Programmatic Environmental Assessment
NYS Early Warning Weather Detection System
TABLE OF CONTENTS: APPENDICES
APPENDIX A: Documents ....................................................................................................................... 2 Document A – Record of Environmental Consideration ..................................................................... 3 Document B – List of Coastal Waterbodies and Designated Inland Waterways............................ 11 Document C – Descriptions of New York State Vegetation by Ecoregion ...................................... 13 Document D – New York State Prohibited and Regulated Invasive Species.................................. 21 Document E – Migratory Birds of Conservation Concern ................................................................. 24 Document F – USFWS Federally Listed Species................................................................................. .28 Document G – Bald and Golden Eagle Life History and Distribution in New York .................... 34 Document H – USFWS Guidelines for Communication Tower Design .......................................... 35 APPENDIX B: Figures ............................................................................................................................. 38 Figure A – Proposed Weather Station Locations................................................................................. 39 Figure B – Proposed Weather Station Design ...................................................................................... 40 Figure C – New York State Coastal Boundary Map............................................................................ 50 Figure D – Ecoregions of New York...................................................................................................... 51 Figure E – Designated Critical Habitat for Listed Threatened and Endangered Species .............. 52 Figure F – Wild and Scenic Rivers in New York State ........................................................................ 53 APPENDIX C: Tables .............................................................................................................................. 54 Table A – National Ambient Air Quality Standards........................................................................... 55 Table B – Current Nonattainment Counties for All Criteria Pollutants........................................... 56 Table C – Minority Populations in the Counties of New York.......................................................... 57 Table D – New York State Counties Median Income, Poverty and Unemployment Rates........... 60 Table E – Poverty levels, unemployment rates and median income by county ............................ 62 Table F – Thresholds for Preparing Tiered Site-Specific Environ mental Assessments ................ 64 APPENDIX D: Correspondence............................................................................................................. 69
Correspondence A – USFWS Response Letters …………………………………………... ............... 70
Appendix A: Documents
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Document A – Record of Environmental Consideration
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Record of Environmental Consideration
See 44 Code of Federal Regulation Part 10.
Project Name/Number: NYS Early Warning Weather Detection System, HMGP Application #2474
Project Location: County Name County, Site Name (Site#X), (Latitude, Longitude)
Project Description: The overall project calls for construction of 125 surface weather stations (called
Mesonet stations) to detect weather phenomenon across the entire State. In addition, 17 sites will be
equipped and enhanced with additional instrumentation to remotely gather meteorological data above
the ground using state-of-the-art profiling technology. This Mesonet station is one of 17/108 weather
stations with 10 m (~33 ft)/ 30 m (~98 ft) tall towers. The locations for these proposed whether
stations have been chosen to take advantage of publically owned land, including SUNY campuses,
affiliated community colleges, but some locations are also more remote. This site is located
_____________. The 10 m (~33 ft)/ 30 m (~98 ft) tall tower has a footprint of 10 x 10 m (~33 x 33 ft)
/ 30 x 30 m (~98 x 98 ft), including a perimeter security fence and guy wire supports. Power will be
provided by either photovoltaic panels or the existing utility grid, with back-up generators.
Documentation Requirements
No Documentation Required (Review Concluded)
All consultation and agreements implemented to comply with the National Historic
Preservation Act, Endangered Species Act, and Executive Orders 11988, 11990 and 12898 are
completed and no other laws apply. (Review Concluded)
(Short version)
All applicable laws and executive orders were reviewed. Additional information for
compliance is attached to this REC.
(Long version)
National Environmental Policy Act (NEPA) Determination
Statutorily excluded from NEPA review. (Review Concluded)
Categorical Exclusion - Category
Type Single Project
No Extraordinary Circumstances exist.
Are project conditions required?
Yes (see section V)
No (Review Concluded)
Extraordinary Circumstances exist (See Section IV).
Extraordinary Circumstances mitigated. (See Section IV comments)
Are project conditions required?
Yes (see section V)
No (Review Concluded)
Environmental Assessment required. See FONSI for determination, conditions and
approval.
Environmental Assessment required. See FONSI for determination, conditions and approval.
Comments: NEPA: State of New York, County Name County (Lat, Long), Category F: New construction of weather
monitoring towers and installation of associated equipment in previously disturbed areas that utilize existing infrastructure
righs-of-way (0% complete). FEMA has determined that the following categories of actions have no significant effect
on the human environment and are, therefore, categorically excluded from the preparation of environmental impact
statements and environmental assessments except where extraordinary circumstances as defined in 44 CFR 10.8(d)(3).
The SOW meets CATEX (IX) for the acquisition, installation, or operation of utility and communication systems that
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use existing distribution systems or facilities, or currently used infrastructure rights-of-way. or NEPA: State of New York,
County Name County (Lat, Long), Category F: New construction of weather monitoring towers and installation of associated
equipment in previously on previously undeveloped land. Due to the extraordinary circumstance of the presence of
endangered or threatened species or their critical habitat, or archaeological, cultural, historical or other protected resources,
and environmental assessment of the proposed action was required. See the attached FONSI and Programmatic
Environmental Assessment.
Reviewer and Approvals
FEMA Environmental Reviewer.
Name:
Signature
. Date
.
FEMA Regional Environmental Officer or delegated approving official.
Name:
Signature
I.
. Date
.
Compliance Review for Environmental Laws (other than NEPA)
A. National Historic Preservation Act
Not type of activity with potential to affect historic properties. (Review Concluded)
Applicable executed Programmatic Agreement . (insert date) Otherwise, conduct standard Section 106 review.
Activity meets Programmatic Allowance #
Are project conditions required?
Yes (see section V)
No (Review Concluded)
HISTORIC BUILDINGS AND STRUCTURES
No historic properties 50 years or older in project area. (Review Concluded)
Building or structure 50 years or older in project area and activity not exempt from review.
Determination of No Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file)
Are project conditions required?
Yes (see section V)
No (Review Concluded)
Determination of Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file)
Property a National Historic Landmark and National Park Service was provided early notification
during the consultation process. If not, explain in comments
No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file).
Are project conditions required?
Yes (see section V)
No (Review Concluded)
Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file)
Resolution of Adverse Effect completed. (MOA on file)
Are project conditions required
Yes (see section V)
No (Review Concluded)
ARCHEOLOGICAL RESOURCES
Project affects only previously disturbed ground. (Review Concluded)
Project affects undisturbed ground.
Project area has no potential for presence of archeological resources
Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence or
consultation on file). (Review Concluded)
Project area has potential for presence of archeological resources
Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence on file)
Are project conditions required
Yes (see section V)
No (Review Concluded)
Determination of historic properties affected
NR eligible resources not present (FEMA finding/SHPO/THPO concurrence on file).
Are project conditions required Yes (see section V)
No (Review Concluded)
NR eligible resources present in project area. (FEMA finding/ SHPO/THPO concurrence on
file)
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No Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file)
Are project conditions required?
Yes (see section V)
No (Review Concluded)
Adverse Effect Determination . (FEMA finding/ SHPO/THPO concurrence on file)
Resolution of Adverse Effect completed. (MOA on file)
Yes (see section V)
No
Are project conditions required?
(Review Concluded)
Comments:
NHPA: Per consultation with the SHPO initiated on 07/01/2014 and completed on XX/XX/XXXX (and the NYCLPC
initiated on 07/15/2014 and completed on XX/XX/XXXX) FEMA has determined that the proposed scope of work will
have no effect/ no adverse effect to historic properties. Please see attached correspondence. Section 106 consultation
was initiated with appropriate Tribal representatives by letter on 11/10/2014. To date, some responses have been received
with requests for the findings of the archaeological surveys. Consultation is ongoing.
Correspondence/Consultation/References:
B. Endangered Species Act
No listed species and/or designated critical habitat present in the action area. (Review Concluded)
Listed species and/or designated critical habitat present in the action area.
No effect to species or designated critical habitat. (See comments for justification) (Review Concluded)
May affect, but not likely to adversely affect species or designated critical habitat (FEMA
determination/USFWS/NMFS concurrence on file) (Review Concluded)
Likely to adversely affect species or designated critical habitat
Formal consultation concluded. (Biological Assessment and Biological Opinion on file)
YES (see section V)
NO (Review Concluded)
Are project conditions required?
Comments:
Correspondence/Consultation/References:
C. Coastal Barrier Resources Act
Project is not located in Coastal Barriers Resource System or Otherwise Protected Area.
Project does not affect a coastal barrier within the COBRA System (regardless of in or out) (Review Concluded)
Project is located in a coastal barrier system and/or affects a coastal barrier. (FEMA determination/USFWS consultation
on file)
Proposed action an exception under Section 3505.a.6? (Review Concluded)
Proposed action not excepted under Section 3505.a.6.
Are project conditions required?
YES (see section V)
NO (Review Concluded)
Comments:
Correspondence/Consultation/References:
D. Clean Water Act
Project site located outside of and would not affect any waters of the U.S. (Review Concluded)
Project site located in or would affect waters, including wetlands, of the U.S.
Project exempted as in kind replacement or other exemption. (Review Concluded)
Project requires Section 404/401/10 permit, including qualification under Nationwide Permits.
YES (see section V)
NO (Review Concluded)
Are project conditions required?
Comments:
Correspondence/Consultation/References:
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E. Coastal Zone Management Act Project does not affect a coastal zone area (regardless of in or out)- (Review concluded)
Project is not located in a coastal zone area – (Review concluded)
Project is located in a coastal zone area and/or affects the coastal zone
State administering agency does not require consistency review. (Review Concluded).
State administering agency requires consistency review.
Are project conditions required?
YES (see section V)
NO (Review Concluded)
Comments: CZMA: Per consultation with New York Department of State initiated on _______ and completed on
_______, no further consistency review is required. Please see attached correspondence.
Correspondence/Consultation/References:
F. Fish and Wildlife Coordination Act
Project is not located in or affects a waterway/body of water. (Review Concluded)
Project affects, controls or modifies a waterway/body of water.
Coordination with USFWS conducted
No Recommendations offered by USFWS. (Review Concluded)
Recommendations provided by USFWS.
Are project conditions required?
YES (see section V)
NO (Review Concluded)
Comments: Not Applicable. Not a direct FEMA action.
Correspondence/Consultation/References:
G. Clean Air Act
Project will not result in permanent air emissions. (Review Concluded)
Project is located in an attainment area. (Review Concluded)
Project is located in a non-attainment area.
Coordination required with applicable state administering agency..
Are project conditions required?
YES (see section V)
NO (Review Concluded)
Comments:
Correspondence/Consultation/References:
H. Farmlands Protection Policy Act
Project does not affect prime or unique farmland. (Review Concluded)
Project causes unnecessary or irreversible conversion of prime or unique farmland.
Coordination with Natural Resource Conservation Commission required.
Farmland Conversion Impact Rating, Form AD-1006, completed.
Are project conditions required?
YES (see section V)
NO (Review Concluded)
Comments: Correspondence/Consultation/References:
I. Migratory Bird Treaty Act
Project not located within a flyway zone. (Review Concluded)
Project located within a flyway zone.
Project does not have potential to take migratory birds. (Review Concluded)
Project has potential to take migratory birds.
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Contact made with USFWS
Are project conditions required?
YES (see section V)
NO (Review Concluded)
Comments: MBTA: Per consultation with USFWS, the proposed action has the potential to take migratory birds, but can be
mitigated to the greatestextent possible by following the following best management practices. See Conditions.
Correspondence/Consultation/References: As per USFWS guidance the following considerations should be taken into
account if feasible:
1. Towers should be collocated on or near to existing tower infrastructure.
2. If collocation is not feasible and a new tower is to be constructed, it is strongly recommended that new towers should not
be more than 199 feet above ground level.
3. Any steady state lights on the tower should be converted to flashing, lighting in general should be minimized.
4. The topography of the tower locations should be clearly noted, especially in regard to surrounding hills, mountains,
mountain passes, ridge lines, rivers, lakes, wetlands and other habitat types used by raptors, Birds Of Conservation
Concern, and state and federally listed species, and other birds of concern. Raptor nests should be avoided, .5 mile
disturbance free buffers are recommended during the nesting season.
5. Towers should be grouped into existing “antenna farms” in existing degraded areas where bird habitat is marginal.
6. Guy wires should have daytime visual markers or bird deterrent devices.
7. Towers and appending facilities should be designed, sited, and constructed so as to avoid or minimize habitat loss within
and adjacent to the tower footprint. Road access and fencing should be minimized to reduce or prevent habitat
fragmentation, disturbance, and the creation of barriers.
8. Seasonal restrictions on construction are advised in order to avoid disturbance, site and nest abandonment, especially
during breeding, rearing and other periods of high bird activity in areas with known populations.
9. Security lighting for on-ground facilities, equipment and infrastructure should be motion or heat sensitive, down
shielded and of a minimum intensity to reduce nighttime bird attraction.
10. Towers no long in use should be removed from the site within 12 months of cessation of use, preferably sooner.
11. USFWS personnel should be informed of the final location and specification of the proposed tower, and which
recommended measures are carried out.
J. Magnuson-Stevens Fishery Conservation and Management Act
Project not located in or near Essential Fish Habitat. (Review Concluded)
Project located in or near Essential Fish Habitat.
Project does not adversely affect Essential Fish Habitat. (Review Concluded)
Project adversely affects Essential Fish Habitat (FEMA determination/USFWS/NMFS concurrence on file)
NOAA Fisheries provided no recommendation(s) (Review Concluded).
NOAA Fisheries provided recommendation(s)
Written reply to NOAA Fisheries recommendations completed.
YES (see section V)
NO (Review Concluded)
Are project conditions required?
Comments:
Correspondence/Consultation/References:
K. Wild and Scenic Rivers Act
Project is not along and does not affect Wild or Scenic River - (Review Concluded)
Project is along or affects Wild or Scenic River
Project adversely affects WSR as determined by NPS/USFS. FEMA cannot fund the action.
(NPS/USFS/USFWS/BLM consultation on file)
Project does not adversely affect WSR. (NPS/USFS/USFWS/BLM consultation on file)
YES (see section V)
NO (Review Concluded)
Are project conditions required?
Comments:
Correspondence/Consultation/References:
L. Other Relevant Laws and Environmental Regulations
Identify relevant law or regulations, resolution and any consultation/references
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II. Compliance Review for Executive Orders
A. E.O. 11988 - Floodplains
Outside Floodplain and No Effect on Floodplains/Flood levels - (Review Concluded)
Located in Floodplain or Effects on Floodplains/Flood levels
No adverse effect on floodplain or can be adversely affected by the floodplain. (Review Concluded),
Beneficial Effect on Floodplain Occupancy/Values (Review Concluded).
Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain
environment
8 Step Process Complete - documentation on file
Are project conditions required?
YES (see section V)
NO (Review Concluded)
Comments: EO 11988: Based on the effective FIRM/ PFIRM/ABFE panel_______, dated ______, the project is outside
the floodplain and has no effect on the floodplain or flood levels.
Correspondence/Consultation/References:
B. E.O. 11990 - Wetlands
Outside Wetland and No Effect on Wetland(s) - (Review Concluded)
Located in Wetland or effects Wetland(s)
Beneficial Effect on Wetland - (Review Concluded)
Possible adverse effect associated with constructing in or near wetland
Review completed as part of floodplain review
8 Step Process Complete - documentation on file
YES (see section V)
NO (Review Concluded)
Are project conditions required?
Comments: EO 11990: Per review of the USFWS National Wetlands Inventory (NWI) mapper, accessed XX/XX/XXX,
the project is not located in a wetland.
Correspondence/Consultation/References:
C. E.O. 12898 - Environmental Justice For Low Income and Minority Populations
No Low income or minority population in, near or affected by the project - (Review Concluded)
Low income or minority population in or near project area
No disproportionately high and adverse impact on low income or minority population- (Review Concluded)
Disproportionately high or adverse effects on low income or minority population
YES (see section V)
NO (Review Concluded)
Are project conditions required?
Comments:
Correspondence/Consultation/References:
III. Other Environmental Issues
Identify other potential environmental concerns in the comment box not clearly falling under a law or
executive order (see environmental concerns scoping checklist for guidance).
Comments:
Correspondence/Consultation/References:
IV. Extraordinary Circumstances
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Based on the review of compliance with other environmental laws and Executive Orders, and in
consideration of other environmental factors, review the project for extraordinary circumstances.
* A “Yes” under any circumstance may require an Environmental Assessment (EA) with the exception of (ii) which
should be applied in conjunction with controversy on an environmental issue. If the circumstance can be mitigated,
please explain in comments. If no, leave blank.
Yes
(i) Greater scope or size than normally experienced for a particular category of action
(ii) Actions with a high level of public controversy
(iii) Potential for degradation, even though slight, of already existing poor environmental
conditions;
(iv) Employment of unproven technology with potential adverse effects or actions involving
unique or unknown environmental risks;
(v) P
resence of endangered or threatened species or their critical habitat, or archaeological,
cultural, historical or other protected resources;
(vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local
regulations or standards requiring action or attention;
(vii) Actions with the potential to affect special status areas adversely or other critical resources
such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers,
sole or principal drinking water aquifers;
(viii) Potential for adverse effects on health or safety; and
(ix) Potential to violate a federal, state, local or tribal law or requirement imposed for the
protection of the environment.
(x) Potential for significant cumulative impact when the proposed action is combined with
other past, present and reasonably foreseeable future actions, even though the impacts of the
proposed action may not be significant by themselves.
Comments:
V. Environmental Review Project Conditions
General comments:
Project Conditions:
Monitoring Requirements:
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Document B – List of Coastal Waterbodies and Designated Inland
Waterways
Environmental Protection Fund
Local W aterfront Revitalization Program
List of Coastal W aterbodies and Designated Inland Waterways
COASTAL W ATERBODIES
Arthur Kill
Atlantic Ocean
East River
Harlem River
Hudson River (south of federal dam at Troy)
Kill van Kull
Lake Ontario
Lake Erie
Long Island Sound
Niagara River
St. Lawrence River
DESIGNATED INLAND WATERW AYS
Allegheny River
Ausable River
Big Tupper Lake
Black Lake
Black River
Boquet River
Buffalo River
Bush Kill
Canadarago Lake
Canandaigua Lake
Canisteo River
Cattaraugus Creek
Cayuga Lake
Chaumont River (including Chaumont Bay)
Chautauqua Lake
Chemung River
Cincinatti Creek
Cohocton River
Conesus Lake
Cranberry Lake
Delaware River
Deer River
East Kill
Esopus Creek (Upper and Lower Branches)
Fish Creek (East and W est Branches)
Fulton Chain of Lakes
Genesee River
Gooseberry Creek
Grasse River
Great Sacandaga Lake
Honeoye Lake
Hudson River (north of federal dam at Troy)
Indian Lake
Indian River
Keuka Lake
Lake Champlain
Lake George
Lake Placid
Lake Ronkonkoma
Little River (in the Adirondack Park)
Little Salmon (North and South Branches)
Little Sandy Creek
Long Lake
Mad River
Mettowee River
Mirror Lake
Mohawk River
Moose River (North and Middle Branches)
Oatka Creek
Oneida Lake
Onondaga Creek
Onondaga Lake
Oswegatchie River
Otisco Lake
Otsego Lake
Owasco Lake
Raquette Lake
Raquette River
Sacandaga Lake
Sacandaga River
Salmon River
Sandy Creek
Saranac River
Saratoga Lake
Scajaquada Creek
Schoharie Creek
Schroon Lake
Seneca Lake
Silver Lake (in W yoming County)
Skaneateles Lake
South Sandy Creek
State Barge Canal System
Susquehanna River
Tioga River
Tioughnioga River
Tonawanda Creek
Upper Saranac Lake
W allkill River
W est Kill
W ynantskill Creek
NOTE: Coastal waterbodies and designated inland waterways are defined in Executive Law, Article 42, Section 911. Coastal
waterbodies also include embayments and tributaries that are within New York State's Coastal area.
Revised June 2013
Document C – Descriptions of New York State Vegetation by Ecoregion
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Vegetation Descriptions of New York State by Ecoregion
New York State is divided into seven ecoregions, the locations of which are provided in
Figure D (Appendix B).
1. Great Lakes Ecoregion – characterized by gently rolling, low level landscapes and flat lake
plains. The Great Lakes Ecoregion surrounds the highland ecoregions of northern New York
State. The limestone-derived soils of this region are productive; therefore, much of the
region was cleared for agriculture or urban development and less native forest remains than
in surrounding ecoregions like the High Allegheny Plateau (Ecoregion 2).
The ecoregion includes the Erie/Ontario Lake Plain, Ontario Lowlands, and the Mohawk
Valley. The natural vegetation is largely beech-maple forest, wooded wetlands, shrubby and
herbaceous wetlands (i.e. fens fed by limey seeps), grasslands, and lakeshore dunes. Elm,
ash, white oak, basswood, and tulip tree may be present within the beech-maple forest, as is
a diverse herbaceous layer with ephemeral wildflowers. Silver and red maples, elm, and ash
occur in wetland depressions and poorly drained hardwood swamps. Beaches and dunes
support sea rocket, beach grass, and bluestem grasses. Stabilized dunes may support red
maple, yellow birch, eastern cottonwood, and sand dune willow. East of Lake Ontario,
limestone (alvar) barrens occur, dominated by grasses, sedges, prairie herbs, and shrubs;
however, trees such as eastern red cedar, northern white cedar, bur oak, and paper birch root
in crevices in the rock. Today, forests are fragmented and are confined to woodlots.
On the eastern extent of the Great Lakes Ecoregion, separating the Allegheny Plateau to the
south from the Adirondack Mountains to the north is the Mohawk Valley. Sugar maple and
beech dominate forests, with hemlock present in low numbers. Hemlock-northern hardwood
forests are often found on north slopes and in ravines, and northern white cedar is present on
exposed rocky balds. In floodplains, silver maple is dominant with green ash, elm, ostrich
fern, and a diverse herbaceous layer often present. Common shrubs include witch-hazel and
hobblebush. Canal building, channelization, and highway and road construction have
affected the pattern and structure of the Mohawk River’s natural meanders and wetlands.
2. High Allegheny Plateau Ecoregion – defined by a broad series of high elevation hills that
form a plateau rising to 1,700-2,100 feet, extending in the north from the Great Lakes Plains
of Ecoregion 1 to the Pennsylvania border, and from Ecoregion 7 in the west to the Hudson
River Valley. The landscape is a mosaic of cropland, pastureland, and woodland. In the
Glaciated Low Allegheny Plateau and Hills, Delaware-Neversink Highlands, and
Cattaraugus Hills, native vegetation alternates between Appalachian oak forest on drier
slopes and northern hardwoods-conifer forest on moist slopes, ravines, and riparian areas.
Northern hardwood forest consists primarily of maple, beech, basswood, and birch, with
hemlock also present. Appalachian oak forest, consisting of oaks (red, white, chestnut),
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black gum, tulip tree, hickory (shagbark and pignut), flowering dogwood, and redbud, is
present on south-facing slopes and at lower elevations. Understory shrubs include witch
hazel, maple-leaf viburnum, mountain laurel, shadbush, and chokecherry. The shale cliff
and talus community, consisting of red cedar, mountain maple, white ash, and slippery elm,
occurs on steep slopes of streams. Groundwater-fed depressions support hemlock-hardwood
swamps with hemlock, red maple, yellow birch, black gum, highbush blueberry, great
rhododendron and cinnamon fern, and fens with red maple, speckled alder, green ash, and
tamarack. Typically, the rounded tops of the dissected plateau have been cleared for
agriculture and the steeper slopes remain forested.
The Catskills Transition, Finger Lakes Uplands and Gorges, and North Central
Appalachians portions of the ecoregion remains heavily forested and support extensive
northern hardwood and Appalachian oak forests, with isolated highland pockets of spruce
and fir. Various oak species (black, white, red, and chestnut), pitch pine, and white pine are
found on open ridges. The vegetation at lower elevations is a mosaic of central hardwoods
(oak-hickory), northern hardwoods, and low-elevation spruce and hemlock in bogs and
riparian zones. Dense groves of mountain laurel form beneath oak canopies. Hemlocknorthern hardwood forest, containing beech, sugar maple, bitternut hickory, hemlock,
basswood, and tulip tree, grows on north slopes, in ravines, and in moist areas. Black ash,
silver maple, and elm occur in swamps on river floodplains and in the glacial troughs at the
ends of the Finger Lakes. Ecoregion 2 also includes the Catskill High Peaks, which contain
similar boreal vegetation (i.e. deciduous forest, mixed forest, and evergreen forest) as
described for Ecoregion 5.
3. Lower New England - Northern Piedmont Ecoregion – lies along the mid- to
southeastern portion of New York, and consists largely of forested highlands. The northern
three-quarters of this ecoregion consist primarily of plant communities associated with the
Northeastern Highlands and Northeastern Coastal Zone. The Northeastern Highlands run
north-to-south along the eastern border of New York, and consist of the Taconic Mountains
and Foothills, Western New England Marble Valleys, Hudson Highlands-Reading Prong,
Berkshire Transition and Rensselaer Plateau. The vegetation is similar to that found in
Ecoregion 5, and largely consists of northern hardwood (maple-beech-birch) forests, with
spruce-fir forests and Appalachian oak-hickory forests at higher and lower elevations,
respectively. In some areas, particularly the valleys, forests have been largely cleared for
agriculture and exist in fragmented patches.
Northern hardwoods and hemlock are most common on north slopes and moist sites. Oak
and hickory predominate throughout in the south, on-south facing slopes, and at lower
elevations in the north. In transition areas, hardwood forests also contain sugar maple, white
ash, basswood, bitternut hickory, hop hornbeam, and alternate-leaved dogwood. More mesic
sites have sugar maple, beech, yellow birch, and basswood with some eastern white pine and
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hemlock. Mountain laurel, flowering dogwood, black huckleberry, and blueberry are
common understory shrubs. Chestnut oak, red oak, and hemlock occupy steep slopes, and
exposed rock outcrops contain eastern red cedar, black cherry, scrub oak, purple clematis,
chokecherry, and roundleaf shadbush.
Natural areas in the valleys include diverse swamps, floodplains, and calcareous fens. In
lowlands, red maple-tamarack swamps are present, which also contain ash, swamp white
oak, northern white cedar, willows, tupelo, and hemlock. On floodplains, silver maple,
cottonwood, American elm, and sycamore are common, with red maple, basswood, sugar
maple, shagbark hickory, and black cherry present on stream slopes and terraces.
A significant ecological component of the Northern Highlands, the Rensselaer Plateau,
consists of rolling, hummocky terrain which supports drier uplands that alternate with many
ponds and wetlands. Wetlands range from red maple-hardwood, hemlock-hardwood, and
spruce-fir swamps to kettle ponds, wet sedge meadows, and sphagnum and black sprucetamarack bogs. Spruce flats are also present and consist of red, white, and black spruce and
groves of balsam fir. These unique plant communities give the Rensselaer Plateau a northern
character that exceeds its elevation and latitude, and serves as an important wildlife refuge.
Ecoregion 3 also contains the Northeastern Coastal Zone, which contains the Southern New
England Coastal Plains and Hills and the Hudson Valley, including the southeastern corner
of New York and the Manhattan Prong. Upland forests are dominated by a mix of oaks (red,
white, black, scarlet, and chestnut) and hickories (pignut, mockernut, and shagbark), with
some hemlock and white pine; however, these forests have been largely cleared for
development. While oak-hickory forests are common on lower terraces, the sandy Hudson
Valley floor consists of pitch pine-scrub oak forests. Moist forests contain sugar maple, red
oak, beech, and white ash, and swamps contain red maple, green ash, hemlock, or Atlantic
white cedar. Along small river floodplains, pin oak-green ash forest with swamp white oak,
American sycamore, red maple, and American elm is common. Freshwater tidal marshes and
mudflats occur along the Hudson River as far north as Troy.
The southernmost portion of Ecoregion 3 includes Northern Piedmont and Ridge and Valley
communities. In Ecoregion 3, the Northern Piedmont includes highlands (e.g. Hudson River
Palisades) and undulating plains (e.g. Glaciated Triassic Lowlands). The highlands contain
mixed oak forests on ridge slopes consisting of red, white, and black oak, with sugar maple,
chestnut oak, black birch, tulip tree, eastern red cedar, and hickories also present. Understory
plants include maple-leaved viburnum, poison ivy, catbriar, and wild grape, and grassland
openings contain bluestem grasses and Indian grass. Talus slopes support hemlock, paper
birch, black birch, white pine and basswood. In the lowlands, much of the native vegetation
(i.e. oak-hickory forests) has been replaced by agriculture and suburban development. Some
swamps remain and largely consist of red maple and sweetgum, with swamp cottonwood,
swamp white oak, pin oak, and black gum also present.
16
Ecoregion 3 also contains limestone and shale/slate ridges and valleys located along the
state’s inland southern border with New Jersey. The valleys have largely been cleared for
agriculture; however, pockets of ecological significance remain. Sugar maple and mixed
hardwoods can be found in scattered woodlots and wetlands. Understory trees include hop
hornbeam and ironwood with shrubs including maple-leaved viburnum, black haw,
spicebush, and beaked hazel. Wetlands include swamps, fens, and sinkholes with red maple,
yellow birch, ash, basswood, tulip tree, and black gum dominant in forested wetlands.
Grassland communities exist in fallow fields or in areas that are not intensively farmed.
Interrupting the valleys are ridges that contain dry, rocky habitats at high elevations
consisting of pitch pine-chestnut oak-scarlet oak forests and pitch pine-scrub oak forests.
Native plant communities are fire-adapted and fire is used as a management tool. Hemlock,
tulip tree, and white oak are present in moist depressions. On rocky ridges and talus slopes,
dense blueberry shrublands occur. An understory dominated by mountain laurel is common
in woodland.
4. North Atlantic Coast Ecoregion – includes marine, estuarine and coastal habitats of Long
Island and Staten Island, and is very similar to coastal portions of Ecoregion 3. Ecoregion 4
is characterized by grasslands, shrublands, pine barrens, coastal plain ponds and dunes, and
extensive salt marshes. However, this ecoregion is highly developed, and much of the native
vegetation has been replaced by small woodlots interspersed among small farms and dense
residential, commercial, and industrial development.
Staten Island consists primarily of undulating plains and meadowlands. In undeveloped
areas, Appalachian oak-hickory forest exists on well-drained upland sites, with sugar maple
and mixed hardwood forests on more fertile soils. Swamps largely consist of red maple and
sweetgum with swamp cottonwood, swamp white oak, pin oak, and black gum also present.
The Hackensack Meadowlands, on the west side of Staten Island, consist of a mix of salt,
brackish, and freshwater marsh, freshwater ponds, brackish lagoons, and tidal creeks. While
most have been developed, Atlantic white cedar swamps and floodplain forests of pin oak,
red maple, and swamp white oak are also present. Today, the area is heavily disturbed and
cattail, phragmites, and saltmarsh cordgrass dominate remaining marshes. Other common
wetland species includes seashore saltgrass, blackgrass, sea lavender, and saltwort.
The Long Island Sound Coastal Lowland is located on the western third of Long Island and
along the coastline of southeastern New York. It contains deciduous forest, evergreen
shrublands, woody wetlands, emergent herbaceous wetlands, salt marsh and beaches. With
its mild maritime climate, it supports a northern variant of Appalachian forest; however,
little of the original forest remains due to intense development. Dominant tree species
include tulip tree, black and red oak, beech, black birch, and red maple, with an understory
dominated by holly, persimmon, and eastern dogwood. Coastal forests may have a dense
shrub layer and vines. Sweetgum and pin oak occur in moist areas near kettle ponds. On
17
coastal bluffs, pitch pine, eastern redcedar, post oak, hickories, and northern bayberry are
common. Dunes consist of American beach grass, beach pea, and seaside goldenrod.
The Atlantic Coastal Pine Barrens, located on the eastern two-thirds of Long Island, consist
of grassy dunes, bays, marshes, swamps, and scrubby oak-pine forests in undeveloped areas.
Inland, the region contains stunted dwarf pine and pitch-pine oak forests, numerous kettle
ponds, and unique salt and freshwater communities in marshes, swamps, bogs, and sand
dunes. The freshwater Peconic River and coastal ponds support distinctive plant
communities. These include fragmented sandplain and dune woodlands with pitch pine,
black, red, white, and scrub oak, black huckleberry, blueberry, and bearberry, and sandplain
heathlands and grasslands with little bluestem, Pennsylvania sedge, poverty grass, bearberry,
scrub oak, stiff aster, and bayberry. Sand dune grasslands are also present and contain beach
grass, beach pea, seaside goldenrod and beach heather. Remaining swamps and bogs largely
contain Atlantic white cedar, pitch pine, red maple, highbush blueberry, and leatherleaf. Salt
marshes contain saltmeadow and smooth cordgrass, spike-grass, and saltmarsh rush.
The barrier islands and coastal marshes on the south side of Long Island are characterized by
two parallel dune zones on the seaward side of the islands. Dune grass, sea rocket, beach
pea, seabeach orache, saltwort, and seaside spurge grow in the primary dune zone. Low
shrub thickets composed of bayberry, beach plum, shadbush, mountain laurel, and highbush
blueberry grow in the secondary dune zone. American holly, black gum, red cedar, pitch
pine, dwarf beech, sassafras, and lianas of roundleaf sweetbriar occur in moist, protected
hollows and swales. On the bay side, salt marshes are populated mainly by smooth and saltmeadow cordgrass. Remnant coastal forests of oaks, beech, black gum, red maple, pitch
pine, and American holly exist in some locations, with a dense shrub layer consisting of
sassafras, greenbrier, Virginia creeper, beach plum, lowbush blueberry, and grape.
5. Northern Appalachian - Boreal Forest Ecoregion – extends over a large portion of
northern New York, and covers most of the Adirondacks and Tug Hill Plateau. Ecoregion 5
includes most of the mountainous portions of the state, and is defined by extensive forest
communities and several large-scale wetland and pond complexes. Vegetation is similar to
eastern portions of Ecoregion 3, and is transitional between boreal regions to the north and
broadleaf deciduous forests to the south. Typical forest types include northern hardwoods
(maple-beech-birch) and northeastern spruce-fir forests. This ecoregion is sparsely
populated, and farm-to-forest conversion has continued for over a century. It includes the
headwaters of the Hudson River, which are important to water supply and quality, and is
highly valued for its large contiguous forests that are important habitats for rare wildlife.
The Adirondack Foothills possess a high water table and many wetlands fill depressions in
outwash channels. Black spruce and tamarack dominate in bogs and swamps. Most of the
region is covered with second growth hardwood forests, and many southern species reach
the northern limits of their range in the Hudson Valley lowlands. These forests contain sugar
18
maple, red maple, white ash, northern red oak, butternut, beech, black cherry, yellow birch,
eastern red cedar, and witch hazel. Significant white pine forests exist in the eastern and
western foothills, and aspen and birch are prominent in the northern foothills.
In the Adirondack Mountains, montane habitats combine alpine plant communities and highelevation spruce-fir forests with subalpine communities. Alpine communities are found on
peaks above 4,500 feet and often contain heath and krummholz communities with stunted
balsam fir, black spruce, and birch. Labrador tea, sheep laurel, and black crowberry are also
present. Alpine meadows consist mostly of low mat-forming shrubs, sedges, rushes, grasses,
mosses, and lichens, including diapensia, Bigelow’s sedge, highland rush, Lapland rosebay
alpine bilberry, and northern blueberry. Balsam fir and mountain paper birch populate
subalpine forests from 3,500 feet to the timberline. Forests to about 3,500 feet contain
spruces (red, white, black), balsam fir, and paper and yellow birches. At lower elevations,
red maple, sugar maple, beech, and black cherry are present. Red and white pine are found
on lakeshores, and black spruce and tamarack occur in bogs and swamps. Understory plants
include mountain ash, mountain holly, sheep laurel, blueberries, and creeping snowberry.
The Tug Hill Transition and Plateau is primarily forested with northern hardwoods. Sugar
maple dominates in the beech-maple mesic forest, along with other successional hardwoods
such as black cherry, white ash, and red maple. In state reforestation areas, plantations
contain native white and red pine and non-native conifers (e.g. Austrian pine, white spruce,
and European Larch). This region contains many swamps and bogs due to its flat topography
and high annual precipitation. Swamps include spruce-fir, hemlock-hardwood, and red
maple-hardwood forests, and other wetlands include black spruce-tamarack bogs, alder
shrub swamps, and riparian sedge meadows. The Tug Hill Transition possesses fertile soil;
therefore, the land use pattern changes from heavily forested to a farm and woodlot mosaic.
6. St. Lawrence - Champlain Valley Ecoregion – characterized by mountain streams, deltas
and marshes along the shores of the St. Lawrence River and Lake Champlain. Where it
borders the Great Lakes, Ecoregion 6 is similar to Ecoregion 1. Limestone-derived soils are
productive; therefore, much of the region was cleared for agriculture or urban development
and less native forest remains than in surrounding ecoregions like Ecoregion 2.
Within Ecoregion 6, lowlands contain glacial and alluvial deposits that support distinctive
plant communities, such as the pine-oak-heath sandplain forest, the valley claypan forest,
and the white pine-red oak-black oak forest, that are rare due to farmland clearing and urban
and recreational development. Valley claypan forests consist of red maple, sugar maple,
beech, hemlock, swamp white oak, bur oak, white oak, ash, and shagbark hickory. Sandplain
forests consist of black oak, red oak, white pine, pitch pine, and red maple. Silver maple and
green ash dominate floodplain forests, and red maple, swamp white oak, white ash, and elm
grow in wetland soils. The Upper St. Lawrence Valley is more elevated and second growth
northern hardwoods dominate the hills; although small farms occur in a landscape mosaic
19
with fallow fields and woodlots. These northern hardwood forests contain sugar maple,
beech, black cherry, hemlock, and yellow birch. Aspen and balsam poplar are also common,
and spruces (red, white, black) and balsam fir grow in saturated or shallow soils.
7. Western Allegheny Plateau Ecoregion – consists of the glaciated portion of the Western
Allegheny Plateau characterized by low, rounded hills, and wetlands. The unglaciated, hilly
portion of the Western Allegheny Plateau is located in Ecoregion 2. Ecoregion 7 is the
smallest ecoregion in New York State, and is primarily located in the Erie Drift Plain, where
the Allegheny Plateau descends toward the Great Lakes in the southwestern corner of the
state. This ecoregion consists largely of beech-maple forests in moist locations. Northern
hardwoods and hemlock are present on drier sites, with understories dominated by witch
hazel, mapleleaf viburnum, and ferns. Riparian forests of sugar and red maples, hawthorn,
and sycamore are common along streams, and forested wetlands containing red maple, silver
maple, black willow, American elm, and green and white ash are also present. Poorly
drained soils are prevalent, which support numerous kettle ponds and wetlands.
20
Document D – New York State Prohibited and Regulated
Invasive Species 21
Lepidium latifolium, Broad-leaved Pepper-grass
Lespedeza cuneata, Chinese Lespedeza
Ligustrum obtusifolium, Border Privet
Lonicera japonica, Japanese Honeysuckle
Lonicera maackii, Amur Honeysuckle
Lonicera morrowii, Morrow's Honeysuckle
Lonicera tatarica, Tartarian Honeysuckle
Lonicera x bella, Fly Honeysuckle
Ludwigia hexapetala (L. grandiflora), Uruguayan
Primrose Willow
Ludwigia peploides, Floating Primrose Willow
Lysimachia vulgaris, Garden Loosestrife
Lythrum salicaria, Purple Loosestrife
Microstegium vimineum, Japanese Stilt Grass
Murdannia keisak, Marsh Dewflower
Myriophyllum aquaticum, Parrot-feather
Myriophyllum heterophyllum, Broadleaf Water-milfoil
Myriophyllum heterophyllum x M. laxum, Broadleaf
Water-milfoil Hybrid
Myriophyllum spicatum, Eurasian Water-milfoil
Nymphoides peltata, Yellow Floating Heart
Oplismenus hirtellus, Wavyleaf Basketgrass
Persicaria perfoliata (Polygonum perfoliatum), Mile-aminute Weed
Phellodendron amurense, Amur Cork Tree
Phragmites australis, Common Reed Grass
Phyllostachys aurea, Golden Bamboo
Phyllostachys aureosulcata, Yellow Groove Bamboo
Potamogeton crispus, Curly Pondweed
Pueraria montana, Kudzu
Reynoutria japonica (Fallopia japonica, Polygonum
cuspidatum), Japanese Knotweed
Reynoutria sachalinensis (Fallopia sachalinensis,
Polygonum sachalinensis), Giant Knotweed
Reynoutria x bohemica (Fallopia x bohemica,
Polygonum x bohemica), Bohemian Knotweed
Rhamnus cathartica, Common Buckthorn
Rosa multiflora, Multiflora Rose
Rubus phoenicolasius, Wineberry
Salix atrocinerea, Gray Florist's Willow
Silphium perfoliatum, Cup-plant
Trapa natans, Water Chestnut
Vitex rotundifolia, Beach Vitex
6 NYCRR Part 575
Prohibited and Regulated Invasive Species
September 10, 2014
ALGAE AND CYANOBACTERIA
Prohibited:
Caulerpa taxifolia, Killer Green Algae
Didymosphenia geminata, Didymo
Prymnesium parvum, Golden Algae
Regulated:
Cylindrospermopsis raciborskii, Cylindro
Grateloupia turuturu, Red Algae
PLANTS
Prohibited:
Acer pseudoplatanus, Sycamore Maple
Achyranthes japonica, Japanese Chaff Flower
Alliaria petiolata, Garlic Mustard
Ampelopsis brevipedunculata, Porcelain Berry
Anthriscus sylvestris, Wild Chervil
Aralia elata, Japanese Angelica Tree
Artemisia vulgaris, Mugwort
Arthraxon hispidus, Small Carpet Grass
Berberis thunbergii, Japanese Barberry
Brachypodium sylvaticum, Slender False Brome
Cabomba caroliniana, Fanwort
Cardamine impatiens, Narrowleaf Bittercress
Celastrus orbiculatus, Oriental Bittersweet
Centaurea stoebe (C. biebersteinii, C. diffusa, C.
maculosa misapplied, C. xpsammogena), Spotted
Knapweed
Cirsium arvense (C. setosum, C. incanum, Serratula
arvensis), Canada Thistle
Cynanchum louiseae (C. nigrum, Vincetoxicum nigrum),
Black Swallow-wort
Cynanchum rossicum (C. medium, Vincetoxicum
medium, V. rossicum), Pale Swallow-wort
Dioscorea polystachya (D. batatas), Chinese Yam
Dipsacus laciniatus, Cut-leaf Teasel
Egeria densa, Brazilian Waterweed
Elaeagnus umbellata, Autumn Olive
Euphorbia cyparissias, Cypress Spurge
Euphorbia esula, Leafy Spurge
Ficaria verna (Ranunculus ficaria), Lesser Celandine
Frangula alnus (Rhamnus frangula), Smooth Buckthorn
Glyceria maxima, Reed Manna Grass
Heracleum mantegazzianum, Giant Hogweed
Humulus japonicus, Japanese Hops
Hydrilla verticillata, Hydrilla/ Water Thyme
Hydrocharis morsus-ranae, European Frogbit
Imperata cylindrica (I. arundinacea, Lagurus
cylindricus), Cogon Grass
Iris pseudacorus, Yellow Iris
Regulated:
Acer platanoides, Norway Maple
Clematis terniflora, Japanese Virgin's Bower
Euonymus alatus, Burning Bush
Euonymus fortunei, Winter Creeper
Miscanthus sinensis, Chinese Silver Grass
Robinia pseudoacacia, Black Locust
FISH
Prohibited:
Channa argus, Northern Snakehead
22
Channa marulius, Bullseye Snakehead
Channa micropeltes, Giant Snakehead
Clarias batrachus, Walking Catfish
Gambusia affinis, Western Mosquitofish
Gambusia holbrooki, Eastern Mosquitofish
Hypophthalmichthys harmandi, Largescale Silver Carp
Hypophthalmichthys molitrix, Silver Carp
Hypophthalmichthys nobilis, Bighead Carp
Misgurnus anguillicaudatus, Oriental Weatherfish
Mylopharyngodon piceus, Black Carp
Neogobius melanostomus, Round Goby
Petromyzon marinus, Sea Lamprey
Proterorhinus semilunaris (P. marmoratus), Tubenose
Goby
Tinca tinca, Tench
TERRESTRIAL INVERTEBRATES
Prohibited:
Achatina achatina, Giant Ghana Snail
Achatina fulica (Lissachatina fulica), Giant African
Land Snail
Adelges tsugae, Hemlock Woolly Adelgid
Agrilus planipennis, Emerald Ash Borer
Amynthas spp., Asian Earthworms
Anoplophora glabripennis, Asian Longhorn Beetle
Apis mellifera scutellata x A. mellifera ligustica/ A.
mellifera iberiensis, Africanized Honey Bee
Archachatina marginata, Giant West African Snail
Cryptococcus fagisuga, Beech Scale
Lymantria dispar, Asian and European Gypsy Moth
Monochamus alternatus, Japanese Pine Sawyer
Pityophthorus juglandis, Walnut Twig Beetle
Sirex noctilio, Sirex Woodwasp
Regulated:
Carassius auratus, Goldfish
Cyprinella lutrensis, Red Shiner
Cyprinus carpio, Common Carp/ Koi
Gymnocephalus cernuus, Ruffe
Monopterus albus, Asian Swamp Eel
Oreochromis aureus, Blue Tilapia
Oreochromis niloticus, Nile Tilapia
Pterois miles, Common Lionfish
Pterois volitans, Red Lionfish
Sander lucioperca (Stizostedion lucioperca), Zander
Scardinius erythrophthalmus, Rudd
TERRESTRIAL AND AQUATIC
VERTEBRATES
Prohibited:
Cygnus olor, Mute Swan
Lepus europaeus, European Hare
Myocastor coypus, Nutria
Nyctereutes procyonoides, Asian Raccoon Dog
Sus scrofa (excluding Sus scrofa domestica), Eurasian
Boar
AQUATIC INVERTEBRATES
Regulated:
Alopochen aegyptiacus, Egyptian Goose
Cairina moschata, Muscovy Duck
Myiopsitta monachus, Monk Parakeet
Oryctolagus cuniculus, European Rabbit
Trachemys scripta elegans, Red-eared Slider
Xenopus laevis, African Clawed Frog
Prohibited:
Bellamya chinensis (Cipangopaludina
chinensis),Chinese Mystery Snail
Bellamya japonica, Japanese Mystery Snail
Bithynia tentaculata, Faucet Snail
Bythotrephese longimanus (B. cederstroemi), Spiny
Water Flea
Cercopagis pengoi, Fishhook Water Flea
Corbicula fluminea, Asian Clam
Crassostrea ariakensis, Suminoe Oyster
Didemnum spp., Carpet Tunicate
Dreissena polymorpha, Zebra Mussel
Dreissena rostriformis bugensis, Quagga Mussel
Eriocheir sinensi, Chinese Mitten Crab
Hemigrapsus sanguineus, Asian Shore Crab
Hemimysis anomala, Bloody Red Shrimp
Orconectes rusticus, Rusty Crayfish
Potamopyrgus antipodarum, New Zealand Mud Snail
Rapana venosa, Veined Rapa Whelk
Styela plicata, Asian Sea Squirt
FUNGI
Prohibited:
Amylostereum areolatum, Sirex Wasp Fungus
Geomyces destructans, White-nose Syndrome
Geosmithia morbida, Thousand Canker Disease
Phytophthora ramorum, Sudden Oak Death
For the official regulations and species lists please
see: http://www.dec.ny.gov/regulations/265.html.
Regulated:
Carcinus maenas, European Green Crab
Daphnia lumholtzi, Water Flea
Hemigrapsus takanoi (H. penicillatus), Brush-clawed
Shore Crab/ Grapsid Crab
23
Document E – Migratory Birds of Conservation Concern
24
U.S. Fish and Wildlife Service
Trust Resources List
For information about Birds of Conservation Concern, go to
http://www.fws.gov/migratorybirds/CurrentBirdIssues/Management/BCC.html.
Migratory birds of concern that may be affected by your project:
There are 25 birds on your Migratory birds of concern list. The Division of Migratory Bird Management is in the process of
populating migratory bird data with an estimated completion time of Fall 2014; therefore, the list below may not include all the
migratory birds of concern in your project area at this time. While this information is being populated, please contact the Field
Office for information about migratory birds in your project area.
Species Name
Bird of Conservation S p e c i e s Seasonal Occurrence in
Concern (BCC)
Profile
Project Area
American Oystercatcher
(Haematopus palliatus)
Yes
species info Breeding, Year-round
American bittern (Botaurus
lentiginosus)
Yes
species info Breeding
Audubon's Shearwater (Puffinus
lherminieri)
Yes
species info Wintering
Bald eagle (Haliaeetus
leucocephalus)
Yes
species info Year-round, Breeding
Bay-breasted Warbler (Dendroica
castanea)
Yes
species info Breeding
Bicknell's thrush (Catharus bicknelli) Yes
species info Breeding
Black Skimmer
(Rynchops niger)
Yes
species info Breeding
Black rail (Laterallus jamaicensis)
Yes
species info Breeding
Black tern (Chlidonias niger)
Yes
species info Breeding
Black-billed Cuckoo (Coccyzus
erythropthalmus)
Yes
species info Breeding
Black-crowned Night-Heron
(Nycticorax nycticorax)
Yes
species info Breeding
Canada Warbler (Wilsonia
canadensis)
Yes
species info Breeding
cerulean warbler (Dendroica cerulea) Yes
species info Breeding
Common tern (Sterna hirundo)
species info Breeding
08/20/2014
Yes
Information, Planning, and Conservation System (IPAC)
25
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U.S. Fish and Wildlife Service
Trust Resources List
Golden-Winged Warbler (Vermivora
chrysoptera)
Yes
species info Breeding
Great Shearwater (Puffinus gravis)
Yes
species info Year-round
Horned Grebe (Podiceps auritus)
No
species info Wintering
Least Bittern (Ixobrychus exilis)
Yes
species info Breeding
Louisiana Waterthrush (Parkesia
motacilla)
Yes
species info Breeding
Olive-Sided flycatcher (Contopus
cooperi)
Yes
species info Breeding
Purple Sandpiper (Calidris maritima) Yes
species info Wintering
Rusty Blackbird (Euphagus
carolinus)
Yes
species info Wintering
Snowy Egret (Egretta thula)
Yes
species info Breeding
Wood Thrush (Hylocichla mustelina)
Yes
species info Breeding
Worm eating Warbler (Helmitheros
vermivorum)
Yes
species info Breeding
NWI Wetlands (USFWS National Wetlands Inventory).
The U.S. Fish and Wildlife Service is the principal Federal agency that provides information on the extent and
status of wetlands in the U.S., via the National Wetlands Inventory Program (NWI). In addition to impacts to
wetlands within your immediate project area, wetlands outside of your project area may need to be considered
in any evaluation of project impacts, due to the hydrologic nature of wetlands (for example, project activities
may affect local hydrology within, and outside of, your immediate project area). It may be helpful to refer to
the USFWS National Wetland Inventory website. The designated FWS office can also assist you. Impacts to
wetlands and other aquatic habitats from your project may be subject to regulation under Section 404 of the
Clean Water Act, or other State/Federal Statutes. Project Proponents should discuss the relationship of these
requirements to their project with the Regulatory Program of the appropriate U.S. Army Corps of Engineers
District.
Data Limitations, Exclusions and Precautions
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of high
08/20/2014
Information, Planning, and Conservation System (IPAC)
26
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U.S. Fish and Wildlife Service
Trust Resources List
altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of
error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result
in revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping
problems.
Wetlands or other mapped features may have changed since the date of the imagery and/or field work. There
may be occasional differences in polygon boundaries or classifications between the information depicted on the
map and the actual conditions on site.
Exclusions - Certain wetland habitats are excluded from the National mapping program because of the
limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include
seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been
excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery.
Precautions - Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and
describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design
or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies. Persons
intending to engage in activities involving modifications within or adjacent to wetland areas should seek the
advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and
proprietary jurisdictions that may affect such activities.
IPaC is unable to display wetland information at this time.
08/20/2014
Information, Planning, and Conservation System (IPAC)
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Document F – USFWS Federally Listed Species
28
Species listed in New York based on published historic range and population
Page 1 of 2
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Environmental Conservation Online System
Conserving the Nature of America
Enter Search Term(s):
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ECOS>
Species Reports>
Species listed in each state (Historic)>
Species listed in New York based on published historic range and population
Species listed in New York based on published historic range and population
Notes:
• This report shows the species listed in this state according to the Federal Register listing
description.
• This list does not include experimental populations and similarity of appearance listings.
• This list includes species or populations under the sole jurisdiction of the National Marine
Fisheries Service.
• Click on the highlighted scientific names below to view a Species Profile for each listing.
Listed species (based on published historic range and population data) -- 34listings
Animals -- 24 listings
Status
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Species/Listing Name
Bat, Indiana Entire (Myotis sodalis) �
Bean, rayed (Villosa fabalis) �
Beetle, American burying Entire (Nicrophorus americanus) �
Butterfly, Karner blue Entire (Lycaeides melissa samuelis) �
Curlew, Eskimo Entire (Numenius borealis) �
Knot, red (Calidris canutus rufa) �
Lynx, Canada (Contiguous U.S. DPS) (Lynx canadensis) �
Plover, piping except Great Lakes watershed (Charadrius melodus) �
Plover, piping Great Lakes watershed (Charadrius melodus) �
Puma (=cougar), eastern Entire (Puma (=Felis) concolor couguar) �
Sea turtle, green Except where endangered (Chelonia mydas) �
Sea turtle, hawksbill Entire (Eretmochelys imbricata) �
29
http://ecos.fws.gov/tess_public/reports/species-listed-by-state-report?state=NY&status=li... 12/24/2014
Species listed in New York based on published historic range and population
Page 2 of 2
�
�
Status
Species/Listing Name
E
Sea turtle, Kemp's ridley Entire (Lepidochelys kempii) �
E
Sea turtle, leatherback Entire (Dermochelys coriacea) �
T
Snail, Chittenango ovate amber Entire (Succinea chittenangoensis) �
E
Sturgeon, shortnose Entire (Acipenser brevirostrum) �
E
Tern, roseate northeast U.S. nesting pop. (Sterna dougallii dougallii) �
T
Tiger beetle, Northeastern beach Entire (Cicindela dorsalis dorsalis) �
T
Turtle, bog (=Muhlenberg) northern (Clemmys muhlenbergii) �
E
Wedgemussel, dwarf Entire (Alasmidonta heterodon) �
E
Whale, finback Entire (Balaenoptera physalus) �
E
Whale, humpback Entire (Megaptera novaeangliae) �
E
Whale, North Atlantic Right Entire (Eubalaena glacialis) �
Wolf, gray U.S.A.: All of AL, AR, CA, CO, CT, DE, FL, GA, KS, KY, LA, MA, MD, ME,
MO, MS, NC, NE, NH, NJ, NV, NY, OK, PA, RI, SC, TN, VA, VT and WV; those portions
E
of AZ, NM, and TX not included in an experimental population; and portions of IA, IN, IL,
ND, OH, OR, SD, UT, and WA. Mexico. (Canis lupus)
Plants -- 10 listings
Status
Species/Listing Name
T
Amaranth, seabeach (Amaranthus pumilus) �
E
Bulrush, Northeastern (Scirpus ancistrochaetus) �
E
Chaffseed, American (Schwalbea americana) �
T
Fern, American hart's-tongue (Asplenium scolopendrium var. americanum) �
E
Gerardia, sandplain (Agalinis acuta) �
T
Monkshood, northern wild (Aconitum noveboracense) �
T
Orchid, eastern prairie fringed (Platanthera leucophaea) �
T
Pink, swamp (Helonias bullata) �
T
Pogonia, small whorled (Isotria medeoloides) �
T
roseroot, Leedy's (Rhodiola integrifolia ssp. leedyi) �
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30
http://ecos.fws.gov/tess_public/reports/species-listed-by-state-report?state=NY&status=li... 12/24/2014
Document G – Bald and Golden Eagle Life History and Distribution in
New York 31
Bald and Golden Eagle Life History and Distribution in New York
Distribution
Bald eagles historically nested in forests along the shorelines of oceans, lakes, or rivers
throughout most of North America, often moving south in winter to areas where water remained
open (NYSDEC 2014b). Although New York’s bald eagle population experienced severe decline
up through the 1970s, conservation measures have allowed the bald eagle to rebound. Bald
eagles now breed throughout New York State, usually in areas with large bodies of water that
support high fish populations. The largest breeding populations are located in the Hudson Valley,
and along the St. Lawrence River and Upper Delaware River (Albino 2005). Though absent from
Long Island, bald eagle populations continue to increase in suitable habitats throughout New
York State. In 2010, the state had 173 breeding pairs which fledged 244 young. Each year, New
York’s bald eagles fledge about 10 percent more eagles than the year before (NYSDEC 2014b).
Although there is a small population of resident breeding bald eagles, the population in New
York State increases in the winter due to an influx of migrating individuals. As aquatic habitats
in northern latitudes begin to freeze, eagles leave their summer breeding grounds in search of
open water. Because New York State possesses significant open water resources and food
sources, the winter bald eagle population swells to more than 600 birds. Wintering areas are
concentrated in four main areas: the Upper Delaware River, the Saint Lawrence River, the Lower
Hudson River, and the Sacandaga River (Albino 2005).
Golden eagles are distributed worldwide throughout the Northern Hemisphere; however, they
are typically associated with open habitats (e.g. tundra, grasslands, and deserts) of the western
United States, Alaska, and Western Canada (NYSDEC 2014a). Even in historical times, the
golden eagle was never abundant in the eastern United States, and has always been rare in New
York State (Albino 2005). According to historical accounts, the golden eagle was an uncommon
breeder in the Hudson Highlands, Catskills, and Adirondacks; however, they were extirpated as a
breeder in New York during the 1970s (NYNHP 2013). Infrequent breeding attempts occurred at
six different sites in the Adirondacks from 1951-1979, with the last successful nest fledging
young in 1972. No breeding activity has been detected in the state since 1979 despite extensive
surveys in the 1980s and early 2000s (NYNHP 2013). This parallels the extirpation of breeding
golden eagles in other northeastern states, and the species has been largely eliminated as a
breeding bird east of the Mississippi River (Albino 2005).
While no longer a breeder in New York, golden eagle sightings occur every year due largely to a
small number of golden eagles that migrate through the state in the spring and fall. It is estimated
that 50-150 migrants per year pass through New York to and from breeding grounds in northern
Quebec and wintering grounds in the mid-Atlantic and central and southern Appalachians. In
addition to the migrant population, a small winter resident population has consistently occupied a
wintering site in Dutchess County since the early 1970s. Resident wintering golden eagles in
32
Dutchess County typically show up in October and remain through March (NYNHP 2013).
Golden eagles are listed as a state endangered species in New York State. This level of state
protection means that a native species is in imminent danger of extirpation or extinction in the
state. It is illegal to take, import, transport, possess, or sell a state listed animal or its parts.
Golden eagles in New York State have been given a state rarity rank of SHB, S1N – historical
breeder and typically five or fewer non-breeding occurrences (usually winter residents) each year
(NYNHP 2013). NYSDEC continues to monitor historic nesting sites in the hope that they may
become active again (NYSDEC 2014a). Any current golden eagle management in New York
State is relevant primarily to the wintering site in Dutchess County and established migration
corridors. The Dutchess County site occurs on a protected nature preserve, but private lands
encompass some of the roosting territory and foraging area. Most golden eagle migrants pass
through migration corridors including Franklin Mountain in Otsego County and Derby Hill in
Oswego County (NYNHP 2013).
Life History
Bald eagles generally choose to nest in large trees near water. They will often use the same nest
every year, adding to it and maintaining it each breeding season. The incubation period is about
35 days and eggs generally hatch in late April or May (Albino 2005). In New York State, the
young fledge by mid to late summer at about 12 weeks of age, and by 20 weeks are largely
independent. Eagles are extremely sensitive to human disturbance, with increased human activity
around water bodies resulting in reproductive failure and nest abandonment in many preferred
eagle habitats. Therefore, while delisted federally, the bald eagle is listed as state threatened in
New York State (NYSDEC 2014a).
Golden eagles are more of an upland species and, unlike bald eagles, are not dependent on
aquatic habitats. They prefer wild, remote areas where small game is abundant and where cliffs
or tall trees are available for nesting. A single clutch consists of one to two eggs, which are
primarily laid in April or May and hatch after an incubation period of 35-45 days. Eaglets fledge
in 65-75 days, generally in August or September. Favored prey items include rodents, rabbits,
birds and reptiles, as well as carrion (NYNHP 2013). In winter, golden eagles prey on carrion
and waterfowl and may be associated with wintering bald eagles (NYSDEC 2014a). In flight,
immature golden eagles can be distinguished from bald eagles by the presence of distinct white
patches on the underside of the wing and by a broad white tail with dark band. The most notable
mark distinguishing these two eagles at any age is the presence of feathers on the legs of golden
eagles while the bald eagle has largely exposed legs (NYNHP 2013).
33
Bald Eagle Nest Territories in New York State (Nye 2010)
34
Document H – USFWS Guidelines for Communication Tower Design
35
Guidelines Recommended by the U.S. Fish and Wildlife Service (USFWS) for
Communications Tower Siting, Construction, Operation, and Decommissioning (2000)
1. Collocation of the communications equipment on an existing communication tower or other structure
(e.g., billboard, water tower, or building mount) is strongly recommended. Depending on tower load
factors, from 6 to 10 providers may collocate on an existing tower.
2. If collocation is not feasible and a new tower or towers are to be constructed, it is strongly
recommended that the new towers should not be more than 199 feet above ground level (AGL) and that
construction techniques should not require guy wires (e.g., instead, use a lattice structure, monopole, etc.).
Such towers should be unlighted if Federal Aviation Administration (FAA) regulations permit.
3. If constructing multiple towers, the cumulative impacts of all the towers to migratory birds and
threatened and endangered species, as well as the impacts of each individual tower, should be considered.
4. If at all possible, new towers should be sited within existing “antenna farms” (clusters of towers).
Towers should not be sited in or near wetlands, other known bird concentration areas (e.g., state or federal
refuges, staging areas, rookeries), in known migratory or daily movement flyways, or in habitat of
threatened or endangered species. Towers should not be sited in areas with a high incidence of fog, mist,
and low ceilings.
5. If taller (>199 feet AGL) towers requiring lights for aviation safety must be constructed, the minimum
amount of pilot warning and obstruction avoidance lighting required by the FAA should be used. Unless
otherwise required by the FAA, only white or red strobe lights (preferable), or red flashing incandescent
lights should be used at night, and these should be the minimum number, minimum intensity, and
minimum number of flashes per minute (longest duration between flashes) allowable by the FAA. The
use of solid (non-flashing) or pulsating (beacon) warning lights at night should be avoided. Current
research indicates that solid or pulsating red lights attract night-migrating birds at a much higher rate than
white strobe lights.
Recent research indicates that use of only white strobe, red strobe, or red flashing lights provide
significant reductions in bird fatalities on towers less than 482 feet (147 meters) AGL (Gehring 2009).
6. Tower designs using guy wires for support, which are proposed to be located in known raptor or
waterbird concentration areas, daily movement routes, major diurnal migratory bird movement routes or
stopover sites, should have daytime visual markers on the wires to prevent collisions by these diurnally
moving species. (For guidance on markers, see Avian Power Line Interaction Committee (APLIC).
1994. Mitigating Bird Collisions with Power Lines: The State of the Art in 1994. Edison Electric
Institute, Washington, D.C., 78 pp, and APLIC. 2006. Suggested Practices for Avian Protection on
Power Lines. Edison Electric Institute, APLIC, and the California Energy Commission, Washington,
D.C. and Sacramento, CA, 140 pp. Also at www.aplic.org, www.eei.org, or www.energy.ca.gov or by
calling 1-800/334-5453).
7. Towers and appendant facilities should be sited, designed and constructed so as to avoid or minimize
habitat loss within and adjacent to the tower “footprint”. However, a larger tower footprint is preferable
to the use of guy wires in construction. Road access and fencing should be minimized to reduce or
prevent habitat fragmentation and disturbance, and to reduce above ground obstacles to birds in flight.
8. If significant numbers of breeding, feeding, or roosting birds are known to habitually use the proposed
tower construction area, relocation to an alternate site is recommended. If this is not an option, seasonal
restrictions on construction is advised in order to avoid disturbance during periods of high bird activity.
9. In order to reduce the number of towers needed in the future; new towers should be structurally and
USFWS 14 Sept. 2000
36
Rev. 2 Jun 2010
Page 1 of 2
Guidelines Recommended by the USFWS for Communication Tower Siting,
Construction, Operation, and Decommissioning (Continued)
electrically designed to accommodate the proposed antennas and comparable antennas for at least two
additional users (minimum of three users for each tower structure). This does not apply if this would
require that the design include additional lights or guy wires to an otherwise unlighted and/or unguyed
tower.
10. Security lighting for on-ground facilities and equipment should be down-shielded to keep light within
the boundaries of the site.
11. The USFWS or researchers from the Communication Tower Working Group should be allowed
access to the site to evaluate bird use, conduct dead-bird searches, place above ground net catchments
below the towers, radar, Global Positioning System, infrared, thermal imagery, and acoustical monitoring
equipment as necessary. This will allow for assessment and verification of bird movements and to gain
information on the impacts of various tower sizes, configurations, and lighting systems.
12. Towers no longer in use or determined to be obsolete should be removed within 12 months of
cessation of use.
13. In order to obtain information on the usefulness of these guidelines in preventing bird strikes, please
advise USFWS and TPWD personnel of the final location and specifications of the proposed tower, and
which of the measures recommended were implemented. If any of the recommended measures can not be
implemented, please explain why they were not feasible. This will assist USFWS in identifying any
recurring problems with the implementation of the guidelines, which may necessitate modifications.
Sources:
Gehring, J., P. Kerlinger, and A.M. Manville. 2009. Communication Towers, Lights, and Birds:
Successful Methods of Reducing the Frequency of Avian Collisions. Ecological Applications. 19 (2)
pp.505-514. Ecological Society of America.**
USFWS. 2000. Service Guidance on the Siting, Construction, Operation, and Decommissioning of
Communication Towers.
September 14. available on-line at http://www.fws.gov/migratory
birds/CurrentBirdIssues/Hazards/towers/comtow.html.
Note:
The USFWS 2000 guidelines are adopted by TPWD with minor language modifications and research
updates noted in the text.
USFWS 14 Sept. 2000
37
Rev. 2 Jun 2010
Page 2 of 2