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Information Related to Wetlands-Hogs Hole-SW Area-Fuertes Bird Sanc
December 11, 1990 � 99rr Dr. Frank DelVilbriss Engineer for Vegetation Management o� ,,,.� Consolidated Rall Road Corporation lv 1634 Six Penn Center y' � t Philadelphia, PA 19103 Dear Frank, Enjoyed speaking with you last Friday. Greatly appreciate your time and informative comments on vegetation control for railroad rights of way. As we discussed my call was prompted by a request for information from an individual to our local Conservation Advisory Council(City of Ithaca CAC).The inquiry regarded weed control practices along a section of track in the City of Ithaca. This section spans water in some places and is in a high visibility area within the city limits near the south end of Cayuga Lake. Several questions were raised including the following. The first regarded use of herbicides near the water ways: Why were they being used and were they safe? Our conversation provided a better appreciation for the needs,benefits,alternatives and differences in vegetation control required in ballast and off-ballast areas. Vegetation control within the ballast area is essentially for safety reasons insuring an unobstructed access to the railway bed for inspection,maintenance and allowing for optimal drainage. Off ballast areas are kept clear for access and to protect the integrity of the rail bed. Following our conversation I also have a greater appreciation for the relative tolerances for vegetation in those areas,and grade level road crossings. There appear to be more opportunities for alternatives for vegetation control in the off ballast areas than in ballast areas. I appreciated the information concerning the rationale for vegetation control and an overview of Con Rails' policies [strict adherence to all applicable state and federal regulations,having a certified licensed pesticide applicator present on each application vehicle,how areas near bridges receive special attention often resulting in hand labor for mechanical weed control,the general policy of not using any aquatic pesticides, and allowance for special attention given to vegetation control in"sensitive areas"I. Thank you for sharing your expertise on the above issues. I shared this information with our CAC and mentioned your offer to personally discuss any further concerns or answer specific questions including an on site visit. In view of the questions identified earlier in this letter the CAC intends to take a closer look at some of the potential areas where special consideration for vegetation control might be appropriate along the Con Rail line through the City of Ithaca. These areas would include those deemed particularly vulnerable from an environmental or aesthetic standpoint(proximity to water, community gardens and farmers market, recreational trails,high visibility,etc.). In at least one section the tracks come within about 50 feet of cottages on the lake. If these locations have not already identified by Con Rail as "sensitive areas"and could be corsidered as such,it:night provide an educational opportunity for our local citizens and help to enhance Con Rails'continued efforts for optimal public relations. If you were able to visit the Finger Lakes region in 1991 the CAC would like to invite you to Ithaca to share your knowledge and spend an afternoon with us in the field. A trip to this area in the spring might be a nice change of pace? Thanks again for your help. Please find enclosed some general information on IPM. Hope you find this useful. If you have any questions regarding these materials please give me a call. Have a nice Holiday Season. Look forward to speaking with you. Sincerely Yours, i J. Keith Waldron For the City of Ithaca Conservation Advisory Council cc:Betsy Darlington N CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: 272-1713 CONSERVATION ADVISORY COUNCIL CODE 607 Dr.Frank DeyVilb�ss Engineer for Vegetation Management Consolidated Rail Road Corporation 1634 Six Penn Center Philadelphia, PA 19103 June 10, 1991 Dear Frank, Hope your spring is going well! Wanted to follow up on a conversation we had last December regarding the vegetation control policies along the railroad right of way through the City of Ithaca, New York. As you may recall our conversation was about weed control practices along a section of track at the south end of Cayuga Lake. In some places the tracks span or lie along water ways and are in a high visibility area within the city limits.The local Conservation Advisory Council asked for information on the policies and use of herbicides along the tracks and particularly those areas adjacent to the water ways. We appreciated your information and an overview of Conrail's policies concerning vegetation control. Of particular interest to the CAC was the allowance for special attention given to vegetation control in"sensitive areas". To follow up on this, several members of the CAC recently hiked the section of track from the northern border of the city,near Cayuga Lake, to the southern border, near Cayuga inlet. (See enclosed map). While walking this area we tried to identify sites which might be considered sensitive areas where it might be appropriate to use alternatives to pesticides along the rail right-of way. These sensitive areas included those we felt to be particularly vulnerable from an environmental or aesthetic standpoint:proximity to water, community gardens,a bird sanctuary, homes, businesses,and recreational trails; high visibility; etc. As the tracks continue south to north through the city limits they cross at least seven streams. In addition there are several areas where water lies in drainage ditches along the track beds. In another section,the tracks come within about 50 feet of cottages on the lake. If these locations have not already been identified by Conrail as sensitive areas,and could be considered as such,it might provide an educational opportunity for our local citizens and help to enhance Conrails'continued efforts for optimal public relations. "An Equal Opportunity Employer with an Affirmative Action Program" We based our designation of a section of the rail bed as being a sensitive area on the following criteria: i)Adjacent to or spanning water; ii)Adjacent to a high use area such as the Community Gardens,Ithaca Farmers Market, Stewart Park,private homes,businesses or roads; iii)Adjacent to Fuertes Bird Sanctuary; or iv)An area of high visibility along the Rt 13 corridor. Dead woody vegetation along the side of the bird sanctuary not only could be detrimental to wildlife but is also unsightly to travellers on route 13 -a complaint we have heard from some members of the general public. In walking the railbed several sites met the above criteria.These areas have been identified on the enclosed map and a summary of specific comments regarding their location is attached.A representative sample of the photos are enclosed.We did not want to inundate you,but would be happy to send copies of the remaining photos if they would be useful.Arrows on the map indicate the direction the photo was taken towards. Some stretches of railbed, for example along Fulton Street(#'s 26, 37, 38)we assume Conrail does not spray. Around sites#32, 33, 36, 39, spraying on the west side where there is open water would be more of a problem than on the east side. Sites#28&29 are around the stream crossings and the wet area on the west side near#28. (Photo#'s 26 and 32 are enclosed). We look forward to discussing the enclosed materials with you and exploring what can be done to officially designate these areas as sensitive areas in which least toxic pest control alternatives are utilized. Thanks again for your help. If you have any questions regarding the enclosed materials please call me at(607)255-8469 or Betsy Darlington(Chair of the City of Ithaca CAC, 607-273-0707). We look forward to speaking with you. Sincerely Yours, J. Keith Waldron For the City of Ithaca Conservation Advisory Council City of Ithaca Conrail Tracks Near South End of Cayuga Lake 5/4/91 1) Railbed near City of Ithaca Department of Public Works Storage Area. Standing water adjacent to railbed between tracks and DPW site. Railbed with Ties visible in lower left of photo. Looking North (N) or NWest.(NW). 2)Dead vegetation on railbed shoulder,standing water at base of bed. Looking N. v 3)Japanese Knotweed growing along sides of track treated with herbicide. Close to residential area on northern fringe of City Limits. 4)To SouthW(SW) from just N of Stewart Park,near small stream that crosses next to Chamber of Commerce. ✓ 5)To N toward small stream crossing NE comer of Stewart Park. Chamber of Commerce would be to right(just out of the photo).Japanese knotweed sprayed adjacent to track. 6)Near SE corner of Stewart park, near Fuertes Sanctuary.Water on left(E side of RR)extends S from stream. 7)Looking N. Fuertes sanctuary on left, Rt 13 right(City of Ithaca sign located opposite where this photo taken), standing water in ditch. Shrubs left(west)of tracks dead on side closest to tracks. 8) Looking N. Fuertes Bird Sanctuary to west,Rt 13 to east of tracks. Water on both sides of the track, cattails on right. 9)Looking N, opposite Ithaca High School tennis courts. Fuertes Bird Sanctuary to west, Rt 13 to east of tracks. Moist area on left(skunk cabbage)treated with herbicide,boxelder trees dead on side adjacent to tracks,all along the E side of the bird sanctuary. ✓ 10) Looking S cattails on left in ditch,Bird sanctuary on right of tracks. 1 la)Looking N. Fuertes Bird Sanctuary to west,Rt 13 to east of tracks. Trees dead on side closest to tracks, cause unknown? I lb)Looking S, towards RR bridge over Fall Creek. Rt 13 to left,bird sanctuary on right(E) ✓ 12)towards SW, Fall Creek RR bridge. Dead staghorn sumac on bank, steep slope similar to what is seen across the stream.Are these plants spot treated by injection,sprayed,wicked or is another method used?(no#13) 14)North toward Fall Creek and Fuertes Bird Sanctuary. Dead woody plants to left. 15)NE toward Fall Creek and Rt 13. Dead shrub next to retaining wall. 16)SW adjacent to Department of Public Works(on W)and Rt 13 (on E). Note dead woody plants along drainage ditches which had water in them at the time the photo was taken. 17)Back of City of Ithaca DPW-DPW junk,pair of mallards in pool circled in red. Dead vegetation between tracks and water. 22) Looking SW crossing Cascadilla Creek. Note weeds on far bank. 23) Looking S,towards Community Gardens(on Left). 24) Looking NE,towards Community Gardens(on Right). Standing water on both sides of tracks,E side shown here. Cattails fill ditch on E side between tracks and community gardens. 25)Looking NE towards community gardens cattails along the side of tracks. 26)Looking S along Fulton Street, by W Court Street. 27)Looking SW toward Six-Mile Creek,sumac 28) Looking NE toward Six-Mile Creek bridge,wet area west of tracks(left). Area frequented by homeless people who take up residence in the woods. 29) Looking SW,bridge over flood relief channel. Area frequented by homeless. 30)Looking S, toward Nate's Floral Estates(trailer park). ✓ 31)Looking NE towards Nate's Floral Estates. ✓ 32)Looking W, toward Cherry Street Industrial Park(IP),wide channel of water beyond dead woody vegetation. 33)Looking NW, toward Cherry Street IP,Water beyond dead vegetation. ✓ 34)Looking NE,near NW corner of SW Park toward large cattail marsh on E side of tracks(in or near NW corner of South West Park). 35) Looking W, toward cattail marsh on W side of RR, opposite Southwest Park. 37)Looking SW, toward bridge over Flood Control Channel(Cayuga Inlet)and Coy Glen fish ladder. 38)Looking NE, toward bridge over flood control channel, S end of City of Ithaca. 39) Looking E, SouthWest Park from RR tracks. Fill area, composting,brick storage. CONRAIL \ 05 � S , oi June 28, 1991 J. Keith Waldron City of Ithaca Conservation Advisory Council 108 East Green Street Ithaca, New York 14850 Dear Mr. Waldron: Thank you for your letter of June 10, 1991 as well as documentation and pictures . I will be reviewing this with our current contractor in the near future and will then get in contact with you. Sincerely, F. DeVilbiss Engineer-Vegetation Control Ro m 634 S x P nn C mer Ph a hia 1 03 CONSOLIDATED RAIL CORPORATION Conservation Advisory Council City of Ithaca 108 East Green Street Ithaca, New York 14850 (607) 272-1713 Dr. Frank De�Vilb�ss Engineer for''�V7egetation Management Consolidated Rail Road Corporation 1634 Six Penn Center Philadelphia, PA 19103 November 19, 1991 Dear Frank, Enjoyed speaking with you recently about your offer to visit Ithaca to discuss vegetation management along rail road rights-of-way. Of particular interest to us is vegetation management along the section of the Conrail system that runs through the City of Ithaca. We are looking forward to visiting with you on Wednesday,December 11th. In the morning you will meet with members of the City of Ithaca's Conservation Advisory Committee(CAC)and representatives of the Town of Ithaca's CAC and Tompkins County Environmental Management Council(EMC). It would be very helpful if you could provide an information on Conrail's policies regarding vegetation management along RR Rights-of-Way. Of particular interest would be an overview of vegetation management along rail lines including the rationale;what is done,where,how and by who; alternatives; and public relations. It would then be useful to open the meeting to discuss some pertinent items of local interest. Weather permitting we would then like to tour a section of track with the group.After lunch arrangements have been made for you to meet with Mr. Ron Gardner of the Cornell University Pesticide Management Education Program to discuss Right-of Way Vegetation Management. (Ron and his colleagues are responsible for development of educational materials for NYS Pesticide Applicator Training Programs).Please find an agenda enclosed. There are several motels in the area you may wish to consider.The DIVI-Ramada Inn(Downtown close to City Hall)(607)272-1000; the Best Western University Inn(Close to Cornell)272-6100; the Sheraton Inn(easy access off of Rt 13 North, close to the airport)257-2000; and the Holiday Inn(easy access off of Rt 13 North, close to the airport)257-3100 I believe you will enjoy meeting with this small but enthusiastic group. Please let me know if you have any questions or would like any assistance with arrangements for your visit. Home phone(607) 272-0913, work 255-8469. We are looking forward to visiting with you on this subject of mutual interest! Sincerely Yours, /4� J. Keith Waldron City of Ithaca CAC cc Betsy Darlington • I e e A 4'TI I.`1 j9"30 CIA t I A E s S Gettingthe Messy '' `" took a'tour "of the tracks.to r 'examine the problems and to The number of people seeking `` e thaca$ ie=. HIV antibody'testing has risen _[ `r ��, �' needs.determine I n sharply:at G�oaell's GannettC 0 S U Tm here becau o :t8 to Health Ce4ter in the"past three "�.t know what an he bic�ide does,but weeks. Some 15 people a day are H each place has 16 own responses . being tested for the virus.thatand needs,'explained Bob.Mid- causes AIDS,up from,two a day '_ dleton ofMonsanto Company of _ several months ago.,Another 30 The biggest problem is many of Georgia: 'I want td know what people a day are calling the clinic the people who seek testing come ,� x J # ra "` best suits Ithaca.* to ask if they shouW be tested.` in prematurely►," said Kenworthy. ry�f The CAC studied the railway The increase in the number of It takes awhile for the antibodies from the north t(i the south town lines, and documented all the people being tested is being to form after contracting the virus problematic siteh.The`tour'took attn'buted to the announcement by So, someone may testnegative if former_Nl3A'player Ervin'Magic" they Dome in for testing too early." � � place near Steamboat Landing, Johnson that he tested positive for HIV antibody testing is free site of the Farmers' Market. HIV. `It's making people realize and anonymous.Clients give their "We've had a five-year contract;, with this area;-ant we like"to that heterosexual sex has its first name,and the clinic supplies a:; .,. ., risks, said Ito:Kenworthy,a sex them with a code number. No last w* regularly examind the specific,application needs of the area,' counselor at Gannett The center names, addresses orsocial -4,r. id i has°declined to release the total ascanty numbers are used. John Roy`of RW.C.said.`It's obvi- $ ously time to`=reexamine the number of students and staff that Cornell University has also railway and act on those specific have tested positive for HIV or responded to the increase in needs, even if it means more AIDS,but officials have noted that testing. AL survey found that manualt there are people at Cornell who people wanted more information _ �°- OIIS`�` ` i, ; are HIV-positive. about testing and about the Although thejserbicides have a�.�.�-� As a result of the increase in disease itself. Cornell AIDS g positive history,:new technology } o,s. ,,�. provides better analysis of them, demand for testing, Gannett has Action,the university's education said CAC member Keith Waldron.- trained several more nurses and program, is in the processes of WALKING MUM CAC Chairwoman Betsy rlington `Old chemicals are and _ _ew staff members to perform the creating an information and s n confidential HIV antibody testing, referral network of people trained (center) inspects the results of herbicide spraying with tests..We don't viwant,to recom-; railroad and,Chemical Com mend something there isn't. as well as to conduct the pre-and in AIDS education. parry Officials., enough information on.' post-test counseling required by The Gannett-Health Center is law in;New York State.The eoun- taking steps to increase education Weeding Out Trouble attended Wednesday's special But on the whole,'we had selors:check.to see if people on campus. The center is OfficialsI from Conrail and two CAC meeting to discuss the excellent dialoguing with thea understand what the testing is distributing a new brochure, major chemical companies met chemicals used and application officials, said Darlington. There about.'Ifs not an AIDS test."said `AIDS and HIV Infection Infor- with the city's Conservation methods. Frank DeVilbiss of is a legitimate need to keep vege"' Kenworthy.`It's a test for the HIV mationfor.Cornell Employees.' Advisory Council (CAC) Wednes• Conrail explained that, `For the myon down,and'I See they want to work with the community to do antibody. People need to know Several staff members at Gannett day, to discuss,weed-control trains,the operators,and"even for , this.'The staff also advises those are working with faculty to methods along the.Conrail tracks motorists at crossroads,restrict- things seeking testing to be more health- distribute AIDS-related material in in the west end `of town. CAC ing plant growth is'necessary for Morreefiginformation on the' conscious.by eating the right class. Workshops are being chairwoman Betsy Darlington ;'safety.'Tom Evans from Dupont subject can be obtained by con foods, exercising.and quitting offered that include how to speak says a number of Ithacan' s gave practical descriptions of the 'tactmg the CAC at City Hall,,108 smoking. to children about AIDS. The recently expressed concern aliout herbicides. '[Carmex and Oust] East Green Street, Ithaca;NY Another responsibility of the center will also be working with Conrail's use of herbicides, are not poisons,' Evans main- 14&50 " counselors is,to refer people to the Department of Athletics to including 'complaints of unaes- tained.'They are benign chemi- holm E.Venn the available support systems prepare coaches to answer their thetic.dead brush, and"6ie Gals that inhibit cell growth in 'Whem TheN%a la... while they`sit for test results to " players' questions. Says Ken- witness of spraying into water" plants.They do not"spread from r. return from Albany.They also worthy, 'Now everyone has to Executives from Conrail, the sprayed site,and cannot affect The United Way ph Tompkins' explain that other sexually trans- worry about AIDS and its effects." Dupont and Monsanto, and anything but plants." County is feverish:y working-to; witted diseases(STDs)can occur. Marc J. Dovi RW.C., the spraying contractors After the meeting the group coated atf �pbge 17 ;,w. ...�-.� : ..tea.... �.h,. _.-._. _ ft c IP w s 1 t � E 4� Ile • 0 0 r5 i i \1'1M �Mp,9 Sip,1 t � u NN r � }v� 1 It M �e i- 0.k'3 GAYui• lam/ T _ y i �.ast G�a t Tai it S" Mtp Mad< May 4, I0191 4.1F u.se �4 ��,..1• Lxaaws a�ow �o..jZo:� wells N rig tS Fa4 Cla&r C��y a�'��.ata CcMst.v.-�toN A4Utiov.� Cptawci� ' ;•`F�A�r �1 `—�� J Y � 1 L4" f' Ttil.n SIY—M�Lt , / }ras _ ;i j7 Sw NIL IVO f v 3 y V GAY V GA LANs L C�sc T�•K I`1[p r*&ae MdY 4, Ig91 Gly Z+►..u1Cy�,S��..1 i o oCa tolls 4'oh Cp.Ka.` +rQclCS AA„rso,, � Y ti 7 O Cu 2 13 VI 1 Marg � • SW 'PasK ui 0 I e 3 � Y t V ru 11EtE llvrcc, �\ RD / `_Rp VV RD R FAj 9G� r • P yon 34 G s p f RD OCA \T- MGri < 7a�K c^ SkLV� o J x ,�1 �A 7 VO BOIS V1,� \ °R° � G c It Cours'- ��✓- u i two p v 69 \ DPw 1 f —YO Ithaca W i Fells v �Y O G i9 K FAL ST an o �0 C_ree \� o { 79 `4^ r Y ST 00 MECKLENBURG RD YST V) N F ZOA .6 P�� TOMP<INS T MBETH WY 2 X o f 1`3 G� 9 sG YATE ST o L 34 ° 5(c �'� J' L F a z�i& F �14 � � �\ P ��� SDS z AV P 1�1 vF a SUN SE HO�PP J CAS Y Cliff D SUNRRSDE a �' �AOj CPA ADI \ AQrk E4 ST co E o Z co Z a pVF q 3 z W. o CURT ST E, I IRT a a.� SEDGE P v �O � 8'• °k � vb ci � � CLIFF ' z ; a z A z PARK T cq z CIR q z HOOK PL 0: SENECA z z E. SE CA IST Y o z U W. .? STATE z ST s s N CL f STATE W. z GREEN ST t rn GRE N S� l�OyCLEV&D AV V $ix yUOS o ELM �'� P 2 W. C NST W. � CLINTON ISTI P \• _t $0 a a PLEASANT m ,����jjjj W U JYG / CENTS ST ? G�� OLU T„ c� �S ?� 310- z PV Q Ev�� va t a a HILLVI PLLL TIT AV 1 Yuti .Y vi vi �� ° CRIES <1 WOOD ST vi zz O °tr vi 3i N T yQ�" o U GRANDVIEW z kAl CTp 0 PL 1 UD RD 1 a R° N 17 (o Glen 1 13 34 ti t y c � qqadr«s \ \ \ ,\ '`"li :`, ►1 P i it RECREATION k, CITY OF I�� AND � 7-ja�is �r,'<c�yl,{ OPEN SPACE PLANA ITHACA9 I I� RECREATION and OPEN SPACE iC -6:4.6 \\ NEW YORK 1-1111 RELITE TO DIIMPTIa .TEm ® SCHOOL PLAYGROUND -Ale �ot- \� NORTH SIDE HOUSE �tju SOUTH SIDE MOUSE ,1-7K`d"t \\ © Y.ML G A. i MC .itli� LA=E \� \�\ \ �', •� QD COUNTY LIBRARY (8T1f —DPW SENIOR CITIZENS' CENTER VISUAL EXPERIENCE 3-2-v �wwuwrla� 60% d A. ICR \L r o ►�l_ I ► t�1i� .t r I,T '/1—gyp' w.�4r• - �� �� �❑ ❑ f i - �� Fs � 17 •S4 '' \ '; M •, - _ _l/ _ r_ _ �My J! a°•)v Vii. ..`. l , nd OP N SPACE 4 - Ct`° ' p04." f,�d by the 19 8 Recreation Plan \ - — - - - CONRAIL December 13, 1991 J. Keith Waldron City of Ithaca Conservation Advisory Council 108 East Green Street Ithaca, New York 14850 Dear Keith: I want to express my pleasure in meeting with you, Betsy Darlington and other members of the Conservation Advisory Council on December 11th. I thought it was a very good meeting and exchange of concerns that will be addressed in the future. As time permits, I will review your concerns with the appropriate people and be back in touch with you. Thanks for your patience and again it has been my pleasure meeting you. Sincerely, F. DeVilbiss Engineer-Vegetation Control Room 1634, Six Penn Center Philadelphia, PA 19103 cc: Mary Phillips E. J. Sykora CONSOLIDATED RAIL CORPORATION SIX PENN CENTER PLAZA PHILADELPHIA, PA 1910.3-2959 Conservation Advisory Council City of Ithaca °y"e` 108 East Green Street ems" Ithaca,New York 14850 272-1713 a,,4-, n`` T- (607) Ll Z a..t r Mr. Frank DeVilbiss 4V Engineer for Vegetation Management Consolidated Rail Road Corporation 1634 Six Penn Center Philadelphia, PA 19103 December 20, 1991 Dear Frank, On behalf of the City of Ithaca CAC I would like to thank you for taking the time to visit with us December 11th to discuss vegetation management along rail road rights-of-way.Thank you for also arranging for John Roy, Bob Middleton and Tom Evans to join us. The CAC found the meeting particularly useful and hope that you and your colleagues also felt the meeting was time well spent.Other interested community members were present representing the Town of Ithaca CAC,the Tompkins county Environmental Management Council,the City of Ithaca's Forestry and DPW offices and one of our local newspapers. We appreciated the opportunity to discuss with the experts the factors which drive vegetation management decisions and to have a forum to discuss citizen concerns. The field trip presented a chance to visit one of Ithaca's unique ecological environments, one the CAC feels is representative of a"sensitive"area. Your willingness to visit with us on site signals a sensitivity of Consolidated Railroad to maintaining positive community relations. The professional experience and responsibilities represented within your entourage also provides an indication of how serious Consolidated Railroad considers our request for modifying vegetation control practices through the City. A number of creative ideas for meeting our mutual objectives in addressing vegetation management in a environmentally and aesthetically prudent manner were discussed. I believe that all participants left with a much greater understanding of the needs, concerns and issues that face each of us regarding vegetation management along the rail line through Ithaca. It is our understanding that you will be reviewing Consolidated Railroad's options for vegetation management through the City of Ithaca and that a plan will be developed which reflects our discussions. It is our further understanding that these modifications would be implemented during the 1992 season. Please find enclosed two articles which appeared in our local newspapers concerning your visit. Thank you again for your time and interest in meeting with us last week. Please extend our thanks to John,Tom and Bob for their participation and significant contributions.We greatly appreciate your response to our request for assistance and the opportunity to meet with such a team of experts. Hope you have a great Holiday Season.We will look forward to hearing from you. Sincerely, A�' _ J. Keith Waldron City of Ithaca CAC cc Betsy Darlington A`A�dalions be�a'►e NEW YORK COALITION for ALTERNATIVES to PESTICIDES (NYCAP) 33 Central Avenue, Albany, NY 12210 (518) 426-8246 January 22, 1992 Betsy Darlington,Chair Conservation Advisory Council City Hall 108 East Green St. Ithaca,NY 14850 Dear Betsy: Recently I was sent a copy of an article entitled"Weeding Out Trouble"which appeared in the Ithaca Times,Dec. 19, 1991. I thought it might be helpful to supply you with information on the pesticides identified by Conrail and the chemical companies you met with. It is not surprising that pesticide users and manufacturers would present a one-sided perspective on the nature of these herbicides. As you know,pesticide testing and registration requirements and oversight by the federal and state governments is inadequate and frequently new hazards are discovered or documented only after many years of use. In the recent case of the railroad accident in California which released thousands of gallons of Vapam,a soil fumigant,the public was assured of the relative safety of the chemical for weeks,until a few unreviewed studies were found by the state and the EPA which identified serious hazards. Dow,with its "safe" silicone breast implants,is also a major pesticide patent holder. Oust(sulfometuron methyl)is a sulfonylurea herbicide. This relatively new class of pesticide has been found to drift extensively and are potential ground and surface water contaminants because of their high water solubility. Problems are compounded by the fact that these chemicals are biologically active and thus are used at very low levels,making detection difficult. The sulfonylurea factsheet,written by Melvin Reuber,MD,staff toxicologist at the National Coalition Against the Misuse of Pesticides should provide some valuable information on possible health impacts from this potent chemical family. The other articles,from the Journal of Pesticide Reform,published by the Northwest Coalition for Alternatives to Pesticides(NCAP), document drift problems. Carmex(diuron) is "structurally related to linuron,whose studies have exhibited testicular adenomas in rats and liver cell adenomas ion female mice." (EPA factsheet). Diuron has been found in groundwater in California(2- 3 ppm). Chronic effect studies in lab animals indicated spleen and bone marrow effects,methemoglobinemia,hematological changed and,increased mortality and growth depression. Some developmental toxicity effects were also seen in offspring in other studies. I am also providing information on the secret"inert"ingredients which make up a significant percentage of most pesticide products. Petroleum distillates,other solvents and even hazardous waste may be used. Inerts can increase the persistence of the pesticide active ingredient and are frequently also toxic in their own right. They may also be leachers and have been detected in groundwater,in areas where agriculture is the primary activity.An excellent resource on this issue is a 17 minute video produced by NCAP,available for$15 from PO Box 1393; Eugene, OR 97440; Tel. 503/344-5044. (See enclosed flyer.) Dispel the myth of pesticide safety. Promote safer, ecologically sound alternativesl recycled paper Some communities have stopped herbicide use on rights of way,be they roadsides, railways,or powerlines. There are a variety of alternatives in use or in development,depending on the climatic and ecological conditions and the type of right of way. The Alaska Railroad reportedly stopped using herbicide on 1500 miles of right of way and a major railroad in British Columbia is close to or in the process of implementing a pressurized steam method of controlling vegetation on its tracks. We look forward to malting available a summary of such approaches prepared by one of our members; it is still in rough draft form. The Ithaca community is not alone in registering concern about Conrail's herbicide use. John Cronin,the Hudson River Keeper,who works closely with Robert Kennedy,Jr. at the Pace Environmental Law Clinic,has experienced on-going abuses from Conrail's herbicide use. Several years ago the NYS Attorney General investigated the possibility of taking action on this issue. I would be very happy to provide additional information on these or other issues by phone or mail and am also potentially available to meet with the CAC as chemical company offices have, as well as with concerned residents. I expect to be in Ithaca sometime during the month of February, and also have a somewhat flexible schedule. I am pleased to see concern about railroad herbicide use being addressed. The CAC may wish also into look at the use of herbicides on other rights of way (i.e.powerlines and roadsides) in Ithaca and,through the EMC, in Tompkins County. It is my hope,shared by many,is that the CAC will strongly endorse and work for the adoption of alternative vegetation management techniques and a most conservative policy regarding the use of biocides on railroads and in all other settings. Sincerely, Tracy Fnsch NYCAP Coordinator P.S. I heard the dreadful news of the Green Star fire which I imagine has shaken the community. My condolences. 939 Cayuga Heights Rd. Ithaca, NY 14850 March 23, 1992 Betsy Darlington Conservation Advisory Council Chair City of Ithaca 108 East Green Street Ithaca, NY 14850 Dear Betsy: The Cayuga Bird Club, in its February meeting, took up the issues you raised in your letter of January 14 concerning the spraying by Conrail for pesticides along its tracks adjacent to the Fuertes Sanctuary in Stewart Park. One of our members, Donna Ramil, investigated the degree of toxicity in ROUNDUP, which we understand to be the main chemical pesticide used. The Club felt the effects of this pesticide were benign enough that it wouldn't be worth our time and energy to post the "Bird Sanctuary--No Spraying" signs that you suggested. Nevertheless, thank you for contacting us and do let us know of any further activities that might be of concern to us. This past summer, we spread a sizeable amount of wood chips along the Sanctuary trails and hacked up a big and spreading patch of Japanese bamboo prior to the City's spraying of the affected area. The Sanctuary is important to us! S Ocerely ours, V,arl David President, Cayuga Bird Club H-19340 7/90 aUPONT � � AGRICULTURAL PRODUCTSti ; ��-.1� I ► ayi Walker's Mill,Barley Mill Plaza P.O.Box 80038 Wilmington,Delaware 19880-0038 June 3, 1992 1 `y Ms. Betsy Darlington � �'` Conservation Advisory Panel 0 ,, City of Itaca �� 108 E. Green Street Ithaca, NY 14850 Dear Ms. Darlington: On the recommendation of Tom Evans, from our Vegetation Management Business, we would like to invite you to a meeting to discuss your feelings around the environmental aspects of vegetation management. This gathering would be designed to initiate a dialogue, in a small group setting. It is our hope that by listening and discussing the issues and concerns of both sides, we will be better able to direct our research and development efforts to provide vegetation management with methods that the general public will find acceptable. Ct cuWe plan to hold this Ing in Wilmington, Delaware. Tentative dates are: August �'f7818- 13814 0 0821. Would the group find it more accommodating if we started at �) on on on a Friday a ended mid-afternoon on Saturday (August 14815)9 The agenda is not firm (we are open to suggestions), but would include a tour of Du Pont research facilities, Longwood Gardens, meetings with several marketing, manufacturing and governmental affairs managers and plenty of small group time to discuss your feelings on the industry, the future and how we can all work to make it better. It is our thought that we would invite 5 to 8 guests, such as yourself, and not plan to have more than one Du Pont host per guest with the group at any one time. The goal is for you to have a chance for meaningful dialogue and for us to have the opportunity to listen to your ideas and concerns---and hopefully to begin building some bridges. I will contact you by phone in the next two weeks to discuss your interest and availability for participation. At that time, I will welcome your suggestions on issues and topics you would like to see discussed. It is our plan to cover all travel related expenses, if that is acceptable to your organization and to you personally. Sincerely, J , i Frank A. Gasperi I ' , ✓ " �� Regulatory 8 Environmental Issues Manager Du Pont Agricultural Product FAG023/mzs _ L� cc: Dr. Keith Waldron (Cornell Coop. Ext) «... growing / Prtnerlp 1/ U4 nature. S .,, :� r �. " .. ...:e � f August 12, 1992 Frank A. Gasperini Regulatory and Environmental Issues Manager DuPont Ag. Products Walker's Mill, Barley Mill Plaza P.O. Box 80038 Wilmington, Del. 19880-0038 Dear Mr. Gasperim: Keith Waldron and I are looking forward to our meetings with you at DuPont on Aug. 20-21, and to hearing from your secretary regarding plane reservations, etc. Thanks very much for the invitation. As I mentioned on the phone, we have been asking others in the Ithaca area for ideas, questions, or concerns to raise with DuPont, with the hope of being able to send you something in advance of the meeting. I should have this list ready to send to you soon. Thanks again! Sincerely, Betsy Darlington, CAC Chair 204 Fairmount Ave. Ithaca, NY 14850 (607) 273-0707 COU P0NT AGRICULTURAL PRODUCTS Walker's Mill, Barley Mill Plaza P.O. Box 80038 August 12, 1992 Wilmington, DE 19880-0038 Registration&Regulatory Affairs Fax:302-992-6470 �' Keith Waldron Ithaca, NY John Randall Galt, CA Lynda Beam Savannah, GA Angela Medbury Denver, CO lron L"ro a& L+,A,;)LA V,-t tr✓,"'e. Flight Arrangements Enclosed are your tickets, flight plan and copy of Agenda as it is at the present time. Rooms have been reserved in your names at the Mendenhall Hotel and Conference Center on Route 52 in Mendenhall, Pennsylvania. The plans at this time are that you will be met at the airport in Philadelphia, PA, by either Tom Evans, Laurie Gordon or me. If you have any problems with your flight arrangements, there is an 800 number listed on the flight plan for Rosenbluths 24 hour service. Sincerely, Frank A. Gasperini U. S. Regulatory Affairs and Environmental Issues /ehp:Al-014751 Enclosures AG-6601 (302) 892-0841 all PUNS' Fax(302) 992-2935 " ~ ices: (215) 793-3717 u John B. Roy �� PONT ' PRESIDENT Qvm DANIEL E. CLARK Sales and Marketing Team Leader WEED•GRASS•BRUSH CONTROLSALES&SERVICE Vegetation Management � THOMAS M. EVANS Senior Account Manager Du Pont Agricultural Products RWC, INC. P.O. Box 80038-WM4-134 b�ont Agricultural Products i Wilmington, DE 19880-0038 LOCKHOUSE ROAD,P.O.BOX 876,WESTFIELD,MA 01086 1078 Cheney Drive - f TEL.14131 562-5681 West Che�� est-r FA 19382 F CONRAIL I I 1 10 Aspen Ln. R ,,•u,,o 6 a u PONT (302)892-0876 Windsor,CO 80550 Fax(302) 992-6470M- -.. (303)686-7732 Fax(303)6869231 . PAT L IM . LAURIE GORDON GILBERT J. MEYER, JR. vegetation Management Division Manager, U.S. Regulatory&Environmental Issues aOPr�POunuor cuNsa A aAr� FRANK DeVILBISS h0l',I' [VAN rfN 1hF11,A Fr,cu uu VH,1TATIONCONTROL l E.I.Du PONT DE NEMO URS&COMPANY(INC.) r'Fw Au FwiA PA 110:3 Du Pont Agricultural Products i Agricultural Products Department Barley Mill Plaza, Walker's Mill Barley Mill Plaza, Walkers Mall Bldg. IM ()PA v»5�9, Post Office Box 80038 Wilmington,DE 19898 POWWilmington, DE 19880-0038 (I FAX(302) 992-6470 (412) 934-1685 o U P UNT ( WIT Fax (412) 934 1684 Voice Mail (800)453 869 RICHARD F. HOLT ` f' FRANK A. GASPERINI PAUL S. LACTER Environmental Issues Manager Manager, Regulatory Affairs(Washington) � / Senior Programs Manager i 9 PONT Agricultural Products j Du Pont Agricultural Products Post Office Box 80038 DU PONT EXTERNAL AFFAIRS 3�rrduPA 15090 m Court Wilmington,DE 19880-0038 (302)992-6277 (302)892-1913 � � Wilmington,DE 19898 Fax(302)992-5983 (302) 992-6270 ,i, T QU PON 1 FAX (302) 992-6470 t Z w N U Q > O M p U Ce e SUZANNE C. SHAW FREDRICK O. O'NEAL, Ph.D., D.A.B.T. ( ti 0 C co Public Affairs Specialist Toxicologist Z O q v � E.L DU PONT DE NEMOURS 6 COMPANY(INC_) Z p EXTERNAL AFFAIRS Agricultural Products Department Z m < WM5-172 (302)992-6286 �aOIe�INr18100P38 iAblker's Mill Bldg. m J Wilmington,DE 19880-0038 FAX(302)992-5983 Wilmington,DE 19880-0038 +. 1 Some questions from Conservation Advisory Council (City of Ithaca) for discussions on August 20-21, 1992 with Du Pont 1. While consumers are told repeatedly in ads that it's cheaper to use chemical rather than mechanical methods, what actual evidence is there for this? If such comparisons have been made, to what extent have the studies factored in environmental costs? Who has done or sponsored the studies? J 2. What educational programs does Du Pont take part in to encourage use of newer, improved methods? (Less toxic chemicals, biological or mechanical controls, IPM, etc.) v"3. What sort of technical advice (in addition to product labels) does Du Pont provide for major users of its products? What sort of control or oversight, if any, does Du Pont exercise over large users of its products? 4. A common problem for users is getting rid of supplies of one chemical when a new, better one becomes available. (The temptation is to use up the old one first.) What does Du Pont have to offer here--e.g. amnesty return programs of older chemicals? What cost- �j ��tive,'disposal methods are available fpr consumers? ' .4 4'-s R �� r r( t.Q, '► � ( �t.Mn ,�S�t R • S '�'O u y,t'A l � 5. What liability insurance is required or available for users and makers of pesticides? Or is it true that such insurance is no longer available? 6. What would Du Pont's position be on a registry program in each county so that citizens could find out how much and what is being used (at least by public agencies and other major users)? 7. What chemicals that Du Pont sells are currently being used around the northeast for vegetation control along rights-of-way? 8. A big concern all over the country is surface and groundwater pollution from pesticides. How is Du Pont responding to these concerns? Are there ways we and other citizens could assist Du Pont? 9. How does Du Pont respond to the concern of people who have severe reactions to pesticides? 10. Please explain Du Pont's environmental risk evaluation process. p�✓ 11. For materials being reregistered, please explain the process for materials being sent overseas. f � Additional items (not sent in advance)for the conversations with Du Pont: RE QUESTION #: 2. Once a spraying program has been initiated, it's often simpler to just keep using that same method, and not evaluate other methods. 3. Distribution? Follow-through? How does Du Pont work with users to ensure safety? 6. This would facilitate evaluation of potential cumulative effects of various spraying programs, or at the least, give people a way to stay informed. 1.Syyw, 4 It's not that any one chemical (in most cases) is so bad, but it's the cumulativeAeffect. E.g. carrots, potatoes, broccoli, grapes, apples--all eaten at one meal--may each have a different chem. on/in them. Note that informed choice doesn't necessarily lead to anti-pesticide attitudes. 7. E.g. can it, or does it, ever encourage use of IPM, or recommend that environmentally or aesthetically sensitive areas be mapped out and treated mechanically rather than chemically? 9. E.g. someone who gets sick from walking along the side of a road that's been sprayed. 10. What does EPA require for registration--explain the process and the safeguards that are built into it--from EPA's and their perspective. What does Du Pont do during the reregistration process for materials that have been on market a long time? For materials that they don't register in the U.S., do they drop the product or sell it overseas? (Can't ship things banned in US to other countries--"circle of poisons" laws--but can make them there for sale there.) What are Du Pont's plans for developing least toxic materials in future? * What is Du Pont's position regarding legislation giving localities the ability to regulate pesticide use (provided such regs. are stricter than the EPA's or the state's)? * What is Du Pont's position regarding notification legislation? * Position on educating the public about specific r.o.w. veg. control programs--need for it? Whom would a citizen contact at Du Pont? How can citizens work together on this? W"-)- A 44-1 v.., f-- A.Z. * Who is making the decisions about whether to spray, and what to use, or doesn't Du Pont have any way of knowing? * What are Du Pont's aims: Eradication or control? to slow growth down? to kill or defoliate? if attempting to control brush, to improve sight lines (e.g. along rail lines), is spraying actually needed--are the decision-makers actually taking into account the height of the engineer above the brush? * How often is spot spraying used rather than a continuous spray, along right-of-ways? * Who does the spraying--a trained person? And who mixes the material? an Yonkin's experience, it is common for untrained people to do these tasks, and mistakes are extremely common.) * Obviously, Du Pont favors chemical over mechanical or biological controls, but under what circumstances does it recommend these, if any? Has Du Pont any plans to become involved with the biological control industry-- e.g. beneficial insects? av , .M -+t . 6. ( S mar om., � TW U, '' �*� r. o.W S . N e a�.4. l vw "d o--� 6-M OZ, uw ,""'tet ) W ``5 P'✓ r.0 w , v--5, �.�erg-a�,N,A, -,�- Some questions for discussion on August 20-21, 1992 with Du Pont 1. While consumers are told repeatedly in ads that it's cheaper to use chemical rather than mechanical methods, what actual evidence is there for this? If such comparisons have been made, to what extent have the studies factored in environmental costs? Who has done or sponsored the studies? 2. What educational programs does Du Pont take pto encourage use of newer, improved methods?("as ` Pah 3. What sort of technical advice (in addition to product labels) does Du Pont provide for major users of its products? What sort of control or oversight, if any, does Du Pont exercise over large users of its products? 4. A common problem for users is getting rid of supplies of one chemical when a new, better one becomes available. (The temptation is to use up the old one first.) What does Du Pont have to offer here--e.g. amnesty return programs of older chemicals? What cost-effective disposal methods are available for consumers? 5. What liability insurance is required or available for users and makers of pesticides? Or is it true that such insurance is no longer available? 6. What would Du Pont's position be on a registry program in each county so that citizens could find out how much and what is being used (at least by public agencies and other major users)? 7. What chemicals that Du Pont sells are currently being used around the northeast for vegetation control along rights-of-way? - �A. A big concern all over the country is surface and groundwater pollution from pesticides. How is Du Pont responding to these concerns? Are there ways we and other citizens could assist Du Pont? 40J �O ♦ �'i'� �'T-' �w�♦A L,eC eAJ*' `� �� g � e.� � � ,� �. �, � � � .� q � �� � � ��.�-�` l�� f �, �� � � �� �� �, �- � e� Q�,� �- �� � � �.� w�� � ��' Additional items (not sent in advance)for the conversations with Du Pont: RE QUESTION #: 2. Once a spraying program has been initiated, it's often simpler to just keep using that same method, and not evaluate other methods. 6. This would facilitate evaluation of potential cumulative effects of various spraying programs, or at the least, give people a way to stay informed. It's not that any one chemical (in most cases) is so bad, but it's the cumulative effect. E.g. carrots, potatoes, broccoli, grapes, apples--all eaten at one meal--may each have a different chem. on/in them. 7. E.g. can it, or does it, ever encourage use of IPM, or recommend that environmentally or aesthetically sensitive areas be mapped out and treated mechanically rather than chemically? * What is DuPont's position regarding legislation giving localities the ability to regulate pesticide use (provided such regs. are stricter than the EPA's or the state's)? * What is DuPont's position regarding notification legislation? * Who is making the decisions about whether to spray, and what to use, or doesn't DuPont have any way of knowing? * What are the aims: to slow growth down? to kill or defoliate? if attempting to control brush, to improve sight lines (e.g. along rail lines), is spraying actually needed--are the decision-makers actually taking into account the height of the engineer above the brush? * How often is spot spraying used rather than a continuous spray, along right-of-ways? * Who does the spraying--a trained person? And who mixes the material? (In Yonkin's experience, it is common for untrained people to do these tasks, and mistakes are extremely common.) * Obviously, DuPont favors chemical over mechanical controls, but under what circumstances does it recommend mech. controls, if any? 1M Additional items (not sent in advance)for the conversations with Du Pont: RE QUESTION #: 2. Once a spraying program has been initiated, it's often simpler to just keep using that same method, and not evaluate other methods. 3. Distribution? Follow-through? How does Du Pont work with users to ensure safety? 6. This would facilitate evaluation of potential cumulative effects of various spraying programs, or at the least, give people a way to stay informed. It's not that any one chemical (in most cases) is so bad, but it's the cumulative effect. E.g. carrots, potatoes, broccoli, grapes, apples--all eaten at one meal--may each have a different chem. on/in them. Note that informed choice doesn't necessarily lead to anti-pesticide attitudes. 7. E.g. can it, or does it, ever encourage use of IPM, or recommend that environmentally or aesthetically sensitive areas be mapped out and treated mechanically rather than chemically? 9. E.g. someone who gets sick from walking along the side of a road that's been sprayed. 10. What does EPA require for registration--explain the process and the safeguards that are built into it--from EPA's and their perspective. What does Du Pont do during the reregistration process for materials that have been on market a long time? For materials that they don't register in the U.S., do they drop the product or sell it overseas? (Can't ship things banned in US to other countries--"circle of poisons" laws--but can make them there for sale there.) What are Du Pont's plans for developing least toxic materials in future? * What is Du Pont's position regarding legislation giving localities the ability to regulate pesticide use (provided such regs. are stricter than the EPA's or the state's)? * What is Du Pont's position regarding notification legislation? * Position on educating the public about specific r.o.w. veg. control programs--need for it? Whom would a citizen contact at Du Pont? How can citizens work together on this? * Who is making the decisions about whether to spray, and what to use, or doesn't Du Pont have any way of knowing? * What are Du Pont's aims: Eradication or control? to slow growth down? to kill or defoliate? if attempting to control brush, to improve sight lines (e.g. along rail lines), is spraying actually needed--are the decision-makers actually taking into account the height of the engineer above the brush? * How often is spot spraying used rather than a continuous spray, along right-of-ways? * Who does the spraying--a trained person? And who mixes the material? an Yonkin's experience, it is common for untrained people to do these tasks, and mistakes are extremely common.) * Obviously, Du Pont favors chemical over mechanical or biological controls, but under what circumstances does it recommend these, if any? Has Du Pont any plans to become involved with the biological control industry-- e.g. beneficial insects? Conservation Advisory Council City of Ithaca 108 East Green Street Ithaca, New York 14850 / /gyp (607) 272-1713 Mr. Frank DeVilbiss Engineer for Vegetation Management D \ Consolidated Rail Road Corporation 4 Si enn enter Philp pphtff,�PA4W3 December 14, 1992 Dear Frank, It has been quite some time since we last spoke. Hope that you had an enjoyable summer and fall and that you are doing well. On behalf of the City of Ithaca CAC,I wanted to touch base to see if there has been any progress toward the development of a vegetation management plan for the ConRail section through the City of Ithaca. If you will recall this idea was proposed last December when you, John Roy,Bob Middleton and Tom Evans visited Ithaca to review an unsightly herbicide burn area along the southern edge of Cayuga lake. It was the our understanding that you and your staff would be reviewing Consolidated Railroad's options for vegetation management through Ithaca and that you intended to formulate a plan which reflected our concerns regarding herbicide use on and adjacent to the railroad tracks at the southern end of Cayuga Lake. The principle concerns were related to use of chemicals near the lake and contributing streams, residential areas,and a city bird sanctuary. Also raised were questions on the possibilities for alternative vegetation control. It was our understanding that these modifications would be implemented during the 1992 season. To the best of my knowledge the city did not receive any inquiries or complaints regarding vegetation control practices by ConRail this season. Since at least maintenance levels of vegetation control were no doubt implemented,this"complaint- free"season would appear to reflect a concerted effort to apply an effective vegetation control strategy tempered by a sensitivity to public concerns. Would it be possible to obtain a copy of the vegetation management plan utilized in the Ithaca area this season?Also,when should we expect vegetation control activities off-ballast areas through the rail corridor to be implemented, such as the treated area we walked during your visit? Thank you for your help. Hope you have a great Holiday Season.We will look forward to hearing from you. Sincerely, J. Keith Waldron City of Ithaca CAC cc Betsy Darlington MEMO FOR RDCORD FROM: Jon Meigs, P& ✓UU SUBJECT: RESTRICTIONS ON USE AND DEVEMPMENT OF LAND IN FLOODWAY (FW-1) ZONE DATE: October 11, 1984 Questions continue to be raised about the extent, origin and legality of reEtrictions set out in the Zoning Ordinance regarding the area adjacent to the Cayuga Inlet, west of the flood control levee. Though the ordinance sets forth amply the rationale, the origins of the zone are not widely known. The attached letter should be helpful in explaining this background. While the letter doesn't give a complete picture, it contains references to information which should be on record with the Corps of Engineers, and which probably exists in City files somewhere that I haven't come across. The Corps, as a condition for constructing flood protective works, requires some form-of local metal assurance that the use and development of certain ]ands in the vicinity of a project will, after construction of the protective works, be controlled so that the protective works will function as intended. In this instance, the area referred to is intended to serve as a temporary holding area for flood waters descending the Inlet which could not be accommodated in the restricted Flood Control Channel (and upper/southern portion of the lake) as fast as they accumulate. Therefore, the area must remain vacant of fill, build- ings or structures which would reduce its volumetric capacity: obviously, such physical features would displace an equal volume of flood water which might then overtop the levee and threaten development on the protected side. As the letter indicates, the control opted for by the City was acceptable. By my recollection, the FW-1 zone was enacted in 1968 or 69, and was incorporated into the present 30.44 when that Section was enacted a few years later to meet requirements for City eligibility for federal flood insurance. Areas A and B on the map referred to in the letter are primarily in the City (A) and wholly in the town (B) , respectively. The FW-1 zone is intended to be co- extensive with that portion of A lying in the City. Its bounds are the long leg of the levee; a line running from the bend of the levee in a west southwesterly direction at an interior angle of .1080 to the long leg and intersecting the abandoned railroad grade which follows the City line; the railroad as it curves back to the north; and then crossing the Inlet and City line into the Town, where it forms/follows the southerly boundary of Area B in the 'Down. The southerly boundary of area A, between the levee and railroad, does not appear to be congruent with the southerly boundary of the FW-1 zone, as the latter is shown on current zoning maps. This may be due to drafting error, and probably should be corrected as soon as possible in order to avoid inadvertent encroachment on the floodway. There may also be sane confusion about this delineation due to the difference between the Floodway (area A) and the Flood Hazard Zone, which extends further toward Elmira Rd. The Flood Hazard Zone, definitively mapped in 1981 by HUD, is RE: FZOODWAY ZC NE (FW-1) Fit THE RDO0RD Oct. 11, 1984 page 2. that area/those areas subject to inundation by a '100 year flood'; the zone limits are the calculated edges of this hypothetical flood, and the zone naturally overlaps other zones in the City. It is a sort of overlay zone, arra is not truly a zone in the sense that other locally-established zones are. Its effect on local land use and development is simply to add requirements to what is permitted in a City zoning district, not to restrict what may be done. The added require- ments are aimed at ensuring that development within the flood hazard zone are 'floodproofed, ' or protected against flood damage (by being above the design level of the 100-year flood, or impenetrable below that level) so that the proper- ty qualifies for federally-subsidized flood insurance. The Building Dept. monitors building requests for this zone in order to make certain developers are aware of this requirement. The Flood Hazard Zone includes the Floodway. Thus, in the area in question, (1) no permanent building or fill is permitted in the Floodway/area A, but (2) use and development permitted by local zoning may occur in the Flood Hazard zone outside the Floodway, provided it is floodproofed. While it is obvious that development in the Flood Hazard Zone, whether buildings or landfill, will reduce the capacity of that area to acoonmodate flood water, increasing the area of the City which would be affected by design year flood, and potentially reducing the efficacy of the flood holding area (area A) and the levee, it seems apparent that the federal government felt it could go only so far in removing private land from the develop- ment inventory. As the attached letter indicates, the Corps felt that development restrictions on area A were all that were needed 'for the satisfactory operation of the project, ' but they seen to have avoided the potential for loss of flood water holding capacity through filling outside the floodway, which a prudent developer might have done even in the absence of the subsequently-enacted Flood Insurance Program incentive. JCI:jv attachment: ltr. U.S. Army Corps of Engineers, Buffalo, dated Oct. 20, 1965 A�:• F(.%)4 CO-„ } CA 64IV ( U. R ARMY KNO1NKKR DISTRICT, SU"ALO CORPS or KNOINKKRS b roar oI amoat waacy WPVPA^ NtW Y0111[ 14W 44'e•T0; NCBED-B 20 October 1965 Thomas Niederkorn, Planning Director City Hall Ithaca, New York 14850 Dear Sir: ' a We have your letter dated 13 October with regard to floodway ease- ments near the upstream and of the Cayuga Inlet local flood protection project. We assume you are referring to the easements described in our letter dated 7 July to 14. Horace S. Evans of the State Department of Public Works and shown on the drawing accompanying that fetter.. ell I Thr-t" "easement'' used !,n our letter of 7 July means permanent controltof-tlti.lreai A`atid`3. for the proper functioning of the flood con- trol-`#roft4t.'1* aiiding' the limitations stated in our 7 July letter in'Aesi •aiyas ioifld interfere with flow into the channel and to the drop +' structure and thus came higher stages at the upper end of the project, possibly circumventing the dike and cawing the:-flooding which we are attempting to prevent. A real estate easement would be the most positive method of control, but based on the judgment of the State and the City, zoning which provides the controls required by our letter of 7 July would be acceptable to this office, and would be subject to the same inspection as the balance of the project for compliance with the limitations required for satisfactory operation of the project. Zoning for areas A and 3 should be initiated immediately siaca con- trol of this area is an integral part of the project and satisfactory m control of these lands at be obtained before construction of the project can proceed. The map scale and location of the levee line and the south boundary' of easement A are accurate enough to use to establish a zone district. Exact locations of these lines can be obtained from the District Engineer, State j Department of Public Works office at Syracuse, New York. i BUY AND HOLD U. S. SAVINGS BONDS I i,rw NCBBD-B Thomas Niederkorn, Planning Director The line is drawn in the position shown on the map to distinguish between a critical area needed for the satisfactory operation of the project and other areas above the project, all of which will normally be flooded to their original flood conditions prior to the project. Zoning or easement control is necessary only for the areas requested by this office. No control will be required south of the easement line for pro- ject purposes since conditions in this area will not be changed from those that now exist. It will not be necessary to place any restrictions in the areas south of easement areas A and B unless the local political subdivision desires to do so in order to prevent indiscriminate building in the flood plain. Information on which to base such restrictions will be set forth later in a flood plain information report. This report has been requested by the Cayuga Lake Basin Board, but the completion date is not yet definite. Sincerely yours, Copy furnish • $orace S~w,�Is� �C13 �9e s ,f Directorlr q o4trol a Albany. Hew or '. '.' • ;. H: •WIISON NE" `? Coloael, Corps of EnQiaow t. f 1') kL-t EnQineez ' f►' �•._. �,. a . . _.. .ti ... 2 - . What Is A Wetland? The US Army Corps of Engineers and the US �v F Environmental Protection Agency (EPA) jointly define wetlands as follows: Those areas that are inundated or saturated by surface or ground water at a frequency and a duration sufficient to support, and that under I normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar u x areas. Wetlands are areas covered by water or that have waterlogged soils for long periods during the growing season. Plants growing in wetlands are capable of living in soils lacking oxygen for at least part of the growing season. Wetlands such as swamps and marshes are often obvious, but some wetlands are not easily recognized, often because they are dry during This brochure describes, in nontechnical terms, part of the year or "they just don't look very wet" ways an individual can determine whether an area from the roadside. Some of these wetland types may be a wetland for purposes of the Corps of include, but are not limited to, many bottomland Engineers permit program. It also tells who to contact forests, swamps, pocosins, pine savannahs, bogs, if you think an area to be filled is a wetland. marshes, wet meadows, potholes, and wet tundra. The information presented here usually will enable you to determine whether you might have a wetland. If you intend to place dredged or fill material in a wetland or in an area that might be a wetland, contact the local Corps of Engineers District Office identified on the back cover for assistance in determining if a permit is required. I 1 i ' f Why Is It Necessary to Consider Whether probability of being a wetland. If any of the following An Area Is A Wetland? situations occurs, you should ask the local Corps office to determine whether the area is it wetland: Section 404 of the Clean Water Act requires that Area occurs in a floodplain or otherwise has low anyone interested in depositing dredged or fill material spots in which water stands at or above the soil into "waters of the United States, including wetlands," surface for more than 7 consecutive days during must apply for and receive a permit for such activities. the growing season. Caution: Most wetlands lack The Corps of Engineers has been assigned respon- both standing water and waterlogged,coils during sibility for administering the Section 404 permitting at least part of the growing season. process. Activities in wetlands for which permits may Area has plant communities that commonly occur be required include, but are not limited to: in areas having standing water for part of the growing season (e.g., cypress-gum swamps, • Placement of fill material. cordgrass marshes, cattail marshes, bulrush and • Ditching activities when the excavated material is tule marshes, and sphagnum bogs). sidecast. Area has soils that are called peats or mucks. • Levee and dike construction. Area is periodically flooded by tides, even if only • Landclearing involving relocation of soil material. by strong, wind-driven, or spring tides. • Landleveling. • Most road construction. Many wetlands may be readily identified by the • Dam construction. above general situations, but there are numerous The final determination of whether an area is a wetlands in which it is unclear whether the above wetland and whether the activity requires a permit occur. In such cases, it is necessary to carefully must be made by the appropriate Corps District examine the area for wetland indicators of the three Office. major characteristics of wetlands-vegetation, soil, and hydrology. The following are wetland indicators of these characteristics. Qh id {F S It INw. w How Can Wetlands Be Recognized? The Corps of Engineers uses three characteristics ,e of wetlands when making wetland determinations- vegetation, soil, and hydrology. Unless an area has been altered or is a very rare natural situation, wetland indicators of all three characteristics must be resent for an area to be a wetland. Each characteristic is discussed below. However, there are some general situations in which an area has a strop Z 3 �s I S I k Vegetation Indicators Soil Indicators Nearly 5,000 plaet types in the United States may There are approximately 2,000 named soils in the occur in wetlands. A list of the types that occur in United States that occur in wetlands. Such soils,called your area can be obtained from the local Corps office, hydric soils, have characteristics that indicate they the US Army Engineer Waterways Experiment were developed in conditions where soil oxygen is Station (WES), ATTN: CEWES-EP-D, PO Box 631, limited by the presence of saturated soil for long Vicksburg, MS 39180-0631, or from the US Fish and periods of the growing season. The US Soil Wildlife Service, National Wetlands Inventory, 9720 Conservation Service (SCS) has published a list of Executive Center Drive, Suite 101, Monroe Bldg., St. hydric soils. This list is available from the local SCS Petersburg, FL 33702. You can usually determine if office, WES, or the local Corps office. If the soil in wetland vegetation is present by knowing a relatively your area is listed as hydric, the area might be a few plant types that commonly occur in your area. wetland. For example, cattails, bulrushes, cordgrass, sphagnum If the name of the soil in your area is not known, moss, bald cypress, willows, mangroves, sedges, there are several indicators of hydric soils that may rushes, arrowheads, and water plantains usually occur be determined by examining the soil, including: in wetlands. Other indicators of wetland plants can • Soil consists predominantly of decomposed plant exist as trees having shallow root systems, swollen material (peats or mucks). trunks (e.g., bald cypress, tupelo gum), or roots found • Soil has a thick layer (8 inches or more) of growing from the plant stem or trunk above the soil decomposing plant material on the surface. surface. Several Corps offices have published pictorial • Soil has a bluish gray or gray color at 10 to 12 guides of representative wetland plant types. If you inches below the surface, or the major color of cannot determine whether the plant types in your area the soil at this depth is dark (brownish black or are those that commonly occur in wetlands, ask the black) and dull. local Corps office or a local botanist for assistance. • Soil has the odor of rotten eggs. VFW i i r.. _. �+ } 5 • Soil is sandy and has a layer of 3 inches or more of decomposing plant material at the soil surface. • Soil is sandy and has dark stains or dark streaks +- ,1 of organic material in the upper layer 3 to 12 inches below the soil surface. These streaks are - decomposed plant material attached to the soil a particles. When soil from these streaks is rubbed between the fingers, a dark stain is left on the — _ _ i•� fingers. .' Hydrology Indicators Wetland hydrology refers to the presence of water either above the soil surface or within the soil for a sufficient period of the year to significantly influence the plant types and soils that occur in the area. The most reliable evidence of wetland hydrology is provided by gaging station or ground water well data. However, such information is limited for most areas and, when available, requires analysis by trained Water marks are present on trees or other erect objects. Such marks indicate that water period- individuals. Thus, most hydrologic indicators are ically covers the area to the depth shown on the those that can be observed during field inspection. objects. Most do not reveal either the frequency, timing, or • Drift lines, which are small piles of debris oriented duration of flooding or the soil saturation. However, in the direction of water movement through an the following indicators provide evidence of the area, are present. These often occur along periodic presence of flooding or soil saturation: contours and represent the approximate extent of • Standing or flowing water is observed on the area flooding in an area. for 7 or more consecutive days during the growing • Debris is lodged in trees or piled against other season. objects by water. • Soil is water-logged. This can be determined by • Thin layers of sediments are deposited on leaves digging a hole to a depth of 12 inches and or other objects. Sometimes, these become examining the soil. If water stands in the hole, if consolidated with small plant parts to form the soil glistens with water at any depth to 12 discernible crusts on the soil surface. inches, or if water can be squeezed from the soil, if the soil is waterlogged. LAt i i 6 7 s 1 � Wetland Determination One or more indicators of wetland vegetation, hydric soil, and wetland hydrology must be present for an area to be a wetland. If you observe definite indicators of one or two, but not all three characteristics, you should seek assistance from either the local Corps District Office or someone who is an expert at making wetland determinations. What To Do If Your Area Has Wetlands That You Propose to Fill Contact the Corps District Office that has responsibility for the Section 404 permitting process in your area. The address and telephone number of this office are provided on the back of the brochure. This office will accurately define the boundary of any wetlands on your property, and will provide instructions for applying for a dredge and fill permit, if necessary. ;;y_ a�w _y ��• � I i 10/87 f! t Statement to Common Council on Transfer of Festival Lands to Fin-er Lakes State Parks Betsy Darlington Sept. 3, 1989 A lot more than the Hogs Hole wetland is at stake in the proposed transfer of the Festival Lands. Currently, there is a wide band of lawn between the Treman Marina and the Hogs dole. This grassy area forms a beautiful green avenue to the lake, and is the only place we have on this end of the lake with such an open, uncrowded feeling to it. As population density increases, places such as this are becoming rare and extremely valuable. Once they are lost, they are lost forever. There is a movement in the bio cities to our east to save some of the open spaces that are still left, places that provide a measure of psychic relief that cannot be found on a psychiatrists couch or anywhere else. Incidentally, people recovering from heart attacks, surgery, and other problems have told me they find this place almost indispensable to their recovery. In talking to several members of Common Council, I have discovered that those who have not gone down there with the map--and with State Parks personnel to explain the map--do not realize that this entire gentle, serene landscape between the Marina and the Hogs Hole would be eaten up by the marina expansion. One more pier does not sound like much, but in fact, one pier requires an enormous amount of space--about twice as much as I had thought before I saw their map. The clump of 5 large cottonwood trees to the west of the marina (and on the west side of the grassy boulevard) would be removed, because that is where the new western edge of the marina will be, if the Festival Lands are transferred! If this ill-conceived plan is ever implemented, I think the people of this City will be truly outraed when they see what has been taken away from them. And when the Parks System starts charging admission for use of the area, that will be the final blow. How many cities can boast an unspoiled, broad expanse of open space next to a wild area, leading to a beautiful lake, right in the city? No admission. And no asphalt, no cars, no noise, no pollution. (Unfortunately, much of this will be taken away if State Parks goes through with the rest of their plan, which calls for a new road, two parking lots, two "comfort stations", and new picnic areas, north of the Hogs Hole and Marina. They dont seem to recognize that what they have there right now is just as it should be, and meddling with it will simply destroy it.) Somethin- else you should know is that the area to the west of the lawn, the area that is now weeds (that should be permitted to grow up each year), is a critical resting and feeding area for numerous migrating birds, including some scarce species. This weedy area would be replaced by a mowed lawn. A biologist at Ithaca College tells me that this weedy area and the Hogs Hole are one of the best places in the county to see large concentrations of many species. He takes his classes there every year. The weedy area is also an important stopover spot for many species of migratin- butterflies. Because of the biological richness of the Festival Lands, the area is also an important place for people who find refreshment in witnessin.- this richness. So its not just "saving it for the birds." Its also saving it for important educational and recreational use by humans. Do we really want to give up all this for the sake of satisfying the desires of 58 more boaters? 204 Fairmount Ave. Ithaca. NY 14850 Sept. 7, 1989 Commissioner Orin Lehman Cffice of Parks, Recreation and Historic Preservation Agency Bldg. 1, Empire State Plaza Albany, NY 12238 Dear Commissioner Lehman: There are some major problems with the Finer Lakes State Parks proposal for the Treman Marine Park expansion, and development north and northwest of the marina. A broad spectrum of people in the City of Ithaca and the surrounding area are concerned. I am enclosing a statement I made last ni ht to Common Council, so I will not repeat those comments here. ZD Even among tie few supporters of the marina expansion, there seems to be nearly unanimous opposition--and not just from environmentalists--to the proposed road that would curve around along the western border of the so-called Festival Lands, then cut through the edge of the Hogs Hole wetland. Then the road would fork, with one branch going to a new parking lot, comfort station and picnic area just north and east of the ;Hogs" Hole, and the other branch leading to a second parking lot, comfort station and picnic area lust north of the marina. Von-environmentalists are concerned because the Man would destroy the feeling of openness and quiet--as discussed in more detail in the enclosed statement. Environmentalists are upset because the road and western parking lot (etc.) would be ri ht next to (some would say, through) the Hogs' dole, and because the beautiful fields of diverse ve getation would be replaced by dawn. This is an especially critical area, located as it is on a major flyway. It,s the last vestige of the once-vast wetland that used to border Cavuga Lakes southern end. High concentrations of migrating birds stop here and in the adjoining fields (which many feel should be included in the Hogs Hole boundaries), to rest and feed. The whole area is also a significant spot for many species of migrating butterflies. At a time when both the federal and state governments are attempting to protect wetlands, and even expand them, its ironic that the local office of the Parks System is willing to take a chance on seriously imptictina, this one. And the biologically rich adjoining fields with their interestin- plant diversity, ,could be turned into monocultural mowed lawns--practically natural deserts, although visually attractive! Commissioner Andrew Mazzella keeps repeating that he runs parks for people, not birds. But the fact is, large numbers of people are drawn to the park because of the many birds (including some scarce or declining species). College professors take their classes there, and it,s hi-h on the list of binding hotspots. This year, three pairs of willow flycatchers (a wetland indicator species that is in decline) nested in the young cotton- woods that are right next to where the new road would go. (I'm not sure if these trees would be kept, but even if they are, having the road right next to them would probably prevent future nesting.) Charles Dunlop I am sure is a fine park designer, and on paper his plan looks lovely. But I think in this case, he has taken an old-fashioned view of what a ;park should be. The park, in the opinion of large numbers around here, is ;,(.rfect just as it is. The beauty of it lies in its openness, and lack of asphalt, cars, and noise. We don't have that anywhere else in the City of Ithaca. And all this, right next to the lake and an important natural area. I often see elderly people walkinc there--it's one quiet, scenic place we have that doesn't involve steep climbs. The old view was that everythin should be lawn, and parking should be provided right next to people's destination. Nir. Viazzella was presented with a compromise plan involving a half-pier (bulkhead) which would not cut nearly so tar into the attractive green walkway to the lake, and moving the road so that it would run right next to that, to just one parking area, north of the marina. This would keep cars, people, do-s, and trash a safer distance from the Hogs' Hole. A paved walkway could even oo from the end of the parking lot out along the edge of the lake, for handicapped access and babe strollers. Unfortunately, Mr. Mazzella flatly rejected any such thin;. Another idea, which Mayor Gutenberger and l discussed and which he %vas going to suggest to Mazzella, would be to extend the current last pier to the south, through the parking lot. I have been in that parking lot on some of the peak days of the summer--for example, late morning on this year's Labor Day, and about 2 PM on Sunday of the Fourth of July weekend. Both days were two of the nicest of the entire summer, yet the parking lot was at most, half full. If the pier were extended to the south into the parking lot, there would still be plenty of room for cars. Granted, there are a couple of bid-event days when the lot is full and parking is allowed on the grass. But that seems entirely appropriate, and paved parking should not be provided just to accOMmodate that sort of o(-casional event. (For the rer-ord. I am opposed to any new pier, but this last plan would seem to be a reasonable compromise.) After Mazzella presented the plan to the City's Board of Public 'Works, I was invited to give my side of things. Two members were in favor of the new pier, but no one thought the road and new parking lots made any sense, at least not in the currently proposed locations. (One member was absent; she may be in favor of the whole package.) The 3PW is hardly made up of wnat one would call environmentalists! Their concern was with spoiling the character of what is now a very beautiful park--to FLSP credit. 1 wonder if you have visited the park recently to see for yourself how much would be lost if the State implements this plan? VYould 58 more'boat slips really make that much of dent in the demand? And, Jiven that the marina is mainly used as a boat parkin; lot, doesn't it make more sense to keep the land as it is, so it can continue to be used by many more people than would use the extra pier? There's no large, organized group of walkers to agitate for park space, unlike boaters who have clubs to help them push for projects such as this. Sincerely, Betsy Darl�(Mrs.) Cc: DEC Commissioner Jorling Congressman P�iarty Luster Charles Smith, Cornell Lab. of Ornithology CITY OF ITHACA 10B EAST GREEN STREET ITHACA, NEW YORK 14650 OFFICE OF TELEPHONE: 272-1713 CONSERVATION ADVISORY COUNCIL CODE 607 September 12, 1989 Commissioner Orin Lehman Office of Parks, Recreation, and 'Historic Preservation Agency Bldg. 1, Empire State Plaza Albany, NY 12238 Re: Wetland, Festival Lands, Dear Commissioner Lehman: Treman Murine Park development At its Sept. 11th meeting, the Conservation Advisory Council voted unanimously to oppose the transfer of the Festival Lands to the State. The Council feels that the proposed expansion of the marina and the park development plan could have a significant impact on the critical wetland known as the Hogs Hole. Everything must be done to protect--and indeed, enhance and expand--the Hogs Hole. Furthermore, the aesthetics of this currently lovely park would be irreparably damaged. The marina expansion would bring the marina up to the edge of the Hogs Hole, but more importantly it would also put the western boundary of the marina right next to what is now a seasonally wet field of great importance to birds migrating along a major flyway. The proposed road would pass along the far side of this field from the marina, and the field itself would be turned into a lawn. The precise boundary of the Hogs Hole is open to debate, but those who are most familiar with it tell us that, in terms of bird life, the brushy areas, wetland grass areas, and field are the most critical. �V,uch of this area is not currently within the artificial boundary line recently drawn by FLSP. It is true that the field has, at one time or another, been filled above its natural level, and it would certainly be better to restore it to its former glory as a wetland. However, it nevertheless has significant value for many migrating bird and butterfly species. The same is true of the State-owned field farther to the north which also is to become another lawn. The whole area is a popular birding spot, and is used as a living laboratory for college classes. These are valid and valued uses of the park. There is some dispute over the actual boundaries of the Hogs Hole ;wetland. The road and one of the new parking lots (etc.) would ire right next to the Hogs ;tole, as defined by FLSP, and throu.yh parts of it, accordinc7 to others. In any event, the proposed development would undoubtedly have a significant impact on it--from more noise, people, trash, and pollutants from cars. In addition, installation of the new "An Equal Opportunity Employer with an Affirmative Action Program' facilities would preclude eventual expansion of the wetland into some of its former rare. We urge you to reject the expansion of the marina and associated develop- ment proposed for the Ho-0s' Hole area. We look forward to discussing the issue further with you. Sincerely, Betsy Darlington, CAC Chair (This letter was approved by unanimous vote, all members present.) Cc: FLSP Director, Andrew Miazzella Ithaca Common Council Assemblyman tMartin Luster Miayor Gutenberger State Senator James Seward Rep. Miaurice Hinchey DEC Commissioner Thomas Jorling Margo Clynes, FLSP Commission Governor Mario Cuomo Stuart Stein, Tk. Co. Board Charles Smith (Cornell Lab. of Ornith.) Don Wilson, U.S. Army Herbert Engman, Tk. Co. EMC Corps of Engineers Richard Bonney, ornithologist, naturalist Doria ia;ins, Citizens to Dorothy McIlroy, ornithologist Save Our Parks John Confer, ornithologist, biology Richard Evans, ornithologist professor naturalist, teacher Robert Dirig, lepidopterist, naturalist; —roh,IZNgr.o,,k,,�,�� ��s�tWc,,a 4 Bailey Hortorium (Cornell) Memo to: NYS DEC--Brad Griffin and Pat Reixinger 1 From: Betsy Darlington, Chair of City of Ithaca's Conservation Advisory Council Date: Dec. 12, 1989 Cc: Ithaca's Common Council and Mayor Last night the CAC voted unanimously to send you the following comments in support of Ithaca Common Council's resolution requesting that the D E C list the "Hog Hole" as a wetland of unusual local importance, and incorporate it into the DEC maps of regulated wetlands: We feel that the Hog Hole is of unusual local importance for the following reasons: 1. The Hog Hole is the only remaining wetland of its type along the southern shore of Cayuga Lake. While it is different in character from the two designated wetlands located somewhat to thesouth of the southern shore of the lake, it forms an important biological reserve in conjunction with these two wetlands, the Cayuga Inlet Valley, and the lakeshore itself. 2. It is in a city, and urban wetlands, nationwide, have been diminished and degraded. Its location next to Cass Park, the Treman Marine Park, and State Rte. 89, make it an important scenic element, and easily accessible to the citizens of Ithaca, the surrounding area and tourists. 3. It is recognized by the Cornell Laboratory of Ornithology as of unusual importance for birds. Attached is a list, compiled by David Nutter of the Lab., of birds found in the wetland and adjacent fields. It includes a number of endangered, threatened, "special concern," and declining species. It is of critical importance as a resting and feeding spot for migrating birds, as well as for breeding, nesting, and feeding by resident species. This past season, three pairs of willow flycatchers--a species that may be declining nationally--nested in the young cottonwoods along the southern edge of the wetland. At least five great blue herons are regular visitors to the slow-moving stream and area of open water along the western side of the wetland. While not a rare species, it is a thrill for people to see them right in the City. 4. It has been used for many years by college and university professors, both for their classes and for research. 5. It is an important recreational resource, especially for birding and photography, and is recognized as a "birding hotspot" by local birders. The Cayuga Bird Club frequently leads field trips there. 6. It is an important resting and feeding area for various species of butter- flies during migration, according to lepidopterist, Robert Dirig. 7. In the late 1970's Dr. Edward B. Brothers, then a professor at Cornell (and currently a fisheries consultant), found (with his classes) young wild rainbow trout, evidence of spawning, in the upper reaches of the Hog Hole, below the first impassable barrier of Williams Brook. To his knowledge, it has not been checked since. 8. It filters out pollutants and silt from runoff, including that carried by the slow-moving stream that passes through the wetland and that carries part of the drainage from West Hill. Enclosed: David Nutter's bird list, Robert Wesley's plant list, letters from Dorothy M cllroy and Prof. John Confer. V= � CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 DEPARTMENT OF TELEPHONE:272-1713 PLANNING&DEVELOPMENT CODE 607 H.MATTHYS VAN CORT,DIRECTOR January 29, 1988 NYS Department of Environmental Conservation PO Box 1169 Fisher Avenue Cortland, NY 13045 Attention: Mr. Ray Nolan Regional Wetlands Specialist Dear Mr. Nolan, As I explained in our recent telephone conversation, the City of Ithaca requests D.E.C. 's assistance in making a formal determination as to whether certain of its lands might be freshwater wetland. The land in question is known as Southwest Park, a 59 acre parcel which was principally used for agriculture in the 1950's, and has been used as a dump site for clean fill for the last 20 years. Mounds of brick, asphalt, leaves, and the like cover a large portion of the site. The remainder is covered wtih scrub trees (which appear to be willow, popple and ash among others) and brush. Members of the City's Conservation Advisory Council, a board charged with advising the City on environmental issues, believe they have seen plant species growing in the area that would indicate that at least portions of the site are wet. Additionally, it is believed that indicators of wildlife habitate, such as deer droppings and beaver chewed stumps, have been cited. I have examined the State Freshwater Wetlands Map for Tompkins County and it does not show this property among those subject to State regulation under Article 24 of the E.C.L. However, to determine whether or not this is a site which ought to be added to the State list or protected by some local designation, we seek a definitive classification of its status. The enclosed map and photographs show the site's location and give some indication of ground cover. "An Equal Opportunity Employer with an Affirmative Action Program" Nolan Letter Page 2 January 29, 1988 I understand that the best way to answer this question is through visual inspection of the site itself. However, since you have indicated that it is not likely that such an inspection can be effectively conducted before Spring, we wish to receive an interim determination as soon as possible. Thank you for your assistance in this matter. Very truly yours, um M. Helen Jones, City Planner xc: H. M. Van Cort Paul Mazzarella Ralph Nash Betsy r]i ngtor Frank Gardner Attachments : zoning map, photos { t .Y J � `• .._. V '- / — ••� �� � oma, r fit, i rAj soii tt I - r , Attu �.,��. � 4 C '. �^ �• r + � � ;�•� � Ari a , / ,At t�qp l3 ><A• � ��} - yr � .r � � �ly��.rA t' �. Ik if• .tU'k P r� �r 1A !�A 4�., � � { t N h��P z� {l: } { .5oj r I rm A Ivy, L •' ..vii T.a '.S`}1-•ar,�.'�' �N �� ' _ � � ��. � 3f:�'�£S� :-- 1•t✓°ate y� - - '•► .. — �. tea.+l►�`�Jam"i � �„a�' " ,•�� .fit sem_.. � .. 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