EXAMPLE 2 - EXPANDED CONSULTATION

ESSENTIAL FISH HABITAT ASSESSMENT

FOR THE

CHAMPION INTERNATIONAL CORPORATION

BUCKSPORT ENERGY PROJECT

PROPOSED MODIFICATION

TO THE

EXISTING THERMAL DISCHARGE

BUCKSPORT, MAINE

Submitted To:

Mr. Dave Cochrane

U.S. Environmental Protection Agency

One Congress Street, Suite 1100

Boston, MA 02114

Mr. Lou Chiarella

Habitat Conservation

National Marine Fisheries Service

One Blackburn Drive

Gloucester, MA 01930

Submitted By:

Lauren T. Stockwell

Botanist/Wetland Scientist

ECO-ANALYSTS, INC.

P.O. Box 224

Bath, Maine 04530

(207) 443-2629

eco@gwi.net

September 27, 1999

APPLICANT: Champion International Corporation Bucksport Mill

LOCATION: Bucksport, Maine

ACTIVITY: Champion International Corporation is developing a 175 megawatt natural gas turbine generator and heat recovery steam generator at its Bucksport facility. In conjunction with the project Champion International Corp. has been granted a license modification to its DEP Waste Discharge License, #W000598-44-E-R, for an increase in flow and temperature limitations for the non-contact cooling water outfall #003. Champion has also submitted a NPDES permit modification request for permit # ME0002160. As part of this process Champion is submitting by way of this document, an Essential Fish Habitat Assessment as required by the Magnuson-Stevens Fishery Conservation and Management Act.

The proposed license changes are to increase permitted flows from 57.6 MGD to 72.0 MGD and to increase average monthly temperature from 85F (30C) to 90F (32C). Champion is also requesting an increase in daily maximum temperature from 90F (32C) to 95F (35C).

As part of the licensing process and included in both the state and federal applications, temperature dispersion modeling was conducted by Woodard and Curran using the Cornell Mixing Zone Expert System (CORMIX) software, version 3.20 (see Exhibit 20-Item C dated April 22, 1999).

The #003 discharge pipe to the estuary includes a multi-port diffuser located on the channel bottom approximately 17 m (56 ft) from the east bank of the Penobscot River, perpendicular to the direction of the ambient current. The diffuser's outlets consist of 10 ports which are equally spaced along a 27.4 m (90 ft) header pipe. Each discharge port extends approximately 0.6 m (2 ft.) above the channel bottom. The diffuser is positioned on an underwater slope so that it has 8 m (26 ft) of water above it near shore and 13 m (43 ft) farthest from shore at low tide. The effluent is heated water from non-contact cooling water associated with electrical generation from the number 3 steam driven turbine.

The density of the effluent assumes a salinity of 19‰, interpolated between a surface salinity of 18 ‰ and a bottom salinity of 22 ‰ (Woodard and Curran, 1999). When heated, the density of the saline cooling water effluent will be less than that of the discharge environment and would be expected to be positively buoyant and rise toward the surface. For analyzing the Future Condition, an effluent temperature of 32.2C (90F) was used along with a summer water temperature of 17.2C (63F) and a winter temperature of 2.5C (36.5F). The proposed change to #003 discharge into the Penobscot Bay increases the flow rate from 2.525 to 3.155 m³/s (57.6 to 72 MGD) and increases the monthly mean temperature of the discharge up to 2.8C (5F).

Based on the Cormix modeling conducted in April 1999, The Maine DEP has concluded that the thermal discharge plume will have an insignificant change to the existing plume since the change is small in terms of its extent and temperature increase over ambient. The modeling of the temperature dispersion demonstrates compliance with Maine Department of Environmental Protection (DEP) Regulations (Chapters 581) in relation to water quality and temperature. The point of compliance for the allowable rise in temperature typically occurs within 20 meters or less from the diffuser and is well within the 15-minute time of travel applied when evaluating the maximum exposure time for swimming or drifting organisms. The maximum plume occupation is about 8 % of the channel at the lowest ambient velocities and diminishes to less than 1% with increased velocity, easily meeting the requirement that 3/4 of the cross section area be maintained for swimming and drifting organisms (Woodard and Curran, 1999). At the mill site, the river is between 1200 and 1400 feet wide (Chas.T.Main, 1986). Maximum depth of the Penobscot River in the project area is 77 feet and the tidal range is 11 feet.

The intake was designed to prevent entrapment. Best available technology for minimizing adverse environmental impacts focuses upon location, design, construction, and capacity. Water intakes impact biotic communities by two general mechanisms: entrainment (passage of organisms through the intake structure resulting in injury or death) and/or impingement (organisms trapped on screening resulting in injury or death). The following is an overview of the intake design from the Chas. T. Main (1986) report.

The wedge wire intake screen is designed to minimize entrainment by having bypass flow velocities be greater than through slot velocities. For entrainment to occur with the present intake, the organism would have to be < 3 mm. and pass close to the screen face to be entrained. The intake draws only a small percentage of the source water (<1% and arguably < 0.1%) and thus would have a negligible impact on river fauna.

The intake screen was designed to eliminate or minimize impingement. The screen was designed to have through slot velocities no greater than 0.5 feet per second (fps). That precludes or minimizes any impingement of juvenile or adult fishes.

EFH DESIGNATIONS: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act and the 1996 Sustainable Fisheries Act, an Essential Fish Habitat (EFH) consultation is necessary for this project. In a FAX dated August 30, 1999 from Lou Chiarella of the National Marine Fisheries Service (NMFS) stated that the Penobscot River has been designated as EFH for species of fish including Atlantic salmon (Salmo salar), Atlantic cod (Gadus morhua), pollock (Pollachius virens), whiting (Merluccius bilinearis), red hake (Urophycis chuss), white hake (Urophycis tenuis), winter flounder (Pleuronectes americanus), yellowtail flounder (Pleuronectes ferruginea), windowpane flounder (Scophthalmus aquosus), American plaice (Hippoglossoides platessoides), ocean pout (Macrozoarces americanus), Atlantic sea scallop (Placopecten magellanicus), Atlantic sea herring (Clupea harengus), bluefish (Potatomus saltatrix), Atlantic mackerel (Scomber scombrus) and bluefin tuna (Thunnus thynnus). It is also designated as a Habitat Area of Particular Concern (HAPC) for Atlantic salmon.

ASSESSMENT: Eco-Analysts, Inc. dove at this site on September 13, 1999 to characterize the habitat. Two (2) dives were made to a depth of 47 feet in the vicinity of the diffuser pipe at slack high tide. The first dive was for 25 minutes and the second dive for 10 minutes. Substrate of habitat features and species encountered were noted. Visibility was about 1 foot with suspended particles ( see Photograph One.). The substrate is boulder and cracked ledge. They are covered with blue mussels (Mytilus edulis) (see Photograph Two.) and common barnacles (Semibalanus balanoides) were present. Rock crab (Cancer irroratus) are also common. Small wood chips and sawdust from historical industrial use of the Penobscot River is abundant in the water column, and is suspended with the tides. Schools of small fish were observed on the date of sampling. These were either blueback herring, alewife, or Atlantic menhaden. Schools of what are believed to be small bluefish were feeding on these fish.

The site has brackish waters. Woodard and Curran used 18 ‰ for surface water salinity and 22 ‰ for bottom salinity for their modeling. These figures are within the ranges (2 ‰ to 25 ‰) reported by Chas. T. Main, Inc. (1986) using summer data from University of Maine and the Maine Department of Environmental Protection. It is also within the range measured in November by William Ellis, Asst. Professor of Ocean studies at Maine Maritime Academy: surface water salinity ranged from 14 to 19 ‰ and bottom water salinity ranged from 21 to 30 ‰ depending tidal height (pers. comm). Normandeau Associates (1991) measured salinities between 0 and 16.4 ‰ on ebb tides and 2.1 to 22.9 ‰ on flood tides just upstream of this site. These salinities generally meet the NMFS definition of mixing water/brackish salinity zone from 0.5 to 25 ‰.

According to Lou Flagg, Deputy Commissioner of the Department of Marine Resources, the area has no commercially important finfish species. Nearby, there are small fisheries for rainbow smelt and alewife. There are tomcod in the system, but no market for the species. Short-nose sturgeon are not found in the area and Atlantic sturgeon are occasionally taken incidentally. There are no EFH designations within the northeast region for these species. Atlantic salmon move through this area on their migrations to and from spawning sites.

Atlantic Salmon

For the Penobscot Bay estuary, the mixing zone is EFH for juvenile and adult Atlantic salmon. The river is also designated as Habitat Area of Particular Concern (HAPC) for this species. Atlantic salmon is an anadromous species living mostly in salt waters, but returning to fresh water to spawn. Oceanic adult fish are pelagic and range throughout the Gulf of Maine. The Penobscot River is one of the few remaining rivers in Maine that still support native runs of Atlantic salmon. In addition, the Penobscot River is stocked with hatchery raised salmon fry.

When the adult fish return to freshwater, they are generally found in water temperatures below 22.8C and dissolved oxygen above 5 ppm (NMFS, 1999). Adult fish feed very little while in fresh waters. Spawning occurs in October to November in non-tidal freshwater portions of the river, typically upstream of this site. Eggs are laid in redds on sandy or gravelly bottom and hatch out in April and May. The larvae stay among gravel near the redds for about six (6) weeks during which time they are not thought to eat. The larvae become parr when the yolk sac is absorbed. Most parr in the Penobscot have been found to spend two (2) years swimming and feeding in fresh waters. Generally, parr are found in clean, well-oxygenated fresh waters with water temperatures below 25C, water depths between 10 cm and 61 cm and in waters with velocities between 30 and 92 cm per second (NMFS, 1999). They move downstream in spring when they average 12.70 cm to15.24 cm in length.

In the Penobscot, a few fish move downstream as early as March. Others move in April and May, but about two thirds move in June (Bigelow and Schroeder, 1953). Movement takes place with rain storms and during times of quiescent low water. Smolts spend time near the mouths of estuaries before making their way to the ocean. In the salt water, the fish feed voraciously on fish, shrimp and other crustaceans. After one (1) year at sea, the fish are referred to as grilse and average 16 inches in length.

This project is not expected to impact this species. Normandeau Associates (1991) did not collect Atlantic salmon in any of their sampling in the Penobscot River just upstream from this site. This sampling occurred monthly or bimonthly during 1990 to 1991 and included ichthyoplankton tows, beach seining, and otter trawl hauls. Undoubtably salmon pass this site to and from their spawning areas but this location does not have suitable substrates or salinities for spawning or rearing parr.

Smolts and adults are the most likely life stages to spend any time in the project vicinity. Thermal life history data does not exist for adult or smolts (Chas. T. Main, Inc., 1986). The river near the mill site is approximately 1200 to 1400 feet wide (Chas. T. Main, Inc., 1986) and the diffuser pipe 90 feet in length. Modeling indicates that plume occupation accounts for 8% of the river cross section area under worst case conditions and less than 1% as tidal velocities increase. Lou Flagg felt that with the enormous volume of water in the Penobscot River at this location, the project would not disrupt migratory passage or have a detrimental impact on Atlantic salmon (pers. comm).

Atlantic Cod

The Penobscot Bay estuary and embayment is designated as EFH for larvae, juvenile and adult Atlantic cod. The typical conditions where larval cod are found are at sea surface temperatures below 10C, depths from 30 to 70 meters and at a salinity range from 30 to 33 ‰ (NMFS, 1999). These are at a cooler temperature than summer conditions and at greater depths and salinities than found at this site.

Larval stages of species with pelagic eggs were generally absent from the Normandeau samples which agrees with findings in upper estuaries throughout the region. Generally, juvenile cod are found in areas with the following conditions: substrates of cobble or gravel, water temperatures below 10C, depths from 25 to 75 meters and a salinity range from 30 to 35 ‰ (NMFS, 1999), again at a depth and salinity greater than found at this site. Adults are found at water temperatures below 10C, depths from 10 to 150 meters at a wide range of oceanic salinities on bottom habitat of rocks, pebbles or gravel (NMFS, 1999). Cod frequent areas with Irish moss and other seaweeds where they forage (Bigelow and Schroeder, 1953).

Normandeau (1991) did not catch cod in any of their sampling. Although conditions do not preclude adult cod from this site, they are not expected to be common and the discharge plume is not expected to negatively impact them due to its small size.

Pollock

The Penobscot estuary is designated as EFH for juvenile pollock. The typical habitat for juveniles is on bottom habitats with aquatic vegetation or substrates of sand, mud or rocks with water temperatures below 18C, depths from 2 to 250 meters and salinities between 29 and 32 ‰ (NMFS, 1999). This is a greater salinity than is typical of this stretch of the river. Normandeau collected a limited number of juvenile and adult stages of pollock in their sampling just upstream of this site. The project is not expected to have a measurably impact on this species.

Whiting

EFH for whiting juveniles and adults includes the Penobscot estuary. Whiting or silver hake are strong swift swimmers, well armed, and extremely voracious. They feed on herring and most other smaller, schooling fish (Bigelow and Schroeder, 1953). Most whiting juveniles are found at water temperatures below 21C, at depths between 20 and 270 meters, and at salinities greater than 20 ‰ (NMFS, 1999), deeper than where the diffuser is located. Adults are found on all substrate types, in depths between 30 and 325 meters, and at water temperatures below 22C, again at greater depths than this site. Normandeau did not catch whiting in their sampling efforts. The project is not expected to have a measurably impact on this species.

Red Hake

The mixing zone of Penobscot Bay is identified as EFH for both juvenile and adults red hake. Neither life stage is likely to occur in the project area. Typical conditions for adults are at water temperatures below 12C, at water depths from 10 to 130 meters, and at a salinity range from 33 to 34 ‰. Typical conditions for juveniles are at temperatures below 16C, at depths less than 100 meters, and at a salinity range from 31 to 33 ‰ (NMFS, 1999). They prefer bottom habitats with a substrate of shell fragments, especially with an abundance of sea scallops. Small hake have a curious habit of hiding in living sea scallops (Bigelow and Schroeder, 1953). Hake (Urophycis sp.) were caught in otter trawls in August, only contributing 8% of the month's catch just up river by Normandeau. The project is not expected to have a measurably impact on this species.

White Hake

The mixing zone of Penobscot Bay is EFH for juvenile white hake. Generally, juveniles are found at depths from 5 to 325 meters on substrates with seagrass beds or mud or fine-grained sand. No impact on this species is expected from the project since the bottom habitat is boulder with blue mussels.

Winter Flounder

The Penobscot River within the mixing zone is designated as EFH for eggs, larvae, juveniles, adults, and spawning adults of winter flounder. This species comes into shoal coastal and estuarine waters during the summer month; in the winter they move out into deeper, warmer waters. Their preferred habitat is muddy sand with patches of eelgrass (Bigelow and Schroeder, 1953), a habitat not observed within the project area. The adults are typically found at depths between 1 and 100 meters, at water temperatures below 25C, and at salinities between 15 and 33 ‰ (NMFS, 1999). Normandeau caught winter flounder in their otter trawls on all sample dates with peak catches during November. These findings agree with studies they conducted for Sears Island and they conclude that winter flounder is the most common demersal species in Penobscot Bay.

Adults spawn in late winter through spring on substrates of sand, muddy sand, mud, and gravel typically in waters less than 6 meters deep, at water temperatures below 15C, and at salinities between 5.5 and 36 ‰ (NMFS, 1999). The eggs sink to the bottom. Both eggs and larvae are typically found in shallow waters at salinities between 10 and 30 ‰ and 4 and 30 ‰ respectively. Eggs of winter flounder were not found by Normandeau. The juveniles will utilize habitats from 0.1 to 50 meters, at water temperatures below 28C and at salinities between 5 and 33 ‰. Juveniles of this species were not collected by Normandeau in their nearshore sampling efforts. The project is not expected to have a measurably impact on this species.

Yellowtail Founder

Penobscot Bay in the seawater salinity zone is designated as EFH for the for yellowtail flounder eggs and larvae. The habitat conditions where most eggs and larvae are found are at a salinity of 32.4 to 33.5 ‰, higher than that found at this location. Since in Normandeau's study, cunner and tautog eggs were grouped with those of yellowtail flounder, it is not clear whether yellowtail flounder eggs were sampled. Eggs from this species group occurred at peak abundances during late summer but a lower densities than found in other estuaries in the Gulf of Maine (Normandeau, 1991). The project is not expected to have a measurably impact on this species.

Windowpane Flounder

The Penobscot River in the mixing zone is EFH for all life stages of windowpane flounder. This species is not common in the Gulf of Maine except locally, preferring warmer waters (Bigelow and Schroeder, 1953). Spawning generally takes place on fine substrates, at depths between 1 and 75 meters and salinities from 5.5 to 36 ‰. Eggs and larvae are found at depths less than 70 meters at water temperatures below 20C (NMFS, 1999). Juveniles and adults are found in shoal waters at depths between 1 and 100 meters, at salinities between 5.5 and 36 ‰ on mud or fine-grained sand bottom where they feed on shrimp and small invertebrates.

Pelagic eggs were collected by Normandeau (1991) during mid-spring and summer, corresponding with the timing of spawning. A few larval windowpane were sampled in ichthyoplankton tows by Normandeau, comprising less than 1% of the ebb and 3% of the flood tide spring and summer collections along with 10 other species. The project is not expected to have a measurably impact on this species.

American Plaice

The Penobscot River in the mixing zone is EFH for juvenile American plaice. Juveniles are found on gravel, sand, and mud bottoms typically between the depths of 45 and 150 meters, at water

temperatures below 17 C, and at a wide range of salinities (NMFS, 1999). Therefore, the proposed project is not expected to impact this species.

Ocean Pout

Penobscot Bay is designated as EFH for the seawater salinity zone for all life stages of ocean pout. All life stages are typically found where conditions are above 25 ‰ or higher (NMFS, 1999), higher than that typical of this site. Therefore, the proposed project is not expected to impact this species.

Atlantic Sea Scallop

Penobscot Bay is designated as EFH for the seawater salinity zone for all life stages of Atlantic sea scallop. Adults spawn on substrates of cobble, shells, coarse, gravelly sand, and sand at water temperatures below 16C, at depths from 18 to 110 meters (deeper than this project), and at salinities above 16.5 ‰ (NMFS, 1999). Eggs sink to the bottom and are generally thought to occur where water temperatures are below 17C (NMFS, 1999). Larvae are generally found on substrates of gravelly sand, shell fragments and pebbles, not the boulder habitat found at this site, at temperatures below 18C, and at salinities between 16.9 and 30 ‰ (NMFS, 1999). Juveniles and adults are typically found on cobble, shells and finer substrates, at water depths from 18 to 110 meters (NMFS, 1999), deeper than that impacted by this project. Due to the substrate and depth, this project is not expected to have a detrimental impact on sea scallops.

Atlantic Sea Herring

The mixing zone of the Penobscot River is EFH for larvae, juvenile and adult life stages of Atlantic sea herring. Herring is a fish of open waters, traveling in large schools and feeding on plankton (Bigelow and Schroeder, 1953). Conditions where larvae are typically found are at water depths from 50 to 90 meters at salinities around 32 ‰ (NMFS, 1999), not those found at this site. Juveniles and adults occur in schools in open water at depths from 15 to 135 meters and 20 to 130 meters and at salinities from 26 to 32 ‰ and above 28 ‰ respectively (NMFS, 1999) . A few pre-juvenile Atlantic herring were sampled by Normandeau, comprising less than 1% of the ebb and 3% of the flood tide spring and summer collections along with 10 other species.

Atlantic herring was the most abundant species caught by Normandeau in their nearshore seine hauls. All of the herring were caught in August and all were juveniles. Normandeau also collected a limited number of juvenile and adult stages of herring in their ichthyoplankton sampling just upstream of this site. The proposed project is not expected to have a negative impact on this species.

Bluefish

Bluefish are a warm water fish coming to Maine as seasonal migrants in the summer only. They are oceanic, found in large schools and feed voraciously on smaller fish. No eggs or larvae were found in the Penobscot River, but juveniles and adults can be common in the summer months of July, August, and September and rare in July and October (NMFS, 1999). They may periodically occur in the Penobscot River in the summer. Since adults and juvenile are mobile and strong swimmers, they are not expected to be impacted by this project.

Atlantic Mackerel

The Penobscot River estuary is designated as EFH for juvenile and adult Atlantic mackerel. These life stages are common from June through September and rare in October (NMFS, 1999). Mackerel are a swift-moving schooling fish. Generally juvenile and adult Atlantic mackerel are collected from shore to 1050 ft. Juveniles are mostly found at temperatures between 39 and 72F and adults between 39 an 61F (NMFS, 1999). The proposed project is not expected to have a negative impact on this species.

Bluefin Tuna

The Penobscot estuary is designated as EFH for adult bluefin tuna. This is the largest species of fish found within the Gulf of Maine, up to 14 feet in length and 1000 pounds or more. It is a strong, swift swimmer and oceanic wanderer. Tuna prey on small fish, especially those that school such as herring and mackerel. They tolerate a large range of salinities, moving up estuaries in pursuit of prey (Bigelow and Schroeder, 1953). They are such strong swimmers, that the thermal discharge plume should not present a barrier to passage of this species. The proposed project is not expected to have a negative impact on this species.

CONCLUSIONS: The area is not optimal habitat for the EFH species of the Penobscot Bay estuary due to unsuitable substrate, depth or salinity and the entrained wood debris in the water column. Juvenile and adult fish of species which might visit the area such as bluefish, herring, mackerel and tuna, are mobile and would be able to avoid the plume. Most species may already avoid this area due to the large amount of entrained wood debris. Eggs and larvae should not be harmed by the small increase in outflow temperature and volume.

Based on the design of the diffuser, the thermal discharge plume will have an insignificant change to the existing plume since the change is small in terms of its extent and temperature increase over ambient. CORMIX modeling demonstrates compliance with Maine's Chapter 582 temperature standard is achieved within 20 meters of the diffuser and within two minutes travel time. This should not have a detrimental impact on these species.

The maximum plume occupation is about 8 % of the channel at the lowest ambient velocities and diminishes to less than 1% with increased tidal velocity (Woodard and Curran 1999). Based on this information, the discharge would not be expected to impede migratory passage of Atlantic salmon to and from spawning sites.

Therefore potential adverse impacts to the species for which the Penobscot River estuary is designated as EFH is not expected to be significant.

REFERENCES

Bigelow, H.B. and W.C. Schroeder. 1953. Fishes of the Gulf of Maine. Fishery Bulletin of the Fish and Wildlife Service. Vol. 53. US Government Printing Office, Washington, DC.

Chas. T. Main, Inc. Environmental Division. 1986. Champion International Corporation Bucksport Mill Proposed Cogeneration Facility. Informational Package on Water Use, Intake and Discharge. Boston, Ma.

Ellis, William:Asst. Professor of Ocean Studies. Maine Maritime Academy. Personal communication, 1999.

Flagg, Lou: Deputy Commissioner, Maine Dept. of Marine Resources. Personal communication, 1999.

National Marine Fisheries Service. March 1, 1999. Essential Fish Habitat Designations within the Northeast Region (Maine to Virginia). Working Copy.

Normandeau Associates Inc. 1991. Harriman Cove Environmental Studies April 1990 - March 1991 Data Report. Bedford, New Hampshire.