Oak Orchard Watershed State Of The Basin Report

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Oak Orchard WatershedState of the Basin ReportPrepared forOak Orchard Watershed Protection AlliancePrepared bySUNY Brockport Consulting TeamJames Zollweg (report compilation, GIS)Mark Noll, Ted Lewis (water quality)Paul Richards (hydrology)Scott Wells (fish survey)Emily KridelDecember 2005Funded by Finger Lakes-Lake Ontario Watershed Protection Alliance (FL-LOWPA)Sponsored by Genesee and Orleans County Soil and Water Conservation Districts

Table of ContentsI.Introduction .4a. Purpose .4b. Background .4c. Historical Events Impacting the Oak Orchard Watershed.6d. Water Quality and Quantity Goals .17e. Previous Studies .17f. Relationships to International, Federal, State, and Other Local Programs .201. International Joint Commission (IJC) .202. Great Lakes Commission .213. U.S. Department of Homeland Security.224. U.S. Environmental Protection Agency .225. Natural Resources Conservation Service (U.S. Dept. of Agriculture).246. U.S. Army Corps of Engineers (U.S. Dept. of Defense).247. U.S. Department of the Interior.268. Federal Energy Regulatory Commission (FERC).279. The Seaway Trail – National Scenic Byway.2910. NYS Department of State.2911. NYS Department of Environmental Conservation.3012. NYS Department of Agriculture .3813. NYS Thruway Authority.3814. NYS Office of Parks, Recreation and Historic Preservation .3915. Cornell Cooperative Extension .4016. Finger Lakes/Lake Ontario Watershed Protection Alliance (FL/LOWPA).4017. Genesee/Finger Lakes Regional Planning Council (G/FLRPC) .4018. Genesee Transportation Council .4119. New York Sea Grant .4120. The Trust for Public Land (TPL) .4221. The Nature Conservancy.4222. Water Education Collaborative .4323. Water Quality Coordinating Committees (WQCCs) .4324. Soil and Water Conservation Districts .4325. County Health Departments .4426. Town of Carlton – example of “Home Rule” Principle .4527. Oak Orchard Small Watershed Protection District .45g. State of the Basin Report Stakeholders .46h. Public Involvement in Report Preparation; Contributors.48II. Geographical Description of the Watershed .56a. Geology .56b. Location of Oak Orchard River and Tributaries .57c. Size and Boundaries of Watershed and Sub-watersheds.58d. Floodplains .59e. Federal Wetlands .59f. State Wetlands .59g. Soils.60h. Topography, Slope and Aspect .612

i. Aquifers.61j. Land Cover.62k. Mineral Resources.62l. Climate .63m. Demographics .64III.Biological/Natural Resources Description of the Watershed.65a. Description of the Basin .65b. Critical Habitats of the Basin and the Species That Use Them.67c. Overall Trends and Threats in the Southwest Lake Ontario Basin .69d. Goals and Objectives.74e. Fishery Assessment of the Oak Orchard Watershed .75IV.Uses of Land.78a. Land Uses .78b. Erie Canal .86c. Land Transportation .87d. Scenic Resources.91e. Land Use Trends.91f. Governmental Policies and Regulation of Land Use .92V. Uses of Water .93VI.Water Quality .94a. Previous studies .94b. Snap Shot Study – June 21, 2005.98c. Water Discharge Management .103VII. Water Quantity .106a. Hydrologic Assessment of Tributaries in Oak Orchard Watershed .106b. Catchment characteristics of Oak Orchard Tributaries related to Flow.106c. Flow volumes from design storms and hydrologic response time .107d. Phosphorous Loads .109e. Phosphorous Transport Paths .110f. Potentials, Limitations, Recommendations : Hydrologic Modeling.110VIII. Tourism .113IX.Recreation/Education .114a. Recreational & Business Opportunities.114b. Educational Opportunities.115X. Summary of Problems/Threats and Opportunities .121a. Water Quality Problems/Threats and Opportunities .121b. Data Gaps .123c. Opportunities .1233

I. Introductiona. PurposeThis State of the Basin Report will be comprised of an evaluation of the Oak OrchardWatershed, which will: Characterize the watershed with regard to its unique features, such as itsgeographical setting, topography, geology, biology, land uses, and water qualitySummarize existing scientific dataIdentify research needed to pinpoint factors that may impact water qualityIdentify remediation and prevention strategies for existing problemsIdentify resources of value within the watershedAddress existing problems and identify possible opportunities to enhance thewatershedIt is intended that the State of the Basin Report be followed by an Oak Orchard WatershedPlan that will propose methods for improving water quality in the watershed and to ensureits long-term health and the sustainability of its resources. The State of the Basin Report willbe the first chapter of an Oak Orchard Watershed Management Plan.b. Background1. The scope of the watershedThe Oak Orchard Watershed is located both in Genesee and Orleans County. Thewatershed is approximately 173,975 acres in size and its waters discharge directly intoLake Ontario. For more information, refer to sections IIb and IIc.2. Importance of the watershedThe Oak Orchard Watershed is a valuable resource shared by Orleans and GeneseeCounty. Oak Orchard River is the largest stream in Orleans County, and is one of aboutten major tributaries in the Great Lakes Plain ecological region of New York.1 Themouth of the Oak Orchard River (Point Breeze) is utilized by recreational boaters,charter boats, and fishermen. Surrounding land uses include seasonal and residentialhomes and a number of small commercial businesses that cater to fishermen, boaters,golfers and other tourist related activities. The Oak Orchard River powers twohydroelectric dams that create Lake Alice (sometimes referred to as Waterport Pond)and Glenwood Lake Reservoirs. The Oak Orchard Gorge adjacent to the Medina CanalBasin receives water from a penstock of a third hydroelectric facility, served by areservoir connected to the canal. The New York State Barge Canal (Erie Canal) feedseight tributaries of the Oak Orchard River. At the southern border of Orleans County,the Oak Orchard River becomes a haven for migrating and resident birds and mammalspecies due to the special management areas such as the 10,818 acre Iroquois NationalWildlife Refuge (United States Fish and Wildlife Service) and 2,500 acre Oak Orchard1DOS Coastal Fish and Wildlife Habitat Rating Form.4

Wildlife Management Area (New York State Department of EnvironmentalConservation). The Oak Orchard River serves as the main outlet channel for waters thatflow from the unique muckland soil area located in the upper watershed, which are highvalue vegetable production areas. The importance of this fertile land is signified by thecreation of the Oak Orchard Small Watershed Protection District. Both Orleans andGenesee County Soil and Water Conservation Districts serve as voting members of theadministrative board. The board’s primary concern is drainage while stabilizing muckcanal banks and reducing erosion.3. Potential risks to water qualityDue to its large size and diversity of land uses (i.e., residential, commercial, agriculture),the Oak Orchard Watershed is more susceptible to pollutant related problems than othersmaller basins. It is well documented that stormwater, septic system leachate, andagricultural practices contribute to nonpoint source pollution and water qualityimpairments from sediment and nutrients. The watershed is also located between twolarge metropolitan areas, Rochester and Buffalo, and development pressure is steadily onthe rise. Currently, existing systems designed to divert and treat storm and wastewaterare outdated, and poorly maintained. Furthermore, while efforts to improve stormwaterinfrastructure are underway in some locations, such efforts are sporadic and ratherlimited in scope. The negative water quality impacts caused by these deficiencies willincrease dramatically as populations and development continue to increase, unlessimmediate action is taken.4. Initiation of planning for the Oak Orchard WatershedThe Oak Orchard Watershed Protection Alliance was established in August of 2004 toguide the development of the State of the Basin Report for the Oak Orchard Watershed.This multi-county effort is being sponsored by the Orleans and Genesee County Soil andWater Conservation Districts. This watershed level planning effort is the first of its kindin Orleans County, while Genesee County Soil and Water Conservation District hasrecently completed two of these types of planning efforts (Black Creek Watershed andOatka Creek Watershed State of the Basin Reports). Improved communication betweenprivate citizens, local municipalities, and county, state and federal government agencieswithin the watershed is a primary goal of the Alliance. This improved/new dialogue willallow for a more comprehensive understanding of the current water uses, future needs,and the necessary steps to enhance the resources within the watershed.5. Collaboration and building partnerships within the watershedOne primary goal of the Oak Orchard Watershed Protection Alliance is to encourageparticipation and input from all of the stakeholders in the Oak Orchard Watershed. TheOak Orchard Watershed Protection Alliance has worked to encourage participation froma variety of organizations and individuals in the watershed, including: the Oak OrchardSmall Watershed Protection Board (made up of agricultural producers), staff at the OakOrchard Wildlife Management Area (NYS DEC), staff at the Iroquois National WildlifeRefuge (US Fish and Wildlife Service), municipal organizations, local business ownersand residents from across the region. In addition, this is a multi-county effort betweenOrleans and Genesee County, bringing together individuals that would not typicallywork with each other due to town and/or county administrative barriers. The formation5

of the watershed protection alliance began the process of bringing stakeholders togetherto formulate ideas on how to manage the watershed while protecting it at the same time.6. Potential benefits (environmental, economic, social or institutional)This effort is the first of its kind in Orleans County to examine natural resource issues atthe watershed level as opposed to a village, town or county basis. Improvedcommunication between private citizens, local municipalities, and county, state andfederal government agencies within the watershed will allow a more comprehensiveunderstanding of the current water uses and future needs. This collaborative effort willeducate each stakeholder on how they are affecting the water resource and what they cando to enhance the resource. Ultimately, knowledge is power. The effective managementand conservation of a resource as dynamic and diverse as the Oak Orchard Watershedwill require proactive thought and action by its leaders and inhabitants. The benefit ofthe Genesee County Soil and Water Conservation Districts’s prior experience withwatershed collaboration will be a great help in this planning effort. They will be able toshare their knowledge in the formation and direction of this watershed alliance. Thewatershed alliance is the first phase of a multi-phased watershed project that will benefitthe watershed community as a whole. Another benefit of collaboration and buildingpartnerships within the watershed is the ability to share information and work oncommon goals and objectives. For example, the Orleans County Water QualityCoordinating Committee has water quality data from watershed monitoring and streamsegment analysis. The Iroquois National Wildlife Refuge has water control structuresthat guide water levels for designated wetland areas. These water control structurescontrol the flow of the Oak Orchard River at the border of Orleans and Genesee County.The Refuge has historic flow and rainfall data that can be combined with segmentanalysis and watershed monitoring information from the same sampling dates andcorrelations and conclusions may be drawn regarding the combinations of the two sets ofdata. This report will inventory assets and assess problems that the watershed is facing,which will be the first “stepping stone” to a watershed-wide plan.7. Funding and administrative supportFunding for the State of the Basin Report was made possible through a Finger Lakes Lake Ontario Watershed Protection Alliance (FL-LOWPA) Special Projects Fund grant.The Water Resources Board (governing body of FL-LOWPA) administers thecompetitive Special Projects Fund to encourage multi-county collaboration andwatershed-based programming. Many other organizations and individuals are alsoproviding in-kind support for the development of this project.c. Historical Events Impacting the Oak Orchard Watershed“Eventually, all things merge into one, and a river runs through it.”Norman MacleanWater has been instrumental in developing our communities. Our towns and villagesgrew next to the mills. The streams provided us with food and took away our waste.6

Potable water was important to sustain life as well as to make whiskey on the Ridge.Ancillary information, such as historical buildings and sites along these waterways, willhave to wait for another phase of this study.1. Geological HistoryGlacial Lake Iroquois: The Oak Orchard Watershed was once covered by the glacialLake Iroquois. Lake Iroquois was a prehistoric proglacial lake that existed at the end ofthe last ice age approximately 13,000 years ago. The lake was essentially anenlargement of the present Lake Ontario that formed because the St. Lawrence Riverdownstream from the lake was blocked by the ice sheet near the present ThousandIslands. The level of the lake was approximately 100 ft (30 m) above the present levelof Lake Ontario. The lake drained to the southeast, through a channel passing nearpresent day Rome, New York. The channel then followed the valley of the MohawkRiver to the Hudson River. http://www.lostrivers.ca/points/Lake Iroquois.htmGlacial Lake Tonawanda: Glacial Lake Tonawanda was a prehistoric lake that existedapproximately 10,000 years ago at the end of the last ice age, in Western New York.The lake existed on the southern (upper) side of the Niagara Escarpment east of thepresent course of the Niagara River between Early Lake Erie to the south and GlacialLake Iroquois (the ancestor of Lake Ontario) to the north. During the retreat of theglaciers, the water levels of the Great Lake were higher. Lake Tonawanda was createdand fed by the elevated waters of Lake Erie. Lake Tonawanda itself was drained intoLake Ontario by a series of falls over the escarpment, including one at present dayLockport, New York. The lake evaporated when the waters of Lake Erie dropped belowthe level of the feeder streams to the lake. Subsequently Lake Erie drained over theescarpment entirely through Niagara Falls, which marks roughly the western terminus ofthe former lake bed. The remains of the previous falls, which rivaled Niagara Falls ingrandeur, can be seen along the escarpment. The Tonawanda, Alabama and Oak OrchardRiver Swamps are within the lakebed of Glacial Lake Tonawanda.http://www.lostrivers.ca/points/Lake Iroquois.htm2. Early Occupation of the AreaBefore recorded history, the Hopewellian "mound builders" lived in the region nowknown as Genesee County. We know little of these prehistoric people, except e earliest known occupants of the Niagara Region of Western New York were a largeand powerful tribe of Indians known variously as the "Kahquahs," and the "Attiwondaronks," or the "Neuter Nation." In the 14th Century, the Neuter Indians occupied FortNeuter (West of the Town of Shelby). A peaceful nation, they lived in villages on bothsides of the Niagara River and as far east as the territory of present day Orleans County.Neighboring tribes included the Erie, Algonquin, and Huron, and the five nations whichthen comprised the Iroquois Confederacy.The Seneca (Keepers of the Western Door) are one of the original members of the "FiveNations" of the Iroquois Confederacy. The other members are the Mohawk, Oneida,7

Onondaga, and Cayuga. About 1715, the Iroquois Confederacy adopted the sixth nation,the Tuscarora, after they were forced out of North Carolina. During this early period theIroquois freely roamed from New England to the Mississippi River and as far south asTennessee.By the mid-1700’s, their main territory was New tmIn 1932-1933, Charles Wyman Palmer excavated an ancient mound built by theAlgonquian Indians of the second period or the polished Stone Age, on the bank of whatis known today as Oak Orchard River, Northeast of Waterport, New York.Also, before the construction of the boat launch on the western edge of the Oak OrchardRiver at Point Breeze, there was a major excavation by NYS agencies of a significantIroquois fishing camp.A large Iroquois village and small campsites have been identified near Oakfield.Early European Visits to the Area: According to Crisfield Johnson's Centennial History ofErie County, published in 1876, three French Catholic Missionaries were the firstEuropeans to visit the region. The French Catholic Missionaries came from Frenchsettlements in Canada. The visit occurred around 1620, the year of the Mayflower landingin Massachusetts. st1.htm During thesecond half of the 1600’s, various European adventurers visited the area and even erectedseveral forts, but no permanent white settlements were established.Holland Purchase and Pioneer Settlement: In the later part of the 1700's, bothMassachusetts and New York claimed Western New York. In 1786, an agreement gavegoverning rights to New York, while allowing Massachusetts to retain title. In 1791, RobertMorris purchased four million acres of land from Massachusetts. Morris then sold the land,with the largest parcel being sold to the Holland Land Company. The Holland LandCompany was comprised of six banking houses of Amsterdam. Before the territory couldbe opened for settlement, it was necessary to obtain land rights from the Senecas. TheSullivan-Clinton Expedition of 1779, followed by the Big Tree Treaty of 1797, served thispurpose. Land sold for about 2.00 per acre and partial payment could be made by workingon road or mill construction. Many immigrants and New Englanders took advantage of theopportunity offered, clearing, settling, and developing the region that is now called GeneseeCounty. In 1802, Joseph Ellicott established the Holland Land Office in Batavia, New Yorktaking the Seneca word meaning "Beautiful Valley". Also in 1802, Genesee Countyseceded from Ontario County. On November 11, 1824, Orleans County was created afterbeing a part of the large Genesee County (the whole of Western New York). In 1835, theHolland Land Company sold all the remaining lands to the new company composed chieflyof citizens of Batavia. http://www.hollandlandoffice.com/history.htmFirst European Settlers: Some of the first settlers of this territory north of TonawandaSwamp came from Canada, in boats across Lake Ontario. Others from New Englandand the East came by boats along the south shore of the lake. For example, as noted inthe Democrat and Chronicle story dated June-25-2004), “in 1804, Bathshua Brown, herhusband, and 12 children traveled by boat from Sodus, Wayne County, to a newly8

purchased 100-acre plot so thicketed with trees that the area was known as the “BlackNorth Woods.” The farm is located just up from the mouth of Oak Orchard Creek. Thefarm Orchard Dale Fruit Farms/Brown’s Berry Patch recently celebrated their 200thyear in operation”.Those who came in on foot, or with teams, usually crossed the Genesee River atRochester, and then took the Ridge Road West. The Ridge was used as a highway eversince white men traversed the county and was a favorite of local Indians. Crossingstreams and creeks along the Ridge was difficult because bridges had not been built atthis time.The Oak Orchard River was named for the beautiful oak trees, which grew along itsbanks, as seen by the first discoverers. In its natural state Orleans County was thicklycovered with trees. On the dry hard land, the prevailing varieties of timber were beech;maple; white, red, and black oak; white wood or tulip trees; basswood; elm; hickory; andhemlock. Swamps and low wet lands were covered with black ash; tamarack; white andyellow cedar; soft maple; and large sycamore or cotton ball trees. Some pine grew alongthe Oak Orchard River and in the swamps in Barre, New York. A few chestnut treesgrew along the Ridge in Ridgeway, New York and in other places north of the Ridge. Ithas been estimated by the first settlers, that from seventy-five to one hundred cords ofwood of 128 feet each, stood on each acre of land on an average over the county.Fish were plenty in the streams, coming up from Lake Ontario in great numbers. In highwater, salmon would run up the Oak Orchard River into the tributaries. Large tracts oflow land and marshland are now cultivated to grass and grain. These areas were too wetto grow trees because of the occasional beavers that would dam the area causingflooding of the land and destroying the timber. As the beaver were hunted anddestroyed, the dams were opened or wore away with the ponds in time becomingcultivated fields.During this time (about 200 years ago), it was a swampy wilderness where “Indianscame only for hunting and fishing.” The Indians knew this area as the “sick country”and early settlers were plagued by fever and ague (alternating periods of chills, fever,and sweating).Soon after clearing began to be made in the forest, peach trees were planted and grewluxuriantly, which ripened the choicest fruit, in great abundance. The peach crop wasnever a failure. In addition, apricots and nectarines were grown successfully. Thecultivation of apples received early attention, and some orchards, now in full health andbearing, are almost as old as the first settlement.For many years before and after the opening of the Erie Canal, wheat was the greatobject of cultivation among the farmers. Between 1830 and 1840, the quantity of wheatraised and exported yearly from Orleans County was immense.The Pioneer History of Orleans County, New York, By Arad Thomas; Transcribed byHolice B. Young, HTML by Deb, January 2002, Online Edition by Holice & Debhttp://www.usgennet.org/usa/ny/state/orl/9

3. The Erie CanalOn July 4, 1817, the work in digging the Erie Canal began on the middle section nearUtica, New York. In November 1825, a fleet of boats from Buffalo passed the entirelength of the Erie Canal, carrying passengers to the Grand Canal Celebration in NewYork, New York.Before the Erie Canal: Although the soil was fertile and productive, and yieldedabundant crops to reward the toil of the farmer, its inland location and great difficulty oftransporting produce to market rendered it of little value at home. Settlers, who hadlocated here, in many instances, had become discouraged. Others, who desired toimmigrate to Genesee County, were kept back by the gloomy accounts they got of life inthe wilderness, with little prospect of easy communication with the old Eastern States tocheer the hope.After the Canal Opened: As soon as the Canal became navigable, Albion, Knowlesville,and Medina - villages on its banks - were built up. New settlers took up and cleared allof the unoccupied lands. New speculators came here and bought large tracts of land andleft them wild, to rise on the market. The lumber of the count

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