on the Murderkill River near Frederica, most all discharges of treated or partially treated sewageinto the St. Jones River had ceased by the 19801s. However, PCB levels in fish flesh from the St. Jones River has prompted a human health advisory against fish consumption, in effect since 1988. Salinity levels throughout this section vary seasonally, with a typical range between 3 and 20 parts per thousand, dependent upon distance upstream from Delaware Bay and recent rainfall events. 3. Geology The St. Jones component is within the Coastal Plain Province approximately 45 miles south of the Appalachian Piedmont Fall Zone. The Piedmont-type rocks are covered by a thick wedge of unconsolidated and semiconsolidated sedimentary rocks. The oldest and most extensive of these sediments are at the base of the Potomac Formation and are about 120 million years old. It consists of color-banded clays with interbedded sands which eroded off the ancestral Appalachian Mountains. The Magothy Formation was deposited next with its very distinct white sands and black lignite suggesting a transitional environment from stream deposits to marine, much like that found in a delta. Layered on top of the Magothy are marine formations of Cretaceous through Eocene age with the Piney Point Formation being the youngest. Above this is an unconformity which represents a gap in the sedimentary record during which no sediments have been 119 preserved (Oligocene age). Later, the sea again covered most of Delaware and deposited -the Chesapeake Group (Miocene age). This group consists of interbedded silts and sands and reaches a thickness of 400 feet at the St. Jones. Many of the sandy layers contain important supplies of water for municipal and industrial use in the Dover area. The repeated advance and retreat of continental glaciers during the past one to two million years (Pleistocene age) caused drastic changes in relative sea level and the configuration of streams draining from the glaciers. The resultant Columbia Group and Formation consists of channel deposits from meltwater runoff which supplies most of the sands and gravel for construction. Sand and gravel are the most important mineral resources in Delaware with the most potential source for Kent County being in and around the St. Jones component area. 4. Topography The St. Jones watershed is a plain that slopes gently up- ward and westward from the Delaware Bay to the Chesapeake Bay watershed at a high of 72 feet creating a gradient of only 4 feet per mile over the length of the 15 mile watershed. At the reserve component the width of the watershed is only 2 miles with a maximum elevation of 20 feet causing only a slightly steeper gradual gradient. B. ST. JONES COMPONENT BIOLOGICAL ENVIRONMENT 1. Flora Much of the area adjacent to the river is vegetated by intertidal persistent emergent wetlands, typically extending 500 to 3500 feet from the river's edge. These wetlands are vegetated primarily by saltmarsh cordgrass, Spartina alterniflora, which is Zone I tidal wetlands as classified in An Atlas of Delaware's Wetlands and Estuarine Resources (Daiber it al, 1976). In the Lower St. Jones River watershed, over 90% of the tidal wetlands are Zone I habitat. Patches of Zone II wetlands, dominated by saltmeadow cordgrass (Spartina patens) and saltgrass (Distichlis spicata) which in combination form the salt hay community, are scattered throughout the higher elevations in Zone I. Big cordgrass, S. cynosuroides, and common reed, Phragmites australis, are found along creekside levees and in the backmarsh near the upland edge. Wetland areas upstream of Rt. 113 at Barkers Landing are vegetated primarily by mixed stands of S. alterniflora and S. cynosuroides. Wetland shrub species (groundselbush, Baccharis halimifolia,, and marsh elder, Iva frutescens) also occur in tidal wetland areas of higher elevation. A limited amount of palustrine forested wetlands occur at the head of the numerous tidal creek tributaries to the St. Jones River. Wetland types in the Lower St. Jones River estuary, according to the classification scheme of the USFWSIs National Wetlands Inventory, are given in Fig. 14. Some upland agricultural areas are also included within the component. 120 ""bWL f POW POWF. UP Pt N FIGURE 14 FOIA DA PO P IA-(;@@ POW. Wetlands classifications within the Lower St. Jones River DNERR Component, from the MOP USFW's National Wetlands Inventory FOIE zu, V PFOIA Dicki,wn P "0 Me"On PFOIA L FOIA PEMSOZ) PEM3A PFOJAM ElunxLh_@Q EZFMIP FOIJ O@i E SP ZEM POWFX _4 PFOIA T 0 EZEM DIA PFO A PFOIC PEM% 0 P rWKL6 EZEMI %S1 PEMW EW54tx 2 SP PFOLA 7 Eldk urmip '@\_j PEPM P FOIA '@'Powzx V POWZX EM@ FOIA DOW A P FEW* Lanai OIA P F PFOIE E10 S 92EMSP W % EZEM5.P EW54L r5s EZE IASK EWBAKLh E EZEMSM -E1U54.KLk E E71- UE SY. E2EM5Ai KIOWLK PFOV4A EZFLM FO 1/4 Ma Olia w.t., X11 Pr I(OYWL E2EMSN PZEMSPJ 7r- L E2EM5Fd E2FLM PEM A Ow PFOIA _E21,MP PFLC.. PFOIA POWFh 5C POOIE ow A U PEM5r- P 5 TS53MA L PFOIA % lt:3 PFOI JA 4 ",S@ A @Ow X- 2EMSN 113' E PEM PEIAM' SA FOIA FOIA PFOfA, EMAIM, PEM5C -owl[ EMSA Flow[ 2. Fauna The Lower St. Jones River site is the focal component of Delaware's dual-component Research Reserve. Its location adjacent to the intensively-managed Ted Harvey Conservation Area gives the area a diversity and abundance of fish and wildlife as great as any area in the State. In addition, the extension of the Reserve boundaries to include an area of nearby Delaware Bay bottom will further complement the diversity of fauna at this component. Based upon surveys conducted on the adjacent State Wildlife Area, nearly 100 species of birds may be found on the Reserve site, including ducks, geese, wading birds,- shorebirds, raptors, upland game birdsl and song birds. Particular importance is attached to black duck, mallard, gadwall, bluewinged teal, wood duck, bobwhite quail, ringnecked pheasant, American woodcock, mourning dove and recently reintroduced turkey because of their importance as game birds and their occurrence as nesting species in the wetlands and upland fringe. Avian species such as the blacknecked stilt, black tern, American avocet, and black skimmer are relative newcomers to the area, and their occurrence is believed to be closely allied to the construction of impounded tidal wetlands on the Ted Harvey Conservation Area. Many incidental or infrequent visitors have also been observed, and provide an annual attraction for many bird watchers from all over the eastern seaboard. Important raptors that have been seen on the site include osprey, peregrine falcon, Cooper's hawk,.red- tailed hawk, rough-legged hawk, Northern harrier (marsh hawk) , and great horned owl. In addition, at least 11 species of warblers and over 20 species of shorebirds frequent the site in varying numbers during migration periods. The critical nature of the Delaware Bay shoreline on the east side of the component as foraging habitat for migratory shorebirds, especially during late May and early June when the horseshoe crabs are spawning on the beaches, has led to the designation of this shoreline as part of the Western Hemisphere Migratory Shorebird Reserve Network. All mammals common to Delaware can be found in the wetlands and forest fringes of the Lower St. Jones River. The white- tailed deer, cottontail rabbit, gray squirrel, raccoon, red fox, opossum, and woodchuck are abundant game animals, while muskrat, mink, and otter are the primary furbearers taken by trappers within the Reserve and adjacent marshes. Hunting and trapping are intensively regulated on the adjacent State Wildlife Areas for public enjoyment, with such activities on the private lands within the Reserve controlled by the property owners. Habitat management within the adjacent State Wildlife Areas has demonstrated successful techniques for maintaining high game populations consistent with an optimum annual harvest. Many reptiles and amphibians occur on the component. six species of turtles, several types of snakes, frogs and toads, and salamanders have been f6und, associated with habitats that range from uplands and forested wetlands to freshwater marshes and tidal ponds. Educational and research opportunities are good for this group of fauna. 122 The Lower St. Jones River and nearby Delaware Bay bottoms serve as nursery and feeding habitats for many estuarine fish and shellfish. Important commercial and sport fish include white perch, blueback herring, summer flounder, American shad, alewives, menhaden, catfishes, eels, mullet, weakfish, bluefish, and striped bass. Forage and mosquito-predacious fishes are abundant in the main river, tidal creeks and pools, including sticklebacks, sheepshead minnow, bay anchovy, mummichog, and silversides. Both the Lower St. Jones River and adjacent Delaware Bay bottom have historically supported extensive oyster beds which have been seriously depleted in recent years. The blue crab is currently important, both commercially and as a recreational source. There is an excellent opportunity to conduct research necessary to restore or maintain shellfish resources, both at and away from this component. C. ST. JONES CULTURAL AND HISTORICAL RESOURCES The St. Jones DNERR component spans the interface between two environmental zones of importance in prehistoric settlement systems. Both the mid-drainage and coastal zones provided favorable settings for large and small settlements, and the diversity of floral and faunal species where these two zones come together provides a particularly rich resource base for hunting and gathering peoples. Sites in this area provide an opportunity to study human adaptation to a developing estuarine environment over more than 8,000 years. In the mid-drainage section of the study area, there is a medium probability of base camps and procurement sites from 'the Archaic Period (6500 B.C. to 3000 B.C.) and the Woodland II Period (A.D. 1000 to A.D. 1600). There is also a high probability for the entire range of Woodland I Period (3000 B.C. to A.D. 1000) sites. For the coastal segment, there is a medium probability of Archaic procurement sites and a high probability of Woodland I and Woodland II base camps and procurement sites. A total of 32 prehistoric archaeological sites in the upland areas fringing the marsh along the St. Jones River DNERR component have been reported in the Cultural Resource Survey maintained by the Delaware Bureau of Archaeology and Historic Preservation. In 1978, the entire area was subjected to a reconnaissance level survey conducted by the Kent County Archaeological Society (KCAS) , a chapter of the Archaeological Society of Delaware, under a survey and planning grant from the National Park Service. Professional supervision was provided by the Division of Historical and Cultural Affairs (HCA). The survey covered St. Jones Neck (on the north side of the St. Jones River) and the northern portion of Murderkill Neck (on the south side of the St. Jones River. Fieldwork for this survey included controlled surface collection by walking over cultivated fields in parallel transects about 10 meters apart. Each field containing artifacts was assigned a site number. Separate artifact concentrations in each field were defined as subareas and designated by letter. As a result of this survey, significant archaeological sites 123 on the north side of the St. Jones River were nominated to the National Register of Historic Places as part of a multiple resource nomination for St. Jones Neck. The boundaries of the St. Jones Neck Historic District have been defined to include historical archaeological sites and buildings which preserve elements of the 18th and 19th century architecture and settlement pattern (see figure 15). Architectural survey south of the St. Jones River has been completed at the reconnaissance level, but evaluation is not complete. In addition to these location/ identification surveys, the area around the Lower St. Jones River component has been included in studies which focused on the development and testing of models for prehistoric settlement. The first of these studies was conducted by the University of Delaware Center for Archaeological Research (Custer and Galasso 1983), and was designed to test non- quantitative settlement models for Delaware's Low Coastal Plain. Site data from this study were used to develop a quantitative predictive model for site location using LANDSAT -generated environmental data (Custer, Eveleigh, and Klemas 1983). This LANDSAT-generated model was then tested in a later study (Gelburd 1988). In the 1980's two studies were conducted that involved archaeological testing in the St. Jones DNERR component area. A survey of the proposed dualization of Rt. 113 between Little Heaven and Dover AFB was completed by the Delaware Department of Transportation (Cunningham 1980). Surface collections from five sites were reported and two sites were recommended for further testing. Site 7K-F-88 contained prehistoric and 17th century historic components, while site 7K-D-35 appeared to be an early Woodland I microband base camp with intact deposits below the surface. Further research was carried out by the University of Delaware Center for Archaeological Research at the Barker's Landing site (7K-D-13) in 1983. Testing and controlled surface collections revealed that the artifact assemblage came primarily from mixed plowzone/sutface contexts. The types of ceramics recovered however were diagnostic of the early Woodland I period and included Marcey Creek, Seldon Island, and Wolfe Neck wares as well as fragments of stone bowls made from steatite. These ceramics represent a time range from 2000-500 B.C. Concentrations of argillite were associated with adjacent fire- cracked rock concentrations. These features also contained steatite sherds, points and bifaces. The production of usable tool forms from argillite blanks was a major activity and may be related to the production of generalized fish processing tools (Custer 1984:10). The Barker's Landing site was located at the oligohaline boundary, or freshwater/saltwater interface, reconstructed for initial Woodland I times (Belknap and Kraft 1977, Custer 1989:223). The rich estuarine resources along the mid-drainage zone provided a highly predictable environment with a high potential for population growth. Consequently the Barker's Landing site became an important social center for the processing and redistribution of argillite in the early Woodland I exchange network. 124 Laffertys Comer 11 :@@j LM 391 34. LOWER 7' V ft's tjs 113 orner ST. JONES IT 354@ F: A ROKL 351 OOVER AIR CE SAS 353 6 @IENNWOOO 10 14@ T108 4. 55 MA R 35 A 357 A ASE 352 no HOUSING 2 113A 29 363 60 Rising Sun 62 30 jq A 364 366 365 13AY BROOKOALE M HTS. 0 2MOM 363 MAG LIA' :Ll, AM I POP. 3Z7 \-N, 369 358 13OWF-RS BEA POP. 198 106 377 V is South Bo, 343 375 OEL 4AVEIJ 1 3.. ST Lac @:. 37@ Wel@b 1 @3739 378@ 1 ., - Heaven Lexington is] Mill F1 A TU JEHU REE EILZ Ica FIGURE 15 Historical and cultural characteristics of the Lower St. Jones River DNERR Component LOWER ST. JONES SITE LOWER ST. JONES NECK HISTORIC DISTRICT 13 ADJACENT PRIVATE UPLAND A review of site locations and existing collections from Murderkill Neck on the south side of the St. Jones was conducted by the Delaware Department of Natural Resources and Environmental Control (DNREC) in 1991 in order to provide a more complete evaluation of cultural resources from both sides of the St. Jones DNERR component. This review focused on the mapping and identification of prehistoric site collections from the 1978 KCAS study. Colonial period historic collections, often from the same locations as prehistoric sites, are currently undergoing analysis by Charles Fithian, Curator of Archaeology at the Island Field Archaeological Museum and Research Center. These historic period collections indicate intense occupation beginning in the last quarter of the 17th century. The majority of the sites are multi-component micro-band base camps. Base camps included ceramics and a variety of stone tools, while procurement camps were more limited in the variety of tools and included no ceramics. At least 20 base camps and 10 procurement sites are present in the study area, while 2 site locations were based on information from local collectors with no other information available. Sites 7K-D-12 and 7K-D-13 are contiguous and represent the only macro-band base camp within the St. Jones DNERR component. Artifact concentrations and features from this site complex were scattered over a half mile wide area. No other sites are as extensive. Based on the available surface collections, no sites produced any reliable projectiles diagnostic of the Archaic time period (6500-3000 B.C.) . Site 7K-D-35 did produce an Eshback point which may be one of the earlier point styles found on St. Jones Neck. A total of 24 sites produced ceramics or projectiles points diagnostic of the Woodland I period (3000 B.C. to 1000 A.D.), while 21 sites produced artifacts diagnostic of the Woodland II period (1000 A.D. to 1600 A.D.). A total of 6 sites were undefined as to temporal period because of the limited size or absence of the collection. Because the Woodland I period spans so large a time period it is useful to separate this period by diagnostic changes that were occurring in the cultural complexes. These changes are most readily identified by differences in the methods of producing ceramics through time. The early Woodland I, or Barker's Landing complex (2000 to 500 B.C.) is identified with the use of steatite bowls or steatite tempered ceramics. Twelve sites included ceramics or stemmed points diagnostic of the early Woodland I period. This includes.7K-D-6',, 7K-D-12, 7K-D-13, 7K-D-35, 7K-D- 42, 7K-D-45, 7K-D-47, 7K-D-48, 7K-D-52, 7K-F-13, 7K-F-81 and 7K- F-97. The Barker's Landing site (7K-D-13) was a large macro-band base camp located at the oligohaline boundary c.a. 2000 B.C.. The remaining sites appear to be micro-band base camps. The Wolfe Neck (500 B.C. to 0 A.D.) and Carey (0 A.D. to 500 A.D.) complexes appear to witness a slight contraction in the number of sites occupied. A total of six sites produced Coulbourn, Wilgus or Nassawango types of ceramics attributed to the Wolfe Neck complex (7K-F-21, 7K-F-81, 7K-F-93, 7K-D-45, 7K-D- 47, and 7K-F-86). Eight sites produced Mockley ceramics 126 characteristic of the early Carey complex (7K-F-13, 7K-F-88, 7K- F-93, 7K-F-96, 7K-F-84,-7K-F-86, 7K-D-45, and 7K-D-47). Macro- band base camps for these respective complexes were relocated two and three miles further upstream as the freshwater/ saltwater interface continued to move inland. The Late Carey (500 A.D. to 1000 A.D.) complex brought a resurgence in the number of sites occupied in the Coastal Zone. A total of eleven sites produced Hell Island ceramics associated with this complex. These sites are 7K-D-6, 7K-D-47, 7K-D-48, 7K- D-58, 7K-F-13, 7K-F-21, 7K-F-81, 7K-F-88, 7K-F-86, 7K-F-93, and 7K-F-96. No macro-band base camps have been found located anywhere on the St. Jones River for this time period, or for that matter, in Kent County. Custer (1989:295) has interpreted the change in settlement patterns for the Late Carey complex as one of groups choosing fission over the social investment and controls necessary for further political evolution. Many questions remain to be resolved as to the ties and relationships between these groups. In particular, what were the critical factors that allowed expansion of social groups into the coastal zone again? The Woodland II period (1000 A.D. to 1600 A.D.) continued the same pattern of population growth in the Coastal zone that had begun during the Late Carey complex. A total of 21 sites produced triangular projectile points or ceramics identified with this period of occupation. of these sites, 16 included Townsend, Killens, or Minguanon ceramics; however twelve sites produced both the ceramics and diversity of tools associated with base camps. These were 7K-D-6, 7K-D-12, 7K-D-13, 7K-D-45, 7K-D-47, 7K-D-48, 7K-P-86, 7K-P-88, 7K-F-21, 7K-F-93, 7K-F-13 and 7K-F-96. A few small macroband base camps are located on the St. Jones River during the Woodland II period, but most of the larger sites of this time span are located further south along the rivers of the coastal zone. Settlement changes for this period included the disappearance of previous lithic exchange systems, the development of sedentary, or village lifestyles, and the appearance of agricultural food production. While these studies have served to locate and identify a large number of prehistoric and historic archaeological sites, little has been done to study these sites in detail. None the- less, it is clear that the prehistoric sites along the St. Jones River provide an opportunity to study human adaptation to a developing estuarine setting over more than 8,000 years. Ecological information preserved in datable archaeological contexts in these sites can contribute to a greater understanding of manner in which the St. Jones estuary developed. The historic period sites include the earliest settlements in Kent County (e.g. Kingston-Upon-Hull, Town Point), and offer an opportunity to study the early period of European settlement away from population centers such as New Castle and Philadelphia. The John Dickinson Plantation and Mansion, on the north side of the St. Jones River and east of Rt. 113, is within the boundaries of the DNERR. The mansion, furnished with antiques, was the childhood home of John Dickinson (1732-1808), "Penman of the American Revolution." The outbuildings and landscaping are done to 127 recreate the property as it was in the early 19th century, and as such the complex is a significant educational and tourist center. These sites also offer an opportunity to study the development of historic patterns of estuarine exploitation. D. ST. JONES ZONING AND LAND USE All zoning and land use in the Lower St. Jones River component is Agricultural-Conservation, with exception of an adjacent parcel of 306 acres which is zoned Industrial-General, owned by a sand-and-gravel excavation business, west of Rt. 113 and on the river's north side. This one exception to the Agricultural -Conservation zoning is shown by cross- 'hatching in Fig. 16. A conditional use permit for operation of a borrow pit for sand-and-gravel excavation was granted by Kent County Levy Court in January, 1990, for the upland area of the 265-acre parcel adjacent to the eastern side of the Industrial-General property. Another borrow pit application for a property west of Rt. 113 but on the south side of the river was not approved by the County in January 1991. All future requests for borrow pit operations in Kent County have been suspended from consideraton until the County formulates and implements new regulations for the siting and operation of borrow pits. The two barrow pit operations will be completely outside of the maximum boundaries identified for the St. Jones component. only the wetlands and buffering woodland edge portions of the .Indus tria 1-Genera I zoned parcels have been considered for inclusion in,the Reserve. Sand and gravel operations will not be allowed within the State controlled Reserve. Two considerations that have been addressed for the Lower St. Jones River area -are flight paths and noise levels of aircraft taking-off or landing at Dover Air Force Base. Only a very small portion of the DNERR component's buffer area is within the "Accident Potential Area" identified by the Base, and all of this area within the component is west of Rt. 113. An upland area within the Reserve boundaries east of Rt. 113 and on the north side of the river is the location for a education and research center and support facilities, and is within Noise Contours of 70 - 75 db (greater than 75 db is considered a "High Noise Zone") as identified by the Base (see Fig. 16). However, this noise level is similar to that heard by the staff and visitors of the Dickinson Mansion and current Visitors center. Measures to achieve noise level reductions of at least 35 dbs will be incorporated into the design and construction of structures where the public is received or in noise sensitive locations such as classrooms or research environments. The predominance of the Agricultural-Conservation zoning over several thousand acres of the component, with the agricultural flavor that this imparts throughout the lower St. Jones River basin, in conjunction with consideration of air traffic patterns from Dover Air Force Base in terms of facilities sitings, should be conducive to and permit operation of a NERRS program in the Lower St. Jones River estuary. 128 65 As 70 dbs 80 As 75 b -------- 80 dbs '------75 dbs F I WRE 16 Land use and zoninq within the EAsr DovER RNDRED L.ower St. Jones River DNERR Component 14410 1 70 db@ 1 21.7 Noise Contours k.4 100.0 1 NORTH 11, 13.0 1 2. MMEWILL 40.0 177.2 8.4 100,0 2S3.5 12.0 75 dbs -------- --------- .0 470.8 4. 43. 75 As - ------- -------- 70 d6s 65 As T ---- --- 9-06.4 M"OL I A 11 1,12 River 76 9 366.4 547-3 SWTfI 7.5.0 MFUERKItL HIJNDRED .55.8 LOWER SI LNES Scale in Feet 1166 0 1166 2332 3498 4664 W30 69% M2 65 Obs 1,70 dk% _C)5 b E. ST. JONES TRADITIONAL USES The Lower St. Jones River estuary has a rich, intensive tradition of consumption of renewable natural resources that must be recognized and accommodated by the DNERR program in development of the Management Plan. Waterfowl hunting, upland game hunting, muskrat trapping, and commercial fisheries (e.g. crab and eel potting, gill netting) all occur within the main channel of the St. Jones River, its tributaries, or throughout the contiguous wetlands. The recreational fishing pier at the State-owned St. Jones River Access Area (on the south side of the River, west of Rt. 113 at Barkers Landing) is used by local citizens primarily for crabbing and fishing for white perch and catfish. A private trap-and-skeet shooting club leases several acres of upland fringe and tidal wetlands adjacent to the Rt. 113 bridge, just to the east of the bridge on the south side of the River. These and other traditional outdoor activities should be accommodated by the Reserve program. UPPER BLACKBIRD CREEK A. BLACKBIRD COMPONENT PHYSICAL ENVIRONMENT 1. Climate The Blackbird Creek component has a humid, continental climate that is modified by the Ocean and Bays. The component is only 20 miles north and along the Delaware Bay coast from the St. Jones component and experiences similar climatic conditions as that described for the St. Jones. 2. Hydrology Much of the upper Blackbird Creek is tidally influenced. The mean tidal amplitude at Taylors Bridge is almost 3 feet (U.S. Dept. of Commerce, 1989). The most landward reaches of this upper segment are non-tidal. Typical creek widths within the upper creek range from 150 to 200 feet in the tidal section, to only several feet wide in the non-tidal areas nearer the headwaters. Salinities range from 0 ppt (freshwater) in the headwater areas to as high as 7 ppt at the lower end of the Reserve at Taylors Bridge (salinities at the mouth of Blackbird Creek connecting to Delaware Bay may go as high as 10 ppt) . Water depths in Upper Blackbird Creek range from over 15 feet deep in the center channel at high tide near Taylors Bridge, to less than two feet in the upstream center channel at low tide. The upper Blackbird Creek is often characterized by wide mudflats in the creek corridor at low tide. Emergent intertidal wetlands dominate the areas along the tidal section of the creek. Wetlands edges along the non-tidal section of Blackbird Creek are dominated by palustrine forested wetlands. 130 The entire Blackbird Creek watershed has a drainage area of about 20,000 acres. Fifty-one percent of the basin is considered agriculture, 1% urban, and 48% "other" land uses (mainly forested). Basic water quality within the Blackbird Creek system is considered good. Bacteria levels are, however, sometimes considered excessive, apparently due to non-point sources (DNREC, 1988). Nitrogen and phosphorous are considered to be present at low to moderate levels. The Upper Blackbird Creek is a relatively undisturbed section of a large, tidal wetlands system fringed by oak-beech- maple forest and open farmland. Waters of the Reserve vary in salinity from 0 ppt at the inland extreme to 7 ppt at the seaward end at high tide during low rainfall periods. 3. Geology The Blackbird component is within the Coastal Plain Province approximately 25 miles south of the Appalachian Piedmont fall Zone and displays essentially the same geological characteristics as that described previously for the St. Jones. 4. Topography The Upper Blackbird Creek watershed slopes gently upward and westward from the Delaware Bay to the Chesapeake Bay watershed at a high of 82 feet creating a gradient of 16 feet per mile over the length of the 5 mile watershed. At the reserve component the elevation varies from 0-to as much as 57 feet in as little as a quarter mile with gently rolling slopes for approximately 2 miles to the extent of the watershed. B. BLACKBIRD COMPONENT BIOLOGICAL ENVIRONMENT 1. Flora The wetlands vegetation of the Upper Blackbird Creek estuary is characterized by two major zones as classified in An Atlas of Delawarefs Wetlands and Estuarine Resources (Daiber e@-al, 1976). Zone I covers the easternmost seaward quarter of the component. This zone, known as the saltmarsh cordgrass marsh, is dominated by saltmarsh cordgrass (Spartina alterniflora). This stout, erect grass occurs as a tall-form near the water's edge, with a smaller dwarf-form behind it extending to the level of mean high water. Some fringes of this zone have common reed (Phragmites australis). Other associated species found at slightly higher elevations are saltmeadow cordgrass (Spartina patens), big cordgrass (Spartina cynosuroides), salt grass (Distichlis spicata), salt wort (Salicornia spp.), high tide bush (Iva frutescens), and groundsel bush (Baccharis halimifolia). Most of the lower Blackbird Creek estuary has been overrun by phragmites, forming a dense, monotypic cover over vast expanses of wetlands. This incursion has also occurred upstream into some of the more seaward portions of the Reserve component. 131 The upper landward 3/4 of the component is characterized by the highly diverse Zone V transition marsh. No single species dominates this transition zone; it is a varied mixture of species grading from the cordgrass marsh to a freshwater marsh. Species found in this zone are saltmarsh cordgrass, big cordgrass, common reed, marsh mallow (Hibiscus ipalustris) , three-squares (Scirpus spp.), cattails, (TyRha spp.), wild rice (Zizania aquatica), arrow-arum (Peltandra virainica) , pickerel weed (Pontederia cordata) , and salt-marsh water hemp (Acnida cannabina) . This area often has extensive mudflat habitats exposed within the creek corridor at low tide. The upland fringe included in the component is a mixture of shrub and tree species. Typical of this area are white oak (Quercus alba), southern red oak (Quercus falcata), post oak (Quercus stellata) , loblolly pine (Pinus taeda) , red maple (Acer rubrum,), sweet gum (Liquidambar styraciflua), American holly (Ilex opaca), black cherry (Prunus serotina), sassafras (Sassafras albidum), flowering dogwood (Cornus florida), tulip poplar (Liriodendron tulipifera), arrowwood (Viburnum spp.), and blackberry (Rubus spp.). The wetlands types of the Upper Blackbird Creek according to the USFWS's classification scheme (National Wetlands Inventory) are given in Fig. 17. While not part of the Reserve, the non-estuarine wetlands west of Rt. 13, further upstream of the Reserve, are interesting habitats for study, particularly in terms of their unique biotic assemblages and their unknown interactions with downstream, estuarine areas. Much of this non-tidal palustrine wetlands habitat is found in Blackbird State Forest and in other forested areas south of Townsend, all within about 5 miles from the center of the Reserve. While most of the wetlands of this area are dominated by maple-gum associations, there are dozens of Delmarva Bays scattered throughout this region. These topographic swales or depressions, none larger than a few acres, are wetlands unique interms of their geology, hydrology, and biota. 2. Fauna Its isolation from human disturbance, diverse freshwater food plants, and abundant aquatic invertebrate populations make it an attractive waterfowl breeding area. Black duck, mallard and wood duck are among the most common nesting species. During the spring and fall migration periods, extensive use is made of the area by most waterfowl in the mid-Atlantic region, including Canada geese, greenwinged teal, bluewinged teal, gadwall, pintail, wigeon and shoveler. Because of the habitat's particular importance to black duck, its protection from further degradation will help to maintain a species of special concern. Wading birds, shorebirds, and raptors also frequent the area for breeding, migration, feeding and resting. The most common species include great blue heron, great egret, snowy egret, 132 PFOIC JjVVM5KFk t '-J 'R30W-H P'1'0@ 4@ PFOJA V PFOIA -P PEM8 :Fieldsboro PEM5C PEM56 PFOIA PPOIC 54Lk PFOIA PEMSC St PEM5C mers ELUMM%k!j EA@ IF "PFOJA &L-\-POWF r PFOIV-- 551 F E POWFI, A PE'4\56@ A rOIA ppotc -@-Ppo- m (C" 5 C_ A@' @LPE;M ridge PFOIA -aylors Bridge, Lees Ch For- POWF:. PSSIE Z: Powr. B" SZEMIP Tj 30 lb NJ EZEMS EZEMIP C 5 PF T-7 %jzbM 01 Powr Ic PF Po PF' @`IN r M WF M, :PEM5C JA so t tipw F-kd% FO PcOJA P I Ai WE FL- PFOIC _PFOIA FZhM:l P ZE 6 POWE--- z EZEM5N6 zi P 1A 1OWL t FOI Prol@ P I PME P Qlr-@ PFOIA % Fk 2E POW4 PE45@6/ POW- PPOIA 8M PFO@ PF -P 51 F- 1A /@@ P C EZEMbN(, I - I . u PSS u 6 PFOI PF01A K 1E EM5N @@ I 'Ilk PF'01 01A' Pr _---SS I'll PPOIC @PEMSC-- S--r @ V@fl ss r - u @PFOIA P rc f PO POWR@ PFOIR Pro Pw5c P M, RSOWH J?FOJA FIGURE 17 R P P4-0 W2 Wetlands classification within the 01C Upper Blackbird Creek DNERR Component, from the la@ -i ird- POW rp USFWS's National Wetlands Inventory P@ 011A' P',- Oqc glossy ibis, yellowlegs, sandpipers, kestrels, marsh hawk, osprey and bald eagle. During a site selection field trip in April, 1990 to the Upper Blackbird Creek, a pair of bald eagles was seen perched in a tall tree on an island in the middle of the Reserve. They have since become residents of the reserve and the pair are one of seven pairs of bald eagles nesting in Delaware. Because of the inland location from the open tide marsh, use by most wading birds and shorebirds may be limited, but the extent of use of the broad mudf lats at low tide is unknown at present. The area is probably of high importance to raptors because of its remote location and abundant prey populations. Numerous species of passerine birds also utilize both the wetlands and surrounding forest for food, cover and nesting. Almost all mammals common in Delaware are found in the wetlands and wooded fringe of this component. The forests support deer, fox, raccoon, skunk, opossum, rabbit and squirrel, while large numbers of muskrat occur in the brackish and freshwater wetlands,, together with beaver and river otter in lesser numbers. Trapping of furbearers, and waterfowl and deer hunting, are popular activities that annually remove a harvestable surplus. An excellent opportunity to view and photograph wildlife is afforded by a canoe trip down this very beautiful waterway. The Blackbird Creek estuary provides important nursery and feeding habitat for several species of fish including white and channel catfish, weakfish, hogchoker, white perch, black drum, bay anchovy, menhaden, spot and eels, together with a diversity of benthic organisms including blue crabs. Sport fishing is also a popular activity at this component for species such as white perch, carp, yellow perch, and catfish. In the more landward recesses of the Reserve, where the waters are essentially fresh, the following fish species are frequently encountered: American eel, eastern mudminnow, redfin pickerel, golden and spottail shiners, creek chubsucker, pirate perch, brown bullhead, white and channel catfishes, yellow perch, white perch, pumpkinseed and bluegill sunfishes, and tessellated darter. These fish populations and waterfowl. both make use of numerous aquatic insects found here, including members of the families Corixidae,' Notonectidae, Dyticidae, Gyrinidae, Gerridae, and Chironomidae. Numerous snakes, turtles, frogs and toads, and salamanders are resident of the component, utilizing both aquatic and terrestrial environments., The Upper Blackbird Creek component represents a tidal brackish and freshwater habitat differing in estuarine plant and animal communities from the Lower St. Jones River component. As such, it offers unique and specialized opportunities for research, education, recreation and management. Its inclusion in the Delaware NERR System ensures representation of a broad group of estuarine habitats ranging from fresh to saline. 134 C. BLACKBIRD PREHISTORIC AND HISTORIC RESOURCES The Upper Blackbird Creek DNERR component spans the interface between two environmental zones of importance in prehistoric settlement systems. Both the mid-drainage and coastal zones provided favorable settings for large and small settlements, and the diversity of floral and faunal species where these two zones come together provides a particularly rich resource base for hunting and gathering peoples. sites in this area provide an opportunity to study human adaptation to a developing estuarine environment over more than 8,000 years. In the mid-drainage section of the study area, there is a medium probability of base camps and procurement sites from the Archaic Period (6500 B.C. to 3000 B.C.) and the Woodland II Period (A.D. 1000 to A.D. 1600). There is also a high probability for the entire range of Woodland I Period (3000 B.C. to A.D. 1000) sites. For the coastal segment, there is a medium probability of Archaic procurement sites and a medium to high probability of Woodland I and Woodland II base camps and procurement sites. A total of 73 prehistoric archaeological sites in the upland areas adjoining the Upper Blackbird Creek DNERR component have been reported in the Cultural Resource Survey maintained by the Delaware Bureau of Archaeology and Historic Preservation. The western half of this upland area (Fig. 18) has been subjected to reconnaissance level survey for archaeological sites by the University of Delaware Center for Archaeological Research (UDCAR) as part of a planning study conducted for the Delaware Department of Transportation (DelDOT) (Custer and Bachman 1986). The eastern half of the upland area was surveyed by the Delaware Department of Natural Resources and Environmental Control (DNREC) in order to provide a more complete cultural resources inventory for the Upper Blackbird Creek DNERR component. Fieldwork methods for both surveys relied extensively on surface survey techniques, although there are certain differences which must be kept in mind in comparing the results of the two surveys. In the UDCAR survey, the surface survey techniques were more controlled, and designed to determine the extent of sites as well as their presence. Furthermore, subsurface testing was used in areas where surface visibility was limited. This means that the site inventory is probably somewhat more complete for the western half of the study area. On the other hand, there were very few areas in the eastern part of the study area which would require subsurface testing to identify sites. Although the boundary between the UDCAR survey and the DNREC was arbitrarily defined by the requirements of the DelDOT planning study, it also coincides with a change in topography. From west to east, the character of the stream valley changes from a narrow floodplain with steep boundaries to a broad marsh with more gradual upland edges beginning at the confluence of Blackbird Creek with Beaver Branch. East of the boundary, there 135 FIGURE 18 Historical and Cultural characteristics of the Upper Blackbird Creek DNERR Component '-A owl 9 44 APPOQUINIMINK WILDLIFE UPPER Tho Lan in I'' AREA 4U BLACKBIRD I A HILL 7 d' wyding., ,Run vxontown 4 Lake F-iel@'sbcro sturnai 1,4j Comer -ItEDY SLMD A Q 0 ANGt UGHT ine Tree Comers 4S3 AU 457 I ayioFse iridgg:', U9 er Nayiors Comer A OW UNIO MET MOIST 36 14 . . . . . . . . . . . . . 46 Long 491 @orest@ 51 Sridge 459 % 1. A@ 490 Chambersvifle 4M 71 ent Nr 172 4S .-Y i69.@ eles N C1 UPPER BLACKBIRD SITE 13 ADJACENT UPLANDS DOT SURVEY AREA are few landforms which extend above the 50 ft. contour interval, while to the west topographic highs above 50 f t. are common. Bay/basin features are more common west of the boundary between the two studies. These differences are reflected in differences in the frequency and character of sites in the two survey areas. Six of the nine base camps in the UDCAR survey are f ound on landforms above the 50 foot contour interval and are adjacent to bay/basin features. East of the conf luence with Beaver Branch there are few landforms above 50 feet and all six of the base camps in the DNREC survey are situated on ridges between the 10 and 30 foot contours bordering the floodplain. In their analysis of the DelDOT study, Custer and Bachman (1986:130, 146) identified an extensive pattern of prehistoric use of bay/basin features as food provisioning and procurement sites. These closed hydrologic features were found to be especially prevalent on broad nearly level ridges from Blackbird Landing west to the headwaters of Blackbird Creek. Nearly 90 percent of the surveyed bay/basin features in the Blackbird segment of the UDCAR survey were associated with prehistoric materials and virtually all of them were exploited during the Woodland I time period (Custer and Bachman 1986:48,136). The UDCAR survey identified 59 of the 73 sites identified within the DNERR study area. Fifty of these sites were small procurement stations containing a few flakes of broken and discarded tools. Nine sites were identified as base camps, which are found in settings where food resources are highly predictable during certain parts of the year. These sites are generally larger in size and in the concentration and diversity of artifacts than procurement sites. Base camps were further differentiated on the basis of size and the available resource acquisition area into micro-band and macro-band base camps when possible. one of these base camps was occupied during the Archaic Period, from about 6500 to 3000 B. C. as indicated by the presence of bifurcate projectile points. Woodland I sites are identified by the presence of a variety of stemmed projectile point styles. Sites occupied during the latest of the prehistoric temporal periods, the Woodland II Period, are identified by the presence of triangular points. Ceramic styles are often more sensitive to patterns of temporal change, but none were found during the survey and they seem to be relatively rare for Upper Blackbird Creek as a whole (Custer and Bachman 1986:Table 2, Plate 6). Three base camps identified in the UDCAR survey had both Woodland I and II components, three base camps produced diagnostic Woodland I types of artifacts, and two base camps produced no diagnostic artifacts. In the DNREC survey, one site was identified as a Woodland II base camp, and four other base camps could be assigned to the Woodland I Period. A sixth base camp could not be clearly assigned to any prehistoric period, but was probably occupied at least during the Woodland I Period. Of the 56 procurement sites identified in the project area, only 5 produced diagnostic artifacts (Custer and Bachman 137 1986, App VII): one was multi-component, one was from the Woodland II period, and three were from the Woodland I period. In summary, the Blackbird Creek uplands and stream courses were intensively exploited by Woodland I hunting and gathering groups in the period from 3000 B.C. to A.D. 1000. The large number of bay/basin features in proximity to the interface between mid-drainage and coastal settings favored the establishment of sites of large size and permanence at the convergence of these zones. Changes in settlement patterns by Woodland II (A.D. 1000 to A.D. 1650) times focused food acquisition strategies primarily on the estuarine resources in the floodplain rather than the uplands (Custer and Bachman 1986:128, 144, 150). Both the number of sites and the size of sites decreases during the Woodland II period in the High Coastal Plain physiographic province, of which Blackbird Creek is a part. Nothing is known about the Contact Period in the Upper Blackbird area. This period spans the time from the first contact of Native Americans on the Delmarva Peninsula with Europeans (about 1600) to their disappearance as recognizable tribal groups in the first half of the 18th century. This area has been identified as a focus of European settlement in the 17th century, although no sites from this time period have been identified in archaeological collections. The earliest historic period settlement in the study area is represented by the Huguenot House, which -is listed on the National Register of Historic Places. This house was built early in the first quarter of the 18th century, and was expanded by the second generation of owners. It is significant as an example of the prosperous farmer's residence of pre-revolutionary Delaware. The house and much of its surrounding acreage was purchased in early 1990 by Holger H. Harvey, who was instrumental in the State's acquisition (with State funds) f or the DNERR program of a key parcel of wetlands having an associated upland buffer/access strip, both of which were partitioned from the tract previously forming the Huguenot House property bought by Mr. Harvey. The remaining standing structures in the area adjacent to the Upper Blackbird Creek component are agricultural complexes dating primarily to the 19th century. Reconnaissance level survey for this area is complete, although it is possible that some structures dating after 1860 were not recorded. D. BLACKBIRD ZONING AND LAND USE All of the properties within the Upper Blackbird Creek component and the surrounding properties are within a county agricultural district, and the zonings are either for farming or single family residential use (Fig. 19). None of the present uses appear to be detrimental or adverse to the operation of a DNERR component. Land use codes on Fig. 19 range f rom vacant lots to campgrounds to cropland as follows: 000 - Vacant Land 001 - Associated Parcel, Vacant or with Auxiliary Improvement 138 FIGURE 19 Land use and zoning within the t Upper Blackbird Creek DNERR Componen CO. Rd- 449 UPPER i3LACKBIRD OW - VACAff LAIM 001 - AMMM PMCU-I VAWO OR mmuw WW*UW oil - WE FAMILY RATMO 1015: ONE FAMILY UWI.ATIED 134 CAMPGRm" W) : CROP 902 CO' Rd. 465 011 - One Family Platted 015 - One Family Unplatted 134 - Campgrounds 901 - Crop 902 - Forest/Woodland 903 - Other The Upper Blackbird Creek area is only about 26 miles from downtown Wilmington. This area, like much of southern New Castle County below the Chesapeake and Delaware canal,. is either undergoing rapid residential development or is on the verge of doing such. With the completion of the "Rt. 13 Relief Route," which will be built over the next several years, the rate of development of southern New Castle County will accelerate even faster, with the area serving essentially as a "bedroom commu. nity" for urban workers commuting to Wilmington, Newark, Dover or other urban centers. The DNERR can help to guide and lessen the environmental impacts of this inevitable development for lands around the Blackbird Creek watershed. The planned route of the Rt. 13 Relief Route will affect the most landward portion of the Upper Blackbird Creek DNERR component. The Relief Route where it crosses Upper Blackbird .Creek will do so at a location about 1000 feet to the east of the present location of Rt. 13 at the upper end of the Reserve. Discussions with the Delaware Department of Transportation (Division of Highways) indicate,that most of the environmental impacts will occur during construction, and all steps will be taken to minimize detrimental impacts. The engineering design of the Relief Route where it passes over the upper Blackbird Creek corridor will be done in such a manner that minimum permanent loss of wetlands occurs. Essentially, when the Relief Route is completed, the environmental ambiance now associated with Rt. 13 will have moved about 1000 feet to the east. In order to provide a positive benefit to the Upper Blackbird Creek DNERR component, the Delaware Division of Highways was receptive to the idea of creating a canoe access site for the Reserve in conjunction with the Relief Route. This might be done at the uppermost end of the Reserve, on the east side of the present location of Rt. 13. This would greatly help provide an appropriate type of water access to upper Blackbird Creek. Water access throughout the Reserve is limited, so it will also be necessary to explore creation of an access point for motorized small boats, perhaps at Blackbird Landing, Taylors Bridge or another location. The Division of Highways might also be of assistance with this effort. E. BLACKBIRD TRADITIONAL USES Several of the management considerations associated with the Lower St. Jones River component also apply to the Upper Blackbird Creek component. In particular, concerns with accommodation of waterfowl hunting and muskrat trapping must be addressed. 140 XVII. ACKNOWLEDGMENTS A. DNERR WORKING COMMITTEE David S. Hugg III Office of the Secretary, DNREC Lee Emmons Office of the Secretary, DNREC William Meredith Division of Fish and Wildlife, DNREC William Jones Division of Fish and Wildlife, DNREC James O'Neill Division of Parks and Recreation, DNREC Joan Brown Division of Parks and Recreation, DNREC Ron Vickers Division of Parks and Recreation, DNREC Cara Blume Division of Parks and Recreation, DNREC David Saveikis Division of Water Resources, DNREC Sarah Cooksey Division of Soil and Water Cons., DNREC Daniel Griffith Delaware Div.of Hist. and Cult. Affairs Cheryl Graham NOAA/SRD/NERRS B. SUPPORT SERVICES Deborah Sullivan Department Management, DNREC Rick Truitt Department Management, DNREC Dennis Brown Department Management, DNREC Deborah Bell Division of Parks and Recreation, DNREC Aren Wright Division of Parks and Recreation, DNREC Georgia Vaughan Division of Parks and Recreation, DNREC Jessie Anglin Division of Fish and Wildlife, DNREC Field Personnel Division of Fish and Wildlife, DNREC (boat use) C. CONSERVATION.DISTRICT ASSISTANCE Fredrick T. Mott Delaware Association of Conservation Districts. Josef A. Burger New Castle Conservation District Ernest Zimmerman Kent Conservation District 141 D. DNERR ADVISORY COMMITTEE MEMBERS Joseph Abele New Castle County Grover Biddle Delaware Development Office Howard Brokaw Delmarva Ornithological Society Jack Cairns Delaware Dept. of Public Instruction John Campanelli Delaware Wildlife Federation Rick Cole Division of Fish and Wildlife, DNREC Richard Cooch New Castle Historical Society Elesa Cottrell U.S. Soil Conservation Service Franklin C. Daiber Advisory Council-Tidal Finfish Paul Daly Bombay Hook National Wildlife Refuge E. Turner Darden Delaware Sierra Club Group Norman Dill Delaware State College Bill Fintel Sussex Bird Club John L. Gallagher University of Delaware James Gawthrop St. Jones DNERR Landowners Assoc. Tim Goodger NOAA, NMFS William Hall University of Delaware Willis Hand Advisory Council on Shellfish Holger H. Harvey Delaware Wild Lands, Inc. Richard Hassel U.S. Army Corps of Engineers Betty Heinold Blackbird DNERR Landowners Assoc. Lynn Herman Division of Fish and Wildlife! DNREC Terrence L. Higgins Wesley College Glenn Hitchens Friends of Dickinson Mansion Connie Holland Kent County Betty Homan Daughters of the American Revolution William Hubbard Delaware Bass Federation Lisa Innvaer Division of Fish and Wildlife, DNREC Larry Irelan New Castle Conservation District Tim Kaden Delaware Forestry Section Dave Kamison Advisory Council-Game and Fish Lawrence Lank Sussex County Susan Laporte Division of Parks & Recreation, DNREC Joe Lesley Delaware State Trappers Assoc. Art Malinoski Kent Conservation District Andy Manus Division of Fish and Wildlife, DNREC Albert Matlack Society of Natural History of Delaware Rob McKim The Nature Conservancy Philip A. Messina, Jr. Del. Saltwater Sportsmen Assoc.. Roy Miller Division of Fish and Wildlife, DNREC Bill Moyer Division of water Resources, DNREC Joseph Patermo U.S. Air Force Grace Pierce-Beck Delaware Audubon Society Gordon Price Del. Mobile Surf-fishermen, Inc. Francis Remley Kent County Archaeological Society Michael E. Riska.. Delaware Nature Society Leah Roedel Del. River & Bay Shoreline Committee Charles Salkin Division of Parks & Recreation, DNREC George H. Sapna II Ducks Unlimited - Delaware John Schneider Division of Water Resources, DNREC David Small Office of Information and Ed, DNREC Jim Stewart Del. Div. of Hist. & Cult. Affairs 142 Fred Stites Blackbird DNERR Landowners Assoc. David Truesdale Blackbird DNERR Landowners Assoc. Ulysses S. Washington Delaware State College Bill Whitman Division of Fish and Wildlife, DNREC Alvin Wilson St. Jones DNERR Landowners Assoc. Joe Wutka Division of Highways Chris Zimmerman St. Jones River Watershed Assoc. Robert Zimmerman Division of Water Resources, DNREC XVIII. BIBLIOGRAPHY Belknap, D. F. and J. C. Kraft 1977. Holocene relative sea- level changes and coastal stratigraphic units on the northwest flank of the Baltimore Canyon geosyncline. Journal of Sedimentary Petrology 47(2):610-29). Chabreck, R.A. 1988. Coastal Marshes: Ecology and Wildlife Management. 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Matthews, E.D. and O.L. Lavoie. 1970. Soil Survey of New Castle County, Delaware. SCS/USDA. 97 pp. Matthews, E.D. and W. Ireland, Jr. 1971. Soil Survey of Kent County, Delaware. SCS/USDA. 66 pp. MDR Associates. 1989. Delaware Estuary Program: Summary of the Workshop - Working Together to Enhance and Preserve the Estuary. Rept. for U.S. Environmental Protection Agency. Baltimore, Md. 11 pp. Meredith, W.H. (Project Manager) 1990. The Delaware National Estuarine Research Reserve System Site Nomination. Report to NOAA/National Ocean service. Dept. of Natural Resources and Environmental Control, Dover, Delaware. 174 pp. Meredith, W.H. , D.E. - Saveikis, and C.J. Stachecki. 1985. Guidelines for "Open Marsh Water Management" in Delaware's salt marshes: objectives, system designs, and installation procedures. Wetlands (J. Soc. Wetlands Scientists), Vol. 5: 119-133. New Hampshire, State of. 1989. GREAT BAY NATIONAL ESTUARINE RESEARCH RESERVE MANAGEMENT PLAN. State of New Hampshire, Office of State Planning-F Concord, NH. 188 pp. North Carolina, State of. 1990. NORTH CAROLINA NATIONA ESTUARINE RESEARCH RESERVE FINAL MANAGEMENT PLAN. State of North Carolina, Dept. of Environment, Health, and Natural Resources, Div. of Coastal Management, Raleigh, N.C. 104 pp. + appendices. . . Omwake, H. G. 1955. Recent local finds: Cached argillite blanks found. Archeolog: 7(2): 5-7. Rothwell, A.D. (chairman) 1988. Delaware's Environmental Legacy: Shaping Tomorrow's Environment Today. Delaware Environmental Legacy Program, Delaware Dept. Natural Resources and Environmental Control, Dover, Delaware. 181 pp. Sharp, J.H. (ed.) 1983. The Delaware Estuary: Research as Background for Estuarine anacfement and Development. Delaware River and Bay Authority; College of Marine Studies, Univ. Delaware; New Jersey Marine Sciences Consortium. Lewes, Delaware. 326 pp. 146 South Carolina, State of. 1991. Ashepoo-Combahee-Edisto (ACE) Basin National Estuarine Research Reserve in South Carolina, Draft Environmental Impact Statement and Draft Management Plan. Charleston, South Carolina. 164pp. South Carolina, State of. 1992. Ashepoo-Combahee-Edisto (ACE) Basin National Estuarine Research Reserve in South Carolina, Final Management Plan.' Charleston, South Carolina. Steenis, J.H., N.G. Wilder, H.P. Cofer, and R.A. Beck. 1954. The Marshes of Delaware: Their Improvement and Preservation. Pittman-Robertson Publ. No. 2. Delaware Board Fish Game Comm., Dover, Delaware. 42 pp. Sundstrum, R.W., T.E. Pickett, and R.D. Varrin. 1976. Hydrology, Geology, and Mineral Resources of the Coastal Zone of Delaware. Technical Report Number 3. Delaware Coastal Management Program. 245 pp. Tiner, R.W. 1985. Wetlands of Delaware. U.S. Fish Wildlife Service; Delaware Dept. Natural Resources and Environmental Control. Dover, Delaware. 77 pp. Tucker, A.0., N.H. Dill, C.R. Broome, C.E. Phillips, and M.J. Maciarello. 1979. Rare and Endangered Vascular Plant Species in Delaware. U.S. Fish and Wildlife Service, Newton Corner, Mass. 89 pp. Virginia, State of. 198-9. The Chesapeake Bay Estuarine Research Reserve Syste in Virginia: Site Nomination and Application for Preacquisition Assistance. Virginia Inst. Marine Science, College of William and Mary, Gloucester Point, Virginia. 310 pp- U.S. Department of Defense. 1989. Air Installation Compatible Use Zone (AICUZ) Study. Department of the Air Force, Headquarters 436th Military Airlift Wing (MAC), Dover, DE. U.S. Dept. of Commerce. 1988-1990. Tide Tables: East Coast of North and South America, including Greenland. National Ocean Service, NOAA, U.S. Dept. of Commerce, Riverdale, Maryland. U.S.D.I. Fish and Wildlife Service. 1989. National Wetlands Priority Conservation Plan. U.S. Fish Wildl. Serv., U.S. Dept. of the Interior, Washington, D.C. 58 pp. U.S.D.I. Fish and Wildlife Service. 1989. Draft Regional Wetlands Concept Plan, Emergency Wetlands Resources Act. Region 5, U.S. Fish and Wildlife Service, Newton Corner, Mass. 13 pp. + appendices. Wakelin, J.H. Jr. (chairman) 1972. The 'Coastal Zone of Delaware. Governor's Task Force on Marine and Coastal Affairs. College of Marine Studies, Univ. Delaware, Newark, Delaware. 464 pp. 147 Whitman, W.R. 1986. Ecological conditions and suggested habitat management practices for selected coastal impoundments in Delaware. Delaware Coastal Management Program, Annual Report. Delaware Dept. Natural Resources and Environmental Control, Dover, Delaware. 101 pp. Whitman, W.R. 1989. An integrated program for the enhancement and management of Delaware"s Coastal Wetlands. Delaware Coastal Management Program, Project 65B(l). Delaware Dept. Natural Resources and Environmental Control, Dover, Delaware. 19 pp. Whitman, William R. and William H. Meredith (eds.) 1987. Waterfowl and Wetlands Symposium: Proceedings of a Symposium on Waterfowl and Wetlands Management in the Coas@_al -zone of the Tt-lantic Flyway. Delaware Coastal Management Program, Delaware Department of Natural Resources and Environmental Control, Dover, Delaware. 522 pp. 148 XIX. BASE RESOURCE INFORMATION A. PLANT SPECIES LISTS 1. St. JoneS River PLANT SPECIES IDENTIFIED IN THE ST. JONES RIVER COMPONENT Scientific name Common Name Acer rubrum red maple Alnus serrulata common alder Amelanchier arborea downy juneberry Amelanchier canadensis oblong leaf juneberry Antennaria plantaginifolia plantain-leaved pusseytoes Apios americana groundnut Ascyrum hypericoides St. Andrew's cross Asplenium platyneuron ebony spleenwort Aster novi-belgii New York aster Baccharis halimifolia. groundsel bush Cakile edentula sea rocket Carpinus caroliniana ironwood Celtis occidentalis American hackberry Clethra alnifolia sweet pepperbush Cornus florida dogwood Diospyros virginiana persimmon Distichlis spicata saltgrass Erigeron annuus daisey fleabane Eupatorium hyssopifolium hyssop.-leaved boneset Eupatorium serotinum late-flowering boneset Fagus grandifolia American beech Gaylussacia dumosa dwarf huckleberry Gaylussacia frondosa tall huckleberry Hamamelis virginiana witch-hazel Heterotheca subaxillaris camphorweed Hibiscus palustris swamp rose mallow Ilex opaca American holly Ilex verticillata winterberry Impatiens capensis spotted touch-me-not Iris versicolor larger blue flag Iva frutescens marsh elder Juniperus virginiana red cedar Kalmia latifolia mountain laurel Kosteletzkya virginia seashore mallow Leersia oryzoides rice cutgrass Lobelia cardinalis cardinal flower Lonicera japonica Japanese honeysuckle Lycopus americanus water horehound Magnolia virginiana sweetbay Mikania scandens climbing hempweed Nyssa sylvatica sourgum Oenothera biennis common evening primrose Osmunda cinnamomea cinnamon fern Phragmites australis common reed 149 Scientific Name Common Name Pilea pumila clearweed Pluchea purpurescens saltmarsh fleabane Polygonum punctatum water smartweed Prunus serotina blackcherry Quercus alba white oak Quercus falcata spanish oak Quercus michauxii basket oak Quercus palustris pin oak Quercus phellos willow oak Quercus prinus chestnut oak Quercus rubra red oak Rubus sp. blackberry Sagittaria latifolia common arrowhead Salix nigra blackwillow Sassafras albidum sassafras Saururus cernuus lizard's tail Scirpus robustus stout sedge Smilax rotundifolia common greenbrier Solanum carolinense horse nettle Solanum nigrum black night shade Solidago bicolor silverrod Solidago rugosa rough-stemmed goldenrod Spartina alterniflora saltmarsh cordgrass Spartina cynosuroides big cordgrass Spartina patens saltmeadow cordgrass Vaccinium corymbosum common highbush blueberry Viburnum nudum possum haw Viburnum recognitum northern arrowwood 2. Blackbird Creek PLANT SPECIES IDENTIFIED IN THE UPPER BLACKBIRD COMPONENT Scientific Name Common Name Acer rubrum red maple Acnida cannabina salt-marsh water hemp Amelanchier canadensis swamp shadbush Apios americana groundnut or wild bean Asclepias incarnata var. pulchra swamp milkweed Baccharis halimifolia groundsel tree Bidens laevis larger bur marigold Carex stricta a sedge Cephalanthus occidentalis buttonbush Clematis virginiana virgin's bower Cornus amomum silky dogwood Cornus foemina ssp racemosa gray dogwood Cornus florida flowering dogwood Cuscuta gronovii common dodder or love vine Distichlis spicata salt grass 150 Scientific Name Common Name Echinochloa walteria a barnyard grass Eleocharis fallax (ambigens) a spike-rush Eupatorium dubium Joe-pye weed Fraxinus pennsylvanica green ash Galium obtusum a bedstraw Gratiola neglecta clammy hedge hyssop Helenium autumnale sneezeweed Hibiscus mosheutos a rose mallow Hibiscus palustris marsh mallow Ilex opaca American holly Ilex verticillata winterberry Impatiens capensis jewelweed Iris versicolor larger blue flag Iva frutescens high tide bush Juncus acuminatus a bog-rush Kosteletzkya virginica seashore mallow Leersia oryzoides a cutgrass Leucothoe racemosa fetterbush Lilium superbum Turk's cap lily Liquidambar styraciflua sweet gum Liriodendron tulipifera tulip poplar Lobelia cardinalis cardinal flower Lycopus americanus water horehound Lycopus rubellus a water horehound Mikania scandens climbing hempweed Nuphar luteum (advena) yellow pond lily Onoclea sensibilis sensitive fern Osmunda regalis flowering fern Oxypolis rigidor cowbane Panicum virgatum a panic grass Peltandra virginica arrow arum Phragmites australis common reed Pinus taeda loblolly pine Pluchea purpurascens salt-marsh fleabane Polygonum arifolium halberd-leaved tearthumb Polygonum punctatum water smartweed Polygonum sagittatum arrow leaved tearthumb Pontederia cordata pickerelweed Prunus serotina black cherry Ptilimnium capillaceum mock bishop's weed Quercus alba white oak Quercus falcata red oak Quercus stellata post oak Rorippa islandica marsh yellow cress Rosa palustris swamp rose Rubus spp. black cherry Rumex verticillatus swamp dock Sagittaria calycina an arrowhead Sagittaria latifolia common arrowhead Sagittaria subulata an arrowhead 151 Scientific Name Common Name Salicornia spp. saltwort Sassafras albidum. sassafras Saururus cernuus lizards tail Scirpus pungens a bulrush Scirpus robustus a bulrush Scirpus validus a bulrush Scutellaria lateriflora a skullcap Spartina alterniflora saltmarsh cordgrass Spartina cynosuroides big cordgrass Spartina patens saltmeadow cordgrass Stachys tenuifolia common hedge nettle Taxodium. distichum bald cypress Thalictrum polygamum tall meadow rue Tilia heterophylla white basswood Typha latifolia common cattail Ulmus americana American elm Viburnum prunifolium black haw Viburnum recognitum. arrowwood Zizania aquatica wildrice 152 B. FISH AND WILDLIFE This section is intended to present some of the traditional uses of the St. Jones River and Blackbird Creek estuaries that are expected to continue in and around the Reserve and may need particular policies established to reduce the potential for conflicts. It has been determined that hunting, trapping, shellfishing, fishing! boating, and agricultural practices are the major traditional activities of these areas. Other traditional activities have not been listed such as bird watching, canoeing, hiking, etc., since they are activities that are covered in the public access plan of this document. With the increase in public access to these estuaries and a desire to maintain traditional activities, there is a need to recognize potential conflicts that could result. As much as practical, policies will be established that will allow traditional activities to continue on the Reserve. Therefore public access will be controlled so that traditional activities will continue with minimal disturbance to both the traditional user and the Reserve activities. Limited access policies, guidelines and general awareness information will need to be developed to provide for the safety of the public. Fisheries management and determination of harvest practices for finfish and shellfish in DNERR waters will be through the guidance, assistance and responsibilities of DNREC's Division of Fish and Wildlife. Likewise, wildlife management and determination of harvest practices for upland game, waterfowl or furbearers in DNERR lands will be through the guidance, assistance and responsibilities of DNREC's Division of Fish and Wildlife. At times, and at some locations, certain traditional activities may be restricted to allow educational and/or research activities to take place. The DNERR Program Manager shall be responsible for establishing a procedure that will regulate both the traditional activities and the educational and research activities to minimize their conflicts. This procedure shall be reviewed annually to assure the optimum blend of all activities. The following listing of traditional activities is provided in tabulation form to present only an approximation of activities, seasons, dates, times, and conflict potentials. The activities are representative of the area in and around the Reserve boundaries. Some activities may have never occurred within the areas that will be acquired by the Reserve or may not have occurred throughout the seasons, dates or times given. This information is to be valued as a commitment of the DNERR to continue traditional activities with the realization that conflicts will be reduced by providing guidelines and policies as public access is increased and specific education and research projects are implemented. 153 TRADITIONAL USES OF THE DNERR ESTUARINE RESOURCES ST. JONES DNE COMPONENT ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Agriculture Corn May-Sep Public Trespassing Soybean Jun-Oct Public Trespassing Potatoes Apr-Aug Dust Pasture year Public Trespassing Truck Crops Spring Dust Forestry visual Agriculture has been the greatest land-use activity of the St. Jones component for over 300 years with consistent boundaries for at least the last 200 years. With proper buffering of the estuary to the normal activities of farming, the Reserve will be effected by the occasional noise, dust, odors, chemicals and sights of this primary traditional activity. The operations of the Reserve will need to maintain good public access control to prevent straying into farm operations for public safety and public damage to the fences, fields, crops, livestock, and equipment of the Reserve's neighboring farmers. ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Hunting White-tailed deer (with the exception of waterfowl, no other hunt- ing is permitted during the shotgun and muzzleloader seasons for white-tailed deer) I Archery Sept to end of Jan 1/2hr Restriction of hunting except during before to fixed sites compat- muzzleloader and sunrise ible with other uses shotgun season to 1/2hr will prevent conflicts after sunset Shotgun 8 days Wid-November Same Same 2 days mid-January Muzzleloader 3 days ILL_LU-%J1_;tojjer Same Same 3 days mid-January Wild Turkey late Ap_1 ea-1, May 1/2hr Season not yet set for before DNERR components. All sunrise other activities should to 1:00pm be excluded in areas open to turkey hunting when a season is estab- lished except in defined no hunting zones 154 ACTIVITY SEASON t DATES TIMES CONFLICT POTENTIAL Small Game Gray Squirrel mid-Sept to mid-Jan 1/2hr Exclusions will be re- before quired in some sections sunrise (ie around Center; to 1/2hr trails & observation after points sunset cottontail mid-Nov to mid-Jan Same same Rabbit I Bobwhite Quail mid-Nov to Feb 28 Same Same I Woodchuck no closed Season Same Same I Raccoon Sept 1 to reb 28 Same- Same except some nights opossum Same Same Same I Red Fox-(chase Oct 1 to April 30 1/2hr Same only) before sunrise to 1/2hr after sunset Frog May 1 to Sept 30 Same Same I Snapping Turtle June 16 to May 14 Same Same I I I Hunting should be accommodated over most of the Component. Numbers of hunters using area at one time may need to be restricted by daily sign-in or another method. No conflicts are anticipated if hunting is properly zoned and regulated. Migratory Birds I Mourning Dove last 3 weeks of Sep Noon to Same restrictions apply last 2 weeks of Oct sunset as upland Game mid-Dec to mid-Jan Rails 3rd week of Oct Same Same Woodcock mid-Nov early Jan Same Same Common Snipe mid-Nov to Jan 31 Same Same Gallinules Sept 1 to early Nov Same Same Crows mid-June 30 Same Same 155 ACTIVITY SEASON t DATES TIMES CONFLICT POTENTIAL Waterfowl Nov to Feb 1/2hr before sunrise to sunset All waterfowl hunting must be restricted to fixed blinds and pits established and maintained by DNERR staff. Numbers of hunters will have to be restricted depending upon number of hunting sites that are established. ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Trapping Marshes,Streans & Ditches None (leghold or conibear traps-aquatic sets only) as long as trapper's Muskrats,mink, early Dec-mid-March "coming-and-going" otter,raccoon, is known to the Reserve or opossum Manager in order to coordinate with educa- Upland Areas tional/research uses (box or leghold traps) Raccoon all year-N side of St Jones; leghold not allowed on S side from mid-March to early Dec (box trap) I I opossum & rabbit only during legal hunting season in late fall & winter ACTIVITY SEASON t DATES t TIMES CONFLICT POTENTIAL NOTE: Seasons indicated for commercial/recreational finfishing or shellfishing are traditional times,not legally set periods - most have no legal closed sea- sons in the tidal rivers for recreational or commer- cial finfishing nor recreational crabbing(ex. noted) Fishing-comm (no commercial shellfishing is allowed in tidal rivers or creeks-no crabs, oysters, clams, mussels) White perch None as long as nets fixed gill nets Feb-May I I do not obstruct naviga- (no fixed nets in Delaware Bay within 1/2 mile tional channel- no more from tidal river mouths)- I I than 1/3 distance from no nets > 200 ft IMid-May to late-September shore (nets < 200 ft long for Recreational netting) I I American eel early spring to lauw La.L-L Floats to mark pots (eel pots) could cause naviga- tional obstacles if placed too densely 156 ACTIVITY SEASON t DATES t TIMES - CONFLICT POTENTIAL Horseshoe Crab closed season: May 1 - June 7 Applicable only to (shoreline - (except for those with comm. State or Federal lands collection) lic., who can harvest with no limits on Wed, Thur, or Fri); rest of year = 6 crabs/day for those without comm. lic. Fishing-recr (no recreational oystering or clamming allowed) Blue crabs (crab late-May to late-Octobex Densely placed floats pots,2/person) could cause navigation obstacles White perch early April to June None (drifting or anchored boat,shoreline) Recreational White perch,cat- I Finfishing fish,crabs @Spring to Fall None Allowed (Barkers Landing fishing pier) All Year Bluefish,weakfish (mouth of St. Jones River-shoreline/surf) striped bass, I white perch,etc. Spring to Fall None I Snapping turtles mid-June L.U ILI-Lu-May None (may also be sold) (legal seasons) Female diamond- mid-July eazly October None back terrapins (legal seasons) ACTIVITY SEASON __ DATES TIMES CONFLICT POTENTIAL Boating-comm Barge (sand & gravel) Year around None - unless major dredging is proposed ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Boating-recr Drifting or anchored sport- fishing in St. Spring to Fall None Jones River Transit for sport fishing of small boats from Spring to Fall None Barkers Landing to Delaware Bay 1 157 TRADITIONAL USES OF THE DNERR ESTUARINE RESOURCES BLACKBIRD CREEK DNERR COMPONENT ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Agriculture Corn May-Sep. Public Trespassing Soybean Jun-Oct Public Trespassing Pasture year Public Trespassing Agriculture is the greatest. land-use activity of the Blackbird Creek component. However, development pressures are stressing this tradition. With proper buffering of the estuary to the normal activities of farming, the Reserve will only be effected by the occasional noise, dust, odors, chemicals and sights of this primary traditional activity. The operations of the Reserve will need to maintain good public access control to prevent straying into farm operations for public safety and public damage to the fences, fields, crops, livestock, and equipment of the Reserve's neighboring farmers. ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Hunting White-tailed deer (with the exception of waterfowl, no other hunt- ing is permitted during the shotgun and muzzleloader seasons for white-tailed deer) I Archery Sept@to February 1/2hr Restriction of hunting except during before to fixed sites compat- muzzleloader and sunrise ible with other uses shotgun season to 1/2hr will prevent conflicts after sunset Shotgun 8 days ItLid-November Same Same 2 days mid-January I Muzzleloader 3 days 1LL.LU-%J%,t_ober Same Same 3 days mid-January Wild Turkey late Aprl-early May 1/2hr Season not yet set for before DNERR components. All sunrise other activities should to 1:00pm be excluded in areas open to turkey hunting when a season is estab- lished except in defined no hunting zones 158 ACTIVITY SEASON t DATES TIMES CONFLICT POTENTIAL Small Game Gray Squirrel mid-Sept to mid-Jan 1/2hr Exclusions will be re- before quired in some sections sunrise (ie around Center; to 1/2hr trails & observation after points sunset Cottontail mid-Nov to mid-Jan Same Same Rabbit I Bobwhite Quail mid-Nov to Feb 48 Same Same Woodchuck no closed Season Same Same I Raccoon St_-Vt 1 tO Feb 28 Same- Same except some nights Opossum Same Same Same I Red Fox-(chase Oct 1 to April 30 1/2hr Same only) before sunrise to 1/2hr after sunset Frog May 1 to Sept 30 Same Same Snapping Turtle June 16 to May 14 Same Same I I I Hunting should be accommodated over most of the Component. Numbers of hunters using area at one time may need to be restricted by daily sign-in or another method. No conflicts are anticipated if hunting is properly zoned and regulated. Migratory Birds Mourning Dove last 3 weeks of Sep Noon to Same restrictions apply last 2 weeks of Oct sunset as upland Game mid-Dec to mid-Jan Rails 3rd wr-,--j%. of Oct Same Same Woodcock mid-Nov early Jan Same Same Common Snipe mid-Nov to Jan 31 Same Same Gallinules Sept I to early Nov Same Same Crows mi- March 30 Same Same 159 ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Waterfowl Nov to Feb 1/2hr before sunrise to sunset All waterfowi hunting must be res'tricted t@ fixed blinds and pits established and maintained by DNERR staff. Numbers of hunters will have to be restricted depending upon number of hunting sites that are established. ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Trapping Same as St. Jones, except upland trapping for raccoon with either box or leghold traps can occur year around on both sides of the creek (vs. year around only on the north side of the St. Jones; on the south side of the St. Jones, leghold trapping for raccoon can occur only from early December to mid-march). Fishing-comm I I I Same as c . Jones, except i t closed to commercial or recreational harvest of oysters, clams or mussels - this is because these shellfish are not found here in harvestable quantities. ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Fishing-recr Similar to St. Jones, but no pier or surf fishing; also, more sportfishing in small boats may be occurring in the upper Blackbird for largemouth bass, pickerel, perch, crappie, sunfish, etc. than occurs in the upper St. Jones. Boating-comm None Boating-recr Similar to St. Jones, but not as much small boat traffic to-and-from Delaware Bay. 160 XX. APPENDICES A. DNERR PROPOSED IMPLEMENTATION TIMETABLE B. BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY C. MEMORANDUM OF UNDERSTANDING D. DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY E. NERRS REGULATIONS 161 APPENDIX A DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE PROPOSED IMPLEMENTATION TIMETABLE Pre-designation STAFF - Program Manager (85% time; 100% state funded) - Research Coordinator (20% time; 100% state funded) - Education Coordinator (20% time; 100% state funded) - Realty Specialist (20% time; 100% state funded) - Res. Prot. Specialist (20% time; 70/30 state/NOAA funded) - Cult. Pres. Specialist (20% time; 70/30 state/NOAA funded) - Landowner Assistant (30% time; 70/30 state/NOAA funded) ACTIVITIES - Develop draft management plan/FEIS - Some baseline studies, monitoring and species inventories - Begin detailed design of Education and Research Center - Acquire minimum key lands and water - Develop final management plan - Sign MOU NOAA/DNREC - Sign MOU DNREC/DH&CA - Begin DNERR trail & boardwalk at E&R Center; design, layout, construction, interpretive signs & brochure - Initiate public access - Secure components - Initiate volunteer program - Develop coordinated education and research outreach effort - Begin outdoor on-site education program - Research program integration with Sea Grant researchers - Perform restoration, exotic species control, or any other manipulative activities required (none scheduled or funded as of this writing - OMWM and phragmites control are only known potential) ist year (following plan approval) STAFF - Program Manager (100% time; 100% state funded) - Research Coordinator (30% time; 100% state funded) - Education Coordinator (30% time; 100% state funded) - Estuarine Educator (100% time; 100% NOAA funded) - Realty Specialist (20% time; 10.0% state funded) - Realty Assistant (10% time; loot state funded) - Res. Prot. Specialist (20% time; 70/30 state/NOAA funded) - Cult. Pres. Specialist (20% time; 70/30 state/NOAA funded) - Landowner Assistant (20% time; 100% NOAA funded) - Volunteer Coordinator (30% time; 100% state funded) - Folklorist (30% time; 100% Interior funded) ACTIVITIES - Planning for 2nd year 162 - Continue acquisition of Reserve lands and water - Construction of E&R Center site preparation - Planning for Center occupancy at end of second year - Install DNERR signs - Begin monitoring & baseline NOAA funded studies - Coordinate trail development to Bay via neighboring DNREC Fish and Wildlife property - continue environmental/cultural trail to Dickinson Mansion - Design visitors center expansion - Coordinate NF&WS Aquatic education program with DNERR for overnight facilities for visiting researchers/educators at M&M lodge (located between DNERR components) - Initiate active interaction of DNERR/DCMP - Begin interaction of DNERR with EPA/NEP's - Collect and develop curricula materials for Reserve - Field test curricula materials - Begin NOAA funded research program - Annual report 2nd year STAFF (2nd year through 5th year) - Program Manager (100% time; 100% state funded) - Research Coordinator (80% time; 100% state funded) - Education Coordinator (60% time; 100% state funded) - Estuarine Educator (100% time; 100% state funded) - Secretary (100% time; 100% state funded) - Realty Specialist (20% time; 100% state funded) - Realty Assistant (10% time; 100% state funded) - Res. Prot. Specialist (20% time; 100% state funded) - Cult. Cons. Program Manager (20% time; 100% state funded) - Landowner Assistant (30% time; 100% state funded) - Volunteer Coordinator (30% time; 100% state funded) - CMP Specialist (100% time; 100% NOAA-CMP funded) - F&W Scientist 111 (30% time; 100% NOAA-CMP funded) - Folklorist (100% Interior funded) - Project WILD Coordinator (100% NOAA-CMP funded) - Aquatic Coordinator (100% USF&W funded) - 3 F&W Program Managers (100% state funded) The following positions will be located at the E&R Center but will not have dedicated time assigned specifically to DNERR projects. Rather these positions present every day assignments that will enhance the Reserve's programs, and the Reserve and the tools that it produces will be valuable to their projects. - F&W Program Manager (50/50 state/USF&W funded) - 3 F&W Scientists-II (100% state funded) - 5 F&W Scientists 11 (100% USF&W funded) - F&W Scientist 11 (90/10 state/USF&W funded) - F&W Scientist 11 (100% NOAA-CMP funded) - F&W Scientist 1 (100% NOAA-CMP funded) - F&W Scientist 1 (100% USF&W funded) - 2 F&W Technicians (100% USF&W funded) - 2 F&W Technicians (100% state funded) - Boat Captain (100% state funded) - Secretary (50/50 state/USF&W funded) 163 ACTIVITIES Staff participation in research and education workshops Planning for 3rd.year continue acquisition of Reserve lands and water Acquire some operational equipment (mowers, computers, canoes/boats, etc.) Year-round monitoring of Reserve Begin monitoring of contributing watersheds Continue coordination.of Reserve education & research programs with other compatible efforts Initiate a DNERR awareness program Continue development of curriculum materials for various age groups Continue on-site educational programming Initiate formal volunteer program Cultivate support groups Protect historic barn on slaughter tract Continue construction of E&R Center Construct boardwalk canoe launch & pier Develop brochures Annual report 3rd year ACTIVITIES - Planning for 4th year - Continue acquisition of Reserve lands and water - Prepare the final site & architectural design for Dickinson Plantation/DNERR Visitors center - Establish field use of Reserve by E&R Center staff - Establish guided and self guided tours - Seek State funding for Federally funded DNERR staff - Investigate additional sources of funding for special projects - Integrate DNERR education program with the State parks Nature Centers - Develop wayside exhibits for Dickinson/Center trail - Annual report 4th year ACTIVITIES - Planning for 5th year - Review 5 year management plan for revisions - Continue acquisition of Reserve lands and water - Begin construction of Dickinson Plantation/DNERR Visitors center - Design indoor exhibits - Develop and field test out-reach programs Continue to augment research and education - Establish cultural and archaeological educational & research activities - Continue to strengthen ties with other middle Atlantic estuarine research projects - Annual report 164 5th year ACTIVITIES - Planning for 6th year - Revise DNERR management plan - Continue acquisition of Reserve lands and water - Begin fabrication of indoor exhibits - Initiate educational out-reach program - Continue to augment research and education - Develop stronger ties with other NERRs in research, monitoring, and education - Annual report Implementation timetable is subject to changes due to available resources and appropriations of State and Federal funds. 165 APPENDIX B BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY BIOGEOGRAPHIC CLASSIFICATION Virginian Region 4. Middle Atlantic Subregion (Sandy Hook to Cape Hatteras) TYPOLOGY Class I - Ecosystem Types Group I - Shorelands A. Maritime Forest-Woodland 3. Temperate Deciduous Biome Group II - Transition Areas A. Coastal Marshes - Tidal, Non-tidal & Tidal Freshwater B. Coastal Swamps C. Intertidal Beaches D. Intertidal Mud and Sand Flats F. Intertidal Algal Beds 2. Southern Latitudes Group III - Submerged Bottoms B. Subtidal Softbottoms C. Subtidal Plants Class II - Physical Characteristics Group I - Geologic A. Basin Type 3. Bay 5. Tidal River B. Basin Structure 1. Coastal plains estuary C. Inlet Type 1. Unrestricted D. Bottom Composition 1. Sand 2. Mud 4. Oyster shell 166 Group II - Hydrographic A. Circulation 1. Stratified 2. Non-stratified B. Tides 2. Semidiurnal 3. Wind/Storm Tides C. Freshwater 1. Surface water 2. Subsurface water Group III - Chemical A. Salinity 1. Positive estuary 3. Salinity zones c. Mixohaline (2) Polyhaline (3) Mesohaline (4) Oligohaline B. pH Regime Circumneutral 167 APPENDIX C MEMORANDUM OF UNDERSTANDING Memoranda of understanding (MOUs) are important with various agencies, groups and organizations in the management of DNERR. Some of these agreements will involve two main management issues: the uses, administration, operations and maintenance of facilities and components; and the interaction of the Reserve with other cooperative programs. An MOU between DNREC and the Division of Historical and Cultural Affairs will be necessary to operate and manage the Dickinson Plantation Visitors Barn's DNERR section. Other MOUs will be appropriate as the uses of the Reserve become integral tools to other agencies, schools, groups and organizations that will depend on the attributes of the DNERR to enhance their estuarine programs and the values that their efforts will provide to the Estuarine Reserve System. The Friends of the John Dickinson Mansion, the St. Jones River Watershed Association, the Kent Conservation District, the Delaware Nature Society, Wesley College, the University of Delaware, Delaware State College, the Cooperative Extension Service, USFWS, USDA- SCS, NMFS are a few of the groups that MOU's may be important to the successes of the DNERR. These MOU's will be developed during the first five years of program implementation. The following is the MOU between DNREC and NOAA/OCRM regarding the Federal-State relationship during the establishment and development of DNERR. This MOU commits DNREC to long term maintenance and management of the DNERR consistent with the national objectives. 168 MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF DELAWARE AND THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION The state-Federal Roles in the Delaware National Estuarine Research Reserve. Preamble Thij,,,mpjo;4pdum of Understanding ("MOU") is made this day of . - L -'.: "11 1993 by and between the state of Delaware to the benefit of the Department of Natural Resources and Environmental control CIDNREC11), having an address at the office of The Secretary/DNREC, 89 Kings Highway, Richardson and Robbins Building, Dover, Delaware 19903 and the National Oceanic and Atmospheric Administration, Department of Commerce ("NOAA11), having an address at the sanctuaries and Reserves Division, office of ocean and Coastal Resource Management, National ocean Service/NOAA, 1305 East West Highway, silver spring, Maryland 20910 and concerns the establishment and administration of the Delaware National Estuarine Research Reserve ("DNERRII). WHEREAS, DNREC has determined that the waters and related coastal habitats of the DNERR components provide representative opportunities to study natural and human processes occurring within an estuarine ecosystem; and WHEREAS, it is the finding of DNREC that the resources of the St. Jones River and Blackbird Creek DNERR components, and the values they represent to the citizens of Delaware and the United States will benefit from the management of these components as a multiple site National Estuarine Research Reserve; and WHEREAS, NOAA has concurred with that finding and pursuant to its authority under Section 315 of the Coastal Zone Management Act of 1972 ("CZMAII), as amended, P.L. 92-583, 16 U.S.C. 1461, and in accordance with implementing regulations at 15 CFR 921.30, may designate the areas of the lower St. Jones River and the upper Blackbird Creek as components of the multiple site Delaware National Estuarine Research Reserve; and WHEREAS, DNREC, as the State agency designated in the management plan for the Reserve ("Plan") and by the State of Delaware as being responsible for managing the Reserve, acknowledges the need and requirement for continuing State-Federal cooperation in the long-term management of the Reserve in a manner consistent with the purposes sought through its designation. NOW# THEREFORE, in consideration of the mutual covenants contained herein it is agreed by and between DNREC and NOAA, effective on the date of the designation of DNERR, as follows: ARTICLE I: State-Federal Roles in Reserve Manacrement A. DNREC, as the principal contact for the State of Delaware in all matters concerning the Reserve, will serve to ensure that the Reserve is managed in a manner consistent with the CZMA, and in particular the goals of the National Estuarine Research Reserve System (11NERRS11) under Section 315 and the management objectives of the Plan. Its responsibilities for Plan implementation will include the following: 1. Effect and maintain a process for coordinating and facilitating the roles and responsibilities of all agencies involved in the management of the Reserve, including but not limited to: a. The administration of facilities, programs, and tasks related to Reserve management; b. Education and Research agenda developed and implemented in accordance with corresponding elements of the Plan; c. Activities and programs conducted pursuant to the State's Federally-approved coastal management program authorized under the CZMA, as amended; and d. Enforcement programs regulating water quality, fish and wildlife habitat protection, sport and commercial fisheries, and non-consumptive recreational activities; 2. As the Governor's designee and the recipient State entity in matters concerning all financial assistance awards authorized under the CZMA, DNREC will apply for, budget, and allocate such funds received for acquisition and development, operation and management, and education, research and monitoring; 3. Subject to appropriations, continue the designation of three State positions to serve as Reserve manager, Education coordinator and Research coordinator; 4. Seek State and other funding for acquisition, development, management, and operation of the Reserve; 5. Seek State and other funding for education and research programs at the Reserve; 6. Comply with all of the requirements of Section 106 of the National Historic Preservation Act, as amended, and all regulations and guidelines issued thereunder. 7. Serve as principal negotiator on issues involving proposed boundary changes and/or amendments to the Plan; 8. Submit annual reports to NOAA on the Reserve describing, in accordance with 15 CFR 921.40, program performance in implementing the Plan and a detailed work program for the following year of Reserve operations, including budget projections and research efforts; 9. Respond to NOAA's requests for information and to evaluation findings made pursuant to Section 312 of the CZMA; and 10. In the event that it should become necessary, based on findings of program deficiency, serve as the point-of -contact for the State of Delaware in actions involving the possible withdrawal of Reserve designation, as provided at 15 CFR 921.42. B. Within NOAA, the Sanctuaries and Reserves Division (11SRD11), of the Office of ocean and Coastal Resource Management ("OCRM") will serve to administer the provisions of Section 315 of the CZMA to ensure that the Reserve is managed in accordance with the goals of NERRS and the Plan. In carrying out its responsibilities, the SRD will: 1. Subject to appropriation, provide financial assistance to DNREC, consistent with 15 CFR 921 for acquisition, development, management, and operation of the Reserve; 2. Subject to appropriation, provide financial assistance to DNREC and other eligible entities for education, research and monitoring programs for the benefit of the Reserve; 3. Serve as the point-of-contact for NOAA in discussion regarding applications for any financial assistance received by DNREC under Section 315 of the CZMA, including any performance standards, compliance schedules, or Special Award Conditions .deemed appropriate by NOAA to ensure the timely and proper execution of the proposed work program; 4. Participate in periodic evaluations scheduled by OCRM in accordance with Section 312 of the CZMA to measure DNREC's performance in Plan implementation and its compliance with the terms and conditions prescribed in financial assistance awards granted by NOAA for the Purposes of the Reserve and advise appropriate OCRM staff of existing or emerging issues which might affect the State's coastal management program; 5. Regarding SRD-funded research conducted within the Reserve, maintain communication with DNREC and, in a timely manner, supply the DNREC with copies of all progress reports, final reports, and data sets received by SRD; and 6. Establish an information exchange network cataloging all available research data and educational material developed on each Reserve included within NERRS. ARTICLE II: Real Property Acquired for the Purposes 2f the Reserv DNREC agrees that deeds for any real property that it acquires for the Reserve with federal funds under Section 315 of the CZMA will contain the language set forth in 15 CFR 921.21(e). ARTICLE III: Program Evaluation During the period that federal financial assistance is available for Reserve operations and management, OCRM will schedule, pursuant to 15 CFR 921.40, periodic evaluations of DNREC's performance in meeting the conditions of such awards and progress in implementing the Plan and the provisions of this MOU. Where findings of deficiency occur, NOAA may initiate action in accordance with the procedures established at 15 CFR 921.41. IN WITNESS THEREOF, the parties hereto have caused this MOU to be executed. NATIONAL OCEANIC AND STATE OF DELAWARE ATMOSPHERICA ADMINISTRATION FRANK MALONEY CHRISTOPHE A.G. TULOU ACTING DIRECTOR SECRETARY OFFICE OF OCEAN AND COASTAL DELAWARE DEPARTMENT OF NATURAL RESOURCE MANAGEMENT RESOURCES AND ENVIRONMENTAL NATIONAL OCEANIC AND ATMOSPHERIC CONTROL ADMINISTRATION U.S. DEPARTMENT OF COMMERCE 7/21/93 5/18/93 DATE DATE CAPT FRANCESCA M. CAVA DAVIS S. HUGG III CHIEF DIRECTOR SANCTUARIES AND RESERVES DIVISION MANAGEMENT AND OPERATIONS OFFICE OF OCEAN AND COASTAL OFFICE OF THE SECRETARY RESOURCE MANAGEMENT DELAWARE DEPARTMENT OF NATURAL ADMINISTRATION RESOURCES AND ENVIRONMENTAL NATIONAL OCEAN AND ATMOSPHERIC CONTROL U.S. DEPARTMENT OF COMMERCE 5/6/93 5/13/93 DATE DATE APPENDIX D DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY k 174 STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES ANo ENVtRONMENTAL CONTROL DIVISION OF SOIL AND WATER CONSERVATION 89 KINGs HIGHWAY P.O. Box 1401 OFFICE OF THE DOVER. DELAWARE 19903 TELEPHONE: (302) 739 - 441 1 DIRECTOR June 2, 1993 Mr. Lee E. Emmons DNERR Program Manager office of the Secretary Department of Natural Resources and Environmental Control 89 Kings Highway P.O. Box 1401 Dover, DE 19903 RE: DVERR Final Management Plan - DCMP Consistency Dear Mr. Emmons: The Delaware National Estuarine Research Reserve (DNERR) Final Management Plan was reviewed with regard to its consistency with Delaware's Coastal Management Program. Below is an analysis of the DNERR document as it relates to the management issues of the CMP document. Wetlands The DNERR project will be in compliance with the 10 policy statements in the Delaware CMP report. The DNERR project will not destroy any wetlands. A boardwalk has been constructed over a portion of wetland of which a permit from DNREC was obtained. Beaches and Shorelines The DNERR project will not effect the 14 policy statements found in the Delaware CMP document. The facility will be set back 200 feet from the nearest tidal wetland. None of the site's beaches will be disturbed. No jetties, piers, groins, breakwaters, seawalls, etc. are planned for this facility. Coastal Waters The DNERR program has been reviewed against all 33 policy statements concerning coastal waters found in the Delaware CMP document. The DNERR project will be in compliance with all 33 policies. Ve4l@a@@',t Lee E. Emmons June 2, 1993 page 2 Underwater Lands and the Coastal Strip The proposed DNERR facility will be located within the "coastal strip" or Coastal Zone as defined in Title 7, Chapter 70 of the Delaware Code. However that State law only regulates heavy industrial uses, manufacturing uses, and bulk product transfer facilities. The proposed DNERR facility is none of the three. It is a public education and research facility. Therefore, it is not regulated by the Delaware Coastal Zone Act and requires no permit. Thus, the DNERR project is completely consistent with that portion of the Delaware CMP. The DNERR boardwalk included a dock which required a subaqueous lands lease that was obtained from DNREC. Erosion, and Sediment and Stormwater Management The DNERR project will require a Sediment and Stormwater Management Plan Approval prior to any construction. The property owner is responsible for acquiring this approval from the Division of soil and Water Conservation of DNREC. The program manager of the DNERR project will comply with this requirement. Other Concerns The DNERR project is in compliance with the policy statements found in Sections 5B, 5C, and 5D of the DCMP, including the agricultural lands section. The facility will require a State permit for an on-site septic tank and drain field. In addition, a State permit will be required for the public drinking water well. These two permits will be acquired as the project approaches the construction phase. obviously, the facility cannot be constructed without these two permits. Obtaining these two permits will be the responsibility of the contractor. In summary, The Delaware National Estuarine Research Reserve Final Management Plan is consistent with the Delaware Coastal Management Program. If you require any further assistance or information concerning this matter please do not hesitate to contact me. sin ly, ,were t -(-.I arah G. Cooksey Program Administrat Delaware Coastal Mana @ent Program APPENDIX E NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM PROGRAM REGULATIONS 15 CFR Part 921 177 Monday July 23, 1.990 p2rt 11 Department. of erce. 44 Oceanic -and Atmospheric* Admli"_.atlon IS CFR Part 921 Madonal -Estuarine 'Reserve Research --SyxWsn Program Roguktions; hftdm Fdw A 299-40 Federal Register/Vol.55. No. 141/ Monday, July 23, 1990/Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospherica Administration 15 CFR Part 921 (-------No. 70874-0133) National Estuarine Reserve Research System Program Regulations AGENCY: Office of Ocean and Coastal Resource Management (OCRM) National Ocean Services (NOS) National Oceanic and Atmospheric Administration(NOAA) Department of Commerce ACTION: Interim final rule. SUMMAR: The regulations revise existing rules for national estuarine reserves in accordance with the Coastal Zone Management Reauthorization Act of 1985 (title IV, subtitle D. Pub. L 99- 272) and recommendations contained in the U.S. Department of Commerce, Office of Inspector General Report No. --726-5-010, "Opportunities to Strengthen the Administration of the Estuarine Sanctuary Program, "Effective wit the signing of Public Law 99-171 on April 7, 1986, the name of the Estuarine Sanctuary Program changed to the National Estuarine Reserve Research System Program; estuarine sanctuary sites are now refered to as national estuarine research reserves. These regulations revise the process for designation of research reserves. Greater emphasis is placed on the use of reserves to address national estuarine research and management issues, and to make maximum use of the System for research purposes through cooridation with NOAA and other Federal and state agencies which are sponsoring estuarine research. Additional emphasis is also given to providing financial assistance to states to enhance public awareness and understanding of estuarine areas by providing opportunities for public education and interpretation. The regulations provide new guidance for delineating reserve boundaries and new procedures for arriving at themost effective and least costly approach to acquisition of land. Clarifications in the total amount of financial assistance authorized for each national estuarine reserve and criteria for withdrawing the designation of a reserve have also been added. DATES: Effective Date: These interim final regulations are effective July 23, 1990. Comments: Comments are invited and will be considered if submitted on or before September 21, 1990. ADDRESSES: Mr. Joseph A. Uravitch, Chief: Marine and Estuarine Mangement: Division: Office of Ocean and Coastal Resource Management NOS/NOAA; 1825 Connecticut Avenue NW Suite 714; Washington, DC 20235. (202)673-5126 FOR FURTHER INFORMATION CONTACT: Mr. Joseph A. Uravitch. (202) 673-5126 SUPPLEMENTARY INFORMATION: I. Authority This notice of Interim final rulemaking is issued under the authority of secion 315(a) of the Coastal Zone Management Act of 1972 as amended, 16 U.S.C. 1461 (the Act). The National Estuarine Reserve System has been operating under regulations published June 27, 1984 (49 FR 26510). II General Background On October 28, 1988 (53 FR 43816) NOAA published proposed regulations for continued implementation of the National Estuarine Reserve Research System (NERRS) Program pursuant to section 315 of the Act, 16 U.S.C. 1461. Written comments were accepted until December 30, 1988. These comments have been considered in preparing these final regulations. A summary of the significant changes to the proposed regulations is presented below. These interim final regulations establish the Program's mission and goals and revise procedures for selecting, designating and operating national estuarine research reserves. III. Changing the Name and Emphasis of the Program The 1965 Coastal Zone Management Act and its amendments established the National Estuarine Reserve Research System (System). The System consists of (1) each estuarine sanctuary designated prior to April 7, 1986 which is the date of enactment of the Coastal Zone Management Reauthorization Act of 1985, and (2) each estuarine are designated after the Act. The term estuarine sanctuary no longer appears in regulations; the term research reserve or reserve appears in its place. The Mission Statement for the System is much the same as for the National Estuarine Sanctuary Program which existed prior tothe 1965 amendments. However, the goals for the National Estuarine Reserve Research System stress the use of reserve sites for promotion and coordination of estuarine research on a national level as the highest priority and reason for establishing the System. The protection and management of estuarine areas and resources are clearly intended to support the research mission not as ends in themselves. Consultation by the Secretary with other Federal and state agencies to promote use of one or more reserves within the System by such agencies when conducting estuarine research is also a clearly defined goal of the System. The regulations also emphasize the use of a reserve's national resources and ecology to enhance public awareness and understanding of estuarine areas, and to provide suitable opportunities for public education and interpretation. This education goal has been elevated to become one of the essential criteria for designation of a reserve. IV. Revisions of the Procedures for Selecting, Designating and Operating National Estuarine Resource Reserves (A) Revision of Designation Criteria. The Coastal Zone Management Reauthorization Act of 1985 established for the first time statutory criteria for designating an area as a national estuarine research reserve. An area may be designated by the Secretary of Commerce as a national estuarine research reserve if: (1) the Governor of the coastal state in which the area is located nominates the area for that designation; and (2) the Secretary finds that; (A) the area is a representative estuarine ecosystem that is suitable for long-term research and contributes to the biogeographical and typological balance of the System: (B) the law of the coastal State provides long-term protection for reserve resources to ensure a stable environment for research. (C) designation of the area as a reserve will serve to enhance public awareness and understanding of estuarine areas, and provide suitable opportunities for public education and interpretation; and (D) the coastal state in which the area is located has complied with the requirement of any regulations by the Secretary to implement this section. Some of these criteria for designation are either new or substantialy more specific than those contained in the former regulations the Governor of a coastal state must nominate an estuarine area for designation and findings are required that the law of the coastal state provides long-term protection for reserve resources to ensure a stable environment for research and that designation of the area will serve to enhance public awareness and understanding of estuarine areas. The criteria in the existing regulations have been revised accordingly. Federal Register/Vol.55 No. 141/Monday July 23, 1990/Rules and Regulations (B) Revision of Site Criteria and Procedures. The criteria for selecting an estuarine area for designation as a national estuarine research reserve have been expanded to provide guidance for determining boundaries for the proposed site. The Office of Inspecotr General Report No. F-725- 5-010 criticized the ----of specific guidelines for setting limits on boundaries ground estuarine sanctuaries to ensure that only land essential to the mission of the program be included inside the sanctuary. References in the existing regulations to ensure that the boundaries encompass an adequate portion of the key land and water areas of the natural system to approximate an ecological unit are too vague. The proposed regulations define key land and water areas as a "core area" within the reserve which is so vital to the functioning of the estuarine ecosystem that it must be under a level of control sufficient to ensure the long-term viatility of the reserve for research on natural processes. The determination of key land and water areas must be based on scientific knowledge of the area. The concepts of a "buffer" zone to protect the core area and provide additional protection for estuarine-dependent species has also been defined in the regulations. The buffer zone may include an area necessary for facilities required for research and interpretation, and additionally, to accommodate a shift of the core area as a result of biological ecological or geomorphological change which reasonably could be expected to occur. State will be required to use scientific criteria to justify the boundaries selected for a proposed site. The information requirements for NOAA approval of a proposed site under existing regulations were confusing and now have been clarified. NOAA has recognized the need to conduct studies to develop a basic description of the physical chemical, and biological characteristics of the site. As a result states may now be eligilble for Federal funding of these studies after NOAA approval of a proposed site. (C) Management Plan Development. Once NOAA approves the proposed site and decides to proceed wit designation the state must develop a draft management plan. The contents of the plan including the memorandum of understanding (MOU) between NOAA and the state, are specified in teh regulations. The acquisition portion of the plan has been greatly expanded to imlement recommendations in the Office of Inspector General Report No. F-726-5-010. It is proposed that states be required to justify the use of fan simple acquisition methods and make greater use of non-fee simple methods to conserve expenditure of funds. For each parcel, both in the core area and the buffer zone, states must determin,, with appropriate justification (1) the minimum level of control(s) requied, (2) the level of existing state control, and (3) the level of additinal state control(s) required; states must also examine all reasonable alternatives for attaining the minimum level of long-term control required which is sufficient to meet the statutory requirement that "the law of the coastal state provides long-trm protection for reserve resources to ensure a stable environment for research. See 16 U.S.C.-1461(b)(2)(B). (D) Financial Assistance Awards for Site Selection and Post Site Selection. The first of five types of awards under the National Estuarine Reserve Research System is for site selection and post site selection which includes preparation of a draft management plan (including MOU) and the collection of information necessary for preparation of the environmental impact statement. The maximum total Federal share of these awards has been raised to $100,000 as described in - 921.-. Of this amount up to $35,000 may be used to conduct the site selection process as described in -921.11. after NOAA's approval of a proposed sits and decision to proceed with the designation process, the state may expend (1) up to $40,000 of this amount to develop the draft management plan and collect information for preparation of the environmental impact statement; and (2) up is the remainder of available funds to conduct studies to develop a basic description of th ephysical, chemical, and biological characteristics of the site. (E) Financial Assistance Awards for Acquisition, Development and Initial Management. The regulation divide eligibility for financial assistance awards for acquisition and development into two phases, in the initial phase state are working to meet the criteria required for formal research reserve designation, -- establishing adequate state control over key land and water areas is accordance with the draft management plan and preparing a final management plan. In this predesignation phase, funds are available for acquiring interest in land, which is the primary purpose of this award and for minor construction (e.g. natur trails and boat ramps), preparation of architectural and engineering plans and specifications, development of the final management plan, and hiring a reserve manager and other staff as necessary to implement the NOAA approved draft management plan. The length of time for this initial phase of acquisition and development may be up to three years. After the site receives Federal designation as a national estuaine research reserve, the state may request additional financial assistance to acquire additional property interests (e.g., for the buffer zone), for construction of research and interpretive facilities, and for restorative activities in accordance with the approved final management plan. The Coastal Zone Management Reauthorization Act of 1985 specifies that the amount of financial assistance provided with respect to the acquisition of land and waters, or interests therein, for any one national estuarine research reserve may not exceed an amount equal to 40 per centum of the costs of the lands, waters, and interests therin or $4,000,000 whichever amount is less. The amount of Federal financial assistance provided under the regulations for development costs directly associated with major facility construction (i.e. other than land acquisition) for any one national estuarine research reserve most not exceed 50 per cuntum of the costs of such construcitn of $1,-00,000 whichever amount is less. (F) Financial Assistance Awards for Operation and Management. The amount of Federal financial -----tance available to a state to manage the reserve and operate programs consistent with the mission and goals of the National Estuarine Reserve Research System has been raised from $30,000 to $70,000 for each twelve month period. Up to ten per cent of th total award (Federal and state) each year may be used for construction type activities. (G) Financial Assistance for Research. The Coastal Zone Management Reauthorization Act of 1965 specifically affects the conduct of the System's research program by establishing the requirements for developing Estuarine Research Guidelines for the conduct of research within the system and specifying what these guidelines shall include. The legislation also requires the Secretary of Commerce to require that NOAA in conducting or supporting estuarine 299-12 Federal Register/ Vol.55. No. 141/ Monday, July 23, 1990/ Rules and Regulations research give priority consideration to research that uses reserves in the System and that NOAA consult with other Federal and state agencies to promote use of one or more reserves by such agencies when conducting estuarine research. The research guidelines, which are referred to in the regulations but are ont part of them state that NOAA will provide research grants only for proposals which address research questions and coastal management issues tha have highest national priority as determined by NOAA in consultation wit prominent members of the estuarine research community. One significant addition to the regulations is that researach awards are available on a competitve basis to any coastal state or qualified public or private person, thus making it possible for public or private persons, organizations, or institutions to complete with coastal states and coastal state universities for NOAA research fundin to work in research reserves. (H) Financial Assistance for Monitoring. The Coastal Zone Management Reauthorization Act of 1985 authorizes the award of grants for the purposes of conducting research and monitoring. While objectives in estuarine research and estuarine monitoring are mutually supportive, monitoring. While objectives in estuarine research and estuarine monitoring are mutually supportive, monitoring is generally designed to provide information over longer time frames and in a different spatial context. Consequently a separate subpart addressing specifically the development and implementation of monitoring projects has been included in the regulations. (1) Financial Assistance Awards for Interpretation and Education. The Coastal Zone Managemen Reauthorization Act of 1965 authorizes the award of grants for the purposes of conducting educational and interpretive activities. To stimulate the development of innorvative or creative interpretive and educational projects and materials which enhance public awareness and understanding of estuarine areas, the regulations provide for funds to be available on a competive basis to any coastal State entity. These funds are provided in addition to any other funds available to a coastal state under these regulations. Categories of potential educational and interpretive projects include: (1) Design, development educational distribution/placement of interpretive or educational media (i.e. the development of tangible items such as exhibits/displays, publications, posters, signs, auio-visuals, computer software, and ---- which have an educational or interpretive purpose, and techniques for making available or locating information concerning reserve resources activities, or issues): (2) Development and presentation of curricula, workshops, lectures, seminars, and other structured programs or presentations for on site facility or field use: (3) Extension/outreach program; or (4) Creatve and innovative methods and technologies for implementing interpretive or educational projects. Interpretive and educational projects may be oriented to one or more research reserves or the entire System. Those projects which would benefit more than one research reserve, and it practical, the entire National Estuarine Reserve Research System shall receive priority consideration for funding. V. Summary of Significant Comments on the Proposed Regulations and NOAA's Responses NOAA received comments from 16 sources. Reviewers included Federal and state agencies, academic institutions, an the National Estuarine Research Reserve Association. The comments of the National Estuarine Research Reserve Association (NERRA) are a summary of comments submitted to NERRA by most of the managers of the existing and proposed national estuarine research reserves. All comments received are on file at the Marine and Estuarine Management Division, Office of Ocean and Coastal Resource Management and are available at that office for review upon request. Each of the major issues raised by the reviewers has been summarized and NOAA's responses are provided under the relevant subheading in this section. General: Three reviewers recommended that more emphasis be placed on developing an information network among research reserves and between research reserves and research and educational groups and institutions. Two of these reviewers noted the absence in the proposed regulations of a paragraph which had addressed th is subject in the existing regulations [49 FR 26502, June 27, 1964]. The deleted paragraph concerned the development and Federal administration of a research and education information exchange network for the System. Response: NOAA agrees. The section referring to information exchange between NOAA and the Reserves has been reinstated in $921.1(h). Specific: Section 921.1-Mission Goals, and General Provisions Proposed $921.1(c)-One reviewer: suggested the deletion of the first sentence of this provision which states, "National estuarine research reserves shall be open to the public." This reviewer noted that in multiple component reserves some components may not be appropriate for general public access; either because of the purpose or emphasis of management at that site (e.g., research) or due to the limited interest which the managing entity has in the component (e.g., a conservation easement which does not provide for unlimited public access). This reviewer expressed concern that state denial of general public access at such components of a reserve could be challenged on the basis of this provision. Response: Consistent with the goal of the National Estuarine Reserve Research System to "enhance public awareness and understanding of the estuarine evnironment and provide suitable opportunities for public education and interpretation," public aaccess should be allowed to the greatest extent possible permitted under State and Federal law within national estuarine research reserves shall be open to the public", doesn ot require tht all components of a multi- component reserves or the entire area within teh boundaries of a single component reserve be open to the general public, unconditionally. The last sentence of $921.1(c) reads "Consistent with resources protection and research objectives, public access may be restricted to certain areas within a research reserve. Where unconditional public access isn ot consistent with resource protection and research objectives as stated in the approved management plan (e.g., public access would interfere with reserve research or is likely to diminish the value of reserve resources for future research) it must be limited accordingly. Just as certain areas are identified in reserve management plans as beingmore or less sensitive to public access impacts in single component reserves, the same is true of components in multi-component rserves, the same is true of components in multi-component reserves. Frequently in management plans for multi-component reserve one or more components will be identified as thos for which the relative as those for which the relative management emphasis will be public education and interpretation. Similarly, other componentt are identified as those which emphasize research and resource protection. Proposed $921.1(d) and $921.1(e)-Seven reviewers commented on these plrovisoins. These comments ranged from one sentence requesting clarification to approximately six pages of comments dedicated to these provision alone. These comments also ranged from expressing concern or objection regarding the proposed . Limitations on habitat manipulation to suggesting a more restrictive approach support for an outright prohibition on habitat manipulation, whether for management or research, except for restoration activities where such resotration can avoid long-term adverse impacts. Another reviewer commented extensively on this provision; expressing strong objections to a prohibition on habitat manipulation activities for management purposes. This reviewer stated that the "preservation" of a habitat requires active management involving habitat manipulation. One reviewer requested clarificatin of the difference between restoration activities and habitat manipulation for research ormanagement purposes. One reviewer suggested criteria for assessing the degree of "manipulation" a proposed research project may involve. One reviewer requested clarification of the instant of this provision and how it may apply to: (1) actions necessary to protect public health: (2) portection of existing species; and (3) allowances for restorative activities for historical preservation. One reviewer stated that whatever type of habitat manipulation determined allowable by NOAA, day to-day site management decisions are best made by the professional staff of each reserve. One reviewer requested clarification of the intent of this provisions and of the differences between bahitat manipulation for research, habitat manipulation for management, and habitat minipulation for restoration. This same reviewer stressed the primary importance of the ecological and representative integrity of a reserve. Response: The mission of the National Estuarine Reserve Research System, as stated in $921.1(a), "is the establishment and management through Federal-state coooperation of a national system of estuarine research reserves representative of the various regions and estuarine types in the United States"(emphasis added). The first Secretarial finding required for designation of an estuarine area as a national estuarine reserve under section 315(b)(2)(a) of the Act, 16 U.S.C. 1461 (b)(2)(A), is that "the area is a representative estuarine ecosystem that is suitable for long-term research and contributes to the biogeographical and tpoiogical balance of the System" (emphasis added). The primary intent of $921.1(d) and (921.1(e) is to restrict and allow activities involving habitat manipulation to the degree necessary to ensure that reserves are and continue to be, representative estuarine ecosystems. It is this mission and requirement of the statute that the System goals of $921.1(b) are meant to support. This mission and requirement of the statute, is the foundation upon which the Systems is built the primary basis on which estuarine areas are selected and designated as reserves and the underlying principle with which all other aspects of reserve development and operation must be consistent. As one reviewer stated, in no case should the ecological or representative integrity of a reserve be comprised. Habitat maniputlation activities conducted for a purpose other than (1) restoring the representative integrity of a reserve or (2) estuarine reserach are not consistent with this requirment of the statute or the mission of the System. A reasonable limitation on the nature and extent of habitat manipulation activities conducted as a part of estuarine research is necessary to ensure that the represenative integrity of a reserve is protected. Likewise, reasonable exception to these limitations on habitat manipulation activities are appropriate for reasons of public health and the protectio of other sensitive resources (e.g., endangered/threatened wildlife and isgnificant historical and cultural resources). If habitat manipulation is determined to be necessary in such a casse, then such activities shold be limited so as not to significanlty impact the representative and ecological integrity of the reserve. Contrary to the assertion of one reviewer, the intent of designating and managing a research reserve in not to"preserve" that particular habitat in a stasis condition. Estuarine ecosystem are naturally dynamic habitats which we have yet to fully undestand. NOAA's intent in designating estuarine areas as national estuarine research reservees is to protect the representative character of each individual reserve and thereby establish a national system of estuarine areas representative of the biogeographic regions and esturine types of the United States. These representative estuarine research reserves then provide opportunties for long-term research, education, and interpretation. Generally, it is NOAA's belief that given the less-than perfect state of knowledge regarding both the functioning of estuarine ecosystems and the effects of natural and anthropogenic change that manipulation should be carefully limited within estuarine research reserves. Outside the context of a carfully planned, and peer reviewed, research or restoratoin activity, NOAA believes that habitat manipulation for management purposes involves a significant rish to the representative integrity and character of a national estuarine research reserve. As a result, the parase in the proposed regulations "habitat manipulation for resource management purposes" is intended to mean habitat management for the promotion of a paticular species or habitat, or for some purpose other than research involving or retoration of a representative "natural" estuarine ecosystem. NOAA acknowledges that much research involves some degree of manipulation of the resource(s) and habitat(s) which are the subject of study. In this regard, reserves are not intended to be "control" habitats only, and some degree of habitat manipulation is recognized as an essential aspect ofm uch important estuarine research. However, research activities conducted within a reserve sholdn ot involved manipulative activities that, because of their nature or extent, would isgnificantly impair the "natural" representative value(i.e., representative character) of the reserve. NOAA ---- acknowleddges that restoration efforts may inivolved extensive habitat manipulation activities. May estuarine areas have undergone some ecological change as a result of human activities (e.g., hydrological changes intentional/unintentional species composition changes- introduced and exotic species, etc). In those areas designated as national estuarine research reserves, such changes may have diminished the representative character and integrity of the site. Where restoration of such degraded area is determined necessary within the contect, such activities must be carefully planned. Much research is necessary to determine the "natural" representative state of an estuarine area(i.e., an estuarine ecosystem minimally effected by human activity or influence). Frequently , such restoration activities provide excellent opportunities for management oriented research. In response to reviewers requests for clarification and consistent with the response provided above, $921.1(d) and 299-44 Federal Register/ Vol. 55, No. 141/ Monday, July 23, 1990/Rules and Regulations $921.1(e) have been revised appropriately. Proposed $921.-(-(1) One reviewer: recommended that a formula be established that would "pre-determine the minimum level (percentage) of funds that would be set aside within the total (System) bedget for specific categories (Research Education, MOnitoring, Operation/Management, Acquisition, and Deveopment). "In addition, this same reviewer recommended that the allocatoin of acquisition/development funds shold be made on the basis of greatest need measured against predetermined criteria. Response: NOAA acknowledges that under certian conditions establishment of predetermined percentages for allocating funds among programmatic categories could provide greater predictability in the distribution of Federal funds among reserves. However ,the advantages of such an approach depend on a predictability in both the level of annual appropriations as well as major acquisition and development needs for the Reserve system. The undertainties in appropriation levels and acquisition needs are sufficient enough to make an allocation formula among the six major funding categories (research, education, monitoring, predesignation, acquisiton/development, operations) unfeasible. NOAA attaches primary importance to long term support for the operational needs at each reserve as described in $921.32 of these regulations, and to fulfilling the research, educatin and monitoring objectives of the program unlimited eligibility for these for the awards.(2) Four reviewers expressed concern or objection to limiting the funding eligibility of any one reserve under any type of award, particularly operation/management awards. These reviewer's comments ranged form general concern to recommending that all funding copas be removed from all types of awards. These reviewers also stated their general concern regarding a perceived lack of long term Federal financial commitment to the System. Response: Annual appropriations are limited, not unlimited. Funding eligibility limits for each reserve have been established in regulations only where determined appropriate and necessary for the establishement and on-going support of themission and goals of the System. These regulations establish annual eligibility limits for operations ($70,000 per year, per reserve) and program LIfe limits for site acquisition ($4 mission per reserve). Funding eligibility limits have not been established for research, monitoring, and education grant funds. See subparts F.G.H. Site acquisition limits are statutory (16 U.S.C. 1461 (e)(3)(A)) Funding limits ensure that some funding is available for those types of awards which support most directly the omission and goals of the System (i.e., generally, after designation of a reserve the compentive awards). As importantly, funding limits are necessary to ensure that available funds are awarded in a relatively fair and proportional manner among national estuarine research reserves. In the absence of such limits, one or a few research reserves cold receive the bulk of available funds at the expense of all other reserves. These limits prevent such a substantially disproportionate distribution of limited funding. At present, some of the existing research reserves in the System are approaching the eligibility limits for acquisition and facility development awards while most have received less than 50 per cent, and a number less than 25 per cent of the eligibility limits of these type of awards - a difference between these categories of approximately one to three million dollars. These differences are justifiable on the basis of relative need, reserve size, property values, construction costs, etc. A greater difference in relative allocatin of funds between reserves would favor disproportionally some resers and as a result be detrimental to the System as a whole. Eligibilitylimits are established for the purposes noted above and not to unreasonably restrict a research reserve from access to available Federal funds. On the basis of NOAA's experience in administering Federal financial assistance for the System and because of comments from many research reserve, the elligibility limit for operation/management awards was raised to a maximum of $70,000 per site per year in response to comments on the proposed regulations, the eligibility limit for major facility construction has been raised 50 per cent in these final regulations (see response under proposed $921.31 below). Proposed $921.1 (g) - One reviewer disagreed with the requirments that land already in a protected status can be included within a reserve only if the managing entity commits to long-term non-manipulative management. Responses: NOAA believes this requirement is necessary consistent with the mission and goals of the System. Essentially this same subject is discussed in the responce to comments on proposed $921.1(d) and $921.1(e). In order to clarify the intent of this provision, NOAA has revised this sentence to include a reference to the revised $921.1(d) and $921.1(e). Section 911.2-Definitions Proposed $021.2(b) - It was noted that the Secretary of Commerce recently designated authority for matters relating to National Estuarine Research Reserves to the Under Secretary for Oceans and Atmosphere. Responses: NOAA agrees with the recommended modification and has changed references from the Assistant Administrator to the under Secretary throughout. Proposed $91.2(d) - One reviewer recommended a modification to the second sentence of the definition of esttuary to include the term measurable dilutd with freshwater rather than minimally diluted. Response: NOAA agrees with the recommended modification the recommended term "minimal" should be the term "measurable". The definition has been changed accordingly. Proposed $921.2(e)- Five reviewers stated that some confusion has resulted in the reversed order of ther terms research and reserve in the name of the System, National Estuarine Reserve Research System, and the name of each individual reserve, national estuarine research reserve. Responses: NOAA acknowledges that some confusion has arisen as a result of this difference. However, this is statutory language which only can be changed by amending the Act. Section 921.4-Relationship to Other Provisions of the Coastal Zone Management Act. It was noted that the existing program regulations describe this section as "Relationship to other provisions of the Coastal Zone Management Act and to the National Marine Sanctuary Program". Text describing the relationship between the Reserve and Sanctuary Programs was omitted. New marine sanctuaries and estuarine research reserves are being designated in close geographic proximity to one anotehr and therefore improved coordination between the two programs is warranted. Responses: NOAA agrees. The revision of the Section heading and text shold be adopted and strengthened. The omission of this information from the proposed regulations was an oversight. The Section heading and text have been revised appropriately. Section 921.10-General Proposed $921.10(a) - Five reviewers objected to two ormore states which share a biogeographic region being limited to the development of a single reserve, even if it was a multicomponent reserve with components in each respective state (e.g., Maryland and Virginal in the Chesapeake Bay subregion of the Virginia beiogeographic region). These reviewers specifically objected to the eligibility limit on land acquisition funding (see $921.70(b) and (921.20) as it applies to any individual reserve, single or multiple component. Response: NOAA agrees. Some of the System's biogeographic subregions are represented by more than one reserve in more than one state. As a result, inthe case of a biogeographic region (see Appendix 1)shared by two or more states, each such state should be eligible for Federal financial assistance to establish a national estuarine research reserve within their respective portion of the shared biogeographic region. Section 921.10(a) has been amended to reflect this revision. Because of this revision, the phrase which begins "In the case of a multicomponent national estuarine----in $921.1(a), $921.31, and $921..32(c) is no longer necessary and has been deleted. Proposed $921.10(b)-Two reviewers commented that NOAA should consider a higher elligibility limit or relative greater funding for awards to multicomponent reserves than to single component reserves. Response: NOAA disagrees. Funding for the System is limited. A State elects to establish a mult-component reserves or expand a single component reserve with full knowledge of the identical eligibility limits on my individual reserve, whether single or multiple component. Establishing separate funding eligibility limits for, or disproportianlly funding, multicomponent reserves would be likely to have a significant adverse impact on single component reserves and as a result the System as a whole. Futher, acquisition and development funds are limited by the Act. Section 921.11-Site Selection Proposed $921.11(c)(2)-One reviewer recommended that the last sentence be revised to eliminate reference to "a natural system." Response: NOAA agrees that a minor revision is necessary to clarity the intent of this sentence. The sentence has been revised in a manner consistent with corresponding clarifying revisions to $921.1(d) and $921.-(e). Proposed $921.11(c)(-)-Three reviewers commended areas or zones. Two of thse reviewers recommended deleting the concept of a buffer area. The remaining reviewer recommended extensive revisions to the subsection to provide guidance on where habitat manipulation would be allowed. Response: After careful review of this subsection. NOAA does not believe that the buffer zone concept should be deleted or that substantive revisions are appropriate. The basis approach presented is sound. A critical concept and distinciton between the two areas which may have been overlooked is that key land and water areas ("core") and a buffer zone will likely require significantly different levels of control (see $921.13(a)(7)). In addition to the basic principles established in the regulations. NOAA has developed more detailed boundary guidance which is available to states attempting to conduct the difficult process of boundary delineation of a proposed site. Proposed $021.11(c)(5)-One reviewer recommended amending this site selection principle to include "the support of ongoing or planned management activities in nearby estuaries, including these in the National Estuary Program." Response: NOAA considers $921.11(c)(5) to encompass this concern in that the State is required to demonstrate how the proposed site is consistent with existing and potential land and water uses. Both the designation by NOAA of a reserve under the Act and management plans developed through the National Estuary Program of the U.S. EPA are submitted to the States for a determination of consistancy under secion ---(c)(1) of the Coastal Zone Management Act of 1972 as amended. NOAA ------ this ------- -- an effective means for ensuring that reserves support and advance the relevant coastal and estuarine management objectives including those of the National Estuary Program. Therefore, $921.11(c)(5) has been amended to make more specific our intent that the site support estuarine management objectives. Section 921.12-Post Site Selection Proposed $921.12(a)-Two reviewers recommended a separate type of award for monitoring that would provide long-term monitoring that would preside long-term support for these activities. Response: NOAA agrees. A new subpart G-Monitoring has been added to the regulations (subparts G and H of the proposed regulations being relettered as subparts H and I, respectively; and the section number being renumbered accordingly), initial funding for basic characterization of the physical, geological, chemical, and biological characteristics of the site will continue to be provided under $921.12-Post site selection. In addition, however, under the new subpart G,NOAA may provide financial assistance on a competitive basis for each parase of a monitoring program. These grant awards will be separate from those provided for estuarine research under subpart F. Section 921.13-Management Plan and Environment Impact Statement Development Proposed $921.13(a)(7)-Three reviewers provided comment on the acquisition plan guidance of this subsection. Two reviewers requested additional guidance on what constitutes "adequate state control" and commented that the requirement to assess the coat effectiveness of control alternatives is excessively burdensome. The remaining reviewer stated that having four million dollars in funds available for land acquisition is not consistent wit the requirement to conduct an assessment of the cost effectiveness of acquisition alternatives. Response: What constitutes "adequate State control" is dependent on site specific circumstances and requirements. The most efficient use of available acquisition funds can only be ensured through the ---------------------of reasonable control, or acquisition alternatives and an assessment of their relative cost and affectiveness. This does not necessarily mean that the ---- costly ------ in dollars in the alternative that must be selected. It does mean, however, that all reasonable control alternatives should be thoroughly examined and their relative costs identified. The development of an acquisitoin plan is an allowable cost (Federal or matching share). Four million dollars is not "available," but is the eligibility limit for land acquisition funds for any one reserve. Regardless of the amount of funding available for land acquisition, a thorough assessment of acquisition alternatives and their cost effectiveness is necessary to ensure responsible and efficient use of Federal grant funds. At a minimum, the degree of state control must provide adequate long-term protection to ensure for reserve resources a stable environemnt for research. Proposed $921.1-(a)(11)-One reviewer stated that NOAA's responsibility to make a consistency determination should be made clear ealy in the regulations. Response: NOAA agrees. A reference subsection to clarify NOAA's consistency determination responsibilities early in preparatino of the management plan. 299-46 Federal Register/Vol. 55. No. 141 / Monday, July 23, 1990/ Rules and Regulations Section 921.20-General Proposed $921.20-Two reviewers requested a clarifying revision to the last sentence of this subsection; the addition of the phrase "to a coastal state." Response: NOAA agrees and the section has been revised accordingly. Section 921.31(e)-Initial Acquisition and Development Awards Two reviewers provided comment on this section. The first reviewer requested clarification that the provisions regarding de-designation of a site applies only to properties acquited with Federal funds. The second reviewer stated that the provision to compensate the Federal government for its share of the acquisition cost in the event of dedignation may be contrary to overall coastal protection objectives because the state may have to sell the property to development iterests in order to fully compensate the Federal interest. Response: NOAA does not believe additional clarification is necessary. This subsection states specifically that these provision apply to "any real property acquired in whole or part with Federal funds...." The second commenter acknowledges correctly that these requirements are designed to accomplish the goals of the National Estuarine Research Reserve System and that this provision helps ensure that reserves maintain the standards ----- established for the system and, if they do not, that a percentage of the fair market value is available to other reserves. It should also be noted that these provisions are not new and have been in place since the inception of the Reserve program through grant directives contained in OMB Circular A-102. The provisoins in the Reserve regulations are taken directly from the A-102 Circular and apply to all real property acquired in whole or part with Federal funds. It should also be noted that there are other alternatives aside from sale of the property. In the event of de-designation the state may retain title or transfer title to the Federal government. In these instances it is likely that the resources of the reserve could continue to be protected. While none of these alternatives are inexpensive they do, as noted by the commenter, help ensure that the site continued to be managed and maintained in conformance with research goals and objectives. Section 921.30-Designation of National Estuarine Research Reserves Proposed $921.30(c)-Two reviewers provided comments on the designation criteria listed in this subsection. One reviewer recommended a change in (a)(4) at variance with the Act. The addition to the designation findings to include a requirement that, in this case of a State which contains, in whole or part, a national estuary program convened pursuant to section 320 of the Clean Water Act suitable consideration has been given to integration of research and public education programs of the estuarine research reserve and the national estuary program. It has also been noted that the final management plan as the governing document for subsequent operations and management of the reserve should contain the signed designation findings. Subpart (a) of this section should also be revised to show that the Under Secretary is responsible for designation of reserves in accordance with the delegation of that authority with the delegation of that authority from the Secretary of Commerce. Response: The terms for designatin of a National Estuarine Research Reserve are set forth in the statute. NOAA agrees that research and education programs should be integrated between Environmental Protection Agency's National Estuary Program and NOAA's National Estuarine Reserve Research System. This effort has already been initiated through a memorandum of ----- understanding between the programs at the National level and is being pursued at the local level, where appropriate. Therefore, NOAA believes it does not require restatement in the program regulations. However, NOAA agrees that the management plan should contain the findings of designation and the regulations should show that the Under Secretary is resonsible for designation. The regulations have been revised accordingly. Section 921.31-Supplemental Acquisition and Development Awards Proposed $921.31-Four reviewers expressed concerns that the eligibility limit of $1,000,000 in Federal financial assitance for facility construction may not be adequate to meet anticipated long term needs and should be increased or eliminated. Response: NOAA agrees. The eligibility for facility construction has been increased 50 percent to $1,500,000. Section 921.32-Operation and Management Implementation of the Management Plan Proposed $921.32(a-d)-Seven reviewers objected to the eligibility limit on operations and management awards. They noted that the statue contains no provisoin for withdrawal of Federal support for continued operation of the reserves. The termination of Federal support for the individual sites is viewed as a lack of Federal commitment to the long-term maintenance of a representative system of estuarine research and education sites. Responses: The Reserve Program was designed and continues to be a State-Federal partnership. The key to this partnership is the requirement that NOAA share with the Statee reserve program the financial needs associated with site designation, land acquisition, research, education, and operations. As discussed previously, appropriate eligibility limits ensure that funding is available for competitive research education and monitoring awards. If as some reviewers suggested, NOAA removed the annual monetary ceiling for operations and other awards an inequitable and disaproportionate distribution of the limited funds for the program could result. Annual operational eligibilit limits in addition to ensuring the availability of funds for competitive projects provide a stability and even distribution among designated and developing reserves. Consequently NOAA is retaining the eligibility limit of $70,000 for operations and management per site per year. NOAA concurs with the reviewers assertion that the statute does not direct the Federal Government to abandon its support and financial commitment to reserve operations at the conclusion of a prescribed period of time or when an arbitrary cumulative funding ceiling for Federal support of operations has been met. By imposing a fixed duration for Federal support of Reserve operations NOAA may undermine its ability to participate effectively with the Reserve system to address coastal and estuarine management issues of national significances. The previously proposed three year support per position allocated through a $420,000 operations ceiling also established a complet and burdensome administrative process which is further complicated when allocated among Reserves which have already recieved operations support, and the newly designated sites which have yet to receive such support. To simplify, streamline and improve NOAA's effectiveness in support of Fedeal Register/ Vol. 55 No. 141/ Monday, July 23, 1990/ Rules and Rgulations 29947 Reserve operations, the three year restriction and other references to cessation of Federal support for operation and management at the reserves have been removed throughout the regulations. Section 921.33-Bundary Changes, Amendments to the Management Plan, and Addition of Multiple-site Components Proposed $921.33(c)-One reviewer recommended deletion or substantial modifications of this subsection to recognize the State's right and ability to appropriately plan and legislate its legal charge-the research reserve. In summary, this reviewer objected to NOAA's approval authority/ requirement for activities discussed in this subsection. The reviewer suggested that is should be sufficient if the State provides NOAA an opportunity for review and comment on proposal changes. Responses: NOAA disagrees. NOAA is responsible for Federal oversight of the System for Federal oversight of the System and each designated research reserve. As long as a State wishes for a reserve to remain part of the System and to retain Federal designation. NOAA will continue to require Federal approval of changes in that research reserve's boundaries and management. General Proposed $921.-- $921.-- and $921.42-Several reviewers recommended clarification of the criteria to be used during performance evaluations. Performance criteria should clearly state what constitutes adequate or inadequate performance. One commentator provided a list of items suggested for inclusion in an evaluation. Three reviewers made suggestions on the composition of the evaluation team recommending non-Federal and private individual participation while another commentor suggested the regulations indicate criteria for choosing the members of the evaluation team. Finally, a recommendations was offered that the evaluation stress integration of the Reserve program with other state coastal/research programs and that the regulations provide for other sidpute resolution mechanisms sheet of litigation. Response: The periodic evaluation of a national estuarine research reserve is contral to NOAA's ability to ensure that reserve operation and management is being conducted is being conducted in a manner fully consistent with program goals and objectives as defined in section 315 of the Act 16 U.S.C. 1461, and its implementing regulations. The criteria for an evaluation corresponds directly with the program goals as specified in $921.1 of these regulations. The five goals described in this section are nearly identical to the criteria proposed by one commentor. The commenter added cost-effectiveness using Federal funds as an additional criteria which, while not directly stated as a implicit goal in the regulations is implicit in any evaluation of efficient management of the total reserve program. It is not feasible to establish a checklist for any evaluation to predetermine what constitutes adequate versus inadequate performance. Each reserve has very uniqu administrative structures, environmental resources, and corresponding management needs. NOAA views the evaluation process to be a highly collaborative effort with the State such that the evaluation can be used to focus on particular and specific problem areas. It is not appropriate to attempt to construct a lit--- test for inadequate or adequate performance which could reasonably anticipate the substantial variety of issues that are addressed in the evaluation process. NOAA would be justifiably criticized for applying an artificial measure against unique and site-specific circumstances. NOAA agrees with the comments made regarding paticipation of other officials in the evaluation process. Such officials in the evaluation process. Such officials provide recommendations to NOAA on specific issues in the evaluation. To ensure that Reserve personnnel are directly involved in selction of the evaluation team, $921.40(c) has been revised to indicate that NOAA will consult with and request recommendations from the Reserve on the appropriate non-NOAA participants prior to the evaluations. The recommendation that the evaluation examine coordination between the Reserve program and other coastal research efforts is ---- consistant with NOAA subjectives for the evaluation process and is currently considered under Reserve program criteria to "promote Federal, State, public, and private ue of one ormore reserves within the System when such entities conduct estuarine research." NOAA however, does not agree with the comment that other dispute resolution mechanisms should be devised short of litigatin in the event of an unfavorable evaluation that may lead to withdrawal of designation. The provisions contained in both $921.41 and $921.42 provides a lengthy and elaborate process for addressing major differences between the NOAA and the Reserve relative to suspension of financial assistance or withdrawal of designation. This process is expressly designed to avoid litigation on these issues. Therefore, NOAA does not agree that additional mechanisms for dispute resolution are warranted. Proposed $921.40(e)-Two reviewers recommended a ninety-day requirement for State submittla of an annual report instead of sixty days. Response: NOAA agrees. Section 921.40(e) has been revised accordingly. NOAA also notes that this section indicates that inadequate annual reports will trigger a full scale performance evaluation. This provision is no longer needed since $921.32 has been changed to provide long- term eligibility for operations support. Evaluations consequently will be conducted generally at least every 3 years. The statement has therefore been deleted. Section 921.50-General Proposed $921.50(a)-Four reviewers commented on this subsection. Three reviewers recommended that research funded under this subpart be allowed in an area larger than the boundaries of the research reserve. One of these reviewers also recommended that the managing entity of the reserve approve all research prior to NOAA funding. One reviewer expressed concern that funding eligibility is tied to NOAA approval of a final management plan. Response: NOAA agrees that greater flexibility should be provided for the area in which federally funded research under this subpart may be conducted. The regulations have been revised to allow research activity in the immediate watershed of the reserve with still requiring the majority of funded activities to be conducted within the boundaries. NOAA also agrees that the managing entity of the reserve should directly indicate approval or disapproval of proposed research project. Currently, each reserve is requested to review and assign priority to research projects proposed for the reserve. If a reserve does not approve of a particular project that information should be expressed directly to NOAA. NOAA agrees that its review and approval of state submittd final management plans should be as expeditious as possible. However, consistent with NOAA's responsibility to ensure that reserve management is conducted in accordance with the mission and goals of the System the need for an approved final management plan to qualify for NOAA funded research remains. Section 921.31-Estuarine Research Guidelines Proposed $921.31-Five reviewers recommended that NOAA provide at 299-48 Federal Register/Vol.53. No. 141/Monday, July 23, 1990/Rules and Regulations minimum a more detailed and specific description of the Estuarine Research Guidelines in the regulations. One reviewer objected to NOAA's role in establishing the research priorities for funding under this subpart. Response: NOAA disagree. Section --- of the Act requires NOAA to develop guidelines not regulations for the conduct of research within the System. A basic description of these guidelines themselves, or a more detailed and specific description of these guidelines, in the regulations would severely limit flexibility in their implementation. NOAA publishes the guidelines annually in the Federal Register and intends to continue to improve these guidelines within the relatively comprehensive standards of the Act, NOAA develops general research priorities on an annual basis in consultation with the estuarine research and resource management community. The agency foresees no advantage to including more specificity or deatail than necessary in the Program regulations. The financial support provided under the subpart for Research is administered by NOAA. As a result NOAA, in consultation with prominent members of the estuarine research community, will continue to determine research priorities for this funding. Subpart G-Interpretation and Education Section 921.60-General Proposed $921.50(a)-Two reviewers objected to the requirement that interpretive and education projects be conducted within the research reserve. Response: NOAA did not intend to activities conducted entirely within the boundaries of a research reserve, and has revised the statement to clarify the intent. Proposed $921.50(b)-One reviewer suggested NOAA require that all applications for interpretation and education awards be approved by the state. Response: NOAA agree that applications under this subpart should have the support of the state managing entity. The regulations have been revised accordingly. Section 921.71-Allowable Costs Proposed $921.71(e)(2)-Two reviewers objected to a one year time limit pre-acquisition being imposed on the allowability for state match of state lands already in a fully-protected status. The commentors noted that properties included within NERR boundaries, particularly the core area will be subject to restricted uses, and these uses will be subject to NOAA approval(e.g., research, construction, education). Since these properties add real value to the NERR System but have diminished use for other purposes, they should be allowable as state match. These reviewers therefore recommended elimination of a one-year time limit. Response: This provision has been adopted in the past to ensure that lands included within the Reserve system are acquired consitent with the purposes and objectives of the Reserve system and, as required by section 315(e)(3)(A) of the Act to assure that the state has matched the amount of financial assistance provided by the Federal Government for the acquisition of land for a reserve. However, NOAA agrees that the imposition of a one-year time limit may not be the most effective or appropriate method to achieve this purpose. We have thereofre eliminated this provision from the regulations and instead allow inclusion of land and submerged lands already in the states' possession as state match irrespective of the date obtained by the state. However, calculation of the amount eligible as match for existing state owned lands will be made by an independent appraiser who will consider the value for match purposes of these lands by calculating the value of benefits foregone by the state, in the use of the land, as a result of new restrictions that my be imposed by Reserve designation. Proposed $921.71(e)(4)-One reviewer recommended elimination or simplification of the matching share criteria for research awards. Response: The matching share requirement cannot be eliminated because it is required by statuts. However, the matching share criteria has been simplified to be consistent with the provisions to $921.50(a) of subpart F. VI. Other Actions Associated With the Rulemaking (A) Classification Under Executive Order 12291. NOAA has concluded that these regulations are not major because they will not result in: (1) An annual effect on the economy of $100 million or more; (2) A major increase in costs or prices for consumers; individual industries; Federal, state or local government agencies; or geographic regions; or (3) Significant adverse effects on competition, employment investment, productivity, innovation or the ability of United States based enterprises to compete with foreign based enterprises in domestic or export markets. These rules amend existing procedures for identifying, designating, and managing national estuarine research reserves in accordance with the Coastal Zone Management Reauthorization Act of 1985. They will not result in any direct economic or environmental effects nor will they lead to any major indirect economic or environmental impacts. (B) Regulatory Flexibility Act Analysis. A Regulatory Flexibility Analysis is not required for this rulemaking. The regulation set forth procedures for identifying and designating national estuarine research reserves, and managing sites once designated. These rules do not directly affect "small governemnt jurisdictions" as defined by Public Law 96-354, the Regulatory Flexibility Act, and the rules will have no effect on a small busninesses. (C) Paperwork Reduction Act of 1980. This rule contains collection of information requirements subject to Public Law 96-311, the Paperwork Reduction Act (PRA), which have already been approved by the Office of Management and Budget (approval number 0648-0121). Public reporting burden for the collection of information requirements subject to Public Law 96-311, the Paperwork Reduction Act (PRA), which have already been approved by the Office of Management and Budget (approval number 0648-0121). Public reporting burden for the collection of information contained in this rule is estimated to average 2012 hours per responses for management plans and related documentation, 1.25 hours for performance reports, and 15 hours for annual reports and work plans. These estimates include the time for reviewing instructions, searching existing data sources, gaterhing and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of these collections of information, including suggestions for reducing this burden to Richard Roberts, Room 1235, Department of Commerce, Washington, DC 20230, and to the Office of Information and Regulatory Affairs Office of Management and Budget Washington DC 20503. ATTN: Desk Officer for NOAA. (D) Executive Order 12612. These inerim final rules do not contain policies which have sufficient Federalism implications to warrant preparation of a Federalism Assessment pursuant to Executive Order 12612. However, the provisions of the rules setting forth what a state must do or agree to do in order to qualify for the various types of Federal financial assistance available under the rules have been reviewed to ensure that the Federal Register/ Vol. 55. No. 141/ Monday, July 23, 1990/ Rules and Regulations 2394- rules grant the states the maximum administration descrtion possible in the administration of the National Estuarine Reserve Research System policies embodied in the qualification requirements in formulating those policies the NOAA worked with affected states to develop their own policies with respect to the use of National Research Reserves. To the maximum extent possible consistent with the NOAA's responsibility to ensure that the objectives of the National Estuarine Reserve Research System provisions of the Coastal Zone Management Act are obtained, the rules refrain from establishing uniform natoinal standards. Extensive consultations with state officials and organizations have been held regarding the financial assistance qualifications imposed. Details regarding awards of financial assistance have been discussed above under the heading "REVISION OF THE PROCEDURES FOR SELECTIN, DESIGNATING AND OPERATING NATIONAL ESTUARINE RESEARCH RESERVES" and are not repeated here. Likewise, comments from the states regarding qualifications and responses and changes to the regulations regarding same were set forth under the heading SUMMARY OF SIGNIFICANT COMMENTS ON THE PROPOSED REGULATIONS AND NOAA'S RESPONSES. It should be noted that some of the states commented in oposition to conditions or languarge required by law or by Office of Management and Budget Circular A-102. NOAA coes not have the discretion to change such language or conditions. (E) National Environmental Policy Act, NOAA has concluded that publication of these interim final rules does not constitute a major Federal action significantly affecting the quality of the human environment. Therefore, an environmental impact statements is not required. (F) Administrative Procedure Act These interim final regulations are effective July 23, 1990. To the extent that these regulations relate to grants and cooperative agreements the requirements of the Adminstration Procedure Act 5-U.S.C.553 do not supply. To the extent that any substantive provision does not involve grants or cooperative agreemenets no useful purpose would be served by delaying the effective data for 30 days. No rights of the participants in this Federal program will be adversely affected by immediate implementation. To the contrary state reciplients of financial assistance through this program have submitted program applications that anticipate immediate implementation of these regulations. Public comments on these interim final regulations are invited and will be considered if submitted on or before September 21, 1900. List of Subjects in 15 CFR Part 921 Administrative practive and procedure, Coastal zone, Environmental impact statement, Grant programs-Natural resources, Reporting and recordkeeping requirements, Research. (Federal Demestic Assistance Catalog Number 11.420, National Estuarine Reserve Research System) Dated: July 10, 1990 Virginia K. Tipia, Assistant Administrator for Ocean Services and Coastal Zone Management For the reasons set forth in the preamble 15 CFR part 321 is revised to read as follows: PART 921-NATIONAL ESTUARINE RESERVE RESEARCH SYSTEM REGULATIONS Sec. Subpart A-General 921.1 Mission, goals and general provisions 921.2 Definitions 921.3 National Estuarine Reserve Research System biogeographic classification scheme and estuarine typologies. 921.4 Relationships to toerh provisions of the Coastal Zone Management Act. Subpart B-Site selections Post Site Selection and Management Plan Development 921.10 General 921.11 Site selection 921.12 Post site selection 921.13 Management plan and environmental impact statement development. Subpart C- ---quisition, Development, and Preparation ---- ----- Management Plan 921.30 General 921.21 Initial acquisition and development awards. Subpart D- Reserve Designation and Subsequent Operation 921.30 Designation of National Estuarine Research Reserves 921.31 Supplement acquisition and development awards. 921.32 Operation and management implementation of the management plan 921.33 Boundary changes, amendments to the management plan, and addition of multiple site components. Subpart E-Performance Evaluation and Withdrawal of Designation 921.40 Evaluation of system performance. 921.41 Suspension of eligibility for financial assistance. 921.42 Withdrawal of designation Sec Subpart F-Research 921.50 General 921.51 Estuarine research guidelines 922.52 Promotion and coordination of estuarine research. Subpart G-Monitoring 921.60 General Subpart II-Interpretation and Education 921.70 General 921.71 Categories of potential inter------- and educational projects evaluation ----- Subpart I-General Financial Assistance Provisoins 921.80 Applications information 921.81 Allowable costs. 921.82 Amendments to financial assistance awards. Appendix I to Part 921-Bioigraphic Classification Scheme Appendix II to Part 923-Typology of National Estuarine Research Preserves Authority: Sec 2--, Public Law 92-583. as amended; --Stat. 1280 (-- U.S.C. ---). Subpart A-General $921.1 -------, grants and general provisions. (a) The mission of the National Estuarine Reserve Research Systems is the establishment and management through Federal State cooperation of national system of estuarine research reserves representative of the various regions and estuarine types in the United States. Estuarine research reserves are established to provide opportunities for long-term research, education, and interpretation. (b) The goals of the program for carrying out this mission are to: (1) Ensure a stable environment for research through long-term protection of estuarine reserve resources; (2) Address coastal management issues identified as significant through coordinated estuarine research within the System. (3) Enhance public awareness and understanding of the estuarine environment and provide suitable opportunities for public education and interpretation (4) Promote Federal, state, public, and private use of one or more reserves within the System when such entities conduct --------------research; and (5) Conduct and coordinate ------------research within the System gathering and making available information necessary for improved understanding and management of estuarine areas. (c) National estuarine research reserves shall be open to the public to 29950 Federal Register/ Vol. No. 141/ Monday, July 23, 1990/ Rules and Regulations the extent permitted under State and Federal law. Multiple uses are allowed to the degree compatible wit the research overall purpose as provided in the management plan (see $921.13) and consistent with paragraphs (a) and (b) of this section. Use levels are set by the individual state and analyzed in the management plan. The research reserve management plan shall describe the uses and establish priorities among these uses. The plan shall identify uses requiring a state permit, as well as areas where uses are encourage or prohibited. Consistent with resource protection and research objectives, public access may be restricted to certain areas within a research reserve. (d) Habitat manipulation for research purposes is allowed consistent with the following limitations. Manipulative research activities must be specified in the management plan, be consistent with the mission and goals of the program (see paragraphs (a) and (b) of this section) and the goals and objectives of the affected research reserve, and be limited in nature and extent to the minimum manipulative activity necessary to accomplish the stated research objective. Manaipulative research activities which can reasonably be expected to have a significant adverse and habitat of a reserve, such that the activities themselves or their resulting short and long-term consequences compormise the representative character and integrity of a reserve, are not allowed. Habitat manipulation for resource management purposes is not permitted within national estuarine research within national estuarine research reserves, except as allowed for restoration activites consistent with paragraph (e) of this section, NOAA may allow an exception to this prohibitoin if manipulative activity is necessary for the protection of public health or the preservation of other sensative resources which have been listed or are eligible for protection under relevant Federal or state authority(e.g., threatend/endangered species or signficant historical or cultural resources). If habitat manipulation is determined to be necessary for the protection of public health or the preservation of sensitive resources, then these activities shall be specified in the Reserve Management Plan and limited to the reasonable alternative which has the least adverse and shortest term impact on the representative and ecological integrity of the reserve. (e) Under the Act an area may be designated as an estuarine reserve only if the area is a representative estuarine ecosystem that is suitable for long-term research. Many estuarine areas have undergone some ecological change as a result of human acitivities (e.g., hydrological changes, intentional/unintentional species composition changes-introduced and exotic species). In those areas proposed or designated as national estuarine research reserves, such changes may have diminshed the representative character and integrity of the site. Although restoration of degraded areas in not a primary purpose of the System, such activities may be permitted to improve the representative character and integrity of a reserve. Restoration activities must be carefully planned and approved by NOAA through the Reserve Management Plan. Historical research may be necessary to determine the "natural" representative state of an estuarine area (i.e., an estuarine ecosystem minimally affected by human activity or influence). Frequently, restoration of a degraded estuarine area will provide an excellent opportunity for management oriented research. (f) NOAA may provide financial assistance to coastal states, not to exceed 50 percent of all actual costs or $4 million whichever amount is less, to assist in the acquisition of land and waters, or interests therein. NOAA may provide financial assistance to coastal states not to exceed 50 percent of all actual costs for the management and operation of, and the conduct of educational or interpretive activities concerning national estuarine research reserve(see subpart I of this part). NOAA may provide financial assistance to any coastal state or public private person, not to exceed 50 percent of all actual costs, to support research and monitoring within a national estuarine research reserve. Five types of awards are available under the National Estuarine Reserve Research System Program. The predesignation awards are for site selection, draft management plan preparation and conduct of basic characterization studies. Acquisition and development awards are intended primarily for acquisition of interests in land and construction. The operation and management award provides funds to assist in implementing the research, educational, and administrative programs detailed in the research reserve management plan and is reflective of the joint State-Federal partnership in the preservation and protection of estuarine resources. The research and monitoring awards provide funds to conduct estuarine research and monitoring within the System. The educational and interpretive award provides funds to conduct estuarine educational and interpretive activities within the System. (g) Lands already in protected status managed by other Federal agencies, state or local governments, or private organizations can be included within national estuarine research reserves only if the managing entity commits to long-term non manipulative managment consistent with paragraphs (d) and (e) of this section in the reserve management plan. Federal lands already in protected status cannot comprise the key land and water areas of a research reserve (see $921.11(c)(3)). (h) To assist the states in carrying out the Program's goals in an effective manner the National Oceanic and Atmospheric Administration (NOAA) will coordinate a research and education information exchange throughout the national estuarine research reserve system. As part of this role, NOAA will ensure that information and ideas from one reserve are made available to others in the system. The network will enable reserves to exchange information and research data with other, with universities engaged in estuarine research, and with Federal and state agencies. NOAA's objective is a system wide program of research and monitoring capable of addressing the management issues that affect long-term productivity of our Nation's estuaries. $921.2 Definitions (a) Act means the Coastal Zone Management Act of 1972, as amended, 16 U.S.C 1451 et seq Section 315 of the Act, 16 U.S.C. 1401, establishes the National Estuarine Reserve Research System. (b) Under Secretary means the Under Secretary for Oceans and Atmospherica U.S. Department of Commerce or designee. (c) Coastal state means a state of the United States, in or bordering on the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. For the purpose of these regulations the term also includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Marianas Islands, the Trust Territories of the Pacific Islands and American Samos (see 16 U.S.C. 1453 (4)). (d) Estuary means that part of a river or stream or other body of water having Federal Register/ Vol. 55 No. 141/ Monday, July 23, 1990/ Rules and Regulations 29951 unimpaired connection with the open sea, where the sea water is measurable diluted with fresh water derived from land drainage. The term also includes estuary type areas with measurable freshwater influence and having unimpaired connections with the open sea, and estuary type areas of the Great Lakes and their connecting waters. See 15 U.S.C. 1433(7)). (e) National Estuarine Research Reserve means an area that is a representative estuarine ecosystem suitable for long term research which may include all or the key land and water portion of an estuary, and adjacent transitional areas and uplands constituting to the extent leasible a natural unit and which is set aside as a natural field laboratory to provide long-term opportunities for research, education, and interpretation on the ecological relationships within the area (see 16 U.S.C. 1453(8)) and meets the requirements of 16 U.S.C. 1461(b). This includes those areas designated as national esturaine sanctuauries under section 315 of the Act prior to the date of the enactment of the Coastal Zone Management Reauthorization Act of 1985 and each area subsequently designated as a national estuarine research reserve. $921.3 National Estuarine Reserve Research System biogeographic classification scheme and estuarine typologies. (a) National estuarine research reserves are chosen to reflect regional differences and to include a variety of ecosystem types. A biogeographic classification scheme based on regional variations in the nation's coastal zone has been developed. The biogeographic classification scheme is used to ensure that the National Estuarine Reserve Research System includes at least one site from each region. The estuarine typology system is utilized to ensure that sites in the System reflect the wide range of estuarine types within the United States. (b) The biogeographic classification scheme, presented in Appendix I to this part contains 27 regions. Figure 2 graphically depicts the biogeographic regions of the United States. (c) The typology system is presented in Appendix iI to this part. $921.4 Relationsihp to other provisions of the Coastal Zone Management Act. (a) The National Estuarine Reserve Research System is intended to provide information to state agencies and other entities involved in addressing coastal management issues. Any coastal state, including those that do not have approved coastal zone management programs under section 306 of the Act, is eligible for an award under the National Estuarine Reserve Research System (see $921.2(c)). (b) For purposes of consistency review by states with a federally approved coastal zone management program, the designation of a national program, the designation of a national estuarine research reserve is deemed to be a Federal activity, which, if directly affecting the state's coastal zone must be undertaken in a manner consistent to the maximum extent practicable with the approved state coastal zone program as provided by section 1456(c)(1) of the Act, and implementing regulations at 15 CFR part 930, subpart C. In accordance with section 1456(c)(1) of the Act and the applicable regulations NOAA will be responsible for certifying that designation of the reserve is consistent with the State approved coastal zone management program. The state must concur with or object to the certification. It is recommended that the lead State agency for reserve designation consult at the earliest practicable time, with the appropriate State officials concerning the consistency of the proposed national estuarine research reserve. (c) The National Estuarine Research Reserve Program will be administered in close coordination with the National Marine Sanctuary Program (Title III of the Marine Protection Research and Santuaries Act, as amended, 16 U.S.C. 1431-1445), also administered by NOAA Title III authorizes the Secretary of Commerce to designate discrete areas of the marine environment as marine sanctuaries to protect or restore such areas for their conservation, recreational, ecological, historical, research, educational or esthetic values. National marine sanctuaries and estuarine research reserves may not overlap, though they may be adjacent. Subpart B-Site Selection, Post Site Selection and Management Plan Development $921. General (a) A state may apply for Federal financial assistance for the purpose of site selection, preparation of documents specified in $921.13 (draft management plan and environmental impact statement (EIS)) and the conduct of research necessary to complete basic characterization studies. The total Federal share of this group of predesignation awards may not exceed $100,000 of which up to $25,000 may be used for site selection as described in $921.11. Federal financial assistance for preacquisition activities under $921.11 and $921.12 is subject to the total $4 million for which each reserve is eligible for land acquisition. In the case of a biogeographic region (see Appendix I to this part) shared by two or more states each state is eligible for Federal financial assistance to establish a national esturine research reserve within their respective portion of the shared biogeographic region. Financial assistance application procedures are specified in subpart I of this part. (b) In developing a research reserve program a state may choose to develop a multiple site research reserve reflecting a diversity of habitats in a single biogeographic region. A mulitple site research reserve also allows the state to develop complementary research and educational programs within the individual components of its multi-site research reserve. Multiple site research reserves are treated as one reserve in terms of financial assistance and development of an overall management framework and plan. Each individual site of a proposed multiple site research shall be evaluated both separately under $921.11(c) and collectively as part of the site selection process. A state may propose to establish a multiple site research reserve at the time of the initial site selection, or at any point in the development or operation of the estuarine research reserve, even after Federal funding for the single site research reserve has expired. If the state decides to develop a multiple site national estuarine research reserve after the initial acquisition and development award is made for a single site, the propoosal is subject to the requirements set forth in $921.33(b). However, a state may not propose to add one ormore sites to an already designated research reserve if the operation and management of such reserach reserve has been found deficient and uncorrected or the research conducted is not consistent witht he Estuarine Research Guidelines in accordance with the provisions of subparts E and F of this part. In addition, Federal Funds acquisition of a multiple site research reserve remains limited to $4,000,000 (see $921.20). The funding for operations of a multiple site research reserve is limited to $70,000 peryear (see $921.32(c)) and preacquisition funds are limited to $100,000 per reserve. $921.11 Site Selection (a) A state may use up to $25,000 in Federal funds to establish and implement a site selction process implement a site selection process which is approved by NOAA. (b) In addition to the requirements set forth in subpart I of this part, a request ~0 ~29~9 ~~~~~ Federal Register / VoL 55. No. 141 / ~qMcn~6a~, July Z3~ 1~9~qW Rules and Regulations for Federal funds for ~!~q@te selection must those ecological ~u~r~i~t~s of a natural being considered for selection as a contain the f~c~q1~ql~ow~i~n~qg pro~qg~ra~qm.=~a~t~i~c e3~rua~x~i~qm~e sy~s~te~q-~qm v~r~&~uc~qh p~r~e~s~rr~v~e. for potential ~ma~t~q:~a~nal es~t~%a~r~@~4qme ~qm~-~sea~r~c~qh ~qL~r~qZ~o ~rm a t~qi o n: research ~q7~q=~,~o~se~s. a full range of reserve. Alter the local gov~e~r~a~qm~e~q=~qfs~q) ~qt~i~q) A description of ~t~qhe p~r~a~qp~o~se~qd site si~qgn~qi~qRcan~t physical. c~qh~e~n~nca~ql a~nd and affected ~ql~a~md~owne~r~q(~s~q) have been se~qi~e~c~t~qi~o~u pr~cceS3 and how it will be bicIc-c~al ~q!act~a~qm c~onr~nbut~i~n~qg to the contacted. at less, one pu~qb~q!~qic ~=~-~.~e~e~ting i~qm~qPle=ented in conformance with the di,er~as~'i~ty of fauna. flora and' natural !hail be held in the area of the pr~rp~osed ~1~@~q=~eographic classi~qfca~qL~on scheme and processes ~o~c~c~-~ar~r~u~4qM w~r~t~qhin the e I ~= ~qm~na r-~, site. Notice of ~qnr~c~qh a meeting. i:~nc:~qiu~qdi:~tg ~t~; ~c~q!~c~qg~qv ~qT~"~a e d e t ~-~-~qm~-~-~qin a ti ~o n o f w ~qb,~c~qh I a n~qd a ~r~. d ~t~qhe time. place~. a~nd r~e~q!~ev~an~t ~r~ub~qj~e~ct ~qM.3~q)~-~, ~2~q) A-~r~i of ~*~,~qhe site wa~:er areas are "key- to a p~a~r~n~c~-~q@~-~a~: matter. s~qh~e~qil be announced by the st~a~-e s~e~'~e~c~-~-~c~r~t agency and ~t~qhe ~q;~@~c~te~rtal r~oserve must be based or ~sp~ec~rfic ~t~q@~z~ou~q~qh ~L~qhe area's principal ne~q" me~qd~@a ~r~n~a~-~-a~qgement a~qgen~c~q@~-, a~-~-d sc~qiert~qi~qFc knowledge of the area. ~2q& basic at least 15 days ~qp~nor to the date of the (~3~1~) A description of how pu~qb~qL~i~c ~qp~r`nc~ip~ql~e to f~o~q!lo~qw when d~e~c~,~@~qd~qJ~r~n~qg upon meeting and by NOAA ~qLn ~th~@e Federal pa.~-~-~-~:~qmpat~qi~on wi~qa be incorporated ~qk~.~:~:~qy land a~rd water areas is that they Register. ~I~ne ~:roc~ess ~k~'see should encompass resources (e) A state request for NOAA ~q(~:~7~q1 As ;art of ~t~qhe site se~qi~ec~qtc~n ~qP ~q"~e~n~!ati~re of t~he tc~t~al ~e~c~o~-~qr~q/~ster~n. approval of a proposed s~;~te for ~si~*e~s in ~qP~r~c~c~e~s~s~. t~ne slate and ~qNO~.~A~-~qk ~s~qh~a~qil. and which if compromised c~om~qid t~.~q@e case of a multi-site rese~r~kve~ql r~,-~.~,~,~;~3t evaluate and ~!~i~e~e~qi~a~c~t ~t~qL~e f~i~n~a~qi s~it~e~q(~3). e~n~qd~a~:~.~-~qge~r the re~s~aarch ob~qjec~qt~T~q" of tl~q@~e contain a description of ~1~@~le proposed ~8qN~6qC~4qA~8qA has final authority in ~appro~v~qL~a~qg reserve. The term ~-~qb~u:f~qf~er zone' refers to site in re~qi~qv~.~q:~,cn~sh~qip to each of th~*e site ~Vu~c~qh ~5~-~1-~9~s. Site se~i~e~c~t~l~i~o~n ~s~u~la.~qU be guided ~an area adjacent to or ~s~t:~x~r~o~u~qn~qd~qi~n~qg key selection p~r~qm~c~qm~qle~s (I 921.1~1~q(c)) ~a~nd ~@he by ~u~i-e fo~qllo~-~qwi~r~qg pr~qi~nc~ipi~e~s: land and water areas and e~s~se~n~qtal to following ~qtnf~ormaticn~- (1) The site's ~c~o~n~t~r~8q1ut~qion to the their integrity. ~qBu:ffer zones p~r~o~te~c~, the ~q(i~q) An analysis of the pr~op~esed site biogeographical and ~t~qypcl~ogical balance care area and p~r~qvv~qid~e additional based or, the biogeographical ~sch~-eme/ ~c~qf ~t~qhe Na~-~@~o~nal Estu~arire R~aserve pro te~c~t~i~o~n for e~stu~ari~rre-de pendent typology discussed in 1~9~q2~1~.~q3 and set Research Sy~stcm. NOAA wi~q@~ql give species, including those that are rare or forth in appendices I and ~q1~q1 to this part: pr~qi~o~nty c~onsider~a~qd~q= to proposals to end~qm~2qW~e~r~ed. When determined [~q2) A description ~of the proposed site establish reserves in biogeographic ~a~p~p~r~op at~ebyth~e~qR~t~h~f~qU~l~qd~a~qp~qp~r~o~vI~e~qd and its major resources, inc~qluc~qr~in~qg reg~qio~c~i or sub~regi~o~n~a that are not by ~2qN~2qOA~0q& the bu~6qf~6qfe~rz~one ~qm~w~qy also location. proposed boundaries, and rep.~-~a~s~e~nted in the system (see the include an area necessary for facilities adjacent Land uses. Maps, including ~b~;~c~qge~o~qg~-~ap~qh~qic ~c~6qk~s~-~ti~qf~qi~qc~a~liams~c~qheme and required for research and ~qi~nte~r~qp~r~e~qf~qtti~on~. aerial photographs. are required~; ~qq~-p~o~qlo~qgy set forth in J 9~71 and Ad~qd~qt~qf~qi~o~n~a~qf~qfy~. buffer zones should be (3) A description of the public appendices I ~and II to this part~q@ e~qmb~qf~qi~-~4qAed . nt to accommodate a participation process used by t~qh~e state (2) The site's -ecological shift of the core area as a r~e~s~u~qf~qt of to solicit the views of Interested pa~rt~qfres. characteristics~. including its biologi~c~aI bi~o~r~ql~o~qgi~c~aE ecological or a summary of comments. ancE ~qEr productivity, d1vers~qity of flora and ~qge~om~o~rp~qh~o~0qk~qS~qical change which interstate issues are involved~. fauna, and capacity to attract a broad reasonably could be expe~c to occur. doc~ume~nt~a~t~i~qm that t~qh~e Gov~e~qm~a~r~q(s) ~qpf range of research and educational Na~qd~o~qm~ql estuarine ~r~e~qm~arc~qh reserves the other -~qH~qe~ic~t~ed ~r~t~a~2qW~s~q) ~6qW be~L~q% ~i~qinter~e3~4qu. The proposed site must be & may ~qh~ic~qk~0qd~e ~e~x~6qh~t~4qf~4qt Federal or state contacted. C~a~qpie~s of all correspondence, repre3e~n.~qt~a~l~qive ~e~atuarin~e ecosystem and land* ~s~4qh~q"~qd~qy in a protected status including contact letters to ~a~ql~ql affected should. to the ma~x~i~qmu~r~n extent possible. ~w~q1~qm~o ~nr~a~qf~qt~4qW be~nef~qi~q? emir be e~n~qh~e~qr~tc~ed. landow~-~a~qm~s ~n~i~t~qn~t be ~H~PPe~nd~e be an estuarine ecosystem ~a~r~in~i~qma~ql~qly . ~. Ho~vv~e~qi~v~r~. ~8qNOAA ~8qW~6qN not approve a site A lie of an rites ~c~tm~o~qi~qd~ered and a affected by human activity *or i~n~qi~qlu~enc~e for p~a~q(en~qt~qla~qt ~m~a~2qG~o~v~a~ql ~es~t~qm~a~qi~n~e, research ~0qW ~qf~qf~er~i~s~q6~qt ~@~- ~- (see reserve ~s~qb~4qO~qn In ~4q*~qV~qi~qmde~n~qt bri~st ~4qg~a~qt~e~s~ee~f~f~it at the b~qu~qi~s (3) Assurance that the site's ~qp~8qd~qm~qu~8q* ~U~qP~O~G ~q9~qW~'~qk~qW~qf~M~@~qr~O~r~1 a currently selecting ~qT~qh~e ~o~v~a~-pr~ef~qirr~qid ~2qd~qf~qm ~0q"d boundaries encompass ~a~z~i adequate protected Fed~q*~8qk~ql ~qbux~qb~o, fie ~O~n~qfe~r ~qI~s~t meet (~q3) A ~qw~a~qg~na~qd~o~n of the ~qP~r~O~qP~O~Se~qd p~qm~-tio~n of the key land and water areas th~e r~qi~qq~u~qk~e~s~s~e~n~qi~s for ~qi~x~6q@ ~P~qO~Ser~q" ~s~qi~qt~e~q(~S~q) ~qf~o~r~qa~qo~s~4q*~0~q4~qd~a~qi~qi "a National ot the ~n~at~ur~a~qr system~. to ~a~qp~qp~r~a~x~qim~a~qt~qe~a~n status ~q(~S~U~C~4qWa~s~qk~e~qy lead ~qM~qA "at" E~st~u~s~ar~qi~s~i~a R~ese~a~qm~4ql Reserve by ~qd~qw ecological unit and to ~e~nffar~e ~a~0qf~0qf~0qi~0q@ I- ~@~z as). S~qb~q@~qb ~qb~L~l~qi~qd~a Seaway ~2q*~q3~q1 be C~o~w~qwn~a~r ~e~0qM~e ~c~qi~qis~qt~al ~8qO~st~e In w~qb~2qk~qh art conservation. Boundary size wi~ql~ql~'~V~qW~qy in~qclu~qd~ad ~m, ~q%~'~a~r ~qm~e~ar~c~qh ~m~o~m~qm to the area to ~ql~qi~c~s~qfe~0ql gre~a~-t~q!~qy depending an the natu~r~v of the serve ~qw ~qv buffer w~. for other ~qO~2qw~4qMar~qY ~qJ ~q9~q2~1.~t~qi ~* Post aft ~qw~qi~m~0q@ ecosystem. Research r~e~qnr~v~v a~n~qd~u~s~qf~er purposes;. must e~n~c~q=~qp~a~qn the am ~v~qit~0q@ w~q?~qd~ch ~.~q(4~q)~0q7~q1~* Air (a) At the ~t~qk~e~qi~s of the St~O~6qWS ~qM~qq~qn~st offs's ~st~qdt to" for NOAA approval ~0~q9 a ~qP~C~Q~qP~C~G~O~qd AJ~1~8~- adequate c~qm~i~t~z~o him or ~vi~l~qlab~g ~e~a~4qwari~i~qn ~qme~ar~c~4qk ~qi~n~c~ql~qi~s~0qf~0qt~ql ecological. t~qh~a~sta~8qf~8qt~n~qM~0qr~s~e~qb~qa ~d~qM~qq~U~e~2qA~ql~qw~u~qp~qt~a~t e~-~sta~qt~i~ql~ql~i~s~qhed by ~8q6~e m ~. t~qr~qim~8qf~8qt~o~vw~, factors and proximity to ~ex~4qh~8qf~8qt ~. -- $~0qwooo of the total ~qSloo~.o~0qw a~ql~qlowed for hu~inanact~qi~vit~qfe~s~occ~qm~Ti~n~2qtw~l~-~t~qf~2qf~2qtth~i research fac~6qWties and ed-~ca~tional reserve. Gener~a~0qf~0qf~qy~.-r~e~qv~e~l~8qn ~@~.~ -~ ~0q%S Institutions; p~r~9~qd~g~qd~qg~m~m~qt~qj~q= h~qm~4qh to ~qd~e~v~e~4qW~qp the Will encompass two ~a~qm~qm~qm ~q1 ~- ~_~'~q]~q@~q=d and ~-~q(~qSlTh~e site's cc draft ~qm~a~n~av~e~qm~ar~0qd plan and ~qf~qm ~qd~qw mpati~qb~6qMty will Collection ~ot ~0qd~r~a don necessary water areas far ~-~c~c~r~qi ~qj~qi~v~e~-~q1 ~s~qi~4q* existing ~a~nd p~ot~em~8qial land and water the as for ~2qPr~qe~2qp~qa~qzz~2qd~qa~qi~qa of buffer z~qo~qor~0qm. Key ~ql~qo~qa~4q- WKS ~8qf~q= ~qc~qo~qa~8qd~16qvou~qA~q'~qar~qe~qf~qi~qt~qs as Wall ~4qt this ~08qf~08qt~qa~q. the state impact state-~qrt A a ~qn d a ~0qb~qu~20qf~20qfe r z ~6q6 ~qr~6qw wig ~20qM~08qR~8qI~2qY ~6qOe~q.-~6qq ~8qi~8qf~8qi ~qc~qoa~qs~2qi~qa~6qf and ~qa~qs~0qt~4qArin~qe ~4qm~qa~2qy a~0qb~4q" ~4qn~4qa~qx~qR~12qk ~0qa far the ~q'~qV ~s:~2qg~qn~4qi~6qricant~6qly d~8qi~20qf~20qf~qer~0qu~0qf~0qt ~4qM~qA~q"~qA~qg~qe~0qm~qe~qn~0qrp~0ql~qe~2q= ~6qand ~qP ~8qX ~qi remainder of t~2qb~qo~6qPa~qi~4qd~qo~qe~8qi~2qvn~qi~qr~qtic~q1l funds (see I 921.1~0q3~6q(~36q0~4q7~6q)~0q@ ~24q;~20q: ~4ql~4qe~0qi~0qi~qs~q.~q"~4qk~qe~16qy ~4qf~4qin~2qi~24qd ~4q(~q1~4q5) Th~qe ~qi~12qf~12qt ~qJ~qr ~2qimp~qa~qrt~qa~4qm~qc~qe to ~qe~24q&~qr~qW~16qf~16qf~qC~4qM for research necessary to complete a and water a~qr~qv~qis- refers to ~4qdi~0qi~6qic~qar~qr area' and ~6qf~6q@t~8qwpi~44qk~2qr~qv~qv ~2q4~4qf~4q1~0q6~44qks~2q:~qc~6q6~6qi~q1~qZf~qS~04qf~04qt~qn~qt with I ~q' ~q* ~q* ~q_~' ~q- I ~qP~0qWt~qV~qL~q-t~2qf Of t~4qha bag ~4qi ~q* within the reserve ~0qd~qi~qa~0qLi~qs so YURI to t~4qb~4q& ~0qe the need ~4qf~4qb~qr. c~qont~6q@~q,~qI~2q@~q.~q_ ~qc ~44qZ~92qZ ~qZ functioning of the ~qes~4qi~32qda~16qd~4qi~8qZ~6qi~0qr~2q;~0qE~q1~8q3~q'~q2Y~40qk~0qi~6q@~44qC natural ~q9 ~qst~qe~ql~qn~q. ~qc~0qh~qe~0qm~8qi~qca~6qf~64q=~0qb~6qlo~4qt~8q6~60q7~68q@~44qW~q.~qC~8qh~q&~q'~0qM~qc~4qter~2qr~qa~4qL~q,~qc~2qi~q' that it must be under ~q9 level ~qafc~4q=~4qtr~qu~8ql ~44qM ~32qU~2qY In the site ~qs~qe~0ql~qect~2qf~4q= ~2qP~qT~qO~qC~4q"~qs of ~qt~4qh~qe ~qI~12qf~12qt by NO~12qAA~q. I ~qf~qt~qe sufficient to ensure the ~0q1~qO~12qW~q-t~qw~8q= the state .~2q.t seek ~0qd~4qw ~qT~2qf~2qi~qrw~qe of affected ~q&~qt~qJ~qkt~qg~q,~qs ~4qm~12qq~qu~qw~08qo~0qf~0qb~04qe~16qf~16qf~16qi~qon post Aft# '_ by viability ~qof the reserve for research an landowners, local ~6qg~qo~qv~qe~qt~qt~qi~4qm~qe~08qw~8qa~q. other selection ~8qfu~qn~8qd~qs~q'~4qM~qust be accompanied natural proc~qe~qr~4qm. Key land ~2qW~4qd ~08q"er state aid Federal a~6qg~qen~qc~2qie~qs~q-~qand other t~6qb~q* ~2qI~qn~6qf~qOrCl~qat~8qh~0qm ~q8~52q0~0qf~16q@ ~8qr~qn subpart I of areas, which comprise the core ~qare~qs~qi. a~qr~qe parties wh~0q6 are interested in the g~0qm~4q(~qs~4q) this part an~qt~8qE for draft ~0qm~q"~qa~6qS~qemen~0qt plan ~0 federal Register I VOL ~5~5. No. 141 / Monday, July 2~3~ ~1~9~q% 1 Rules and Regu~la~t~~~ ~~~qN~5~3 ~de~~:.~op~.~T~.e~nt and e~n~v~qi~r~o~n~qme~nta~ql impact establishing adequate long-term state state shall give prio~r~@i~tv conside~ra~t~t~@~on to statement ~i~n~qf~or~n~lation collection. the control over these areas sufficient to ~t~qhe least costly metho~q@~q(s~q) of at~t~a~qm~in~qg following progr~amrr~ta~tic information: provide protection for reserve resources the minimum level of long-term c~o~nt~r~-~c~ql A draft management plan outline to ensure a stable env~qiro~n~q=ent for required. Generally. with ~t~qhe Possible (see I ~921.13(a~q) below); and resear~q6~qh. This plan must include an exception of buffer areas required for ~(~~~@~' ~0qA~i ~ou~L~ql~i~ne of a draft mem~crand~,~q= identification of ~ownersh~;p ~v~ir~qi~qd~i~qi~n the support facilities. the level of ~q=~1~-~-~o~q"~I~s~'~, ~~f u~~qderstand~qL~i~qg ~2qWOL~q@ between ~t~qhe proposed research reserve boundaries. required for buffer areas w~-~,~qL~ql be ~t~~~e and NO~4qAA detailing the Federal- including land already ~q@~n the public considerably less than that re~qq~,~-~,~-~.~.~-ed for s~~ae role in esear~ch reserve do~"~nai~n: the me~th~od(s) of acquisition key land and water areas. This ~ma~~-~a~qge~qme~nt du~r~L~r~qg ~t~q@e ~qL~n~qitial pe~rod of which the state proposes to use- acquisition plan. after r~ec~eiv~4~m~qg ~'~he acquisition (~qLr~iclud~qi~ng les~3-L~qh~a~n-fee ~"~qi of NOAA. shall serve Federal fu~nd~4q@~,~qg ~3nd e~xpress~q@~ng the a~qp~qp~r~o~va as a state's long-term co~r~-~a~m~;~a~nent to operate simple options) to establish adequate guide for negotiations with landc~qwne~qm and manage ~t~qhe rational es~n~iar~qi~ne ~qIcn~qg-~term state control- an estimate of A final boundary ~-~qicr t~qhe reserve shall be research reserve. ~6q&~.~a fair market value of any property delineated as a part of the final (b) The state i~s eligible to use the i~n~teres~t-which is proposed for management plan: ~U~=d~s referenced ~qi~n I 921~.12(a) after the acquisition: a schedule estimating the (8) A resource protec~,~;~cn plan proposed site is approved by NOAA time required to complete the process of detailing applicable authorities. under the terms of ~q192~q1.11. establishing adequate state control of including a~ql~qlowable uses, uses requiring the proposed research reserve: and a a permit and permit requirements. any ~1921.13 Management plan and discussion of any anticipated problems. restrictions on use of the research ~~~~r~onm~ental Impact statement In selecting a preferred meth~od~q(s) for reserve, and a strategy for research development~. establishing adequate state control over reserve surveillance and enforcement of (a) After NOAA approves the state ~a areas within the proposed boundaries of such u~se restrictions, including proposed site, the state may request to the reserve, the state sha~qU perform the appropriate government enforcement use additional predesignation funds for following steps for each parcel agencies: draft management plan development determined to be part of the key land (~q9) If applicable. a restoration plan and the collection of information and water areas (control over which is describing those portions of the site that necessary for the preparation by NOAA necessary to protect the integrity of the may require habitat modification to of the environmental impact statement. reserve for research purposes), and for restore natural conditions: I The state shall develop a draft those parcels required for research and (-to) A proposed memorandum of management plan, including an MOU. interpretive supp~c~e~qt facilities or buffer understanding (~qNIOU) between the state The plan will set out in det~ai~qL~, purposes: and NOAA regarding the Federal-state (1) Research reserve goals and (i) Determine, with appropriate relationship during the establishment objectives. management issues, a~nd justification. the minimum level of and development of the national strategies or actions for meeting the c~o~ntrol(s) required (e~.~q8- management estuarine research reserve. and goals and objectives, ~% agreement. regulation. less-than-~qfe~e expressing a long-term commitment by (2) Am ~a~dmin strat~qive section including staff roles in administration. ~sun~qple property Interest (e.g- the state to maintain and manage the conservation easement), fee simple research reserve in accordance with research. education/ Interprets. t~qio~n. and erty acquisition. or a combination section 315 of the Act 1~q6 U.S~.C. 14~q81. surveillance and enforcement; ~' ~* prop I ~(3) A research plan. including a of these approaches; and applicable regulations. In monitoring design~: ~qIi~qi) Identify the level of existing state conjunction with the MOU and where. (4) An edu~q6~i~tt~qion/i~n~qterpr~qet~qiv~qi~e plan: con~qbrol(s)~- possible under state law, the~q1~qla~t~e will ~(5) A plan for public access to the (ii~qi) lde~q@tif~qy the ~qI~s~qi~el of additional consider taking appropriate ~' state c~ont~r~o~ql(s), if any. necessary to. a~e~f~qm~qw tr~ativ~e or legislative ~ac~qtio~qb ~qto research reserve- ~qmee~i~qp~-th~e minimum requirements ~- e~qf~qisure the long-term protection and' (6~q) A construction plan. Including a identified in (a~q)~q(~q7~q1~q0~q)~; of this sect~qi~O~qw~- ~o~6qW t~qi~on of the national estuarine proposed construction schedule. general ~q(~qi~v~q) Examine all ~r~e~i~t~so~n~abl~e ~T~e~qs~p~a~rc~qh reserve. ~8qT~n~e MOU shall be descriptions of proposed developments a~d preliminary drawings. if alternatives for attaining the level of ~s~qip~ea prior to re3~1~sa~rc~qh reserve appropriate. Information should be control Identified in (a)~q(7)~q(ii~q!) of this designation. If other ~6qU~6qOU~9 are section. and perform a cost analysis of necessary (such as with a Federal provided for proposed minor e~ac~qh:~a~nd a~qg~e~qM~L~6q7 or mother state agency). drafts construction projects in ~su~0qf~0qf~0qic~qi~en M~0qou~s aim must be included in to a~ql~qlow these projects to begin ~qI~n the (v) R~4q" in order of cost. the methods ~ofsuch initial phase of ac~0q@u~qjsition and. ~. (including acquisition) Identified In -the pl~a~qm and a f~ede~ra~qH~qY paragraph ~qja)~q(7)~q(iv) of this ~S~s~ct~qL~O~r~L ~q(~q1~q1~q) If the state has ~e E ~. e~ql~o~qp ~qm~e~nt~. If a visitor center. ved coastal zone management re~qsearch~qicen~ter~q-~qo~qr ny other facilities An assessment of the relative cost- appr~o ..A do~qc~qurne~qn~qt~qa~qt~qion that ~L~q%e aria proposed ~4qf~2qi~6q@~76q@tr~quct~6qlon Or effectiveness Of control alternatives program. national ~qi~qes~qtuar~8qine research renovation a~0qt~6q7~0qt~2qh~qe~q's~6qi~4qt~qs, ~8qd~qe restorative shall include a reasonable estimate of Proposed ~12qm~56qar~6qi~2qijig~qn~2qi~4qf~8qi~qc~qa~qnt ~q;~q.~q.~q. both sh~qort-t~qe~4q= costs (e.g.. acquisition of reserve Is consistent to the maximu~qin activities wh~8qi~qch~q'~qZ~qI ed property Interests. regulatory ~6qPr~qo~6qg~2qm~8qm exte~4qf~4qi~8ql~4qt practicable with that program. construction are planned. a detail construction plan Including p~qr~qelim~6qi~qn~qe~qr~8qi development Including associated S~8q" I ~4q9~4q2~4qL~4q4~4q(~0qb) and I ~0q9~04q=~q.3~32q%b)~q- f an enforcement co~qst~qL negotiation. ~8q(b~0q) Regarding the preparation a cost estimates and architectural adjudication. etc.) and long-term costs environmental impact statement ~2q(~8qE~8qIS) drawings must be prepared as a part of (e.g, ~4qmo~qn~2qito~qr~8qi~qn~08q& enforce ,me~qnt. under the National Environmental Policy the final man3~6qge~4qment plan: a~qnd ~qn~qia~8qgem~qent and Act on a national estuarine research (7~8q) An acquisition plan ~4qlide~qntify~8qi~qn~2qg the adjudication. ma reserve proposal. the state shall provide eCo~6qlo~8qgical~2qly key land and water areas of coordination~6q)~q. In selecting a preferred ~qrmation to NO~04qAA the research reserve. making these m~qeth~qod(s) for establishing adequate ~qa~6ql~4ql necessary Iwo ~8qm~qo~4qm~6qic and areas according to their relative state control over each p~4qir~qc~qe~6ql ~4qix~q&~4qm~6qi~qned Concerning th~qe ~qs~qo~qc~2qi~qo~q'e~qc~qc a~qted with importance. and including a strategy ~8qf~qor under the process described above. the environmental impacts a~qs~qs~qe~qc~qi ~0 ~2~9~q954 F~~~i~f~t~~~1 ~Re~g~i~~t~f~t / VOL 55. No. 141 Monday, July ~qM 1~9~q% / Rules a~~~d Re~u~la~t~i~~s i~qm~qp~qi ~n~*~U~0qM the d~r~&~qf~qt ~qM~a~r~t~a~q;~e~qme~n~t funds may be used in accordance ~qmth that the construction activity wr~iU not ~q@~,e Plan and feasible ~&~qi~b!~r~q=~t~i~Y~e~s to ~t~qhe the final ---~qg~qm~n~e~nt plan to ~q=n~s~t~r~i~c~t detrimental to the env~ir~onmen~t. p~qia~n. Based an this ~qi~nf~o~r~qm~at~ia~n~, NOAA re~s~ear~a~qh a~-~-d e~qd~i~xc~at~io~i~a~z~il f~a~qml~i~z~i~es~. ~i~qd~q) Except as spec~qi~qf~ql~qically Provided in w~ii~q! p~r~*par~e t~qhe ~qd~z~a~qf~qt EI~8q& complete a~-~-~qy mmaz~q=~qg ~qL~qv~id (~c) Early ~i~n the dev~a~q;~o~qp~qm~z~j~q2 of ~L~q@e Paragraphs (a) through ~8qM of this ac~qq~u~qi~si~t~i~qm a~qmd for ~re~s~t~ora~tr~ve a~c~"vitie~s ~s~ac~t~c~n~. c~onst~r~uct~i~o~r~i p~0qM~'~ect~s~, to' be ~~qL~-~z~qit management p~qian and the draft ~'~q@e~q=~qfi~ed ~i-~- 'he ~qEna~ql ~r~nan~i~qgement'pl~a~n- ~qf~u~n~q@~-~@~qd ~qi~n whole ~O~"~r~, in part under an E~qI~qS~@ ~-~q@~e ~s~t~a~t~a ~-~z~qha~qLl ~qh~a~qid a meeting in ~t~q!~:~e In any case- the a~qm~c~z~qmt of Federal ~&~:~qq~u~i~s~i~t~4~on and development awar~qd~q(~s~q)~, a~:~9~a or are~23 r~n~o~s~t ~d~2q2ect~ed to s~o~ql~@~0q@t ~qf~qin~a~nc~q-~-~a~l ~as~s~@~s~t~a~n~ce provided to a may not be initiated u~n~z~qil the re~i~,~-~a~r~-~-~'~qh ~P~,~-~- ~:~l~c an~qd~~qg~L-~27~n~n~-~e~r~i~t comments ~o~n ~t~q@e c~oas~-~z~qi state with re e- the ~r~?ser~v~e ~-ece~l~:~%~-2~3 ~q!~q=~ra~ql de~3~ig~n~:~qM~o~n ~'~S~C~? s~:~qj~7!~:~;~c~ant ~L~s~s~4~;~e~s ~r~e~;a~z~ad to ~r~:~q@~e ac~qqu~i~, ~si ~t~i~o~n of Lands and ~vv~zter~s~, or ~q1~q9~21~-3~0)~. ~2qn~qi~,~3 requirement has~qlje~q@ pr~,-~q;~osed a~c~z~l~c~.~L NCA~4qA will p~ub~qlis~q@ a inte~r~e~3~t~s the~-~r~e~qin. for a~=~7~qj a~ne national ad~op~!~e~qJ to ensure that, ~s~i~L~qb~s~ta~nt~qia~ql ~~~.~o~*~-~lc~L- of the mee~t~qi~z~p~, ~qi~n ~@~qhe Federal ~es~tua~qm~ne research ~re~z~er~ve may not pr~o~qgr~e~-~s~a ~qL~-i ~q"~tabli~shi~n~qg adequate state R~a~qg~qi~st~e~r ~!~q3 days p~n~or ~:~j ~t~l~q@e ~qme~e~t~qi~r~2q4 exceed ~q= a~qm~a~q= ~-~-~qq~j~a~ql to ~4qW percent of control over key land and waters areas The state s~ql~i~2q@ be res~2qNn~j~@~qb~qL~c for the c~o~st~s of the ~qL~and~a. w~qve~r~s~. a~nd has been made and ~L~qha~, a f~qi~ral p~u~q@~qi~.s~qh~,~-~ng a ~si~r~n~;~,~ar no~u~c~e ~q@~a the local inere~st~s t~q@-~sr~e~qt~n ~ar ~qS~qLOOCL~qO~2qX management plan is completed before media. ~qwh~qi~r~qhe~v~e~r a~q=u~rt is lass. The amount mai~or ~s~qm~qms are ~sp~,~:n~t an c~o~n~st~r~ac~-cn. (d~] ~N~2qOAA ~-~A~qd~ql ~qpu~qh~ql~qLs~qh a Federal of Fe~qd~a~q-~qm~ql assistance for development On~q@~z ~su~qbs~t~a~r~t~qia~ql ~q;~rc~qges~s in R~e~q;~qi~s~l~e~r ~nct~qice c~1~f ~qin~t~a~nt to prep-an a and ~c~D~r~i~st~r~rc~-~@ca activities is ~qS~' e~stz~,~'~3~q1~'~;sh~-~qxg ade~qq~-~-~,~@~;~,~e~- state control/ ~d~-~-a~:~' ~E~r~q@'~3~. ~%~-~qf~+~a~r ~L~q@e d~;~-aft ~qEIS is prepared ac~qqu~qi~s~ql~qt~z~i~n ha~3 ~qb~e~e~a ~c~L~a~C~.~'~e~. as de~qr~qmed d ~qf~i~'ed with die ~qF~nv~qi~ro~a~qm~z~atal by t~l~q@~a state ~qi~n the management plan. ~qf ~921~q-~11 ~qL~o~0qM~a~ql ~a~r~qu~is~it~i~om and ~F~qt~o~t~ec~tion A~qg~e~n~-~-~qy ~qf~qEPA)~. a Notice of development ~aw~ar~es. other ac~t~A-~qi~qdes gu~qid~Ld by the final Av~a~-~q@~ab~ilitv of the DEIS ~w~rill appear in (a) As~6q"a~nc~e is p~zo~v~0qWed to aid t~qLe ma~na~qg~e~qme~a~t plan may begun with, ~~he F~3dera~qf ~qR~m~qg~qi5ta~r. Not less than ~q30 recipient ia~; NOAA~'s a~qpp~zovaL days after ~qpubii~c~3t~qir-~n ~af t~q@~.e ~noti~qm (1) Acquiring a fee ~f~i~qb~q=~qp~qle or ~qI~qm~s~- (e) F~c~r a~ny real ~qp~-~qmper~qty acquired in NOAA will hold at least one public tha~z~-fee simp~qi~a real property interest in whole or ~4qW with Federal funds for the hearing in ~th~e area or areas M~03t land and Water areas t~o be i~nC~qb~Qd~t~qd in research reserve the state shall exe~c~ite affected by the proposed national the r~e~se~qA~rch reserve boundaries is" ~sui~ta~qb~qie ~qd~Z~0qU d~oc~um~eat~s to include e~at~Lar~qiae research reserve. The hearing I 9~q2~0q=~q3~q(a)~q(7~q@ I ~q9~q21~-~q3~q0(d)~q?. - ~substa~n~qdally th~e following provisions. will be held ~r~D sooner than 15 days after ~q(z~q) ~6qM~qi~qm~r com~st~r~act~qi~o~n. as provided in or otherwise append the f~oll~aW~m~i~2qn ~qi ~pp~.~-~op~riate notice of the -meeting has pa~q=~qgmp~qh~e ~q(b) and Cc) of this ~sec~ti~q= provisions in a manner acceptable ~a~qb~qder been given In the principal news ~qme~c~ql~qia ~q(~q3~q) pr~ep~a~qm~ql the ~qE~qm~a~qi ~qm~a~na~qg~qm~ae~ut applicable ~st~a~q"a ~qlaw to the official land. and ~qi~n ~qT~qhe ~qF~e~qd~aza~ql ~qR~e~qg~6qWar by N~0qO~8qA~2qA plan: and record(:): and the state. respectively. ~6q"~er a 45~- ~q(4) Up to the point of research reserve (1~q) Title to the property conveyed b~qY day comment period. a final EIS will be designation. ~bri~t~qi~al ~qmana~qg~e~qme~qW costs~, this deed shall vest in th~e [recipient ~c~i~qf prepared by ~I~qN~T~6qOAA. eg.. far ~qk~m~2q*~u~qw~n~qd~8qM the ~2qNOAA the award granted pursu~nn~i to section Subpart C_~.~6qA~C~qq~V~0qW~0qM ~qD~*~V~6~q,~0qq~qM~,~*~n~qt~' approved draft z~qma~qge~s~nen~qt plan. 315 of the Act, 1~q6 ~qL~qLS~.C~. 14~q61 or ~o~t~qh~qm prepari~r~.~qg the Anal ma~n~2qn~qme~0qw Plan. ~6qNOAA approved ~st~&~t~e agency~q] s~4q*~-~-~ct and P~r~*p~a~r~3~2qMon of ~qf~qf~qw ~qFh~6qW hiring ~& ~qM~a~g~qm ~qm~az~qn~qg~qw ~qm~qd ~o~qd~l~q@~qf~qf staff to the condition that the de~si~q=~ak~qi a ~of A~e.~a~n~*~qg~*~f~f~m~n~v~qt Plan as ~n~o~c~qa~qm~a~qi~ry and for ~9d~qw management- the [name of N~a~t~qi~o~cal E~a~t~uar~qir~qm f ~q221.20 G~o~n ~qw~a~qL related activities. App~qt~qb~c~a~q*~qm Reserve] Is ~n~at withdrawn and th~e The az~qqn~qi~q=~ta~z~r &ad ~qd~e~v~e~q!~a~qp~q-~n~t proc~a~qd~a~qm an specified ~qbz subpart I a ~qf property r~ema~qL~r~qu part of t~qh~e ~qf~oc~qi~er~6qa~ql~ql~, pe~r~qi~ad ~is ~r~e~qpwa~ted into t~y~qm major this par~qL ~' designated ~q[~q-~q-e of National ~qEst~2qA~rine phase&. Al~ql~er ~2qNOAA approval at the ~q(~qb~q) Th~o ~o~xp~e~nd~i~f~4qf~4qtr~o of ~qF~e~4q6~rr~a~qi and Research R~e~qn~rv~v~q@ :~. ~, ~- ~- ~, ~- ~; I s it e~, draft m~an~a~qg~e~qm~en:~t plan. and draft ~s~qtat~qi ~qf~o~rid~s on ~a~qw~qf~o~r ~c~qa~l~stru~2q@ (2) In the event that th~q4 property Is ~r~qM ~% activities ~0q4~1~h~o~qt a~qnow~i~ed du~r~2q%~qg the longer ~f-~qb~i~r~q, ~qd as of- the ~s~e~se~arc~qh MOU.~'and comp~qi~c~4qu~on. af the ~qf~qmal ~4qM a e~c state ~qi~s e~qh~qg~qi~qb~qd~n for an Initial ~acquis~2qf~2qt~qb~a~n initial ~s~o~qo~6qd~s~2qM~o~n and development res~er~qm of if ~,~, =don of the and development awa~r~qd~qj~s~q@ ~qb~m t~qhis t~a~qi~qd~s~qt phase. ~q1~0q1~9 p~qn~6qT~a~r~a~4qde~n ot ar~c~qh~i~ql~e~c~t~ur~al research ~r~a~z~e~rv~e of ~qWt~qd~c~qh It is part to phase, the state should work to meet the and engineering ~qP~ql~A~n~t~. In~c~qi~v~idi~6qn withdrawn. then NO~0qAA or ~qits s~u~cc~e~s~i~or criteria required far formal r~es~ea~r~r~qh specifications~. fix arty ~qp~r~o~qg~o~oe~qd agency. after fu~qD and reasonable ~~~serve d~e~s~0q4r~i~a~tic~i~qm eg. establishing co~n~g~qa~uct~qi~qm or for proposed restore live consultation wtt~qi~L the S~qta~qt~s~. may adequate state c~c~qmtr~r~ql over ~4q" ~qIc~e~qy land ~activ~qid~es, Is permitted. In addition. ex~or~r~i- the ~qfoll~a~qw~qin~qs rights r~*~6qW~qdL~r~t~qg a~ ~qd water a~z~z~qu as specified in 1~4q6 draft m~qk~qw~r c~o~ns~qt-~a~c don activities, ~c~o~qm~qi~s~qi~qmt the ~qd~8q4~c~a~qj~qda~n, of ~qt~qhe p~t~op~er~qt~0qy. management plan ~a~nd preparing the :With ~qP~&~qM~2qF~z~qP~qh ~q(c) Of ~th~"~s section also ~q(~qI~q) The r~o~c~qi;~qa~o~ut may retain title after ~f~~~a~ql management ~qp~qLan. T~qk~e~q" are allowed~. The N~2qOAA~-~a~qppr~ove~d draft paying the Federal Government an requirements are speci~qf~ql~o~8qdt~n I ~q92~qL~q3~4qM management plan -- ~qL ~qbo~6qw~e~v~qw~. ~ amount computed by applying the M~@~qiior construction in a~qc~q6~qord~qa~6qn~qc~qo WWI include a ~qc~qa~qm~qs~qtruc~ti~qo~qn Pl~s~0qn and a public Federal percentage of Participation In ~6q& e draft management p~0qL~qi~4qn ~24qm~4qi~4qiy also be access Plan Ware ~qZ~08q" ~qo'~qs~q"~4qW~q'~6qd ~0q1~20q@ ~qc~qa~qn t~4qh~qe Cos' Of the ~qo~qr~8qi~2qg~2qb~24qw ~2qP~qr~qo~0qi~qo~qct to t~0qh~qe conducted during this ~qi ~6qp~4qha~qs~0q& no be $per, on cot", r~q, ~qgc~qt~8qi~q, ~8qd~q*~4q& current fs~12q* ~8qm~4qm~20q&~qat value of d~8qw initial acquisition and d~qe~qv~qe~24qk~6q=-~q* ~8q(~qC~6qJ Ot~8qd~6qy ~8qM~2qi~qU~8qM ~8q=~4q0~q9t~qr~qIL~qIC~2qU~qO~qD &cavities property~q, ~0qd~qe~8qi` elect to phase Is expected to last no ~20qk~qM~16qM Man that aid ~2qIm ~12qb~16qw~20qW~qna~qn~4qf~4qi~qn~6qg ~2qPort~qo~qn~q& of the ~6qp~8qi~6q) If the ~qr~qec~2qi~6qp~8ql~qe~qn~0qt not three years. if necessary. a I dm~qo~q, Management plan ~0q(x~0qw~q:h as boat r~qa~0q=p~qs retain title. the Federal Government ~qZ~qB~qOY period may be negotiated between the and ~qn~qx~04qW~4qm tr~qa~6qt~20qhI~qt ~qa~0qi~qs ~2qP~qo~16qf~16qt~12qf~12qt~qe~0qd ~20q&~qr~12q*~6qg ~qGi~4qth~qf~qi~qr ~4qd~2qi~qr~qs~q'~04qd ~4qt~4qk~qs ~qr~qe~q'~qG~8qf~44qO~qe~qn~0qt to ~qo~20qa the state and NOAA. After r~qe~q3e~qo~qr~qr~4qh reserve the initial a ~-~q4~q.~q4 an -- ~0qt property and pay t~0qh~qe Fed" designation. a state is ~qali~2qg~2qi~24qw~qo f~4qW a phase~q. No mare ~0qt~0qh~8qm ~24qM~4qM ~6q(~4q3) ~2qp~qar~qt~qa~qn, of Government an amount computed by the ~2qi~16qWt~2qU~0qd ~q&~qc~2qq~qu~12q&~2qf~12qd~qo~qn ~4qi~4q0~0qd ~0qd~6qa~qv~qg~40qWp~0q=~qnt applying the Federal percents" of ~q- supplemental acquisition a~qr~24qd development awar~2qd~2q(~qs) in accordance award ~qs~qa~qa~08qr be #=ended on sum participation in the ~qC~12qW of the ~qo~qr~40q*~2qb~qm~2qd with I 921.3~q1~0qL. In this p~qc~qart~q-~4qd~q&s~qx~4qg:~qa~q&~0qt~6qk~4qM fa~qc~6qi~4ql~2qit~6qi~8qm NOAA must make a ~qs~6qp~qeci~28q& ~0qpr~qo~0ql~qect to this proceeds ~16qb~qo~6qm the "I* acquisition and development Phase~q, determination. based an the final E~24qM (after d~qed~qu~qc~qt~4qin~2qs actual and reasonable ~0 Federal Register / Vol. 55~ No. 14~~ / Monday. July ~~~3. 1~9~qW RL~~e~ and R~~g~~la~~ic~~~ ~2~9~9~5~!~ selling and repair or renovation ~qin the mana~qge~rnent plan. are under state may request a supplemental expenses. if any. from the sale adequate state control sufficient to acquisition and/or development proceeds), or direct the recipient to provide long-term protection for reserve award~q(s) for acquiring additional transfer title to the Federal Coverr~i~nien~t~. resources and to ensure a stable property interests identified ~qin the If directed to transfer title to the Federal environment for research: r~nana~qgement plan as necessary to G~~er~t~tme~nt. the recipient shall be (~4~q) Designation of the area as a enhance long-term protection of the area entitled to compensation computed by reserve wiil serve to enhance public for research and education, for fa~c~:~ql~qi~ty applying the recipient's percentage of awareness and understanding of construction. for restorative acti~v~it~;~as part~.c~:~-~-a~t~icn in the cost of the original estuarine areas. and provide 3U~!~table identified in ~t~qhe approved ~qman~3~q;e~r~n~r~en~t project.to ~@~qhe cur-rent fair ~qmar~qk~a~t value opportu~n~i~t~4e~s for public education arid plan. and for administrative p~-~,~@.~4q7~c~s~e~s. cf the property: in~!~e~rpr~e~tat~ion: T~qhe amount of Federal ~qf~qt~nanc~qi~a~l~l ~(~iii~q) Fair market va~.~-~.~:e ~c~qf the p~7~,~,p~e~rty (5) A final management plan has b~ee-~1 assistance provided for supplemental ~-~~~~st be determined by an independent ~- approved by NOAA and contains the ~qd~eve~qlop~qme~rt costs directly associated appraiser and certified by a resp~cns~i~-~ole s~,~.~Qned ccpy of the designation findings: with facility c~orst~r~uct~qi~cn other than ~~~~~ial of the state. as provided by ~q(~q6~q) An ~qSIOU has been signed between land acquisition (ie.. f~ra~qicr cc~rs~truct'~o~n E)epar~q=ent of Comm, erc~e Regulations in t~l~-~-~- state and NOAA ensuring a long- ac~*~-~:~%~@t~qies) for any one na~n~qi~c~nal es~tua~r~'~i~qm~a 1~3 CF~qR part 24. and Uniform Relocation te~.~-m commitment by the state to the research reserve may rot exceed Assistance and Real Property effective operation ~a~nd implementation Sl~qZ~qW~:~100 and must be matched by the Acquisition for Federal and Federally ~o~qFthe national estuarine research state c~-a a 50/50 basis. Supplemental assisted programs in 15 ~qCFR part 11. reserve: ~a~nd acquisiticr~t awards for the acquisition ~of ~(~6 Upon instruction by NCAA. (7) The coastal state ~qin which the area lands or waters, or interests t~q@erein~. for provisions analogous to those of is located has complied with the any one National Estuarine Reserve may I 921~4q21~qte) shall be included in the requirements of these regulations. not exceed an amount equal to 5~q0~-per documentation underlying le~ss-th~a~n-fee- (b) NOAA will determine whether the cent~um of the cost of the lands. waters, simple interests acquired in whole or designation of a national estuarine and interests therein or ~q$4.0~0qm.000 part with Federal funds. research reserve in a state with a whichever amount is less. In the case of (g) Federal funds or non-Federal federa~qlly approved coastal zone a biogeographic region (see Appendix I matching share funds shall not be spent management program directly affects to this part) shared by two or more to acquire a real property Interest ~qin the coastal zone. If the designation is states, each state is eligible for Federal which the State will own the land found to directly affect the coastal zone, financial assistance to establish a concurrently with another entity unless NOAA will make a consistency national estuarine resear~cl~qk~r~eserve the property Interest has been ~qIden~qd~qf~qied determination pursuant to section within their respect~qive-por~q2~o~n of the as a part of an acquisition strategy 307(c)(~q1) of the Act. 1~q6 U~.S~.C. 14~6qA and shared biogeographic re~qg~qf~o~L - pursuant to ~q1921.13(7~q) which has been 15 CFR part 930. subpart C. See Application procedures are specified in approved by NOAA prior to the I 921.4~q(~qb). The results of this subpart I of this p~q#~r~qt Land acquisition effective date of these regulations._ consistency determination will be must follow the pr~qb~q"dures specified ~qi~n (h) Prior to submitting the final published in the Federal Register when a I ~q9~2q=~q13~q(a)(~4qn 1 ~q9~8qM.2~q% (e) and (~q0 and management plan to NOAA for review notice of de~l~lign~ation ~qis published. See I 921.~6qWc). and approval~. the state shall hold a public meeting to receive comm ~4qZ~at on (c) NOAA will cause a notice of ~8qM~2q3~q2 ~2qO~qp~er~et~4qw~i ~qW~8qW ~qm~qw~qw~8q@ .~. ~.~4qm~4q*~0qma~qm~0qf~0qt~qs~q@~n he ~qmw~4q"w~n~ent p~lar~t. the plan in the area ~0qO~e~4qd~ed. by de3i~qg~nation of a national estuarine.-" oft estuarine research r~eserva. NOAA will research reserve to be placed in th~qi~.~, (a) After the national ~estu~ari~n~e publish a notice of the Meeting in the Federal Register. ~q7~q1~9 state shall be researchres~qi~qi~v~e~qis f~o~r~4q*lly de~qs~ql~qj~q@ated. F~~ds~2q* R~2q"~qi~st~er~.~q!~4qMe state shallb~e ~re~sP~o~n~sibl~e for having a ~sim~q4a~qr notice. the state Is eligible to r~ec~2qa~s~qt~qm Fed responsible for having a sim~qnar notice published in the local media. funds ~qt~q@~qjs~6qws~qft~qh~a state ~0~q; ~qI~c~qt~qa, published in the lo~ca~ql~,~qm~qw~qH~A (d~q) The ~qierm -state control~" In and management ~of the c~qh ~q9~4q21~.~'~6qWa)~q[3) does not ~n~e~8qa~qs~i ~r~e~g~a~r~qm~. ~qT~qh~e pu~qrp~o~s~e'~a~qt We ~qF~od~er~ally Subpart ~6qD~q-~qR~es~er~v~e Designation and r~eq~u~qi~r~s that key land ~qin~4qdwa~qie~~r~8qir~eas be ~qf~qimd~ed ~o~qp~qc t~qio~n and -- -ant ~\ phas~qp is. Subsequent ~4qOp~qw~a~qu~o~n owned by the state in fee si~6qm~4q0~e. to ~qi~qm~q@l~e~qm~i~e~n~qt the approved ~qf~qi~n~qi~qd Acquisition of le~qw~th~s~at-fe~qe~q;~s~ql~4qm~qp~q@~e management plan and to take the 1921.30 ~qD~e~s~qi~qgr~tat~qi~o~n of ~qKat~qion~al ~qE~i~stuw~4qt~t~e Interests (e.g. conservation ~asement~s) necessary ~s~1~e~qp~s to ensure the conti~q-~nu~-~ied ~1~;~. ~- R~~~~qw~chR~4~O~q&~v~9~q&~-~-~'~,~'~"~'~@~- .- and utilization of ~exi~sti~n~qg'Stat~e ~e~qf~qf~qi~qm~qa~y~s, op~e~qm~qd~qm of the research (a) The Under regulatory measures are encouraged. ~r~e~g~e~r~v~qc ~r ~4qmay designate an area ~qi~s~i~l~qir~, o~0qatrat~s that where the state can dem (~qb) State operation and management estuarine research' ant t~o these interests ~a~nd meas~*u~qies assure of national ntu~ar~qin~e research reserves section 31~q3 of the-Act. if b~qised on adequate long-term State control hall b~e consistent with th~e mission. and written ~qf~qin~qd~qi~n~qg~qi~2q&~2ql~8q6~qt~qi~ql~l~8q" ~0qmet t~qh~e consistent with the purposes of the Shan further ~th~e goal& of the National ~q1-~qI ~qn ~q-- ~q.'.~'L following r~qe~6qg~qi~4qi1~qr~qe~8qt~40q&~40qE r~qe~qae~qa~4qm~4qb reserve (see also ~0q� ~4qOZ1.~8q13(a~4q]~0q(7~0q@ Estuarine Research R~qes~qe~4qm ~6qSy~6q!tem (see state S ~8qi hould the state later sled (~1) The G~qo~2qv~36q@~36q@ ~8qb~28qi in which the are's is located has US so an Interest ~8qI~qn such lands.,..\ ~4q(c~4ql F~qed~qa~28qm~qil funds of ~qu~2qp~q-~4qt~8q6~52q4~4q7~2q9~q.~8qb~04qw ~0qi~0qi~qr nominated the ar~2qi~6qi f~qo~qr~q-d~6qa~6qi~0ql~0qig~4qhatio~4qi a'&' to ~2qpu~qr~qc~0qha ~8q& ade you. in~6qg NOAA ~0qh~qu~q2~0qd -q~qu~qat~qe to b~qe~q-~08qmatch~qed by the date ~2qbn a national estuarine r~2qes~qearc~2qi~8qb ~4qi~qt~40q"~qr~4qm~q. justification ~4qu to the n~6qi~6qed for such ~8q5~4qo~2q/~4q5o basis. are a~qv~28qW~qa~4qb~4ql~qe for th~qe ~4qM ~0q7~4q1~qi~qs area ~2qi~qs a representative acquisition must be p~qr~88q"~6q4~q&~4q@ to NOAJ~q.~q- ~8qj~2qi~4qf~4qt~24q4~4qj~qe~16qWnt o estuarine ecosystem that Is ~qs~qv~qiltabl~qe .for ~16qm-t~8qi~qonand~36qi 1~4q921.31 ~2qSupp~4ql~qe~qr~qn~qs~qe~qd~4qd ~4qw~4qqu~08qmon ~qar~08qW national ~qa~qstua~qr~2qi~qn~qe~q'~0qi~q*~qsw~qe~2qi~qrCh ~qr~qese~6q@~qv~qe~q- long-term research and contributes to ~4qd~qe~qv~qt~4ql~qo~8qp~qf~qr~0qa~6qm ~q8~q-~q21 including 'the ~qest~qabl~2qis~6ql~qi~qn~2qf~8qint and the biogeographical and typological operation of a basic environmental balance of the System~q: After nat~8qi~0qg~qnal estuarine research in th~qe case of a (3) Key tend and water areas of the reserve designation~q. and as specified In monitoring Pr~qO~12qW~4qW~qI~4q@~q- proposed research reserve. as Identified the approved management plan. the ~q- biogeographic region (we appendix I t~4qo ~0 ~9~9~5~6 Fed" ~R~qf~qt~i~qA~W ~/ Vol. ~s~5. No. 141 ~qM~~mday. July z~qi ~1~9~qw / R~z~ig~ and Re~qT~qAa~i~i~~~~ this part) shared ~I~>y two or more sta~~qm accordance with se~r~~i~on ~1 ~~~qL13 and performance eva~qW~At~ions. If other each state is a~qL~qi~qg~qible for Federal shall include an ~a~qd~qmi~n~qi~s~qm~f~f~qdve exper~qa are to be i~n~t~-~1~-~A in the financial assistance to establish a framework for the mui~t~qip~qle-~a~qi~t~e research ev~a~qiw~r~t~qi~qm NOAA will ~qf~u~z~it ask ~qd~@~A national estuarine research reserve reserve and a des~c~ir~r~qp~r~qbon of the state to recommend app~r~v~qp~dat~e W~i~qL~, in their respective portion of the complementary research ~a~n~qd individuals to serve in t~qh~qU cap". ~~~~a~red ~qbio~qge~o~qg~ra~qp~qiu~c region (~see educational programs w~qi~qd~iin the (~qd~q) Performance evaluations will be research reserve~. ~qf~qf ~2qNO~4qA~8qA det~e~n~-~qm~i~re~s~. conducted in acc~ardance with the ~,~qd~q) Cpera~qL~on and management funds based an the scope ~of the project ~sm~qd pro~c~e~qd~q=1 &Ad public participation are subject to the fo~qL~qi~o~qw~qi~n~qg limitations: the issues a~ss~q=ated with the additional provisions of the ~0qC~6qZ~2qM~2qA re~qgulatic~a~s an (1) No more ~L~q@an ~q$70.000 ~in Federal site. that an environmental assessment re~v~q@ew of ~qp~e~rf~amance at ~q1~q5 CF~qR part ~f~-~-~qds ~qmay be expended in a twelve is ~qn~qd~qf~qi~qce~nt to establish a m~u~qlt~q4~qi~e~-sit~e 9~qZ~qB (ie.. I 9~q28~-~3~q(b) and ~q1928~-4)~. ~n~an~t~qh award ~qpen~od (ie.. Federal funds research re~ser~qm t~qh~qw the state shall (e~q) To ensure effective Federal for operation and management may not develop a revised management plan oversight of each research reserve b~z exp~eaded at a rate greater than which. concerning the additional within the N~a~qd~o~qm~ql Estuarine Reserve ~$70.000 per year); component. incorporates each of the Research System the state is required to ~q(2~q) No mare ~qt~qh~q= ten percent ~o~qf the elements described in ~q1 ~q9~4q=1~q3~q(~&~q@ The submit an annual report an o~qp~er~at~qic~n total amount (state and Federal shares) revised management plan ~0qAall address and management of the research reserve of each operation and management goals and objectives ~qf~0~f a~ql~ql components during the immediately preceding state award may be used for construction- of the multi-site research reserve and fiscal ye~ar.-Thi~s annual report must be type activities (ie.. ~qS~q%4.000 maximum the additional component's relationship submitted within a ninety day period per year). to the original ~e~qf~qte(~s~q). foll~ov~2qA~n~qg the end of the state final year. ~J92~q%.~0q= Boundary ~c~h~ar~q4~qp~e~s~. at ~qm~qW~W~ ~0q&~qm~2q*wt ~qz~q_~qp~qw~qf~o~r~u~qmc~e E~v~a~0qW~2q*~qm The report shall detail program to the ~f~f~u~nr~u~lg~e~qm~i~a~c~t ~qV~qW~1~. and ~Sdd~0qM~q= Of and w~0qf~0qt~h~6q*~qm~qu~qi of ~4qD~e~qal~qi~qp~qu~ql~qb~a~n ~s~u~cce~m~qm and ~sc mpli~s~4qh~0q@ ~Mu~lt~1p~i~o-~a~f~t~e Components. referencing the ~r~qm~qw reserve (a) Changes in r~e~.~, ~e~arch reserve 1021.~40 E~va~qk~qe~qd~qw of ~s~qy~s~t~2~qM management plan and. as appropriate. boundaries and major changes to the ~qp~e~qdar~qm~s~e~"~M~L the work plan for the previous year. A final man~a~qg~e~m~qm~0qm ~qp~qla~q= tr~u~qdud~qin~qg ~0qO~qAt~e (a, ~qF~qo~ql~qL~o~qw~qi~n~qg ~4q&s~qi~qg~n~at~qi~n~n of a ~n~1~a ~A~&I w~qm~4q* plan~. d~et~a~qi~qL~qi~n~qg t~q@~e p~r~o~qf~ects and laws or ~r~e~qg~0qWa~t~ia~n promulgated estuarine ~r~e~s~ea~r~r~-~qh~r~e~m~arv~e ~qPUz~z~"~A~n~qt t~O activities to be ~an~qder~qt~a~qi~te~n over ~ql~qh~6qt specifically far the research reser~qm I ~q9~q2~q1~-~q1~8qM ~qp~at~qdo~qd~6qk pe~r~qlo~q-~qM~AC4~1 coming ~q7~e~qw to meet the ~qg~o~u~qls sod may be made only after written evaluations ~sba~qll be ~e~ar~i~qd~-~1~c~l~e~qd ob~qf~e~ct~qt~ye~s of ~qO~t~e research reserve as approval by NOAA. If determined to be concerning the ~o~qp~er~s~qd~o~n and described In the mana~qg~em~en~qt~qp~qla~n and necessary, NOAA may require public management of aac~qh national ~a~-~f~t~q-4~n~@ the ~s~2qw~e~'s role in ongoing research n~otic~a~. ~qf~qt~qw~qJud~qing notice in the F~ed~qw~al research reserve. ~r~p~c~qhu~f~l~m aw research reserve ~qP~r~u~qs"'~s~- sh~a~qn also be ~qIn~0qdud~4qa Register and an opportunity for public and man~qi~qt~o~t~qi~n~qg conducted. w~qi~qth~ql~l~q@ f ~q921A I ~qSu~sp~er~u~qd~on of s~qo~'~qG~8q&~qM~8qV for comment Changes ~qi~n the b~otmd~ar~qi~es of the r~o~qm~qm~e and education and r~h~qunc~qi~al ~a~s~s~qt~s~h~m~qw~q& the research ~qwwrv~e ~qL~av~o~qlvi~n~qg ~0qdw ~qI~n~qta~qrp~r~a~qt~qE~V~A Evaluations may It 4~9 ~qp~e~r~qf~OM~qA~DC1~8 ~e~V~4~q1~Ua~2q&~qM ~qW~qd~er acquisition of properties not listed In ~MA~q"~i $a performance ~ql~2qi~'~a~qn aspects of. ~qQ~qZ1.4~qi~qo ~p~qr~qwa~ql~s &at &a o~qp~e.~a~qd~a and management plan or final EIS ~C~e~qq~U~qW~G research ~z~esa~r~v~q&~op~e~r~s~qf~qlo~n and ~qm~a~n~a~qge~u~qW~n~qt~o~ql~qth~ere~q"~a~r~c~qh~l~e~q"~qn~s~0qh public ~qwt~qic~e and the opportunity for ~T~r~, an ~a~g~i~qm~e~qs~qit. ~o~qi ~z~qi~qiy ~q1~qW ~l~i~qm~qi~ql~ad in ~qW~-~o~qp~e~. de~qf~qi~c~qi~e~2qK or Owl be ~qM~s~e~a~r~c~0qk~qbe~8qb~8qe comment: In c~erta~qrn cases. sit focusing ~o~n c~o~nd~u~e~6qW ~qi~0qAt~qh~qin the reserve Is ~O~8qW enviro~am~qm~q(~a~ql ~a~s~s~e~s~a~qme~nt ~it~ad ~qP~q@~qi~s~qi~qb~qly~. ~qi~qmpor~qt~qm~qw~e. CODA~ W~qR~qk ~6q*~*~qF~A~qh~qW~q1~qM~2q7~qA~9~G~a~qK~8qV a --- an env~qi~a~qt~qi~qm~e~n~q4al~ql~s~e~qp~a~cf On ~1~X~8~2~3~q1~n~e ~4qCu~qld~a~qlk~e~s referenced In ~i~qm~qb~2qp~a~qi~qt F~o~qf ~c~q6~4qw~:~@~,~@ ~q_~q@~, ~J~0qai~q@ may ~qb~q;~@ i~r~e~qq~u~qir~t~4~qL ~2qV~0qAer~6qi ~qp~0qW~c nod and ~qM~a~na~qg~o~qn~L~e~a~qL~i~n~qa ~4 us Pat ~ql~2qu ~e~4qv~0qo~qr~2qA~8qf~8qt of on research req~u~0qk~ed. ~0qN~0qOAA wit place a ~not~qi~c~.~8 to whether ~s~i_~v~a~s~q"~qi~0qa ~J~s~qi~q@~ar~v~qi is less". f~o~r F~ed~qw~a~ql ~qf~qf~qm~o~ad~e~ql. a~s~&~2qW~qA~n~q@~e the Federal ~6qR~e~qg~qist~a~qi of ant ~c~o~qm~qp~ql~qi~a~z~qi~c~e ~M~qd~2qa~qi~qb~d~q@~8qa~6qj~6q&~e~qm~'~e~l~qi~q@~qi~e~qf I ~. ~4qpla~qtio~ns may be ~qiv~qi~ta~qthe~qr~. ~e~s described in these rev ch~a~n~qg,es in research r~es~qw~qm them ~qn~w~qp~qj~n~6q&~qd~:~z~q6~8qW the deficiency ~o~r ~,~a~z or proposed major ~ch~x~n~qg~q" to final ~ql~8qu~qe~qn ~f~i~-~qf~qt~,~qd~on and ~qm~a~na~6qv~qm~e~nl of ~qi~n~qwnsist~ancy is remedied. ma~a~e~qgem~en~qipl~an~. The state sh~all~4qb~e the ~6q4~qi~6qW~L~2qA r~e~l~e~qir~v~a fA ~CO~qU~qL~qiL~l~qOt with ~- ~1 ~q(b~qi ~8qNOAA Will Provide the state with responsible for ~qp~Ub~qli3h~qi~n~qg-~a~n e~qg~qm~qtV~a~ql~e~nf and ~qh~2q4~0qd~w-~L the ~s~qm~f~@~e~f~a~n and SONIA ~Q~qf the a written notice of ~qt~qh~e ~qd~e~qf~qi~ci~d~U~C~qT ~OL - - - . no~qdc~e~qI~nt~qhek~qw~0qAme~qd~qF~qc~0q&~qw-a~qJ~qW ~'N~ati~oni~L~ql ~qF~i~l~qi~,"~i R~s~s~qw~v~* ~qR~d~s~l~at~qr~0q*4~0~. ~qinc~on~sis~qt~e~qm~qy. ~4qr~6qd~s notice will ~qO~0qv~qi~6qd~s system requirements of J ~qO~qZL~q4~q(~qb~q)~'~e~8q" the ~qr~h~m~A~i~n~g a~s~s~e~s~e the Federal role ~qb~s - ~8qmr~i~qb~ut~qi~0qf~0qt to ~8q" ~qp~qmb~8qkm. ~qp~e~o~qP~o~q" A ~q(~qb~q) As ~qd~qi~p~q=~s~e~qd in f ~qO~qi~8qL~8qW~qb~q@ a ~st~a~il~e support any am ~a~r~qm~or~e~a~qf~qt~qh~a~qp~o~qd~q'~q7 may ~2qd~h~o~o~se to ~8q&~r~re~0q@ ~e~qm~od~4qU~qp~qh~o-~fi~0qf~0qt ~*-- made -~4~-- .~0~. solution or ~s~o~ql~u~qd~o~o~A~. Provide ~~a~t~i~n~n~a~l ~e~x~t~ua~r~qi~n~e ~M~a~s~qm~q" ~a~qf~qt~e~L ~q(b) ~0qc~o~n~a~r~an~qy. ~qp~ar~qr~a~c~n~a~qm~e ~qW~qc~qa by which, ~4q" ante ~s~qk~ould remedy the ~&~q1~q1~& d~e~qf~qt~c~ql~ency or ~qIn~co~a~l~ql~st~q"~I~c~qY~. ~M~MA ~4q"~qI~a the Initial acquisition ~qm~0qd ~qd~a~T~u~qla~qP~O~K4~0~q1~; ~tv SIZE ~qw~qb~gt~qh~qw th~e sale~'s ~0qd~4q*~qLb~6qW~qty for Federal award f~qor~qa~qs~2qin~6qg~4ql~qe ~q8~8qf~08qW~8qb~8qW~20qb~q9~q1i~4qn~8qAu~q1~qLd~q4L M~8qm ~4qb~qr~qe~4qq~qu~qent ~qe~qvalu~qst~qi~qo~8qu MAY be, ~08q4~qt ~8qf~8qt~qu~qa~qn~qc~28qw a~8qu~16qh ~- ~0qM~q, has be~qe~qs~qs suspended Public notice of the proposed adrift= ~2qw~32q&~q*d~0qk~qL~4qU~24qd as ~0qA~q*~qt~q-~qm~qe~ql~qm~qi~qd to be `~q_~8q@ -~q@` ~q_~q_ _~q1~8qW ~.~q.~q, ~q'~q1~q@ in ~8qW~4qh~28qa~qs a~qr pot. ~0qix dos ~12qw~8qic~qe ~4qt~4qh~qe state ~q- ~68qY~q-~8qk ~q- will ~0qbe placed by NOAA is ~24qd~4qw ~6qF~qO~24q&w~20qd nee" b ~4ql~2qqnAA~- aim b~qo ~qe~4qd~qy~2ql~qe~qad that it ~qR~qe~52q&~0qt~0qw. ~6ql~20qu~qs s~0qt~qar~qt~qe AMR be, ~qr~qa~qs~2qp~qo~qu~qsi~0qll~20qk ~44qW co~qnd~qu~16qe~qe~20qd by ~20q7~q4d~qer~0qel ~qO~28qW~q&~4qJ~q. ~16qY~24qA~qM~0qd comment an this lading and ~qi~qm~qs~qet ~4qW~44qO for publi~qa~6qk~8qi~qng ~qLa ~qo~8qq~12qd~qva~0ql~qe~qn~0qt i~qt~qc~4qi~8qd~qed, ~48q6 NOAA ~qG~4qO~04qW~6q" to A the Dwells of the local m~qa~20qd~2qW~qL An ~qopp~qor~qtun~8qitV ~0qf~qOr ~q- determined to be ~qn~q4~qc~qls"~6qi~0qi~q- ~0ql~0qF~0qed~0qw~qa~8ql end lion ~8q"~0qd ON& to don. to the ~6qpr~qe~6qp~qa~4qm~4qt~6qi~qo~qv~2q@ ~qn~qo~qn~q-~0qF~qed~qu~4qm~4qt ~2q1~2qp mt. resource th~qe p~qa~qr~28qk~qs~4qm~2q"~4qM ~qe~qvalu~qa comment In add~qii management ~8q"~4qt~qu~qa~qr~2qi~qs~8q"~qO~0qn~qp~qc~0qh~q, remedy ~24q&~q@ ~8qd~qe~4q6d~qa~qn~qc~6qy of ~16qW~qc~8qM~0qW~q2~6q!~4qM~4q=~2qy~q- of either an ~qa~qn~qvtr~qo~qom~qe~qn~qtal ~q8~q8~q9~q02~qS~qU~0qM~4qt ~q.~q0~4q1 ~0q1~28q2~8q5~2qib~2qi~4qli~0qt~2qy of a ~qa~qs~qs~qea~qtch "or" ~4qI~4qf~4qf ~qs~0qt~qa~0qla~qm~0qm~qa~0qt on ~2qI~qn~qt~qe~qr~8qp~qr~qe~qi~0qt~qe~2qd~qo~qn ~qo~qr ~qO~0qt~0qh~2qf~2qf aspects or envir~qo ~qr~qa~4qw~qa~qr~qd~0qb ~qT~qe~qs~qa~4qm ~8qf~8qt~qU~qa~8qW~16qW ~qg~qa~12qd~qst~qm~8qz~qe ~q@~qn the" the proposal~q. will al~8q" ~4qM~8qq~qu~2qi~qred. An national ~qe~qsh~qk~qsr~8qkw ~qr~16qqp~2qg~qS~6qd~qo~8qw ~q&~32qW be restored upon op~qo~qr~qs~4qtim ~qa~qnd ~8qM~qn~qa~12q"~8qM~qa~qu~4qt may to environmental Impact s~0qt~qa~qte~0qm~0qa~qn~2qt if to participate In written notice by NOAA t~qo th~qe "Is's required. shan ~0qb~qe prepared in ~qr~q4~16qq~qu~qe~qs~0qt~qe~24qd by NOAA ~0 Federal Register ~/ Vol. ~5~3~ No. 141 / Monday, July ~~3, 1~~~~90 Rules and Re~g~~q2at~i~n3 299~57 that t~q@e deficiency or ~8qL-~c~o~ns~qiste~ncy has I ~9~21.~2~1~1~q(e) re~qgar~q'~qL~n~qg t~qhe disposition ~o~qf to any other funds availa~qb~le to a c~oast~a~q: been reme~qd~q;e real property acquired in whole or pan state under the Act. Federa ~-esear~c~qh (d) If, after a reasonable time. a state ~%~q@th Federal fu~r~id~s shall be followed. funds provided under this ~I~l~L~qbpart ~r~qm~us: does not remedy a deficiency in the (~q0 NOA.~qA may not ~qw~it~l~q@d~raw be matched equally by ~t~qhe rec~,~.p~' ~*e~nt. ~p~~rat~;~on and management of a na~Lio~nal designation of a national estuarine consistent with I 9~21.~81(e~q)~q(4) estuarine research reserve which ha~s research reserve if the pe.~-~qf~c~r~ranc~e ("allowable costs"). been identified pursuant to a eva~ql~,~,~;a~t~qi~on reveals that t~qhe de~qf~q:c~-~.~enc~@es pe~~;~o in ~a~nan~a~qge~rr~ient of the site are a resu~l~l t of . ~q=a~n~ce evaluation under ~q1921.~51 Estuarine research guidelines. ~9~-~'~1.40(~'a), such outstanding de~;~@~:~:~4e~ncy inadequate Federal ~qr~lnan~c~@al support. ra) Research w~it~qh~in the National shall be considered a basis for ~.~,I~n~ia~n~ne Reserve Research S~qys~te~nn ~2qN ~qhd~.~-awal of desi~qg~na~qL~ion (see ~q1921.42). Subpart F-~-~qR~es~earc~qh ~q@~a~qll be c~o~rducted in a m~a~r~-~ier ~8qv~~~. ~5 ~1921.42 ~qWIt~hdr~aw~al of designation. ~qJ 921.50 G~en~sraL consistent with Es~n~uari~ne Research (a) Designation of an estuarine area (a) To st~qi~-~mulate high quality research Guidelines developed by NCAA~. as a national estuarine research reserve within designated national estuarine (~qb) A ~su~qm~qm~, ary of ~the Estuarine A Research Guidelines is pu~qb~qLs~qh~ed in the may be withdrawn if a performance research reserves. NOAA may provide ~"eral Register as a part of the notice evaluation conducted pursuant to financial support for research which is red ~1921.40 reveals that: ~- consistent with the Estuarine Research of available funds discussed in (~1) The basis for any one or more of Guidelines referenced in ~qJ 921.51. ~q1 ~q921.~q50~q(c). ~~he findings made under I ~q921.3~q0~q(a) in Research awards may be awarded (c~q) The Estuarine Research G~uide~qi~qi~ne~s designating the research reserve no under this subpart to only those are reviewed annually by NOAA. Th~:~s longer exists: designated research reserves with re~%~r~qiew will include an opportunity for (~q2) A substantial portion of the approved final management plans ~ivith comment by the estuarine research research conducted within the research the following exception: NOAA may community. reserve. over a period of years. has not award research awards under this ~q1~q921.52 P~r~o~n~qmt~S~o~n and coordination of been consistent with the Estuarine subpart to reserves without final ~e~stu~a~d~n~e ~r~e~s~ear~e~0qf~0qt Research Guidelines referenced in management plans that have been (a) NOAA will promote and subpart F of this part or designated prior to the effective date of coordinate the use of the National ~(~q3) A state. after a reasonable time. these regulations: in the absence of an Estuarine Reserve Research System for has not remedied a deficiency in the approved final management plan. research purposes. ~qi operation and management of a however these reserves will be eligible (~qb) NOAA will. in conducting or research reserve identified pursuant to for research awards during only the first supporting estuarine research other than an earlier performance evaluation two years after the effective date of that ~authorized under section 315 of the conducted under ~q1921.40~. these regulations. Although this research Act. give priority c~o~qmidera~t~qio~n to ~(b) If a basis is found under may be c~onduct~qid within the immediate research that uses the National I 9~q21.~q42~q(a) for withdrawal of watershed of the research reserve. the Estuarine Re~t~serv~e Research System~. designation. NOAA will provide the majority of research activities of any (c) NOAA will consult with other a late with a wT~qitten notice of t~qhis single research project funded under this Federal and state agencies to promote finding. T~qhis notice will explain the subpart must ~qbe conducted within use of one or more research reserves basis for the finding. propose a solution reserve b~ou~n~qd~e~qdeS~. Research funds are within the National Estuarine Reserve or solutions and provide a schedule by primarily used to support management- Research System when such agencies which the state should correct the related research that will enhance ~' ~' ~' ~q' conduct es~qtu~qir~6qm~qo ~qte~s~e~s~qirch~. deficiency. In this, notice, the state shall scientific understanding of the research ~1~4~q" also be advised that it may comment on e~2q& provide information ~r~e~s,~e~r~ve ~e~c~o~s~qy~st the finding and meet with NOAA nee~q4~ed by"r~e~s'e-~r~v~i~ei~i ~i~na~qiiger~qi and Coastal I 9~q2~q1~4qA~qO ~qG~qW~4~W~2~qL~q!~q6~q;~J~J~qJ~4q*~:~.~qk officials to discuss the f~ql~a~r~ql~i~n a~nd~s~eek~. ~.~'~T~n~-~r~qi~qs~ome~qitd~o~q@~qis~qi~qb~qi~q@~-~'makers- mid to correct th~i~qidef~qiciency. ~-improve public ~qiw~qir~e~qwss and (a) To p~r~o~qi~qid~qe a sy~ste~qma~qt~qic~qba~sis for (c) ~qL~qf. within a reasonable period of -understanding ~o~qt~e~stu~arin~qi ~0~q6~q6~s~qiste~qms developing a high quality e3t~t~larin~o~O~. time. the deficiency ~qi~qk not ~c~orr~e~q;t~ed in a and estuarine m~8qA~qi~qgeme~qit issues~. m~ourc~s and ecosystem ~qin~qforma~qd manner acceptable to NOAA~. a notice Research projects may be ~q6~qi~ri~s~i~nted to b~e~q" f~qb~r ~n~a~qd~q@~6q@ ~qi~s~t~qua~4q@e research of intent to with~qdraw.de~si~qgnat~qi~o~i~L with specific research reserves: however. reserves aid. ai a ~re~s~0qW~qt for the System. an opportunity for com~qinent. will be research projec~4qU that would benefit NOA~6qA may provide financial support for monitoring ~qP~r~o~qg~qj~a~qm~s~. monitoring ~placed in the Federal Register- more than one research reserve in the (d) The state shall be provided t~qh~q@ National Estuarine Reserve Research funds am used to support three major a~i~i~n~-~qi~t~qiforma~ql hearing System are encouraged. phases of a monitoring program~. studies opportunity for my for comprehensive site before the under ~qSe~2q&~e~qt~j_u~8q7 to consider (~qb) Federal research funds under this ~n~e~c~e~s~s ~a of de~sc~ript~qi~qo~n/charac~terization~. ~qN~qOAA~'s ~qr~Lndi~ng of ~qde~qlk~qi~qincy~s~ind intent subpart am not intended as a ~s~our~c rile, and d~qa~8q;~72q4~q7~40qW~4qI~qC~36qS~0q-~qO~qv development of a site Pro to withdraw well "'the' c~qontinuousi funding for ~2qi ~6qP~q'~8qirticul~qar ring implementation of a ~0qm~qo~qn~8qito ~qy~40qf~q' as state's comments on sp~qe project over ~4qdm~qe~q. Research funds ~4qMa~8qy ~qr~qo~8qg~qr~qaM. ~quan be used to support start-up costs for ~8qP NOAA'~qs written ~2q1~qt~qotic~0qi~q'~q-~6qp~q'~qO~qr'~qs It t~qo ~q' ~6q(b~6q) mo~2qi~qi~6qi~8qi~qo~2qi~2qf~8q@~6qi funds am' notice long-term ~2qO~8qi~0qb~6qj~qec~0qts ~8qif a~0qh applicant can ~q"~q'~q: available an I ~q921.42~2q(~6qb) and Federal R~56qn~32qW~4qii t~8qit~8qi~qv~q@ basis to the state agency ~qP ~u~qr~q3uant to I 921.42(c). ~q- ~q- ~q- -~q'~q-. - ~q- ~q-~q, identify an ~qal~qtern~2qi~2qf~2qi~qv~qe'~qs~qour~2q6~qa of long- a Con" ~qn~qt~qor (e) Within 30 days after ~4qth~6qi~ql~6ql~4qifoi~48q" term research ~qsuppor~8qL ~qr~q- ~qr~qe~qs~6qp~q.~q.~qOns~2qibl~qefi~12q*r~4qm~q-rv~qe --~q& e~0qme ~6q(c~6q) Research funds are available an a q public or private person or ~qheari~qn~12q& the Under Secretary shall issue competitive ~4qb~2qis~6qi~qs"~0qjo any coastal state of 'and - by the Reserve. awritten decision regarding th~qe ~qU.~q' A ~20qH if ~q. app~6qi~8ql t is other than designation status oft~4qh~qO national qualified public or private Pers~qo e~s ~qtuari~qn~qg research reserve. ~20qU a decision notice of available funds will be the ~8qi~4qm~8qd~q. of a reserve is made to withdraw research reserve published in the Federal R~q&~8qS~6qist~qs~qr~q- research ~6q(C~qoas state), that applicant designation. the procedures specified in Research funds am Provided in addition must submit as a part of the application ~0 29~9~qM Federal Register / Val. ~S~5~ No. 141 ~1 Monday, July ~23. 1990 Rules a~d Reg~~l~~u~~~ a letter from the reserve manager recipient. consistent with I 92~.~1~.8~1(e~q)(4) public or private person may apply for indicating ~qf~ar~qm~al support of the (-allowable costs-). Federal ~qrinanca~ql assistance awards for application by the managing entity of estuarine research or m~o~nit~c~r~qing. The ~L~q@e reserve. Monitoring awards will be ~q1~121.71 Categories of ~P~ot~sn~t~qW a~rr~ic~u~nce~qme~nt c~qf opportunities to made cn ~t~qhe bas~i3 of a~qf~ive-ye~ar ~i~rt~e~r~or~ot~iv~e and educational p~r~o~2qoct~s; ca~nduc~t research in the reserve ~sy~s~-~z~ri p~,-~r~4~:~;~q=~a~n~-~_~e ~qper~-~,od: ~a~nd with initial evaluation Criteria~. appears an an annual b~-as~@s in the f~u~r-~qd~'~n~q; for a ~-~.~% e~q! ~@ a (~1~Z) m~o~r ~t~qh pe~qn~z~qd~; (a) Proposals for interpretive or Federal Re~q;ist~er. If a ~st~a~q4e i~s an! a~r~qM_~a~ql ~s~ip~p~i~_~-men~tal ~q@L~n~qd~qin e~cucat~icnal pro~qi~qn~t~s will be considered ~qp~ar~t~ic~@p~at~qi~n~qg in t~qhe national Coastal ~q9 under the following categories: contingent on p~e-~'o~rma~nc~e and (1) Design. development ~2~n~qd Zone Management Program. the a~q@~qp~r~up~na~r~qi~on~s u~n~q@~er the Act. d~;s~*~_~-~qi~qbuti~cn/~q;~q!~acement of ~qi~n~t~r~rpretive or applicant for an award ~un~qd~E- ~sec~qt~c~a ~4qM~onito~r~@ng f~t~L~nd~3 are provided in 315 of the Act shall notify ~1~q@e state ad~qd~qi~*i~on to any other funds available ~to educa~t~qi~c~nal media (i.e.. the development a ~z~3asta~ql state under t~1~qh~e Act. ~qFe~l~qderal of tangible items. such as exhibits/ ~c~zastal management agency regarding m~u~n~u~,~q=.n~a ~q@~ur~ids must be matched displays. public~zti~o~rs. posters. sign~3. the application~. audio/visuals, computer software and (~qb) An original and two copies of the equally by ~t~qh~,~! recipient, consistent with formal application must be submitted at I 9~q2~I.~q81~,~1e~q)~q(~q4~q) (**allowable CC3~t~S~'~*~q)~. maps which have an educational c~r least 1~qZ~qO working days prior to the (c) ~qN~qfo~r~qut~ar~i~n~qg pro~q@~a~c~ts funded =der interpretive purpose. and techniques for proposed beginning of t~qh~a project to the ~V following address: Office of Ocean and ~,~q@~;3 Subpart ~qm~u~zi~t f~oc~us on resources making available or locating ~qir~qdo~r~r~i~nat~qion w~it~.~qhin ~tne bcu~nda~ri~e~s of ~t~l~q@e r~es~p~arch concerning research reserve resources, Coastal R~eso~t~z~ce Management. reserve and r~au~st be c~or~si~a~t~ent with the activ~i~t~qie~3, or issues); National Ocean Service. National ~a~qppl~qi~-~cable ~-~-actions of ~0q&~.~a E~s~tuar~qLne (2) ~q6evelop~qment and presentation of Oceanic a~nd Atmospheric Research Gu~qi~qd~e~q!~qlnes referenced in curricula. workshops, lectures. seminars, Adm~qin~qi~strat~qi~qm Universal Building I 9Z~I-~q5~q1. P~c~rt~qio~ns of t~l~q@e pr~ojcct ~q=~qy and o~Lher struc~_~t~qwed programs or occur w~qi~d~qh~qi~p the ~qL~-~nmedi~a~te I watershed presentations for facility or field use: South, 1~8qW~8qZ Connecticut Avenue. N~8qW, of the Reserve beyond the site (3) Extension/ outrea~c~qJ~2 programs; or Suite 714. Washington. ~qDC ~8qW235. The ~bound~a~r.~'e~s. However. ~t~qhe monitoring ~q(4) Creative and innovative methods Application for Federal Assi~l~lta~nC~l~l Standard Farm 424 (No~n~-~c~ans~tr~i~l~c~ti~o~n proposal trust ~qdem~o~n~st~qm~t~e ~A~0q+~qy t~qhis is and techno~ql~c~i~qgie~s for implementing Program) constitutes the formal ~. ~*~. necessary for the ~s~uc~c~q7~_~q-~_ of t~qhe project. interpretive or educational projects. application far site selection. post-site (~qb) Interpretive and educational selection. operation and --~a~qg~e~qm~a~l~6qk Subpart H-~qIn~qt~e ~rpr~et~at~qi~on and projects may be oriented to one or more research. and education and ~qi~nt~qa~l~m~e~t~qive Education research reserves or to the entire awards. ~qT~qb~a Application for Federal ~1~92~1~L70 G~e~nwa~l. system. T~qh~ose projects which would Financial Assistance Standard Form 424 (a) To s~qti~n~t~L~qaa~le the ~qd~ove~ql~o~qp~tn~e~n~qt of directly benefit more than one research (Construction Program) constitutes t~qh~e reserve, and. ~qi~qtpr~act~qicabl~e. the entire formal app~qLica~qt~qi~o~i~n for land ~2q"~a~8qWti~o~n innovative or creative interpretive and National Estuarine Reserve Research educational projects and materials to ~. and development awards. Ilia System. shall receive ~qp~qd~o~6qd~qty ~app~qUc~ati~o~n must be accompanied by the ~nha~n~ce public ~a~rw~a~rene~s~s, and consideration for ~qf~u~l~odin~qg. information required In subpart ~qB ~qMers~t~a~ndi~n~qg of e~8ql~r~qi~n~e~qf~qi~a~q*~a~a~. (c) Proposals for i~n~qt~qi~r~qf~qretiv~e and ~q(pr~ec~ql~es~qi~qg~n~at~qi~on~qj o~qf~qth~qis pal. subpart C NOAA may ~qf~a~0qM Interpretive and educational pr~o~qje~qC~qt~qs In national ~of ~qth~qi~qip~airt and I ~q921~4qM (acquisition and educational activities. Interpretive and estuarine research ~z~es~e~rve~ii~i~.w~qil~ql be ed~urca t~qi~@~onal awards may ~q@e ~aw~ard~od .~,~: development~q). and ~qi ~9~qX~I~qM (operation evaluated in ac~cord~qa~nc~e~'~i~t~qi~2qf~2qt ~G~qdt~s~qdA and m~' ~' ~ e~qn~qt~q)~'~&~$ ~s~i~2qn~qf~qi~c~ab~ql~e. sew under this subpart to o~qp~ql~qy~,t~qho~s~e~l listed below-" A~qp~qi~8qZ~e~qw~qt~o~a~s ~tor development awards designated research re~l~qi~qerves~with ~q(I)E~qd~i-~A ~o~na~ql~a~r~;~n~t~p~r~qo~r~e~t~i~v~em~a~qd~qt~a; for ~c~o~qm~qf~qt~2q@~a~u projects, or rev ~r~at~i~v~o pproved final ~n~qm~n~s~t~qg~qem~e~6qa ~qP~ql~qA~ns with reserve ~ql~a~s,~0~q1~V~qI~D~i~qg ~C~O~n~St~?~V~G~qf~qi~O~q= ~1~21~1~0~3~1t ~ (2~q)Rele~qv~an~c~e~'~qa~r~qi~qm~qp~q6~i~qi~a~l~qi~c~e activ~qi~ll~qi~s~i~s lie following exceptio~qw, NOAA may manag~eme~n~qLa~r~c~o~s~s~i~8qW1~q1~01~C~0qW~4qT~qF~, -~"~-~6qV~- ~qi~n~c~ql~u~qd~e a preliminary engineering r~e~qP~qo~0qd~- ~u~n ~r award research awards ~2~- d~a' ~qt~.~0qW~s (3) ~qEduc~&~qt~2qW~n~a~ql ~qqu~&1l~0q* All applications must contgfn back UP subpa.~rt to reserves wit~qi~qmu~qt final soundness of approach. ~e~x~qi~q=~e~t~a~c~e data ~qf~qW ~qb~u~qd~qg~a~qt ~e~st~qi~qm~a~4qu~s (Federal and management plans ~tha~qtha~qir~e been related to m~eth~Dd~ol~o~qg~0qW~q1 - ~n~o~n~-Feder~al~ql ~s~qba~qns), and evidence that designated p~4~qi~o~r to the effective date of (4) importance to t~qh~e National the application complies wit" t~qh~e these r~e~8qpla~qtion~i; In the absence of an Estuarine Reserve Research Sys~qte= ~qEj~c~a~c~ut~qtv~e Order 12~8qV~6qZ ~' approved final management Plan: ~' ~q(~q5~q) ~qsud~qg~at and ~qIn~a~qti~qt~utio~qul ~' ~.~qI~nt~a~6q"~2qF~qm r~u~qment~al Review Of Federal howe~,~.~qw these reserves Will be eligible Capabilities ~qf~e~2q4~- ~re~a~s~O~n~A~4qt~qI~F~qMIS Of Programs~.~- in addition~. ~2qq~8qT~qnc~at~qion~3 for for research awards a~6qA~k~q#~q6~4qf~4qf~4qly the ~qr~i~qm~qt b_~- ~-~,t. su~8qZ~c~qIa~qMY of logistical ~S~uP~qp~or~2q* ac~qq~u~2qWt~qi~o~n and ~qdev~elop~qm~,_t, awards two year ~3 after ~qa~T~qe ~e~0qf~0qf~e~qZ~0q4~v~w date of and must contain: ~s~e~- th~,~e~se regulatio~n~s~.~'~*-~;~"~q;~,~'~%~1~4~6~@~q4~q@~0q&-~'-- ~q(~qe~q) in addition. In the Cass Of ~ql~O~n~qg~- ~q(1~q) State ~0qKs~qt~aT~qi~c Pre v~at~qi~o~r Office ~q(b) Educat~qi~ona~ql'~a~nd ~ql~8~qt~qK~2qP~9et~ql~v~* funds tec~in projects. the ~ab~qili~tY ~Q~qf~1~qh~a state or comments; are available on ~di ~qc~o~2q*~0qW~qU~v~qi`b~Gs~qis ~qt~o the grant recipient t~o ~suPPQ~rt t~qh~A ~qp~r~o~q)~a~8qd (2) Written approval ~4qf~ql~qo~0qm NOAA of ~qi ~qan~.t plan for initial any coastal state ~q*n~8qt~2q1t~6qY~q.~q_~q'~36qA~qo~0qf~0qf~8q*~qT~q- If t~0qh~qe beyond this L~qa~2qit~8qi~qal ~48q4~4q7~q,~qd~qI~2qS~6qS~q. the draft applicant Is ot~0qh~qe~6qi th~ql~2qi~qn~q*~24q"~qI~qt~2qi~ql~ql~56q@ acquis~12qM~qo~qn in development ~q&Ward~6q[3~0q@ ~236q: ntity of a research reserve. that - ~6qI-~16qa~4qi~qn~ql~qa~qu~6ql Financial ~qa~qn~4qd ~;32;104qic~qant must submit as ~6qa ~6qP~qG~08qA ~q10~4q4 ~qt~0qh~qe A~qs~qs~2qist~8qw~24qW~qo ~6qP~qr~qO~qV~16qW~q,~q0~32qM~q.~q_ ~0q(3) A ~2qp~qr~qe~0qli~4qmi~qn~4qV~8qY~q'~qdr~qI~2qg~2qi~qn~4q@ ~qr~q*~8qp~qo~qrt application a I ~8qit~qer from the r~6qa~q@~qserv~qe ra~qtiv~qe m ~0q:~08q*~12qn ~0qf~qorm~8qi~qL~0ql ppor~qt of the 1 921~0qJ~4qO App~ql~qic~qa~qt~qi~4qk~qi~qn ~4qV~4qd~2qi~qn~qsl~qI~6qM~4qM f~qor ~qc~qO~qn~qf~qitruct~8qio~qn ~2qP~qr~qo~0qi~qs~qi~qc~0qt~qs' or r~qe~qst~qo anager iru~6ql~4qic ~qs~qu ta~0ql~4q;t~q&t~2qi ~4qM~q' ~q* :*I `~4qf activities involving construction~q-~ ppli~qc~qa~qtion by ~0qt~4qh~qe manag~2qh~40q4 e~6qn~qt~8qlit~12qY ~qO~4qf (a) Only a ~q, M ~2qy ap~qrp y or the reserve. ~2q7~6qbe3e~q'f~0qm~0qd~2qi an provided in Federal financial assistance awards for ~4qA~00qf~00qtw~qa~6qN~qo Coal& addition to ~qa~qn~4qy Other funds available to pre~qacqu~qis~4qiti~qo~qn~q. acquisition and (a) All~qow~qzb~6ql~qv Coital ~6q;~6q@~20qW b~qa ~qa~qnde~qr the Act. Federal d~q4v~qe~4ql~qopm~qli~qE~ql~2qt ~qc~6qP~4qm~6qd~8qm ~qa~qn~8qd ~q" ~qrd~qanc~qe w~8qi~qlh a coastal state ~- management~q. and ~qe~6qd~qt~qi~qc~qa~qt~0ql~0q= and determined ~8qi~qn ~qacc~qO interpretation and educational funds interpretation. Any coastal state or applicable ~24qOM3~2q3 Cl~qr~qc~20qW~qs~qr~qs a~qnd ~8qsuld~qa~qnce must be matched equally by th~qe ~0 Federal Register / Vol. 5- No. 141 / Monday. ~T~~~~ly 23, ~1~9~90 Rules arid Regulations 29~9~59 for Federal financial assistance. the dete~:~7~=i~n~qin~qg ~*~q-~;~,e value ~o~qf ~q&~.e benefits ~10. ~Y~"e~st Fl~a~rda ~q(F~,~- ~qJe~!~!e~:~-~_~on ~to c~e~da~. ~f~r~a~c~ia~ql assistance agreement. these fore~qScre by the state. in the use of the Key). regulations, and other Department of land. as a result of new ~qnst~r~ic~*ion~s th~at L~o~u~tsi~o.~7icn Commerce and N~2qOAA directives. The ~r~r~-~.ay be i~:~n~q;~osed by Reserve des~ignat~q:~on. ~er~~ "costs" applies to both the Federal ~1~1. Panhandle Coast (Cedar Key to ~\~1~o~'~:~)~i~.e ~4qT~qhe ap~*praisal of the be~nerit~s foregone Bay). a~d ~i~,~.~cr~i~-Federal shares: must be made by an independent IZ. M~i~s~3~i~3~s~:ppi ~De~:~*a (~'~%~Ic~bi!e ~2~ay to ~(~b~q) Costs claimed a~s charges to ~t~qhe appraiser ~@~_~- accordance ~w~l~i~t~qh Federal Galvest~on~ql. award ~7~n~ust be reasonable. be~ne~qf~q@cial ap~'pra~qi~sal standards p~u~:su~ant to 1~q3 CFR 13. We~ste~r~r Cull ~q(Galveston ~to ~qme~x:c~a~n and necessary for the proper and part 24 and 15 CF~qR part 1~1. A state may border). e~qf~qf~qlc~'e~nt administration of t.~q!~:e `~na~nc~4a~ql i~ni~tial.ly use as match land valued at assistance award and must ~q@~= ~ncurred greater than t~qhe Fe~qd~cral share of the during t~qhe award penod. acquisition and develop~qmert award. 14. Southern C~a~q!~;~1o~r~r~.~;a (~N~tex~xa~n B~o~qder to (c) Costs must riot be a~qL~locable to or Point Concepcion). included a~s a cost of any other The value ~qin excess of the amount ~1~3. Central Ca~qli~q!~or~qma ~qt~P~oi~n~, Concepcion to required as match for the initial award Cape Mendocino). Federally- financed program in either the may be used to match subsequent IS. San Fr~a~q=~43C~C Ba~V~. current or a prior award period. supplemental acquisition and C~ol~u~z~tbi~c~P (d) Ce~neral guidelines for the non- development awards for the national Federal share are contained ~qLn estuarine research reserve (see also 17. ~N~lid~qdI~e Pacific (Cape ~0qMe~n~qd~oc~;~-~-~io to the Department of Commerce Regulations at ~q1921.20). Costs related to land Columbia R~I~-~ve~r~q). ~~5 C~qFR part 24 and O~qN~8qS Circular A-110~. acquisition, such as appraisals. legal I& Washington Coast (Columbia River t~o Copies of Circular A-110 can be Vancouver Island). fees and surveys, may also be used as ~19. Puget Sound. obtained from the Marine and Estuarine match. Management Division; ~1~q8~qZ~qS Connecticut (3) Operation and Management C~r~e~a~t Lakes Avenue. NW., Suite 714; Washington. ~. Awards. Generally~. cash and in kind 20. Western Lakes (Superior. ~8qMc~qh~i~ga~n. DC 20235. The following may be used in contributions (directly benefiting and Huron). satisfying the matching requirement specifically identifiable to operations ~22. Eastern Lakes (Ontario. Erie). ~(~) Site Selection and Post Site and management), except land. are F~qlo~td Selection Awards. Cash and in-kind allowable. 22~. Southern Alaska (Prince of Wales contributions (value Of goods and (4) Research. Monitoring, Education bland to Cook Inlet). . services directly benefiting and and Interpretive Awards. Cash and in- 23. Aleutian Islands (Cook ~qIn~qit to Bristol specifically identifiable to this part of kind contributions (directly benefiting B~ay~q@ the p~r~o~qj~qict) are allowable. Land may not and specifically identifiable to the scope be used as match. of work). except land~qL are a~ql~qlowable. (2) Acquisition and Development 24. Northern Alaska ~q(Bristol Bay to Awards. Cash and i~n~-ki~nd contributions ~q921~.~q32 A~rr~o~qw~idm~ents to financial Demarcation Point). are allowable. In general~. the fair market ~a~s~o~h~A~a~qm~e award& insular value of land& to be included within the Actions requiring an amendment to 2~q& Hawaiian Islands. research reserve boundaries and ~*~. the financial assistance award. such as ~Z~& Western, P~a~ci.~q5c bland. acquired pursuant to the Act. with other a re~qq~q6e~st for additional Federal funds. 27. Eastern Pacific Island. than Federal funds, may be used as revisions of the approved project budget match. However. the fair market value or original scope of work. or extension Appendix ~0qU to Part 021-Typ~olo~qgy of of real property allowable as match Is of the performance period must be National E~s~qt~i~jar~ql~qm R~e~qwar~c~qh Reserves limited to the fair m~a ket value of ~' -~11 .~.~q4~r~q@a. ~aub~8q&~qitted to NOAA on Standard Form Thi~a~.typ~q@lo~ql~qy sy~s~t~a~'~qM~i~i~-~qm~qll~act~qs ~sl~ip~i~qlf~i~cant property interest equivalent to, 424a d approved in writing. differences ~qi~n estuarine characteristics that required to attain. the level of control ~~ ~.~.~6q5~. ~- am not necessarily related to regional over such l~an~qd(s) identified by t~qh~e state- A~qpp~e~n~i~qf~qix~qi to Part ~9~q=~q-BLo~qg~e~o~qgr~aph~qic ~qI~qmat~io~n. Ilia purpose ~.of ~t~qh~8qw ~t~8qh~q" of and approved by the Federal C~8qU~ss~qif~qic~a~t~qi~o~n ~c~qh~qm~qi~qf~qi~c~a~qtio~n is to maxim, ecosystem Cover~nment as that necessary for t~qh~e variety In the "l~ec~ti~on of national estuarine protection and management of the research ~r~e~s~o~qm~qm Priority will be given to ~- ~1. Northam Cull of Maine (~qEa~s~t~qp~o~r~.t to ~t~qh~e Important ~oc~o~syst~em t~q)p~q" as ~qY~et national estuarine research reserve. ~.~* ~' Sh~o~o~qpsc~o~t River). ~u~nr~e~p~r~os~en~t~ed in the reserve system. It Appraisals Must ~qb~e performed acc~ordi~n ~Z Southern Gulf of Stains (Sh~eepscot River should be noted that any one site may to Federal appraisal standards as ~.. ~~.~._ ~. to Cape Cod). ~qmpr~ow~nt several ~ec~o~qn~st~a~n~t ~6q"3 O~r detailed ~qin_Dep~6q&~4q@t~,~_~o~qt~qjCom~zne~r~c~0 physical characteristics. regulations at ~qI~qSC~qt~qItpa~qr~qt~q24 and the ~p~e~s Uniform Relocati~o~i~q@~6q&~as~qista~n~cs and Real ~q3. Southern Now Wand (Cape Cod to Clan ~q1~-~4q4~c~a~s~y~s~t~e~qm ~qT~) Property Acqu~qist~8qU~2qf~2qf~-~4qW Federal ~j~L~nd Sandy Hook). - ~-~t Group ~qI~q-~qS~qh~o~r~o~qL~qmds Federally A~ssist~s~qd~4ql~q@~2q@ In 1~q5 CFR 4. M~qlddl~o Atlantic (Sandy Hook to Cape A~q.~q,W~a~4qH~t~qi~qm~& ~qy~qo~r~e~q@~t_w~ood~ql~qa~nd This type of Hatteras). part ~4q1~4q1. ~2qT~0qhe fa~0qh ~44qM~52q9~52q6~q-~4qt~32qVa~4qlu~qe~q'~2qif S. Chesapeake Bay. ecosystem ~qc~0qms~0qist~qo of s~0qin~qg~4ql~qo-~qstemm~qed species privately don~6qi~24qw~q- ~6q1~8qj~0qi~56qW~0q1~8qf~0q!~80qh t~2qi~4qm~2qi of that have developed ~qn~qed~qer ~qd~4qh~qo Influence of lands c~qa~qr~12qa~4q(~qA~08qk~qn do~nat~8qio~qtLase~0qit~8qib~0qils~8qh~qe~0qa~6qt~0qi~28qp~q'~q*~q-~q"~q-~qW~q"~q,~0qX~q, salt spray. ~8qU can be f~qo~qu~qz~8qd on coastal u~qp Independent ~qa~2qp~8q@~6qi~8qa~2ql~40q"r~q' ~0qi~0qi~0qd ~48q6~qi~qt~0qi~48qa~qed by a Northern Carolinas (Cape Hatteras to or recent features~q. such a~qs barrier Islands~q-and ~8qb~6q"ch~qi~0qm and ~2qm~qay be divided into the responsible official of the state 7 Santa* R1~qv~qa~44q6 ~q.~q. I ~q. - ~q6~q1~q@ ~q- ~q. ~q7. South Atlantic (Sant** River to St. John's following b~0ql~qe~qa~qm~6qm~q- (pursuant to 1~2q5 CFR part ~08qU). may also R~qiv~q*~16q4 ~q1. North@= C~qa~qn~0qi~6qf~qe~2qm~qu~qs ~4qFo~8qm~qs~qt ~4qSio~6qm~qe: This be used as match. LAnd. including & East Florida ~8q('5L John's River to Cape is an area of predominantly ~q@~qV~q4~qr~04qF~qe~q*~qns such submerged lands already in the state's ~4qC grand fir (Abie~qs). ~q.a~6qm~qy~qo~qr~qe~4qI~36qV .~q. 03 ~qt~8qh~qe ~qlitk~q& spruce ~4q(~4qP~qI~qC~q8~20q4 ~qt~0qh poor possession. may be-used as match to ~08q" white ~qc~qod~qar ~4qr~8qr~qau~8ql~qa~4q@ w~qi establish a national estuarine research ~0q1~6q"~qs~qt Indian development of the shrub ~0qi~qL~qad herb lay ~qem reserve. ~0qT~0qhe value of match for these ~q9. C~qAr~qibb~qea~qn (Cape Canaveral to Ft~q. but high annual productivity a~qnd pronounced state lands will be calcul~qs~q-ted by Jefferson and ~qs~qau~qt~4qh). **&sand periodicity. ~0 ~2~9~q9~6~4- Federal Register / Val. 5~3. No. 141 Monday, July, 23, ~1~9~~0 Rules and Regu~la~d~~= ~~. ~-~~~~i~~ Temperate ~tM~~~~~'~~e~qm~o~~) ~qhe~a~d~l~i. shrubs. grasses, sedges. rushes. and ~F~_ ~I~n~t~e~.~-~N~d~a~ql~qM~ud ~cr~id Sand F!~c~t~s: These ~qC~j~r:~~@~-~r~ou~s Forest ~C:~o~qme: Foun~q4 along ~th~e h~er~t~aceo~us and dwarf woody pl~a~r~qm areas ~a~re Corr-Posed of~u~n~c~o~nso~l~i~da~ted. h~i~;h West c~ca~st ~o~qf~.~Nor~t~h America ~f~r~c~'~n C~a~qU~q!~or~r~j~a C~a~r~"~.~mcn species ~@~nc~l~u~d~e a~r~c~i~i~c~.~'~a~l~;~:~n~e plants organic content s~e~-~di~me~n~t~s that function as a to A~l~z~;ka. this area is dominated by cor~i~i~fers. such ~a~s E~m~p~a~t~r~u~n~% ~n~!~q=~qm ~a~n~qJ ~l~3~c~n.!~a ~m~a~n~-~2~. short-term storage area ~f~qw n~u~t~-~r~ie~n~ts and ..as ~s~'~r~e~!a~u~v~i~e~ly small ~se~:~t~3~on~al range. ~qh~j~g,~q@ the li~c~q@e~qm Ce~trar~ia and C~.~ado~n~;a. and organic ca~r~t~-~o~ns. ~qMac~rophy~tes are nearly h~L~;rr:~.~;~c:~.~;~,y w~i~m ~a~@~n~f~a~i~ql ~r~an~g~i~r~i~qg from 30 to ~5~0 herbaceous p~i~az~i~ts such as Po~(cnti~li~a absent in ~L~'US ~eC~O~3Y3t~e~UL although it a~ia~@ be ~~,~-~.~c~'~-e~s. and a w~e~ll-~d~e~v~e~:~op~ed ~mr~ici~er~s~t~o~r~i of t~n~d~e~r~i~t~a~ta a-~i~d ~R~u~b~@~s c~!~i~amae~c~i~aru~s~. ~qC~oaun~o~n heavily ~C~O~:~C~n~L~zed by b~e~n~t~qh~I~c ~qd~ia~t~a~rn~s~, w~i~-~,~@ an ~a~@~,~.~L~n~_~J~anc~e of ~m~o~g~3e~-s arid ~s~r~-eC.E~S 0~.~1 the ~:~Oa~S~t~a~; ~qbe~i~tc~qh ridges of ~U~q@e ~qd~n~c~qra~ge~i~l~l~'ate~s, ~5~"amen~t~ous blue-green a~:~i~qd c~'~.~.-.e~r ~"~noi~s~t~@~.~ir~i~.~-~to~ie--~n~t ~pia~qw~s. ~qh~- h ~a.~-c-~:= ~@e~s.~.~t ~L~ic~q!~-~.~J~e ~D~r~i~a~s ~i~ver~:~r~:~q!~,~;,~':3 ~3 ~- green ~4~!~gae. and ~q&~.e~qm~o~s~y~n~t~heuc purple ~Oe ~c~. s ~F~@~,-~r~e~s I ~q8~!~'o~!~r ~0q7~--3 ~a~r~ld Sa~x~L~l~ra~g~e ~opp~o~3~a~i~qtz~i~a~. ~4qn~t~is area can h~e 3~Ui~qh~-~- ~qbac~-~ze~n~a. This system may support a ~b~i~:~@~r~ne :~3 ~c~@~i~rac~-e~nz~c~~o ~1~v e~v~e~:~-~-~I~y div~!~qde~qd ~L~n~to two mai~:~- ~s~u~qb'~v-~.~s~ions: considerable population of ~ga~s~uopo~qd~i. ~d~@~s~u~,~.~qbu~*~.ed rainfall. ~m~c~qd~e~a~te ~ter~n~pe~r~:~i~r~qzes 1. Low ~7~*~j~r~qd~r~a.~- ~charac~t~z~'~r~i~'~ze~d by a thick. b~iv~a~q:ve~s, a~nd ~p~oiyc~haet~a~s. and ~r~ray serve as which ~e~xh~i~q@~:~t a distinct ~sea~s~a~n~a! pa~t~te~-~n~.~, spongy mat of living and un~qd~ec~ayed a e~e~qding area for a variety of ~qf~ql~;h Lid we~~ql-~@~z~@~,~.~-e~;~o~ped soil ~qb~iota and ~@erb and ~-~-hrub v~qe~-~,~e~!a~@~:~on. ~o~ne~n ~w~r~i~,~,~qh water arid dc~t~t~ed with wading birds. In sand. 'he ~qd~o~o~:~0qxa~n: fauna ~a~ye~i~r~s. and numerous plan's which ~p~r~cc~qluc~e Ponds when ~n~ot ~qff~Q~Z2~r~L and include the wedge &hell ~qDonax~. the scallop ~~u~: ~p~y ~qL~n~u~' ~t~3 and A distant ~su~qb~q@~i~-~,~-i~s~i~cn of 2.~1~1.~q4~h ~T~u~:~%~q@~r~a: a b~i~z~i~te area except for a ~Pec~ten. ~t~eilin ~sheils Tel~.~'~I~na. ~the ~qhe~a~n urchin ~is ~-~'~.~z pine ~e~dap~qh~ic forest af t~qhe n~:y ~qg~ow~-~z~r~i of lichens and grasses. w~i~!h Ec~qh~i~n~ocar~"~am. the lug worm Ar~e~n~icola~. sand s~ra c~o~ts~til in which only a u~r~i~q@~ar~q!~y~qmg ice wedges ~qf~o~r~r~a~In~g raised ~e~a~l~qlar ~qDendra~st~er. and the sea pansy R~er~ul~l~'a. ~:~.~-~ra~@~: ~por~:~i~@ 7~t ~-~.~qf ~q_~@e a:e~a is ~c~c~c~-~_~,~;~,~.~ed by ~lygon~a~ql areas. ~qL~n m PC, ud~. faunal dominants adapted to low ~~q!~.~.~ra~~x it ~qb~a~-3 large areas E~. C~o~ast~a~q! This e~c~o~s~*-~a~tec~a is an cxy~ga~n levels include the tere~be~ll~id c~cv~c~red by e~j~a~p~h~ic c~l~Lma~x pines. important ~n~2st~i~r~g site for many sea and shore A.~;np~hitn~t~s. t~qhe boring c~qL~q= Pl~ay~do~n. the 4. ~8~r~c-~. d-~qle~aved E~-~,~e~r~g~r~re~i? Subt~r~o~p~.~'c~al birds. It consists of communities of deep sea scallop ~qPl~ac~op~ec~t~e~n. the quah~o~; Forest ~qS~i~u~m~e~i: The main characteristic of this h~arbac~ea~o~us. ~gram~ino~i~qd. or low woody plants ~qMer~een~aria. the ~schiur~id worm Ur~ec~qhi~s~. the ~b~l~OMe ~i~s ~qh:~,~R~qh ~mo~i3~t~L~L~:e with less pronounced ~q(sh~n~i~qb~s, heath. etc.) on 'he top or along rocky mud snail Na~ssar~ius, and the sea cucumber d~:~;~ferenc~es between winter and summer. faces exposed to salt spray. There is a T~qh~y~on~e. Examples are the hammocks of Florida and diversity of plant species ~i~a~c~q!udin~qg mosses, F. ~qI~n~t~er~qUd~a~ql Algal B~e~qd~r. These am hard the live oak forests of 2~q@~e Gulf and South ~qli~c~ql~c~r~q;~. live~r~-w~orts. ~a~nd ~"~h~0q4~qhe~r" ~PL~.3~nt s~L~L~qh~strat~es along the marine edge ~qd~qM are Atlantic coa~st~3. Floral d~cm~in~an~ts include representatives. dominated by ma~cr~o-c~o* algae. usually pines. m~a~g~r~o~q!~:a~s~. bays. ~qhollie~s. ~v~6~rild Group ~qE~ql~q-Taa~s~ir~t~i~o~n Areas ~Lhalloid. but also f~l~im~a~n~e~o~h~qms ~or~i~a~qdc~a~l~lu~ql~az in tamarind. str~an~qg~q!er fig. gu~i~r~ib~e limbo. and growth form. This also in~iclad~e~s the rocky palms. A. Co~ast~a~ql~k~q1~qo~r~s~qh~e~s: Thc3~e are wetla~nd coast ~qUd~ep~oo~ql~e that fall within t~qh~e i~n~t~er~qU~8q4~q1 B~. Coast ~qS~qh~!~-~L~qb~ql~and~j: This is a tra~ns~i ~tio~nal areas dominated by grasses Po~acea). sedges zone. D~omi~n~a~qw ~ql~qau~n~s of theme are" am ~- area between the Coastal grasslands and (Cyp~er~ac~e~se), rushes ~q(~qju~t~q=~c~a~ae~q@ cattails barnacles~. mussels. periwinkles~ ~a~m~e~m~o~qus~, woodlands arid 's ~ch~i~rac~t~e~ez~pd by woody ~q(Typha~c~e~ae~qL and other ~qg~ra~qminoid species and chitons. Three regions am apparent: ~- ~' species ~%~%~It~qh m~ul~t~ip~ie stems a few centimeters and is subject to periodic ~qf~qlo~od~q1~a~q; by either ~1. Nor~t~:~qh~e~rn latitude ~qR~A~x~-~qky Shares: It ~qis it~. to several meters above the ground salt ~or ~qh~e~y~qhw~a~t~ar. This ecosystem may be this region that the community st~qmctur~s is developing =der t~qh~e influence of salt spray subdivided in~t~*~- (a) Tidal. which ~qis best developed. The dominant &*I species and occasional sand burial~. This includes periodically flooded by ~ei~4q&er ~s~all or brackish include C~qhondru~s at the low tide ~qK-~v~e~ql, ~qF~u~c~c~i~s t~h.~:c~qkets. ~3~q=b~. scrub ~sa~v~a~n~ra. heathlan~qds. wa~le~r (b) non-~t~idal (freshwater); or ~q(c) tidal and ~0qA~sc~o~qphy~qU~qm at the ~c~s~qk~q@~-~dd~al ~qk~m~qml. and arid coastal chaparral~. There is a great freshwater. These are ~e~s~se~n~'~.~'~a~ql habitats for Lam~qi~n~ar~l~a and other ~qk~al~qp~8qU~s aims J~a~i~s~t variety of ~sh~rubland vegetation exhibiting many Important ~a~st~ua~r~;~a~e species of fish and beyond ~t~qh~e ~i~n~t~a~r~t~id~-~1 although they can be regional specificity. invertebrates u wall as shorebirds and and at ~ex~L~r~e~qm~a~qly k~qm tides at found ~qIn 1. ~4qNo~r~r~qb~er~n Areas: C~qh~er~act~ar~qiz~i~ed ~qbry waterfowl and serves imp~o~n~a~m~e miss In ~I~qF~4qV ~v~or~qy deep t~qidep~o~a~ql~& H~ud~s~on~la. various e~e~i~n~ace~c~u~s ~spec~qig~s, ~qw~id sham ~stab~qiliz~a~qd~a~qm flood ~c~oatr~a~qL water 2~. S~o~u~th~e~qm ~qL~a~qW~ud~q6~v Ila ~r~g~@~"~r~f~t~n~n~i~f~i~e~s in thickets of My~rica. ~qPr~u~n~u~s~. ~qw~qd Rom pun ~qA~f~t~a~n.~.~a~n~qd~-~qputr~i~e~nt transport ~a~i~nd this r~e~qg~:~qL~q= am r~edu~c~a~qd ~q1~8q4~0~Q~qM~q@~4q@ In_-, ~. Southeast A~i~v~as~: Floral d~o~qmi~. ~a~ni~s include ~stor~e~4qp. ~- ~' .~.. ~. ~. ~. ~. I ~t those of. the northern latitudes and ~p~o~s~s~i~s~s~q"~s ~qX~lyr~ic~a. ~qEacc~qhari~s. and ~qR~a~i~t. ~8q& Coastal Swamps; ~q1~q1-~-~s~i~s are wait lowland alp@ ~c~o~n~f~qUt~qi~r~i~qg ~qm~ti~s~4q*~"~0qg ~s~qf~qt~i~qg~ql~e-~q@~e~qlled of ~*~' ~* 3~ Wes~t~a~i~m Areas. A~d~e~n-~o~r~n~, areas that support mosses~ and shrubs ~qf~qi~ql~l~i~z~i~g~nt~o~qw Iraq% ~qb~qh~qm~8qi~r~e~a~n~. ~a~r.~q1 ~r~e~qd algae. A~rcoty~qph~yl~o~a~. and Eucalyptus are together with ~q)~a~r~0qp trees such ~a~qi ~c~*y~qpr~e~ss or and ~qw~a~s~ill thal~ql~o~id b~r~qi ~qO~i~s ~q4~2q*~e~. dom~i~n~a~.~:~9~q1~q1~cra~ql~s~qp~e~c~q;~e~& SUM ~q@~V~qj of; ~qr~qm~8q*~0~2~q1 ~qW~qd ~2q$~A~qh~0qf~0qt~8qV~4q*~0~ql L~qF~0qW~Ud~qed~i~' ~8qM~W ~4qQ Coastal ~qAJ`~qa~n~qj~q=~v~v~& This ~*~o~qwy~w~qwm int~ertici~al in this r~e~qgia~n ~i~L~v~a~s~q7~r~a~c~qh~s~c~ad ~a~nd C. Coastal ~0qC~k~a~&L~qk~z~t~4qA~- T~8q" ~s~ir~i~e~s~t. which experiences regular flooding an either a daily. c~on~qw~a~s numerous ~c~a~qk~ar~e~a~us ~s~qh~p~qw ~S~qu~6qA p~s~a~ss~a,e~s ~s~a~i~n~c~ql dunes and coastal ~qJla~%L I~t~s~e monthly, or seasonal basis, has low wave ~qP~or~ol~qith~a~n and ~8qU~t~qh~e~it~qh~qu~qmi~c~e, as well as low ra in ~qf~a 11 ~q(1~0 to ~3~0 ~i~a~c~qbA~d per year) a~nd action. ~qm~8qW is dominated by a v~ar~i~ort~qy a( ~v~a~ql~t~- green alp& with ~c~a~ql~c~ar~e~qw~s ~qP~a~r~t~k~qi~es such a large amounts ~of humus in t~qh~e soil, ~E~c~o~ql~o~qS~i~c~a~l tolerant tress. such as the red ~num~0qp~a~v~e H~&~qIiM~*~qdL and ~num~arc~qu~is ~qB~2q&~qw peas. red. succession is slow. ~re~d~L~qd~V~a~qV in t~qh~e p~r~e~s~i~a~n~c~e (~qIth~qi~qmp~qbo~r~s ~qZ~&~6q4~0~q@ black mangrove and brown ~al~4qp~i~t. of a number of ~i~s~ar~4qW stages a( community (A~vic~an~nia ~t~Utida). ~g~ir~id the white ~m~q-~4qW~av development. Dominant ~v~a~2qW~a~i~d~a~qil~i~s~c~qhx~2q6~a ~qcr~o~up~ql~2qn~_~_~q@~2qd~i~qm~q;~q@~qj~2q4B~ot~lt~q;~,~q;~q@ ~"~"~" ~-- (~0qU~qg~u~nc~ul~ar~L~a r~e~c~omo~s~s). It is also an m~~qd-gra~s~se~l (2 to 4 feet ~t~a.~qH~qL ~S~o~c~qh ~s~o tmp~ort~a~nt habitat for large p~o~o~qJat~qions of A. Su~qb~qd~d~6qW ~2qHard~qb~a~f~t~n~e~qm~- This ~2~q7~1t~q= is A-~m~qmop~h~i~l~la~, A~g~r~opyr~on~. and C~al~e~qma~v~l~q1f~qe~. t~&~qU fish. Invertebrates. and birds. This type of ~c~qh~ax~act~ar~iz~ed by a ~c~o~n~s~o~ql~k~ql~a~t~ed ~qI~&Y~e~r Of SOW grasses ~q(~5 to a feet tall). such ~a~n ~qS~qp~er~qd~n~a. and ecosystem can be found from ~c~r~i~t~i~t~u~a~ql ~qF~ql~o~ri~sla rock or large p~l~e~c~a~s of rock (~u~n~it~qh~qm of ~qb~i~o~t~0qk trees such a~s the willow ~q(S~a~qUx ~sp~.~q@ Chewy to ~ex~tr~a~qw south Texas to the Wands of the ~cr~qi~qg~qin) and is found In association with ~*~' I Pru~nU3 ~sp~.~q@ and cottonwood ~qO~'~l~o~qp~l~ul~A~s Western Pacific. ~4qp~o~n~t~orpho~qlo~8qAc~a~qd fi~e~s~t~u~r~i~v~qis suck as submarine ~de~qlt~qo~qides~2q@ T~qb~q@~qs ~qa~2qna Is d~q3v~qid~qed Into ~q1~q6~6qW D. I~qn~qt~qar~qvdal Beaches. This ~qt~qc~qa~qs~qy~qvt~6q= has canyons and ~8q4o~qrds and Is usually covered ~qm~gi~qa~qns with the following ~qt~4qy~0qp~0qi~qc~12qA str~08q@ a distinct bi~qot~qs of microscopic a~qRi~6qMalL with as~6qmu~qtbl~qe~4qg~qe~qs ~4qq~2q( ~0qsp~qa~qn~00qp~q&~q'1~q1~q4~q4 ~8qf~6qW~qL ve~qget~qa~qt~qio~qa~q: ~2qb~q4~2qd~qer~qia~q. and un~qi~qc~qallul~qa~qz algae along with bivalves. hard coral& I t~0qm and ~qo~12q&~2qw I. A~qr~qc~qd~qc~8q@B~qo~qr~qsal: Ely~2q=u~qs; ~0qm~qicr~qo~qvic~qap~0qic crustaceans~q. m~qo~4ql~4ql~qu~qaks~q. ~6qw~qul a~qf~qt~qn~08qa~12qW or~0qg~qa~qni~qs~qt~qa~qns. A ~qs~8qh~qp~04qf~04qf~04qi~qc~qu~qr~qt f~qe~qet~qu~6qm Of 2~. No~qr~qt~4qh~qe~qa~qs~qt/~6qW~qe~qot~q: A~2qmm~qic~qip~8qh~0qi~8ql~qa~q. worms with a d~qetr~qitu~qs-~8qb~qe~qs~qed a~qu~qtr~qi~2qm~qi ~qcY~04qd~q& ~qes~qb~qu~qir~0qi~qe~qs~0qin~8qa~2qm~qi p~6qw~2qf~2qt~qo~2qt~08q&~qo ~q-~q1~q1~q4~0q1~q8~q%~08qW 3. Southeast /Gulf: U~qniola~q; and ~12qr~00qd~qs area ~qal~qs~qi~qc ~4qb~qu~qc~8ql~qud~qa~qs the drift~8ql~4qin~qe oyster met a type of 4. ~0qN~qUd~q-A~qA~8ql~qanti~qc/C~qu~8ql~8qA~q. Spa~qr~0qd~6qw paten& communities found at high tide levels on the composed of ~qa~qs~qs~qa~6qmb of ~0qW~0q9~q0~q21~q2~q1~q0~q1.~q1i D. C~qo~qa~4qW~qa~8ql ~4qTa~qn~4qdr~qa~qr This ~6q=o~qf~qy I which beach. T~2qh~qe ~2q&~q3~0qm~4qi~6qw~qnt ~qc~qr~00qP~qf~qt~0qk~qx~6q= b~qm this (usually b~0qlv~qal~qv~qe~qs~8q@ ~0qH ~0qj~qe~q.~qa~qs~qs~q&~36q4 ~8qJ~2q@~8qd ~qn~qe~qer an Is ~8qf~qa~qcu~qad along the Arctic and ~4qD~qo~qr~qe~qal ~q0~q041~q4t~qs of ecosystem include crustaceans such as the ~q- ~qes~qtw~28qW~qs ~qi~qn~qou~qt~8qh in ~qas~qo~qn~q* of ~qs~qaad~qer~qst~qs wave Nurth America. is ch~qa~qr~qa~qc~qt~8q-~qf~q2~qe~8qd ~8qb~0qy low mole crab (Em~qerit~24q4 ~qa~6qmPhi~0qP~qods. action~q. ~qs~16qa content~q. ~t~omp~qe~qr~qat~qu~2qm~qi~qL~qe~qa~8qh~qz~qir~qt~2qw~qo~q-~qt~qi s~qa~qA~qa~qon,~0q=d ~4q(C~qa~6qmma~qr~0qid~qs~qo~4qL ~4qSh~qa~qs~qt crab* ~4q(Oc~0qy~4qpod~qe~8q@ and souse p~qe~qr~2qm~qs~qif~qir~qo~8q" producing a low. tr~qe~qal~qs~6q" bivalve molluscs such as the co~qqu~0qi~6qm (D~qa~qf~qta~qx~4q) ~6qm~0qi~qc~qr~qO~qSC~qO~0qP~4qi~qc ~0qU~2qd ~qGt~qU~qM~20qW ~0qm~qa~qi~qc~qr~qo~qs~qc~qc~4qy~4ql~qc ~4qA~2qI~4qS~q%~q*~q' mat community made up of ~0qr~0qA~0q"~qO~qL ~2ql~4qi~qc~2qi~ql~qd~4q" and ~qourf claw (Spisul~qs ~0qv~08qA ~04qW~qc~qt~6qm~8q@ such " kelp. my ~qal~qa~qa be found. ~0 Federal Register / Vol. ~!~3~ No. 141 / Monday, ~1~~~~!~ ~~3~ 1~9~90 Rules and Regu~la~t~ic~~s 29961 B. su~qbt~i~d~a~i Ma~qi~o~r sea and without significant f-~e~shwater barrier islands. broken at intervals by ~1p~p~1p~p~ c~arac~tens~t~ic~s of ~L~@~'~s ecosystem a~re an ~i~r~@~-~I~l~cw. Water c~i~q=~l~at~i~on i~s ~l~i~q=~--ed. re~su~ql~t~qm~a These bars mav be e~qw~ter deposited cf~f~s~no~r~e unconsolidated layer of fine pa~:-~.c.~es of silt. ~L~n a poorly rushed. relatively stagnant body or may be c~oas~'ta~ql dunes that have become sand. clay, and gravel. high `~- ~q-~'~-~c~g~.e~n sulfide ~of -A a~ie~r~. Sedimentation is rapid with a great isolated by recent sea level ~n3e~s. levels. and a~naer~c~qbic c~o~r~:~d~@~i~@~o~n~s ~c~t~e~n potential for basin shoaling. ~qS`-c~cs a.~-e ~of~.~er. 4. 7~ec.~,~o~r~ic Estuary~: These are coastal e~~~~%~r~i~g below ~Lh~e s~L~x~qfac~e. ~?~,~fa~c~7~::~;p~hy~-~,es a:e ge~n-~l~y s~:~o~p~t~:~-~,g and ma~n~h~y, ~'~r~ic~i~e~rt~ure~s that have f~r~r~r~ed ~-~.e~c~-~c~n~:~c ~~ ~2~r ~s~c~a7~se or absent. a~l~t~qhc~-~-~g~qh a la~y~e~! ~Cf 7. ~P~e~r~c.~-~ed C~oc~:~.~-~4qJ~- W~e~L`~c~.7~q2~;: ~U~:-~.~:~q~-~.~;e to ;-~ccesse~s such as sl~:p~pa~3e along a line ~ ~c ~.~7~.~c~oa~@~-~Tae may be pre ~-sent ~-~q1 ~7~;~2~?~i~t ~P~ac~,~.~E~.~: ~is~i~qands. this w~,~?:~qi~a~n~qd -~,pe. found (San Francisco Say), ~c: ~C~r ~a7~@ -~,-~.e fa~-~-~i~n~a~ql ~:~s a~'~-~-~c~,~;~e sea level in ~v~oi~c~a~.~-~.~-~,c ~c-~.~3~ter ~:e~r~q=~a~-~.~-~.3~. `-e ear' ~qh~'~3 be~0q&oc~k. often ~-~.~%~r~t~qh a ~l~a~r~;e ~_~n:~:o- ~z~y a ~c~;~,~.~ers~e population of ~c~e~p~c~s~;~t ~qf~O~q=3 as a result of pcc~- ~qe~--a~i~n~a~ge ~o~qf ~:eshwa~ter. p~c~'~,~@~c~q@~ae~t~es~. ~qb~@va~@~ves. a~n~qd c`~arac~te~r~ist~.cs of the c:a~-~.~er rather t~ra~n ~@-~I~o~m 5. ~V~o~qi~c~a~ric ~qE~s:~4c~,~-y~.~- -~qI~ql~ie~s~e coastal ~q@cd:~e~s -~,~7~%~s~:~z~:~ea~n~s~. s~e~c~-~i~qmentat~ion~. Floral assemblages e~x~h~i~c~n~i~t of open water. a result of vo~l~aa~n~!c processes, C. T'~s system ~s ~qF~:~;~L~.~:~-~.d ~i~;~-~, ~qd~i~s~-~,~:~nct zc~na~t~@~o~n w~i~n~i~le t~ne fa~i~;~:-.a~ql ~~~~~::~,~.~-e~ly s~h~a~"~l~ow water (~I~e~s~5 than ~8 ~to 1~0 c~c~n~s~t~"~uer~i~ts may ~L~-~ic~'-de ~qf~r~9s~q1~n~v~a:~e~:~. a:e depre~s ~s~i~ons or craters that ~@ a-. 2 ~A~-~i~r~ec~- and/or subsurface cor~t~necticr~i~s w~;~-- ~-~.~@e ~~~~e~r~s) below mean low t~4de. It is an area of brackish. an~qd~q!or ~r~ra~l~L~ne species. Example: ocean and may or may not have ~s~l~.~q@~q@a~ce e~p~~~~1p~p~igh ~pr~-~.~,-.~2~ry p~rod~uc~t~on ~t~l~:~i~at A~L~@~r~iu~*u I~slard, A~ne~r~i~ca~a Samoa. cc~n~t~i~r~iu~ity with streams. These f~or~m~a~-~,~t~o~r~s ~~~~~i~de~s I ~o~qf cod a~nd ~r~e~qf~t~i~2e for a d~iv.~r~s~i~ry 8. A~.~,~:c~qh~a~qh~n~e ~qS~y~s~t~e~:~-~:~7~s: These small c~oas~-~al are L~q=ique to island areas of volcanic o~n~g~;n. ~@~~~~a~ql ~q;~,~-~o~ups. especially ju~v~e~ru~l~l~e and adult e~@~@~p~osu~r~es of brackish water form in lava C. Inlet ~q7~)~-~p`~qe: ~I~r~qle~!~s in Va~ri~OL~S ~q!~o~r~T~s are' a~a ~F~~s~h~. a~i~,~.d in some regions, manatees arid sea depressions or elevated fossil reefs. have i~n~te~;r~al part of ~the est~quar~t~ne en~v~i~:c~n~me~nt. as t~~~~~~!es. Along the North Atlantic and Pacific only a subsurface cor~tnect~i~on to ~L~q@e ocean. t~l~-~ley regulate. to a certain extent. the velocity coasts. the sea~grass Zostera marina b~ut show tidal fluctuations. ~qDiff~er~i~.-~I~g from. and magnitude o~qf tidal exchange. the degree' ~~edo~ninate~s. In the South Atlantic and ~qGu~qLf ~L-~~;e estuaries in having no surface continuity of ~=~L~-in~qg~. a~nd volume of discharge to t~h~-e sea. coast areas. Thalassia and Dipla~nthera v~.-~qh Weems or ocean. th~@~il System i~s ~qT~qh~, ere are four major types of inlets: : predominate. The grasses in both areas characterized by a distinct biotic c~o~r~ru~nu~ruty i. Unrestricted An estuary with a wide support a number of epiphytic organisms. dominated by benth~qic algae such a~s unrestricted inlet typically has slow currents. Rhi~z~o~r-~qlo~nium. t~qh~e mineral en~c~qm3tin~qg . ad receive the full Class ~q1~q1-P~qhysical Characteristics S~c~qh~qiz~o~thrix. and the vascular plant Rup~qp~i~a no significant turbulence, ~& Group ~q1~-~-~0qGeo~qlog~ic mariti~qma. Characteristic fauna. which exhibit effect of ocean waves and local disturbances A. Basin T~q@y~pe: Coastal water basins occur a high degree of endemicity. include the which serve to modify the shoreline. These in a variety of shapes. sizes. depths. and mollusks The~odo~xus ~ne~q5~qle~ctu~s and T~. estuaries are partially mixed. as the open appearances. The eight basic types discussed Ca~r~i~O~i~IU~S, the small red shrimp Metab~etaeu~3 mouth permits the incursion of marine waters below will cover most of the ~ca~Se3. ~ql~o~qhe~n~a and H~alocar~idi~na rubr~a. and the fish to ~c~o~u~f~f~iderabl~e &stances upstream. ~. Exposed Coast~: Solid rock forma t~ioa~s or Eleo~tr~is s~andw~ice~n~sis and Kuhil~a depending on the tidal amplitud~qi~an~qd stream heavy sand deposits characterize exposed ~sandv~icen~sus. Although found throughout th~e ~qgradi~e~nL ocean shore fronts. which are subject to the world. the hl~q3h islands of the Pacific am th~e ~7- ~qA~e~s~tr~qi~c~t~e& Restrictions of ~e~ft~na~rie~s can full force Of Ocean storms. Ile sand beaches only areas within the U.S. where this system exist in many forms: here. barrier islands~. are very resilient~. although the d~q=es lying spits. sills, and more. R~es~ui~ct~ed inlets r~e~ir~t~il~t c~a~n be found. in decreased circulation~. more pronounced just behind the beaches am ~qfr~e~6qVe and easily B. Basin Structure~: Estuary Basins ~qm~ay longitudinal and vertical salinity gradients. damaged. The dunes serve as a sand storage result from the drowning of a river valley a~e~n. making them chief stabilizers of the (coastal plains ~es~tua~qq~q@ The drowning of a and more rapid sedimentation. However. if ocean ~sh~orefro~nt~. ~qg~ia~cial valley (~qn~ord~ql the occurrence of an the estuary mouth is restricted by 7- Sheltered Coast- Send or coral barr~qie~qn, offshore b~arr~ia~r~-~qC~qw-b~ounded estuary~q)~. Some depositional features or land closures, the built up by natural forces. provide sheltered ~. tectonic process, (tectonic ~e~stuar~qy~q@ at incoming tide may be hold back until it areas inside a bar or reel whom the volcanic activity (volcanic ~as~tuary~q@ suddenly break* forth into the basin as a ecosystem takes on many ~ch~ara~cterist~qi~qm of tidal ways. or bore. Such currents exert ~-1. Coastal p~ql~a~qb~i~a ~e~s~tu~ar~ql~. Where a -a of the c~n.f~qined water~s--~abu~ndan~t -~a~r~k~n~e grasses. drowned valley consists mainly 'of a ~s~qi~n~qg~ql~@ Profound effects an the n~atu~r shellfish. and juvenile fish. W~at~qi~m movement substrate~. turbidity, and b~io~t~s of t~qh~e~*~es~h~u~k~qi~T~. ~c~h~-nn~e~qL the form of the basin Is fairly t Wets ar~e usually ~s reduced. with the ~qto~n~s~eq~uent effects of ~0qn~2qw~a~r. forming ~qi simple ~C~q@~qist~a~ql plains ~4qN~r~n~r~o~r~r~e~n~t; p~qa~r~r~ianen pollution being m~q6~r~e~~s~e~ver~e In this area than ~r~l ~qm~qd~qi~x~8q@ ~' of major riven a~nd ~.~t~q-~- ~est~a~x~q9~r~. ~4q%~8qU~n a c~qha~ti~nsl Is flooded with ~OPP~(~*t~@ t~qh~e in exposed coastal areas. -~ ~- ~-~-~- ~@~'- ~:~,-- I ~. ~qP~O~2qR ~t rive~q; ~v~q;a~tu to flow into these&' numerous t~ributa~r~qi~s~% an ~Irr~e~qvul~ar estuary 3~.~,~qR~o~y~. Bays a~r~e ~2qW~8qW ~qW~M~2qf~2qi~n~s~qd ~qb~o~qd~l_ of ~, ~"~Mult~s~. Mary ~ ~e~st~u~ari ~.as of the ~east~e~qm -United ~qb~e~qd~ql~qi~2qA~qf~at~qi~q6~qi and deposition ar~qq ~m~i~a~l al. water that am open to the "a a~n~qd ~r~e~c~a~ql~v~e States am of this type. ~qy~qemp~o~r~a~r~qi~q(~0qn~i~t~a~rin~qit~t~qin~t)~. Temporary strong tidal flow. When stratification is ~@~qU ~qa~r~g formed by storms a~nd ~qf~qi~vqu~ently t f~qbr~q;~q@~m~-~qln ~e~qlo~n~qsa~t~*~8q4 ~qt~4qd - ~qd~a~qp~e~a~4q&~6q4 tidal flow. the pronounced, the flushing ac~qt~o~n Is ~G~'~N~qg~zn~en~t~q@~qd z. Fjord~- Estuaries th~e shift position. an by river discharge. Bays vary in ~4qd~qu ~a~nd ~qi~n steep headlands that alternate with deep U- depth of the s~e~e and sound waters. the type of shore~qfro~nt. shaped ~va~qll~r~4qo resulting ~qfro~u~l glacial scouring fr~eq~n~s~t~r~ic~y of storms, and t~qh~e amount Of 4. E~rbayme~n~t~: A confined coastal water are called ~qnord~s. They ~qS~e~n~er~s~q2y possess body with narrow, ~r~qf~stri~c~t~0~qd Wets a~nd with rocky fl~o~a~r~e or very thin ~v~a~n~e~ar~s ~of sediment. ~ql~i~t~t~or~a~ql transport~. with deposition generally being restricted to D. Bottom C~o~a~r~l~0qW~i~qf~qti~o~l~u~'Th~e bottom a~~i~g-~u~qr~ica~nt~qEr~e~s~qhw~at~e~-~Lc~i~qfl~ow~c~a~nb~e the head where the main river enters. Composition Of estuaries ~&t~t~e~gt3 ~t~o ~t~qh~e classified as an ~emb~aym~e~n~t. ~q7~qbe~s~e areas Compared to total fiord volume. river vigorous. rapid. and complex ~s~odim~ent~at~io~n have more restricted Inlets than ~qb~ay~& an discharge is sma~ql~qL But many fjords have processes characteristic of Most ~C~-0~4~3~4qW Usually smaller and ~s~6qW~o~v~e~s~s have low tidal I regions with low relief. Sediments -~0 action. and are subject ~t~0~*~6~9~qd~qi~qm~il~l~ut~ati~O~lL restricted tidal ran~se~s at their mouths. due to ~.~q1 or upr~e~achins sections of the bottom derived through the hydrologic Processes Of 5~q. ~7~i~qd~qa~qlRiv~qe~r no lower reach Of ~4 coastal ~8; ~qI~s~- ~qn. transport and deposition Carried On river is referred to as a tidal river. ~0qT~8qh~qe which limit fret movement of water, oft** ~qd~qr~qo~qs~l~qo coastal water segment extends from the "a making river flow large with respect to the by the sea and the ~qs~qt~qma~qE~qL arm to tidal pr~qis~qn~qL The deepest Portions aft in the ~qL Sand- Now estuary mouths. where the or estuary into which the river d~0qi~q3~qc~4qh~. ~qpstr~qe~qam, r~qea~04q&~2qM where maximum depths ~qi~qn~q,~00qf~00qt~4qS forces of the sea build spits ~qO~4qi a point an far up~qs~qtrear~qn as there is significant ~qU~ql ~q0 of depositional ~2qf~qg~qsh~2qm~6qm the shot" and salt content in the water. forming a salt fr~q*nL ~0q= range from S~6qW ~qm to 12~6qW m. while sill ~qt~qe~qs of the ~qas~qtu~qa~qr~qy an sandy~q- T~0qh~qO depths usually range from 40 ~2qM to ~q2~q5~q0 ~qM~q. ~qsub~qstr~qa, A combination of tidal action and freshwater 3. B~qa~qr-b~qou~qnd~qed~8qEs~qtu~qa~qr~00qr~q. These result from bottom sediment& in this area in ~qus~2q"~0qU~qY Outflow makes tidal rivers well~q-flush~qtd. The with a graduation toward f~qi~qn~qor Lid~qal ~qr~q'~q-ver basin may be a ~qs~qU~qnpl~qe channel or a the d~qev lopmen~qt of an offshore barrier. such coarse~q. in the es, small associated as a be~2q:~qch strand. a line of barrier ~qls~4ql~qa~qn~12q& par~qt~qi~qc~08qUs ~0qJ~qA the bead of the estuary~q- complex of ~qLribu~qtar~qi reduced flow, and a reef formations. a line of moraine debris~q. or- ~q- head region and other z~qon~qo~q$ of emb~qay~2qm~qents m~qa~qmh~0qf~qr~qonts. tidal flats, the subsiding remnants of a deltaic lobe. TAG fine silty sands am deposit*& Sand ~varie~qty of others. basin is often partially exposed at low tide deposition occurs only in wider or deeper ~q6. L~qa~qgoo~qt~qv Lagoons are coaf~ql~qned coastal ban or regions where velocity is reduced. bo~4qd;e~qs of water with restricted inlets to ~qth~qe and is enclosed by a chain of offshore ~0 ~~3~qM F~~d~w~l R~q*~~t~~ / Vol. ~55. No. 141 / Monday, July 23. 1990 / Rules and Regulations ~A~f~ud~- At the b~a~q" level of a stream near freshwater ~ir~qd~q!~w~x and a lack of ~rt~r~o~a~g tidal respect to the soil. is subject to c~o~n~s~t~r~ie~r~sb~ie ~~~ ~a~x~wth, the bottom is typically composed ~exc~qh~a~n~t~-~le because of the typically narrow ~qf~ql~uc~t~u~a~t~i~or~L of loose muds, silt. arid ~0~1~1~a~r~t~i~c detritu~s as a inlet connecting ~the lagoon to t~qhe ~se~e. b. ~G~r~ou~n~d~%~v~t~rte~i~r This is w~v~f~tr contained ~qm result of erosion and transport from the tipper Circulation~. whose major ~dr~i~v~u~r~i~g force is ~the rocks below th~e water table. Is ~u~su~a~Uy of s~"am reaches and o~r~ga~-~q= decomposition. ~w~r~ind. is ~d~-~m major limiting 'actor in b~io~!~o~g~ical mo~r~! ~un~iform volume than v~a~dose water. and ~J~~W inside the estuary en~tr~a~nc~e~. the bottom pr~oduc~tv~iry within lagoons. generally follows the ~t~o~po~gr~sp~h~@c re~Uef of the cc,~n~:~a~i~q= c~ons~i~d~a~r~ab~i~a quantities of &and ~&~=~qd B. Tides. This is the most ~L~r~m~p~~o~eant land. being high below hills ~and~'~a~l~o~p~i~n~g into mud. wt~iuc~h support a rich f~auru~i~t~. Mud flats. ecological factor ~i~n an estuary. as it effects valleys. ~c~~r~r~-~n~a~n~iy ~0qh~i~i~i zip ~L~n estuarine basins. are water exchange ~a~nd its vertical range c~--posed of ~l~ic~se. coarse. and ~.~9~qme ~m~,~-~-~J ~&~rd determines die extent of tidal flats which Group ~q11~3~-~-~qc~qh~em~i~ca~ql s~n~d. often div~i~qd~i~a~g the ~o~n~g~t~r~i~al c~qha~an~z~.. may be exposed and submerged with each A. Salinity- This reflects a complex ~qm~ix-~ar~e 3. ~qAoc~qi~r.~- Rocks usually occur ~Ln areas tidal cycle. Tidal action against the volume ~of of salts. ~t~qh~e Most abundant being sodium where the stream runs rapidly over a steep river water discharged into an es~tu~q&~-y results chloride. and is a very critical factor in the gradient with its coarse materials being in a complex system whose p~i~m~pe~rt~ies vary di3tri~qluti~on and mai~a~t~qm~a~nc~e of many derived from the ~qW~qg~qher elevations where the according to estuary structure as well as the estuarine organisms Based an salinity, there ~~~e~a~qm slope is greater. ~8qne larger fragments magnitude of river now and ~qdd~al range. Tides are two basic estuarine types and eight ~:re usually found in shallow areas near the are usually described in terms of their cycle different salinity zones (expressed in parts stream mouth. and ~qd~i~ei~r relative heights. In the United per thous~an~qd-ppt~q). 4. ~0qOy~s~t~-~e~r shell.- Throughout a major portion States. tide height is reckoned on the basis of 1. Po~it~qi~!~iv~e ~a~stua~rr. This is an estuary in of ~t~qh~x world. the oyster reef is ~or~* of the average low tide. which is ~Ir~eferred to as which the ~qAr~eshw~a~ter influx is sufficient to most significant features of estuaries. Usually da~t~u~r~n. The tides. although complex. falls into maintain -Was resulting in a pattern of being found near the mouth of the estuary i~a three main c~a~te ~' ~: increasing ~s~a~qf~qt~i~s~ity toward t~qh~e estuary mouth. ~~ zone ~o~qf moderate wave action. salt content. ~i. Di~ur~qml. ~' refers to a daily change ~qi~n ~~d turbidity. It Is often a major factor in water ~qk~r~v~e~ql that can be observed ~I~tIo~0qn the It is characterized by low oxygen modifying estuarine current systems and shoreline. There is o~n~e high tide and one low concentration In the ~qd~e~q~qw waters a~n~qd sedimentation. and may occur as an tide per day. considerable organic content in bottom elongated is~qL~and or peninsula oriented across 2~. S~a~qm~qi~4qau~r~n~i~s~qh This refers to a twice daily sediments. the main current. or may develop p~ar~a~qf~qfel to rise and fall t~n water that ~c~a~n be observed ~qL Negative~, ~ar~t~u~a~rr This Is ~qf~o~u~n ~I~n the direction ~of the current. along ~qew ~s~qh~o~re~qt~qi~n~e. p~ar~qf~qi~c~u~qL~ar~qty a~nd regime. where estuary Croup II~q-~qHy~qd~r~o~grap~qh~qic ~& W~qi~m~qd~qlS~l~o~r~qm r~qA~8q*~r This refers to evaporation may exceed ~qfr~a~s~qh~qw~a~t~ar billow, A. C~qi~r~c~u~qi~c~i~t~i~o~n~: Qrcu~qL~at~l~a~i~a patterns are ~th~e ~qf~ql~u~c~qf~qt~a In water elevation to wind and ~r~a~m~utt~i~ng in ~qb~acr~e~a~sed ~sa~ql~qk~a~dty In ~qd~qw result of the combined ~qh~8qOue~nc~es of storm events, where influence of l~im tides part of the ~qb~a~s~i~b~e. ~e~spe~c~ia~qf~ql~qy If the ~as~2q= freshwater flow. tidal action. wind and is less. mouth is restricted so ~1~qha~t I" 1~q5o~qW Is oceanic forces~. ~d~a~i~qd ~s~e~rv~i~e -~ny f~a~nc~t~ql~i~o~ns: ~qC. Freshwater According to nearly an the ~qI~nh~qib~i~8q" Tassel am ~ty~p~qic~s:~q117 very ~v~a~ql~ly ~u~t~i~qm~int transport plankton ~qdi~sp~er~sa~qL d~e~8qf~8qt~qd~o~qw advanced. it is inherent that all ~q(~qh~qy~qp~i~e~r~qha~qll~n~e~q)~, mod.. t~e~qly oxygenated at ecosystem flushing. salinity control~. W~a~ta~r Militaries need freshwater. w~qh~0qk~ql~i ~qi~s d~l~iLi~c~ed depth. and p~o~ss~qm b~ott~a~i~n s~ad~ql~i~zz~a~tr~ts ~qd~ist an m~~d~x~k~4q& and more. from the land and measurably dilates poor In organic content. 1. S~t~qm~o~qf~t~ed~- This is typical ~af estuaries seawater is create a brackish c~o~n~qd~qI~t~h~qm ~& Salinity ~s~o~n~e~s~ [expressed Lit ~qAp~4qO with a strong freshwater influx and is Freshwater enter$ an estuary as runoff ~qh~V~i~n a. Hy~qp~erh~all~o~o-~qgr~e~at~e~r ~Ih~a~n ~40 ppL commonly found in bay* ~qt~orm~ad from the ~8qU~nd either from it surface ~a~nd~q/~v~ir ~qb~. ~qZ~u~qha~qll~n~o~-~q@ ppt to 30 pp~t~. "drowned" river valleys. ~qnor~qd~s. and other subsurface sou~r~v~e. c. ~8qW~yn~h-~1~1r~i~s: 30 ~qppt to 0~,~5 ~qp~pL deep ~qh~a~s~in- Th~er~s~t is a net ~qm~ov~em~ant of ~'-~L ~qSw~qf~b~i~sr ~3~v~a~t~e~r ~q7~q%~qi~s~'~qIs w~a~6~e~ir ~qa~r~w~qt~n~qg over ~q11~q) ~4qM~4qh ~i~qhan'3~q0 ~qp~qp~t but freshwater outward at the top layer and the ~qW ~qb~a~*~l~qh~q@ ~8q%r~qm of ~str~e~q- I Ins than the ~a~qd~qj~ac~a~ut ~su~qb~al~ql~z~i~a s~o~q& saltwater at ~t~qh~e ~qb~ot~!om lay-= resulting in a variation ~qb~z~'~8qK~qm~o~2qf~2qf Is d~qe~qp~qa~rde~n~t ~4qV~qW~1~q1~t~v (2~q] ~qF~o~ql~qly~qb~e~ql~l~a~w-~qW p~qpt to ~1~3 ~qP~qp~L ~- ~-~-~2 ~ii~-~A~i~rb~8qM~i~t~y~ql net outward transport of surfs," ~o~r~qg~ar~tism~s nature ~0~q1~4~q1~qw~qi~m~8qo a ad net inward tr~a~qmp~a~n ~of bottom degree of ~qi~qw~qT~a~i~:~qi~, I ~'~V~e~qg~a~2qW~o~r~6qW ~t~0qM ~a~n~qd ~q(4) ~8qO~qU~4qp~6q"~qI~n~8q" pp~t to U ~qD~qP~L development load tic ~c~o~nd~0qM~o~qm and d. ~qL~qb~qm~w~0qf~0qt ~qL~es~s~ than~ ~4qU PPL ~~~ld~n~qi~A~qms~. ~. ~- ~- I. ~- ~.~.~"~* ~~. I I to ~2. A~r~o~n-s~tr~a~t~iT~l~ed~- ~qE~gt~qii~qa~qHes ~af this type am ~n~qi~o~qb~qm~l~qi 111~1~q1~1~111~q1 r~v~qf ~6q*~0qk~q)~qp~-~4qf~4qt~6qW~q=~- ~--~qJ~qL~-pH~qP~W~qg1z~m~qi~q1~q2~4q&~0qb~h~-4 ~a~qd~q"~Ci~qft~qb~d ~'~6q*~C~o found where water movement Is sluggish and L ~8q&~6q6~w~&~v ~qT~qh~qi~s~qt to ~t~qh~e~- mineral r~qich~n~e~q" of ~m~a~j~a~sz~qL~qW -am a~n~qd that ~qh~qs~qe _ ~qs~i~qb~e~a~r~qb~e~qd ~q1~0q4 ~th~e ~qt~n~t~o ~q&~r~W ~6q"~0q&~6qr flushing rate Is low, although then may be a sufficient circulation to ~qp~r~ov~4qW~e the b~qu~qi~s for ~s~o~qg arid ~st~o~e b~el~qa~v~qi~'~8q&~*~'~qi~q@~r~qf~i~4qI 1. Acid: W~al~i~ar~e with a pH of less 1~1h~an ~&~qL a hi~qS~qh carrying capacity. This is cc-on to distribution of s~ub~s~t~ir~qf~ac~l~qi w~q~ d~ep~e~n art' - ~L C~qk~c~m a PH shallow emb~oym~ent~s ~4q" bays lacking a k~qw~2qd ~6qd~qi~qma to. ~t~op~o~qg~i ~l~qi~p~qh~y~. and the p~ar~o~a~qf~qty ra~n~qs~o~l~p tram ~s~i~-to ~qm good supply of freshwater from land end; ~'~qm ~2qU~qi~t~qyc~i~qf~t~qb~ou~nd~a~qdy~qi~n~qg~s~a~qil~s and & Alkaline~: We ~t~er~s with a PH ~q!~N~a~t~g~q! ~t~qh~e~n drainage. rocks~. ~qT~qb~ar~a ~s~z~o two ~a~s~qin ~v~ib~t~qYp~o~i~s of 3. ~qL~a~go~on~a~ql.- An estuary of this ~t~q3~0qw Is surface water~. -~1~q0~1~1 ~4qr~qJ~e~qd ~7~-~2~0-~4qf~4qt ~0qW am] characterized by low rates of water ~Y~e~.~-~qV~a~qd~e~qf~qf ~v~i~e~r~8qT~a~ql~s to ~qw~a~t~q" in the son ~qI~4qm ~qD~q= all movement ~r~e~su~ql~f~i~n~qS from a I~&~2qA of ~s~2qW~ri~qll ~T~qv ~qw~2qf~2qt ~O~L~L~qM ~0~0~0111~1 ~1~4~1~6~.~41111,11111~ ~q@~smt ab~e ~qt~qh~i~a ~qw~ert~qe r table. Its ~r~Q~qk~0q=~qs u~.S. 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