Press Releases > Water
August 17, 2005
CITIZENS’ ENVIRONMENTAL COALITION
ENVIRONMENTAL ADVOCATES OF NEW YORK
NATURAL RESOURCES DEFENSE COUNCIL
NEW YORK RIVERS UNITED
ONONDAGA NATION
SIERRA CLUB – ATLANTIC CHAPTER
Black River Poisoning and Fishkill Preventable, Groups Say: Weak State Regulations Must be Strengthened
Albany NY– In the wake of a 3 million gallon manure spill into the Black River that killed up to 100.000 fish, Environmental groups came together today to call for stronger measures to protect New York’s streams, lakes and rivers from factory farm pollution. A report, “The Wasting of Rural New York State: Factory Farms and Public Health”, released by Citizens’ Environmental Coalition and Sierra Club, documents a number of serious environmental and public health problems caused by factory farms, also called concentrated animal feeding operations or CAFO’s, as well as significant weaknesses in the New York State Department of Environmental Conservation’s program to address factory farm pollution.
“The tragedy of last week’s manure spill is that we lack a strong state program that supports sustainable agriculture. Such a program could have prevented the gigantic release of manure and its devastating impact on New York’s beautiful Black River,” said Bobbi Chase Wilding, associate director of Citizens' Environmental Coalition, “New York needs to place a moratorium on permitting expansion or new construction of factory ‘farms’. The DEC must strengthen its oversight and regulations to prevent the release of manure from these facilities. In addition, we call on the DEC to immediately inspect the manure lagoons on all of New York’s factory farms and to require the construction of dikes and other measures to prevent manure releases from entering the water we drink, swim, or fish in.”
While water pollution, fish kills and other damage to lakes and rivers are one of the most significant impacts caused by factory farm pollution, there are other serious problems caused by these facilities.
Because they concentrate large numbers of cattle, or other animals, factory farms have enormous amounts of animal manure to manage. A little animal manure can help fertilize and condition soil and aid in the growing of crops. However, when manure is applied to fields at rates that exceed the amount that can be taken up in the corn, hay or other crops grown there, the manure then sits in the field and rots, seeps into groundwater polluting wells and/or gets washed by rain into neighboring lakes and streams. Rotting manure releases harmful gasses like hydrogen sulfide that have been implicated in a variety of illnesses.
The Citizen’s Environmental Coalition and Sierra Club report documents that the Marks Farm disaster is not an isolated incident. The report shows that the failure of the Marks Farm manure lagoon was proceeded by a series of manure releases and management problems around the state. Connie Mather who until recently lived adjacent to a CAFO in Cayuga County had this to say about the Marks Farm release, “as serious as the Black River spill is, we have experienced a smaller spill in our area and we see this as just a harbinger of problems to come.”
In New York factory farms do not get the same level of regulatory oversight from the New York State Department of Environmental Conservation (DEC) as other large industrial facilities that pollute the environment. While the largest facilities require DEC CAFO permits, the nutrient management plans that detail how manure will be stored and disposed of do not get regular review from DEC staff, and are never available for public review. It is not clear that the DEC ever inspected the manure lagoon at the Marks farm in Lewis County prior to its failure that released the manure and decimated fish populations in the Black River.
The report includes a list of recommendations to reform New York State’s regulation of factory farms including:
A moratorium on permitting new CAFOs;
Allowing municipalities to regulate these facilities;
Providing for public participation and review of CAFO permits;
Expanding funding and staffing for DEC’s CAFO program;
Strengthening the CAFO general permit;
Setting air standards for CAFOs;
Promotion of sustainable agriculture.
“Imagine six Olympic sized swimming pools full of manure poised to pour into your drinking water supply or your favorite fishing hole. The people living in the Black River Valley faced that threat daily, without knowledge, or opportunity to do anything about it until disaster struck thanks to New York’s inadequate CAFO regulations.” Said Yvonne Tasker-Rothenberg, Chair of the Sierra Club – Atlantic Chapter CAFO Committee.
“It is unconscionable that state regulations do not require DEC to oversee manure management practices such as the engineering and construction of manure lagoons and that the nature of the threats posed by factory farms are kept secret from the public,” said Rothenberg
Citizens’ Environmental Coalition and Sierra Club were joined by other organizations in calling for stronger regulation of factory farms.
Bruce Carpenter, Executive Director of New York Rivers United said, “(T)his report clearly identifies the potential risks involved in these expanding factory farms. The recent failure of a containment lagoon occurred at such a facility in the Black River valley. This is evidence of significant problems including lack of public knowledge of the risks and insufficient agency oversight. The degree of public risk involved underscores the need increased public awareness. The communication, or more accurately, the lack of communication from the DEC, concerning the specifics of the problem, the history of the facility, the question of site inspections by the agency, make it likely that New York Rivers United will pursue further action on this destructive spill,” said Carpenter.
“The Onondaga Nation is deeply saddened by the tremendous harm done to the Black River because of last week's manure spill at Marks Farm. The Onondaga people have lived in this area for thousands of years and they understand the importance of protecting the rivers, fish, and people who depend on them," said Joseph Heath, general counsel for the Onondaga Nation. "The DEC must take action to prevent incidents like this from occurring again. Factory farming endangers our health, and drives out responsible, respectful family farms."
"It's no news that bacteria, viruses, and other pathogens in animal waste threaten public health," said Brad Sewell, Senior Attorney with NRDC. "The federal government and New York State needs to wake up and set technology standards for large-scale dairies that will directly reduce pathogens in animal wastes."
"Factory farms pose an increasing risk to New York's lakes, streams, and drinking water supplies" said Robert Moore, Executive Director of Environmental Advocates of New York. "Despite the obvious risk these facilities pose -- as evidenced by the millions of gallons of manure spilled by Marks Farm earlier this week -- New York State has not only failed to regulate factory farms, but has starved DEC of the resources it needs to oversee the 600+ factory farms currently in New York."
Monday, December 19, 2005
Tuesday, December 06, 2005
New York Rivers United: Comments On NYS Open Space Plan
Comments to Draft Open Space Conservation Plan - 2005
First as a member of the Region 6 Open Space Committee, I would like to congratulate all involved in this long-term effort to protect and restore New York's /open space. It is most certainly one of the most successful efforts undertaken in this country and effort we can all share pride in.
As it has moved forward over the last decade results can be seen and measured for its success. The relationships between interst groups have developed that have fostered out of the box thinking on ways to achieve our goals that are win-wins for all involved. The continuation of this effort must be a priority for all involved.
But there have been some segments that have been lacking and we must focus more attention to them.
First of course is the increased cost of stewardship this. This coupled with budget cuts from the agencies responsible for these activities has had negative results on our program. I believe that increased stewardship funding has come up in almost every committee across the State. The need to address this issue with long-term solutions must be a priority.
Staffing within the agencies responsible for implementing the long-term success cannot continue to decline. We are wasting the public's money and trust if these issues are not addressed.
A second point is overall river, stream, water conservation and protection. The original plan called for the creation of a River Committee, a task force. It was realized that issues such as watershed conservation, flood plain management, flow in rivers themselves, the water quantity issue would have to be addressed. New recreational opportunities can and are being pursed yet our state agencies fall behind in understanding this public interest. Whitewater boating is a good example. DEC often goes out of its way to exclude this use. Their thinking is that it is detrimental to biology, yet there are ways that we can accommodate both. This is a statewide issue that needs to be addressed.
In the same category (river access) we continue to seek out Fishing access as opposed to general public access. The man point is where the money comes from. Again our agencies are not in a position to understand the wants and needs of other users another than those that purchase licenses. This is backward thinking and it needs to change.
Every year I have asked for the creation of a group of individuals that might work toward some solutions, such a group shoud be crated now.
The final point I would make is that our efforts have yet to engulf all of the tools we originally envisioned using. We continue to focus our efforts all most entirely on state acquisition. Communities that have valuable resources are reluctant to get involved for fear of losing tax base. Yet with help in planning at a more local level, putting the local government up front in the process, letting them do more for open space in their communities, I feel we could be achieving so much more.
It is time to utilize more of this planning, watershed, and community approach. To involve more of our state's local resources and its willing people; so as to encourage open space protection and conservation at a more local level.
Again this has been a great effort these points are to move it forward for what I see is as more success and more public approval and involvement.
Bruce R. Carpenter, Ex, Dir.
NYRU
First as a member of the Region 6 Open Space Committee, I would like to congratulate all involved in this long-term effort to protect and restore New York's /open space. It is most certainly one of the most successful efforts undertaken in this country and effort we can all share pride in.
As it has moved forward over the last decade results can be seen and measured for its success. The relationships between interst groups have developed that have fostered out of the box thinking on ways to achieve our goals that are win-wins for all involved. The continuation of this effort must be a priority for all involved.
But there have been some segments that have been lacking and we must focus more attention to them.
First of course is the increased cost of stewardship this. This coupled with budget cuts from the agencies responsible for these activities has had negative results on our program. I believe that increased stewardship funding has come up in almost every committee across the State. The need to address this issue with long-term solutions must be a priority.
Staffing within the agencies responsible for implementing the long-term success cannot continue to decline. We are wasting the public's money and trust if these issues are not addressed.
A second point is overall river, stream, water conservation and protection. The original plan called for the creation of a River Committee, a task force. It was realized that issues such as watershed conservation, flood plain management, flow in rivers themselves, the water quantity issue would have to be addressed. New recreational opportunities can and are being pursed yet our state agencies fall behind in understanding this public interest. Whitewater boating is a good example. DEC often goes out of its way to exclude this use. Their thinking is that it is detrimental to biology, yet there are ways that we can accommodate both. This is a statewide issue that needs to be addressed.
In the same category (river access) we continue to seek out Fishing access as opposed to general public access. The man point is where the money comes from. Again our agencies are not in a position to understand the wants and needs of other users another than those that purchase licenses. This is backward thinking and it needs to change.
Every year I have asked for the creation of a group of individuals that might work toward some solutions, such a group shoud be crated now.
The final point I would make is that our efforts have yet to engulf all of the tools we originally envisioned using. We continue to focus our efforts all most entirely on state acquisition. Communities that have valuable resources are reluctant to get involved for fear of losing tax base. Yet with help in planning at a more local level, putting the local government up front in the process, letting them do more for open space in their communities, I feel we could be achieving so much more.
It is time to utilize more of this planning, watershed, and community approach. To involve more of our state's local resources and its willing people; so as to encourage open space protection and conservation at a more local level.
Again this has been a great effort these points are to move it forward for what I see is as more success and more public approval and involvement.
Bruce R. Carpenter, Ex, Dir.
NYRU
Tuesday, October 25, 2005
New York Rivers United: Action Alert -- Great Lakes Action Needed
Our Great Lakes Basin Needs Your Help NOW – Please Act
New York Rivers United urges you to contact your U.S. Representative and Senators. Tell them to restore and protect the Great Lakes by:
(1) fully implementing and funding the Great Lakes Regional Collaboration’s Strategy to Restore and Protect the Great Lakes and
(2) contact the President to tell him to keep the promise he made to restore this national treasure.
Background
Last year, the Bush Administration issued an Executive Order to bring federal agencies, the Great Lakes states, Tribes, cities, and others together to design a restoration and protection strategy for the Great Lakes. On July 7, 2005, this group released a draft plan. The final plan is due December 12.
The draft action plan includes strong recommendations that will help restore the Great Lakes by cleaning up toxic pollution, ending sewage dumping into the lakes, and restoring wetlands and other vital wildlife habitat. This plan is a good first step and, if fully funded, will create a cleaner, safer, and healthier Great Lakes environment for generations to come.
Now is not the time to back away from all the work that has gone into creating this blueprint for restoring the Great Lakes. News reports suggest that federal agencies could be softening their commitment to this process. We need a strong plan to help build momentum for an increased investment in our region’s waterways. We need a strong plan so we can leave the Great Lakes in better shape than the way we found them. It’s not right to pass our problems to our children and grandchildren.
Contact Your Member of Congress and Senators Now. Tell Them to Protect the Great Lakes!
Step One: Please locate your Representative and Senators by typing your state and zip code at http://www.house.gov and http://www.senate.gov. It’ll direct you to your congressional official’s website, including their address for letters.
Step Two: Please send a hand-written note (it doesn’t have to be longer than a paragraph) to your Representative and Senators. Tell them in your own words:
1) That you love the Great Lakes (tell a personal story to support why you love the Great Lakes)
2) That they must implement and fund the Great Lakes Regional Collaboration’s Strategy to Restore and Protect the Great Lakes
3) That they must contact the President and tell him to keep the promise he made to restore this national treasure
4) Ask that they write back explaining what steps they will take to increase funding and implement the GLRC strategy. Send us your response.
Great Lakes restoration must start today. The Great Lakes are a gift of nature, whose beauty and bounty enrich our lives and identify our region. We have a responsibility to protect and restore the Lakes, not for a single interest, but for our families, wildlife, and the future. You can make a difference if you take action now.
New York Rivers United urges you to contact your U.S. Representative and Senators. Tell them to restore and protect the Great Lakes by:
(1) fully implementing and funding the Great Lakes Regional Collaboration’s Strategy to Restore and Protect the Great Lakes and
(2) contact the President to tell him to keep the promise he made to restore this national treasure.
Background
Last year, the Bush Administration issued an Executive Order to bring federal agencies, the Great Lakes states, Tribes, cities, and others together to design a restoration and protection strategy for the Great Lakes. On July 7, 2005, this group released a draft plan. The final plan is due December 12.
The draft action plan includes strong recommendations that will help restore the Great Lakes by cleaning up toxic pollution, ending sewage dumping into the lakes, and restoring wetlands and other vital wildlife habitat. This plan is a good first step and, if fully funded, will create a cleaner, safer, and healthier Great Lakes environment for generations to come.
Now is not the time to back away from all the work that has gone into creating this blueprint for restoring the Great Lakes. News reports suggest that federal agencies could be softening their commitment to this process. We need a strong plan to help build momentum for an increased investment in our region’s waterways. We need a strong plan so we can leave the Great Lakes in better shape than the way we found them. It’s not right to pass our problems to our children and grandchildren.
Contact Your Member of Congress and Senators Now. Tell Them to Protect the Great Lakes!
Step One: Please locate your Representative and Senators by typing your state and zip code at http://www.house.gov and http://www.senate.gov. It’ll direct you to your congressional official’s website, including their address for letters.
Step Two: Please send a hand-written note (it doesn’t have to be longer than a paragraph) to your Representative and Senators. Tell them in your own words:
1) That you love the Great Lakes (tell a personal story to support why you love the Great Lakes)
2) That they must implement and fund the Great Lakes Regional Collaboration’s Strategy to Restore and Protect the Great Lakes
3) That they must contact the President and tell him to keep the promise he made to restore this national treasure
4) Ask that they write back explaining what steps they will take to increase funding and implement the GLRC strategy. Send us your response.
Great Lakes restoration must start today. The Great Lakes are a gift of nature, whose beauty and bounty enrich our lives and identify our region. We have a responsibility to protect and restore the Lakes, not for a single interest, but for our families, wildlife, and the future. You can make a difference if you take action now.
Thursday, August 25, 2005
NYRU Press Releases: Black River Spill Action
NEWS RELEASE
DATE: August 19, 2005
FOR RELEASE: Immediately
CONTACT: Bruce Carpenter, Executive Director
(315) 339-2097
River Advocate Wants Accountability For Devastating Spill
New York Rivers United Calls Current Oversight “Inadequate”
Wants Action By State DEC and Attorney General
Rome,NY – New York Rivers United today called on the state Department of Environmental Conservation to take immediate steps to prevent another manure release like the one that devastated a 20-mile stretch of the Black River last week.
“The state DEC should immediately inspect the manure lagoons on all of New York’s factory farms and require the construction of dikes and other measures to prevent manure releases from entering the water we drink, swim and fish in,” said Bruce Carpenter, NYRU executive director. “These rivers are natural resources that belong to the public, yet the public’s health, safety and well-being are not being adequately safeguarded.” He said NYRU will be contacting the DEC as well as the New York State Attorney General’s office.
Last week the Black River was contaminated when three million gallons of liquid manure spilled from a lagoon at one of Lewis County’s largest farms about 5 miles south of Lowville.
Flowing from the western Adirondacks into Lake Ontario, Black River is known for its perch, bass, catfish, shiners, and walleye fishing. State officials estimate hundreds of thousands of fish were killed.
“New York’s factory farm industry operates with inadequate oversight,” said Carpenter. “The release of more than three million gallons of untreated waste material into the Black River exemplifies what can go wrong. It also clearly points to the failures in the current permitting and monitoring rules and regulations. The state needs to immediately inspect all manure-storage facilities on farms to guard against a repeat of this catastrophe.”
NYRU is a Rome-based statewide organization that advocates for New York’s natural river resources and has recently been honored for its successes by the Adirondack Council and the Northern Forest Alliance.
- more -
Carpenter cited a report released this week by the Sierra Club and the Citizens’ Environmental Coalition that identifies the potential risks involved in these expanding factory farms. “NYRU wishes to extend our support and thanks to the Coalition and the Sierra Club for their fine work in this area. It is unfortunate that we currently have an example of, not the worst, but certainly a major failure in the program.”
“The recent failure of a containment lagoon at a factory farm in the Black River valley is evidence of significant problems including lack of public knowledge of the risks and insufficient agency oversight. The degree of public risk involved underscores the need for increased public awareness,” Carpenter said. “The communication, or more accurately, the lack of communication, concerning the specifics of the problem, the history of the facility, the question of site inspections by the agency, make it likely that NYRU will pursue further action on this destructive spill.”
Carpenter said NYRU wants the following questions answered:
1) Who approved the general permit when it was issued for this site?
2) Was there any on-site review of the permit conditions?
3) Was any monitoring required?
4) Was the state Department of Environmental Conservation aware of any on-site changes that were made since the original permit was issued?
A second set of questions will be asked to ascertain whether NYRU will file legal actions regarding the spill.
1) What was the total impact currently?
2) Is the investigation continuing?
3) What actions were taken immediately after the spill occurred?
4) What is currently being done to ensure that no further impacts will occur?
#
For more information, please contact:
Bruce Carpenter
Executive Director
New York Rivers United
Work phone: (315) 339-2097
Cell phone: (315) 273-9073
DATE: August 19, 2005
FOR RELEASE: Immediately
CONTACT: Bruce Carpenter, Executive Director
(315) 339-2097
River Advocate Wants Accountability For Devastating Spill
New York Rivers United Calls Current Oversight “Inadequate”
Wants Action By State DEC and Attorney General
Rome,NY – New York Rivers United today called on the state Department of Environmental Conservation to take immediate steps to prevent another manure release like the one that devastated a 20-mile stretch of the Black River last week.
“The state DEC should immediately inspect the manure lagoons on all of New York’s factory farms and require the construction of dikes and other measures to prevent manure releases from entering the water we drink, swim and fish in,” said Bruce Carpenter, NYRU executive director. “These rivers are natural resources that belong to the public, yet the public’s health, safety and well-being are not being adequately safeguarded.” He said NYRU will be contacting the DEC as well as the New York State Attorney General’s office.
Last week the Black River was contaminated when three million gallons of liquid manure spilled from a lagoon at one of Lewis County’s largest farms about 5 miles south of Lowville.
Flowing from the western Adirondacks into Lake Ontario, Black River is known for its perch, bass, catfish, shiners, and walleye fishing. State officials estimate hundreds of thousands of fish were killed.
“New York’s factory farm industry operates with inadequate oversight,” said Carpenter. “The release of more than three million gallons of untreated waste material into the Black River exemplifies what can go wrong. It also clearly points to the failures in the current permitting and monitoring rules and regulations. The state needs to immediately inspect all manure-storage facilities on farms to guard against a repeat of this catastrophe.”
NYRU is a Rome-based statewide organization that advocates for New York’s natural river resources and has recently been honored for its successes by the Adirondack Council and the Northern Forest Alliance.
- more -
Carpenter cited a report released this week by the Sierra Club and the Citizens’ Environmental Coalition that identifies the potential risks involved in these expanding factory farms. “NYRU wishes to extend our support and thanks to the Coalition and the Sierra Club for their fine work in this area. It is unfortunate that we currently have an example of, not the worst, but certainly a major failure in the program.”
“The recent failure of a containment lagoon at a factory farm in the Black River valley is evidence of significant problems including lack of public knowledge of the risks and insufficient agency oversight. The degree of public risk involved underscores the need for increased public awareness,” Carpenter said. “The communication, or more accurately, the lack of communication, concerning the specifics of the problem, the history of the facility, the question of site inspections by the agency, make it likely that NYRU will pursue further action on this destructive spill.”
Carpenter said NYRU wants the following questions answered:
1) Who approved the general permit when it was issued for this site?
2) Was there any on-site review of the permit conditions?
3) Was any monitoring required?
4) Was the state Department of Environmental Conservation aware of any on-site changes that were made since the original permit was issued?
A second set of questions will be asked to ascertain whether NYRU will file legal actions regarding the spill.
1) What was the total impact currently?
2) Is the investigation continuing?
3) What actions were taken immediately after the spill occurred?
4) What is currently being done to ensure that no further impacts will occur?
#
For more information, please contact:
Bruce Carpenter
Executive Director
New York Rivers United
Work phone: (315) 339-2097
Cell phone: (315) 273-9073
Wednesday, July 20, 2005
Action Alert -- CWA --Bill Would Exempt Ballast Water
ACTION ALERT
from
NEW YORK RIVERS UNITED
July 21, 2005
Bill Would Exempt Ballast Water Pollution From The Clean Water Act
HELP!!!
A bill is quickly gaining momentum on Capitol Hill that exempts ballast
water pollution from the Clean Water Act (CWA) and would preempt current and
future efforts by states to prevent the spread of aquatic invasive species
and limit other pollution from ballast water from ships. This bill, S. 363,
is scheduled for action this Thursday (July 21, 2005) in the Senate Commerce
Committee.
Please contact your Senators today, especially if they are on the Commerce
Committee (or the Environment and Public Works Committee) and ask them to
oppose S. 363, The Ballast Water Management Act of 2005, in its present
form. A list of the members on the Commerce and EPW committees is below.
TELL ME MORE!!
The Ballast Water Management Act of 2005 (S. 363) would exempt ballast water
discharges from the CWA and preempt state authority in favor of a weak
federal program run by the U.S. Coast Guard to address the spread of
invasive species by ships‚ ballast water.
Section (3)(r) of S. 363 of the July 1, 2005 draft of the bill would exempt
the discharge of pollutants (including invasive species) from ballast water
from regulation under the Clean Water Act. Exemption of any pollutants or
activities from the Clean Water Act is a direct assault on the Act itself
and must be stricken from the bill. The exemption of any pollutant or
activity from the Act is a dangerous precedent.
In March 2005, the U.S. District Court for the Northern District of
California issued an order agreeing with several environmental groups and
several Great Lakes States Attorneys General that ballast water discharges
are subject to the Clean Water Act. The court ordered EPA to repeal an
illegal rule it had adopted that said EPA did not have to regulate these
discharges. .
The swift pace of S. 363 answers industry‚s desire to overturn this ruling
by Congressional action to supercede Clean Water Act authority and avoid
compliance with the impending court order outlining the timeline for
expected EPA action due this Fall. See, Northwest Environmental Advocates
et. al. vs. U.S. EPA, No. C. 03-05760 SI (March 20,2005).
Thus, S. 363 appeases the shipping industry at the expense of our nation‚s
waters and the states, people, and economies that rely upon them.
TAKE ACTION
Call and email your Senators urging them to oppose S. 363. Our waters and
communities deserve better! All Senators‚ offices can be reached by
contacting the Capitol switchboard at 202-224-3121.
Top priority: contact Senators on the Commerce Committee, which will be
marking up S. 363 this Thursday (July 21st), and the Environment and Public
Works Committee, which has jurisdiction over the Clean Water Act.
TALKING POINTS
THE CLEAN WATER ACT EXEMPTION MUST BE STRICKEN FROM THE BILL.
S. 363 would undermine the core of the Clean Water Act by exempting an
entire class of discharges with no equivalent backstop of protection,
creating a real and grave threat to the health of coastal waters, the Great
Lakes, and other waters across the country.
Exempting ballast water pollution from the Clean Water Act would also be a
clear blow in favor of gravely weakening the Clean Water Act itself ,
allowing an industry to create its own exceptions to the law in favor of
weaker, voluntary programs.
Ships‚ ballast water discharges are currently the major vectors of invasive
aquatic species into the Great Lakes and other aquatic ecosystems throughout
the country.
S. 363 ignores the essential backstop protections that the Clean Water Act
provides to ensure our waters stay healthy and usable. For example, the
Clean Water Act contains provisions specifically protecting waters from
degradation. If waters do become significantly degraded, including the
presence of or impacts caused by invasive species, the Act provides a
process for cleaning those waters up.
THE STATE PREEMPTION PROVISION MUST BE STRICKEN FROM THE BILL.
S. 363 also contains a vague proposal to exempt sound state programs to
manage ballast water. The proposed exemption language will ensure that
states will be effectively prevented from mounting a serious defense to the
onslaught of economic and environmental damage caused by invasive species in
their communities.
Frustrated with the lack of federal action, many states are currently moving
forward to implement and enforce requirements that ships treat their ballast
for invasive species. S. 363 would undercut these efforts by preempting the
ability of states to take action and would delay ballast water treatment
until S. 363 standards are implemented, which will take over a decade or
more.
DEMOCRATS
Frank Lautenberg - New Jersey**
202-224-3224
** Also on EPW Committee
SENATE ENVIRONMENT AND PUBLIC WORKS COMMITTEE (EPW) -- Tell these Senators you oppose S. 363 in its present form AND that it is the Environment
Committee NOT the Commerce Committee that has jurisdiction over the Clean
Water Act and should stop the Commerce Committee from carving loopholes in
to the nation’s most important water law.
.
DEMOCRATS/INDEPENDENT
Clinton, Hillary (NY)
202-224-4451
Lautenberg, Frank (NJ)
202-224-3224
from
NEW YORK RIVERS UNITED
July 21, 2005
Bill Would Exempt Ballast Water Pollution From The Clean Water Act
HELP!!!
A bill is quickly gaining momentum on Capitol Hill that exempts ballast
water pollution from the Clean Water Act (CWA) and would preempt current and
future efforts by states to prevent the spread of aquatic invasive species
and limit other pollution from ballast water from ships. This bill, S. 363,
is scheduled for action this Thursday (July 21, 2005) in the Senate Commerce
Committee.
Please contact your Senators today, especially if they are on the Commerce
Committee (or the Environment and Public Works Committee) and ask them to
oppose S. 363, The Ballast Water Management Act of 2005, in its present
form. A list of the members on the Commerce and EPW committees is below.
TELL ME MORE!!
The Ballast Water Management Act of 2005 (S. 363) would exempt ballast water
discharges from the CWA and preempt state authority in favor of a weak
federal program run by the U.S. Coast Guard to address the spread of
invasive species by ships‚ ballast water.
Section (3)(r) of S. 363 of the July 1, 2005 draft of the bill would exempt
the discharge of pollutants (including invasive species) from ballast water
from regulation under the Clean Water Act. Exemption of any pollutants or
activities from the Clean Water Act is a direct assault on the Act itself
and must be stricken from the bill. The exemption of any pollutant or
activity from the Act is a dangerous precedent.
In March 2005, the U.S. District Court for the Northern District of
California issued an order agreeing with several environmental groups and
several Great Lakes States Attorneys General that ballast water discharges
are subject to the Clean Water Act. The court ordered EPA to repeal an
illegal rule it had adopted that said EPA did not have to regulate these
discharges. .
The swift pace of S. 363 answers industry‚s desire to overturn this ruling
by Congressional action to supercede Clean Water Act authority and avoid
compliance with the impending court order outlining the timeline for
expected EPA action due this Fall. See, Northwest Environmental Advocates
et. al. vs. U.S. EPA, No. C. 03-05760 SI (March 20,2005).
Thus, S. 363 appeases the shipping industry at the expense of our nation‚s
waters and the states, people, and economies that rely upon them.
TAKE ACTION
Call and email your Senators urging them to oppose S. 363. Our waters and
communities deserve better! All Senators‚ offices can be reached by
contacting the Capitol switchboard at 202-224-3121.
Top priority: contact Senators on the Commerce Committee, which will be
marking up S. 363 this Thursday (July 21st), and the Environment and Public
Works Committee, which has jurisdiction over the Clean Water Act.
TALKING POINTS
THE CLEAN WATER ACT EXEMPTION MUST BE STRICKEN FROM THE BILL.
S. 363 would undermine the core of the Clean Water Act by exempting an
entire class of discharges with no equivalent backstop of protection,
creating a real and grave threat to the health of coastal waters, the Great
Lakes, and other waters across the country.
Exempting ballast water pollution from the Clean Water Act would also be a
clear blow in favor of gravely weakening the Clean Water Act itself ,
allowing an industry to create its own exceptions to the law in favor of
weaker, voluntary programs.
Ships‚ ballast water discharges are currently the major vectors of invasive
aquatic species into the Great Lakes and other aquatic ecosystems throughout
the country.
S. 363 ignores the essential backstop protections that the Clean Water Act
provides to ensure our waters stay healthy and usable. For example, the
Clean Water Act contains provisions specifically protecting waters from
degradation. If waters do become significantly degraded, including the
presence of or impacts caused by invasive species, the Act provides a
process for cleaning those waters up.
THE STATE PREEMPTION PROVISION MUST BE STRICKEN FROM THE BILL.
S. 363 also contains a vague proposal to exempt sound state programs to
manage ballast water. The proposed exemption language will ensure that
states will be effectively prevented from mounting a serious defense to the
onslaught of economic and environmental damage caused by invasive species in
their communities.
Frustrated with the lack of federal action, many states are currently moving
forward to implement and enforce requirements that ships treat their ballast
for invasive species. S. 363 would undercut these efforts by preempting the
ability of states to take action and would delay ballast water treatment
until S. 363 standards are implemented, which will take over a decade or
more.
DEMOCRATS
Frank Lautenberg - New Jersey**
202-224-3224
** Also on EPW Committee
SENATE ENVIRONMENT AND PUBLIC WORKS COMMITTEE (EPW) -- Tell these Senators you oppose S. 363 in its present form AND that it is the Environment
Committee NOT the Commerce Committee that has jurisdiction over the Clean
Water Act and should stop the Commerce Committee from carving loopholes in
to the nation’s most important water law.
.
DEMOCRATS/INDEPENDENT
Clinton, Hillary (NY)
202-224-4451
Lautenberg, Frank (NJ)
202-224-3224
Great Lakes Regional Collaboration- Regional Public Meeting
NYRU is hosting a "GLRC Informational Meeting" to be held on Wednesday August 17th at SUNY Oswego. The meeting will explain the GLRC process, the stage the plan is in, and how the public can get involved by commenting on it. We encourage everyone who cares about New York's Great Lakes basin and its future to attend this meeting. Contact Mark Burgreen at mark@newyorkriversunited.org with questions or to recieve additional information.
Tuesday, July 19, 2005
Action Alert --Call Gov
ACTION ALERT
from
NEW YORK RIVERS UNITED
July 19, 2005
Call Governor George Pataki.
Urge him to voice his support for
increased federal water infrastructure funding.
Take action today! Governor Pataki needs to let Congress know that federal funds provided through the Clean Water State Revolving Fund for improvement and maintenance of New York’s water infrastructure systems is essential to keeping sewage and stormwater pollution out of New York’s waterways.
Appropriations Committee staff has informed Clean Water Network Steering Committee members that in order to definitely secure the $1.1 billion the Senate appropriated for the Clean Water State Revolving Fund, the Chairmen (Rep. Charles Taylor and Sen. Conrad Burns) of the US Congress Subcommittee on Interior, Environment, and Related Agencies of the Appropriations Committee need to hear from Governors.
New York State’s aging wastewater infrastructure needs repairs in order to prevent dangerous wastewater disasters like sewage spills and basement backups. The Clean Water State Revolving Fund can help make those repairs happen by providing low-interest loans to state and local governments to rehabilitate aging sewer plants, minimize raw sewer overflows and reduce stormwater runoff. Gov. Pataki will be New York’s most effective advocate for securing these funds to improve New York’s water infrastructure system. He needs to call the conference committee chairmen and state his case for why more SRF funds are important to New York.
Take Action
Call Gov. Pataki today and urge him to call the committee chairmen, Sen. Conrad Burns (R-MT) and Rep. Charlie Taylor (R-NC), to discuss the need to adequately fund the Clean Water State Revolving Fund and the importance of this funding to the completion of clean water projects in New York. Ideally, a personal call from the Governor to the Chairmen will send the most powerful message. Gov. Pataki signed a letter in support of restoring funding levels for the SRF to its traditional level last year and would be a good candidate to send a strong message to the chairmen supporting the Senate-approved level of funding.
What to say
Ask to speak with either the governor directly or the governor’s federal environmental policy advisor.
The main points to make on the phone are:
(1) Express your support to the congressional committee chairs, Rep. Charlie Taylor of North Carolina and Senator Conrad Burns of Montana, for increasing the available funds for the Clean Water Revolving Fund to the level already approved by the Senate: $1.1 billion.
(2) Request the committee chairmen protect human health and the environment by supporting funding for the State Revolving Fund at $1.1 billion level approved by the Senate.
(3) New York desperately needs these additional funds to repair old sewer pipes, maintain our treatment facilities and keep raw sewage out of our waters and communities.
(4) Relate a personal story on how dilapidated sewer systems in New York are threatening the quality of life or property values in your community.
Additional information
The 1970s and 1980s saw a huge investment in wastewater treatment, but this investment has declined over the years even though there was an increase in population and development. Despite the investment of the 1970s and 1980s, the average age of sewage pipes is 33 years with many pipes being 50-100 years old. Additionally, development and sprawl are growing without the additional infrastructure necessary to accommodate the growing population. Many of these new areas of growth also depend on Combined Sewer Systems that reduce the number of pipes needed but making overflows more frequent by funneling both sewage and stormwater into the same pipes.
The effects of outdated infrastructure, growing population, sprawling development and combined sewer systems are all occurring simultaneously, creating a “perfect storm.” In a report to Congress, the EPA estimated that 1.3 trillion gallons of raw sewage escape from combined sewer overflows every year. The agency also reports that in 2001 there were approximately 40,000 sanitary sewer overflows and 400,000 sewage backups into basements. Cracks and breakdowns in aging infrastructure contribute additional undocumented sewage leaks.
The public health and environmental implications of these sewage overflows are tremendous. Sewage overflows dump bacteria, heavy metals and other toxins into our waters. Sewage carries with it numerous diseases that can end up in our drinking water supplies. Experts estimate that there are 7.1 million mild-to-moderate cases and 560,000 moderate-to-severe cases of infectious waterborne disease in the United States annually. Sewage overflows also kill aquatic life and create red tides, closing beaches and other recreational areas.
Despite all of these dangers, sewage treatment problems go largely ignored. Federal, state, and local wastewater treatment facilities are critically underfunded, keeping them from making crucial improvements and reducing their normal operation and maintenance abilities. According to the Water Infrastructure Network, there is a gap of $23 billion annually to meet water infrastructure repair and replacement needs.
Please let us know how your calls go and
what you are hearing from your governor’s office.
THANK YOU.
Bruce Carpenter
Executive Director
New York Rivers United
If you need more information on how the SRF is being used in your state, please contact Josh Klein at the Clean Water Network (202-289-2421 & jklein@nrdc.org) and Peter Raabe at American Rivers (202-347-7550 & praabe@americanrivers.org). Thank you for your support!
###
from
NEW YORK RIVERS UNITED
July 19, 2005
Call Governor George Pataki.
Urge him to voice his support for
increased federal water infrastructure funding.
Take action today! Governor Pataki needs to let Congress know that federal funds provided through the Clean Water State Revolving Fund for improvement and maintenance of New York’s water infrastructure systems is essential to keeping sewage and stormwater pollution out of New York’s waterways.
Appropriations Committee staff has informed Clean Water Network Steering Committee members that in order to definitely secure the $1.1 billion the Senate appropriated for the Clean Water State Revolving Fund, the Chairmen (Rep. Charles Taylor and Sen. Conrad Burns) of the US Congress Subcommittee on Interior, Environment, and Related Agencies of the Appropriations Committee need to hear from Governors.
New York State’s aging wastewater infrastructure needs repairs in order to prevent dangerous wastewater disasters like sewage spills and basement backups. The Clean Water State Revolving Fund can help make those repairs happen by providing low-interest loans to state and local governments to rehabilitate aging sewer plants, minimize raw sewer overflows and reduce stormwater runoff. Gov. Pataki will be New York’s most effective advocate for securing these funds to improve New York’s water infrastructure system. He needs to call the conference committee chairmen and state his case for why more SRF funds are important to New York.
Take Action
Call Gov. Pataki today and urge him to call the committee chairmen, Sen. Conrad Burns (R-MT) and Rep. Charlie Taylor (R-NC), to discuss the need to adequately fund the Clean Water State Revolving Fund and the importance of this funding to the completion of clean water projects in New York. Ideally, a personal call from the Governor to the Chairmen will send the most powerful message. Gov. Pataki signed a letter in support of restoring funding levels for the SRF to its traditional level last year and would be a good candidate to send a strong message to the chairmen supporting the Senate-approved level of funding.
What to say
Ask to speak with either the governor directly or the governor’s federal environmental policy advisor.
The main points to make on the phone are:
(1) Express your support to the congressional committee chairs, Rep. Charlie Taylor of North Carolina and Senator Conrad Burns of Montana, for increasing the available funds for the Clean Water Revolving Fund to the level already approved by the Senate: $1.1 billion.
(2) Request the committee chairmen protect human health and the environment by supporting funding for the State Revolving Fund at $1.1 billion level approved by the Senate.
(3) New York desperately needs these additional funds to repair old sewer pipes, maintain our treatment facilities and keep raw sewage out of our waters and communities.
(4) Relate a personal story on how dilapidated sewer systems in New York are threatening the quality of life or property values in your community.
Additional information
The 1970s and 1980s saw a huge investment in wastewater treatment, but this investment has declined over the years even though there was an increase in population and development. Despite the investment of the 1970s and 1980s, the average age of sewage pipes is 33 years with many pipes being 50-100 years old. Additionally, development and sprawl are growing without the additional infrastructure necessary to accommodate the growing population. Many of these new areas of growth also depend on Combined Sewer Systems that reduce the number of pipes needed but making overflows more frequent by funneling both sewage and stormwater into the same pipes.
The effects of outdated infrastructure, growing population, sprawling development and combined sewer systems are all occurring simultaneously, creating a “perfect storm.” In a report to Congress, the EPA estimated that 1.3 trillion gallons of raw sewage escape from combined sewer overflows every year. The agency also reports that in 2001 there were approximately 40,000 sanitary sewer overflows and 400,000 sewage backups into basements. Cracks and breakdowns in aging infrastructure contribute additional undocumented sewage leaks.
The public health and environmental implications of these sewage overflows are tremendous. Sewage overflows dump bacteria, heavy metals and other toxins into our waters. Sewage carries with it numerous diseases that can end up in our drinking water supplies. Experts estimate that there are 7.1 million mild-to-moderate cases and 560,000 moderate-to-severe cases of infectious waterborne disease in the United States annually. Sewage overflows also kill aquatic life and create red tides, closing beaches and other recreational areas.
Despite all of these dangers, sewage treatment problems go largely ignored. Federal, state, and local wastewater treatment facilities are critically underfunded, keeping them from making crucial improvements and reducing their normal operation and maintenance abilities. According to the Water Infrastructure Network, there is a gap of $23 billion annually to meet water infrastructure repair and replacement needs.
Please let us know how your calls go and
what you are hearing from your governor’s office.
THANK YOU.
Bruce Carpenter
Executive Director
New York Rivers United
If you need more information on how the SRF is being used in your state, please contact Josh Klein at the Clean Water Network (202-289-2421 & jklein@nrdc.org) and Peter Raabe at American Rivers (202-347-7550 & praabe@americanrivers.org). Thank you for your support!
###
Friday, July 08, 2005
The Great Lakes Regional Collaboraion
The Great Lakes Regional Collaboration (GLRC)
What is it?
The Collaboration is a fast-track government effort to federally fund the Great Lakes Basin restoration, much like the plan to save the Everglades passed by the U.S. Congress in 2000. The Collaboration process was inspired by years of citizen organizing and a handful of the region’s senior members of Congress who have not been content with the government's current approach to protecting our environment.
Why do the Great Lakes matter?
The Great Lakes are a bi-national treasure, providing economic, biological, recreational and cultural benefits to North America. The Great Lakes Basin provides over 40 million Basin residents with fresh water and in 2002 alone had a GDP only exceeded by the United States as a whole and Japan. They support a diversity of wildlife and sustain a sports fishing industry valued at $7 billion annually. Unfortunately the Great Lakes themselves, our most valued asset, are under attack. Pressure from contaminated sediments and areas of concern (AOC’s), non-native species, habitat destruction, altered hydrology, persistent bioaccumulative toxins (PBT’s), and other pollutants are threatening the vitality and productivity of the Great Lakes. A successful effort to protect and restore the Great Lakes must be undertaken now to close the door on these serious problems that threaten the health of our most important resource.
Our Involvement
Contrary to common knowledge, the majority of New York State is considered part of the Great Lakes basin. In order to bring in government funding to help restore New York's scenic beauty, NYRU plans to:
- Formulate and coordinate a statewide strategy to protect the vitality and productivity of New York's Great Lakes basin.
- Open communication to create a more coherent network between state agencies so that we can realize our common goal in the Great Lakes Initiative: Restoration.
-Maintain an organized network of agencies throughout the Great Lakes Collaboration to be certain that New York uses its tax payers dollars efficiently.
NYRU is an organized state-wide river organization that has always utilized multiple networks to achieve success. We realize that the Great Lakes Basin is a priority and, as always, our experience in restoring rivers and active involvement in policy planning in environmental issues make us well positioned to assume a vital role in this initiative. NYRU's close working relationships with local, regional, and national groups also make or participation crucial for the success of this effort.
Taking Action
On July 7th, 2005 a draft plan for the Great Lakes Regional Collaboration (GLRC) was released, and is currently enduring a 60 day comment period for public input (You can make your voice heard on this issue at www.glc.org/glrc/comment.html). NYRU was a major voice in this consensus based plan that was constructed from comprehensive recommendations by over 1,500 people representing NGO's, government and state agencies, tribal leaders, businesses, and other stakeholders. Currently, NYRU is taking the initiative to unite New York environmental groups in support of this plan by calling a meeting to educate and prepare state agencies. In addition, we are helping other organizations, like the Environmental Protection Agency (EPA), with their own meetings. NYRU is determined not to allow this opportunity to restore a national treasure slip away due to poor preparation.
Any questions concerning the GLRC can be directed to mark@newyorkriversunited@org, and additional information on the plan can be found at www.glc.org/glrc or www.epa.gov/greatlakes/collaboration.
What is it?
The Collaboration is a fast-track government effort to federally fund the Great Lakes Basin restoration, much like the plan to save the Everglades passed by the U.S. Congress in 2000. The Collaboration process was inspired by years of citizen organizing and a handful of the region’s senior members of Congress who have not been content with the government's current approach to protecting our environment.
Why do the Great Lakes matter?
The Great Lakes are a bi-national treasure, providing economic, biological, recreational and cultural benefits to North America. The Great Lakes Basin provides over 40 million Basin residents with fresh water and in 2002 alone had a GDP only exceeded by the United States as a whole and Japan. They support a diversity of wildlife and sustain a sports fishing industry valued at $7 billion annually. Unfortunately the Great Lakes themselves, our most valued asset, are under attack. Pressure from contaminated sediments and areas of concern (AOC’s), non-native species, habitat destruction, altered hydrology, persistent bioaccumulative toxins (PBT’s), and other pollutants are threatening the vitality and productivity of the Great Lakes. A successful effort to protect and restore the Great Lakes must be undertaken now to close the door on these serious problems that threaten the health of our most important resource.
Our Involvement
Contrary to common knowledge, the majority of New York State is considered part of the Great Lakes basin. In order to bring in government funding to help restore New York's scenic beauty, NYRU plans to:
- Formulate and coordinate a statewide strategy to protect the vitality and productivity of New York's Great Lakes basin.
- Open communication to create a more coherent network between state agencies so that we can realize our common goal in the Great Lakes Initiative: Restoration.
-Maintain an organized network of agencies throughout the Great Lakes Collaboration to be certain that New York uses its tax payers dollars efficiently.
NYRU is an organized state-wide river organization that has always utilized multiple networks to achieve success. We realize that the Great Lakes Basin is a priority and, as always, our experience in restoring rivers and active involvement in policy planning in environmental issues make us well positioned to assume a vital role in this initiative. NYRU's close working relationships with local, regional, and national groups also make or participation crucial for the success of this effort.
Taking Action
On July 7th, 2005 a draft plan for the Great Lakes Regional Collaboration (GLRC) was released, and is currently enduring a 60 day comment period for public input (You can make your voice heard on this issue at www.glc.org/glrc/comment.html). NYRU was a major voice in this consensus based plan that was constructed from comprehensive recommendations by over 1,500 people representing NGO's, government and state agencies, tribal leaders, businesses, and other stakeholders. Currently, NYRU is taking the initiative to unite New York environmental groups in support of this plan by calling a meeting to educate and prepare state agencies. In addition, we are helping other organizations, like the Environmental Protection Agency (EPA), with their own meetings. NYRU is determined not to allow this opportunity to restore a national treasure slip away due to poor preparation.
Any questions concerning the GLRC can be directed to mark@newyorkriversunited@org, and additional information on the plan can be found at www.glc.org/glrc or www.epa.gov/greatlakes/collaboration.
Hudson River Action
NYRU JOINS EFFORT
* Friends of a Clean Hudson *
RE: Natural Resource Damage Assessment and Restoration Advisory Committee Appointees List
Dear Secretary Norton:
We are writing today to express our concerns about the current membership of the U.S. Department of Interior’s Natural Resource Damage Assessment and Restoration Advisory (NRDAR) Committee created under the Federal Advisory Committee Act (FACA). The environmental community is not adequately represented on this committee and we strongly urge you to add environmental expertise to the panel.
There are many national, state and regional groups that that have been involved in NRDA cases across the country that can ably represent the concerns and interests of the environmental community.
This panel is charged with providing advice and recommendations to DOI on the natural resources damages provision of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Oil Pollution Control Act (OPA) and the Clean Water Act (CWA). Based on the existing membership of the committee, with business and industry the most heavily represented interest, we are very concerned that a significant disparity exists which will compromise the integrity of the recommendations put forth by this panel.
As organizations concerned about the future of the NRDA program in general, and specifically about the
Hudson River Natural Resources Damages Assessment, we strongly urge you to consider adding at least two environmental representatives to this panel. We endorse the suggestions made by the Natural Resources Defense Council and the Sierra Club in their letter dated June 29, 2005.
Thank you for your consideration and we look forward to your response.
Sincerely
Ned Sullivan, President Director,
Scenic Hudson, Poughkeepsie
Chris Ballantyne, Hudson River Campaign
Sierra Club, Saratoga Springs
Alex Matthiessen, Executive Director
Riverkeeper, Garrison
Bruce Carpenter, Executive Director
New York Rivers United, Rome
Manna Jo Greene, Environmental Director
Hudson River Sloop Clearwater, Poughkeepsie
Robert J. Moore, Executive Director
Environmental Advocates of New York, Albany
Katherine Kennedy, Senior Attorney
Natural Resources Defense Council, New York
* Friends of a Clean Hudson *
RE: Natural Resource Damage Assessment and Restoration Advisory Committee Appointees List
Dear Secretary Norton:
We are writing today to express our concerns about the current membership of the U.S. Department of Interior’s Natural Resource Damage Assessment and Restoration Advisory (NRDAR) Committee created under the Federal Advisory Committee Act (FACA). The environmental community is not adequately represented on this committee and we strongly urge you to add environmental expertise to the panel.
There are many national, state and regional groups that that have been involved in NRDA cases across the country that can ably represent the concerns and interests of the environmental community.
This panel is charged with providing advice and recommendations to DOI on the natural resources damages provision of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Oil Pollution Control Act (OPA) and the Clean Water Act (CWA). Based on the existing membership of the committee, with business and industry the most heavily represented interest, we are very concerned that a significant disparity exists which will compromise the integrity of the recommendations put forth by this panel.
As organizations concerned about the future of the NRDA program in general, and specifically about the
Hudson River Natural Resources Damages Assessment, we strongly urge you to consider adding at least two environmental representatives to this panel. We endorse the suggestions made by the Natural Resources Defense Council and the Sierra Club in their letter dated June 29, 2005.
Thank you for your consideration and we look forward to your response.
Sincerely
Ned Sullivan, President Director,
Scenic Hudson, Poughkeepsie
Chris Ballantyne, Hudson River Campaign
Sierra Club, Saratoga Springs
Alex Matthiessen, Executive Director
Riverkeeper, Garrison
Bruce Carpenter, Executive Director
New York Rivers United, Rome
Manna Jo Greene, Environmental Director
Hudson River Sloop Clearwater, Poughkeepsie
Robert J. Moore, Executive Director
Environmental Advocates of New York, Albany
Katherine Kennedy, Senior Attorney
Natural Resources Defense Council, New York
Friday, June 10, 2005
School Street Hydro --NYRU At Work
An article has appered in the Albany area's "other" paper. We believe it is a well written and covers boths sides of a very hard to understan relicensing case. The link to the article is here. It concerns the relicensing of the School Street Project on the Mohawk River.
http://www.metroland.net/back_issues/vol28_no23/index.html
http://www.metroland.net/back_issues/vol28_no23/index.html
Thursday, April 28, 2005
Paddlers Wanted for Whitewater Study
The following is provided by New York State Electric & Gas:
2005 AUSABLE RIVER OPEN FLOW STUDY (NY)
Paddlers wishing to paddle the Class IV/V Ausable Chasm section of New York’s Ausable River will be allowed to do so on 5 days this year. The dates planned for 2005 are
∑ Saturday, June 25
∑ Sunday, July 10
∑ Sunday, July 24
∑ Saturday, September 24, and
∑ Saturday, October 22.
Access to the Upper Ausable Chasm has not been possible due to the high gorge walls, and private and secured property owned by the New York State Electric and Gas Corporation and the Ausable Chasm Company.
As part of its relicensing effort, the Federal Energy Regulatory Commission has recently required NYSEG to allow access to the Ausable River near its Rainbow Falls hydroelectric facility and to work in collaboration with the Adirondack Mountain Club, American Whitewater, Ausable Chasm Company, New York State Department of Environmental Conservation and Trout Unlimited to develop a whitewater study plan.
This study is a follow-up to a limited study that was conducted in 2001. Together these groups will work with boaters, anglers and other river users during the study periods. At the conclusion of the test runs, the study will be submitted to the Federal Energy Regulatory Commission, who will evaluate the results to determine the feasibility of allowing whitewater access at the Rainbow Falls project.
The primary objectives of the study are to gage kayaker flow preferences, access needs, potential user conflicts, demand for whitewater boating, and the feasibility of whitewater boating in regards to safety and coordination. To accomplish these study goals, paddlers will be allowed to paddle the Ausable Chasm on 5 days throughout 2005, which were chosen to provide a range of flows. All paddlers wishing to paddle the river will be required to
∑ sign up in advance via email or phone,
∑ sign a waiver/release of liability prior to paddling,
∑ fill out pre and post run surveys,
∑ attend a mandatory safety briefing at 11:00 am prior to each run, followed by coordinated scouting of the river,
∑ comply with study protocols and specific ground rules of NYSEG and the Ausable Chasm Company (attach or include at the end of the invitation),
∑ respect private lands,
∑ show respect and provide common courtesies to other users of the river and on adjacent property, and
∑ arrive at the put-in location fully equipped with standard safety gear, as described in the “Safety Code of American Whitewater.” Reference http://www.americanwhitewater.org/archive/safety/safety.html
Basic Information on the Ausable Chasm Whitewater Run
Section: Ausable Chasm from the NYSEG powerhouse to NY Route 9 Bridge.
Class: Rated as Class IV-V at 745 cfs (classification rating by AW)
Length: Approximately 3.4 miles
Targeted Flow Range: 300 – 1000 cfs, with decreasing flows likely throughout season. A previous study was run at 745 cfs.
Gage: USGS gage at Ausable River near Ausable Forks, approx 13 miles upstream of the put-in. Gage data can be accessed at http://waterdata.usgs.gov/ny/nwis/uv?04275500
Character: Drop/Pool, vertical cliffs
Rapid (class at 745 cfs): Horseshoe Falls (IV), Devil’s Oven (IV+), Mike’s Hole aka Clydes Cave (IV/V), Table Rock (II+), Concrete Wall (II/III), Whirlpool (II). Rapid classifications by AW.
Portaging: Difficult, potentially impossible at some locations.
Scouting: Scouting will be allowed at river level (where possible), as well as from the Ausable Chasm Company’s private lands along the gorge rim. Paddlers scouting from the gorge rim and walkways are guests of the ACC and must follow all ACC rules. Note: All Visitors must pay to enter the ACC complex, therefore Scouters may also be required to pay a nominal entry fee to access the ACC.
Proximity: Burlington, VT: 14 miles; Plattsburgh, NY: 13 miles; Lake Placid, NY: 36 miles; Montreal, QC: 81 miles; Albany, NY: 147 miles;
Safety: Paddlers are responsible for providing their own safety measures, and are encouraged to take all possible precautions. As a minimum, all paddlers must adhere to all AW safety requirements.
Paddlers are responsible for their own decisions regarding whether or not to participate in this study. The Upper Ausable Chasm is only appropriate for experienced groups of Class IV/V paddlers using appropriate whitewater equipment. Those lacking appropriate skills and equipment are STRONGLY discouraged from participating in the study. Curious paddlers are encouraged to visit the Ausable Chasm Company (and pay for a tour) prior to or during the study dates. Qualified paddlers are encouraged to participate in as many study days as possible to assure that the study has ample data.
We look forward to a fun and safe whitewater boating study this year. To sign up for a study date, simply email or call Yvonne Rockwell at Northern Ecological Associates, Inc. at least 7 days prior to the study date indicating the date(s) you wish to participate, and your contact information (Name, Address, Phone Number, Email Address).
Thank you for considering participating in the 2005 Ausable Chasm Whitewater Boating Study. For more information or to sign up for the study contact:
Yvonne Rockwell
Northern Ecological Associates, Inc.
yrockwell@neapa.com
Phone: (570) 476-1644, Ext. 7
Fax: (570) 476-1649
2005 AUSABLE RIVER OPEN FLOW STUDY (NY)
Paddlers wishing to paddle the Class IV/V Ausable Chasm section of New York’s Ausable River will be allowed to do so on 5 days this year. The dates planned for 2005 are
∑ Saturday, June 25
∑ Sunday, July 10
∑ Sunday, July 24
∑ Saturday, September 24, and
∑ Saturday, October 22.
Access to the Upper Ausable Chasm has not been possible due to the high gorge walls, and private and secured property owned by the New York State Electric and Gas Corporation and the Ausable Chasm Company.
As part of its relicensing effort, the Federal Energy Regulatory Commission has recently required NYSEG to allow access to the Ausable River near its Rainbow Falls hydroelectric facility and to work in collaboration with the Adirondack Mountain Club, American Whitewater, Ausable Chasm Company, New York State Department of Environmental Conservation and Trout Unlimited to develop a whitewater study plan.
This study is a follow-up to a limited study that was conducted in 2001. Together these groups will work with boaters, anglers and other river users during the study periods. At the conclusion of the test runs, the study will be submitted to the Federal Energy Regulatory Commission, who will evaluate the results to determine the feasibility of allowing whitewater access at the Rainbow Falls project.
The primary objectives of the study are to gage kayaker flow preferences, access needs, potential user conflicts, demand for whitewater boating, and the feasibility of whitewater boating in regards to safety and coordination. To accomplish these study goals, paddlers will be allowed to paddle the Ausable Chasm on 5 days throughout 2005, which were chosen to provide a range of flows. All paddlers wishing to paddle the river will be required to
∑ sign up in advance via email or phone,
∑ sign a waiver/release of liability prior to paddling,
∑ fill out pre and post run surveys,
∑ attend a mandatory safety briefing at 11:00 am prior to each run, followed by coordinated scouting of the river,
∑ comply with study protocols and specific ground rules of NYSEG and the Ausable Chasm Company (attach or include at the end of the invitation),
∑ respect private lands,
∑ show respect and provide common courtesies to other users of the river and on adjacent property, and
∑ arrive at the put-in location fully equipped with standard safety gear, as described in the “Safety Code of American Whitewater.” Reference http://www.americanwhitewater.org/archive/safety/safety.html
Basic Information on the Ausable Chasm Whitewater Run
Section: Ausable Chasm from the NYSEG powerhouse to NY Route 9 Bridge.
Class: Rated as Class IV-V at 745 cfs (classification rating by AW)
Length: Approximately 3.4 miles
Targeted Flow Range: 300 – 1000 cfs, with decreasing flows likely throughout season. A previous study was run at 745 cfs.
Gage: USGS gage at Ausable River near Ausable Forks, approx 13 miles upstream of the put-in. Gage data can be accessed at http://waterdata.usgs.gov/ny/nwis/uv?04275500
Character: Drop/Pool, vertical cliffs
Rapid (class at 745 cfs): Horseshoe Falls (IV), Devil’s Oven (IV+), Mike’s Hole aka Clydes Cave (IV/V), Table Rock (II+), Concrete Wall (II/III), Whirlpool (II). Rapid classifications by AW.
Portaging: Difficult, potentially impossible at some locations.
Scouting: Scouting will be allowed at river level (where possible), as well as from the Ausable Chasm Company’s private lands along the gorge rim. Paddlers scouting from the gorge rim and walkways are guests of the ACC and must follow all ACC rules. Note: All Visitors must pay to enter the ACC complex, therefore Scouters may also be required to pay a nominal entry fee to access the ACC.
Proximity: Burlington, VT: 14 miles; Plattsburgh, NY: 13 miles; Lake Placid, NY: 36 miles; Montreal, QC: 81 miles; Albany, NY: 147 miles;
Safety: Paddlers are responsible for providing their own safety measures, and are encouraged to take all possible precautions. As a minimum, all paddlers must adhere to all AW safety requirements.
Paddlers are responsible for their own decisions regarding whether or not to participate in this study. The Upper Ausable Chasm is only appropriate for experienced groups of Class IV/V paddlers using appropriate whitewater equipment. Those lacking appropriate skills and equipment are STRONGLY discouraged from participating in the study. Curious paddlers are encouraged to visit the Ausable Chasm Company (and pay for a tour) prior to or during the study dates. Qualified paddlers are encouraged to participate in as many study days as possible to assure that the study has ample data.
We look forward to a fun and safe whitewater boating study this year. To sign up for a study date, simply email or call Yvonne Rockwell at Northern Ecological Associates, Inc. at least 7 days prior to the study date indicating the date(s) you wish to participate, and your contact information (Name, Address, Phone Number, Email Address).
Thank you for considering participating in the 2005 Ausable Chasm Whitewater Boating Study. For more information or to sign up for the study contact:
Yvonne Rockwell
Northern Ecological Associates, Inc.
yrockwell@neapa.com
Phone: (570) 476-1644, Ext. 7
Fax: (570) 476-1649
Monday, February 07, 2005
NYRU Seeks Protection for Adirondack Stream
TO: REGION 6 OPEN SPACE COMMITTEE
FROM: Bruce Carpenter, NYRU
DATE: February 7, 2005
RE: BLACK CREEK WATERSHED
Several years ago, working under the aegis of NYRU’s Dam Removal Program, we reviewed and then supported the removal of Grey Dam on Black Creek. The dam was originally owned and operated by Mohawk Valley Water Authority for flow augmentation to Hinckley Reservoir. The dam was in bad shape, and it was determined that removal was a better alternative than repair.
With the dam removed, the creek has returned to its normal flow patterns winding through forested areas. It is a truly scenic canoe trip. The watershed itself is mostly forested and within the Adirondack Park. Black Creek is a beautiful and mostly undisturbed resource, a true Adirondack stream.
It is not often that we have the opportunity to correct damages that were done decades earlier. We believe now is the time to act to ensure that this truly great resource is protected for future generations.
NYRU proposes that this watershed be included for a top priority project in Region 6.
There are several alternatives for protection, and all or some of each might be appropriate. Status in the state’s “Wild and Scenic Rivers” program would be one. Watershed protection through land acquisition of fee and/or easement would be another. We realize that local government must be made aware of this project before it can move forward. The support of the committee is what we seek on this now.
Enclosed are some of the descriptions from the engineering report prepared on the basin for the dam removal project.
Thank you.
Bruce Carpenter, Ex. Dir.
NYRU
FROM: Bruce Carpenter, NYRU
DATE: February 7, 2005
RE: BLACK CREEK WATERSHED
Several years ago, working under the aegis of NYRU’s Dam Removal Program, we reviewed and then supported the removal of Grey Dam on Black Creek. The dam was originally owned and operated by Mohawk Valley Water Authority for flow augmentation to Hinckley Reservoir. The dam was in bad shape, and it was determined that removal was a better alternative than repair.
With the dam removed, the creek has returned to its normal flow patterns winding through forested areas. It is a truly scenic canoe trip. The watershed itself is mostly forested and within the Adirondack Park. Black Creek is a beautiful and mostly undisturbed resource, a true Adirondack stream.
It is not often that we have the opportunity to correct damages that were done decades earlier. We believe now is the time to act to ensure that this truly great resource is protected for future generations.
NYRU proposes that this watershed be included for a top priority project in Region 6.
There are several alternatives for protection, and all or some of each might be appropriate. Status in the state’s “Wild and Scenic Rivers” program would be one. Watershed protection through land acquisition of fee and/or easement would be another. We realize that local government must be made aware of this project before it can move forward. The support of the committee is what we seek on this now.
Enclosed are some of the descriptions from the engineering report prepared on the basin for the dam removal project.
Thank you.
Bruce Carpenter, Ex. Dir.
NYRU
Friday, January 28, 2005
Citizen's Agenda for Rivers
January 19, 2005
Dear Great Lakes Collaborative Colleague,
New York Rivers United (NYRU) is an active member in the Great Lakes Collaborative, a critical effort to restore the Great Lakes Basin. Working together with our friends and colleagues at American Rivers, we believe there is another joint effort that will help in achieving our mutual goals and objectives: The Citizens’ Agenda for Rivers. Many of you are aware of the Agenda and have already given your support; for others this is an introduction and a request for your support.
The Citizens’ Agenda is a proactive policy plan for rivers developed by a steering committee of river and watershed leaders over the last year. It delivers a simple message to all decision-makers: Americans demand clean water and healthy rivers, and we will hold our leaders accountable for doing their part. We believe this message is applicable to the Great Lakes Basin now more than ever.
More than 300 organizations, representing more than 3.6 million Americans, have already endorsed the Citizens’ Agenda for Rivers (view the list of endorsers at www.healthyrivers.org/Endorsements.html). But we are still short of our goal of 1,000 organizational endorsements. We hope to reach this goal in time to deliver the Citizens’ Agenda to the new Congress in late January or early February.
The Citizens’ Agenda identifies three issues representing the most acute threats to the largest number of rivers: eroding water quality, insufficient water flows for river health, and the impacts of sprawl and development. It then calls on decision makers at the local, state and federal levels to take specific policy actions to address each of these threats, such as calling on Congress to pass the Clean Water Authority Restoration Act and states to adopt ecologically based instream flow standards. (Read the full set of policy prescriptions at www.healthyrivers.org/read.html). The Citizens’ Agenda will be updated periodically to reflect changing threats and priorities.
The goals of the Citizens’ Agenda for Rivers, and the solutions it proscribes, are particularly appropriate for those of us concerned about the health of water resources in the Great Lakes Basin. The Citizens’ Agenda also sends a message to Great Lakes decision makers that we are part of larger, nationwide movement that will not rest until we have secured clean water and healthy rivers in all of our communities.
Please go to www.healthyrivers.org today and endorse the Citizens’ Agenda for Rivers. For more detailed information, and to learn about other opportunities to participate in this effort, please contact me (contact info below) or Matt Sicchio at American Rivers (msicchio@americanrivers.org, 202-347-7550).
Sincerely,
Bruce Carpenter
Executive Director
New York Rivers United
T: 315-339-2097
bruce_carpenter@newyorkriversunited.org
Dear Great Lakes Collaborative Colleague,
New York Rivers United (NYRU) is an active member in the Great Lakes Collaborative, a critical effort to restore the Great Lakes Basin. Working together with our friends and colleagues at American Rivers, we believe there is another joint effort that will help in achieving our mutual goals and objectives: The Citizens’ Agenda for Rivers. Many of you are aware of the Agenda and have already given your support; for others this is an introduction and a request for your support.
The Citizens’ Agenda is a proactive policy plan for rivers developed by a steering committee of river and watershed leaders over the last year. It delivers a simple message to all decision-makers: Americans demand clean water and healthy rivers, and we will hold our leaders accountable for doing their part. We believe this message is applicable to the Great Lakes Basin now more than ever.
More than 300 organizations, representing more than 3.6 million Americans, have already endorsed the Citizens’ Agenda for Rivers (view the list of endorsers at www.healthyrivers.org/Endorsements.html). But we are still short of our goal of 1,000 organizational endorsements. We hope to reach this goal in time to deliver the Citizens’ Agenda to the new Congress in late January or early February.
The Citizens’ Agenda identifies three issues representing the most acute threats to the largest number of rivers: eroding water quality, insufficient water flows for river health, and the impacts of sprawl and development. It then calls on decision makers at the local, state and federal levels to take specific policy actions to address each of these threats, such as calling on Congress to pass the Clean Water Authority Restoration Act and states to adopt ecologically based instream flow standards. (Read the full set of policy prescriptions at www.healthyrivers.org/read.html). The Citizens’ Agenda will be updated periodically to reflect changing threats and priorities.
The goals of the Citizens’ Agenda for Rivers, and the solutions it proscribes, are particularly appropriate for those of us concerned about the health of water resources in the Great Lakes Basin. The Citizens’ Agenda also sends a message to Great Lakes decision makers that we are part of larger, nationwide movement that will not rest until we have secured clean water and healthy rivers in all of our communities.
Please go to www.healthyrivers.org today and endorse the Citizens’ Agenda for Rivers. For more detailed information, and to learn about other opportunities to participate in this effort, please contact me (contact info below) or Matt Sicchio at American Rivers (msicchio@americanrivers.org, 202-347-7550).
Sincerely,
Bruce Carpenter
Executive Director
New York Rivers United
T: 315-339-2097
bruce_carpenter@newyorkriversunited.org
Tuesday, January 18, 2005
Action Alert -- Sewage Blending
RIVERS AT RISK
ACTION ALERT!!!!!!!
Dear New York River Conservation Colleague:
New York Rivers United, a leader in river conservation in New York State, needs your help. We need to alert you to an imminent threat to rivers, streams and public health. We ask for your help in mobilizing the river activists across the State to ACTION.
The Issue: Sewage Dumping
Last fall, the Environmental Protection Agency (EPA) proposed a "sewage blending" policy. This is not a Congressional action. Instead, it is a change in regulation. But this change could more accurately be called a "sewage dumping" policy. This change would allow sewage treatment plants to bypass an important treatment phase when it rains and mix partially treated waste with fully treated waste and dump that mixture into our rivers and streams. This policy poses a serious threat to human health and the environment. For more information on the policy including fact sheets, visit
http://www.americanrivers.org/sewagedumping.html
WHAT YOU CAN DO TO STOP SEWAGE DUMPING
1. Email or fax a letter to EPA Administrator urging him NOT to finalize EPA's sewage dumping policy. (See sample letter below.) Spread the word to your colleagues, volunteers, and members and ask them to send a letter to Administrator. Fax copies of your letters to your Senators and Congressmen. Or call your Congressional offices asking them to tell EPA to stop this policy. Please email us a copy of your letters. We will use them on our visits to Congressional staff in Washington and help educate them.
2. Contact your local reporters. Writing letters to the editor and contacting local media is a way to inform others of this issue. If you request we can provide sample materials. (bruce_carpenter@newyorkriversunited.org; (315 339-2097).
Citizens' Agenda for Rivers
New York Rivers United is a steering committee member in this effort. The effort to organize Stopping sewage dumping is a key plank in the Citizens' Agenda for Rivers. If you haven't yet endorsed the Citizens' Agenda, please sign-on at www.healthyrivers.org
We will be in touch with updates about this policy in the coming weeks. With your help, the river movement will be heard. Our health our rivers will continue to be protected Thank you.
Bruce Carpenter, Executive director
New York Rivers United
PO box 1460, Market St.
Rome NY 13442-1460
Sample letter to Leavitt
Administrator Leavitt
Environmental Protection Agency
101A
Ariel Rios Building
Mail Zone 101A
1200 Pennsylvania Avenue NW
Washington, D.C. 20460
Email: leavitt.michael@epa.gov
Fax: 202-501-1450
Dear Administrator Leavitt,
Please protect human health and the environment by withdrawing the proposed sewage blending policy and take steps to ensure that wastewater treatment plants are adequately treating all sewage.
The proposed blending policy would allow wastewater treatment facilities to bypass biological treatment methods during periods of heavy rain and snowmelt and pour the partially treated water back into America’s rivers and streams. This policy will not solve the current problems caused by sewer overflows. Instead, it will just give treatment plants the permission to continue environmentally detrimental practices.
Blending treated and untreated water dilutes the pollution but fails to remove deadly disease producing pathogens from the water. Bypassing the biological treatment phase allows bacteria, viruses and parasites to slip back into our waterways and cause illnesses such as respiratory infections, hepatitis, and dysentery. The EPA has found that a discharge of inadequately treated sewage spreads disease in U.S. waterways. Experts estimate that there are 7.1 million mild-to-moderate cases and 560,000 moderate-to-severe cases of infectious waterborne disease in the United States annually.
Blending also poses a huge threat to the environment, particularly to the health of rivers and streams. Allowing inadequately treated sewage to flow into our nation’s waters would cause long-term environmental damage; kill fish, close beaches, and destroy shellfish beds.
I urge you to protect human health and the environment by withdrawing the proposed blending policy and take steps to ensure full treatment of wastewater at all times.
Thank you for your consideration.
ACTION ALERT!!!!!!!
Dear New York River Conservation Colleague:
New York Rivers United, a leader in river conservation in New York State, needs your help. We need to alert you to an imminent threat to rivers, streams and public health. We ask for your help in mobilizing the river activists across the State to ACTION.
The Issue: Sewage Dumping
Last fall, the Environmental Protection Agency (EPA) proposed a "sewage blending" policy. This is not a Congressional action. Instead, it is a change in regulation. But this change could more accurately be called a "sewage dumping" policy. This change would allow sewage treatment plants to bypass an important treatment phase when it rains and mix partially treated waste with fully treated waste and dump that mixture into our rivers and streams. This policy poses a serious threat to human health and the environment. For more information on the policy including fact sheets, visit
http://www.americanrivers.org/sewagedumping.html
WHAT YOU CAN DO TO STOP SEWAGE DUMPING
1. Email or fax a letter to EPA Administrator urging him NOT to finalize EPA's sewage dumping policy. (See sample letter below.) Spread the word to your colleagues, volunteers, and members and ask them to send a letter to Administrator. Fax copies of your letters to your Senators and Congressmen. Or call your Congressional offices asking them to tell EPA to stop this policy. Please email us a copy of your letters. We will use them on our visits to Congressional staff in Washington and help educate them.
2. Contact your local reporters. Writing letters to the editor and contacting local media is a way to inform others of this issue. If you request we can provide sample materials. (bruce_carpenter@newyorkriversunited.org; (315 339-2097).
Citizens' Agenda for Rivers
New York Rivers United is a steering committee member in this effort. The effort to organize Stopping sewage dumping is a key plank in the Citizens' Agenda for Rivers. If you haven't yet endorsed the Citizens' Agenda, please sign-on at www.healthyrivers.org
We will be in touch with updates about this policy in the coming weeks. With your help, the river movement will be heard. Our health our rivers will continue to be protected Thank you.
Bruce Carpenter, Executive director
New York Rivers United
PO box 1460, Market St.
Rome NY 13442-1460
Sample letter to Leavitt
Administrator Leavitt
Environmental Protection Agency
101A
Ariel Rios Building
Mail Zone 101A
1200 Pennsylvania Avenue NW
Washington, D.C. 20460
Email: leavitt.michael@epa.gov
Fax: 202-501-1450
Dear Administrator Leavitt,
Please protect human health and the environment by withdrawing the proposed sewage blending policy and take steps to ensure that wastewater treatment plants are adequately treating all sewage.
The proposed blending policy would allow wastewater treatment facilities to bypass biological treatment methods during periods of heavy rain and snowmelt and pour the partially treated water back into America’s rivers and streams. This policy will not solve the current problems caused by sewer overflows. Instead, it will just give treatment plants the permission to continue environmentally detrimental practices.
Blending treated and untreated water dilutes the pollution but fails to remove deadly disease producing pathogens from the water. Bypassing the biological treatment phase allows bacteria, viruses and parasites to slip back into our waterways and cause illnesses such as respiratory infections, hepatitis, and dysentery. The EPA has found that a discharge of inadequately treated sewage spreads disease in U.S. waterways. Experts estimate that there are 7.1 million mild-to-moderate cases and 560,000 moderate-to-severe cases of infectious waterborne disease in the United States annually.
Blending also poses a huge threat to the environment, particularly to the health of rivers and streams. Allowing inadequately treated sewage to flow into our nation’s waters would cause long-term environmental damage; kill fish, close beaches, and destroy shellfish beds.
I urge you to protect human health and the environment by withdrawing the proposed blending policy and take steps to ensure full treatment of wastewater at all times.
Thank you for your consideration.
Friday, January 07, 2005
Hudson Action Opposed
January 06, 2005
Richard J. Polo, Jr.
Colonel, Corps of Engineers
District Engineer
New York District, CEN AN-PLE
26 Federal Plaza
New York, NY 10278-0090
RE: Draft Hudson River at Athens DEIS
Dear Ms. Hulkower:
New York Rivers United (NYRU) is a statewide river conservation organization. Our Mission is is to “conserve, protect and restore the rivers of New York State”. We have had great success on this endeavor and have expertise in identifying potential problems. The Hudson River is one of our State’s, our Nations greatest river resources.
We are writing to urge the U.S. Army Corps of Engineers to withdraw the proposal to remove 935,000 cubic yards of sediment to create a 300-foot wide, 6,000- foot long navigational channel to a depth of -24 feet Mean Low Water (MLW), in the vicinity of the Hudson City Light to the north dock at Union Street, Athens, New York.
It is clear based on the Draft Design Report & Draft Environmental Impact Statement that this project is neither economically nor environmentally justified.
Adequacy of Public Comment Period
Rivers are a public resource and have great importance to all. Every effort must be made to ensure the fullest public input. NYRU objects to the timing and adequacy of the Public Comment period for this project. It has been eight years since the Congressional action that precipitated this Study. It has been nearly three years since the Corps initiated a public outreach process for this project. Between then and now there has been no public information disseminated until the release of the DEIS and related documents in December 2004. And yet, the Public and interested Government Agencies are given a mere thirty days, spanning the year end holiday season, to review and comment on this significant, costly and complex proposal.
We specifically ask that:
∑ The Corps schedule a Public Hearing, and
∑ The Corps extend the Public Comment period for at least sixty days to allow all interested parties to properly review and comment.
The lack of sufficient time for Public Comment on this project is especially significant in view of the many serious economic, environmental and public policy questions raised by this proposal, as discussed below. NYRU is especially concerned with the environmental impacts of this project
Environmental Impacts
This project will result in a great number of significant environmental impacts. Significant and valuable fish and wildlife habitat exist in the waters adjacent to the Middle Ground Flats.
The most noteworthy project impact is to fish spawning habitat. As is stated in the Draft Design Report the project area is a “spawning area for several anadromous fish species including American shad (Alosa sapidissima), stripped bass (Morone saxatilis), herring (Alosa aestivalis), and the endangered shortnose sturgeon (Acipenser brevirostrum), as well as a variety of resident species.” (p. 5)
The DEIS points out that “Maintenance dredging of the Hudson navigation channel has also been considered a problem for the Hudson River shortnose sturgeon stock. In particular, hydraulic dredges can lethally harm sturgeon by entraining sturgeon in the dredge dragarms and impeller pumps.” (p. 21)
The U.S. Fish and Wildlife Service (USFWS) in its assessment of this proposal indicated, “The dredging has the potential to impact important spawning and nursery areas for the American shad, blueback herring, and alewife,” and that “There are also likely to be cumulative effects
associated with other proposed dredging projects in the vicinity of the project area considered.”
The USFWS also stated, “Dredging would change the substrate profile from a relatively flat bottom to a sloped condition with corresponding changes in current speed and pattern, which may keep eggs and fry suspended in the water column a for a longer period of time, thus increasing their vulnerability to predators.” (p. 12)
Economically Unjustified
The Corps states in the Draft Design Report that: “The net effect of these changes has produced a finding that the project is not economically justified at either the -24 ft MLW or the -26 ft. MLW depths.” (p. 12). There are several other references in the Draft Design Report and the DEIS indicating that this $30 million project does not make economic sense. The expenditure of $20 million of federal monies is unacceptable particularly in light of the fact that one company “Peckham Industries, Inc., would be the primary beneficiary of the deepening.” (p. 5) In addition, there is currently no local sponsor willing to pick up the $10 million balance neither for the project nor for operation and maintenance costs.
The Corps is given Congressional authorization that allows the deepening of the channel to –24 feet MLW. The barges that use this channel need “draw up to -26 feet when fully loaded.” The fact that the proposed project does not meet shipping needs is additional reason to withdraw this project.
The Corps Colonel Richard J. Polo, Jr., District Engineer states in the Design Report that
“I have determined that there is no feasible project that meets the Principles and Guidelines of the Water Resources Council. However, based upon authorizing legislation that has directed Federal interest in water resources improvements, the design phase will proceed for the navigation improvements at the Hudson River, Athens project, with such modification thereof as in the discretion of the Commander, HOUSACE, as may be advisable.”
Dredge Spoil Disposal
The Corps proposal to dispose of 935,000 CY of material on Houghtaling Island (an existing USACE-owned dredged material placement site) raises serious environmental concerns as well.
Historically, channel maintenance dredging has resulted in the filling of wetlands along the Hudson River. “The loss of wetlands has resulted in a reduction in the quantity of habitat available for emergent wetland – and/or mudflat-dependent wildlife such as waterfowl, shorebirds, and semiaquatic mammals such as muskrats (Ondatra zibethica) and mink (Mustela vison). Nursery and forage habitat for fish has also been lost.” (p. 6)
The USFWS assessment clearly indicated that the there will be detrimental impacts to species of concern such as the cerulean warbler. The cerulean warbler is considered a species of concern by the USFWS and a species of special concern by the NYSDEC. The USFWS indicated, “The proposed expansion of the active disposal site will result in the loss of mature forested upland and possibly isolated wetland habitat as the area is cleared and graded. Numerous forest bird and wildlife species, including the cerulean warbler, will lose habitat.” (p. 14) They also state “clearing and continued use of the proposed dredge disposal area will result in the direct loss of cerulean warbler habitat…” (p.10)
Cultural Resources
This project also has the potential to significantly impact cultural resources. Of the “31 vessels” discovered, “nine are eligible” to be placed on the National Register of Historic Places and “all are recommend for additional work…” (p. 6)
In addition “historic ice houses” have been discovered on Houghtaling Island and all three are eligible for placement on the National Register of Historic Places.
Contaminated sediment
Based on the DEIS “nine sediment samples were collected along the proposed channel alignment” (p. 8) to determine if the sediment are contaminated. The DEIS reports that “No hazardous, toxic, or radioactive waste (HRTW) levels were found.” (p. 16) and that the contamination ranged from “marginally impacted” to “suitable” for construction of wetlands and upland disposal. The DEIS does not, however include any of the data, or the methodology used to gather and analyze the data. The data collected should be provided as part of the DEIS.
The USFWS report indicated “sediments at the Athens Ferry Slip (outside the project alignment) were found to have higher concentrations of PCBs (3,230ppb) than the area proposed for dredging.
We would support the USFWS recommendation, “that the Corps accurately delineate the contaminated areas prior to construction, make these area known to project contractors, and isolate these areas form the work area. …”the Corps model the potential lateral movement of contaminants as well as the movement of sediments that may become exposed during side-slope sloughing and make appropriate modification…to avoid resuspension of contaminants.”
Material should be analyzed prior to use for “capping purposes in advance of creating wetlands.”
Current impacts on water quality
Part of the justification for this project is that current barge scouring is negatively impacting water quality in the area. The significance of the current barge scour problem and its impact on water quality should be clearly understood and ameliorated regardless of whether or not this dredging project goes forward.
Controlling resuspension
The DEIS is lacking in its discussion on how resuspension would be controlled during the dredging operation. Suspended solids may reduce photosynthesis and reduce dissolved oxygen “and result in fish and benthic mortality.”
If the project proceeds, engineering measures such as silt curtains should be used to minimize the movement of suspended solids.
Turbidity monitoring should be conducted during the dredging operation and if water quality problems arise the operation should cease and the problem corrected. In addition the long-term cumulative impacts of operation and maintenance dredging have not been fully explored and are in need of further assessment.
Thank you very mush for the opportunity to comment and we look forward to a response from our action. Should you wish to contact me, I can be reached at (315) 339-20097 or via e-mail mailto:bruce_carpenter@newyorkriversunited.org:
Sincerely,
Bruce Carpenter, Executive Director
Copy: Congressman John Sweeney
NYSDEC Commissioner Erin Crotty
Ms. Bonnie Hulkower, U.S. Army Corps of Engineers
Andrew Fahlund, American Rivers
Richard Roos-Collins, ESQ
Richard J. Polo, Jr.
Colonel, Corps of Engineers
District Engineer
New York District, CEN AN-PLE
26 Federal Plaza
New York, NY 10278-0090
RE: Draft Hudson River at Athens DEIS
Dear Ms. Hulkower:
New York Rivers United (NYRU) is a statewide river conservation organization. Our Mission is is to “conserve, protect and restore the rivers of New York State”. We have had great success on this endeavor and have expertise in identifying potential problems. The Hudson River is one of our State’s, our Nations greatest river resources.
We are writing to urge the U.S. Army Corps of Engineers to withdraw the proposal to remove 935,000 cubic yards of sediment to create a 300-foot wide, 6,000- foot long navigational channel to a depth of -24 feet Mean Low Water (MLW), in the vicinity of the Hudson City Light to the north dock at Union Street, Athens, New York.
It is clear based on the Draft Design Report & Draft Environmental Impact Statement that this project is neither economically nor environmentally justified.
Adequacy of Public Comment Period
Rivers are a public resource and have great importance to all. Every effort must be made to ensure the fullest public input. NYRU objects to the timing and adequacy of the Public Comment period for this project. It has been eight years since the Congressional action that precipitated this Study. It has been nearly three years since the Corps initiated a public outreach process for this project. Between then and now there has been no public information disseminated until the release of the DEIS and related documents in December 2004. And yet, the Public and interested Government Agencies are given a mere thirty days, spanning the year end holiday season, to review and comment on this significant, costly and complex proposal.
We specifically ask that:
∑ The Corps schedule a Public Hearing, and
∑ The Corps extend the Public Comment period for at least sixty days to allow all interested parties to properly review and comment.
The lack of sufficient time for Public Comment on this project is especially significant in view of the many serious economic, environmental and public policy questions raised by this proposal, as discussed below. NYRU is especially concerned with the environmental impacts of this project
Environmental Impacts
This project will result in a great number of significant environmental impacts. Significant and valuable fish and wildlife habitat exist in the waters adjacent to the Middle Ground Flats.
The most noteworthy project impact is to fish spawning habitat. As is stated in the Draft Design Report the project area is a “spawning area for several anadromous fish species including American shad (Alosa sapidissima), stripped bass (Morone saxatilis), herring (Alosa aestivalis), and the endangered shortnose sturgeon (Acipenser brevirostrum), as well as a variety of resident species.” (p. 5)
The DEIS points out that “Maintenance dredging of the Hudson navigation channel has also been considered a problem for the Hudson River shortnose sturgeon stock. In particular, hydraulic dredges can lethally harm sturgeon by entraining sturgeon in the dredge dragarms and impeller pumps.” (p. 21)
The U.S. Fish and Wildlife Service (USFWS) in its assessment of this proposal indicated, “The dredging has the potential to impact important spawning and nursery areas for the American shad, blueback herring, and alewife,” and that “There are also likely to be cumulative effects
associated with other proposed dredging projects in the vicinity of the project area considered.”
The USFWS also stated, “Dredging would change the substrate profile from a relatively flat bottom to a sloped condition with corresponding changes in current speed and pattern, which may keep eggs and fry suspended in the water column a for a longer period of time, thus increasing their vulnerability to predators.” (p. 12)
Economically Unjustified
The Corps states in the Draft Design Report that: “The net effect of these changes has produced a finding that the project is not economically justified at either the -24 ft MLW or the -26 ft. MLW depths.” (p. 12). There are several other references in the Draft Design Report and the DEIS indicating that this $30 million project does not make economic sense. The expenditure of $20 million of federal monies is unacceptable particularly in light of the fact that one company “Peckham Industries, Inc., would be the primary beneficiary of the deepening.” (p. 5) In addition, there is currently no local sponsor willing to pick up the $10 million balance neither for the project nor for operation and maintenance costs.
The Corps is given Congressional authorization that allows the deepening of the channel to –24 feet MLW. The barges that use this channel need “draw up to -26 feet when fully loaded.” The fact that the proposed project does not meet shipping needs is additional reason to withdraw this project.
The Corps Colonel Richard J. Polo, Jr., District Engineer states in the Design Report that
“I have determined that there is no feasible project that meets the Principles and Guidelines of the Water Resources Council. However, based upon authorizing legislation that has directed Federal interest in water resources improvements, the design phase will proceed for the navigation improvements at the Hudson River, Athens project, with such modification thereof as in the discretion of the Commander, HOUSACE, as may be advisable.”
Dredge Spoil Disposal
The Corps proposal to dispose of 935,000 CY of material on Houghtaling Island (an existing USACE-owned dredged material placement site) raises serious environmental concerns as well.
Historically, channel maintenance dredging has resulted in the filling of wetlands along the Hudson River. “The loss of wetlands has resulted in a reduction in the quantity of habitat available for emergent wetland – and/or mudflat-dependent wildlife such as waterfowl, shorebirds, and semiaquatic mammals such as muskrats (Ondatra zibethica) and mink (Mustela vison). Nursery and forage habitat for fish has also been lost.” (p. 6)
The USFWS assessment clearly indicated that the there will be detrimental impacts to species of concern such as the cerulean warbler. The cerulean warbler is considered a species of concern by the USFWS and a species of special concern by the NYSDEC. The USFWS indicated, “The proposed expansion of the active disposal site will result in the loss of mature forested upland and possibly isolated wetland habitat as the area is cleared and graded. Numerous forest bird and wildlife species, including the cerulean warbler, will lose habitat.” (p. 14) They also state “clearing and continued use of the proposed dredge disposal area will result in the direct loss of cerulean warbler habitat…” (p.10)
Cultural Resources
This project also has the potential to significantly impact cultural resources. Of the “31 vessels” discovered, “nine are eligible” to be placed on the National Register of Historic Places and “all are recommend for additional work…” (p. 6)
In addition “historic ice houses” have been discovered on Houghtaling Island and all three are eligible for placement on the National Register of Historic Places.
Contaminated sediment
Based on the DEIS “nine sediment samples were collected along the proposed channel alignment” (p. 8) to determine if the sediment are contaminated. The DEIS reports that “No hazardous, toxic, or radioactive waste (HRTW) levels were found.” (p. 16) and that the contamination ranged from “marginally impacted” to “suitable” for construction of wetlands and upland disposal. The DEIS does not, however include any of the data, or the methodology used to gather and analyze the data. The data collected should be provided as part of the DEIS.
The USFWS report indicated “sediments at the Athens Ferry Slip (outside the project alignment) were found to have higher concentrations of PCBs (3,230ppb) than the area proposed for dredging.
We would support the USFWS recommendation, “that the Corps accurately delineate the contaminated areas prior to construction, make these area known to project contractors, and isolate these areas form the work area. …”the Corps model the potential lateral movement of contaminants as well as the movement of sediments that may become exposed during side-slope sloughing and make appropriate modification…to avoid resuspension of contaminants.”
Material should be analyzed prior to use for “capping purposes in advance of creating wetlands.”
Current impacts on water quality
Part of the justification for this project is that current barge scouring is negatively impacting water quality in the area. The significance of the current barge scour problem and its impact on water quality should be clearly understood and ameliorated regardless of whether or not this dredging project goes forward.
Controlling resuspension
The DEIS is lacking in its discussion on how resuspension would be controlled during the dredging operation. Suspended solids may reduce photosynthesis and reduce dissolved oxygen “and result in fish and benthic mortality.”
If the project proceeds, engineering measures such as silt curtains should be used to minimize the movement of suspended solids.
Turbidity monitoring should be conducted during the dredging operation and if water quality problems arise the operation should cease and the problem corrected. In addition the long-term cumulative impacts of operation and maintenance dredging have not been fully explored and are in need of further assessment.
Thank you very mush for the opportunity to comment and we look forward to a response from our action. Should you wish to contact me, I can be reached at (315) 339-20097 or via e-mail mailto:bruce_carpenter@newyorkriversunited.org:
Sincerely,
Bruce Carpenter, Executive Director
Copy: Congressman John Sweeney
NYSDEC Commissioner Erin Crotty
Ms. Bonnie Hulkower, U.S. Army Corps of Engineers
Andrew Fahlund, American Rivers
Richard Roos-Collins, ESQ
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