Attachment_1-_Statement_of_Work_pages_1-10.pdf

Statement of Work

Title: Niagara River Area of Concern Mussel Restoration Phase 3 Information Gathering:

Population Survey Off Shore of Buckhorn Island State Park, Grand Island, Erie County, New York

I. Background

This Statement of Work (SOW) describes work to be performed in support of Beneficial Use Impairment (BUI) removal at the Niagara River Area of Concern (NR AOC), New York. The U.S.-Canada Great Lakes Water Quality Agreement (Annex 1 of the 2012 Protocol) defines Areas of Concern (AOCs) as "geographic areas designated by the Parties where significant impairment of beneficial uses has occurred as a result of human activities at the local level" (i.e., a location that has experienced severe environmental degradation). The U.S. Environmental Protection Agency (USEPA) and other federal and state agencies are working to restore the remaining United States AOCs in the Great Lakes Basin, including the Niagara River.

The Remedial Action Plan (RAP) for the NR AOC identifies, and provides the rationale and remediation plans for, BUIs including the “Degradation of Fish and Wildlife Populations” BUI (NYSDEC 1994). The RAP Coordinator for the NR AOC (Mark Filipski, New York State Department of Environmental Conservation (NYSDEC)) coordinated a detailed update of BUI-specific delisting criteria in January 2012, associated with preparing the NR AOC RAP Stage 2 Addendum. Delisting criteria for the population degradation BUI include, “Healthy, reproducing populations are observed of sentinel native species representing the range of trophic levels within the aquatic ecosystem. Specifically, over a five-year period improving trends are observed in the community structure of native mollusk populations (an indicator of water quality, benthic habitat and lower-level fish, bird, reptile and mammal food chain integrity).”

Available historic native mussel data for the Niagara River is limited. Strayer and Jirka (1997) completed the first modern (post 1990) mussel survey work within the Niagara River Basin.

They summarized the available historical data and surveyed at three additional locations (Goat Island, Buckhorn Island, and Beaver Island), finding that the Niagara River Basin historically contained approximately 31 species of freshwater mussel.

Following Strayer and Jirka’s review, several other surveys have taken place within the basin.

Riveredge Environmental (2003) conducted surveys at 22 sites, focusing on areas of previous surveys and shoreline areas with soft sediments where mussels could reside. Only three live species were noted. More geographically focused surveys occurred at Strawberry Island (2011 and 2015), Buckhorn Island State Park (2018), and near the mouth of Spicer Creek (2019) (Zanatta et al 2015, Riveredge Environmental 2015 and 2018, Jirka 2020).

The decline of native mussel populations in the Niagara River is related to changes in habitat and water quality, and to the introduction of invasive species. At the beginning of the 20th century, the availability of electricity from Niagara Falls, water for cooling, and open land led to major expansions in steel and chemical manufacturing and grain milling. Much of this growth concentrated along the shoreline in Buffalo, Tonawanda, and Niagara Falls. A dramatic loss of habitat occurred due to the physical disturbances associated with industrial as well as residential development. The diversion of varying amounts of water for power generation has also impacted habitat in the upper river. The steel, petrochemical, and chemical manufacturing industries flourished into the late 1970s, but subsequently declined leaving behind a legacy of contamination.

Invasive species have significantly altered ecosystems within the Great Lakes. Zebra and Quagga mussels specifically have smothered native mussels and outcompeted them for food and habitat.

The invasive Round Goby, a small benthic fish with several adaptations that enable it to be successful in the Great Lakes, has been shown to consume juvenile and small native mussels.

In February 2017, the U.S. Fish and Wildlife Service (USFWS) New York Field Office (NYFO) and NYSDEC began to plan for potential restoration of sentinel native mussel species, representing the lower-level food chain within the Niagara River aquatic ecosystem. To inform this work, comprehensive surveys of the upper Niagara River were conducted in 2021 and 2022 to determine the location and extent of the current native mussel populations and determine locations of potential native mussel habitat (Phases 1 and 2 of NR Mussel Restoration Project).

These surveys added to data from the above-mentioned site-specific native mussel surveys within the upper Niagara River, which surveyors conducted with various methods, generally to determine existing conditions prior to aquatic habitat improvement projects. The 2018 survey of Buckhorn Island State Park’s northern shoreline assessed the largest contiguous area of any survey, and documented 294 mussels of nine species (Riveredge Environmental 2018).

In 2023, the NR AOC Mollusk Group (USFWS NYFO, NYSDEC, US Army Corps of Engineers (USACE)) reviewed site-specific survey data collected in the upper Niagara River since 2000 along with the Phase 1 and 2 native mussel survey results and has concluded that current native mussel richness and abundance in the Niagara River are substantially lower than historic levels.

II. Purpose

The NR AOC Mollusk Group has determined that before BUI mussel criteria evaluation can begin, there is a need to determine what conditions are currently limiting the native mussel population within the Niagara River system. Two factors that the Mollusk Group has identified as leading possibilities are the presence of invasive dreissenid mussels and the presence of a black, possibly anoxic, sediment layer within the substrate throughout much of the upper Niagara River. Having the 2018 survey along Buckhorn Island State Park’s northern shoreline to serve as reference data for mussels in a discrete area, the Mussel Group’s priority is to fill these information needs: 1) to determine the current extent of native mussels and dreissenid mussels at the Buckhorn Island shoreline and 2) to determine the presence of an anoxic sediment layer within the substrate at the previously surveyed Buckhorn Island. (Previous surveys have found the anoxic sediment layer in areas where mussels are not present. USFWS is planning a separate effort to sample and analyze that sediment layer. This effort is meant to provide information on the extent of its presence in an area where mussels are found.)

The NR AOC Mollusk Group intends to reach a decision on whether or not to move forward with native mussel restoration efforts under the AOC program based in part on whether the population of dreissenids within the Niagara River continues to increase or has leveled off or is declining. It will also consider whether the native mussel population at Buckhorn Island appears to be stable. Surveying at Buckhorn Island State Park will also provide data to support the evaluation of potential trends in native mussel abundance, species richness, and diversity.

Proposals should include a cost for services, broken out by tasks (see Quote Schedule), and a time frame for completing the surveys. Surveys may only be conducted between May 15 and September 30. Depending on timing of the award of the Survey contact (in the middle or end of the current survey period), the surveys will take place during the next year mussel survey period.

We request surveys to occur by September 30, 2025.

III. Locations

All work will be located in water along the northern shoreline of Buckhorn Island State Park, Grand Island, New York, United States. This area is consistent with the area that was previously surveyed for native mussels in 2018, to inform the New York State Office of Parks, Recreation, and Historic Preservation (OPRHP) Buckhorn Island Shoreline Habitat Enhancement Project (Project). The Project included installation of wood and rock habitat features in 2020.

The work area can be accessed by boat or from land within the State Park (Figure 1). Vehicle travel to the site over land requires permission from the Buckhorn Island State Park manager.

Survey Area

The Survey Area is 18.5 acres located along approximately 8,700 feet of shoreline and extending approximately 80 feet from the shoreline (Figure 1). Water depths in this area vary requiring surface supplied air or Self Contained Underwater Breathing Apparatus (SCUBA) survey methods. A bathymetry survey is attached for reference (Attachment 1).

Focus Areas

The Focus Areas will be five sub-locations within the greater survey area where the contractor will conduct more time-intensive surveys as described below. The size of each sub-location is assumed to be approximately 900 square meters.

IV. Required Qualifications and Certifications

The survey must be led by a qualified Mussel Biologist. In order to obtain the necessary licenses (see below), the mussel biologist must have a relevant degree in aquatic sciences, a minimum of two years field experience conducting surveys in New York, and demonstrated experience collecting the target species (see Table 1).

Table 1 – Target Species

Scientific Name Common Name State Status1 Cambarunio (Villosa) iris Rainbow S2S3, SGCN

Eurynia (Elliptio) dilatata Spike common

Fusconaia flava Wabash Pigtoe S2, SGCN

Lampsilis cardium Pocketbook S2S3, SGCN

Lampsilis siliquoidea Fatmucket common

Lasmigona compressa Creek Heelsplitter common

Potomilus (Leptodea) fragilis Fragile Papershell S2S3

Sagittunio (Ligumia) nasuta Eastern Pondmussel S2, SGCN

Pleurobema sintoxia Round Pigtoe S1, SGCN

Ptychobranchus fasciolaris Kidneyshell S2, SGCN

Pyganodon grandis Giant Floater common

Strophitus undulatus Creeper common

Toxolasma parvum Lilliput S2, SGCN

Utterbackia imbecillis Paper Pondshell S1, SGCN

The qualified mussel biologist and at least two other members of the survey team must be experienced in snorkeling, surface supplied air, and certified in SCUBA.

V. Description of Required Services

Task 1 – Obtain Permits and Permissions

The Mussel Biologist will be responsible for obtaining all required permits, including at least the following:

• NYSDEC Scientific License to Collect or Possess o The license application, designated agents form, and instructions are available from the NYSDEC webpage. NYSDEC requires approximately 45 days to review and process a completed application.

License application form and instructions:

https://extapps.dec.ny.gov/docs/wildlife_pdf/lcpsci2013.pdf Designated agents form:

https://extapps.dec.ny.gov/docs/wildlife_pdf/sludesignatedagent2018.pdf

• NYSDEC Scientific License for Endangered/Threatened Species

1 S1 – imperiled; S2 – critically imperiled, S3 – vulnerable; SGCN – Species of Greatest Conservation Need https://extapps.dec.ny.gov/docs/wildlife_pdf/lcpsci2013.pdf o The license application, designated agents form, and instructions are available from the NYSDEC webpage. NYSDEC requires approximately 45 days to review and process a completed application.

License application form and instructions:

https://extapps.dec.ny.gov/docs/wildlife_pdf/etssci.pdf Designated agents form:

https://extapps.dec.ny.gov/docs/wildlife_pdf/sludesignatedagent2018.pdf

• OPRHP Scientific Research Permit o The permit application and instructions are available from the OPRHP webpage.

Applications should be submitted at least 30 days prior to the proposed research start date.

https://parks.ny.gov/documents/inside-our-agency/PublicDocuments/Permits/OPRHPScientificResearchApplicationP ermit.pdf

Additionally, vehicle travel to the site over land requires permission from the Buckhorn Island State Park manager and notification on the day of travel. Travel to the site by boat does not require permission, but a courtesy notification is expected.

The contractor will provide the USFWS NYFO with at least a 5-day prior notification of the start of field work. The contractor will make all attempts to adhere to scheduled field efforts. In the event that unforeseen environmental conditions cause cancellation of field efforts, the contractor will communicate with the USFWS NYFO promptly.

Task 2 – Conduct Qualitative Timed Search Survey (8 seconds per square meter)

The Mussel Biologist will conduct a qualitative timed search native mussel and dreissenid survey, using visual and tactile search techniques, in the Survey Area and determine the presence of an anoxic sediment layer within the substrate.

To allow for meaningful comparisons between data collected in 2018 and this survey, the survey area should be divided into 40-feet (12.2-meter) wide survey cells, as measured parallel to the shoreline. Each cell will stretch 80’ (24.4 meters) from the shoreline. In each survey cell, qualitative visual sampling should be done by walking or swimming while using a view bucket, mask and snorkel, or SCUBA mask to view the sediment. Surveyors should visually search for mussels and gently probe the sediment by hand at a target rate of 8 seconds per square meter. At this sampling rate, it would take about 166 hours to cover the entire Survey Area. Any field deviations from the target search rate should be documented and described in the survey report.

The written survey report should follow the instructions in the 2022 NYSDEC Mussel Survey Guidelines, Section 7.3 Required Data and Information to Report (https://extapps.dec.ny.gov/docs/fish_marine_pdf/junemusselsurveyguide.pdf). Additional information to include in the written survey report is the presence of an anoxic layer within habitat substrate including estimated percent cover of the anoxic layer in each survey cell and presence of invertebrate life within the black substrate layer. Sample data collection documentation forms are attached for reference (see Attachment II).

https://extapps.dec.ny.gov/docs/wildlife_pdf/etssci.pdf https://extapps.dec.ny.gov/docs/fish_marine_pdf/junemusselsurveyguide.pdf

Task 3 – Conduct Time-Intensive Qualitative Surveys (1 minute per square meter) in Focus Areas if Live Native Mussels Located

If native mussels are located during Task 2, Qualitative Timed Search Survey, the Mussel Biologist will select five focus areas (of approximately 900 square meters) having the largest numbers of native mussels for time-intensive qualitative surveys of native mussels. After notifying the USFWS NYFO of the locations of the focus areas, the Mussel Biologist will conduct the time-intensive qualitative native mussel surveys at the five focus areas. USFWS is especially interested in time-intensive surveys of areas to which mussels were relocated in 2020, assuming the Task 2 Qualitative Timed Search Survey finds mussels in the designated areas.

USFWS will provide the locations of the designated area after award of the contract.

In the focus areas, target search rate should be 1 minute per 1 square meter. At this sampling rate, it would take 75 hours to cover the five focus areas. Any field deviations from the target search rate should be documented and described in the survey report. The written survey report should follow the instructions in the 2022 NYSDEC Mussel Survey Guidelines, Section 7.3 Required Data and Information to Report (https://extapps.dec.ny.gov/docs/fish_marine_pdf/junemusselsurveyguide.pdf).

Mussel Capture & Voucher Procedure The contractor will retain no live mussels. Furthermore, no live mussels will remain in holding overnight. The survey crew will keep individual mussels that they collect in water except during morphometric processing, during which they will keep handling time to a minimum and will not expose animals to direct sunlight or hot surfaces. Processing will take place near the area of collection to reduce time out of water. Upon completion of mussel processing, the crew will return individuals to the area where originally collected, hand-placing any federal and state-listed species into the substrate.

If the contractor collects any federally protected species during the surveys, they will inform the USFWS NYFO within 24 hours (per state and federal permit requirements). The survey crew must use sub-meter Global Positioning System (GPS) equipment to determine the exact capture location to aid in the re-collection of the individual if necessary. The contractor will include two voucher photos of each collected species in survey reports. They will record deadshell specimens and arrange for their deposit at the New York State Museum in Albany, NY or the Buffalo Museum of Science, in Buffalo, NY.

Task 4 – Data and Report Submission

All data and information collected must be submitted to USFWS NYFO within 30 days of conducting the surveys in a written report following the instructions in the 2022 NYSDEC Mussel Survey Guidelines, Section 7.3 Required Data and Information to Report (https://extapps.dec.ny.gov/docs/fish_marine_pdf/junemusselsurveyguide.pdf). Sample data collection documentation forms are attached for reference (see Attachment II).

Any live mussel locations from the Focus Areas (Task 3) must also be submitted to USFWS NYFO as a shapefile, feature class, or feature layer.

The period of performance shall be the date of award through November 28, 2025.

VI. Schedule and Deliverables

Item Description Qty Due Date

0001 Obtain permits and permissions in accordance with Task 1 of the SOW

As needed throughout length of contract

Permits and permissions must be obtained prior to beginning surveys.

0002 Conduct Qualitative Timed Search Survey in accordance with Task 2 of the SOW.

As needed throughout length of mussel survey period

During the appropriate survey period and no later than September 1, 0003 If native mussels are located during Item 2 (Task 2, Qualitative Timed Search Survey), five focus areas with the largest numbers of native mussels will be selected for a Time- Intensive Qualitative survey of native mussels. Conduct survey in accordance with Task 3 of the SOW.

As needed throughout length of mussel survey period

During the appropriate survey period and no later than September 30, 0004 Submit data and report in accordance with Task 4 of the SOW.

Electronic copies

30 days from completion of Item

Invoices, to be sent upon completion of above Items, shall be accompanied by a progress report to the Contract Officer that summarizes the expenditures within the Item time period and includes a cumulative subtotal of expenditures against the contract amount. This progress report shall discuss progress on the contract tasks as well as any problems encountered. The objective of this Item based progress report is to advise the Contract Officer and the Contract Officer's Technical Representative (COTR) of any problems that would interfere with completion of the contract on time and within budget. The contractor shall notify the COTR when the deliverables have been sent. Deliverables shall be provided electronically. Literature referenced within deliverable documents shall also be provided electronically. Hard copies of data or deliverables shall also be provided upon request.

VII. Designated Officials

The COTR for this Task Order is Amy Roe at the Cortland, New York, Ecological Services Field Office (607-753-9334)

VIII. Literature Cited

Jirka, K.J. 2020. Freshwater Mussel Survey of the Niagara River in the Vicinity of Spicer Creek Wildlife Management Area Erie County, New York, July 15-19, 2019. Prepared by EcoLogic, LLC for O’Brien & Gere Engineering, Inc.

New York State Department of Environmental Conservation (NYSDEC). 1994. Niagara River Remedial Action Plan. September 1994. NYSDEC Division of Water, Albany, New York.

New York State Department of Environmental Conservation (NYSDEC). 2022. New York State Freshwater Mussel Survey Guidelines for Waterbody Disturbance Projects.

https://extapps.dec.ny.gov/docs/fish_marine_pdf/junemusselsurveyguide.pdf

Riveredge Associates, Inc. 2003. Occurrences of rare, threatened, and endangered mussel species in the vicinity of the Niagara Power Project. Report for URS Corporation and the New York Power Authority.

Riveredge Environmental, Inc., 2015. Pre-Construction Mussel Survey and Relocation for Strawberry Island HIP, Niagara River, New York, Niagara Power Project (FERC No. 2216), Prepared by Riveredge Environmental, Inc. for New York Power Authority.

Riveredge Environmental, Inc. 2018. Results of the Buckhorn Island State Park Mussel Survey, Niagara River, New York, Final Report. Prepared for New York State Office of Parks, Recreation, and Historic Preservation, Beaver Island State Park, Grand Island, New York.

Strayer, D.L., and K.J. Jirka. 1997. The Pearly Mussels of New York State (New York State Museum memoir) 26.

Zanatta, D.T,, J.M. Bossenbroek, L.E. Burlakova, T.D. Crail, F. Szalay, T.A. Griffith, D.

Kapusinski, A.Y. Karatayev, R.A. Krebs, E.S. Meyer, W.L. Patterson, T.J. Prescott, M.T. Rowe, D.W. Schloesser, and M.C. Walsh. 2015. Distribution of native mussel (Unionidae) assemblages in coastal areas of Lake Erie, Lake St. Clair, and connecting channels, twenty-five years after a dreissenid invasion. Northeastern Naturalist 22(1): 223-235.

IX. Figures

Figure 1. Location Map showing Survey Area

X. Attachments

Attachment 1. Buckhorn Island State Park Mussel Survey Bathymetry

Attachment 2. Sample Data Collection Documentation forms