Mill Creek Master Plan
Technical Appendix - Volume 2

Supporting Data

Item 1 Prior Reports on Mill Creek Project

Item 2 Public Laws, Executive Orders, and Regulations Pertinent to the Mill Creek Project

Item 3 Pertinent Data

Item 4 Geographic Information Systems

Item 5 List of Aerial Photography

Item 6 Climate Data

Item 7 Vegetation Inventory at the Mill Creek Project - Trees, Shrubs, Forbs, and Grasses

Item 8 Songbird Inventory

Item 9 Fish Inventory

Item 10 Mill Creek Project Real Estate Map

Item 11 Carrying Capacity Methodology

Item 12 Mill Creek Soil Capability Classes

Supporting Data - Item 1

Prior Reports on Mill Creek Project

Design Memorandums

Supporting Data - Item 2

Public Laws, Executive Orders, and Regulations Pertinent to Resource Management at
The Mill Creek Project

Part I - Application

These paragraphs list the applicable Public Laws (PL), Executive Orders (EO), Corps of Engineers' Engineer Manuals (EM), Engineer Pamphlets (EP), and Engineer Regulations (ER) for the planning, development, and management of natural and cultural resources at Corps of Engineers' Civil Works Projects. Part 2 of this item provides a more detailed annotation of these PL's, EO's, EM's, EP's, and ER's. For an annotation of the authority for the Mill Creek Lake Project, refer to section 1 of this volume.

a. Authority for Mill Creek Project.

PL 75-761	The Flood Control Act of 1938, 28 June 1983, as amended by:
PL 77-228	The Flood Control Act of 1941, 18 August 1941

b. Reservoir Name Change.

PL 102-580

Water Resources Act of 1992

c. Planning.

PL 79-14	River and Harbor Act of 1945
PL 79-526	The Flood Control Act of 1946
PL 89-80	Water Resources Planning Act of 1965, 22 July 1965
PL 91-190	National Environmental Policy Act of 1969, 1 January 1970
EO 11514	Protection and Enhancement of Environmental Quality, 5 March 1970 (Amended by EO 11991)
EO 11990	Protection of Wetlands, 24 May 1977
EO 11991	Relating to Protection and Enhancement of Environmental Quality, 24 May 1977 (Amended EO 11514)
EP 1105-2-35	Public Involvement and Coordination, 5 February 1982 (Change 1)
EP 1165-2-1	Digest of Water Resource Policies and Authorities
EP 1165-2-501	Environmental Policies, Objectives, and Guidelines for the Civil Works Program of the Corps of Engineers, 18 December 1988
ER 202-2-2	Policy and Procedures for Implementing NEPA, 1 November 1971 (Change 3)
ER 1105-2-20	Project Purposes Planning Guidance, 29 January 1982 (Change 3)
ER 1130-2-435	Project Operation Preparation of Master Plans, 30 December 1987
ER 1165-2-400	Water Resource Policies and Authorities: Recreation Planning, Development, and Management Policies, 9 August 1985
NPWOM 1130-2-1	Master Plan and Operational Management Plan Procedures, 10 March 1988
NPWOM 1130-1-1	Marina Development and Design Standards
NPWP 1130-1-2	Marina Development and Design Standards, 5 October 1989

d. Resource Management, General.

PL 86-717	Forestry Management Practices at Corps Reservoirs
PL 96-366	Fish and Wildlife Conservation Act of 1980, 29 September 1980
ER 190-1-50	Law Enforcement Policy, U.S. Army Corps of Engineers
ER 1130-2-401	Visitor Center Program
ER 1130-2-404	Recreation Use Fees, 2 July 1985
ER 1130-2-405	Use of Off-Road Vehicles on Civil Works Projects
ER 1130-2-406	Lakeshore Management of Civil Works Projects
ER 1130-2-407	Operating and Testing Potable Water Systems
ER 1130-2-411	Regulation of Seaplane Operations
ER 1130-2-412	Aquatic Plant Control Program
ER 1130-2-413	Pest Control Program for Civil Works Projects
ER 1130-2-414	Recreation-Resource Management System (RRMS)
ER 1130-2-418	Law Enforcement Service Contracts
ER 1130-2-420	Visitor Assistance Program
ER 1130-2-428	Interpretive Services
ER 1130-2-432	Corps of Engineers Resources Volunteer Program (CERV)
PL 91-190	National Environmental Policy Act of 1969, 1 January 1970
ER 1105-2-50	Environmental Resources: Aesthetic Resource Considerations, Chapter 5 (draft 1984)
ER 1165-2-501	Environmental Policies, Objectives, and Guidelines for the Civil Works Program of the Corps of Engineers, 18 December 1988

e. Aesthetic Resources.

PL 91-190	National Environmental Policy Act of 1969, 1 January 1970
ER 1105-2-50	Environmental Resources: Aesthetic Resource Considerations, Chapter 5 (draft 1984)
ER 1165-2-501	Environmental Policies, Objectives, and Guidelines for the Civil Works Program of the Corps of Engineers, 18 December 1988

f. Cultural and Historical Resources.

PL 59-209	Antiquities Act of 1906, 8 June 1906
PL 74-292	Historic Sites of 1935, 21 August 1935
PL 86-523	Reservoir Salvage Act of 1960, 27 June 1960
PL 89-665	National Historic Preservation Act of 1966, 15 October 1966
PL 91-190	National Environmental Policy Act of 1969, 1 January 1970
PL 93-291	Preservation of Historical and Archaeological Data, 24 May 1974
PL 95-341	American Indian Religious Freedom Act of 1978
PL 96-95	Archaeological Resources Protection Act of 1979, 31 October 1979
PL 96-515	National Historic Preservation Act, Amendments of 1980, 12 December 1980
EO 11593	Protection and Enhancement of Cultural Resources, 13 May 1971
ER 1105-2-50	Environmental Resources, 29 January 1982 (Change 2)
ER 1130-2-438	Historic Preservation Program, 26 October 1987
ER 1130-2-433	Storage and Curation of Archaeological and Historic Data

g. Endangered Species.

PL 93-205	Conservation, Protection, and Propagation of Endangered Species, 28 December 1973
PL 95-632	Endangered Species Act Amendments of 1978, 10 November 1978
PL 96-159	Endangered Species Act of 1973, 28 December 1979

h. Fish and Wildlife.

PL 78-534	Flood Control Act of 1944
PL 85-624	Fish and Wildlife Coordination Act of 1958, 12 August 1958
PL 89-72	Federal Water Project Recreation Act (also see public laws under Endangered Species)
PL 96-366	Fish and Wildlife Conservation Act of 1980, 29 September 1980
EL 86-25	Technical Report: U.S. Army Corps of Engineers Wildlife Resources Management Manual
EO 11990	Protection of Wetlands, 24 May 1977
ER 1105-2-50	Environmental Resources, 29 January 1982 (Changes 1-2)
ER 1130-2-400	Management of Natural Resources and Outdoor Recreation at Civil Works Water Resource Projects, 1 June 1986

i. Pest Control.

PL 92-516	Federal Insecticide, Fungicide, and Rodenticide Act
ER 1130-2-413	Pest Control Program for Civil Works Projects, 1 February 1982

j. Recreation (see also Resource Management, General).

PL 78-534	Flood Control Act of 1944, 22 December 1944
PL 79-526	Flood Control Act of 1946, 24 July 1946
PL 88-578	Land and Water Conservation Fund Act of 1965, 3 September 1964
PL 89-72	Federal Water Project Recreation Act of 1965, 9 July 1965
EO 11644	Use of Off-Road Vehicles on Public Lands, 8 February 1972 (Amended by EO 11989)
EO 11989	Off-Road Vehicles in Public Lands, 24 May 1977 (Amends EO 11644)
EM 1110-1-103	Design for the Physically Handicapped, 15 October 1976
EM 1110-2-400	Design of Recreation Sites, Areas, and Management Policies, 31 May 1988
EM 1110-2-410	Design of Recreation Areas and Facilities - Access and Circulation, 31 December 1982
EP 310-1-6	Graphic Standards Manual, December 1980 (Change 1)
ER 70-2-7	Recreation Research and Demonstration System
ER 1105-2-20	Project Purpose Planning Guidance, 29 January 1982 (Change 3)
ER 1110-1-102	Design for the Physically Handicapped, 15 October 1976
ER 1120-2-400	Recreation Resources Planning, 1 November 1971 (Change 3)
ER 1130-2-400	Management of Natural Resources and Outdoor Recreation at Civil Works Water Resource Projects, 1 June 1986
ER 1130-2-405	Use of Off-Road Vehicles on Civil Works Projects, 17 January 1974
ER 1130-2-411	Regulation of Seaplan Operations at Civil Works Water Resource Development Projects, 15 November 1977
ER 1130-2-413	Pest Control Program on Civil Works Projects
ER 1165-2-400	Recreation Planning, Development, and Management Policies, 9 August 1985
NPDR 1130-2-5	Recreation Cost-Sharing Contracts - Code 710
NPDR 1130-2-402	Operational Management Plans, 12 April 1988
NPPR 5-2-1	Recreation Cost-Sharing Contracts, 10 March 1986

k. Water Supply and Quality.

PL 87-88	Federal Water Pollution Control Act Amendments of 1961, 20 July 1961
PL 95-217	Clean Water Act of 1977, 15 December 1977
EO 11990	Protection of Wetlands, 24 May 1977

l. Real Estate.

EO 12512	Federal Real Property Management
ER 405-1-12	Real Estate Handbook, 20 November 1985 (Change 23)

Part II - Annotation

These paragraphs present a brief description of many of the key Public Laws, Executive Orders, Engineer Manuals, Engineer Regulations, and Engineer Pamphlets that provide the guidance for resource use, development, and management of Corps of Engineers' Civil Works Projects. The annotated descriptions are not inclusive of all items listed in Part 1.

a. Public Laws.

(1) PL 59-209, Antiquities Act of 1906 (8 June 1906).

This Congressional Act placed the primary responsibility for archaeological investigation on professionals, in cooperation with the Smithsonian Institution and the National Park Service. It applies specifically to the appropriation or destruction of antiquities on Federally-owned, or controlled, lands and has served as a precedent for subsequent legislation (34 Stat. 225).

(2) PL 74-292, Historic Sites Act of 1935 (21 August 1935).

This Act placed the responsibility for the administration and operation of historic and prehistoric preservation activities under the Secretary of the Interior and the National Park Service (49 Stat. 666, 16 U.S.C. 461-467).

(3) PL 78-534, Flood Control Act of 1944 (22 December 1944).

Recreation. Section 4 of this Act authorized the provision for public-use facilities in reservoir areas, including recreation and conservation of fish and wildlife conservation (58 Stat. 889, 16 U.S.C. 460d).

Water Supply. Section 6 of this Act authorized the Secretary of the Army to dispose of surplus water available at reservoirs, for both domestic and industrial uses (33 U.S.C. 708).

(4) PL 79-526, Flood Control Act of 1946 (24 July 1946).

Leases. Section 4 of this Act amended Public Law 78-534 including the authority to grant leases, to nonprofit organizations, at recreation facilities in reservoir areas at either reduced or nominal charges (60 Stat. 642, 16 U.S.C. 460d).

(5) PL 85-624, Fish and Wildlife Coordination Act (12 August 1958).

This Act gave fish and wildlife conservation equal consideration and coordination with other project purposes. Proposals for work affecting any body of water must be coordinated with the Fish and Wildlife Service (FWS) and the state wildlife agency. The recommendations of the FWS, and the state agency, are to be given full consideration, and justifiable means and measures for wildlife purposes, including mitigation measures, will be considered. Adequate provisions are to be given to use of project lands for the conservation, maintenance, and management of wildlife resources, including their improvement and development. The use of project lands for wildlife management will be in accordance with general plans approved jointly by the Departments of the Army and the Interior, and the state wildlife agency (72 Stat. 563, 16 U.S.C. 661).

(6) PL 86-523, Reservoir Salvage Act of 1960 (27 June 1960).

This Act grants authority to the Secretary of the Interior to provide for the preservation of historical and archaeological data that might otherwise be lost as a result of the construction of a dam and its attendant facilities and activities (74 Stat. 220). This Act was further amended by PL 93-291.

(7) PL 87-88, Federal Water Pollution Control Act Amendments of 1961 (20 July 1961).

This law amended the Federal Water Control Act (70 Stat. 498) in order to provide for a more effective program of water pollution control, and for other purposes (75 Stat. 204, 33 U.S.C. 1151).

(8) PL 88-578, Land and Water Conservation Fund Act of 1965 (3 September 1964).

This Act established a fund from which Congress can make appropriations for outdoor recreation. The fund derives its revenue from entrance and user fees, the sale of surplus Federal property, and the Federal motorboat fuel tax. Entrance and user fees at reservoirs were made possible by Section 2(a), which deleted the words "without charge" from Section 4 of the 1944 Flood Control Act, as amended (78 stat. 897, 16 U.S.C. 4601-4). NOTE: This section was amended and restated by Section 101(1), PL 94-422.

(9) PL 89-72, Federal Water Project Recreation Act (9 July 1965).

This Act requires that full consideration be given to opportunities for recreation, and fish and wildlife enhancement. Recreation planning is to be based on coordination of use with existing and planned Federal, state, and local recreation. Non-Federal administration of recreation and enhancement areas will be encouraged. The law requires that, without cost-sharing by a local sponsoring entity, no facilities for recreation and fish and wildlife enhancement can be provided except those justified to serve other project purposes, or as needed for public health and safety. If, in the absence of a local sponsor, lands are acquired to preserve the recreation and fish and wildlife potential of the project and, if 10 years after the initial project operation there is still no local sponsor, the lands may be sold or used for other project purposes. The views of the Secretary of the Interior on the extent to which the proposed recreation and fish and wildlife development conforms to, and is in accord with, the state comprehensive plan shall be included in any project report.

(10) PL 89-80, Water Resources Planning Act of 1965, 22 July 1965.

This Act declares a policy of encouraging the conservation, development, and utilization of water and related land resources. The Act established the Water Resources Council and River Basins Commissions, and provides for financial assistance to states.

(11) PL 89-665, National Historic Preservation Act of 1966 (15 October 1966) Amended PL 74-292.

This Act declared a national policy of historic preservation, including the encouragement of preservation on state and private levels; provided authority for the expansion of the National Register of Historic Places, to include state and local cultural resources, as well as those of national significance; authorized matching Federal grants to the states and the National Trust for Historic Preservation for the acquisition and rehabilitation of National Register properties; established the Advisory Council on Historic Preservation (one of which is the Secretary of Defense); maintained certain procedures to be followed by Federal agencies in the event of a proposal that might have an effect on National Register properties; and defined the term "historic preservation" as the protection, rehabilitation, restoration, and reconstruction of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, or culture.

(12) PL 91-190, National Environmental Policy Act (1 January 1970).

Section 101 of this Act established a broad Federal policy on environmental quality (983 Stat. 852, 42 U.S.C. 4331). The Federal Government shall "...assure for all Americans safe, healthful, productive, and aesthetically and culturally pleasing surroundings...preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice." (83 Stat. 852, 42 U.S.C. 4331). Section 102 requires an Environmental Impact Statement (EIS) on all proposed Federal actions. "All agencies of the Federal Government shall...identify and develop methods and procedures...which will insure that presently unquantified environment consideration in decision making along with economic and technical considerations..." (83 Stat. 853, 42 U.S.C. 4332).

(13) PL 91-243, 9 May 1970.

This legislation amended the National Historic Preservation Act of 1966 by extending the funding for the program through 1973, increasing the membership of the Advisory Council on Historic Preservation, and authorizing the participation of the United States as a member in the International Center for the Study of Preservation and Restoration of Cultural Property, and authorized funds for that purpose.

(14) PL 93-205, Conservation, Protection, and Propagation of Endangered Species (28 December 1973).

This law repeals the Endangered Species Conservation Act of 1969. It directs all Federal departments/agencies to carry out programs to conserve endangered and threatened species, in consultation with the Secretary of the Interior (or Commerce, in appropriate situations), and to preserve the habitat of such species (87 Stat. 884). NOTE: Section 7 of the Endangered Species Act Amendments of 1978 (PL 95-632) authorizes procedures by which a Federal agency, state governor, or license applicant may apply for an exemption to the Act.

(15) PL 93-291, The Archaeological and Historic Preservation Act of 1974 (24 May 1974).

This Act amended the 1960 Salvage Act, provided for the preservation of significant scientific, prehistoric, historic, and archaeological data (including relics and specimens) that might be lost or destroyed as a result of the construction of dams, reservoirs, and their attendant facilities and activities, or any alteration of the terrain caused as a result of any Federal construction project or Federally-licensed project, activity, or program. It provided that the Secretary of the Interior be notified of impending loss of such resources, and that the agency, or the Secretary, may survey and recover the data and publish the results. It provided for agreement on time limits for initiation and completion of survey and recovery efforts. It requires the Secretary to coordinate, report on, consult with appropriate experts, and distribute funds appropriated for those survey and recovery efforts. It provides that up to 1 percent of the total amount authorized to be appropriated for the Federal activities may be transferred to the Secretary for implementation of the Act, and provides funds for certain other costs. Compliance with this Act presumes prior compliance with Section 106 of the National Historic Preservation Act of 1966 with regard to properties listed in, or eligible for listing in, the National Register of Historic Places (88 Stat. 174).

(16) PL 94-422 (28 September 1976).

This law amended Section 106 of the National Historic Preservation Act to apply to properties eligible for inclusion in the National Register. Additional funding was appropriated to carry out the provisions of the Act, the organization of the Advisory Council was clarified, and the membership was expanded to 29 members. The Council was established as a fully independent agency within the Executive Branch, and authorized to promulgate such rules and regulations it deemed necessary to implement Section 106 of the Act.

(17) PL 95-341, American Indian Religious Freedom Act of 1978.

This act insures the "...inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians including, but not limited to, access to sites, use, and possession of sacred objects and the freedom to worship through ceremonials and traditional rites." The Act requires consultation with Indian leaders (92 Stat. 469, 42 U.S.C. 1996).

(18) PL 95-217, Clean Water Act of 1977 (15 December 1977).

This Act amends the Federal Water Pollution Control Act and extends the appropriations authorization. Section 51 of this Act requires the Environmental Protection agency to enter into written agreements with the Secretaries of Agriculture, Army, and Interior to provide maximum utilization of the laws and programs to maintain water quality. Section 60 of this Act provides for Federal compliance with all Federal, state, interstate, and local requirements, administrative authority, and process and sanctions in the same manner, and to the same extent, as other entities. Section 67 of this Act provides for the processing of permits for dredged or fill material through the Secretary of the Army, acting through the Chief of Engineers and defines requirements to meet in the construction of Federal projects (91 Stat. 1566).

(19) PL 95-632, Endangered Species Act Amendments of 1978 (10 November 1978).

This law amends the 1973 Act (PL 93-205) to establish an Endangered Species Interagency Committee to review proposed actions to determine whether exemptions from certain requirements of the Act should be granted. It prescribes a consultation process between Federal agencies and the Secretary of the Interior, Secretary of Commerce, or Secretary of Agriculture, as appropriate, for carrying out programs for the conservation of endangered and threatened species. It directs agencies to conduct a biological assessment to identify endangered or threatened species that may be present (92 Stat. 3752).

(20) PL 96-95, Archaeological Resources Protection Act of 1979 (31 October 1979).

This Act protects archaeological resources and sites that are on public and Indian lands, and fosters increased cooperation and exchange of information between Governmental authorities, the professional archaeological community, and private individuals. It defined archaeological resources to be any material remains of past human life or activities which are of archaeological resources from public or Indian lands, with special permit and disposition rules for the protection of archaeological resources on Indian lands in light of the American Indian Religious Freedom Act. It provided that information regarding the nature and location of archaeological resources may remain confidential; established civil and criminal penalties, including forfeiture of vehicles and equipment used, fines of up to $100,000 and imprisonment of up to 5 years for second violations for the unauthorized appropriation, alteration, exchange, or other handling of archaeological resources. It also provided rewards for furnishing information about such unauthorized acts. Archaeological resources covered by the Antiquities Act of 1906 are now covered by this Act.

(21) PL 96-159, Endangered Species Act of 1973 (28 December 1979).

This Act expanded the Endangered Species Act to protect endangered plants; required the Secretary of the Interior, when proposing land as critical habitat, to publish a summary of the proposal and a map in the local newspapers; and required Federal agencies to insure their projects "are not likely" to jeopardize an endangered species. It also authorized all those seeking exemptions from the Act to get permanent exemptions for a project, unless a biological study indicates the project would result in the extinction of a species (93 Stat. 1225).

(22) PL 96-366, Fish and Wildlife Conservation Act of 1980 (29 September 1980).

This Act provides funds, to states, to conduct inventories and conservation plans for the conservation of nongame wildlife. It also encourages Federal departments and agencies to use their statutory and administrative authority to conserve and promote conservation in accordance with this Act (94 Stat. 1322).

(23) PL 96-515, National Historic Preservation Act Amendments of 1980 (12 December 1980).

This law amends the National Historic Preservation Act of 1966, and authorizes the Secretary of the Interior to expand and maintain a National Register of Historic Places. Within 1 year after the date of enactment, the Secretary shall establish, in consultation with the Secretary of Defense and other agencies, standards for the preservation of historic properties in Federal ownership or control (94 Stat. 2987).

b. Executive Orders Pertinent to Water Resources.

(1) EO 11514, Protection and Enhancement of Environmental Quality (5 March 1970).

Section 2 of this EO outlines the responsibilities of Federal agencies in consonance with Title I of the National Environmental Policy Act (NEPA) of 1969 (amended by EO 11991, 24 May 1977).

(2) EO 11593, Protection and Enhancement of Cultural Environment (13 May 1971).

Section 2 of this EO outlines the responsibilities of Federal agencies in consonance with NEPA (1969), the National Historic Preservation Act of 1966, the Historic Sites Act of 1935, and the Antiquities Act of 1906. It instructs all Federal agencies to provide national leadership in historic preservation, to assure the preservation of cultural properties in Federal ownership, and to "institute procedures to assure that Federal plans and programs contribute to the preservation and enhancement of non-Federally-owned sites, structures, and objects of historical, architectural, or archaeological significance." It directs all Federal agencies to "locate, inventory, and nominate to the Secretary of the Interior, all sites, buildings, districts, and objects under their jurisdiction or control that appear to qualify for listing in the National Register of Historic Places." The order further established procedures to be followed by all Federal agencies pending completion of the cultural resources inventories.

(3) EO 11644, Use of Off-Road Vehicles on Public Lands (8 February 1972).

This EO establishes a uniform Federal policy regarding the use of vehicles such as trail bikes, snowmobiles, dune buggies, and others on public lands. Section 3 provides guidance for establishing zones of use for such vehicles (amended by EO 11989, 24 May 1977).

(4) EO 11989, Off-Road Vehicles on Public Lands (24 May 1977).

This EO authorized agency heads to close areas or trails within their jurisdiction to off-road vehicles that cause adverse effects to soil, vegetation, wildlife, wildlife habitat, and cultural or historical resources. Fire, military, emergency, and law enforcement vehicles are excluded, when used for emergency purposes. This EO amends EO 11644, 8 February 1972.

(5) EO 11991, Relating to Protection and Enhancement of Environmental Quality (24 May 1977).

Section 1 of this EO amends Section 3(h) of EO 11514 by directing the Council of Environmental Quality to issue guidelines to Federal agencies for implementing procedural provisions of NEPA (1969). These regulations will include procedures for early EIS preparation and require impact statements to be concise, clear, and supported by evidence that the agencies have made the necessary analyses. The Council will resolve conflicts between agencies concerning the implementation of NEPA and Section 309 of the Clean Act, as amended.

(6) EO 11990, Protection of Wetlands (24 May 1977).

This EO restricts Federal agencies from taking action that would destroy or modify wetlands when there is a practical alternative.

(7) EO 12512, Federal Real Property Management (29 April 1985).

This EO requires all executive departments to set annual real property management goals, and designated OMB as the agency to review progress toward those goals. Under the provisions of this EO, project lands are surveyed to identify those areas of real property that are not being utilized, are underutilized, or are not being put to optimum use. Project real property identified as excess to project needs is reported to the General Services Administration for disposal. Revoked EO 12348 of 25 February 1982.

c. Engineer Manuals.

(1) EM 1110-1-103, Design for the Physically Handicapped (15 October 1976).

This manual sets forth criteria for the provision and design of features to make facilities designed by the Corps of Engineers accessible to, and useable by, physically handicapped persons.

(2) EM 1110-2-400, Design of Recreation Sites, Areas, and Facilities (7 July 1972), Change 1, 13 September 1974.

(3) EM 1110-2-410, Design of Recreation Areas and Facilities - Access and Circulation (31 December 1982).

This manual presents data compiled from experience and research that should be useful in the design of access and circulation to recreation sites, areas, and facilities.

d. Engineer Pamphlets.

(1) EP 310-1-6, Graphics Standards Manual (December 1980), Change 1.

This manual is a reference book for use by all Corps activities. It establishes a unified approach regarding the use of Corps logotype and preparation of visual communications. The manual covers use of the logo in business cards, signs, publications, forms, vehicles, and miscellaneous items.

(2) EP 1105-2-35, Public Involvement and Coordination (5 February 1982), Change 1.

This regulation provides guidance for public involvement and coordination in the Corps planning processes.

(3) EP 1165-2-501, Environmental Policies, Objectives, and Guidelines for the Civil Works Program of the Corps of Engineers (18 December 1988).

This regulation provides a summary of the environmental policies, objectives, and guidelines for the Civil Works Program.

e. Engineer Regulations.

(1) ER 202-2-2, Policy and Procedures for Implementing NEPA (1 November 1971), Change 3.

This regulation provides policy and procedural guidance to supplement the Council of Environmental Quality regulations and requirements, as well as consideration related to NEPA.

(2) ER 405-1-12, Real Estate Handbook (20 November 1985), Change 25.

This handbook provides guidance for real estate activity on Corps of Engineers projects.

(3) ER 1105-2-20, Project Purposes Planning Guidance (29 January 1982), Change 3.

This regulation provides policy guidance to project purposes of navigation, flood damage reduction, shore protection, hydroelectric power, recreation, and water supply. The guidance covers the subject of Federal interest, types of projects and facilities provided, and Federal and non-Federal participation. Guidance for the project purposes of fish and wildlife enhancement and water quality is contained in ER 1105-2-50.

(4) ER 1105-2-50, Environmental Resources (29 January 1982), Change 2.

This regulation is consistent with the national policies to both create and maintain conditions under which human and natural environments can exist in productive harmony, and to preserve important aesthetic, historical, and archaeological resources. This regulation provides requirements for environmental resource planning. Chapter 2 provides guidance for the consideration of fish and wildlife resources in Civil Works planning studies. Chapter 3 discusses historic preservation, chapter 4 discusses water quality issues, and chapter 5 discusses aesthetic resources (draft).

(5) ER 1110-1-102, Design for the Physically Handicapped (15 October 1976).

This regulation stipulates procedures and responsibilities to assure compliance with established criteria.

(6) ER 1110-2-400, Design of Recreation Sites, Areas, and Facilities (31 May 1988), Change 1.

This regulation provides information and criteria related to the planning and design of recreation facilities at water resource projects.

(7) ER 1130-2-400, Management of Natural Resources and Outdoor Recreation at Civil Works Water Resource Projects (1 June 1986), Changes 1-2.

This regulation provides policy and procedural guidance for the administration and management of Civil Works water resource projects. The objectives are to manage natural resources on Corps lands to insure their continued availability, to provide outdoor recreation opportunities, and to provide a safe and healthful environment for project visitors. This regulation also requires, and gives guidance for, operational management plans.

(8) ER 1130-2-405, Use of Off-Road Vehicles on Civil Works Projects (17 January 1974).

This regulation provides uniform policies, procedures, and criteria for designations of project lands where use of off-road vehicles will and will not be permitted.

(9) ER 1130-2-411, Regulation of Seaplane Operations at Civil Works Water Resource Development Projects (15 November 1977).

This regulation is designed to provide uniform policies and criteria for designating Corps projects, or portions thereof, at which seaplane operations are prohibited, restricted, or allowed.

(10) ER 1130-2-413, Pest Control Program for Civil Works Projects (1 February 1982).

This regulation is to assign responsibilities and prescribe procedures concerning the use of chemicals in the Corps' pest control program at all civil works projects.

(11) ER 1130-2-435, Project Operations Preparation of Master Plans (30 December 1987).

This regulation provides policy and procedure for the conduct of the Corps' Civil Works Master Planning Program, as well as guidance for the preparation of master plans.

(12) ER 1165-2-400, Recreation Planning, Development, and Management Policies (9 August 1985).

This regulation defines the objectives and basic policies governing planning, development, and management of outdoor recreation resources, as well as enhancement of fish and wildlife at Corps of Engineers water resource projects.

Supporting Data - Item 3

Pertinent Data (September 1993)

Supporting Data - Item 4

Geographic Information Systems

a. Regional Files.

b. Mill Creek Project Files.

c. Project Features.

Supporting Data - Item 5

List of Aerial Photography

Supporting Data - Item 6

Mill Creek Lake - Total Monthly Evaporation
Whitman Mission, Washington
(Elevation 623)

Supporting Data - Item 7

Vegetation Inventories

7.01. Vegetation Inventory.

The following table lists plant species found in the terrestrial habitats at Mill Creek Project. The source for this table was the Mill Creek Lake Final Environmental Impact Statement (1975).

Vegetation inventory for five areas at Mill Creek Project, Walla Walla, Washington.

/a/ Units are as follows:

1-Forebay
2-Diversion Canal
3-Lake
4-Lake Road
5-Mill Creek Channel

Supporting Data - Item 8

Songbird Inventory

8.01. Songbird Inventory.

The following table lists songbird species found or believed to occur in terrestrial and/or adequate habitats at the Mill Creek Project.

Supporting Data - Item 9

Fish Inventory

9.01. Fish Inventory.

The following table lists 22 fish species found or believed to occur in Mill Creek or Virgil B. Bennington Lake.

9.02. Endangered Species.

At this time, no endangered or threatened species occur at Mill Creek or Virgil B. Bennington Lake, but bull trout have been petitioned for listing.

Supporting Data - Item 10

Real Estate Map

Mill Creek Project Real Estate Map

Supporting Data - Item 11

Carrying Capacity Methodology
Project Recreation Capacity

1. Carrying Capacity Concept.

A knowledge of the carrying capacity of a recreation area is an important step in making decisions concerning the planning, use, management, and development of the area. Methodology for determining carrying capacity at the Mill Creek Project was taken from Recreation Carrying Capacity Handbook: Methods and Techniques for Planning, Design, and Management, published by the U.S. Army Corps of Engineers Waterways Experiment Station (Instruction Report R-80-1, July 1980).

Recreation carrying capacity is a measure of the capability of a recreation resource to provide the opportunity for satisfactory recreation experiences, over a period of time, without significant degradation of the resource. Carrying capacity has two components: 1) social capacity; and 2) resource capacity. Social capacity is the amount of usage a recreation resource can receive before the users no longer achieve a reasonable level of satisfaction. Overcrowding occurs when the social capacity is exceeded. Resource capacity is the amount of usage a recreation resource can receive before irreversible biological deterioration takes place, or degradation of the resource makes it unsuitable or unattractive for recreation use. Overuse occurs when the resource capacity is exceeded. If there is a difference between resource and social capacities, then the capacity is determined by the lesser of the two. There may not be sufficient user demand to sustain the level of use at carrying capacity, and such a level of use may not be cost-effective.

2. Social Carrying Capacity.

a. Methodology.

The methodology for determining social carrying capacity, as outlined in the handbook referenced above, was used to establish the social capacity of Virgil B. Bennington Lake to support non-motorized boating, boat fishing, shoreline fishing, swimming, camping, picnicking, and trail use.

The methodology provides a step-by-step process for determining the distance users prefer between themselves and other user groups. The results of the process should not be considered absolute measures of social capacity but, rather, guidelines to be measured against other factors (i.e., resource capacity, management objectives, cost and demand) in determining ultimate facility development levels.

The methodology has two basic elements: 1) preference distribution; and 2) social capacity factors. Both were developed based on a survey of visitors at selected Corps of Engineers projects nationwide. Preference distributions define, for a variety of recreation activities, the range of distances (planning range) that the majority of users have indicated they prefer to have between themselves and other users. Each preference distribution is further divided into several preference groupings. Each grouping identifies the percentage of users who prefer to be in the distance range of that grouping. In other words, preference groupings identify the amount of spacing preferred by different percentages of users. Some users have a higher density social capacity than others.

Social capacity factors for each activity consist of a list of site and user characteristics that affect the spacing preferences of users (see figure SD11-1). Each factor has different levels (e.g., in table SD11-1, the factor "Level of Development" has three levels: "High," "Moderate," and "Limited"). Each factor level has a variance value. This variance value is the number of units of distance that the factor level will shift the preference distribution (e.g., in figure SD11-1, a "High" level of development has a variance value of -2). This indicates a need to shift the planning range two units to the left because less spacing between user groups is required.

In order to tailor the preference distribution to a particular activity area, in this case the Mill Creek Project, the social capacity factors are subjectively evaluated based on the existing and expected conditions of the lake. Variance values are assigned that best represent these conditions. The values are then totaled and used to determine the net effect of the social capacity factors on preference distribution. The preference distribution for the activity is then shifted by the number of distance units equal to the net effect. A positive net effect will shift the preference distribution to the right (greater spacing and lower density), while a negative net effect will shift the preference distribution to the left (closer spacing and higher density). The modified distribution chart illustrates the new group ranges, midpoints, and areas/densities.

Midpoints are used for distance guidelines. It is important to recognize that the system will yield a guideline that satisfies the preferences of each separate grouping. Therefore, in figure SD11-2, 25 percent of the users prefer spacing of ½ unit, 20 percent prefer spacing of 2 units, 30 percent prefer 4 units, and 25 percent prefer 6 units. Ideally, areas should be developed to meet these preferences, but each recreation area need not provide for every preference grouping.