Biological Systems Consultants, Inc.
Ecological Assessments | Compliance | Permitting
Tennessee Department of Environment and Conservation finalized their Stream Quantification Tool (SQT) November 11, 2018. This tool is proposed to replace the 2004 mitigation guidelines.
Tennessee Department of Environment and Conservation (TDEC). (2018). Tennessee Stream Quantification Tool: Data Collection and Analysis Manual, TN SQT v1.0. Nashville, TN: Tennessee Department of Environment and Conservation. )
Jurisdictional Determination projects were conducted at these Kentucky sites in the last couple months. One project was determined to not require a permit while the other was found to contain one jurisdictional intermittent stream channel.
Jurisdictional Determinations are conducted by BSC personnel in support of the requirements of Section 404 of the Clean Water Act (CWA) to identify “waters of the U.S.” as identified by the United States Army Corps of Engineers (USACE). Field surveys for the determination were conducted in accordance with the 1987 USACE Wetlands Delineation Manual (USACE, 1987) and the Final Regional Supplement for the Piedmont and Eastern Mountains Region (USACE, 2012). BSC investigators also evaluate the potential for federal jurisdiction under Section 404 of the CWA over aquatic features in the study area based on USACE revised guidance published December 2, 2008. In addition we conduct determinations in accordance with the new “waters rule” that is now in effect in 26 states.
Kentucky contains seven Level III ecoregions. These ecoregions were defined by similarities in geology, physiography, vegetation, climate, soils, land use, wildlife, and hydrology. The proposed project area is located within the Central Appalachians ecoregion (69) which drains 23,698 square miles. Specifically, the project is within the Level IV ecoregion 69e (Cumberland Mountain Thrust Block) which encompasses 1,083 square miles. The topography in this area is characterized as highly dissected, hilly and mountainous plateau with steep ridges, very narrow ridge tops, narrow valleys, and deep coves. 69e contains elevations ranging from approximately 980’- 4,139’ in Kentucky and contains streams with high gradients, waterfalls, many riffles, few pools, and cobble or boulder substrates (Woods et al., 2002).
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Tennessee Hydrologic Determination (HDT) and Jurisdictional Determinations (JD) are conducted by our trained field staff and follow the Tennessee Department of Environment and Conservation Division of Water Pollution ControlGuidance For Making Hydrologic Determinations. This is required by law within the state of Tennessee under the following statute.
The following is taken from the TN statute:
Public Chapter No. 464 PUBLIC ACTS, 2009 1
STATE OF TENNESSEE
PUBLIC CHAPTER NO. 464
SENATE BILL NO. 632
Tennessee Code Annotated, Section 69-3-103, is amended by
adding the following language as new, appropriately designated subsections:
( ) “Wet weather conveyance” means, notwithstanding any other law or
rule to the contrary, man-made or natural watercourses, including natural
watercourses that have been modified by channelization:
(1) That flow only in direct response to precipitation runoff in their
immediate locality;
(2) Whose channels are at all times above the groundwater table;
(3) That are not suitable for drinking water supplies; and
(4) In which hydrological and biological analyses indicate that,
under normal weather conditions, due to naturally occurring ephemeral or
low flow there is not sufficient water to support fish, or multiple
populations of obligate lotic aquatic organisms whose life cycle includes
an aquatic phase of at least two months;
( ) “Obligate lotic aquatic organisms” means organisms that require
flowing water for all or almost all of the aquatic phase of their life cycles;
( ) “Stream” means a surface water that is not a wet weather conveyance;
( ) “Watercourse” means a man-made or natural hydrologic feature with a
defined linear channel which discretely conveys flowing water, as opposed to
sheet-flow;
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Geographic Information System – GIS projects are performed by our GIS specialists. Biological Systems Consultants gathers data for related mapping, design, and integration into many types of projects including mining related projects, invasive species studies, eel grass assessments, stream restoration, aggregate and coal stockpiles, construction , environmental assessments, cumulative impact assessments, archaeological surveys, and many other types of projects. GIS provides us the ability to analyze, gather, and organize data. GIS technology assists our clients in accomplishing operations and maintenance tasks more quickly and efficiently. Our GIS technicians work closely with staff to develop a final product that meets individual project needs within the budget.
Biological Systems Consultants uses the latest GIS and drone (Unmanned Aerial Vehicle) technology to collect and develop geographic data for your projects. Our GIS technicians are ESRI trained and also utilize technology such as GPS and field data collectors to enhance field data acquisition, which allows us to provide comprehensive service to meet all of your needs.
See additional services here.
This week we performed a wetland delineation in Whitley County, Kentucky to fulfill requirements under Section 404 of the Clean Water Act.
The wetland delineation in Whitley County, Kentucky was conducted by BSC personnel in support of the requirements of Section 404 of the Clean Water Act (CWA). Field surveys for the following determination were conducted in accordance with the 1987 United States Army Corps of Engineers (USACE) Wetlands Delineation Manual (USACE, 1987) and the Final Regional Supplement for the Piedmont and Eastern Mountains Region (USACE, 2012).
According to USACE “This Regional Supplement is part of a nationwide effort to address regional wetland characteristics and improve the accuracy and efficiency of wetland delineation procedures. Regional differences in climate, geology, soils,hydrology, plant and animal communities, and other factors are important to the identification and functioning of wetlands. The regional supplement was finalized in 2012 and covers all or portions of the District of Columbia and 20 states: Alabama, Arkansas, Delaware, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Missouri, North Carolina, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Virginia, and West Virginia” (USACE 2012).
The determination within our report is subject to review and approval by the Nashville District of the USACE. As requested by the Nashville District USACE only the area within the vicinity of the proposed work was evaluated for the wetland delineation. As indicated in our report there was a small area that appeared to meet the soils, hydrology, and vegetation characteristics for wetlands as defined by USACE. See more of our services here.
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References:
United States Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, Department of the Army, Waterways Experiment Station.
United States Army Corps of Engineers. 2012. Final Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region, ed. J.S. Wakeley, R.W. Lichvar, and C.V. Noble. ERDC/EL TR 10-XX. Vicksburg, MS: U.S. Army Engineer Research and Development Center.
Biological Systems Consultants’ West Virginia Selenium Fish Tissue survey and NPDES compliance team is equipped to take on all of your NPDES compliance needs. Recent developments in NPDES compliance include West Virginia’s 2016 revised criterion which employs water column and fish concentrations for compliance. West Virginia Selenium Fish Tissue will compliance include bioaccumulation factors which will be applied to determine water column concentrations. Collection in lakes are collected by gill nets, hook and line, or electroshocking methods according to U.S. EPA Fish Field and Laboratory Methods for Evaluating the Biological Integrity of Surface Waters. Collection in streams will be collected by standard electroshocking methods according to U.S. EPA Fish Field and Laboratory Methods for Evaluating the Biological Integrity of Surface Waters. West Virginia Selenium Fish Tissue sampling will likely be conducted before NPDES are issued and may occur throughout the lifetime of these permits. NPDES permit projects are complicated in nature and have many different project requirements. Finally, our staff is fully permitted and qualified to conduct surveys in multiple states and is prepared for each project by focusing on NPDES compliance.
Selenium Fish Tissue Sampling frequencies are conducted by Biological Systems Consultants following local and federal guidelines. Following the standard operating procedures (SOP) for selenium fish tissue sampling set forth by local regulatory authority we maintain scientific collectors permits. Hence, this allows BSC to provide field personnel with extensive experience identifying the target species as required by the protocols and helping comply with the project specific requirements mandated by the local and federal laws.
In conclusion, if you have any questions about your Section 402 NPDES Selenium Fish compliance or have been requested to address selenium fish tissue sampling on your project for any reason feel free to Contact us or request a quote today. Our fish tissue collection team strives to be cost effective and project oriented to ensure our clients receive the attention they need for each project. We will get your samples collected and analyzed in a timely and cost effective manner. See additional services here.
KY Stream Restoration
Stream restoration design and monitoring at this site in Whitley County, Kentucky has resulted in an increase in aquatic resources across the watershed. Macroinvertebrate communities have been re-established and the riparian zones have been replanted with trees and shrubs that are native the Kentucky. The stream channels were also reshaped to provide the channel access to a flood plain and reduce incision. Contact us or request a quote today. See additional services here.
Benthic Macroinvertebrate Surveys
Benthic macroinvertebrate surveys and analysis is provided by our team of aquatic entomologists and biologists. Biological Systems Consultants’ macroinvertebrate survey team is equipped to take on all of your aquatic survey needs. Our staff is fully permitted and qualified to conduct surveys for the. If you have any questions about your biological monitoring compliance needs or programs, please give us a call and we will be happy to walk you through the process and take care of all your benthic macroinvertebrate survey needs. Contact us or request a quote today. See additional services here.
Kentucky Bat Survey
During this bat survey for a planned resource extraction site (surface and underground highwall/auger coal mining) mist net and acoustic sampling was employed. Prior to sampling a summer and winter habitat assessment was performed to identify the amount of and potential for habitat presence. The Kentucky Bat Survey (Whitley County) was performed on an approximately 120 acre tract of land was surveyed and clearance was recommended due to no captures of Threatened or Endangered species. Biological Systems Consultants’ bat survey team is equipped to take on all of your bat survey needs. Our staff is fully permitted and qualified to conduct surveys for the endangered Indiana Bat (Myotis sodalis), threatened Northern Long Eared Bat (Myotis septentrionalis), and endangered Gray Bat (Myotis grisescens) throughout much of their range, and has extensive experience with habitat assessments, summer and fall mist-net surveys and mine portal surveys, and acoustic monitoring and analysis. If you have any questions about your Section 7 ESA compliance or the new 4(d) rule issued for the Northern Long Eared bat, or have been requested to address bats on your project for any reason, please give us a call and we will be happy to walk you through the process and take care of all your bat survey needs. Contact us or request a quote today. See additional services here or read more about this topic here.
Northern Long-eared Bat Facts: According to the USFWS website the following paragraphs describe potential summer and winter habitat for this species:
Winter Habitat: Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. Within hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and ears visible.
Summer Habitat: During the summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees). Males and non-reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds.
Bat Acoustic Monitoring and Analysis
Biological Systems Consultants’ bat survey team is equipped to take on all of your bat survey needs. Our staff is fully permitted and qualified to conduct surveys for the endangered Indiana Bat (Myotis sodalis), threatened Northern Long Eared Bat (Myotis septentrionalis), and endangered Gray Bat (Myotis grisescens) throughout much of their range, and has extensive experience with habitat assessments, summer and fall mist-net surveys and mine portal surveys, and acoustic monitoring and analysis. If you have any questions about your Section 7 ESA compliance or the new 4(d) rule issued for the Northern Long Eared bat, or have been requested to address bats on your project for any reason, please give us a call and we will be happy to walk you through the process and take care of all your bat survey needs. Contact us or request a quote today.
Bat Mist Net Survey
Biological Systems Consultants’ bat survey team is equipped to take on all of your bat survey needs. Our staff is fully permitted and qualified to conduct surveys for the endangered Indiana Bat (Myotis sodalis), threatened Northern Long Eared Bat (Myotis septentrionalis), and endangered Gray Bat (Myotis grisescens) throughout much of their range, and has extensive experience with habitat assessments, summer and fall mist-net surveys and mine portal surveys, and acoustic monitoring and analysis. If you have any questions about your Section 7 ESA compliance or the new 4(d) rule issued for the Northern Long Eared bat, or have been requested to address bats on your project for any reason, please give us a call and we will be happy to walk you through the process and take care of all your bat survey needs. Contact us or request a quote today.
KY Bat Survey
Biological Systems Consultants’ bat survey team is equipped to take on all of your bat survey needs. Our staff is fully permitted and qualified to conduct surveys for the endangered Indiana Bat (Myotis sodalis), threatened Northern Long Eared Bat (Myotis septentrionalis), and endangered Gray Bat (Myotis grisescens) throughout much of their range, and has extensive experience with habitat assessments, summer and fall mist-net surveys and mine portal surveys, and acoustic monitoring and analysis. If you have any questions about your Section 7 ESA compliance or the new 4(d) rule issued for the Northern Long Eared bat, or have been requested to address bats on your project for any reason, please give us a call and we will be happy to walk you through the process and take care of all your bat survey needs. Contact us or request a quote today.
KY Mitigation Compliance
Section 404 Clean Water Act Mitigation compliance documentation can be very difficult due to the complexity and detail of many permit conditions. Biological Systems Consultants specializes in regulatory compliance assistance and has been monitoring sites in multiple states for many years. Achievement of mitigation goals and objectives for stream restoration, stream enhancement, stream creation, and stream preservation projects has been our goal for years, with the final goal always being release of liability from the monitoring program. Biological Systems Consultants has been able to achieve these goals for their clients. Biological Systems Consultants’ stream mitigation compliance team is equipped to take on all of your mitigation compliance needs (baseline studies, during, post). Our staff is fully permitted and qualified to conduct stream and wetland mitigation surveys and has extensive experience with various habitat assessment protocols. If you have any questions about your Section 404, 401 or other mitigation compliance Contact us or request a quote today.
Drone construction monitoring provides current aerial data (images, video, etc) for your construction site. Allowing for better decision making and compliance with regulatory permits. We can help provide real-time digital data from your site allowing for better decision making and monitoring of sensitive sites.
Mitigation monitoring compliance has become a very high priority for many government agencies, in particular, the U.S. Army Corps of Engineers. We monitor thousands of feet of stream and acres of wetlands each year and have achieved the ultimate goal of receiving a letter from the appropriate regulating agencies, indicating compliance with all mitigation monitoring conditions and the release of liability. We strive to provide our clients with cost-effective monitoring services and now our EcoDrones can provide better quality data for the agencies to review and place in their files. Request a quote today for mitigation monitoring services for your sites or contact us.
Order: Ephemeroptera
Family: Ephemeridae
Genus: Ephemera
Total Number of Species: 6 (1 recently extinct)
Habitat: Lotic & Lentic Systems – Depositional Areas, consisting of sand and gravel
Habit: Burrowers
Trophic Relationships: Collectors; Predators; Filterers
North American Distribution: Widespread
Specimen taken from an aquatic macroinvertebrate sample conducted in Bell County, Kentucky during baseline studies for an individual KPDES/NPDES permit.
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Reference
Merritt, R. W., K. W. Cummins, and M. B. Berg (eds). 2008. An Introduction to the Aquatic Insects of North America (4th ed.). Kendall/Hunt Publ. Co., Dubuque, IA 1158 pp
Ecological surveys such as fish census or stream habitat assessments are necessary to provide data for assessing the current conditions of an ecosystem. A fish census provides a snapshot into the populations (i.e. diversity) of fish species within a segment of stream. A stream habitat assessment can provide insights into the current habitat conditions of epifaunal substrates, re-oxygenation zones, and embeddedness of the stream bottom. Using quantitative metrics these assessments can provide one time or on-going monitoring of these aquatic resources. Biological Systems Consultants’ team of scientists are familiar with various state protocols and routinely perform these types of assessments.
Habitat restoration is an important tool for addressing a broad range of environmental challenges including providing permits for mitigation for streams using constructed wetlands. The BSC approach incorporates cost-effective design and build projects for the long-term management of natural resources by employing collaboration across experts from different fields ranging from biologists and ecologists to archaeologists. The site pictured below is currently in the early stages of restoration and are trending toward success thanks to some mitigation efforts and mother nature. Pictured below are restored stream channels, which are providing the revival of biological, chemical, and physical functions. Many macroinvertebrate and fish species have been observed throughout the sites; a great indication of restored habitat. Our experience covers a wide range of project development, from design to construction supervision and monitoring. BSC is also well trained to communicate with multiple regulatory agencies at the state, local, and federal levels. Our team has years of experience successfully negotiating agreements on restoration and permitting issues.
While in the field last week, we spotted a family of bears! These black bears must have smelled our presence and came to explore. The American black bear (Ursus americanus), is very common and widely distributed. They are a very intelligent and curious species, and feed mainly on berries, nuts, grasses, carrion, and insects. While caution should always be taken, black bears rarely attack humans; in fact most injuries only occur from people trying to feed, touch, or crowd them.
These sites in Harlan County, Kentucky which have been reclaimed, now provide prime habitat and foraging sites for these bears, and other wildlife.
The Blackside Dace is olive green in color with black specks, a silver or red underside, and a single black stripe along its sides. During the breeding season, the male’s stripe becomes a deeper black, the red becomes brighter, and the fins turn a vibrant yellow. In the second and last pictures, the dace are actually using the nests of a different species (the Creek Chub) for spawning.
