
In March 2006, the Seneca Nation has purchased Old Creek Development's proposed golf course site in Lewiston, Niagara Co., NY. A rare shellbark hickory forest is on this project site. A public hearing for this LE-5 state wetland will be conducted in North Tonawanda as follows:
* The knowledge that a shellbark hickory forest exists on the proposed project site is a wonderful discovery. These trees are rare to the point of non-existent elsewhere in New York State. The shellbark hickory tree is a Midwest USA species that is associated with wetlands. This is a forest on the project site and not just an individual shellbark hickory tree. Water level disturbances, edge disturbances, associated tree removal, etc., all are critical to the survival of this wetland species. We were unable to obtain a map of the hickory forest on this project site from NYSDEC under a freedom of information law request. We do know, however, that significant numbers of hickory trees are located mostly on the northeast portion of the project site. It is important to preserve this endangered resource for future generations.
* The wetland permitting process involves this sequence: 1) avoidance, 2) minimization, and as a last resort, 3) mitigation. Disturbance of wetlands is allowed only if avoidance is not possible and a different project site -- that does not impact wetlands -- cannot be located. The developer is required to do alternative sites analysis. The developer appears, however, to be interested only in a 200-acre site that they currently own south of Pletcher Road between Creek Road and the Robert Moses Expressway. There are large parcels available in Lewiston that would not have the impacts that disturbing this site would have on the environment. Some of these other potential sites are located: 1) northeast of the intersection of Route 104 and Creek Road (264 acres), and 2) south of Pletcher between East River Parkway and the Robert Moses Expressway (3 parcels that total 192 acres).
* Identifying the best sites early in the process, with public input, can save money and time on studies leading up to the environmental impact study. A $5,000 walkthrough of the proposed site should have indicated to the developer not to spend Lewiston taxpayers� funds for another $95,000 for wetland delineations. There are important issues that the NYSDEC and the US Army Corps of Engineers need to consider before issuing any permits. Political pressure to just approve this project �as is� makes proper decision-making difficult.
* The Seneca Nation plans to ask Niagara County taxpayers to fund part of a $10 to $15 million golf course.
* The original Old Creek plan included a residential subdivision. The SEQR process of environmental review should start from square one for a golf course only.
* The original site plan for the golf course indicated there were over 23 acres of federal wetlands scattered across the project site. Any combination of federal wetlands within 50 meters (approx. 165 feet) of each other that total 12.4 acres in size should be mapped by the New York Department of Environmental Conservation and required to obtain a permit under Article 24 of NYS Conservation Law.
* The existing residential neighbors are concerned about the water table (flooding) since they are adjacent to a wetland forest (saplings and young trees are currently observed). Changes to the water table or anything that opens up the forest edges may threaten the long-term viability of this forest and may cause more flooding.
* A golf course, by definition, will try to alter drainage and create broad open areas. The developer is drawing the golf course layout in a cookie-cutter attempt to miss the wetlands and may be attempting to avoid needing a wetland permit until after construction has begun. It is impossible not to impact wetlands on the proposed course layout, particularly when one considers the adjoining proposed residential subdivision. A contiguous parcel of 40 to 50 acres south of Autumn has not been studied and approved for wetlands on the site plans.
* The environmental impact statement prepared for this project should take into account all of the properties associated with this golf course site that will be developed as ONE project. The developer should not segment the project to minimize the wetland-permitting responsibilities.
Sierra Club's recommendation for
this project:
The site in question contains a rare, shellbark hickory
forest, one of only 3 sites in New York known to contain these trees.
The NYS Department of Environmental Conservation has posted a public notice for a state wetland of special local significance on this site due to the presence of a Class 1 wetland criteria- the 160 endangered hickory trees. NYSDEC noted ~25 acres of state wetlands in December 2002 but declared NO state wetlands in another site visit in May 2003. Political pressure may have affected their decision-making process as most areas containing federal wetlands (and this site has over 23 acres of federal wetlands) would actually contain more state wetlands.


Our organization supports the Niagara Heritage Partnership call for the removal of the Robert Moses Parkway. For more information, see their web site at: http://www.niagaraheritage.org/
Excerpts from "Activists petition to close section of parkway"
By BILL MICHELMORE - Buffalo News Niagara Bureau - 1/5/2003
NIAGARA FALLS - A grass-roots organization that has spent the past two years quietly garnering support for the removal of a section of the Robert Moses Parkway says it is gearing up to present Albany an international petition containing some powerful names.
More than 3,500 individuals and 50 regional, national and international organizations representing millions of members are backing the Niagara Heritage Partnership's move to tear down the parkway from downtown Niagara Falls to Lewiston.
Among the individuals are Robert F. Kennedy Jr., a conservation lawyer and co-author of "The Riverkeepers," a book about protecting waterways; David Suzuki, a Canadian environmentalist and host of the CBC television program "The Nature of Things"; consumer advocate Ralph Nader; and actor Ed Begley Jr., who attended Stella Niagara, a private school in Lewiston.
These are just a few of the people who have added their voices to the movement and have appeared at Buffalo Niagara region environmental functions wearing "Remove the Parkway" buttons.
The Niagara Heritage Partnership wants to restore the natural environment of the Niagara Gorge by removing a six-mile section of the Robert Moses Parkway from downtown Niagara Falls to Lewiston.
The group collected the names through door-to-door campaigns, local events such as national Trails Day and on its Web site, www.niagaraheritage.org.
The biggest backer is Great Lakes United, an international coalition dedicated to restoring and preserving the Great Lakes-St. Lawrence River ecosystem.
"The Niagara Gorge region is a critical habitat for migratory species of birds and aquatic life, and the existence of the parkway inhibits viable resources for these species," said Maria Maybee, biodiversity and habitat program coordinator for Great Lakes United.
The Sierra Club, with 750,000 members nationwide, is the second-largest organization to endorse the removal of the parkway.
A two-year pilot project to close off a section of the parkway and turn it into a hiking-biking trial along the Niagara Gorge was launched by the state Office of Parks, Recreation and Historic Preservation in September 2001.
The two southbound lanes between Devil's Hole State Park and the Schoellkopf Geological Museum were closed, and the two northbound lanes became a two-way, undivided highway to handle both southbound and northbound traffic for that section.
The $1 million trial run was initiated by the state as a compromise between the Niagara Heritage Partnership and people who say the parkway is a vital link between downtown Niagara Falls and Lewiston.

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