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developer faces fines for harming fish habitat

Mill Creek developer faces fines for harming fish habitat

Department of Ecology fined real estate developer David Milne $134,000 in connection with mismanagement of a 40-acre construction site that destroyed salmon and steelhead habitat in Mount Vernon — the third penalty for Milne in just over a year.

By Lynda V. Mapes

Seattle Times staff reporter

A Mill Creek-based real-estate developer has been fined for the third time in a little over a year by state regulators for mismanagement of construction sites that destroyed salmon habitat.

David Milne was fined $134,000 on May 1 by the state Department of Ecology in connection with more than 250 violations of stormwater regulations at a 40-acre construction site in Mount Vernon in 2008.

It was the third recent penalty in the past year for Milne, whose firm David Alan Development Co., was fined twice in 2009 for similar violations at the Horstman Heights construction project in Port Orchard. Ecology fined the company $28,000 in January 2009 and $48,000 in April 2009 in connection with that project. Milne has yet to respond to the agency, let alone pay the fines, said Katie Skipper, spokeswoman for the agency.

Ecology Director Ted Sturdevant said the agency’s next step will be to seek liens against the developer’s property. “Part of it is how do we make him pay for what he has done, and the other is how do we keep him from doing this again,” Sturdevant said.

The developer could not be reached for comment Thursday.

The most recent violation damaged a mile of steelhead and salmon spawning habitat, according to the agency, when on May 21, 2008, a stormwater detention pond failed on Milne’s Parkwood development. A flood of muddy water powerful enough to rip trees and stumps from the ground blasted down slope to Thunderbird and East Thunderbird Creeks, tributaries of the Skagit River, Skipper said.

The mud, water and debris scoured the bottom of the two creeks and settled in Trumpeter Creek. The creeks are home to coho and chinook salmon and steelhead trout. Both populations of chinook and steelhead are listed for protection under the federal Endangered Species Act. Juvenile salmon had been documented in the creek by state wildlife staff weeks before the stormwater pond blew out.

The failure was the result of a year of little or no effort to properly manage the construction site as required by federal and state law, as outlined in a construction stormwater permit granted to Milne, according to Ecology.

Inspectors repeatedly reported violations at the residential development, where Milne hired a series of contractors to prepare the 40-acre site for development — including clearing and leveling half of the site. Violations ranged from unstable soils to muddy water flowing from the site to the unfinished pond. Milne stopped paying the contractors, who left the site unsupervised, and conditions deteriorated until the pond failed, the agency says.

“It was a really egregious example,” Sturdevant said. “It’s hard for people to realize even in small amounts, when you add that up over a large amount of raw ground, it can really add up and mess with fish.”

Lynda V. Mapes: 206-464-2736 or lmapes@seattletimes.com

 

Pennsylvania fish habitat regulations/information

PFBC Cooperative Fish Habitat Management Programs for Lakes
What You Need to Know
The Pennsylvania Fish & Boat Commission’s Cooperative Lake Habitat Improvement Program has been in existence for over twenty years.  With the foundation of the Division of Habitat Management, Lake Habitat Cooperators have more options than in the past.  Currently two Commission programs exist solely for the purpose of working with individuals, organizations and other state and federal agencies to manage habitat improvement projects in commonwealth lakes and impoundments. The Cooperative Habitat Improvement Program (CHIP) and the Technical Assistance Program (TAP) are cooperative programs that are managed by staff within the Division of Habitat Management’s Lake Section that is part of the Commission’s Bureau of Fisheries, located in Bellefonte, PA.The Lake Section’s CHIP program is for long term fish habitat enhancement projects with cooperators that are able to partially fund projects with the Commission. The lake or impoundment to be improved must be state or federally owned or open to the public through an easement or management agreement.  Trained Commission staff may provide technical assistance in design, in permitting, in artificial habitat construction and placement oversight.  The trained Commission staff may also use specialized equipment and operators to construct artificial fish habitat structures. The Commission can provide matching material funding for Active CHIP Lake Projects. 

The Division of Habitat Management’s TAP program is aimed at short term projects that require only technical assistance. This technical assistance comes in the form of project design. Like the CHIP program, habitat managers will conduct habitat assessments and inventories of the individual lakes or impoundments and provide a CAD-drawn plan map showing depths and waypoint locations of specific artificial fish habitat structure proposed for the lake.  The cooperator will receive this plan map and the associated plan narrative as a management plan for the waterway.  Pennsylvania Fish & Boat Commission funding is not available to TAP cooperators, but lakes not open to the public may receive technical support through TAP.  Both the CHIP program and the TAP program have been created to manage the design, the construction and the placement of artificial fish habitat in Pennsylvania lakes and impoundments.

Questions and answers about Lake Habitat Management in Pennsylvania Lakes
What is artificial fish habitat? Artificial habitat is fish structure designed to provide habitat features that allow fish (vertebrate and invertebrate animals) and reptiles to accomplish their daily and seasonal performance tasks with greater efficiency.  Man-made habitat is considered artificial because it does not occur naturally.  For the most part, the man-made habitat is used in man-made lakes (reservoirs & impoundments) which are artificial aquatic environments.Does the Commission have to get permits to place fish habitat in Lakes? The Commission’s Division of Habitat Management assists CHIP cooperators in their request to receive state and federal encroachment permits for fish habitat enhancement structure placement. TAP cooperators may use the Lake Section Designed Plan in a permit request to Pennsylvania’s Department of Environmental Protection. 

What does Fish Habitat Improvement accomplish? Artificial fish habitat may provide opportunities for angers to have greater success if the artificial habitat is accessible.  But the main objective, is to increase the abundance of submerged native habitat materials, primarily, wood and rock rubble, through engineered structure design, that mimics native or natural habitat found in Pennsylvania impoundments. Wood and rock rubble are the key habitat elements that invertebrate and vertebrate animals use in lakes and impoundments.  When the utilization aspect of fish habitat improvement increases the anglers’ success and provides opportunities for aquatic animals to increase in abundance and in efficiency, it is a win-win lake management tool.

How expensive is Fish Habitat Improvement? Artificial fish habitat structure varies in cost due to the type, to the dimensions, to the materials used and to the regional values.  An average cost of a typical, volunteer built, Pennsylvania style artificial habitat structure is $50.00. Add the cost of Commission staff time to design and to oversee project implantation, plus fuel and transportation costs, the estimated value of a typical submerged Pennsylvania style artificial habitat structure equals approximately $100. Considering that 90% of all Pennsylvania style artificial habitat structures constructed and placed in the last two decades are still submerged and functional, it is a pretty good value.

How much does a typical Fish Habitat Improvement Project cost? Due to regional variations in material, transportation costs and inflation, project costs may vary. However, an average small scale fish habitat annual project may cost between $750 and $1,500. Normally, the Commission’s material costs are $500 to $1000 and the cooperator’s material costs are $250 to $500. The cooperator’s 50% cost match also includes, the value of the volunteer time. Typically speaking, between volunteer time and cooperator material and equipment continuations, the CHIP cooperator exceeds the 50% value of the project cost. Large-scale projects are far more expensive, averaging $10,000 to $50,000 depending upon the size and structure of the Large Scale Fish Habitat Project.

What is the difference between large-scale and small-scale projects? Small Scale Lake Fish Habitat Projects have been part of habitat management for over 20 years and continue to be the mainstay of CHIP. Small scale projects normally have a 3 to 9 year life span, but a few have been ongoing for 20 years. Typically, a small scale project is conducted annually.  Using adult and/or youth volunteer labor along with lake section staff and equipment, it is possible to construct and place 10 to 100 Pennsylvania style wooded artificial fish habitat structures in a single day.

Large Scale Fish Habitat Projects are created by one of two basic elements in impoundments that have a dire need for habitat.  One basic element is the impoundment in a condition where a large amount of habitat can be placed in a short period of time, such as a dam breach, a lake reclamation or a maintenance water drawdown.  The other basic element is when funding becomes available, through a grant or a donation that provides the cooperator and the Commission an opportunity to accomplish a large-scale habitat project.  Large scale projects may provide opportunities for volunteer involvement, but are typically accomplished using specialized aquatic and land-based equipment to construct and place hundreds of artificial habitats in a single day. Large scale projects may last a couple of weeks to a month.

Who does the Commission work with to accomplish Lake Habitat Projects? The Commission’s CHIP program works with numerous organizations and agencies to cooperatively conduct small and large scale fish habitat projects. State agencies like, Pennsylvania’s Department of Conservation & Natural Resources’, Bureau of State Parks and the Pennsylvania Game Commission have been long time partners and cooperators. The U. S. Army Corps of Engineers, the U. S. Fish & Wildlife Service and the U. S. Forest Service continue to be valuable partners in the CHIP program. Numerous County Conservation Districts and County Park and recreation agencies have been long time cooperators, along with organizations like the Pennsylvania Bass Federation, the individual bass and fishing clubs, and the lake associations across the Commonwealth.

This does not include the hundreds of youth and adult volunteers that work with cooperators annually, to provide the muscle to accomplish the 50 plus small scale projects that occur every year. Other state’s agencies are also involved in Pennsylvania’s cooperative fish habitat program.  Ohio’s Department of Natural Resources’, Division of Wildlife, and Ohio State Parks both are involved in the annual habitat management project at Pymatuning Reservoir, since a portion of Pymatuning Reservoir is in Ohio.

How do you determine if Artificial Habitat is beneficial? Scientifically speaking, determining the fishery population value of artificial fish habitat in a large impoundment may be close to impossible. An impoundment is an incredibly complex aquatic ecosystem and fish populations and natural habitat abundance vary greatly from day to day, season to season and year to year, due primarily to regional environmental conditions. The fish use of artificial habitat can be documented through various sampling methods.  The night electro-fishing is the method most often used to sample habitat in depths of 5’ or less.

Deep water habitat has been evaluated using submersible cameras and scuba diving.  All of these are intrusive methods that can be used to study fish use of artificial habitat. A less intrusive method, but also less effective, is sonar sampling of habitat sites. Sonar can be used to determine if fish are relating to the artificial fish habitat structures, but sonar is not as effective to determine the abundance or the species richness as the other methods. Angling and angling satisfaction are another means to determine the value of a fish habitat improvement project.

The Commission uses all of these methods in regimented studies, in passive sampling and in undocumented discussions with anglers and facilities managers. The Division of Habitat Management is increasing the amount of sampling and monitoring to try and learn more about fish and reptile use of artificial lake habitat structures.   This comes at a good time, since in the near future we will be accomplishing more habitat projects than ever before.

How many Lake Habitat Projects will the Commission be involved in by December 2009? It is estimated that the Lake Section will be involved with and conduct over 100 Small Scale Fish Habitat Projects and 6 Large Scale Fish Habitat Projects by 12/30/09. An estimated 3000 artificial habitat structures will be placed in Commonwealth lakes with the Commission spending an estimated $25,000.  The cooperator and grant estimated contributions to total $125,000.  Between grants, Pennsylvania Fish & Boat Commission project funding and cooperator contributions; the 4 person Lake Section is preparing to accomplish 100 lake habitat projects with an estimated materials cost of $150,000 in the next two years.  This is an average cost of $50 per fish structure.  This artificial habitat should last at least another two decades into the future.

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The Pond Boss Talks about timing of your pond management

DAWN OF A NEW SEASON. POND MANAGEMENT IS ABOUT TIMING – BY BOB LUSK
Thursday, January 27, 2011 at 5:27pm
Water temps, not dates, the real key

Remember Forrest Gump? He was running along a lonely stretch of highway, minding his own business, when he steps in a pile of nature’s fertilizer. Forrest looks down, then back at the front guy in the crowd behind him, and says, “It happens.”

In the world of pond management, “it” sure does. Let’s examine “it.”

Beginning late each winter, extending into spring, then deep into summer, I get the same questions, from different people, sometimes in different states, but roughly the same questions about their fishing ponds.

Example: “I fertilized my lake, and nothing happened. The water is just as clear as ever.”

Or, maybe this one: “I followed label directions, fertilized the right amount for my pond, and bottom weeds have taken over.”

No pretty green water, no plankton bloom in their fishing ponds.

What happened? “It” didn’t work.

What gives? Is “it” the fertilizer? Or, maybe the water? Was “it” applied correctly? Was the compound properly distributed throughout the pond, then allowed to fully dissolve into the water column, the way Pond Boss says to do “it”?

There’s an old adage for real estate people that relates to the three basic principles of the property — location, location, location. In pond management, “it” is “timing, timing, timing.”

You can add fertilizer to your water, applying at the proper rates, the proper N-P-K (nitrogen-phosphorus-potassium) mix, until you are blue in the face, and never get a bloom. This is especially 1 if you were to fertilize during the coldest spell of the winter. Timing. The right pond management technique, perhaps, but it was used at the wrong moment.

As you plan for the New Year for your favorite fishing pond, the new growing season, start putting together your basic pond management strategy for the next 12 months. In Texas, the Agriculture Extension Service provides excellent information in the form of a calendar. Trouble is, on any given spring day, the temperature at the southern tip of the Lone Star state may hit 85 degrees, while the folks in Amarillo, located in the middle of the Texas Panhandle, may be shoveling snow off the sidewalk. So much for a pond management schedule dictated by pages on a calendar.

Instead, let water temperature be your guide. Check the Pond Boss display ads for catalog distributors and buy a good thermometer. Then use it to check water temperatures on a regular basis.

Don’t get too concerned about the mechanics of this, whether you take the temperature six inches below the surface or 3 feet deep, just make sure to place the thermometer in approximately the same place each time in your fishing pond.

If you can’t be at your pond all the time, check temps as often as possible. Write your findings in a notebook. Watch your pond temperature patterns, and keep notes. Two or three years of sound temperature record keeping will put you in the pond management driver’s seat.

Here’s how: Let’s say, for instance, that at 45 degrees, you start noticing the onset of filamentous algae growth in your fishing pond. Write that in your notebook. At 55-60, fish began coming to your feeder. Make a note. At 62-68, bass went on their spawning nests. Two weeks later, baby bass are seen in schools, around the edge of your fishing pond. Write it down. All of it.

Those little facts will help you achieve pond management goals next year, and the year after, beginning with the first hint of filamentous algae, which tends to get worse as water temperatures rise. With all biological activity that occurs in your fishing pond, there is a direct relation to water temperature.

Take plankton for an example. Desirable plankton blooms, adequately fed, will not thrive until water temps in your fishing pond are consistently above 60 degrees. That’s not to say you can’t find plankton in winter. You can.

But, to properly feed baby fish in your pond, 60 degrees is “it.” Sixty is the trigger point.

What about feeding pelleted fish food like Purina Aqua Max, you might ask? Different fish respond to different temperatures. When your temps hit 50-55 last Fall, channel cat eased away from the fish feeder, into the murky depths of your fishing pond to hunker down in a big school. But, your feisty bluegill probably came to the fish feeder even as temps dropped into the lower 40’s.

I often get asked about stocking fingerlings in a new fishing pond. When should you introduce fingerlings to a new environment?

With our pond management clients, we urge fishing pond owners to avoid extremes. Both hot and cold can be stressful for handling fish. Oh yes, fish can certainly survive their extremes, once they arrive in the fishing pond. But getting them from the hatchery to your pond can be tricky during really hot or really cold. Transport fish during warm or cool times.

Here’s a simple temperature “calendar” to bring pond management techniques to a sharper focus:

Temps below 32 degrees

Ice. Aerate northern ponds, if possible, and keep snow cover off clear ice. This is a great opportunity to prepare brush piles, rocks, pipe, or other materials on top of ice, where they can sink, after thaw, for your fish cover.

32-42 degrees

Do not expect fish to feed. Warmwater fish are too sluggish, trout feeding is minimal.

42-48 degrees

Macrophytic aquatic plants are dead. Good time to install cover into barren areas. Be sure to put cover in mid-depth areas of your fishing pond, relatively near shore.

48-55 degrees

Bluegill will feed, especially if conditioned to fish food pellets. Filamentous algae begins to grow around fishing pond edges, especially during warm afternoons. Peak trout feeding temperatures.

55-58 degrees

Channel catfish come to life, and begin searching for food. Bluegill activity escalates, Bass begin moving from structure. Filamentous algae thickening. Trout active.

58-62 degrees

Fertilize fishing ponds with clear water! Do not dally. Bass begin showing signs of nesting, preparing crater-shaped spots, 4-6 feet deep, 18 inches in diameter, for spawning. Filamentous algae in full growth stage. Begin checking for plankton bloom 5 or 6 days after fertilizing, as temps continue their Spring rise. Time to begin stocking fingerling fish into new ponds, or adult fish for corrective stocking situations. Trout still active and growing. Crappie on nests.

62-68 degrees

Worldwide, this is prime spawning temperature range for largemouth bass in your fishing pond. Plankton blooms beginning to color the pond water. Measure pond water visibility, shooting for 18-24″. This is still a good time to fertilize your pond. Redear sunfish and bluegill begin preparing and sitting on nests. Trout active and growing. Cattails begin to grow, along with peripheral reeds. Watch for beginnings of rooted aquatic plants underwater in your pond.

68-72 degrees

The bass spawn wanes, with schools of baby bass beginning to appear. Bluegill are on nests. Plankton reach optimum growth. Measure visibility in the fishing pond. Rooted plants growing, cattails and reeds tall. All fish feeding well.

72-76 degrees

Keep measuring pond water visibility; maintain plankton blooms. Watch for plankton bloom beginning to darken from bright green to an olive green. Cattails and reeds reaching maturity. American lotus and select lily pads begin to show themselves. Peak operating temperatures for all warm water fish. Heavy feeding, both natural food and from your feeders. Young of the year bass, bluegill and redear can be observed. Channel catfish beginning their spawning rituals. Monitor plankton bloom, keep goals in sight. Trout tend to become sluggish.

76-80. degrees

Trout are dead. Warmwater fish on full feeding throttles, fish growth rates max. Rooted aquatic plants maturing, still rapidly growing. Filamentous algae beginning to disappear. Plankton, when fed properly, is thriving. Watch for plankton bloom color to shift from olive green to a greenish brown. Be careful when boosting your pond algae bloom with fertilizer. Use maintenance doses, only. Keep checking visibility; use maintenance doses of fertilizer as pond water visibility increases beyond 24-30 inches. Floating plants such as duckweed, azolla, become noticeable. Good time to begin treating unwanted vegetation. Be sure to have stocked fingerlings by now.

80-84 degrees

Warm water fish are active, and plankton tends to grow quite rapidly. Do not over-fertilize an overactive plankton bloom in your pond. Measure pond water visibility, watch as plankton bloom color changes. When plankton shifts to a brownish/ green color, it has shifted from mostly phytoplankton (plant plankton) to zooplankton (animal plankton). Zooplankton blooms rapidly deplete their food source, phytoplankton, and then the bloom will “crash”. Zooplankton run out of food, zooplankton die, and sink in your fishing pond. Pond water rapidly clears. Either feed the algae bloom, or let it crash, you choose, based on your pond management goals. By now, baby fish hatched in your fishing pond are reaching fingerling sizes, and clear pond water makes forage fish available to bigger predator fish. But, remember, clear water lets sun penetrate deeper in the pond water column, expanding rooted plant territory.

84-88 degrees

Be wary of fertilizing your fishing pond. Better to under-fertilize a lot than over-fertilize a little. Biological activity, especially microbes, in water, reaches most rapid life cycle movement in warmer water. Fish metabolism beginning to slow, growth rates reaching summer doldrums. Vegetation reaching maximum growth rates and penetration in your pond.

88-92 degrees

Even warmwater species begin to hunker down in their “survival” mode. Limited feeding times, fish get sluggish. Vegetation at maximum coverage. Watch pond water chemistry, especially plankton blooms more dense than 18 inches visibility.

Above 92 degrees

Check your pond’s plankton. Drink lots of fluids. Be wary of chemically treating excessive aquatic plants. Killing too much vegetation, too fast, can devastate your fishery. Oxygen depletions are most common.

Our friend Forrest would say, “Timing is as timing does.”

Humans seem to rely on a calendar, but nature doesn’t always oblige, and her “work schedule” varies greatly from region to region. Observe pond activity, and train yourself to rely on the thermometer.

Rethink your annual pond management schedule to coincide, not with readings on a watch or even a calendar, but with temperature levels. It’s nature’s way, and it should be yours.

POND BOSS Magazine is the world’s leading resource for fish, pond and fisheries management information including discussions on muddy water, raising trophy fish, fish feeding, building a pond, algae control and more. Check us out at www.pondboss.com or contact Bob Lusk, the Pond Boss himself, at 903-564-5372. His books, Basic Pond Management, Raising Trophy Bass and Perfect Pond, Want One, may be purchased by calling 800-687-6075 or ordering online at www.pondboss.com

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