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Greene County Grassland Habitat Protection Plan February 2003

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Page 1: Greene County Grassland Habitat Protection Plan...907 County Office Building, Cairo, NY 12413 (518) 622-3620 Contact; Greene County Grassland Habitat Protection Plan 3 Figure 1: The

Greene CountyGrassland Habitat Protection Plan

February 2003

Page 2: Greene County Grassland Habitat Protection Plan...907 County Office Building, Cairo, NY 12413 (518) 622-3620 Contact; Greene County Grassland Habitat Protection Plan 3 Figure 1: The

Greene County Grassland Habitat Protection Plan

I. Background

II. Habitat Impacts

III. Protection Plan Goals

IV. Protection Plan Management

V. Protection Plan Components

A. On-site Habitat Areas

B. New Acquisitions

C. Future Buffers

D. Multi-use Conservation Areas

1. Stormwater Management Areas

2. Development Buffers

3. Project Sequencing

E. Mitigation Lands Summary

F. Implementation Schedule

VI. Education & Public Access

VII. Project Funding

VIII. Summary

Greene County Soil & Water Conservation District907 County Office Building, Cairo, NY 12413

(518) 622-3620www.gcswcd.com

Contact;

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3Greene County Grassland Habitat Protection Plan

Figure 1: The Northern Harrier is a primaryspecies of concern addressed by theGHPP (Photo USGS).

Rene’ VanSchaack, Executive [email protected]

I. Background

During the review of the proposed Greene Business Park potential impacts to habitat usedby the Northern Harrier Hawk (Marsh Hawk) and other birds species which utilize open fieldswas raised by reviewers at the local, state and federallevel. As noted by NYSDEC in their memo of 8/30/02, theNorthern Harrier is listed by NYSDEC as Threatened, andis the primary species of concern for habitat impacts in theproject area. While the ACE has not identified habitatimpacts as a primary concern in their review of the GreeneBusiness Park proposal, comments submitted by the USFish & Wildlife Service to the ACE ( D. Stilwell 9/17/02)recommended that the ACE should require the GreeneIDA to work with the NYSDEC and New York NaturalHeritage program to address Northern Harrier impacts.Additionally, written comments offered by several localresidents also identified the Northern Harrier as theprimary species of concern. Several other species,including the Upland Sand Piper, were also noted byvarious project reviewers to be vulnerable to the loss ofhabitat.

In each case, project reviewers requested that the GreeneCounty IDA undertake additional assessments of habitatimpacts and to revise the proposed mitigation plans toinsure adequate protection for bird species, which may be impacted by development of thebusiness park project. The Greene County IDA enlisted the assistance of the Greene CountySoil & Water Conservation District (GCSWCD) to evaluate the proposed mitigation activitiesin the DEIS, and to assist the IDA in preparing an alternate mitigation strategy which wouldsatisfy the interests of all stakeholders. Early in the process, the GCSWCD and GreeneCounty IDA recognized the mitigation of impacts for grassland species of concern would haveto consider the broader potential impacts associated with future activities in the route 9Wcorridor even though there are no specific plans for other properties in the area. To that end,this Habitat Protection Plan incorporates a 151 acre parcel to the north of the Dunn Parcel(hereinafter referred to as the “Schmidt Property”). By recognizing the development potentialof the Schmidt Property, even though there are no specific plans or time line to develop it, theHabitat Protection Plan will act much like a zoning overlay district: it provides an additionaldevelopment control and preemptively mitigates potential environmental impacts.

While the following plan appears focused on the Northern Harrier, in fact the primary goal ofthe Grassland Habitat Protection Plan is to provide for maximum biological diversity. Theplan’s success lies in the development of a well rounded team of technical advisors who can

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Figure 2:Fields such as this section in the SE corner of thePrescott property rapidly lose habitat value for Northern Harrieras they revert to shrub/forest cover.

identify all potential benefits of the project, and to identify specific opportunities formanagement or improvements to the conservation lands to be established under themitigation plan.

II. Habitat Impacts

In recent years, biodiversity has been aprimary focus of both state and federalagencies, as well as a wide range ofconservation organizations. It has beenrecognized that the preservation ofspecies of concern can only be effectivewhen resource managers can protect andmaintain suitable natural habitat. While inmost cases, development or otheractivities of mankind present the primarythreat to habitat, in some cases habitatlosses have been impacted even moresignificantly by the lack of human activity.In the case of bird species such as theNorthern Harrier, which rely on open fieldhabitats, the continuing decline of thesmall family farm, and the associatedinactivity on large tracts of former agricultural lands has had an impact on these species.Greene County, like most rural areas in America, has experienced a steady decline inagriculture land use, and as a result open field conditions, which once provided plentifulnesting and/or forage habitat, are rapidly reverting to shrub or forest condition.

As noted in the Greene County Business Park DEIS, the proposed project will impactapproximately 57 acres of property on the former Dunn and Prescott parcels, which ischaracterized by a land cover known to be suitable for use by Northern Harrier Hawks, UplandSandpipers and other species. While the Business Park site is currently suitable for nestingand/or forage by Northern Hawks and other grassland species, it must be noted that activitiesdirectly related to the efforts of the Greene County IDA created and/or maintained theseconditions. Prior to the IDA’s interest in the late 1990's, the properties were in the advancingstages of succession (Prescott), dominated by dense woody shrubs and small trees. In aneffort to improve the marketability of these properties, the Greene County IDA had the sitesmowed, thus restoring open fields which created suitable habitat for use by Northern Harriersand other grassland species.

While the Greene IDA recognizes that the development of the Greene Business Park can beexpected to have impacts on the Northern Harrier and other grassland species, the alternativeto the proposed development would also be reasonably expected to have a similar, if not

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Figure 3: Intensive hay production often limits nesting activities dueto timing of cutting but provides suitable forage habitat

greater detrimental impact on Northern Harrier Hawk habitat over the long term. In theabsence of the proposed development, and the associated activities of the IDA (establishingand maintaining conservation lands), these properties would continue to revert to forest coverwith a loss of grassland habitat. On the other hand, regardless of the current Greene BusinessPark proposal, these properties would still be valued for development due to their location onroute 9W, proximity of the Thruway and the presence of water/sewer infrastructure. As such,alternate development activities would not only be a certainty, but they would most likely moveforward in a “piece meal” fashion in the absence of a coordinated effort such as the proposedGreene IDA project.

Regardless of the arguments for oragainst the preservation ofgrassland habitat associated withthe Greene Business Park, theGreene County IDA has a sincereinterest in undertaking their currentand future efforts in a manner whichwill be viewed as a model fori n t e g r a t i o n o f e c o n o m i cdevelopment needs, environmentalprotection and maintenance of“quality of life” issues common torural areas. The urgency ofgrassland habitat protection shouldnot be viewed solely as theresponsibility of the Greene CountyIDA.

However, they do recognize the concerns of the NYSDEC, USFWS and the multiple citizenswhich commented on the project. The Greene County IDA proposes that the mitigation efforts,as set forth in this plan, should serve as a catalyst for a coordinated effort by all interestedparties to work towards long term, sustainable, protection of grassland habitats. Working withthe Greene County Soil & Water Conservation District (GCSWCD), the Greene County IDA,has developed a grassland habitat protection plan which it feels is second to none. In thecollective experience of the Greene County IDA, the GCSWCD and their multiple consultants,this plan far exceeds any previous efforts in the region to address habitat protection. In thefollowing sections, the Greene County IDA and GCSWCD have provided a framework fordevelopment of a long range vision for habitat protection.

III. Protection Plan Goals

In addition to consideration of the comments presented by local, state and federal reviewers

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of the Greene Business Park DEIS, the GCSWCD developed the following broad goalsbased on knowledge of biodiversity and habitat protection interests on a broader regionalbasis. These goals should be considered in draft form until the GCSWCD convenes a projectadvisory committee which can review and revise the goals, as well as refine specificobjectives as appropriate.

• Implement an effective strategy for mitigation of grassland habitat impacts associatedwith the development of the Greene Business Park, as well as reasonably expectedfuture impacts in the immediate project area.

• Develop the technical and administrative infrastructure necessary to effectively supportrefinement of the mitigation plan, implementation of habitat improvements and the longterm management requirements of the mitigation plan.

• Work cooperatively with regional interests such as NYSDEC Division of Wildlife,Hudson River Estuary Program, Hudson River Valley Greenway and others tomaximize the ability of the mitigation plan to address regional interests in biodiversityconservation.

• In partnership with local, state and federal groups, utilize the mitigation effortsproposed by the Greene County IDA as a catalyst for further protection of importantgrassland, wetland and other habitat areas in Greene County.

IV. Protection Plan Management

To provide for further refinement of this mitigation plan, and to successfully meet the plansgoals, the Greene County IDA will enter into an agreement with the Greene County Soil &Water Conservation District to serve as Project Coordinator. Under the agreement,GCSWCD activities may include, but are not limited to, the following responsibilities:

1. The GCSWCD will convene an expert panel comprised of local state and federal agencies,non-governmental organizations and interested citizens, to complete the refinement of thismitigation plan and develop site specific recommendations for habitat improvements andmanagement. The GCSWCD will invite the following interested groups to participate on theadvisory committee. Other interested parties will be added as identified.

• Greene County IDA• Greene County Soil & Water Conservation District• NYSDEC Division of Fish, Wildlife and Marine Resources• NYSDEC Hudson River Estuary Program• Hudson River Valley Greenway• Audubon ( Eastern NY & Northen Catskills Chapters)• Nature Conservancy

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Figure 4: Over 100 acres of current open fields will be secured as a component of the Grassland HabitatProtection Plan.

• NYSDOS Coastal Zone Program• Columbia-Greene Community College• Local Citizens ( commenters to DEIS will be invited)

2. The GCSWCD will provide services to the Greene IDA as required to supportimplementation and/or management of the mitigation plan. Such activities may include designand construction of wetlands, and maintenance of appropriate landcover among others.

3. The GCSWCD will hold permanent conservation easements on all properties designatedfor management under the mitigation plan. NYS Soil & Water Conservation District lawspecifically authorizes the holding and maintenance of conservation easements by Soil &Water Conservation Districts.

4. The GCSWCD will over see day to day administration of the mitigation plan to includecoordination of the project advisory committee, coordination with the appropriate regulatoryagencies, monitoring of the reserve sites to prevent unauthorized uses, and other activitiesas may be required to advance the mitigation pan.

V. Protection Plan Components

The underlaying goal of the mitigation plan is to provide long term protection of land which canbe maintained in the appropriate form for use by grassland species. It must be recognized thatunlike traditional mitigation strategies involving land preservation, the grasslands mitigationplan will require a significant commitment to future management. While it is typical for adeveloper to acquire and protect lands such as forest and wetland as mitigation for theiractivities, in most cases these mitigation sites do not require active or long term management.Conversely, conservation of suitable grassland habitat will require some level of activemanagement to maintain the lands in an open condition.

As proposed, the mitigation plan has several primary components categorized by the types

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of lands included in the mitigation plan, the potential mitigation benefits of specific tracts andthe current/proposed use of these lands. The mitigation plan integrates on-site conservationbuffers, new acquisitions and management of property for multiple uses to maximize thesuitable habitat in the area.

A. On-site Habitat Areas

This category of mitigation lands is associated with the Greene County IDA Properties as wellas undeveloped lands owned by GBTP tenents. The on-site habitat areas includes theconservation buffers previously proposed by the Greene IDA for the Greene Business Parkas well as additional buffer lands to be provided on the project site. As shown on theattached map, on-site conservation land will include approximately 59 acres on the north andeast borders of the Greene County IDA property, as well as approximately 40 acresencompassing the southern portion of the Prescott property. (Design Sheep SWM-03)

1. North/East Project Boundary - these lands consist of approximately 59 acres,located along the north and eastern sides of the project. The land is characterized asapproximately 40 % woodland and 60% open field. Of the open field sections,approximately 50 % are located in NYSDEC wetlands or wetland buffers and areprotected by state law. The open space habitat in the DEC buffer has been createdand maintained by agricultural activities and the mitigation plan proposes to managethese areas so as to maintain suitable habitat conditions.

2. South Project Boundary - these lands consist of approximately 40 acres of thePrescott property nearest to the Coxsackie creek and Mansion street. While the initialmitigation plan provided for approximately 20 acres of this section of the property tobe placed in permanent conservation, the Greene IDA now proposes to make thisentire section of the property available for habitat protection. After consideration ofexisting DEC protected wetland areas on this site, approximately 25 acres of the siteare outside the protected wetlands and would be reasonably considered suitable fordevelopment. Approximately 10 acres are currently in suitable habitat condition, andthe IDA will convert the remaining 15 acres to suitable habitat as a component of thefinal detailed mitigation implementation plan.

3. Undeveloped Lands - As individual tenants developed their sites in the GBTP,unused space around and between building sites may provide additional habitatbenefits. While tenants will require some level of traditional landscaping, excess landswill be evaluated on a case by case basis. The GCSWCD and project advisorycommittee will review GCIDA development plans and will evaluate potential habitatbenefits which could be integrated into final landscaping designs. The GCSWCD andadvisory committee will develop specific recommendations for vegetative cover andmanagement of any appropriate areas.

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Figure 5: Section of Coxsackie Creek and riparianwetlands protected on both sides by Parcels #2 and#3.

B. New Acquisitions

The primary component of the mitigation plan is a commitment by the Greene IDA toundertake acquisition of additional lands for the express purpose of providing permanentprotection of habitat. The new acquisitions include a total of three separate parcels which willbe used to meet the immediate needs of the Greene Business Park, and to offset potentialfuture impacts on the Schmidt property. In addition to the benefits which will be realized mymaintaining this valuable open space, the acquisitions have been planned in order to providea continuous buffer with the buffers to be created on the Greene County IDA property, and theyeffectively protect the project from development west and south of the Greene Business Park.These properties will also provide for protection of the Coxsackie Creek corridor for adistance of over one (1) mile. The new acquisitions include:

Parcel #1 - A 13 acre parcel adjoins the GreeneIDA property on the east. This property isadjacent to on-site mitigation area #1 and isbounded by the Coxsackie creek as well asAcquisition Parcel #2. The site is characterizedby wet meadow, emergent wetland and uplandareas which are covered by a mix of grass, smalltrees (< 12') and brush. The parcel will requireimmediate maintenance to remove the woodyvegetation and promote additional herbaceousgrowth. The parcel is an important component inlinking the on-site conservation buffers and thenew acquisitions of parcels #2 and #3. Theparcel also contains a fiber optic line, gastransmission line and a buried telephone spurline.

Parcel #2 - A 101 acre parcel adjoins theGreene IDA property on the east and which isbounded by the Coxsackie Creek as well asAcquisition Parcel #1. The parcel contains landon both the east and west sides of the railroadtracks. The site is dominated by open fields ofgrass mixed with alfalfa and have beenintensively farmed for hay production for manyyears. The property contains approximately 15acres along its western boundary which islocated in protected wetlands for wetland buffers.The Greene County IDA proposes to work withthe GCSWCD to investigate the creation of

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Figure 6: Wetland on the Schmidt property in the proposed conservation buffer.

additional wetlands on this property to further enhance habitat conditions.

Parcel #3 - A 20 acre parcel adjoins Acquisition Parcel #2 on the south, and is currently in thesame ownership as parcel #2. The property is only distinguished by the fact that it is locatedwithin the village of Coxsackie limits and is a separate tax parcel. The property is identical toparcel #2 in regards to current condition and management requirements.

C. Future Buffers

As stated previously, the Greene County IDA has identified the need to address possibledevelopment pressures over the long term. While the development options for the Schmidtproperty are unknown at this time, this plan proposes that approximately 75 acres, or 50% ofthe Schmidt property be set aside in conservation buffers. As the Greene County IDAadvances planning efforts for this parcel, the preservation of these buffers will be maintained,and studied in greater detail in future environmental assessments.

D. Multiple Use Conservation Areas

In addition to the lands described above, the mitigation plan includes some components whichare termed “multiple use” sites. These would include those areas used for stormwater

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Figure 7: Stormwater features such as this new drainageswale can provide multiple benefits.

management, buffers between development areas and staged development. These are brieflydescribed below:

1. Stormwater Management Areas- The Greene IDA is committed to developingproject stormwater management features that can provide multiple benefits.Stormwater features designed forwater quality treatment will be basedon constructed wetland methods, andwill provide suitable habitat forgrassland birds through most of theyear. The projects strategy to addressstormwater from larger storms, willfocus on using shallow flooding overlarger tracts of land which may allowthe stormwater management feature tohave a dual function as habitat.Stormwater impoundments will bedesigned as wet meadows which willexperience shallow flooding for a shortperiod after extreme storm events. Thedesign of these features will provide for stormwater basin contouring such that lowmounds of land will not be flooded and can serve as nesting locations. Dual use areaswill be provided in several locations on the Dunn/Prescott property, in addition to thelands described above as well as on approximately 5 acres of Acquisition Parcel #1.

2. Development Buffers - The Greene IDA will revise the project vegetation plan toeliminate the establishment of new forest and/or shrub areas in the buffer betweenareas of development. All reasonably available space between development sites willbe managed to maximize benefits for grassland birds. This includes the area betweenthe centrally located distribution facility footprint and the north access road.Additionally, the Greene IDA will educate all business park tenants on the importanceof grassland habitat, and will work with each user to minimize the impact on suitablegrasslands. As possible, buffers behind and between buildings will be managed topromote habitat. The Greene County IDA will work with potential Business Parktenants to undertake final building/facility designs so as to further reduce impacts onhabitat. For example, the large central distribution use will be designed such that alltruck traffic and activities are located at the front of the building, lessening the impactfrom this facility in the rear of the property.

3. Project Sequencing - As noted on NYSDEC comments, it is expected that thebusiness park will be developed over a 5-7 year period. Until such time that the parkreaches its build out condition, the Greene IDA will maintain undeveloped lands insuitable habitat conditions. This will allow for a transition period during which habitat

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conditions on the new acquisition lands can be established. As reasonably possible,the Greene IDA will attempt to undertake development of the business park such thatthe western most parts of the property are developed first. The IDA does not proposeto develop the north access road to the rear of the property until parcels on the front ofthe site have been sold, and the IDA has the capitol resources for the roaddevelopment.

E. Mitigation Lands Summary:

Based on this proposal, the Greene County Grassland Habitat Protection Plan effectivelyaddresses both current and future development activities on 6 parcels totaling 493 acres inthe area of the Business Park. As proposed by the Greene County IDA, only 185 (37%)acres will be subject to development over the long term, with 308 acres (63%) protected bypermanent conservation easements. For every acre of proposed development, 1.6 acres ofland will be set aside with no development allowed. Again, while the Grassland HabitatProtection Plan recognizes that a certain portion of these properties is currently protected bystate and federal wetland regulations, these areas will benefit from the increased buffer andthe reduced potential for unauthorized disturbance which would be reasonably expected in theabsence of a formal protection strategy.

The following table summarizes the various components of the mitigation plan. The tableapproximates the number of acres which would be considered currently protected by NYS orFederal wetland designations as well as the acreage which would be subject to futuredevelopment if not preserved. The GCSWCD will be working to refine these calculations. See attached figure entitled “Grassland Habitat Protection Plan” for further information on thelocation of these areas..

Habitat Area Total Acres

ProtectedAcres

Currently Protected

New Protection

1. On-site (north/east)209

59 34 25

2. On-site (south) 40 15 25

3. New Property #1 13 13 6 7

4. New Property #2 101 101 15 86

5. New Property #3 20 20 3 17

6. Future Buffers (Schmidt) 150 75 25 45

Totals 493 308 98 205

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F. Land Acquisition Schedule

Upon receipt of final regulatory approvals from the ACOE and NYSDEC, the GCIDA willimmediately move forward with acquisition of the properties as described in this plan. At thistime, the GCIDA holds options or owns 295 of the 308 acres proposed under this plan. TheGCIDA has secured a final purchase price and has exclusive rights to the acquisition of theGaffney properties to the east/southeast. The GCIDA has been working with the landowneron final details of the purchase, a property survey has been completed and a final contract ofsale will be executed as soon as permits are in hand. The remaining 13 Ac parcel to the southis not under option, but the GCIDA has initiated activities to acquire the property. Within 30days of the receipt of regulatory approvals, the GCIDA will complete a new appraisal andinitiate final negotiation with the landowner. Acquisition will be completed within six (6) monthsof receipt of regulatory approvals.

VI. Education & Public Access

During the development of the Grassland Habitat Protection Plan, the Greene County Soil &Water Conservation District and Greene County IDA have discussed a number ofopportunities for using the plan as a vehicle to increase public knowledge and support forhabitat protection. While the GCSWCD and Greene County IDA will look to the projecttechnical advisory committee to help determine end uses of the conservation lands, someideas that have been identified include:

• Providing public access for low impact (hiking) access to the site. Access can bedeveloped to provide a trail system which will have minimal impacts on theenvironment as well as low potential to disturb the species of concern. The GreeneCounty IDA feels that providing access to a trail system which can be used byBusiness Park workers on their breaks will be a desirable feature for potential tenants.

• The GCSWCD proposes to develop a formal program by which local businessinterests can support habitat protection. A program by which corporations can pledgeto support habitat goals can be an effective way to insure success of the projects.Similar projects, such as the “Bay Friendly” program in the Chesapeake Bay havebeen very effective in bridging the perceived differences in values held by developmentverse protection interests.

• The GCSWCD will work with the Coxsackie-Athens High School and as ColumbiaGreene Community College to integrate the Grassland Habitat Protection Plan intoexisting educational programs. In the case of Coxsackie Athens, the school offers apopular advanced level Environmental Studies program which focuses on localenvironment. The School has been monitoring the Coxsackie Creek for over 2 yearsand additional studies of habitat and the environment can easily be added to the

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program. Additionally, the CGCC has been developing an Environmental Studiesprogram and the GCSWCD feels there is excellent potential to integrate the “realworld” activities of the habitat protection plan into various levels of the students studies.

VII. Project Funding

The Greene County IDA will provide adequate funding to implement all components of thisplan, including acquisition, administration and management of the properties. The GCIDA willdirectly fund all tasks identified in the GHPP. The GCIDA is committed to providing fundingfor implementation of this plan, but will also work with the GCSWCD to identify any state orfederal grant funds which may be available for various plan components.

VIII. Summary

In summary, the Greene County IDA and the Greene County Soil & Water ConservationDistrict feel that the proposed habitat protection plan is aggressive, and should be welcomedby all parties as an excellent example of meeting multiple goals. All together, the plan providesa comprehensive review of over 493 acres in the commercial and industrial zones ofCoxsackie, which have been evaluated in an organized manner. Of the 493 acres zoned fordevelopment, this plan will protect 308 acres. While some interests would take the extremeapproach that these land should never be developed, that vision is clearly not reasonable. TheGreene County IDA would challenge any party to identify a project of a similar nature in thisregion which has proposed such high goals for mitigation of habitat goals.

In the absence of the Greene County IDA and their partnership with the GCSWCD, it is highlylikely that development of these multiple parcels would occur in a manner such that thecumulative impacts would not be as adequately addressed. In many ways, the Greene CountyIDA presents the best hope for local development patterns which are consistent with soundenvironmental protection. If these 6 parcels were developed over time by 6 different entities,each with their own environmental ethics and their own economic goals, it would bereasonable to expect that the areas natural resources would experience far greater impactsin the future. The Greene County IDA looks forward to working with the various interestsidentified during the DEIS process to make this plan a model for future development.

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