Environmental Site Assessment Phase 1: Fundamentals, Guidelines, and Regulations - Chapter 11 docx

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Chapter 11
Special Resources
Introduction
“Special resources” refers to a broad category of items that make the property
and/or buildings unique. The property may be the habitat for an endangered
reptile, or a building may have been the childhood home of a former presi‑
dent. It may be a special habitat for migrating birds, or it may have unique
aesthetic qualities. Many of these resources are protected. Thus, land devel‑
opment is restricted by law. These restrictions could impact the plans for
property development and defuse the developer’s intended use for the land.
A special resources query is not typically required for a Phase I envi‑
ronmental site assessment. Many of the components are often included in
a separate assessment, commonly referred to as an environmental impact
statement (e.g., impact on an endangered species). However, some clients
require an abbreviated review of special resources and the probability for
impact on their property, especially if they are hoping to develop it. This
generally applies to undeveloped land only.
Although the impact of special resources is not as potentially costly, they
can affect plans and potentially precipitate criminal or civil lawsuits. An
investigator who is aware of the components and their potential impact will
be better able to assist a client’s decision‑making process when discussing
the scope of work, if the client plans to develop the property.
With the aid of local agencies, the investigator can generally identify
potential areas of concern. These agencies include the local planning depart‑
ment, the U.S. Army Corps of Engineers, the EPA, or any of the state or local
regulatory arms for the EPA.
A more in‑depth review of special resources may require a specialist. For
example, the identication and quantication of the impact on the northern
spotted owl will require the services of a biologist or an ornithologist. The
investigator discovers the probability for an impact. The specialist claries

and denes it.
The topics discussed in this chapter are some of the more prevalent issues
speculated on in Phase I site assessments. My intent is to introduce them, not
to detail particulars.
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218 Environmental Site Assessment Phase I
Threatened and Endangered Species
1–3
As of 1991, more than six hundred mammals, birds, reptiles, sh, mollusks,
plants, and other life forms native to the United States were ofcially pro‑
tected as endangered or threatened. An “endangered” species is one that is
in danger of extinction throughout all or a signicant portion of its range. A
“threatened” species is one that is likely to become endangered within the
foreseeable future. Both are protected.
The Federal Endangered Species Act was passed into law in 1973. The
purpose of this act was to protect certain species of plants, sh, and wildlife
that are in danger of becoming extinct and to conserve the ecosystems on
which these species depend. The Act specically prohibits the taking of any
species listed by the federal government.
The term “taking,” originally dened as harm or harassment of individ‑
uals of a protected species, has been broadened to include the prohibition of
acts or activities that may harm the species indirectly by adversely affecting
its habitat. The U.S. Fish and Wildlife Service, a division of the Department
of the Interior, is charged with its enforcement.
The initial step to comply with the Endangered Species Act is to deter‑
mine whether or not habitat for the species exists on the property. The Fish
and Wildlife Service publishes habitat descriptions; if after reading them the
investigator is reasonably certain this is not an issue for the property, plans
may proceed without further delay. If, on the other hand, the investigator is

uncertain, the Fish and Wildlife Service or a qualied biologist may be con‑
sulted. (See Figures 11.1 and 11.2.)
The U.S. Fish and Wildlife Service can determine whether habitat for an
endangered species exists on the property. To do so, however, they require
the following documentation:
Map showing the location of the property
Size of the property
Description of the area’s vegetation
Recent aerial photograph, if available
Ground photographs of the project area, if available
Brief description of the planned activity
Requesting party’s address and telephone number
The habitat review may take six to eight weeks. Some reviews require a
site visit, but the requesting party will be notied if that is necessary. Other
wildlife will require an on‑site survey by a U.S. Fish and Wildlife biologist or
a private consultant versed in the subject.
If habitat is found on the property, the easiest direction is to prevent devel
‑
opment or other use of the land. However, the Act does provide some ex‑
ibility in regulating the “incidental taking” of a listed species. An incidental
take is a taking of the species that is the result of an otherwise lawful activity.
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Special Resources 219
The take must not be the intended purpose of the action. Hence, the U.S. Fish
and Wildlife Service may issue permits to individual property owners or
regional entities for the incidental taking of a federally listed species. A habi‑
tat conservation plan must be developed and approved before such a permit
can be issued. The habitat conservation plan must specify:
The impact likely to result from the proposed incidental taking
The steps that would be taken to monitor, minimize, and mitigate such
impacts, and the funding available to implement such steps
Alternative actions to the incidental taking that were considered and
the reasons such alternatives are not being utilized
Any other measures the U.S. Fish and Wildlife Service may deem nec‑
essary or appropriate
Although it is possible to prepare such a plan for an individual tract of
land, the process can be expensive and time consuming. Very few potential
buyers opt to go this route. A buyer with plans to develop the land may
decide to look elsewhere.
Those who violate the Endangered Species Act face civil and criminal
penalties. Individual violators may be ned up to $100,000 and/or sentenced
to a year in jail, and organizations may be ned up to $200,000.
Critical and Unique Habitat
1
The distinguishing difference between endangered species and critical and
unique habitat is coverage. Whereas endangered species includes import
and export concerns and a consideration for the actual endangerment of
the species, the critical and unique habitat is directed toward protecting the
environmental setting that is conducive to the survival of a species.
Recovery of an endangered species requires stopping and reversing its
decline and then ensuring its long‑term survival in nature. This generally
requires habitat protection, research, captive breeding and reintroduction,

or special wildlife and habitat management techniques.
For example, the American bald eagle population was estimated to be
fewer than four hundred nesting pairs in the 1960s. Protection of habitat,
along with stricter law enforcement, reintroduction, public education, and a
ban on the use of DDT in the United States reversed the dwindling numbers.
In 1991, more than three thousand nesting pairs were counted.
Another example is the whooping crane, which in the late 1940s was
reduced to fewer than twenty birds in the whole world. However, a captive
breeding ock has been managed since 1967, and the total number of whoop‑
ing cranes currently exceeds two hundred. The natural habitat for the crane
is grassy marshlands and bogs, which had been replaced with croplands and
cities. Although an attempt had been made to protect the whooping crane’s
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220 Environmental Site Assessment Phase I
(Terscheck ex Walp.) Haage f. var. albertii
L. Benson
Neolloydia mariposensis (Hester) L. Benson
Coryphantha minima Baird
Echinocereus fendleri (Engelm.) F. Seitz var. kuenzleri (Castetter,
Pierce & Schwerin) L. Benson
Ancistrocactus tobuschii (W.T. Marsh.) W.T. Marsh. ex Backeberg
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Figure 11.1 Threatened/endangered plant list for Texas. (Source: Texas Parks and Wildlife, January 31, 1992.)

Coryphantha sneedii (Britt. & Rose) Berger
Styrax texanus Cory
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222 Environmental Site Assessment Phase I
Species Groups: Mammals
Listing Status: Endangered, Threatened, Emergency Listing (Threatened), Emergency Listing
(Endangered),Similarity of Appearance (Endangered), Similarity of Appearance (Threatened)
Listed in the US
Species Report
Inverted Common
Name
Scientific Name Where Listed
Listing
Status
Bat, gray
Myotis grisescens
- E
Bat, Hawaiian hoary
Lasiurus cinereus
semotus
- E
Bat, Indiana
Myotis sodalis
- E
Bat, lesser long-nosed
Leptonycteris curasoae
yerbabuenae
- E
Bat, little Mariana fruit

Pteropus tokudae
- E
Bat, Mariana fruit
(=Mariana flying fox)
Pteropus mariannus
mariannus
entire range T
Bat, Mexican long-
nosed
Leptonycteris nivalis
- E
Bat, Ozark big-eared
Corynorhinus (=Plecotus)
townsendii ingens
- E
Bat, Virginia big-eared
Corynorhinus (=Plecotus)
townsendii virginianus
- E
Bear, American black
Ursus americanus
U.S.A. (LA, all counties; MS, TX, only within the
historic county range of the Louisiana black
bear)
SAT
Bear, grizzly
Ursus arctos horribilis
U.S.A., conterminous (lower 48) States, except
where listed as an experimental population or
delisted

T
Bear, Louisiana black
Ursus americanus
luteolus
- T
Caribou, woodland
Rangifer tarandus
caribou
U.S.A. (ID, WA), Canada (that part of S.E.
British Columbia bounded by the U.S Can.
border, Columbia R., Kootenay R., Kootenay L.,
and Kootenai R.)
E
Deer, Columbian
white-tailed
Odocoileus virginianus
leucurus
Columbia River (Clark, Cowliz, Pacific,
Skamania, and Wahkiakum Counties, WA., and
Clatsop, Columbia, and Multnomah Counties,
OR.)
E
Deer, key
Odocoileus virginianus
clavium
- E
Ferret, black-footed
Mustela nigripes
Entire, except where listed as an experimental
population below

E
Fox, San Joaquin kit
Vulpes macrotis mutica
- E
Figure 11.2 Threatened/endangered animal list for Texas. Note that the list has
global, state, and federal status for each entry. (Source: Texas Parks and Wildlife, Jan‑
uary 31, 1992.) Continued.
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Special Resources 223
Fox, San Miguel
Island
Urocyon littoralis littoralis
- E
Fox, Santa Catalina
Island
Urocyon littoralis
catalinae
- E
Fox, Santa Cruz
Island
Urocyon littoralis
santacruzae
- E
Fox, Santa Rosa
Island
Urocyon littoralis
santarosae
- E
Jaguar

Panthera onca
- E
Jaguarundi, Gulf
Coast
Herpailurus (=Felis)
yagouaroundi cacomitli
- E
Jaguarundi, Sinaloan
Herpailurus (=Felis)
yagouaroundi tolteca
- E
Kangaroo rat, Fresno
Dipodomys nitratoides
exilis
- E
Kangaroo rat, giant
Dipodomys ingens
- E
Kangaroo rat, Morro
Bay
Dipodomys heermanni
morroensis
- E
Kangaroo rat, San
Bernardino Merriam's
Dipodomys merriami
parvus
- E
Kangaroo rat,
Stephens'

Dipodomys stephensi
(incl. D. cascus)
- E
Kangaroo rat, Tipton
Dipodomys nitratoides
nitratoides
- E
Lion, Asiatic
Panthera leo persica
- E
Lynx, Canada
Lynx canadensis
U.S.A. (CO, ID, ME, MI, MN, MT, NH, NY, OR,
UT, VT, WA, WI, WY)
T
Manatee, West Indian
Trichechus manatus
- E
Mountain beaver,
Point Arena
Aplodontia rufa nigra
- E
Mouse, Alabama
beach
Peromyscus polionotus
ammobates
- E
Mouse, Anastasia
Island beach
Peromyscus polionotus

phasma
- E
Mouse,
Choctawhatchee
beach
Peromyscus polionotus
allophrys
- E
Mouse, Key Largo
cotton
Peromyscus gossypinus
allapaticola
- E
Mouse, Pacific pocket
Perognathus
longimembris pacificus
- E
Mouse, Perdido Key
Peromyscus polionotus
- E
Figure 11.2—Continued.
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224 Environmental Site Assessment Phase I
beach
trissyllepsis
Mouse, Preble's
meadow jumping
Zapus hudsonius preblei
- T

Mouse, salt marsh
harvest
Reithrodontomys
raviventris
- E
Mouse, southeastern
beach
Peromyscus polionotus
niveiventris
- T
Mouse, St. Andrew
beach
Peromyscus polionotus
peninsularis
- E
Ocelot
Leopardus (=Felis)
pardalis
- E
Otter, Northern Sea
Enhydra lutris kenyoni
southwest Alaska DPS (Aleutian Islands, Alaska
Peninsula coast, and Kodiak Archipelago)
T
Otter, southern sea
Enhydra lutris nereis
Entire, except where listed below T
Panther, Florida
Puma (=Felis) concolor
coryi

- E
Prairie dog, Utah
Cynomys parvidens
- T
Pronghorn, Sonoran
Antilocapra americana
sonoriensis
- E
Puma (=cougar),
eastern
Puma (=Felis) concolor
couguar
- E
Puma (=mountain lion)
Puma (=Felis) concolor
(all subsp. except coryi)
U.S.A. (FL) SAT
Rabbit, Lower Keys
marsh
Sylvilagus palustris
hefneri
- E
Rabbit, pygmy
Brachylagus idahoensis
Columbia Basin DPS E
Rabbit, riparian brush
Sylvilagus bachmani
riparius
- E
Rice rat

Oryzomys palustris
natator
Lower FL Keys (west of Seven Mile Bridge) E
Sea-lion, Steller
Eumetopias jubatus
Entire, except the population segment west of
1440 W. Long
T
Sea-lion, Steller
Eumetopias jubatus
Population segment west of 1440 W. Long E
Seal, Caribbean monk
Monachus tropicalis
- E
Seal, Guadalupe fur
Arctocephalus townsendi
- T
Seal, Hawaiian monk
Monachus schauinslandi
- E
Sheep, bighorn
Ovis canadensis
U.S.A. (CA) Peninsular Ranges E
Sheep, Sierra Nevada
bighorn
Ovis canadensis
californiana
U.S.A. (CA) Sierra Nevada E
Shrew, Buena Vista
Sorex ornatus relictus

- E
Figure 11.2—Continued.
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Lake ornate
Squirrel, Carolina
northern flying
Glaucomys sabrinus
coloratus
- E
Squirrel, Delmarva
Peninsula fox
Sciurus niger cinereus
Entire population, except Assawoman Wildlife
Area in Sussex Co., DE
E
Squirrel, Mount
Graham red
Tamiasciurus hudsonicus
grahamensis
- E
Squirrel, northern
Idaho ground
Spermophilus brunneus
brunneus
- T
Squirrel, Virginia
northern flying
Glaucomys sabrinus

fuscus
- E
Vole, Amargosa
Microtus californicus
scirpensis
- E
Vole, Florida salt
marsh
Microtus pennsylvanicus
dukecampbelli
- E
Vole, Hualapai
Mexican
Microtus mexicanus
hualpaiensis
- E
Whale, blue
Balaenoptera musculus
- E
Whale, bowhead
Balaena mysticetus
- E
Whale, finback
Balaenoptera physalus
- E
Whale, humpback
Megaptera novaeangliae
- E
Whale, right
Balaena glacialis (incl.

australis)
- E
Whale, Sei
Balaenoptera borealis
- E
Whale, sperm
Physeter catodon
(=macrocephalus)
- E
Wolf, gray
Canis lupus
U.S.A., conterminous (lower 48) States, except
MN and where listed as an experimental
population; Mexico
E
Wolf, red
Canis rufus
Entire, except where listed as experimental
populations below
E
Woodrat, Key Largo
Neotoma floridana smalli
- E
Woodrat, riparian
(=San Joaquin Valley)
Neotoma fuscipes riparia
- E
Figure 11.2—Continued.
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226 Environmental Site Assessment Phase I
wintering grounds along the gulf coast of Texas in the late 1960s, the nesting
grounds also needed protection.
Buildings and Structures of Historic Value
4–7
The National Historic Preservation Act of 1966 established the legal and
administrative context within which local historic preservation commissions
relate to, and participate in, the nation’s historic preservation program. The
enactment was in response to public concern that many historic resources
were not receiving adequate attention.
Section 106 of the National Historic Preservation Act requires that federal
agencies consider what effects their actions—and actions they may assist,
permit, or license—may have on historic properties, and that they give the
Advisory Council on Historic Preservation a “reasonable opportunity to
comment” on such actions. The Advisory Council is an independent federal
agency. Its role in the review process is to encourage agencies to consider
and, when feasible, adopt measures that will preserve historic properties.
They do not have the authority to require agencies to halt or abandon proj‑
ects, but they work in association with local and state governments to iden‑
tify and agree on ways to protect the properties of historic signicance.
8
The Tax Reform Act of 1986 permits the owners of historic buildings to
receive a 20% income tax credit on the cost of rehabilitating industrial, com‑
mercial, or residential properties. The intent was to preserve the most impor‑
tant vestiges of our national heritage.
9
A nationally certied historic structure is one of the following:
A structure individually listed in the National Register of Historic Places
A structure certied by the National Park Service as contributing to a
registered district

The National Historic Preservation Act denes historic property as “any
prehistoric or historic district, site, building, structure, or object, included
in, or eligible for, inclusion in the National Register.” Properties may be
nominated for inclusion under one of ve categories: district, site, building,
structure, or object. Archaeological resources may fall under “sites.” (See Fig
‑
ures 11.3 and 11.4.)
A National Register designation does not require that the owner provide
public access, obligate the owner to maintain the property, or impose restric‑
tions regarding alterations or renovations to the property—unless either
grant assistance or federal tax credits have been involved. It is up to the state
and local governments to assess the property.
State and local governments also register properties for their area of cover‑
age. The state historic preservation agency provides further guidance for area
nominations. The requirements for listing a property and the incentives vary.
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Figure 11.3 National historic building. Miss Laura’s, Ft. Smith, Arkansas, is the
only bordello listed on the National Historic Registry.
Figure 11.4 Archaeological site. Grounds around the old Dr. Pepper building in
Waco, Texas, were excavated for old artifacts. Trafc and construction activities were
limited prior to and during the dig.
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228 Environmental Site Assessment Phase I
The process of listing a property in the National Register of Historic Places
is jointly conducted by the federal government (represented by the National

Park Service of the Department of Interior) and the state (represented by the
governor‑appointed state historic preservation ofcer).
The regional National Park Service will have the pertinent information for
your state. A building less than fty years old is very unlikely to have been
listed; if listed, it may have received federal funding and/or a tax break.
In brief, the purchase of a local, state, or federal designated historic struc‑
ture (or building) may have some strings attached (e.g., restrictions or spe‑
cial maintenance requirements). The consultant should thus take the time to
review the lists—local, state, and federal.
Archaeological Resources
4
Archaeological resources are protected under the National Preservation Act
of 1966. The basic treatise is that federal and state property must be sub‑
ject to an archaeological resources review prior to land development or any
activities that may disturb artifacts of historic value. Federal and state land
includes property that is receiving or will receive a federal grant and permits
on, around, or about federal property.
The investigator may obtain information from the state historic preser‑
vation ofce. If no problems are known, the preservation ofce will likely
comment that if any artifacts are discovered during excavation, work must
be stopped until they can perform further evaluation.
Wetlands
10,11
“Wetlands” is a collective term for marshes, swamps, bogs, and similar
areas that often develop between open water and dry land. According to
the EPA, these wet areas are found in every county of every state in the
United States. In the 1600s, it was estimated that more than 200 million
acres of wetlands existed in the forty‑eight states. By the mid 1970s, there
were approximately 99 million acres of wetlands in the forty
‑eight states—

less than half of what was available in the 1600s. In the 1970s, there were
an estimated 200 million acres of wetlands in Alaska and less than 100,000
acres in Hawaii, but no estimates are available for the losses since then.
(See Table 11.1.)
In the past, wetlands were considered by many to be wastelands—a
breeding ground for mosquitoes and ies or a source of foul odors. Wet‑
lands were to be not only avoided but eliminated. Thus, more than half of
America’s original wetlands have been destroyed. They have been drained
and converted to farmland, lled for housing developments and industrial
facilities, or used as dumping grounds for household and industrial wastes.
Recently, however, scientists have discovered these unsightly wetlands are a
valuable natural resource.
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Wetlands provide important sh and wildlife habitats, help improve
water quality, reduce ood and storm damages, control shoreline erosion,
and provide a vehicle for recreation and aesthetics. They are critical to the
survival of a wide variety of animals and plants, some of which are rare and
endangered species. Wetlands are also croplands for blueberries, cranber‑
ries, and wild rice. Many sh and shellsh are harvested from wetlands, and
fur‑bearers (e.g., mink) depend on wetlands.
Wetlands improve water quality by removing and retaining nutrients,
processing chemical and organic wastes, and reducing sediment loads to
receiving waters. Wetlands serve as retaining tubs, storing oodwaters that
overow riverbanks or surface water that collects in isolated depressions.
Wetlands located between rivers and high ground provide a buffer zone
against erosion. Some states even recommend planting wetland vegetation
to control shoreline erosion in coastal areas.
Many wetlands are used by hunters and shermen. They are a source of

aesthetic beauty to the artist and provide popular sites for recreational activi‑
ties (e.g., hiking, boating, and swimming).
Under the Clean Water Act, Section 404, the EPA is charged with the
responsibility for restoring and maintaining the chemical, physical, and bio‑
logical integrity of the nation’s water and protecting the wetland resources.
Table 11.1 Major Causes of Wetlands
Loss and Degradation
Human Causes
Drainage
Dredging and stream channelization
Deposition of ll material
Diking and damming
Tilling for crop production
Grazing by domesticated animals
Discharge of pollutants
Mining alteration of hydrology
Natural Threats
Erosion
Subsidence
Sea level rise
Droughts
Hurricanes and other storms
Overgrazing by wildlife
Source: U.S. EPA: America’s Wetlands—Our
Link between Land and Water.
[Bulletin], Fish
and Wildlife Service, Washington, DC, p. 6.
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230 Environmental Site Assessment Phase I

To accomplish this, the EPA requires permits to regulate dredged discharges
or ll material into many of the nation’s wetlands. Activities for which per‑
mits may be required include, but are not limited to, the following:
Placement of ll material
Ditching activities, when the excavated material is sidecast
Levee and dike construction
Mechanized land clearing
Land leveling
Most road construction
Dam construction
These “404 permits” are submitted to the U.S. Army Corps of Engineers.
Some activities will be restricted and many will be disallowed.
Section 404 denes wetlands as “semi‑aquatic lands that are either inun‑
dated or saturated by water for varying periods of time during the year, and
that under normal circumstances do support a prevalence of vegetation typi‑
cally adapted for life in saturated soil conditions.” The main categories are
coastal and inland wetlands.
Coastal wetlands are those that are located along the United States’
coastal regions, where estuaries pour into the ocean, creating an environ‑
ment of varying salinities. Certain grasses and grass‑like, salt‑loving plants
have adapted to this rather difcult environment, crea
ting coastal marshes.
They are particularly abundant along the Atlantic and Gulf coasts; mangrove
swamps, dominated by salt‑loving shrubs or trees, are common in Hawaii
and southern Florida.
Inland wetlands are those that occur in the nation’s interior. The more
common locations are in oodplains, along rivers and streams, in isolated
depressions surrounded by dry land, and along the edge of lakes and ponds.
Some may even exist as the upper edges of coastal marshes where saltwater
inuence terminates. Inland wetlands include marshes and wet meadows

dominated by grasses and herbs, shrub swamps, and wooded swamps dom‑
inated by trees. (See Figure 11.5 and Table 11.2.)
Following are some generalized characteristics that would indicate a
strong probability that a given parcel of land will be considered a wetland
by the U.S. Army Corps of Engineers:
Area is located in a oodplain or otherwise has low spots in which
water stands at, or above, the soil surface during the growing season.
Caution: Most wetlands lack both standing water and waterlogged soils
during at least part of the growing season.
Area has plant communities that commonly occur in areas that have
standing water for part of the growing season (e.g., cattail marshes).
Area has soils that are called pear or muck.
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Area is periodically ooded by tides, even if only by strong wind‑
driven or spring tides.
Many wetlands can be identied by their characteristics, but a few situ‑
ations are unclear (e.g., boundary areas). In such instances, the Corps may
be consulted.

To further complicate matters, many states have their own wetlands pro‑
tection laws; in some cases, local governments may even implement their
own programs. State and local regulations are often stricter than the federal
laws. Investigators should become familiar with their state’s requirements.
Although property that is associated with wetlands may appear to be
ideal for a development, its use may be restricted or prohibited entirely. If
the proper channels are not followed, the EPA can impose nes. Willful
violations of the Act are felonies; negligent violations are misdemeanors.
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Table 11.2 Well‑Known Wetlands in the United States
Pocosins of North Carolina
Bogs and fens of the Northeastern and North Central states and Alaska
Inland saline and alkaline marshes and riparian wetlands of the semiarid West
Prairie potholes of Minnesota and the Dakotas
Vernal pools of California
Playa lakes of the Southwest
Cypress‑gum swamps of the South
Wet tundra of Alaska
Tropical rainforests in Hawaii
Figure 11.5
Wetlands designated by the U.S. Army Corps of Engineers. This area is
water bound less than two months a year.
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232 Environmental Site Assessment Phase I
Therefore, a dishonest or simply uninformed developer not only may have
to pay a ne and deal with work stoppage but also may be subject to legal
repercussions.
Wild and Scenic Rivers
12

The Wild and Scenic Rivers Act, adopted in 1970, controls development in and
around the nation’s wild and scenic rivers system. The minimum criterion
for inclusion is “free‑owing streams which possess outstanding, remark‑
able scenic, recreational, geological, sh and wildlife, historic, cultural, and
other similar values.”
To qualify for inclusion in the national system, a state’s free‑owing river
area must be designated as a wild, scenic, or recreational river by act of the
state legislature and approved by the Secretary of the Interior. The Act des‑
ignated fty‑three rivers for inclusion in the system and ninety rivers for
potential addition. (See Table 11.3.)
The three classes of river areas as described in the Act are dened as follows:
Table 11.3 Originally Designated Wild and Scenic Rivers by State
12
Alaska
Alagnak
Alatna
Aniakchak
Birch Creek
Beaver Creek
Charley
Chilikadrotna
Delta
Fortymile
Gulkana
Ivishak
John
Kobuk
Mulchantna
Noatak
North Fork of

the Koyukuk
Nowitna
Salmon
Tinayguk
Tlikakila
Selawik
Sheenjek
Unalakleet
Wind
Arizona
Verde
California
American
Feather
Tuolumne
Idaho
Clearwater
Rapid River
Saint Joe
Segments of the
Salmon
Idaho and Oregon
Snake
Michigan
Au Sable
Pere Marquette
Minnesota and
Wisconsin
Lower Saint Croix
Saint Croix

Missouri
Eleven Point
Montana
Flathead
Missouri
Nebraska and
South Dakota
Missouri
New Mexico
Missouri
New York,
Pennsylvania, and
New Jersey
Delaware/Upper
Delaware
North Carolina,
South Carolina,
and Georgia
Chattooga
Oregon
Illinois
Owyhee
Rogue
Tennessee
Obed
Texas
Rio Grande
Washington
Skagit
Wisconsin

Wolf
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© 2008 by Taylor & Francis Group, LLC
Special Resources 233
Wild River Areas: Those rivers or sections of rivers that are free of
impoundments and generally inaccessible except by trail, with water‑
sheds or shorelines, essentially primitive and unpolluted.
Scenic River Areas: Those rivers or sections of rivers that are free of
impoundments, with shorelines or watersheds still largely primitive
and shorelines largely undeveloped, but accessible in places by roads.
Recreational River Areas: Those rivers or sections of rivers that are
readily accessible by road or railroad, that may have some development
along their shorelines, and that may have undergone some impound‑
ment or diversion in the past.
The emphasis of the Act was to protect the values that make a river out‑
standing or remarkable while providing river‑related outdoor recreation
opportunities in a primitive setting. Thus, development is restricted in all
cases and prohibited in others.
An awareness of where these rivers are and whether planned develop‑
ment will be impacted is an important consideration in some cases. Con‑
sultants may review the federal listings, obtainable through the regional
National Park Service ofce.
Coastal Dunes and Beaches
The sand dunes and beaches that lend beauty to the coastal landscapes also
serve a practical purpose. They give resilience to the barrier shoreline, our
frontline defense against tropical storms and hurr
icanes, and they help
reduce the impact of beach erosion. Dunes absorb the impact of storm surge
and high waves, preventing or delaying intrusion of waters into inland areas.
They hold sand that replaces eroded beaches after storms and buffer wind‑

blown sand and salt spray.
Subsequently, many coastal states have instituted laws not only to control,
manage, and protect these areas, but also to promote dune building. The
restrictions vary from state to state, as does the responsible agency. Some
states may prohibit construction of buildings or impose restrictions. Many
will require permits. To identify the proper state‑controlling agency, the
investigator must seek assistance from a designated state agency.
Summary
Special resources should be considered for inclusion in a Phase I assessment
if there are plans to develop the property. Raw land is particularly subject
to such plans. Even if there are no plans to develop the land, the current
purchaser will someday want to sell the property, and wary developers may
identify the restrictions and choose to look elsewhere. This could leave an
investor holding the bag.
•
•
•
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234 Environmental Site Assessment Phase I
References
1. U.S. Fish and Wildlife Service: Endangered Species. [Product Bulletin], U.S. EPA/
Department of the Interior, Washington, DC.
2. Bureau of National Affairs: Endangered Species Act. Washington, DC, S‑829;
71:8201, Mar. 10, 1989.
3. Kingma, Hildy L.: Endangered Species Information
[Product Bulletin], City of
Georgetown, Division of Development Services, Georgetown, TX, Nov. 16, 1992.
4. Advisory Council on Historic Preservation: National Historic Preservation Act of
1966. 16 U.S.C. 470, 2nd Ed., 1984.

5. Texas Historical Commission: Nominating Properties to the National Register of His
‑
toric Places
. [Product Bulletin], National Register Programs, Austin, TX, Apr. 1992.
6. Texas Historical Commission: Protecting Historic & Prehistoric Properties through Des
‑
ignation. [Product Bulletin], National Register Programs, Austin, TX, Apr. 1992.
7. National Park Service: Historic Preservations and Historic Properties
. Local Preser‑
vation News, Interagency Resources Division, Washington, DC, 1990.
8. National Park Service: What Is Section 106 Review?
Local Preservation News,
Interagency Resources Division, Washington, DC, 1990.
9. National Park Service: What Are the Historic Preservation Tax Incentives?
Local
Preservation News, Interagency Resources Division, Washington, DC, 1990.
10. U.S. EPA: America’s Wetlands—Our Vital Link between Land and Water
. [Product
Bulletin], Washington, DC.
11. U.S. Army Corps of Engineers: Recognizing Wetlands
. [Product Bulletin],
National Technical Information Service, Springeld, VA.
12. U.S. Congress: Wild and Scenic Rivers Act
. 16 U.S.C. 1271‑1287, 1970, pp. 16–31.
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