News Updates for 2006


Citizens for a Green North Tonawanda




The North Tonawanda Board of Education has shown its excellent commitment to the protection of wetlands in our community with a ten year agreement made with Buffalo Audubon Society to protect 9.2 acres of school district land in the Klydel Wetland in March 2006. There is a "Klydel Wetland" sign at the end of Woodward Avenue in North Tonawanda that designates this property.


NATURE WATCH - THE BUFFALO NEWS - Published 3/26/2006

"Wetlands good for wildlife, not so good for homes"

By Gerry Rising

I have a love-hate relationship with wetlands.  The Clean Water Act defines wetlands as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support . . . a prevalence of vegetation typically adapted for life in saturated soil conditions."

Like many friends who participate in nature-related activities, I spend much time in them. Iroquois National Wildlife Refuge and the Tonawanda and Oak Orchard State Wildlife Management Areas, Great Baehre Swamp, Buckhorn Island, Tifft Nature Preserve and Times Beach, Nature View Park, Tillman Road Swamp, Zoar Valley - you name the regional wetland, and I have probably been there recently.

Why? Because those areas are where wildlife abounds. They are where I find the most wild mammals and birds; wildflowers, trees, mushrooms and ferns; butterflies, moths, beetles and other insects; frogs, salamanders and snakes. Dry forests have their own, often different wildlife but not nearly so many species because water is a life essential.

Unfortunately, I also live in a wetland. The Army Corps of Engineers calls it a flood plain. And indeed our home was once flooded. That is not an experience I would wish on anyone. Now my town has added pumps and an overflow-diversion area has been dug along our local creek, but that only reduces the threat. As the Corps official told us, "When you live on a flood plain, sooner or later you get flooded."

Caveat emptor. When we purchased our home, why didn't we check for flooding? We would have found that hundreds, perhaps thousands of homes in this area are built in areas that earlier settlers knew as swamps. Like other buyers, we faced so many other considerations that we never thought we would be defenseless against an extended episode of rain and melting snow. In much of northern Erie and Niagara counties, it is difficult to avoid wetland environments. The area is very flat, and the clay soils only slowly absorb water.

We didn't realize that we were gambling and that the house, Mother Nature in this case, always wins in the end.

What made me reconsider my attitude toward wetlands were two things: a newly issued series of U.S. Fish and Wildlife Service wetland maps and the notice of an upcoming meeting about wetlands.

Detailed maps comparing the new federally defined wetlands with the earlier state definitions are now available, including map quadrangles for much of Western New York, from the Web site wetlands.fws.gov. That assumes, however, that you can master the complicated process necessary for downloading.

These new maps avoid indicating as wetlands most areas already developed, but they still show clearly how much still-undeveloped wetlands have not already been designated by New York State. The older state definitions represent the less sophisticated technology then available. The problem now will be to bring the state into conformity with these federal maps in order to avoid further development that will punish future home buyers.

Important, then, will be the free April 1 Wetland Conference hosted by the Sierra Club, the Niagara Frontier chapter of the Adirondack Mountain Club and the University at Buffalo Greens.

A morning session will run from 9 to noon in 120 Clemens Hall on UB's Amherst Campus. State entomologist Wayne Gall will speak on "Quaking Mats, Muck, Mire, Bogs and Fens: Bog Walking in Western New York"; Bill Hudson, director of the Audubon Society's Beaver Meadow Sanctuary, will explain "Why Wetlands Matter"; Liz Kaszubski, state wetland chair for the Sierra Club, will present "Comparison Mapping of State and New Federal Wetlands: How to Save Wetlands in Your Community"; and a Corps of Engineers representative will speak on "Wetland Regulations and the Public's Role in the Regulatory Process."

At 1:30 p.m. interested participants will reconvene at the Baird lot for a Great Baehre Swamp hike. Bring boots for wet conditions. The swamp is just 10 minutes from the campus.

For further information about the morning meeting, contact Lynn Kenney at 825-7329 or at woodthrush@ hotmail.com or Art Klein at 693-1082 or at [email protected]. For information about the afternoon hike, contact Larry Beahan at 839-3112.

e-mail: [email protected]


�WETLANDS ARE IMPORTANT TO LAKES�

Guest View by Art Klein, published in the Tonawanda News on April 18, 2006

 

One thing is very clear-- we in the Great Lakes Basin now have but one asset: Water.


Whether we use it for fun or profit, our water and waterfronts are just about all we have. Water quality mainly depends on two things: controlling the pollutants we humans just love to dump; and the effectiveness of wetlands to cleanse surface waters that flow through on their way to the rivers and lakes at our doorstep.


Wetlands are nice natural areas that concentrate wildlife and vegetation in a small area of the terrain. The principal thing that separates wetlands from surrounding areas is they are generally lower and always contain a unique combination of soils called hydric soils.


During the 1970�s and 1980�s, I was a waterway investigator for the Corps of Engineers. I met with dozens of government officials, individuals and contractors to inspect the impact of their construction projects on navigation and wetlands. I also aided in several public hearings to inform these same folk of the new wetland regulations.

 

By the late 1970�s, in just about every office of responsible town supervisors and engineers, a well-thumbed copy of the county soils maps would be in easy reach. These folk recognized that wetlands were now an important part of our Great Lakes fabric and were fully aware of the wetlands in their province of concern.


With this, my experience, I was unprepared for the reaction of the North Tonawanda officials at the DEC information hearing March 30 in NT city Hall.

Recently the US Fish and Wildlife Service discovered that more wetlands exist in North Tonawanda than had been previously mapped by the DEC. Maps delineating these wetlands were released but are not yet adopted. The DEC is now seeking ways to implement this information.


The DEC wetlands were mostly mapped in a hurry-up fashion in the 1970�s and that science is now much improved. The wetlands are not new but have been here since the last ice age 12,000 years ago. Sadly for a Great Lakes City, North Tonawanda does not appear ready to realize the presence and importance of their wetlands.


At the hearing, one councilperson complained that New York State was over regulating its wetlands. Sorry, Brett (Sommer), but New York has less wetland regulation than every other state in the Great Lakes and all the Northeastern states. It is sad that we continue to allow such threat to one of our most important assets.


The mayor wants the government to compensate owners of wetlands for the loss of value. There has been a lot of sympathy for this but Congress is afraid as many fools as victims would be rewarded. After all wetland knowledge has become pretty common in 35 years.


As far as an over-designed water treatment plant, I recall the EPA officials in the 1970�s imploring local and county governments to combine their facilities. The DEC would never be expected to intervene and redesign plans from an architect/engineer firm and a municipality. They just make sure the system works. But most municipalities were reluctant to combine resources.


I was also surprised at the representative of MJ Peterson. Now this firm should know the nature of wet basins that had been avoided by many generations of much smarter folk. I cannot get over that he and all the officials, planners and engineers involved who appear not to realize hydric soils were present in all these vacant basins of the city. I question the motivation of anyone who would propose to build in this soupy environment. Think of the sinking homes in Amherst when you ponder (Dennis) Penman�s words.


After the city officials huffed and puffed then disappeared into the night, they missed many local citizens who were disturbed that development near them was shoving water into their yards and basements.

But the important thing here is that wetland laws also are the laws of New York State and of the federal government that these same officials have sworn to uphold when they assumed office. To challenge and provide adversarial comments to a state representative who was there to help define these laws is a civic embarrassment. Shame on every North Tonawanda official who was so discourteous.


Another amazing fact is that North Tonawanda endeavors to build new homes in the wetlands, just when the overall housing market is deflating and Western New York�s largest employers are down sizing. Maybe they want to house the 600-plus employees whose NT companies moved to other areas and who lost their jobs last year.


I recommend that North Tonawanda just appraise its situation. The waterfront, not housing in the inland wetland basins, is the key to your future. Fix it up, put in public dockage, provide public access and a reason to be there. Look at the success on the Tonawanda side of the canal and get to work. The public will then come to celebrate the magic of water.


Art "Happy" Klein

43 Luksin Dr, Tonawanda, NY 14150


Media Release

 

City of North Tonawanda Voids Bond Funding for Briarwood Subdivision,
Agrees to Environmental Review and Restoration of Wetlands

 

FOR IMMEDIATE RELEASE: March 10, 2006

 

North Tonawanda, NYIn August 2005, two groups of concerned homeowners filed suit against the City of
North Tonawanda for failure to comply with the New York State Environmental Quality Review Act and
for violations of US and NYS permitting requirements for the proposed Briarwood Estates Subdivision.

 

This legal action was in response to the July 20, 2005 vote by the NT Common Council, under the leadership of Brett Sommers, to issue bonds in the amount of $705,000 to pay for infrastructure work at the Briarwood site. In essence, the Common Council approved funding for a project not yet properly approved by the North Tonawanda Planning Commission. As a result, the City had to void that bond resolution.

 

For almost a year, residents have questioned the City�s plan for taxpayers to foot the bill for over $700,000
in infrastructure costs for Briarwood. In most communities, standard practice is for the homebuilder to fund these expenses. �It�s a victory for NT taxpayers,� claims David Andrees, a long-time resident of North Tonawanda. �Knowing that there are other, more immediate needs for infrastructure repairs on existing roads, like Old Falls Boulevard, it�s hard to imagine why the City would use its limited resources on Briarwood. If this is truly a viable project, let�s have a developer step in with the resources to properly develop and pay for the infrastructure. Citizens are fed up with paying for the mistakes and mismanagement of our City leaders.�

 

The proposed development of 38 single-family homes, adjoining Brentwood Drive, has been reduced to 24
in order to avoid building new homes on wetlands. In May 2005, construction at the Briarwood site was shut down by the New York State DEC and US Army Corps of Engineers because the City bulldozed wetlands without permits. The City signed an order to restore the wetlands they damaged.

 

Wetlands are valuable natural resources protected by law. They filter pollutants and create water recharge areas that control flooding and erosion. Wetland areas also function as a wildlife habitat. Ann Hondzinski, a Brentwood Drive resident, realizes that as more homes are built in wetlands, flooding problems that plague the city will be exacerbated. �It�s important to consider local flooding problems. The current design of the Briarwood infrastructure creates significant flooding risks for existing homeowners in the area, due to lack of downstream sewer capacity. I am very concerned about the potential for increased flooding in a City that�s notorious for being unresponsive to new drainage problems created by development.�

 

Potential flooding is a major concern of homeowners residing near the proposed development. Concerned residents in the area formed a group called �Residents Against Flooded Terrain� (RAFT) to:

        Balance environmental integrity with future development in North Tonawanda

        Hold City Officials accountable for adhering to due process and complying with municipal, state
and federal requirements prior to project approval and during construction of new developments.

 

R.A.F.T President, Deborah Gondek, states �We�re satisfied that our group�s efforts are moving the project
in the right direction. The City should not be spending any more taxpayer dollars on Briarwood until they determine the viability of the project. We want to ensure that the Planning Commission, Common Council and Mayor are appropriately evaluating Briarwood against all other priorities in North Tonawanda. We�re at a critical juncture where City officials have an opportunity to improve the Briarwood subdivision from its original design -- reducing flooding risks, eliminating negative environmental impacts, and insuring that taxpayers are not burdened with a project that does not provide adequate tax revenues.�

 

For more information or copies of supporting documents (Wetland Restoration Order, Stipulation of Settlement and Consent Agreement) please contact:

 

Debbie Gondek, President, R.A.F.T.  (716) 622-6203


The NT City Engineer still doesn't understand wetland laws at all.  
No wonder he led the City into violating the Clean Water Act on this Briarwood project ...  
"Briarwood may move forward this spring"
- Number of homes to decrease from 38 to 26 due to wetland designations.
 
BY STACEY SHEPARD, published in The Tonawanda News on 3-3-2006

North Tonawanda City Engineer Dale Marshall said the number of homes proposed
for the controversial Briarwood Estates development has decreased due to the
state Department of Environmental Conservation�s determination that part of the
property is wetlands.

The development initially called for 38 homes on the site, but that number has
been reduced to 26, Marshall said.

While he expects work to resume in April or May on the unaffected part of the
site, he�s concerned about the impact the DEC�s wetlands findings could have on
future development in the city.

�I would say that 100 percent of NT is a wetland by their definition,� he said.

Work was halted at the site last May after the DEC and the U.S. Army Corps of
Engineers informed the city a wetlands survey must be done. The issue was raised
when a group of residents living on nearby Brentwood Drive became concerned
about flooding problems the new homes may cause.

The DEC�s findings was good news to Debbie Gondek, one of the Brentwood Drive
homeowners who felt the city didn�t consider the potential flooding problems the
development would cause.

�I think we�re in a position now where we can improve the project by making sure
it�s sound environmentally and drainage-wise,� she said. �There�s still some
components of the project we�re looking at, but I think we�re moving in the
right direction.�

Marshall, however, disagrees with the DEC�s definition of a wetland, which is
largely determined by the type of vegetation that grows in an area. Marshall
said North Tonawanda was previously the low point of a large lake that extended
across the region and, therefore, has a tendency to become soggy in areas.
However, he doesn�t feel that should qualify the land as a protected area.

Marshall argues that millions of dollars were invested in the city�s
infrastructure in the 1970s, particularly on the wastewater treatment plant, for
future development in the city. Now, he said, the DEC�s definition of wetlands
likely will prohibit the development of almost 200 acres of city land.

Contact Stacey Shepard at 693-1000, Ext. 114.

URL Source:  http://www.tonawanda-news.com/local/local_story_062092512.html
 
Check out the national wetland inventory for North Tonawanda. 
 
Is this 100% wetland coverage for the city?  Clearly it isn't!
 
http://www.geocities.com/ntgreencitizen/nwi_nt_2005.pdf


*** Public Notice Posted for Amendments to the New York State Freshwater Wetland Maps for Niagara County ***
URL Source: http://www.dec.state.ny.us/website/dfwmr/habitat/wetmap/niagamendlist.html
Towns Affected by Amendment: Lewiston, Somerset, Wheatfield, City of North Tonawanda
 
Public Hearing: 
March 30, 2006, beginning at 7:30 PM
North Tonawanda Common Council Chambers
City of North Tonawanda City Hall
216 Payne Avenue
North Tonawanda, New York 

Deadline to Submit Comments Ended:  April 21, 2006 

NYSDEC PROPOSED WETLAND MAP AMENDMENTS

LE-5 (PROPOSED SENECA NATION GOLF COURSE IN LEWISTON)
Add LE-5, as Class 1 wetland and a wetland of unusual local importance due to 
the education and scientific research benefits of this unique wetland habitat 
(shellbark hickory). This unique habitat area contains ~9 acres of wetland and 
is located on Map 7 of 18, Lewiston Quadrangle, in the Town of Lewiston.  (The 
proposed map is shown at the link below:)
http://www.dec.state.ny.us/website/dfwmr/habitat/wetmap/le5.html

TE-15 (KLYDEL WETLAND)
Revise the classification for the entire Wetland TE-15 from Class 2 to Class 1 
(first occurrence of Shumard Oak in New York State) and revise the boundary of 
Wetland TW-15 adding ~6 acres of wetland not shown previously on Maps 14 and 15 
of 18, Tonawanda East Quadrangle, in the Town of Wheatfield (in the City of North 
Tonawanda).
http://www.dec.state.ny.us/website/dfwmr/habitat/wetmap/te15.html

TE-36 (BRIARWOOD WETLAND)
Add TE-36, as Class 2 wetland of ~130 acres in size to Map 15 of 18, Tonawanda 
East Quadrangle, in the Town of Wheatfield (in the City of North Tonawanda).

http://www.dec.state.ny.us/website/dfwmr/habitat/wetmap/te36.html

(Items in parentheses were added to the NYSDEC listing for clarification)
 



View our 2005 News Archives, 2004 News Archives, News Archives for 2003 which includes information about wetlands violations in North Tonawanda, 2002 News, 2001 News, 2000 News, 1999 News, 1998 News, and 1997 News.

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