Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
North Fork Audubon Society 5.26.23 Submission
A t 1)t J 13 0 N S 0 C I 1,'ITY North Fork Audubon Society 65275 County Rte. 48, P.O. Box 862 Greenport,NY 11944 www.northforkaudubon.org 631-477-6456 May 26, 2023 To: Southold Town Planning Department and Planning Board From: Theresa Dilworth, Board Member& Treasurer of the North Fork Audubon Society Re: Strong Yacht Center(SYC) Proposal and Draft Environmental Impact Statement(DEIS) This letter represents our comments as of May 26, 2023, on the Draft Environmental Impact Statement. We will be separately submitting documentation of ongoing field observations of nine bat species detected at the border of the Strong property and at the adjacent Mill Road Preserve, including the Endangered Indiana Bat, the Endangered Northern Long-Eared Bat, the Tri-Colored Bat which is scheduled to be listed as Endangered in mid-September 2023, the Little Brown Bat which is scheduled to be listed as Endangered or Threatened in late September 2023, and the Eastern Small-Footed Bat, currently a High Priority Species of Greatest Conservation Need. For ease of reference, we have included a Table of Contents. Thank you for the opportunity to make our voice heard. 4, AUDt,l BON S0CI1{,'1'Y TABLE OF CONTENTS INTRODUCTION 5 The proposed action, its purpose, public need, and benefits, including social and 5 economic considerations. Evaluation of the potential significant adverse environmental impacts at a level of detail 8 that reflects the severity of the impacts and the reasonable likelihood of their occurrence. IMPACTS ON THE LAND AND SOIL 8 IMPACTS ON THE COASTLINE OR WATER 9 DIRECT IMPACTS ON A RARE NEW YORK FOREST 11 INDIRECT IMPACTS ON RARE NEW YORK OAK-BEECH FOREST VIA FOREST 13 EDGE EFFECT IMPACT ON ADJACENT TOWN PRESERVE FROM FOREST EDGE EFFECT MAY BE 15 UNDERSTATED INDIRECT IMPACTS ON REMAINING RARE NEW YORK FOREST VIA 19 FRAGMENTATION THE IMPORTANCE OF FORESTS COMPARED TO INDIVIDUAL TREES 21 THE PARTICULAR IMPORTANCE OF OAK TREES COMPARED TO OTHER 23 TREES OAK TREES ON THE PROPOSED EXCAVATION SITE CAN LIVE UP TO 600 26 YEARS IMPACTS ON BEECH TREES 27 IMPACTS ON OTHER NATIVE TREE SPECIES BESIDES OAK TREES 28 2 IMPACTS ON BIRDS 29 ENDANGERED PIPING PLOVER 31 MANY OTHER ENDANGERED AND THREATENED SPECIES BESIDE 32 PIPING PLOVER ENDANGERED ROSEATE TERN 34 ENDANGERED PEREGRINE FALCON 35 ENDANGERED BLACK TERN 37 ENDANGERED SHORT-EARED OWL 38 ENDANGERED GOLDEN EAGLE 38 THREATENED NORTHERN HARRIER 40 THREATENED BALD EAGLE 40 COOPER'S HAWK, DEC SPECIES OF SPECIAL CONCERN 42 SHARP-SHINNED HAWK, DEC SPECIES OF SPECIAL CONCERN 43 COMMON NIGHTHAWK, DEC SPECIES OF SPECIAL CONCERN 45 RED-SHOULDERED HAWK, DEC SPECIES OF SPECIAL CONCERN 46 OSPREY, DEC SPECIES OF SPECIAL CONCERN 47 AMERICAN WOODCOCK, SPECIES OF HIGH PRIORITY 48 EASTERN WILD TURKEY-EXTINCT IN NEW YORK FOR 100 YEARS 50 ENDANGERED OR THREATENED BIRDS LIST IN 2021 EPA REPORT ON 51 MATTITUCK CREEK MATTITUCK INLET IS AN IMPORTANT STOP ON THE ATLANTIC FLYWAY 52 IMPACTS ON OTHER PLANTS BESIDES TREES 54 IMPACTS ON MUSHROOMS 54 IMPACTS ON BUTTERFLIES 56 3 IMPACTS ON OTHER INSECTS 57 AT LEAST NINE SPECIES OF BATS,NOT FOUR 58 FIVE SPECIES OF PROTECTED BATS,NOT TWO 59 NORTHERN LONG EARED BAT IS ENDANGERED, NOT THREATENED 61 DEIS INCORRECTLY STATES THAT NORTHERN LONG EARED BAT DOES 62 NOT WINTER ON LONG ISLAND DEIS INCORRECTLY DESCRIBES WHITE-NOSE SYNDROME IMPACT ON 63 NORTHERN LONG EARED BAT ON LONG ISLAND OAK AND OTHER DECIDUOUS FOREST IS PREFERRD HABITAT FOR 65 NORTHERN LONG EARED BAT TRI-COLORED BAT PROPOSED TO BE UPGRADED TO ENDANGERED 69 LITTLE BROWN BAT TO BE UPGRADED TO ENDANGERED OR 69 THREATENED 30-YEAR OLD DATA USED TO DETERMINE IMPACTS ON AMPHIBIANS 70 EASTERN BOX TURTLE, DEC SPECIES OF SPECIAL CONCERN 72 ENDANGERED OR THREATENED SEA TURTLES 74 IMPACTS TO RARE MARITIME CEDAR FORESTS FROM SUPERSIZED YACHTS 76 WHY IT IS IMPORTANT FOR SOCIETY TO PRESERVE BIRD (AND OTHER 77 WILDLIFE) HABITATS WHY GOVERNMENTS SHOULD PRIORITIZE PROTECTING NATURAL 79 HABITATS ADVERSE ENVIRONMENTAL IMPACTS CANNOT BE ADEQUATELY 82 MITIGATED CERTAIN OTHER POINTS INADEQUATELY COVERED BY THE DEIS 84 REASONABLE ALTERNATIVES 88 Alternatives One and Six are the Only Environmentally Sustainable of the Currently 91 Proposed Options. 4 INTRODUCTION North Fork Audubon is a non-profit organization and has been a chapter of the National Audubon Society for 52 years, since 1971. Our headquarters are in Greenport where, together with Suffolk County Parks Department, we are stewards of the 55 -acre Inlet Pond County Park between Route 48 and L.I. Sound. National Audubon's mission is "To protect birds and the places they need, today and tomorrow." Our local chapter's mission is "Connecting People with Nature." Through education, conservation, and hands-on experiences, we work to support birds and preserve local wildlife and their habitats on the North Fork. In 2022 we conducted 30 guided bird walks at locations around the North Fork including at the Mill Road Preserve, and bi-monthly Young Birders Club sessions to introduce young people to birdwatching. We provide conservation and nature-related educational programs for adults and children throughout the year. Our 200 members are predominantly from the North Fork, from Orient to Riverhead. We are opposed to allowing this project to go through as proposed. It would directly decimate a natural bluff, and directly or indirectly destroy all acres of a pristine coastal oak-beech forest classified as "rare"by the New York State Forest Management Plan. This forest contains prime bird and wildlife territory, including habitat for dozens of New York State-protected Endangered, Threatened, Special Concern and other species. The project will create negative impacts on the neighboring Mill Road preserve, Mattituck Creek, Mattituck Inlet, Long Island Sound, and East End as a whole. At the end of this letter, we discuss alternatives and have made some environmentally friendly suggestions to be considered with respect to siting and design. 1. The proposed action, its purpose, public need, and benefits, including social and economic considerations. a. There is no public need for the proposed action. Unlike, for example, the need for affordable housing to retain younger and older year-round residents and essential workers on the North Fork, or the public demand for regulation of short-term 5 vacation-type rentals, there is no public outcry or demand within the community for superyacht storage. b. There is very little public benefit to the proposed action. A meager amount of sales tax is proposed to be collected from yacht storage and services (just $1,726 per superyacht per year)', and little from increased property taxes (approx. $30,000 increase in the first three years, from $59,000) or payroll taxes. On the other hand, there would be a huge public detriment in terms of the damage to the natural environment and community character. c. From a societal perspective, Southold Town will not benefit from this yacht storage. Rather, the owners of superyachts from Westchester, Connecticut, or elsewhere out-of-of state would benefit, since they would not have to bring their yachts down to Florida or the Caribbean for the winter.3 New yachts over 100-feet long have an average price of$1 million per 3.3 feet in length. In other words, a 100-foot yacht will, on average, cost more than $30 million', so the market is limited to the very wealthy. Yachts in the 40-to-70-foot class cost up to $10 million,s and at 90 feet is in the $15 million range.6 d. Southold Town residents will not benefit from this project,but rather the opposite. A recent survey of over 1,000 respondents from a coalition of five of the North Fork civic associations indicates that over 90%of the respondents chose their top 1 See the Draft Environmental Impact Statement dated November 2021 and updated December 2022, ("DEIS"), page 15,which computed as$151,800 in annual sales tax collections for 88 yachts. In other words a $20,000 fee per yacht per year for service and storage x 8.63%sales tax. z DEIS, page 15. There is a 50%abatement in property tax for the first three years. s DEIS, page ii. a Assetsamerica.com Ih.[ kis.:.��a.:sse.t annerica_. rm lh rrv.::i u_us:[:::does.-it-cos:r:::t:r�.:::b su er ache: ft: :text Avera e/�20Oo�t%20ol`%20Yac 85%v20fcct%20are%20Vess°�20ex ensivo I..........Y.................. ..............................................................8..............................................................................................................r............................................................................................................................................K............................ 51?:r:rl2s./ vuwr.:.8a_D .tiya_chsc uta. .Y_c_br.!_ng::_stirs/hvr.::! ?_uc_I�:::dns.- .:srmV.i.::.Yc_ht.: p.s. See also,for example Ih_ttns.;/ wrw godnnrnsoxe_ a.irm./ave_ra.ge..:_yaclht prp_cs./.. e hP.sww:boatsafe.cal �hnw-rvuch::1s:a::._ . . m :. .i .:_:: .. yache °":text=Avera e%2080/2Of=oot%2OYacht%201fIrices%2.Owitlh%2.OExam les text::::You%2.Owilll%20h.kel %2.Oh ....................I..............................................................g..........................................................................................................................................................................................................................................p....................................................................................................................................................... ave%20ca_biln_sR.i_n% 02021.120was°��20%24.3%2eJ.lrm.ii�li'ion. 6 priorities for Town government as being preservation of natural habitats, rural character, farms, and open space. "Respondents value the areas'natural beauty and rural character and the quality of life theyoffer. They are most concerned about the impact of overdevelopment on the quality of life and well-loved character of Southold Town."7 e. A petition against this proposal, sponsored by the Save Mattituck Inlet.com group, has gathered more than 3,400 signatures.8 f. The coastal oak-beech forest proposed to be destroyed is categorized as "rare"by the New York State Department of Environmental Conservation (DEC).' The proposal would eliminate about 5 acres of this forest outright and degrade the entire remaining 8+ acres through collateral impacts of forest edge effects and fragmentation. g. The trees proposed to be eliminated include white oak trees and American beech trees, which have a life expectancy of 600 years and 400 years,respectively. These trees will outlive us, or already have outlived us,by centuries. The Town of Southold should not deprive future generations of the Southold community - our children, grandchildren, and great-grandchildren- of the benefits of these rare New York forests,but rather should seek to preserve them. h. From an economic perspective, oak trees valuable in terms of producing oxygen, pulling carbon monoxide out of the air, and acting as carbon sinks, storing, and North Fork Civics of Southold Ihtt nn.town-wide curve oF. r'iorities and-concerns of southold town residents ......................... a Ihtt s.l�.s v .t�.C urgl�t c�rra./.. 9 New York Department of Environmental Conservation,Appendix D of the 2020 New York State Forest Action Plan: New York's Forest and Woodland Community Types hti1 ..://w r .:_ .:_n.Y:.gcr�rld s/IIS_n_ s....:fc?res.s......pf l/m.Ys: .p :.Ia [ See also Ihtt s: www.dec.n ov hands FOg29.hrtrnl#°—:text:::::'Ifhe%20State%201=orest%20Action%20PIlan%20%28Pllain%29%2 p.......��.................................................Y...g...........1......................1................................................................................................................................................................................................................................................................................................................................................................... Oiis%20a artiner%20resources%20in%2Qrn.a or%20rnana gernenrt%o20and%2.011andsca g.1 ? y riiorities for a ...................................R.k°...............................................................................................................................................A....................................................Y..u.................................................................................................................C::........................k°................................. description of New York State's 10-Year strategic action plan for forests,and links to the full report and other Appendices. 7 sequestering carbon emissions from our vehicles, providing fresh water, and other benefits. i. An oak tree of 10-18 inches diameter or roughly 35 to 59 inches of circumference is estimated to produce two tons of oxygen, store 0.7 tons of carbon, and produce 119 gallons of water per year.10 Multiplied by 634 trees, this would result in 1,222 tons of oxygen, 458 tons of carbon, and 75,368 gallons of water produced per year. Multiplying it over the lifespan of the trees, which could be hundreds of years, the positive benefits are enormous. j. According to the American Forestry Association, a single tree provides $75 worth of erosion control, $75 worth of wildlife shelter, $50 of air pollution reduction, and$75 worth of air conditioning per year.I I k. Data shows that protecting bird and other wildlife habitats increases the desirability of a community, increasing real estate values for the entire community. Habitat that is good for birds is also good habitat for people. 2. Evaluation of the potential significant adverse environmental impacts at a level of detail that reflects the severity of the impacts and the reasonable likelihood of their occurrence. IMPACTS ON THE LAND AND SOIL a. The project would remove over 181,000 tons of sand and soil from an area of about 5 acres wide and up to 60 feet tall, thereby removing a bluff and surrounding land that provides protection to inland areas from storms and sea level rise. io 8 Billion Trees.com See h:ttps. billion trees. .- - . .i ., . 11 Utah State University Forestry Extension h.t .C:�s..� Lension._uSU.esu./f .fires.try :tr s.-c.itiies-towns /uairl arro- ....................................................... ;F red try/tnr1;-ir.tl. 8 b. The project would remove 634 mature trees (over six inches diameter) and an unknown number of immature trees and other vegetation, the roots of which are currently holding down the soil and providing a buffer against stories and sea level rise. c. This soil and sand are not merely lifeless material to be carted away by thousands of 22- wheeler truck trips. The soil is actually a"wood wide web" of millions of species of fungi and bacteria that live symbiotically with the tree roots, swapping nutrients (carbon, phosphorus, nitrogen, water, and allelochemicals) between the soil and roots, forming a vast, interconnected web of organisms throughout the woods.12 "Imagine the fungi themselves as forming a massive underground tree, or as a cobweb of fine filaments, acting as a sort of prosthesis to the trees, a further root system, extending outwards into the soil, acquiring nutrients and floating them back to the plants, as the plants fix carbon in their leaves and send sugar to their roots, and out into the fungi."13 d. Scientists even posit that the trees "communicate"with each other through these underground fungal networks.14 IMPACTS ON THE COASTLINE OR WATER a. The parcel contains Department of Environmental Protection(DEC)regulated wetlands. Although the proposed project is an estimated 200' feet away from the wetlands and therefore not subject to direct regulation by the DEC and Southold Town Code §275-12 regarding activities within 100 feet of a wetland, the enormity of this excavation project will likely cause negative impacts to the wetlands when rain, wind, or storms wash the loosened and excavated soil and sand downslope into the wetlands. b. As a community, we should be protecting our wetlands. According to the U.S. government, wetlands provide habitat for thousands of species of aquatic and terrestrial 12 htt s: www.science,or content articVe wood..wide..web-un der.round..network.microlhes-connects-trees ?....... ...................................................................g�................................. ........................../.................................................................................................g................................................................................................................................................................................ ma.p.pd.:::F%U.s.r- i ru 13 The New Yorker magazine quoting author Merlin Sheldrake, mycorrhizal fungi expert Ihtt s:. www.new orlker.com gd aininals of technolo the-secrets-of the wood wiide welt p.......��............................................y............................................./.................. ................................................................................g Y/....................................................................................................................................................... 14 htt s www.n tiimes,com 702 1.1. 07 sciience trees foie i talk'un .html 9 plants and animals. Wetlands are valuable for flood protection, water quality improvement, shoreline erosion control, natural products, recreation, and aesthetics.15 c. Wetlands are among the most productive habitats on earth providing shelter and nursery areas for commercially and recreationally important animals like fish and shellfish, as well as wintering grounds for migrating birds. Coastal marshes are particularly valuable for preventing loss of life and property by moderating extreme floods and buffering the land from storms; they also form natural reservoirs and help maintain desirable water quality.16 d. The project would expose about five acres currently at high elevations and at low risk of flood damage, to the same elevation and flood risk as the existing SYC boat storage structures. The existing storage structures are in the Federal Emergency Management Agency(FEMA) zone A, Special Flood Hazard Area.'7 e. The FEMA High Risk Zone includes both Zone V and Zone A are in the FEMA High Risk Zone." FEMA defines High-Risk Coastal Areas-Zone V as "Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. These areas have a 26% chance of flooding over the life of a 30-year mortgage. No base flood elevations are shown within these zones."FEMA defines High-Risk Coastal Areas- Zone A as "Areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30-year mortgage. Because detailed analyses are not performed for such areas; no depths or base flood elevations are shown within these zones." The difference is that V stands for"velocity" and there is risk of damage from wave velocity in addition to flooding. is United States Geological Survey hLlps.Dwww.uses.gov fa_q.../.�nr.h�.y.:are-wetiands..- iim� ortanrt#..text=wetllan�ds%20 rovude%�.Gnlhabitat%2.G1�or�o2G1tlhousands redacts°f 2.Uf�20recreatiion%��%2.t}and ........... %20aesthetics. ............................................................. 16 United States Geological Survey 12t..ps. wwusgs. re.-4nrtl _nds:.. importantft.—:text=We tland s/�2Q rovude/a7G}Ihabitat%?¢n�orl�2dthousands roduacts%7�1�2Clrecreatuon/�2C/�2t7and ............................................................................................................................p.........................................................................................................................................................................,..I..................................................................................................................................................................... %2t}aesthetics. ............................................................. 17 FEMA website h: ps.Www .Je a. ov/gl_�ssa.iry��a.ine, la FEMA website h: ps. lwww.,_frrp. .,:fav/gl_ s.a.U.y/..fVd..::xps 10 f. FEMA Zone AE, which includes the SYC property, is defined as "The base floodplain where base flood elevations are provided." The existing SYC storage buildings and other buildings are indicated on the FEMA flood maps to have a base elevation of 8 feet.19 g. Excavating the bluff to 8-9 feet above sea level, the same height as the existing structure area, would result in a much greater land area to be in the FEMA high risk flooding zone than currently. As a community, we should be prohibiting development on high-risk flooding areas, not creating new additional high-risk flooding areas. DIRECT IMPACTS ON A RARE NEW YORK COASTAL OAK-BEECH FOREST a. A short- and long-term effect of the proposal is the complete destruction of almost 5 acres of pristine coastal oak-beech forest, and collateral damage to an additional 9 acres of coastal oak-beech forest. b. The DEIS and the Ecological Conditions and Impact Analysis ("ECIA") in multiple places describe the area to be excavated as "Coastal Oak-Beech Forest". On page 120, the DEIS describes it as a "high-quality": "The high-quality Coastal Oak-Beech Forest on the site consist of abundant large trees (ranging between 6 and 39 inches in diameter). "20 c. The DEIS at page 120 quotes Edinger et al(2014)21 and states that this "ecological community has a rarity ranking of G4 and S3 indicating that this community type is considered "apparently secure"globally and "vulnerable" in New York State, i.e., vulnerable to disappearing from New York(but not currently imperiled) due to rarity or other factors." 19 See FEMA maps at Ih.Ltps... /m,sp::Ferrr ...g¢2v/ ¢ Utl/D:r_2 20 DEIS at page 120. 21 See G. Edinger et al, Ecological Communities of New York State,at 11 d. This statement is misleading; implies that the coastal oak-beech forest is not rare. Coastal or maritime oak-beech forest has a ranking of S3 and is considered"rare" in New York as currently defined by the DEC.aa e. The 2020 version of the DEC's 2020 Forest Action Plan lists the S-1, S-2, and S-3 categories as "rare". "Forests ranked SI through S3 are considered rare in New York, with those ranked SI being the rarest and/or the most vulnerable to various stressors." f. S3 is the criteria used for Natural Heritage Programs in the United States and Canada. According to the DEC's Forest Action plan, maritime beech forests are ranked S 1, maritime oak forests are ranked S2/ S3, and coastal oak-beech forests are ranked S-3. Forests ranked S1 through S3 are all considered"rare"in New York, with those ranked S 1 being the rarest. S 1 is described as "critically imperiled"because of extreme rarity. S2 is described as "imperiled" globally or in the state due to very restricted range, very few populations, steep declines, or other factors making it very vulnerable to global extinction or extirpation in the state. S3 is described as "vulnerable" globally or in the state due to a restricted range, relatively few populations (80 or fewer),recent and widespread declines, or other factors making it vulnerable to extirpation. (Extirpation means extinction in a specific area—so for example a species might be extirpated in the United States but exist elsewhere in the world or in a non-wild state like in zoos.) The difference between a maritime oak or beech forest and a coastal oak-beech forest is that maritime oak or beech forests may be subject to salt spray. "Maritime beech forests occur on north-facing exposed bluffs and the back portions of rolling dunes in well-drained fine sands, whereas coastal oak-beech forests occur on loamy sands of morainal coves. These communities may grade into one another. ,23 22 New York Department of Environmental Conservation, 2020 New York State Forest Action Plan,Appendix D: New York's Forest and Woodland Community Types Ih:ip..�.://W deuay....ggy./db /an_ds :Lpss. P.d!/!2Ys:Iqp�..d1 23.http.:�_ u.ides.,in_yinlh.p.::oir forest (f:-:text=Mairitiume%20beech%20Forests%20occui.r%20on may. 2.Q rade%20into%20one%20 ...�..............................................................................................................................................................................................................................................x..............Y................... ........................................................................................................... 12 g. The 49 types of forests in New York are identified by the New York Natural Heritage Program. The maritime forests of coastal Long Island are described as among the "state- rare" communities.24 h. These rare oak-beech forests, located on north-facing bluffs, are remnants of the glaciers retreat 18,000 years ago. These untouched forests are part of our collective history, and all efforts should be made to retain them. INDIRECT IMPACTS ON RARE NEW YORK FOREST VIA FOREST EDGE EFFECT a. According to the DEIS, all (100%) of the remaining 8 to 9 acres of the coastal oak-beech forest left standing on the SYC parcel would be degraded through"forest edge effects". b. The 5 acres of prime coastal oak-beech forest proposed to be removed are in the very heart of the 14-acre section of the oak-beech forest, not at the edge. Removal of this centrally located portion of forest will cause 100% of the remaining ring of coastal oak- beech forest to be within 195' of a forest edge. c. According to the DEIS, forest edge effect occurs within the first 195 feet of the forest's edge, which receives more sunlight and wind than the deep inner forest. It is therefore more prone to dehydration, is very likely to be overcome by non-native invasive species of plants and vines which outcompete the native plants and trees. d. At pages 23 and 24, the SYC Ecological Conditions and Impact Analysis states: "Forest edges exhibit differences in microclimate,plant composition,plant density, and habitat quality compared to forest interiors. Accordingly,forest edges are often utilized by different wildlife and plant species compared to forest interiors. Edge habitats in forests have higher ambient light levels, air and soil temperatures, and wind speed; and lower relative humidity and soil moisture than forest interiors. za See page 46 of the 2020 New York Forest Action Plan,.fine.:./// /Uselrs l[31.II.. Q3F.[/O �eDir ve%20-, %201 P C1es1<to Nortlh%20For1�6�20Au�.dual�on%20So.c e� Ae uocac Strom sf201Vlarune I F %201rorests�o20n sF ..............................p./....................................................................................................................................................................Y./......................................Y/.........................g....................................................... ....... ...................................................................................Y........ ap:.pd: 13 Studies have found that the changes in microclimate in forests (i.e., ambient light, air and soil temperatures, wind speed, relative humidity, etc.) occur up to 195' from the north- and east facing forest edges. These changes associated with forest edges,particularly increased light levels,foster proliferation of invasive plant species and changes to the observed plant community due to differences in plant recruitment and survivorship. Other changes to forest processes that may occur at forest edges include increased tree growth rates and leaf litter production due to higher light levels, increased summer heat and drought stress to trees and vegetation due to higher temperatures; and decreased litter decomposition due to decreased soil moisture. " e. Certain species are adapted to living at forest edges, the classic example of which is the white-tailed deer in North America.'s Forest edges overtaken by edge-dwelling white- tailed deer lead to even further destruction of the native plant population, because the deer prefer to eat the native plant species. Southold already has a major deer overpopulation problem (and tick problem) with the nation's highest per capital deer population, an estimated six to ten times as many deer as the local ecosystem can sustain,' and so measures should be taken to reduce the deer population, not increase it. f. After the growing deer populations eat much of whatever native plant species are left, there is more room for invasive plants and trees to grow, reducing the number of native insects and caterpillars, which reduce the number of native bird populations requiring caterpillars to eat, and so on, in a downward spiral. g. If that is not bad enough, according to the DEIS the "edge effect"results in an increase in invasive bird species such as European starlings, house sparrows and brown-headed cowbirds. A rise in European starlings can result in a reduction in native bird species for zs Wikipedia,Woodland Edge. z6 See Suffolk Times article,April 29, 2022 li7tt s: urldefense.com u3 Ihtt s: sufFolktiimes.tiimesreviiew com 2022. 04 town aind state- Ilam-°oiinrt- ro rains p.......��................................................................../........../........................12......../../.................................................................................................................................�...................../........../........................................................................p.................1.....................4..........g.................... t .- d_c�.r ss.:-Qv rP..oP�u.l_..J.on..-af:::dear.-:tilniks::: ln.:::n rtb.::: Fork �!07V3aRRsNlkZ.L. J XU 54�Ntil[ 03111 If 631E3ve ItxROd utCaut r�101'1'C)2II..in � 3btC1 Icu ISP2SIkI..RC�JVEII..C) ..........x...........................................................................................1�........................................_ ....................... ........`d.....................................................g..................................................................................... .....................X........... ..................................................................... x..:: _F l rn N..4 h_F�.D sC..3.2.kvq S KZ_IF 14 which they compete for nesting space—so can lead to a decline in native cavity-nesters such as woodpeckers and flycatchers.27 IMPACT ON ADJACENT TOWN PRESERVE FROM FOREST EDGE EFFECT MAY BE UNDERSTATED a. As described on page 26 of the ECIA, a section of the neighboring Southold Town Mill Road Preserve will also be impacted by"forest edge effect" due to removal of trees on the SYC parcel. At page 249, the DEIS states: "the existing forest edge of the Mill Road Preserve would be altered as a result of the proposed action. The ecological community composition of Mill Road Preserve is comparable to the proposed action. The proposed action would result in an intensification of use within the existing./brest edge as edge effects would be shifted to approximately 70 feet from the shared property boundary with the subject property in the northeast corner of Mill Road Preserve. The effects of the edge would extend approximately 200 feet in to Mill Road Preserve. However, as indicated in the ecological assessment, the proposed action would not result in significant adverse impacts on the forest habitat quality for Mill Road Preserve." b. Southold Town has a duty to protect the Town Preserve from these negative impacts. The Mill Road Preserve was purchased using public funds. c. We agree with the detrimental impacts of"forest edge effect,"but question why the 195- foot line of demarcation is used as a hard and fast rule throughout the DEIS. The DEIS' assumption of 195 feet is apparently from the ECIS, which at page 23 states: "Studies have found that the changes in microclimate in forests (i.e., ambient light, air and soil temperatures, wind speed, relative humidity, etc.) occur up to 195' from the north- and east-facing forest edges. (Gehlhausen et al, 2000; Harper et al, 2005)." d. We are not experts in this area,but our brief perusal of the topic indicates that there are many, often conflicting, variables, and different types of edge effects; many factors need Z'See page 24 of the Ecological Conditions and Impact Analysis. 15 to be considered such as climate, geography, tree species, tree height, etc.; and the 195' distance may be understated. e. The microclimate of a forest is just one criterion. A U.S. Department of Agriculture report" that cites both Gehlhausen and Harper says that for microclimate impacts, edge effects were measured from 40' minimum to 775' maximum. Bird response was impacted by forest edge effect from 150' to 1,000'. Mammal response was observed from about 110' to 300'. Invasive plant response was observed from about 20' to 300'. Nowhere is 195' mentioned as a rule of thumb. Open Corridor in Woodland nd N' ii roclimat w 775 ft Bird Response � �p � 1000 ft l arrninarl Response Invasive Plaint Oft 75ft 150 ft 300 ft Distance of Edge Effect Observed £ According to one researcher, while the extent of edge effects on abiotic (non-living) conditions such as temperature, humidity, wind, light, etc. might only reach up to 25 —50 meters into the forest, forest-dependent species can be affected at much greater distances. For instance, mammals can be negatively affected up to 400 meters into the forest, while the effect on beetles can reach up to 1 km, demonstrating that edge effects could drastically reduce the amount of suitable habitat for forest-dependent species.29 g. The variability in edge effect distances is also illustrated by 20 to 30 year studies in the Amazon forest - admittedly a very different climate, however, the forest longest and most intensively studied. The 22-year investigation by Willian Laurance et a130 found the edge za.hap�_:ll�ww Vis.Asda..gaavl��c��u�.Ffers/�a�s/?:/..�:.:_�:�r�fo.�df, zs rytt __:..._vu rtuim._ in cIl s/s4].59g.020.15010.�. ...... /I._.......................................................... /:_.__............................................................................................................ 30 Ecosystem Decay of Amazonian Forest Fragments:a 22-Year Investigation,2002 Ihtt s: wwvv.ro alsoc'oet Id.or vu -content a loads 2022 02 Amazonia BDFFP.REV.eco.s stem deca . dF .......��................................... .................................u. .................... /........I ....................................1......p......................./......................./.........../.......................................................................................................................v............................................._ ... ......... 16 penetration distance to vary widely depending on the type of disturbance. For example, density of fungal fruiting bodies was negatively impacted only to about 10 meters (39 feet), whereas increased wind disturbance reached up to 400 meters (over 1,200 feet). Reduced understory bird abundance was evident at 50 meters (160 feet). At 100 meters (over 300'), observers found reduced canopy height, lower relative humidity, faster recruitment of disturbance-adapted trees, altered height of greatest foliage density, and altered abundance and diversity of leaf-litter invertebrates. Elevated tree mortality was observed at over 300 meters (1,000 feet), and so on. This is just to illustrate the variability of potential forest edge effects, and the potential for a much greater impact on the neighboring Mill Road Preserve than just the 195' - 200' described in the DEIS. irncmeased wind disturbance(1) elevated tree mortality ty(2) lnvasnsrn of dlistuurbanca-adaptod butstadlles(3) af,,u,d spp,c mposat:Ien rad teat•tdtter ants(d) invasteun at'dVsturrdoanc"dalpted beelles( ) I� MINMIIIIMIINIIIIIIIIIIIIIIIIIIII MIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIII aft ed spp.cornposgpqn of ural- or invertebrates ( ) - alterad abuundance&dilyernuity of foaf dhdtar Ynlramtabmatas altered freight of greatest frotuage density('7) lower,relative hnurrutday(3) faster revuArnant dt disturbance-adapted trees(14) reduced canopy heigh1( ) reduced sod moisture(7) lower canopy-foliage density(10) increased 130 in unders4ory leaves(111) Eincreased air'tomperarturer 112) Mere:ased temperature&vapor pressure deyflicrt(13) reduced understory-bird abaundarn m(3) Wevated Wertal)(14) increased photosyrdhetilcally auctWo radWion in undarstory(12) l� to worrelative humidity(12') V nncuewasod nnurnbenm cat treated gaps(1f 1) unicreasodl 13 in eunderstory aur(1'1) higher undorstofy4otlago donsdy(101, inereaused seedling grtwurth(13) invasion of disturrbance-adapted'plants(3) tovoor leaf rmetattv�ar centenrcrta(12) lon+wor soilmmnnotsture Acedoto(12) higher vaupabr pressaura deficit(12) higher teat conductance(12) increased phosphorus content of,failing leaves(14) anvasion of diisturtaance-odapted plants(14) increased recruitment of Ceercoa app.(1',3) reduced densfy of Hinged fruit ling bod"r (t ) _.._r•__ .._ 0 100 200 300 400 500 Edge penetration distance (m) See also Laurance, 32-year study at Ih: ./ rli:cll_es 2.1.:...._I:::aarain_ce...._eta1....._201.1...._BDF[:P...._32.y..._ra�vi_ew::.f?dl 17 h. Similarly, Eben N. Broadbent's31 studies in the Amazon show a large range of forest edge effects including elevated pig abundance (equivalent to deer on L.L?) and weed invasion at 2,000 meters,plant/animal species loss at 1,000 meters, higher bird nest predation at 500 meters, and changes to the butterfly community at 250 meters, with many other types of impacts measured at less than 100 meters, such as shorter tree height and greater tree mortality. Again, this is just to illustrate the different distances at which the forest edge effect may have an impact, not merely 195' across the board. Insect biomass in overstory decreased Insect biomass in understory ince rased D 10 Distance from edge effects ant species cormmp(niticn Exotic plant invasions 8 ec�ies richness hider 0 Gress and rnarnma sresent Plantspecmes composition c on ed Relative cover of exotic plants chaned from rro Seed dispersal andlor invasion frotrix hi er � Edge penetration in('closed),edge -t0 eter 140 it o 'y clfrn r comm p6 ition ihangesi/ M beetle species composition changes �� Introduced plant species present i $pecies composition loweir Hl' her,avian meet parasitism 0 Forest ulterior birds absent „ 6 Ede penetration in new(open)edge ird edge species at peak density '` Treeishrub composition changes nvironmmmentel hetero eneit ilii older ed es increased � 20 Bial species crrrnpersi ion impacted Detectable impacts,on racist plmmntlmanimmmsl species Different ant cornmiunm cnlw �pesi on Inv sicwn of disturbmmncmt 7epted beetles Invasion of dist rbance-ade pted butterdflies 10 Inhibited geese habitat Utilization Nest predation hi heir ,,© ,,,, plenVanirnel species ass ra Elevated pig abundance/weed invasion �, „ ,�,�,, , 0 0 600 1000 11600 2000 2500 Distance to forest epi"lge (relili 31 Forest fragmentation and edge effects from deforestation and selective logging in the Brazilian Amazon 18 Foliage density hih Planta,smal er Forest wa ompositioniatrur tuare impp�a tedi + antu y over de rea^eed amage M�igher Sapling demi can n rth a in 1 e gee increased � o �orest less+ ani ull canopy height + anopypr area inr:reaaed after 3,5 yrs Vegetation tragal area changed Free stern density hiigtuer Plant regeneration higher 40 Greatest differences among veg�etatwon types Composition f tree$lar r or than 0,(thicTS iess � d iEwes a�r er densityTree stem low � 0 he urnces gerMnor ('initial) Tree so area smaller Plantfaeedllingro th higher d,Variation in relative tree rowl rates hiigher � 0 �� Height of greatest foliage density lower P Tree re+ ruriitnwni rates increased Lianas increased Tree height shorter Tree basals area larger % Ifl "gree DBH larger Biomass of lairhr s de asedi /i More sapiings/sller trees Pliant phenology changed) ; , , b Distance from edge affects,litter,depth Dead tree densit eincreased y l�itterfall increased mortalshigher o Phosphorusconncentrataon in litterta�higherf/G ILirfall in fitter ncs changed tst dry arenae� r ,�% 40 leaf-sheddt mortality ler lJ increasedg Fire suceptiblifity g ht �� 'fie etatior mortal) hii Iger Mean tree damage and turnover moderately higher %� b Turnover mates increased e� Tree rnnr#ali in lar a tree'increased 9ga� r tree arage increased ��� 0 LDas+ef akrva irrrrd bimrma�ss . �oss�liwng hionnass ��."� Dispr pr rticrnatel higher l urrning Detectable changes in m�rtali�rftw�rnover rates �� "Ig carMzMM Ne romass tu»rrntrvem'increased Increased necrornasstw oodyr debris 0 0 200 410 600 8,010 1000 11200 INDIRECT IMPACTS ON REMAINING RARE NEW YORK FOREST VIA FRAGMENTATION a. As described in the DEIS, the proposal will result in fragmentation of the coastal oak- beech forest, designated by NY State as "rare", into separate sections. The complete elimination of the central portion of the mature coastal oak-beech forest will separate the remaining portions of the forest from each other, leading to "fragmentation" of the forest. 19 b. As habitats become more fragmented, the remaining habitat patches (core areas) can become too small to support species that need a large area to survive. So, while some suitable habitat may remain, it might not be big enough to support all the species characteristic of that habitat type. Greater fragmentation increases the distance between habitat patches, making it harder for individuals to move from one patch to another. Potential movement routes can also be fragmented— e.g., by a road that cuts through a strip of woodland. This leaves the remaining population in each habitat patch very isolated, which also leads to inbreeding and loss of genetic diversity. Populations thus become more vulnerable and can be more easily lost if a catastrophic event arises. Fragmentation also prevents individuals of the same species migrating from other patches to replace the lost population.32 c. Fragmentation of a forest can occur even when a single road is cut through a forest, splitting it into two sections that insects and animals cannot easily cross. The fragmentation proposed here is the construction of a Walmart-sized33 pair of buildings along with parking, impermeable surfaces, etc. amid the coastal oak-beech forest, not only removing five acres of habitat outright but making life harder in the remaining acres. d. To an ant or mouse or earthworm or vole, crossing an expanse of a few acres of concrete and steel to get to another forested area would be like a human being trying to cross the Sahara Desert. Heat, hunger, thirst, or dehydration would likely kill the traveler before it could snake it to the safe habitat on the other side. e. Limited to smaller, separated habitats, the quality of life in the fragmented portions would be severely diminished even though the actual habitat of those surrounding areas sz NatureScot,Scotland's Nature Agency Ih.1.tps. ww.nat u.re.scot/ rafi sJonal.:::2_dyu e la_n_d.-a_nd.:::sea.-, ia_5 g rnerul:/ _a_!aagurtig.-la_rad./h Ib.ota_t..:_networks/habita_t.. Cra mentation# text As%20habitats`20become%20rnoire%20fra men!ed characteiristic%20of%20that%20habit 8...........................................................................................................................................................................................................................................................................g................................................................................................................................................................................................. �.r/?Q:t.Y..l.g.- a3 The Walmart on the western end of Route 58 in Riverhead is 169,000 square feet, compared to the 101,000 square foot SYC proposal. The old empty former Walmart on the eastern end of Route 58 in Riverhead is about 47,000 square feet,smaller than the smaller of the two proposed SYC buildings. Lidl Supermarket(former Toys'R'Us) is about 35,000 square feet. 20 was not physically impacted. Eventually the populations in for the "forest edge" section and the fragmented sections will dwindle. THE IMPORTANCE OF FORESTS COMPARED TO INDIVIDUAL TREES a. Trees alone do not a forest make. Not just 634 individual trees, these trees constitute a pristine natural oak-beech forest ecosystem, where the total is more than the sum of its parts. b. A functioning forest is quite different from a bunch of trees planted close together, or a tree farm. A forest is defined as "a complex ecological system in which trees are the dominant life-form. A forest is nature's most efficient ecosystem, with a high rate of photosynthesis affecting both plant and animal systems in a series of complex organic relationships." 34 e. Suzanne Simard, Professor of Forest Ecology at the University of British Colombia, says: "Trees are not simply the source of timber or pulp, but are a complex, interdependent circle of life. Forests are social, cooperative creatures connected through underground networks by which trees communicate their vitality and vulnerabilities with communal lives not that different from our own. Trees, living side by side for hundreds of years, perceive one another, learn, and adapt their behaviors. They recognize neighbors and remember the past; they elicit warnings and mount defenses, compete and cooperate with one another with sophistication, characteristics ascribed to human intelligence, traits that are the essence of civil societies. At the center of it all are the Mother Trees: the mysterious, powerful forces that connect and sustain the others that surround them. 35 £ Another tree expert, Peter Wohlleben, writes: "Much like human families, tree parents live together with their children, communicate with them, and support them as they grow, sharing nutrients with those who are sick or struggling and creating an ecosystem that mitigates the impact of extremes of heat and cold for the whole group. As a result of such interactions, trees in a family or community are protected and can live to be very old. In 34 Brlttanica.corn hens. ui/\(tW briilanirniica..CC'�rYli./sCi n efores:t as h.taps. su zarnin_esiirn_ard_:crrirn fin in ,::the.:::rnoL1hnr:Aree.::. ..... I nr l oi_n vorrr crop .682 3.44!1 640366o114230961031_2.50. 21 contrast, solitary ioreS, like street kids, have u tough time of it and inmost cases die much earlier than those inogznup.`as C. Forests are vital Wlife OoEarth. They purify the air we breathe, filter the water we drink prevent erosion, and act as an important buffer against climate change.37 d. Forests provide habitat for onarray ofspecies. They capture carbon, produce oxygen, supply wood, and nourish connznxni{ica. They're robust, functional entities. In contrast, tree farms provide trees and carbon sequestration, but not in comparable ways.sx u. Forests help protect against climate change. Forests help to slow the rate ofclimate change by removing carbon dioxide from the atmosphere and storing it. This is odircot effect, oothe primary driver ofclimate change iathe over-abundance ofcarbon dioxide iu the atmosphere.sv f. Forests also provide indirect effects which lessen the impacts of climate change on society, such as (1) absorbing rainwater and slowing its aboveground movement, which is crucial topreserving soil integrity, protecting water quality, and reducing flood intensity, (2) regulating temperature, decreasing the amount ofenergy required and carbon emitted to cool indoor spaces, (3) removing both airborne and waterborne pollutants that are associated with o|inoatc change, (4) adding oxygen to the air, and (5) slowing From adescription ofPeter VVoh||ebeno' bestselling book,The Hidden Life of Trees:What They Feel, How They Communicate: Discoveries from a Secret World, published September 13' Z0l6' byGreystone Books zr VVor|dvvi|d|ife.org. ^u VVor|dvxi|d|ife.org. �sConnecticut Department ofEnvironmental Conservation 22 bioaccumulation of pollutants (which occurs when contaminated organisms are consumed by other organisms higher up the food chain).40 THE PARTICULAR IMPORTANCE OF OAK TREES COMPARED TO OTHER TREES a. The oak tree was named the National Tree of the United States in 2014. "The oak tree will now be as much a symbol of America as Thanksgiving Day, Old Glory, the Star- Spangled Banner, and the bald eagle. ...It is a fine choice to represent our nation's strength, as it grows from just an acorn into a powerful entity whose many branches continue to strengthen and reach skyward with every passing year.i41 b. Roughly two-thirds of the 634 trees proposed to be eliminated are oak trees —"keystone" trees which form the stable base of complex,highly connected food webs. These vital species are called"keystone"native plants because, like the keystones that supported ancient Roman arches, the ecosystems they inhabit would collapse without them. c. According to Dr. Doug Tallamy, Ph.D. entomologist at the University of Maryland and author of many books, our native Long Island insects evolved over thousands of years with our native plants. Most insect larvae (caterpillars) are very specific about which plant species they will feed on. Many people know the story of the monarch butterfly caterpillar's dependence on milkweed plants, as an example. But the same is true for many other insects and larval caterpillars. 97% of all birds (excepting waterbirds) rear their young exclusively on soft caterpillars, since baby birds are unable to digest seeds, berries, or full-grown insects like adult birds can. So, with no native plants, there are no insect larvae caterpillars, birds cannot raise their young. No caterpillars, no songbirds. d. A keystone species is one on which many other species depend and that, if removed, would drastically change the environment. According to Dr. Tallamy,just 5% of our native plant genera are the powerhouses that host roughly 75% of our caterpillar species, 40 Connecticut Department of Environmental Conservation h.tteas.:.CCprll.,: t„ ul1IE;_P/ arslry/ I.iimt .-. Ih r7. /...k::lp .-lf::err sls.- 1_Ffset..- Jmat..e CIhain .::aind.::ll_ts..:: Iry actsff text forests%20helyyyy°f�2Dto%>?tlslow% GJtMe carbon/ Odioxide%2tliin°f>2Cn�lhe%20atmos�rylhere. ...........W........................................................................................................................C..................................................................................................R......................................................................................................................................................................................W....................... 41 Arbor Day Foundation, Ih. r s..0/w nrvyr.:__rb2rd . .or,CmediaC ressr sCpressrelease.,cllrm?iid_-9_a., 23 which sustain our native bird populations. A study published in 2020 showed that 90 percent of the nation's caterpillars rely on just 14% of native plant species for food.42 e. In the eastern temperate forest region43, native Oaks (Quercus) are the number one tree on the list of trees that supports the greatest diversity and number of Lepidoptera (butterflies and moths), which in turn feed the birds and other wildlife.44 f. Oaks (Quercus) support up to 950 species of butterflies and moths (and their caterpillars).45 g. Plants capture energy from the sun and turn it into food, but that food is locked up in the leaves unless something eats those leaves and passes it on to animals. Most vertebrates don't eat leaves; they eat something that ate plants,primarily insects, and more specifically caterpillars, which are passing on that energy. No other plant genus supports the food web the way Quercus, or oaks, do. h. Oaks are also called `mast trees' which means they forms acorns or other nuts, and these further sustain insects, birds,rodents, and larger mammals as an essential food. Oak flowers sustain pollinator insects such as native bees, moths, and butterflies; oak leaves are also eaten. These insects, and the bats,birds,rodents, squirrels, and other mammals that feed on the insects and the oak products are in turn food sources for predator animals such as foxes, raccoons, owls,hawks, etc., truly creating an integrated food web. a2 National Wildlife Federation Ihl. s: ww�v.nwf.or Garden-For-WiildlliFe About Native-Plants Iko stone- tants- ............. U2y-ecore�ion� a3 One of the ten Ecological Regions of North America, as published by the Commission for Environmental Coo pe ratio n,.h.tts: �nrvuvr.n�nrF.or Gardein For Willdliife About Natii�re-Plaints ke _sto.!2.e:plants-by.:: region as Garden for Wildlife, National Wildlife Federation, list of Keystone Plants in Eastern Temperate Forests— Ecore ion 8 htt s: wvuvu.nvuF.or med'ua I[�ocuments PfF.s Garden for WildViGe Ke .stone IPQaruts NWF-GFVt/ g ............p.......��.....................................................8/...../.........................../................................................../......................./...................................................................................../.............Y..................................................... ................................................ Ike.Y:torue:::pl t.::erpregi n.-8.-easternra_te.: Forests.ashx?Ia.::::en ha�h.:::�.E18C1E2ES6 21�aFEB.2.&D6 288823a3B..3F.0 .B.3.32.47.D. ....................................................................................................................................................................................................................................................................................................................................... 45 International Oak Society h.ttps.:. r .:irr,erns.tir o .l_p lkscciie.ty....pr€/pc�r7ter7t/calks.:Ikey.sua_sta.i.inablle.:..l_andsea.piir7g See also National Wildlife Federation IML s� w nw .. rg/llame/IM . aine /NationalWiildllile/2t7-./ pilv ... May/ gn s e ry t.i_piry. Keys t rr -1.11 rr:ts 24 i. To maintain a breathable atmosphere, we must sequester carbon; that is, pull it out of the atmosphere and lock it up in plant tissues. More importantly, we need to lock it into the soil for the long term. Plants with the biggest root systems do that best, and the oaks have the biggest root systems, up to 90 feet long. j. Our native oaks have developed survival adaptations to the long, dry summers. Primary to this survival is the development and characteristics of its root system. When an acorn first sprouts, there is rapid root development and very little growth above ground. This initial root is a taproot extending deep underground for dependable moisture. The tree's first few years are focused on establishing a deep sustaining root system. Once this has happened, greater foliage and above ground growth takes place. As the oak grows, the tap root is outgrown by an extensive lateral root system that spreads horizontally out from the trunk to and well beyond the drip line, sometimes as much as 90 feet.46 In some case oak roots can extend to three times the size of the tree canopy.47 Most of the roots are within the upper three feet of soil.48 k. Oaks also help to manage our watersheds. Again, because of their large root systems, they hold water better than those with tiny root systems, such as lawns. And, when it rains hard, the huge canopy of an oak softens and filters the rain(25-100 gallons of water can cling to the leaves of a large oak tree) so it doesn't compact the soil. Compacted soil doesn't absorb water as well, creating runoff. An oak's root system absorbs much of the water. 1. In addition, oaks help to sustain a complex, diverse community of pollinators, primarily native bees. Because oaks are wind pollinated, it was thought that they didn't have much to offer in this regard. But recent research shows that when oak catkins are mature and ready to drop in early spring, bees gather the pollen and use it, even if they don't pollinate the female flowers of the oak. ae Town of Oakland, Florida Ih.[tp..: a_kV_p_ndfi...g y/ .?.j/ _o<.:::Free:::. Caret— text=As%20tlhe%20oalle%20 rows%2C%2C1the the%2tDrest%2CloF°62(lots%2C&IliFe. ......................................................................................................................................................kx.......................................................................R....................................................................................................................................... 47,h::.ps_;ff:treerrewa.11,_ce.im. lh_e.-hoot:::syste.im.:::cr:F::: alk.::trees::th_e.-essn.ti11..- uu.!_d / as California Department of Forestry and Fire Protection hit.l `.:.//ucaruU.edaa./s1es/gso iinfo/lues/a891._4.pdf 25 m. SYC's report, the Ecological Conditions & Impact Analysis dated October 2022 ("ECIA"), acknowledges the benefits provided by the oak-beech forest which would be lost if this project proceeds. At page 23, it states: "Ecosystem services provided by forests include providing habitat for birds and other wildlife; maintaining groundwater and surface water quality; soil and sediment stabilization; removal of air pollutants such as nitrogen and sulfur oxides, ozone, volatile organic compounds (VOCs), and particulates; atmospheric carbon uptake; and groundwater recharge. The loss of these S.0 acres of forest will result in a reduction of the ecological benefits and ecosystem services provided by these forests and contributes incrementally along with other forest losses in the Town and Mattituck Creek watershed to an overall loss of forest ecosystem services. " OAK TREES ON THE PROPOSED EXCAVATION SITE CAN LIVE UP TO 600 YEARS a. Oaks are among the longest-lived trees,meaning that their beneficial impacts (acting as keystone species in ecosystems, hosting hundreds of species of butterflies and moths and their caterpillars, sequestering carbon, producing oxygen, converting sunlight into food via photosynthesis, filtering airborne and waterborne contaminants,producing water, managing watersheds, sustaining pollinators, etc.) last a long time. They can outlive several generations of human beings. b. According to page 120 of the DEIS, the oak species found on the site are black oak (Quercus velutina), white oak(Q. alba), scarlet oak(Q. coccinea), and chestnut oak(Q. montana). The oaks are in the Beech family Fagaceae. c. White oaks can live up to 600 years. "While the white oak grows extremely slowly, individuals can live for five hundred to six hundred years (especially in deep, moist but well drained soils). Through their slow and steady growth and remarkable longevity, white oaks can come to dominate all the other tree species within a great variety of forest ecosystems."49 a9 Lake Forest University h. ps. VtWjalkefores�.ed_ua a d_ rn.i:es./rrn r.jo_rs.:::and.:::rrr.%ina irs.� rrvir r m e..n.. squad_ies( IeUcuas.-a.l_ a.-_� h.i_e oak..._Gaa�ee Ganlgl_yff te .. I ifel� 26 d. White Oak acorns are a preferred food source for many mammals and larger birds. The tree provides good cover for birds and mammals. Leaves persist longer than many deciduous trees,providing cover. The twigs are used as nesting materials by both birds and mammals. e. The chestnut oak typically lives between 300 to 400 years.so f. Black oak becomes physiologically mature at about 100 years of age, some individuals living 150 to 200 years.st g. Hundreds of butterflies, moth, and insect species feed on the black oak. Birds will relish all these insects. And larger birds will love the acorns, as will small animals like chipmunks and squirrels. h. The scarlet oak is fast-growing,52 but is short-lived for an oak, with a typical lifespan of about 80 years.53 i. Due to the centuries it would take to replace mature oak trees, they are literally irreplaceable. The Town should not approve of a plan to cut acres of this rare New York forest to be cut down. IMPACTS ON BEECH TREES a. According to page 120 of the DEIS, American beech(Fagus grandifolia) accounts for approximately 33 percent of the tree stems in the area to be excavated. "Miami University .. ._p.;:11.......................:...............:......................._.olh.:ed_u -nn_aiicenrd/IE3�& ]. 5/S eciesl...ist SecondExairn201.2 cercus rinus. dff iha:t. www cas miami.. .... .. . ....................... 51 U.S. Department of Agriculture Ihtt s: www.srs.ffs.u.sda, ov ub.s misc a 65� volume 2 cercus veVutina.h�m#: :te7Cl:::::: Uovrt�u%2t1and/2tuyield p.......��........................................................................g.......... .1................/...................../.......g..................... ........................................../... ............................/....................................................................................................................................................................................................... %2.D%,20BIac%-.0 ak,.livin %20!1.v�1°!�20to` 2a .00f�2¢.y Us. sz Arbor Day Foundation h.tp�i/�rrv�w arlbo.ird_ay,.a.irg ire s/tree u.i_ ./ re l[ e.a_iI,. FIm?Il. lm.l_I :::: _.., 53 Bplant.org. Ihtt s: b Ilant.oir. Ilam �.7 #: :text=Chis°f).t1s ecies%2.this%2.t�slhoirt°�n2.C)Ilived IiFes anfa2tDoff6o2Qabout°f2�16S3°f�1G� p.......��......P............................g�.l................./.............................................................................................p..............................................................................................................................P..................p:...............................................................................................................................Y. ears. .................. 27 b. The American beech is common in eastern North America, and Canada, and can be found as far west as Wisconsin. These trees may grow up to 120 feet tall and have an average maximum trunk diameter of three feet. It is considered a key tree species in the United States.54 c. It is estimated that the American beech tree can live up to 400 hundred years.15 d. The American beech is an important food source for many wildlife species. This tree supports 126 caterpillar species, including the early hairstreak, a rare species in need of conservation. The early hairstreak caterpillar can only feed on the leaves of beech and beaked hazel; without those food sources, the species would disappear. Trees that support many caterpillar species, in turn, provide more food options for terrestrial birds who rely on caterpillars to rear their young.56 e. The early hairstreak butterfly is found in a narrow band from northern Wisconsin across southeastern Canada to Maine and from there scattered through the Appalachian range from New England to northern Georgia. It is considered one of the rarest of butterflies throughout its range and in several states and provinces this species is critically imperiled. The habitat is mature deciduous and mixed woods containing its host plants, American beech, and beaked hazelnut.57 f. More research needs to be done on the whether the early hairstreak is present at the SYC site on its beech tree host. g. As a nut-producing tree, beeches are also an important food source for many mammals and seed-eating birds. Beechnuts are high in protein and fat, making them a high-quality "McGraw-Hill Access Science hittps.//w ww._a_ccesssci_en ex m/coin.L m: bri fin.F aB61012020.1. ss See Eastern Connecticut Forest Landowners ,ht..p.(/nrnrr.eclla.ar /a.irne.ir:iran.::. eclh/,also Marshall University Arboretum Project haps//www marshalV e 9_u/caum.�uastr�es/annerican..beech/ also oneearth.org,h_Io:.p.s.//w w.oneealrth.:_ s:::caf:: lh_e:::vv lr a_rr�....................... hu/ 56 Coastal Maine Botanical Gardens.htip,.//nrw ._rruai_r� rd ms.: Ug/ Qag/tU.ee..:::g.[..th_e:::trol0s..::mee:t.::the.-america_in.:, s'Xerxes Society!h. ps...//xerces or Bind_.inhered.:::specifies/s e i s.::: rc�.i.Iles/a.t.:::riffs.lk.::: u:tie.fir.Fl.i'ips.:::rrrc.ths./e _rlly- Ihairstreal(#° text. Flhe%20habiitat%20is%20mature%20deciduousRcontrol%20s .i.n ........7..................................................... .fire % ...........................2..t..1...lr�o.s.ib.1e.%.2.C.th.r.e. a ts. 28 source of nutrition. Bear, deer, squirrels, chipmunks, foxes, blue jays, ducks, and more all utilize the fruit of American beech. If you see claw marks in the smooth, thin beech bark and piles of broken branches, then you've evidence of where bears have climbed to access the nuts.sg IMPACTS ON OTHER NATIVE TREE SPECIES BESIDES OAK TREES a. Other tree species proposed to be eliminated from the SYC site, such as maples,black cherries, and hickories are within the top eight Keystone Plant Genera in Eastern Temperate Forests in Ecoregion 8.59 b. Red maple hosts about 300 species of caterpillars and provides food and dwelling for a variety of birds and mammals. Furthermore, the Red Maple's early bloom time makes it an essential nectar and pollen source for pollinators as they emerge in the spring. c. Pignut hickory, a member of the walnut family, hosts over 200 species of caterpillars, provides food for many songbirds and mammals, and has a lifespan of 200- 300 years. IMPACTS ON BIRDS a. One of North Fork Audubon Society's major concerns with the proposal is, of course, the detrimental impact to bird populations. The Audubon Society's mission is to protect birds and the places they need, today and tomorrow. The greatest global threat to birds is habitat loss and degradation. b. The outright destruction and removal of acres of natural habitat, and degradation of many more acres through "forest edge effect", will result in an irreparable damage to the already dwindling bird population. 58 Coastal Maine Botanical Gardens h. p,�. www.._rrnoai_ro rd m_s.: U � Qo tU.e .s.:::e.F.th_e:::ral0s.:::rrr .t.:: l.... .- rn_ U.ic _n.:, hepc_h./.. ss Garden for Wildlife, National Wildlife Federation, list of Keystone Plants in Eastern Temperate Forests— Ecore ion 8 Ihtt s: �nc�nr�nr.rr�nrF.or rmediia ID cure nts PC1Fs Garden for Wildllife IKe stone Pllar�ts N\ f= Gf=W g p....... ..................................................... /...../........................../................................................../...................../...................................................................................../..............Y...................................................../................................................ Ikeys tpn e.::ply_nt.-llisL.- cpregii rr.-8.-easterin.::tem.pra:t .::: Forests.ashx?Ia::::en&hash:::1.E 1.8OE2ESF2BO611::B9ADF288823S3B3BC7B3B2471B ....................................................................................................................................................................................................................................................................................................................................... 29 c. The DEIS at page x and at page 118, Existing Conditions, says that 91 bird species were observed or expected at the SYC site. The ECIA at page 12 says that approximately 84 bird species were observed or are expected to occur on the site. eBird, an app used by birdwatchers to record their bird sightings, showed that at the adjacent Mill Road Preserve, 72 birds had been seen there as of January 2023 and six months prior. The ECIS and eBird lists largely overlapped, but some birds were on the eBird list and not on the ECIS list and vice versa. With the two lists combined, the total bird species observed at the site was 89, of which 58 breed there (meaning they need those caterpillars to feed their young.) d. On the subject of caterpillars feeding baby birds, Dr. Doug Tallamy cited above, and others have found that a clutch of baby birds can eat 350 — 650 caterpillars a day, depending on how many chicks there are. The parent birds make hundreds of trips back and forth to the nest all day to feed their young. In total over a nesting season, the parents might capture 6,000 to 9,000 caterpillars, which supposedly contain more protein than beef. e. Also, as John Wittenberg, a North Fork Audubon Society member,pointed out in his May 15, 2023 email to the Planning Department, many of the DEIS's conclusions reached concerning birds are based on the NYS Bird Atlas, a 20-year-old document. From:John'Wittenberg<john.w.wittenlberg@gmail.com> Sent:Monday, May 15,2023 2:07 PMI To:Terry,Mark<ma rk.terry @town.southolld.ny.us> Subject:Strong Marina(Project I have been both a Ipart time and full time resident of Southold Town since 1980.During that time I have seen mar changes both good and bad. After reading about the project II can see no benefit to our community in going forward with it. The Strong Marina(project will upend the equality of life for those who(live close by,and have a negative impact on flora and fauna (both on the land where the construction will take place and on the adjacent Public Preserve. As an avid bird watcher II am particularly concerned with the impact this project will have on the inesting birds,mif and overwintering birds found on both the Strong Marina property and the Mill(Road Preserve. Further!in reading the revised DIEIS I see that the basis for many of the conclusions reached concerning the impact birds is(based on the last NYS Breeding Bird Atlas,a 20 year old document. While understanding that not every species is endangered,at the current rate of habitat Iloss,preclation and global warming,many of the(birds on the list may Ibe or already are,species of'special concern. We need to stop this project.We need to preserve this land for the future of our children. John Wittenberg iphn.w.wvittenberg@ mrwail.corn www.ioh wittenbergstudim.com 917.225.3893 ATTENTION:This email)came from an external source. Do not open attachments or click on(links from unknown s( 30 ENDANGERED PIPING PLOVER a. The Piping Plover is considered Endangered in New York, the highest level of environmental concern. Endangered species are defined as native species that are in imminent danger of extinction or extirpation in New York or are listed as Endangered by the U.S. Department of the Interior.60 b. The DEIS at page 131 states: "Consultations were undertaken with the New York Natural Heritage Program (NYNHP) and in correspondence dated December 1, 2020, the NYNHP indicated the piping plover (Charadrius melodus), a New York State threatened species, is the only-record of a known occurrence of a rare or state-listed animal or plant or significant natural community on or in the vicinity of the site (Appendix I in Appendix N of this DEIS). Piping plovers nest at Breakwater Beach located more than 0.5 miles away on the west side of Mattituck Inlet. There is no breeding or foraging habitat for piping plover present on the site." The DEIS at page 140 then concludes, "As such, there would be no impacts to piping plover." c. This statement is incorrect. First, as described in more detail below, the piping plover is certainly not the only record of a known occurrence of a rare or state-listed animal or plant on or in the vicinity of the site. According to our analysis, there have been observed or are likely to be present not just one,but 20 rare or state-listed species of birds. There are five state-listed species of bats. Instead of one species of amphibian, there could be up to six, and more research needs to be done. There are not just one,but up to six species of turtles that could be impacted. There are an unknown and unaddressed number of rare or state-listed plants, butterflies, and insects, that could be impacted. a. Second, the Piping Plover does make its nests a half mile away, on the beaches on the west side of Mattituck Inlet at Breakwater Beach, and on the east side of Mattituck Inlet on Bailie's Beach. The statement that "there is no breeding or foraging habitat for piping plover present on the site" depends on the definition of"site". It is true that the Piping Plover would likely not forage in the oak-beech forest area. However, the wetlands 60 6 CRR-NY 182.2 New York Codes, Rules, and Regulations. Extinct means species no longer living or existing. Extirpated or Extirpation means not extinct, but no longer occurring in a wild state within New York, or no longer exhibiting patterns of use traditional for that species in New York(e.g., historical breeders no longer breeding here). 31 portion of the SYC parcel, about 200' away from the proposed excavation site, is foraging habitat for the Piping Plover. They fly up and down both sides of Mattituck Inlet to forage for freshwater and marine invertebrates, typically within about 16 feet of the water's edge. They favor coastal beaches, sandflats, and mudflats that are exposed during low tide. Loose sand from excavation could slide down into the wetland as a result from rain or storms and damage the wetlands, ruining this foraging habitat. A half a mile distance is no obstacle for the Piping Plovers, which fly about 1,500 miles south each winter, about 3,000 miles round trip. b. The North Fork Audubon Society monitored Piping Plover and other shorebirds for Southold Town and the DEC in the 2021 and 2022 seasons and are just starting the 2023 season. Both North Fork Audubon and Group for the East End have monitored shorebirds in past years, going back decades. c. Approximately 15-18 active Piping Plover nesting sites are monitored each year at locations on the Sound and Peconic Bay sides of Southold Town, and Mattituck Inlet is always the most productive breeding site on the North Fork. For this purpose, Breakwater Beach and Bailie Beach are considered part of the same site. In the 2022 season, seven Piping Plover nests were monitored at this site from late March to August and fledged 13 Piping Plover chicks. At many of the other sites across the North Fork, there is only one Piping Plover breeding pair per site. d. Breakwater Beach is crowded with beachgoers, and the Piping Plovers might nest within dozens of feet of the boardwalk and the lifeguard stand. However, Breakwater Beach is still the most productive breeding ground for Piping Plovers on the North Fork. The reason for number of Piping Plover at this site is the excellent feeding grounds in the mudflats nearby in Mattituck Creek. MANY OTHER ENDANGERED AND THREATENED SPECIES BESIDE PIPING PLOVER 32 a. The Piping Plover is not the only bird that needs to be addressed. In addition to Endangered 61 species, the other categories (Threatened 62, Special ConceM63, and High Priority Status of Greatest Conservation Need 64) appear to qualify as "New York threatened species" or "state-listed animal or plant". Note, the DEC is proposing to revise its lists and is evaluating all High Priority Species of Greatest Conservation Concern for potential listing.65 b. The state-protected birds include those found on the actual SYC site as described in Table 21 of the DEIS report, those documented on eBird as being recently observed at Mill Road Preserve, Mattituck Creek, and other Mattituck locations, and those listed as being in Mattituck Creek according to the EPA-funded 2021 Mattituck Creek Marsh Conservation Report.61 It should be noted that while eBird does document sightings of birds by some individuals, not everyone uses eBird to document their bird observations. There are many people who regularly watch and observe birds that do not use eBird. But eBird data is additional information to the observations of the DEIS consultants. 61 The federal and New York state definitions and classifications are slightly different. As of February 2019, Endangered Species are determined by the New York State Department of Environmental Conservation (DEC)to be in imminent danger of extinction or extirpation in New York State or are federally listed as endangered.All such species are fully protected under New York State ECL 11-0535.See"CHECKLIST OF AMPHIBIANS, REPTILES, BIRDS AND MAMMALS OF NEW YORK STATE Including Their Legal Status"at Ih.tts./ nr�nrw.:_de .:_n.y:.ggv/dsvujlld.lift......pol/vrhlclst41G.:. rJ.f, See also the DEC webpage at Ihttps// ww dec_n.y gov�a.inomals(_f49� Ih_tm.l. 62 Threatened Species are determined by the DEC as likely to become endangered within the foreseeable future in New York State or are federally listed as threatened.All such species are fully protected under the New York State ECL 11-0535. "Special Concern Species are those native species which are not yet recognized as endangered or threatened, but for which documented evidence exists relating to their continued welfare in New York State. Legislation passed 4 October 2005 gave Protected Wildlife status under ECL 11-0103 to all species listed as Special Concern.Special Concern species may also be protected under other laws. 64 Not currently Endangered,Threatened,or Special Concern. But the DEC is evaluating all High Priority Species of Greatest Conservation Need for potential listing. Ih.l.1p.s. w.w._de .n.y...g.av( _ p_malsj-494.h.lm.l 6s DEC webpage at h.ttps.. w.dei.ny..gcv/n _ a_r7imals(1i 66 Marsh Conservation Planning for Mattituck Creek, Mattituck NY,funded by the United States Environmental Protection Agency(US EPA) pursuant to a grant to the New England Interstate Water Pollution Control Commission (NEIWPCC) in partnership with the Long Island Sound Study. 33 c. An eBird report generated indicated the observed presence of 117 birds in the eBird "Hotspot" called Mattituck Creek Waterway Access site as of January 2023. These are in addition to the 68 birds observed by eBird users at the Mill Road Preserve "Hotspot" site and the birds observed onsite at the SYC property by the DEIS consultants. This list includes more waterbirds and shorebirds but also significant overlap with the DEIS list and Mill Road Preserve eBird list. Of these, sixteen (16) species are listed by the DEC as Endangered, Threatened and Special Concern species, and two are on the list of High Priority Species of Greatest Conservation Need. An additional three are listed as high priority species by other organizations besides the DEC, and one species was extirpated (locally extinct) in New York State for 100 years but is making a comeback. • Five (5)have a DEC status of Endangered: Peregrine Falcon, Piping Plover, and Roseate Tern, Black Tern, and Golden Eagle. • Four(4)have a DEC status of Threatened: Bald Eagle,Northern Harrier, Least Tern, and Common Tern. • Five (5)have a DEC status of Special Concern: Cooper's Hawk, Sharp-Shinned Hawk, Horned Lark, Common Loon, Common Nighthawk, and Osprey. • Two (2)have a DEC status of High Priority Species of Greatest Conservation Need: American Black Duck and Semipalmated Sandpiper. • Three (3) are high priority according to other organizations: American Woodcock, Willow Flycatcher, Wood Thrush. • One (1)was extinct in New York for 100 years: Eastern Wild Turkey ENDANGERED ROSEATE TERN a. According to eBird data, Roseate Terns have been documented on the North Fork, including 30 sightings at Breakwater Beach in Mattituck, one sighting at Bailie's Beach in Mattituck, and in Riverhead on L.I. Sound. In the last 30 days (prior to April 15, 2023) the Roseate Tern was observed at Mattituck Creek, according to eBird. b. The DEIS has not addressed this Endangered bird. According to the Audubon website, its habitat is: "Coastal; salt bays, estuaries, ocean. Nests on sandy or rocky islands with some low plant cover, close to shallow waters for feeding, especially in protected bays and estuaries. Forages in coastal waters and sometimes well offshore, with a seeming preference for warmer waters." 34 c. The coastlines of Mattituck Inlet are ideal habitat for this endangered species. Similar comments as apply to the Piping Plover in terms of foraging along the Mattituck Inlet shores. ENDANGERED PEREGRINE FALCON a. Another Endangered bird species, according to the DEC, is the Peregrine Falcon, which we think would be directly harmed by the SYC project. New York Threatened Species including the Bald Eagle and Northern Harrier would also be impacted by the SYC project. New York Species of Special Concern including the Cooper's Hawk, Northern Goshawk, Osprey, Red-Shouldered Hawk, and Sharp-Shinned Hawk would be negatively impacted by the SYC proposal. These birds are in the group of birds known as raptors, birds of prey, which generally eat either other birds, mammals, or fish. b. Just as the Osprey is also known as the Fish Hawk, the Peregrine Falcon is known as the Duck Hawk. c. The Peregrine Falcon was not observed at the SYC site by the DEIS consultants. d. In the last 30 days alone (prior to April 15, 2023) there were 15 sightings of Peregrine Falcons recorded in eBird within a 30-mile radius of Mattituck Inlet. The closest sighting was less than 0.5 miles west of Mattituck Inlet, between Bergen Avenue and Long Island Sound, at the end of March 2023. Peregrine Falcons were also observed in the last 30 days at Southold School, Hallock State Park on Sound Avenue in Laurel, Orient Beach State Park, and Indian Island State Park in Riverhead. Two observations were made on different days by different people at Orient Point County Park, and two at EPCAL(Grumman) in Calverton, with additional sightings at the Elizabeth Morton National Wildlife Refuge in Sag Harbor, in Gardiner's Bay, and across the Sound on the Connecticut coast. e. Going beyond the last 30 days, there were 29 recorded sightings of the Peregrine Falcon in eBird, from Calverton to Orient Point from September 2017 to March 35 2023. Four of these were at a location in Mattituck less than 0.5 miles west of Mattituck Inlet, while others were at sod farms in Riverhead/Doctors' Path, Harbes Family Farm, and Peconic NY. For all of Suffolk County, eBird has recorded 4,588 observations of the Peregrine Falcon, with 257 photographs uploaded. f. The coastal oak-beech forest is an ideal habitat for this "Duck Hawk" since it is close to a waterway, where they can prey on waterbirds. The tall trees on the bluff are an ideal high spot for them to observe prey before swooping down for the kill. At Mattituck Creek, eBird has recorded the presence of 117 bird species including 7 species of duck, 8 species of gull, 3 species of merganser, 3 species of loons, several species of geese, and many other waterbirds and land birds that would be ideal prey for Peregrine Falcons. g. The Peregrine Falcon has been used in falconry for 3,000 years. Called the "perfect predator", it is the fastest bird in the world and the fastest member of the animal kingdom. It has been clocked at a speed of 242 miles per hour diving from the sky to catch prey, hitting one wing of its prey so as not to harm itself on impact. It can handle a 25G force (25 times the force of gravity) when turning out of a dive, whereas fighter pilots can handle up to 8 or 9G and a human would pass out at l OG. h. Its prey includes small, medium, and large-sized birds ranging from hummingbirds to geese and herons. They catch small to medium-sized birds in mid-air with swift, spectacular dives. They prey on mourning doves, northern flickers, woodpeckers, swifts, common starlings, American robins, common blackbirds, crows, and jays. In cities, they are masterful at catching pigeons. Along coastlines, they feed on ducks, geese, loons, gulls, and other shorebirds. They also occasionally kill mammals such as rats, voles, lemmings, rabbits, hares, shrews, mice, squirrels, and bats. i. The Peregrine Falcon became endangered over much of its range because of the use of organochlorine pesticides, especially DDT, during the 1950s, '60s, and '70s. Pesticide biomagnification caused organochlorine to build up in the falcons' fat tissues, reducing the amount of calcium in their eggshells. With thinner shells, 36 fewer falcon eggs survived until hatching, and it reached near-extinction in eastern America. j. With the banning of DDT in the early 1970's and the release of some bred in captivity, the population has rebounded somewhat. It was removed from the U.S. federal endangered list in 1999 and the Canadian endangered list in 2017 but remains on the New York state endangered list. k. As this falcon has been observed multiple times in the vicinity, including several times less than 0.5 miles west, further research needs to be done into the DEC and U.S. Fish & Wildlife regulations and prohibitions regarding destruction of probable habitat. ENDANGERED BLACK TERN a. The Endangered Black Tern is not listed on the DEIS list of birds, nor on the eBird list at Mill Road Preserve. b. According to eBird, it has been observed thousands of times in Suffolk County, mostly on the south shore and South Fork. c. It has been observed twice at Breakwater Beach. Once was in June of 2020. The field notes indicate it was seen as part of Group for the East End's plover/tern monitoring. The notes state: "breeding plumage; flushed from beach with many Least Terns; flew out to Long Island Sound than turned and continued west over the water " The second observation was at Breakwater Beach in August 2022. The field notes indicate: "Imm. (immature) Very dark upper wings. Black pattern on head. Landed on beach. Feeding with mixed tern flock. For yuks, note the palmated feet." d. Besides Breakwater Beach, it has been observed in Peconic Bay, Goldsmith's Inlet, Robin's Island North, Southold Town Beach, Ruth Oliva Preserve at Dam Pond, Oysterponds Creek Wetlands, and Orient. 37 ENDANGERED SHORT-EARED OWL a. The Short-Eared Owl is not listed on the DEIS list of birds, nor on the eBird list at Mill Road Preserve. It is mostly a grassland species and prefers to be out in the open, where it feeds on voles, mice, and occasional birds. b. The nearby open agricultural areas and grasslands would be ideal hunting habitat. They also hunt along fresh, salt, and brackish marshes and wetlands along coastal areas, where they target shorebirds, terns, small gulls, and other seabirds.6' Therefore, the Mattituck Creek area is potential habitat. When snow is on the ground they roost in trees. c. According to eBird it has been observed 417 times and photographed 68 times in Suffolk County. It has not been observed close to Mattituck Inlet but been observed almost 300 times in Calverton, and at farm fields in Riverhead near Route 105, at Narrow River Road and other locations in Orient, and on the South Fork. ENDANGERED GOLDEN EAGLE a. The proposed destruction of habitat may also impact other DEC-listed bird species such as the Endangered Golden Eagle. While the Golden Eagle is not on the eBird lists as having been sighted at Mill Pond Preserve or at Mattituck Creek, there have been anecdotal sightings on the North Fork. It has been observed and photographed in Mattituck along the L.I. Sound bluff, about 0.8 miles west of the SYC site, and has been seen in Cutchogue and Greenport. b. According to eBird data it has been observed elsewhere in Suffolk County 22 times, with 10 photographs taken by three different individuals. Four of the photos were taken in November 2022 on the Montauk Highway in Hampton Bays and four were taken in Calverton on April 10, 2023, with the other photos taken in Setauket; and has been seen at the sod farms in Riverhead. 67.h ttp.s_-��wv�rw awl.��. �s„�r�uvr.��A0j p�ci�:�.:.p_h..p.�smm3_590 38 c. Golden Eagles are fast and agile for their size. Diving from great heights, they have been clocked at close to 200 miles per hour. 68 d. About the same size or even slightly larger than a Bald Eagle, the Golden Eagle takes small to medium-sized mammal prey such as rabbits and squirrels and even larger prey up to the size of foxes, cranes, swans, young deer, domestic livestock, and seals. In western America, it has been known to take mountain goats, bighorn sheep, coyotes, and bobcats.69The Golden Eagle was important to many Native American tribes, who admired the eagle's courage and strength, and who ascribed mystical powers to the bird and even to its feathers. In forested eastern North America, it often hunts over marshes or along rivers.70 e. Golden Eagles may build nests in trees, on the ground, or in human-made structures, including windmills, observation towers, nesting platforms, and electrical transmission towers. Constructed near hunting grounds, Golden Eagle nests often command a wide view of their surroundings. £ Like Bald Eagles and Ospreys, the oak-beech forests are an ideal place for Golden Eagle habitat due to the large, tall trees that would be able to support the weight of the nests. Also,the oak forests would be an ideal hunting location for squirrels, rabbits, raccoons, and even young deer. g. Golden Eagles and Bald Eagles are often attracted to the feeding grounds of Ospreys, where they may try to bully an Osprey into dropping its catch of fish. 6a Cornell Ornithology Lab h.p.s.:. /nrvyw,alll_a_bouLbir s oirg./gnu.ids/Galc9_en......lf. . l lli................................ i ,r.�r 69 Id. 70Audubon Ih:t:tus./ www.,a_ud_u�ran..:�r�/fieW.�uidefbiirdf�olden.eafle 39 THREATENED NORTHERN HARRIER a. The Northern Harrier, with a DEC-listed status of Threatened, is not on the DEIS list of 90 or so birds. However, it is on the eBird list of birds seen at the Mattituck Creek hotspot. b. This hawk feeds on birds and small mammals. Unlike most hawks that rely mainly on eyesight, this one relies equally on its keen hearing, like an owl. c. According to eBird, within 0.5 miles west of Mattituck Inlet, it has been seen about 80 times at Macari Vineyards, Bergen Avenue, Cooper's Farm, and other Mattituck locations. it has been observed at Breakwater Beach, Bailie's Beach, and the Mattituck Creek DEC Access. East of Mattituck Inlet, it has been seen at Mill Lane, Soundview Avenue, Sea Aire Lane, and Landcraft Garden Foundation. d. The Northern Harrier has been seen hundreds of times at the sod farms and other farms in Riverhead at Osborne Ave., Edwards Ave., Roanoke Avenue, near Roanoke Vineyards, and near Route 105 in Northville. It has been observed over 150 times at or near the North Fork Preserve on Sound Avenue in Riverhead near Church Lane, and about the same number of times in the vicinity of Hallock State Park and Hallockville Farm Museum; on Route 25 in Jamesport and Mattituck, at Laurel Lake in Laurel, at Husing Pond Preserve, James Creek and Marratooka Pond to the south in Mattituck. Further east it has been seen in Cutchogue at Elijah's Lane, Alvah's Lane, Oregon Road, and at points further east on the North Fork. e. Given the number of times it has been seen just west and just east of the SYC property, and at Breakwater Beach, Bailie's Beach and Mattituck Creek, it seems very likely that the Northern Harrier is present on the SYC property. THREATENED BALD EAGLES a. Bald Eagles, with a DEC-listed status of Threatened, are not on the list of 89 birds seen at the SYC parcel but are on the eBird list of 117 birds observed at Mattituck Creek. 40 b. Like the Peregrine Falcon and the Osprey, Bald Eagles were very detrimentally impacted by the eggshell-thinning caused by DDT but are making a comeback. In eBird there 679 photos or videos of Bald Eagles in Suffolk County; 4 with audio. c. Bald Eagles only began to nest again on Long Island in 2016, after being absent for 78 years.71 d. According to eBird, Bald Eagles have been seen across the North Fork including at Breakwater Beach in Mattituck, Landcraft Garden Foundation in Mattituck, Hallock State Park on Sound Avenue in Laurel, Husing Pond Preserve in Mattituck/Laurel, Laurel Lake Preserve, Oregon Road in Cutchogue, Downs Farm Preserve in Cutchogue, and North Fork Preserve on Sound Avenue in Riverhead, among others. e. In eBird, there have been over 11,000 sightings of Bald Eagles in Suffolk County, and of these, 4,137 recorded sightings from Calverton through Orient Point. These include 147 sightings at Hallock State Park, 2 at the Hallockville Farm Museum, 7 at Mattituck locations east of Hallock Farm Museum, 98 observations within 0.5 miles west of Mattituck Inlet, 7 at Breakwater Beach, 2 at Cooper's Farm, 8 at Mattituck Creek, 2 at the Love Lane boat launch at the south of Mattituck Creek, 8 to the immediate east of Mattituck Creek, 18 at Marratooka Pond in Mattituck, and so forth. £ Not recorded in eBird; they have been many additional times in the Mattituck Creek area. On April 16, 2023, alone, six Bald Eagles were seen in a single day along Mattituck Creek, likely three pairs competing over territory. They have been seen flying along the bluff line in Mattituck along L.I. Sound between Mattituck Inlet and Hallock State Park, on Old Sound Avenue near Factory Avenue in Mattituck, flying above Route 48 in Cutchogue, and on the Main Road in Cutchogue near the Valero gas station, among other locations. g. As Bald Eagles start recolonizing on the East End, they will need to create nests in mature tall trees. The Bald Eagle builds the largest nest of any North American bird, up to 13 feet deep, over 8 feet wide, and can weigh over 2,200 pounds. Therefore large, strong trees like oaks and beeches are necessary to hold these nests. 71 The Coastal Monitor Winter Spring 2020 htt s: di italcommon.s.moil o .edua c i viewcontent.c i?ar�icle::::1.007&context=cercorn news .......��........ ..................................................................................u................... ..... ../............................................................. .............................................................................................................................................................. 41 COOPER'S HAWK, DEC SPECIES OF SPECIAL CONCERN a. According to the DEIS at page 126, of the 91 estimated total bird species observed or expected to live in the SYC site, 58 bird species are expected to breed there. Among those expected to live year-round and breed in the SYC oak-beech forest are the Cooper's Hawk, with a DEC status of Special Concern. b. Among the bird world's most skillful fliers, Cooper's Hawks tear through tree canopies in high-speed pursuit of other birds.12 According to the DEC Species Status Assessment, "the Cooper's hawk is a woodland raptor that specializes in avian prey. It uses deciduous, mixed, and coniferous woodlands as well as urban and suburban areas for nesting and feeding. Cooper's hawk has recovered remarkably well from the two major eras that affected the populations of many raptors in North America: DDT and heavy persecution. Today,populations of this hawk are thriving, owing mostly to this species' ability to exploit man-altered landscapes... Populations of Cooper's hawk are thriving throughout their range and have exploded in New York, although there are still localized threats including loss of appropriate woodlots for breeding and foraging."73 c. Cooper's Hawks have been documented over 3,100 times from Calverton through Orient Point, including 94 times at Hallock State Park, 22 times in areas just east of Hallock State Park, 3 times at Macari Vineyards, 84 times less than 0.5 miles west of Mattituck Inlet, 5 times in other areas just west of Mattituck Inlet such as the Captain Kidd Estates, four times at Mattituck Creek, four times at Cooper's Farm, once at the former Waldbaum's supermarket plaza now known as Mattituck Marketplace, ten times at Marratooka Pond, and dozens of other times around Mattituck. d. The DEIS at page 141 states that the"Cooper's hawk(Accipiter cooperii) and Sharp- shinned hawk (Accipiter striatus) inhabit various upland and wetland forests during the breeding season, including fragmented forests within agricultural, suburban, and urban landscapes. The site's Coastal Oak-Beech forest provides suitable,but not optimal, nesting habitat due to the relative absence of shrub cover. During the winter months, both species frequent residential areas to hunt for songbirds at bird feeders and during any 72 Allaboutbirds.org h.t...// uW.a.Ila_do_uffiiirds..org/ u.ids/ c� .pars...._N..Iamik/ v lrv% Jnr# 73.h:t:t.I.�.S_°L.L.. dc.:_!. .:F�r�v/dr�csvuuld_I.%Fe......l:c:�/:.gncaaipUdvV ..p_df 42 season, are expected to utilize the subject site as foraging habitat. While the proposed action would result in a loss of foraging habitat and degradation of habitat quality for Cooper's hawk (Accipiter cooperii) and Sharp-shinned hawk(Accipiter striatus), these species would likely continue to hunt the human-tolerant songbirds and doves that could be expected on the developed portion of the property and the remaining Coastal Oak- Beech and successional woodlands. e. The DEIS' conclusion is that the outright loss of habitat and degradation of remaining nesting and foraging wooded habitat is something that the Cooper's Hawk will just have to live with. We disagree; with the population springing back from the damage caused by DDT, we as a community should be preserving these large tracts of deciduous forest for them. SHARP-SHINNED HAWK, DEC SPECIES OF SPECIAL CONCERN a. Another DEC species of Special Concern is the Sharp-Shinned Hawk. The DEIS at page 127 (Table 21) states that the Sharp-Shinned Hawk was not actually observed at the SYC site by the DEIS consultants but was expected to be present. According to Table 21, it is expected to be a year-round resident of the SYC property, but not expected to breed there. b. According to eBird data, the Sharp-Shinned Hawk has been observed at Mill Road Preserve, on West Mill Road, at Mattituck Creek, at Breakwater Beach, and at Bailie Beach. It has been observed over 100 times in Mattituck, about 70 of them within 0.5 miles west of Mattituck Inlet, and several times at Macari Vineyards, and to the east of Mattituck Inlet at Landcraft Garden Foundation and Oregon Road. It has seen over 100 times at North Fork Preserve, over 60 times at Hallock State Park and Hallockville Farm Museum, and dozens of times at Long Creek, Husing Pond Preserve, and Marratooka Lake in Mattituck, and many other locations across the North Fork. c. Data on its breeding habits is hard to obtain, due to its secretive nature. As the smallest hawk, only 12 to 15 inches in length, it needs to be secretive to avoid being prey for larger raptors. 43 d. "Incredibly elusive while nesting, most Sharp-shinned Hawks spend their summers under the canopy of dense forests."74 They live in a wide range of woodland and forest types, both dominated by conifers and by various types of broad-leaved trees (especially oaks).75 e. It feeds mostly on birds— from sparrow size up to robin size, sometimes up to the size of quail, and eats small numbers of rodents, bats, squirrels, lizards, frogs, snakes, and large insects. f. According to the Audubon website, "Numbers dropped in mid-20th century, possibly as a result of DDT and other pesticides in the food chain, then recovered somewhat through early 1980s. Since that time, counts of migrants in the east have shown significant declines again."76 g. Its habitat consists of"Mixed or coniferous forests, open deciduous woodlands, thickets, edges. Usually nests in groves of coniferous trees in mixed woods, sometimes in dense deciduous trees or in pure coniferous forest with brush or clearings nearby. In winter found in any kind of forest or brushy area but tends to avoid open country."77 h. The DEC's 2014 Species Status Assessment states: "Populations of sharp-shinned hawk declined across its range during the mid-1900s due to contamination from DDT and from shooting by those who saw this raptor as a threat to songbird populations. Recoveries were noted after DDT was banned and raptors were included in the Migratory Bird Treaty Act under the 1972 amendment. In the 1980s and early 1990s declines in sharp-shinned hawk numbers were noted at hawk watch 74 Allaboutbirds.org h.G:fps.//w rw.:Alla_ho_utbp.rds or�g./.. .!.d.e/5_harp.:-slhInnec�....._VN_a_ Ik/ov .rvi vv 75 Animalia .h:qp. _:ani.rm� ll.a.:.bias/shy_.irra.::sh.:iinined.:lha k 76 Audubon, Ih:Ljp.s. ww.:_auadu bon_::oir /Fiiell_d.::: u_id_e/la.%ird./sM _rin..-sh.i.inin_ed.-lh rr l »Audubon,h_t:rins.//www.,a_uad_? pn_.®r /aie.i_d.:::iia_id_e/b.i_rd./s ha.rin.:::shinn_ed.:::harnk 44 locations in the Northeast, resulting in the inclusion of the species on the Endangered/Threatened/ Special Concern lists in New York, Connecticut, Massachusetts, and New Jersey... A lack of abundance data during the breeding season due to this hawk's secrecy make it difficult to assess local effects of forest management techniques and habitat degradation due to agriculture or suburban development(Bildstein and Meyer 2000)." i. The Sharp-Shinned Hawk and its deciduous/oak habitat is worth saving from destruction and degradation. COMMON NIGHTHAWK, DEC SPECIES OF SPECIAL CONCERN a. This bird is not on the DEIS list, but is a DEC Species of Special Concern. b. Although its name implies that the nighthawk is a raptor like other hawks, it is not. Instead, it eats insects and belongs to the same family as the Whip-poor-will. It is a small, secretive bird about the size of a dove, most seen at dusk flying over woods, fields, or downtown centers as it catches insects.78 c. According to eBird, 21 of these were observed at Bailie Beach in Sept. 2021. The field notes say "2,19 moving west." d. It has been seen dozens of times at the Riverhead sod farms near Doctor's Path and Route 105, at the Iron Pier Beach area, 8 times at the North Fork Preserve, 4 times at Hallock State Park, 14 times immediately west of Mattituck Inlet including Cooper's Farm, at Bailie's Beach, on Westphalia Ave.just south of Mattituck Inlet, and other Mattituck locations including Marratooka Lake, Mattituck High School, Deep Hole Creek, and Long Creek. It has also been seen at Laurel Lake, in Cutchogue, Goldsmith Inlet and other locations around the North Fork. ".h:t:t.p.� n_hb.ordrecords:: r 1 .01.:...211i�0�s��N.i l�.�h�}nrVc.:::uru.:�.o.:s_h et...P 45 e. Some of the field notes for the location just west of Mattituck Inlet state: "Appeared at dusk. Erratic flitting over kettle holes for 5 minutes or so. Diagnostic flight& white wing patches. Possibly 2 birds. First bird disappeared heading west and then another appeared from the east. "... "Flying after sunset near pond for 20 minutes or so. Bat- like erratic flight with straight tail and wings at dihedral. " £ All the observations were in May, June, July, August, September, and October. They migrate to South America for the winter. RED SHOULDERED HAWK, DEC SPECIES OF SPECIAL CONCERN a. This bird is not on the DEIS list but is a DEC Species of Special Concern. Once one of the most common hawks in the northeast, its populations were impacted by the eggshell-thinning effects of DDT. Its former DEC status was Threatened, but it was downgraded to Special Concern in 1999. " b. Whereas the more common Red-Tailed Hawk is distinguishable by the bright rusty red on the upper side of its tail, the Red-Shouldered Hawk is smaller and has large rusty red shoulders, visible both on the skyward side of its body and from its underside when it is flying overhead. c. According to eBird, the Red-Shouldered Hawk has been seen several times just west of Mattituck Inlet, in the vicinity of Coopers Farm, as well as other locations around Mattituck such as Veteran's Memorial Park. It has been seen 21 times at North Fork Preserve, at Laurel Lake Preserve, Hallock State Park, Oregon Road, Arshamomaque Pond Preserve, and other locations on the North Fork. d. This is a forest raptor, a hawk of the woodlands. In the east, it nests in deciduous and mixed forest, with tall trees and relatively open understory, often along rivers and swamps.80 e. It prefers an open subcanopy, which makes hunting easier. The open subcanopy of the SYC site would be ideal habitat. 79.h.LLp_ wwn d .: 2nimas/:. 1cV7Q��i ,h.tim.11 so htt lk 46 OSPREY, DEC SPECIES OF SPECIAL CONCERN a. Everyone on the East End is familiar with the return of the Osprey population, which had been decimated by DDT in the past and listed as an Endangered species in 1976. With the banning of DDT in 1972, the detrimental impact on eggs began to diminish and the species' status was adjusted to "Threatened" in 1983, and again in 1999 to "Special Concern,"where it remains designated today. The local Osprey population is climbing back with 477 nests monitored last year in the five East End towns, and 353 documented active nesting pairs that produced 505 fledglings.'i b. Birds of prey are best off with large trees. Fewer large trees mean less nesting habitat potential for large birds including owls,hawks, ospreys, and bald eagles. Historically, ospreys built their bulky stick nests atop trees throughout the North Fork. While some continue to use natural nest sites, many have shifted to nesting on artificial structures such as PSEG utility poles due to the loss of trees (and development of the shoreline). c. In 2020, there were 14 active Osprey nests in Mattituck Creek. According to the 2021 study Marsh Conservation Planning for Mattituck Creek, Mattituck NY, for Mattituck Creek,12 these 14 nests produced 32 young. "Today, osprey pairs can be found throughout Long Island estuaries. Mattituck Creek has some of the highest density of osprey nests on Long Island. For example, in 2020, there were 14 active nests on the creek and these nests produced 32 young during that year(Figure 6)." S1 See,for example local news articles like North Fork Patch Ih.tts !/p.a.o h.:fc rn./new:::.ylrle/ncr.M.Frlc/ s:.- _nd.:.. .. ..p......:...y:::.p.......r...............:...............-.... ..... LinuesAhirive.iresearclh.iind'icaLes and the Suffolk Times s.re. .o �u atoon coati .... ...................................................................................................................................... htt s: .suF�olQ<tumes.tumesUevuew.corn 2¢ ?.3 D�. ea.s� end-os re - o uQation.cointinues.to throve re out-sho�nrs p.......//................................................................................................................................/......................./............/..................................................k.........Y...la......la...............................................................................................................................p.........................................../.. az Marsh Conservation Planning for Mattituck Creek, Mattituck NY,funded by the United States Environmental Protection Agency(US EPA) pursuant to a grant to the New England Interstate Water Pollution Control Commission (NEIWPCC) in partnership with the Long Island Sound Study. Input was provided by the New York State Department of Environmental Conservation (DEC),Suffolk County,Seatuck Environmental Association, Peconic Land Trust,Audubon NY,The Nature Conservancy,Cornell Cooperative Extension-Suffolk,Town of Southold,and U.S. Environmental Protection Agency. lrr!n. iininacle,coim roF SILAMM NIE::IWPCC Mattituck QVIaUsQn Conservatiion Document 06..04..202.1.0.._d.F 47 d. According to Group for the East End, in 2022 there were 18 Osprey nests along Mattituck Creek.83 Two new nests have been observed by North Fork Audubon in April 2023, so the current total is 20 nests, although the site continues to be monitored as there may be more breeding pairs in the coming weeks. e. Ospreys and other large birds such as eagles use large, tall trees to roost in, whether at night or occasionally during the day when they are taking breaks from flying, or simply surveying the area. After catching a fish, an Osprey will often bring its meal to a large tree limb where it can leisurely feast on it; in other words, the tree serves as a feeding station. Often but not always, these large trees are near their nests. £ Protecting forests containing large oak and other trees is important to the continued protection of Ospreys in the Southold Town community. While they are often seen nesting on or eating their meals on manmade platforms, their natural nesting sites are in tall trees, and some can be seen nesting there (at Veteran's Park in Mattituck, for example). If there is a lack of suitable places to nest, Ospreys will nest on the ground, where the eggs and young are much more vulnerable to predators. AMERICAN WOODCOCK, SPECIES OF HIGH PRIORITY a. On Table 21, on page 128 of the DEIS' list of birds expected at the SYC site is the American Woodcock, which is listed as breeding on the SYC site and as a year-round resident. While not on the official DEC lists, the DEC states that it has been recognized by other organizations as a species of concern, and so protecting it is a high priority. According to the DEC, "Woodcock populations have been declining in the eastern United States for several decades. Annual spring surveys of their breeding grounds show that American Woodcock numbers in the Eastern Flyway and in New York have been falling by about 2 percent since the 1960s-a loss of over SS percent in the last 40 years. As a result, national and international bird conservation organizations consider the American 83 Email from Marina DeLuca of Group for the East End,April 27,2023. 48 woodcock a species of continental concern, and protecting the woodcock is a high priority in its habitat ranges."84 b. According to eBird, there have been 486 American Woodcock sightings from Calverton east to Orient Point. These include four in the Peconic River area in Riverhead, 91 at the North Fork Preserve on Sound Avenue in Riverhead, 8 at Hallock State Park on Sound Avenue, 10 at locations within a mile west of Mattituck Creek, one at Cooper's Farm, one at Mill Road Preserve, two on West Mill Road in Mattituck, 7 at other Mattituck locations, and about 150 sightings in Cutchogue, Peconic, Southold and Greenport. c. The Willow Flycatcher and Wood Thrush are also listed as breeding at the SYC site on the DEIS list. As for the Wood Thrush, "the destruction and fragmentation of forests are major factors in the species'decline. Partners in Flight placed this thrush on its Yellow Watch List of declining birds, noting a 60 percent drop in population between 1970 and 2014."" The Willow Flycatcher was also on the Yellow List. d. I personally observed the Wood Thrush several times between May 5 and May 15, 2023 at Mill Road Preserve, and took several sound recordings using the Merlin Bird app. e. Many forest dwellers are year-round residents, for example the Downy Woodpecker, Hairy Woodpecker, Red-Bellied Woodpecker, Red-Headed Woodpecker, and Northern Flicker. All these woodpeckers have been observed at the SYC site by the DEIS consultants and by eBird users and listed as breeding at the site, except the Red-Headed Woodpecker which has not been observed and which is on the DEC's list of Special Concern species. 84 htt s: www.dec.n ov enamels 4 448.htmit:—:text:::::The%20woodcock°s%20decaine%220i.s%20attrilbuted'the%201 .......��..................................................Y... ..........1................................1................................................................................................................................................................................................................................................................................................................R.................................... oss%20in%20woodcoclk%20numbers. ............................................................................................................................................................. "American Bird Conservancy Ih.lts. .i:res.:_ r / i:ir ./ynrc�d..- thrush Fk:— text:::.'Fhe%7...Cdes�.rucGiiori%20and%20fra mentation%20¢ g o ulatiion°�2�11between%2C.]. 7C�%2.C1and°f°2�) ........................................................................................................................................................................................ .......................................................................R. ...... ..................................................................................................................................................r........................... 20.1-4. ..................... 49 EASTERN WILD TURKEY—EXTINCT IN NEW YORK FOR 100 YEARS a. The DEIS' Table 21 on page 128 notes the presence of the Eastern Wild Turkey at the SYC —it was observed there, it breeds there, and is a year-round resident. b. The Eastern Wild Turkey is native to North America; and may have predated the earliest human inhabitants. At the time of European colonization, wild turkeys occupied all of what is currently New York State south of the Adirondacks. It flourished all over the Northeast when the Pilgrims first arrived at Plymouth Rock, Massachusetts in the early 1600's. Ben Franklin wanted to make the national U.S. bird. c. By the mid-1840's, due to the conversion of woodlands to farmland across much of the state, they disappeared entirely from New York for about 100 years. Besides disappearing from New York, wild turkeys were entirely eradicated from a total of 18 of their 39 native U.S. states.86 d. In 1948, a small group of turkeys crossed from northern Pennsylvania into New York State,becoming the first turkeys in New York in 100 years, and sparking interest in returning the birds to New York State.87 e. By the late 1950's, the original population from Pennsylvania had expanded such that the NY DEC began trapping them and moving them to other areas of NY state. In the mid- 1990s, DEC trapped approximately 75 wild turkeys in upstate New York and released them at three locations in Suffolk County. The Long Island population is now estimated at more than 3,000 birds and growing, to the point that turkey hunting was allowed for the first time on certain L.I. locations in spring 2023. f. The successful re-introduction of the Eastern Wild Turkey illustrates what governments and societies can do to protect birds, even bringing them back from near extinction. s6 Environmental Defense Fund Mtn.p._; Iblo s,. d.: r / re in. r ua.irr�s e1,:7 ._1./1 :tlh .:rnri.11d.::t�u_rlk .fir.-nn .}r.- .::. eL p.Liieas.::. 1eatest.-v�rill_dIife..-conservaLion suaccess._st r r( a�Wild Turkey.h:q.r?s_Ivvvv,:do.:_!.Y.. varl.urrols%d :::!_0! .0. 50 All the above birds and more are among the roughly 90 species that would lose outright five acres of their natural habitat, with additional surrounding acreage degraded through forest edge effects and fragmentation. Their sources of food, be it insects and caterpillars that live in the destroyed forests, berries, leaves, nuts, etc. would be gone. Nesting areas and hiding areas would be gone. ENDANGERED OR THREATENED BIRDS LIST IN 2021 EPA REPORT ON MATTITUCK CREEK a. The May 2021 Marsh Conservation Planning Report for Mattituck Creek" also provides a source of threatened birds living at Mattituck Creek. Table 2 on page 10 provides a "Partial List of Notable Mattituck Creek Bird Species as Identified from eBird, with a Focus on Threatened and Endangered Species."There may have been changes from 2021 to 2023. b. NY Status Endangered Species Act i. Endangered: Piping Plover, Roseate Tern, and Black Tern ii. Threatened: Least Tern, Common Tern,Northern Harrier, Bald Eagle iii. Special Concern: Osprey, Sharp-Shinned Hawk, Cooper's Hawk c. NY SGCN Status (Species of Greatest Conservation Need) i. High Priority SCGN: American Black Duck, Piping Plover, Roseate Tern, and Black Tern ii. SCGN: Least Tern, Common Tern,Northern Harrier, Bald Eagle, Lesser Scaup, Common Eider, Surf Scoter, White-Winged Scoter, Black Scoter, Long-tailed Duck, Common Goldeneye, Ruddy Duck, Horned Grebe, Black-bellied Plover, Ruddy Turnstone, Purple Sandpiper, Greater Yellowlegs, Willet, Bonaparte's $$Marsh Conservation Planning for Mattituck Creek, Mattituck NY,funded by the United States Environmental Protection Agency(US EPA) pursuant to a grant to the New England Interstate Water Pollution Control Commission (NEIWPCC) in partnership with the Long Island Sound Study. Input was provided by the New York State Department of Environmental Conservation (DEC), Suffolk County,Seatuck Environmental Association, Peconic Land Trust,Audubon NY,The Nature Conservancy,Cornell Cooperative Extension-Suffolk,Town of Southold, and U.S. Environmental Protection Agency. Ihtt wa.r1ern innaclle.co n.. roF SI...AMM NEIWPCC Mattiitucl< Marsh Conservation Document 06-D4-.... df ...��...............................p................................................... .K�............. ................................. ........................................ ..................................................................................................................................................................................................................................................p......... 51 Gull, Laughing Gull, Great Egret, Snowy Egret, Black-crowned Night Heron, and Glossy Ibis iii. Potential: Sanderling d. Audubon Watch List i. Red list: Piping Plover, Least Tern ii. Yellow list: Roseate Tern, Sanderling, Semipalmated Sandpiper, and Iceland Gull MATTITUCK INLET IS AN IMPORTANT STOP ON THE ATLANTIC FLYWAY a. According to the Southold Town Local Waterfront Revitalization Program, "Southold is located on the Atlantic Flyway and its surface waters and adjoining wetlands and islands serve as wintering grounds for many species of birds, breeding grounds for others, resting stops for migrating species and permanent homes for resident species. "89 b. The Atlantic Flyway is a major north-south flyway for migratory birds in North America. The route generally starts in Greenland, then follows the Atlantic coast of Canada, then south down the Atlantic Coast of the United States to the tropical areas of South America and the Caribbean. Every year, migratory birds travel up and down this route following food sources, heading to breeding grounds, or traveling to overwintering sites. This route is used by birds typically because no mountains block most of this path. Good sources of water, food, and cover exist over its entire length. The warm climates found in the southern portion of the region are home to many northern birds in winter, while in summer the region is home to many bird species from South America.90 c. According to the national Audubon website, "The Atlantic Flyway encompasses some of the hemisphere's most productive ecosystems, including forests, beaches, and coastal wetland. The Atlantic Flyway is home to a wide variety of ecosystems—and more than a third of the human population of the United States. Protecting birds and their habitats from human 89 Section II-E1 of Town of Southold LWRP, adopted in 2004 and approved by NYS Secretary of State and US Office of Ocean and Coastal Resources Management in 2005. .............p...:/ ................:....._X.:.1........../...................:.............._ :.:...................:::................:.....................:::....................:::............:.....:......:................:....-...............ItoIiiz.atiasr7... Ihtt.s ..dos in ov locotion to Ain Southold Ilocall waterfron Trevi....................................ri... IPro irom#° °text:::::'Ifhe%20'Ifown%20of%20SouLhold%2.OILocal Es.L. uor %2C%20and°f>2.OII..oin %2.011slond%20So�und. .........g...........................................................................................................................................................................................................................................P....................................................................................................................g........................................................................................ "Wikipedia .https_�.C..C�_niii.ped.ua.,aUg(wi_Oz'u./�11�_�Lu�....._FV_y�v�_d 52 activity and the threat ofsea-levelrise is at the forefront ofAudubon's mission in this flyway. Shorebird monitoring programs from New York to the Bahamas ensure beach- nesting species, including the Piping Plover and American Oystercatcher, have safe places to rear their young. " d. The 2011 Long Island Sound Comprehensive Management Plan 91 at page 26 also recognizes the importance of the Atlantic Flyway and specifically mentions Mattituck Creek as a stopover site for migrating birds. It states: "Continuing new development continues to fragment wetlands and other natural ecological communities. This loss of habitat leads to local extirpations which have increased negative effects on regional wildlife populations. Where a local extirpation occurs, obstacles, such as dense development, highways, and fences, can prevent repopulation. This is true especially for amphibians, reptiles, and some small mammals. Linking ecological communities by habitat corridors will benefit certain species by allowing increased movement for population expansions, for foraging, or for avoidance of adverse conditions. Existing wildlife corridors, such as Mattituck Creek and the Nissequogue River and Connetquot River corridors, are necessary for migrating songbird populations because they serve as stopover sites. These corridors form a series of habitats, rather than a contiguous stretch of land. The developed nature of the Long Island Sound coast makes it imperative that areas of remaining open space be maintained. Where possible, opportunities to join these open space areas or to connect them to stream corridors should be pursued." e. Some of the 89 bird species on the DEIS/Mill Road eBird combined list, like the Yellow- Bellied Sapsucker and Prairie Warbler, migrate through eastern Long Island in spring and/or fall, on their annual migrations along the Atlantic Flyway. Many of these birds spend their summers in northern areas and migrate south along the eastern coast of North "Long Island Sound Comprehensive Management Plan at hLt s� o i islandsoundsLudy...Dj E P ng..................................................................... 2u1.. glr .......... 53 America to the Caribbean or South America for the winter, then migrate back north along the east coast in the spring. f. The fact that Mattituck Creek is a valuable component of the Atlantic Flyway makes it that much more imperative that the coastal oak-beech forest be preserved. IMPACTS ON OTHER PLANTS BESIDES TREES a. The DEIS at page 123 lists 122 vascular plants located at the SYC site. The DEIS does not address whether any of the plants are listed by the DEC as State-protected, that is Endangered, Threatened, Rare, or Exploitably Vulnerable.12 IMPACTS ON MUSHROOMS a. The DEIS does not address whether any mushrooms are located at the SYC site whose habitat would be destroyed by the removal and degradation of acres of coastal oak-beech forest. b. Mushrooms are often overlooked,but should not be ignored. On April 25, 2023, two bills were introduced into the New York State legislature, State Senate Bill A1919 & State Assembly Bill S1854, to designate a state mushroom, in addition to a New York State plant(rose), tree (sugar maple), fruit(apple), animal (beaver),bird (Eastern bluebird), fish(striped bass), reptile (snapping turtle) and shellfish(bay scallop).93 The New York Mycological Society is campaigning for Lactarius peckii, or Peck's Milk Cap, because of its symbiotic role in the forests, supplying plants with minerals in exchange for sugars.94 92 See DEC webpage on State Protected Plants at.http.�� tnrww d c.n.y...ggy/ _rrp_m Is I13.a.o O.tlm.V, ".h.t.t.p:_:� ww.w si.hiv .xgm/ra. v4rs/ ./....: n.Y:s....._af i i_.i......p.l n:s...._g.n_d...._�.n_im_a.I.._ht.m.l. "NBC New York Ih. s: www.nbcnew orlk,.com news local ne�nr- oirl�-Ihas a state-animal)-new orlk has-a-state .......ll...........................................................u...................................L......................1....................I........................u......................................................................................................................... .................................................................... IPI r7:.::cru.Irk.- .:::imushroom.:: :::nex.t� See also HudsonValleyone.com Ih:tt.ln.s: h_udspnu ll.I .yank.:_ccs.irn. c.l<s.-im.II.Ic- a.p.:::iin..-tM_ .-ruin.iniing.-dor:.. 54 c. The Long Island Mycological Club has identified about 950 species of mushroom on Long Island.95 Checklists for spring and summer mushroom foraging are available on the Long Island Mycological Club website.96 d. Both oak and beech trees are excellent host trees for mushrooms. According to one mushroom-hunter's blog, "If given the choice between walking a path into a poplar forest or an oak-beech forest, choose the latter and there's a better chance you'll leave with a heavier bag... Another bonus of hiking an oak forest is that it's more likely to be more free of thick under-story and invasives, making spotting mushrooms easier... In the eastern US and many other parts of the world, Oaks are one of the most important fungal host and ally. Oaks are host to, among many other saprophytes (species that decompose wood) a number of edible and medicinal polypores including chicken of the woods, hen of the woods,black staining polypore,berkley's polypore, reishi, and turkey tail. Mycorrhizal species associated with oaks include chanterelle, black trumpet, bi-color bolete, old man of the woods, and indigo milky."97 e. According to MushroomExpert.com, many, many mushrooms are associated with white oaks. Mycorrhizal species include many species of Amanita,Boletus cf. reticulatus, Cortinarius torous, Hydnellum spongiosipes, many species of Lactarius, Paragyrodon sphaerosporus, innumerable species of Russula, Tylopilus rubrobrunneus, and many others. Saprobes decomposing white oak wood,bark, or litter include Aleurodiscus oakesii, Gliophorus psittacinus, Inonotus dryadeus, Marasmius sullivantii, Phlebia incarnata, Polyporis alveolaris, and Stereum Ostrea.98 9s North American Mycological Association.hut.t.ps.� narqu}rna„�argl I b,,,,,h,% u,I,ogDr;s... lh„ , ",h.t:t.p:s_.Is_ha_rrr_e....c_rn arses/Q.im.Yca rII::I....._clhe.ckI.i.s.ts.=.l. A Quercus Query a.k.a. Know Your Oaks ,ht.t.ps_: chickenm_u!slh.iraorr9s_. irdpass.,ca_rm./J. L.Y.-.:::�k.-..-lcnaw.-.ycu 98 Ihtt s: www.muslhroorr�ex ert.corm trees uercus allba.html :�:te t::::Man °f ��° man °f° �lmushroorns%20are p.......��.................................................................................p.................................. ...................../a...................................................................................................................................Y.......................................................Y..................................................................................................... .....J.Y7 ...sa...iia. .,.f... �o iQ�us%20ruk�roUrunnes%2��°?hand%2iman %2Clothers 55 f. Many mycorrhizal mushrooms are associated with the American beech tree, including Amanita banningiana, Boletellus pseudochrysenteroides, Boletus atkinsonii, Boletus rubellus, Cantharellus cinnabarinus, Craterellus cinereus, Cortinarius azureus, Cortinarius bolaris, Cortinarius corregatus, Cortinarius marylandensis, Cortinarius ophiopus, Hygrophorus discoxanthus, Laccaria amethystina, Lactarius gerardii var.fagicola, Russula pulchra, and Tricoloma subaureum. Beech-associated saprobic species include Cerrena unicolor, Climacodon septentrionale, Fomes fomentarius, Hymenoscyphus fructigenus, Mycena crocata, Mycena atkinsoniana, Mycena filiformis, Mycena capillaris, Phlebia incarnata, Pleurotus dryinus, and Pluteus lutescens. g. Mushrooms that grow on or under oak trees are some of the most popular types of mushrooms because they have a strong, earthy flavor and are often easy to find, and so are a great way to get introduced to mushroom hunting. A list of 17 mushrooms found near oak trees is provided by MushroomGrab.com:99 IMPACTS ON BUTTERFLIES a. Oak trees are arguably the most valuable host tree for butterflies because they support so many different species of butterflies. Over 500 species of showy moths and butterflies are supported by oak trees as a group. The species range from the hairstreaks like the Striped Hairstreak, Banded Hairstreak, Edward's Hairstreak, Red Banded Hairstreak, Mourning Cloak, White M Hairstreak, and duskywings such as the Horace's Duskywing, to the showier species like the Polyphemus moth, the Blind-eye Sphinx, and Rosy Maple Moth.ioo 11.h.tt. s_; rn sh.iro rn rah.n m lrm_uashroorn_s.::that:::grn:.y�...:u_nd_pIr- .l�.-:irec s ioo Save Our Monarchs http.s.:. /vr�nrw.saveou{irm_on__r hs.c rg b.l_ .g(hist-tlrees:: car.:s_u..pps rti:n.g.::: butterFliesf#°�°text:::0alcf��9 uercus% ! text ButLerfilies%20that%20coinsider%200al<%20�rees I�I�n2G F-1airsL ....................................................................................................................4...�.................................................. .................................................................................................................................................................................................................................................R..................................................... Ueal�`� �%?danc9f� �lorace"s°� C7r7uasl�vur..g. ...........................................................n..................................................................................................... 56 b. Oaks also support many moths that are an important food source for bats, birds, frogs, and other insects.101 c. Beech trees are used as food plants by the larvae of over 100 Lepidoptera species (order of insects including butterflies and moths).102 d. Both the American Beech(Fagus grandifolia) and native oaks (Quercus spp.) are in the 20 most valuable species of woody plants in terms of their ability to support wildlife, according to Dr. Doug Tallamy, cited above.103 e. The DEIS does not address the potential impact on NY State-protected butterflies.1 04 IMPACTS ON OTHER INSECTS a. The destruction of these acres of oak-beech forest will result in the loss of habitat for an estimated 24 million to 2.4 billion insects. The number of insects per acre of land has been estimated as 4 million105 to 400 million insects 106 per acre. A square meter of land may have 500 specimens, including young and adults. Even a small garden might have over 1,400 species of insects. b. Why are insects important? They start off the food chain. Plants convert sunlight and water into carbon, but it is generally in a form that other animals cannot use as food. Insects feed on the plants, converting the plant matter to food for birds, mammals. Insects most numerous in terrestrial environments such as forests. 101 h.0 .s:. ed eofthewoodsnurser .com trees for butterflies 1".1 htshe-natara:�e ...o gL.0.15/01109/ rnerican.beech.__. .l.: b. 2i los Blossom Meadow.com, citing Doug Tallamy's 2009 book"Bringing nature Home: How Native Plants Sustain Wildlife in Our Gardens.Timber Press. ht.t.p.._ bla,ssarrromead .crrn 2 ?a7( "'.hu: l2s.1�wwvu.:_d .:_!n.Y.....ggybnirn_aly7494.Ih:l!Tu.l. los From Brittanica.com. h.ttps.� �nrww.b.iritain.iniica_:calm./a_ni.im_a.l(ii_ns ct(U :istributiion..and..abundance ..........................ti................................................................................. 106 Ihtt beau tiifullnative laints.blo s ot.com 20].'7 0 insects are-wei hrt matter.lhtml Larry Pedigo and Marlin p.11................................................................0....................................g.....IP............................../..................... .......... .................................................................g.........Y....................................................... Y g Rice tell us in their textbook,Entomology and Pest Management,that there are 400 million insects per acre. 57 c. Insects are important for a variety of reasons including aiding bacteria, fungi, and other organisms to decompose organic matter and in soil formation, and pollinating plants. And, as described above, the larva of insects, caterpillars, provide a food source for other insects, for baby and adult birds, and animals. d. The DEIS does not address the potential impact on NY state-protected insects. AT LEAST NINE SPECIES OF BATS, NOT FOUR a. At pages x and 118, the DEIS states that there are twenty mammal species observed or expected to occur on the subject property, whose habitats would be destroyed. b. Of these twenty mammal species, the DEIS at page 130 says there are four bat species likely to be present at the site: Big Brown, Eastern Red, Little Brown, and Northern Long-Eared. c. Based on the use of ultrasound bat detection devices, at least nine bat species have been found on the north side of the neighboring Mill Road Preserve, less than 100' south of the SYC site, as well as from a neighboring property 10 feet north the SYC site.10' The nine species include all nine species known to exist in New York state. The additional five species detected not mentioned in the DEIS are the Indiana Bat, the Tri-Colored Bat, the Eastern Small-Footed Bat, the Hoary Bat, and the Silver-Haired Bat. d. In the period from May 6 through May 14, 2023, 4,388 bat echolocation calls were detected, of which 2,256 were auto-identified by the device's algorithms as belonging to one of the nine New York species, averaging about 225 positive species identifications per evening. In the period from May 16 onward, thousands more bat echolocation calls have been detected. Bat recordings will continue to be taken nightly, and we suggest that the DEC be brought in to verify the recordings. Details regarding the bat species detected and their numbers will be provided in a separate report. 107 Using Echometer Pro for iPhone and Echometer Touch 2 for Android, manufactured by Wildlife Acoustics Inc. 58 e. In just days so far, there have been thousands of bat echolocation calls that were not identified by species by the Echometers. They will require analysis by experts. In the state of New Jersey there are 10 known species of bat, the same as the nine in New York plus an additional species, the Evening Bat. The Echometer is limited to identifying only the nine species in New York, so we wonder whether it is possible that any of the unidentified bat calls may be from the New Jersey species. Bats can fly hundreds of miles. FIVE SPECIES OF PROTECTED BATS, NOT TWO a. The DEIS says two species of the 20 species of mammal, or 10%, are currently listed by NY state as Endangered(Northern Long-Eared Bat) or High Priority Species of Greatest Conservation Need (Little Brown Myotis /Little Brown Bat). b. However there appear to be at least 25 species of mammal (including the five additional bat species detected). So instead of four bat species expected at the SYC site, with two species protected by New York state, we detected all nine bat species known to exist in New York state, of which five are protected. There may be additional mammals not listed in the DEIS present as well,but we did not study them. c. The rare Indiana bat, on the federal Endangered List since 1967, was detected at the Mill Road Preserve and at the neighbors' site 10 feet from the SYC property seven times in a 10-day period ending May 16. This bat, associated with upstate New York, New Jersey, Connecticut, Massachusetts, Pennsylvania, and Midwest states, has not been previously thought to inhabit Long Island, and so its presence on Long Island, if confirmed, would be an important discovery. d. The Tri-Colored Bat was detected 22 times at the SYC site in the 10-day period. On September 13, 2022, the U.S. Fish & Wildlife Service proposed that the Tri-Colored Bat's conservation status be changed to Endangered.'08 (It is currently listed as High Priority Species of Greatest Conservation Need). There was a public hearing on October ...Federal Register h. p., ;: pub c-unslaecdon.Feder&eisteir.gov/2022-t.8852,ipdf 59 12, 2022; we understand from the DEC that the final ruling is expected in mid-September 2023.109 e. We detected the Little Brown Bat 81 times in the 10-day period. The U.S. Fish & Wildlife Service has announced its intention to upgrade the Little Brown Bat under the Endangered Species Act. "FWS has also indicated that it expects to issue a proposed listing decision regarding the little brown bat in the coming months." 110 Based on discussions with the DEC, it has not been decided yet whether to uplist the Little Brown to Endangered or Threatened status, and a final ruling is expected at the end of September, 2023. £ The Eastern Small-Footed Bat was also observed at the SYC site, and it currently has a status of High Priority Species of Greatest Conservation Need. g. Regardless of conservation status, all species of bats deserve protection. Bats are fascinating animals—the only mammals that can fly. While some people view them as rodents, they are more closely related to primates and humans. They have four fingers and an opposable thumb. They live long lives—Northern Long Eared Bats have been documented at 34 years and other species at 41 years. The conservation of all bats, regardless of conservation status, is encouraged by Cornell College of Agriculture and Life Sciences, New York State Pest Management Program. "All bats in the Northeast are insect-eaters, making them environmentally and economically important. They are good to have around." h. A letter to the Southold Planning Dept. written by Dr. Kristjen Mets"' on May 12, 2023 notes that the Northern Long-Eared Bat "eats mosquitos and local crop pests such as the European corn borer and corn earworm. Bats are even documented to eat the newly invasive spotted lanternfly, which will eventually reach the North Fork in the next few summers. The destruction of bat habitat will negatively impact the Long Island ecosystems and promote the further spread of mosquitoes and agricultural pests." 109 hu s: www.FedeUaVre aster. ov docu menu ?.6 22 09 �.� 0 .gg �. endan=eUed.and.-thirea�tened-wildlife�- .p.......��................................................................g.....................g.......... ................................................/......................./............/........../..................................................... ........................... ............................................................................................................................... ar dz..plant.s.:enda_u���r�d.:-sp��i�s.-stag:s.:��U::::tU.ica.l_�Ue�.:::lb�:t 11° h:t:t.p.s.� ww ne.:..ld_sp.bra.calm/_ alln_e: s/Fw.s.::Filn_a.li�r. s:::In.IIIb..-ua.IP L n� ..............r 111 Dr. Mets is a doctoral graduate of the Ecology and Evolution Department at Sony Brook University with extensive experience working in bat research and conservation. 60 NORTHERN LONG EARED BAT IS ENDANGERED, NOT THREATENED a. The DEIS is outdated. It refers to the Northern Long Eared Bat (NLEB) as Threatened. Its status is currently Endangered. At the Federal level, in November 2022, the NLEB, threatened since 2015, was reclassified as Endangered, effective March 31, 2023.112 Since the NY DEC will follow Federal designation as Endangered, the same status now applies for New York state purposes as of the same date.113 b. The DEIS is outdated in that it refers to restrictions that applied when the NLEB's status was threatened. Now that the NLEB has been listed as a Federal Endangered species, we understand that the restrictions on tree-cutting and habitat removal will become more stringent at both the federal U.S. Fish& Wildlife Service level and the DEC level. Since the changes are so new, they need to be studied further. c. The DEIS acknowledges that NLEBs were observed or expected within the SYC site's forest, forest edge, and successional shrubland habitats and over the wetlands and surface waters of Mattituck Creek. At page 129, the DEIS states: "The project site may provide habitat for these bat species during the summer months and migration periods in the spring and autumn. There is growing evidence that northern long-eared bat also overwinter on eastern Long Island, hibernating in human structures and foraging for winter-flying moths when temperatures exceed 4°C [39.2°F] (Hoff, 2019). During the summer months, bats are expected to forage within the site's forest, forest edge, and successional shrubland habitats and over the wetlands and surface waters of Mattituck Creek." d. The NLEB has been detected on the neighboring Mill Road Preserve using handheld bat ultrasound detection devices. Further studies should be done by qualified 11z hu s: wwvu.Fed!ejq!re inter. ov docua encs 2022 . . 30 20122 2x99$ endan eUed and-thireatened-wildlife.. .�.......��................................................................ ..................... .......... ................................................/......................./............/.......... ................................................... .......................... ............................................................................................................................... ar7_c�.-.trlrT.ts.:- n a.inrd.:-srecies.-std:tus.::Fair:::inrirheirn.:::lln. .- a_r .:: :t. 113 Ihtt s: www.dec.n ov ainiirnals 1�167].3.hrtrml#:—' text:::::*¢tri%2ONoverr�berf2029%2C%202 22 2C is%7.0effectiive .......��..................................................Y... ........... ................................/.....................................................................................................................................................................................................................................................................................R............................................................... %;1o.arch% C�3�.°f�2C��2o2023. .................................................................................................................................... 61 professionals. We urge the Planning Department to require qualified bat biologists from the DEC and/or the U.S. Fish& Wildlife Service to study and verify the presence of Endangered and protected bat species on the SYC site. DEIS INCORRECTLY STATES THAT NORTHERN LONG EARED BAT DOES NOT WINTER ON LONG ISLAND a. The DEIS concludes that the destruction of the coastal oak-beech forest would only harm the summer habitat of the NLEB, and not its winter habitat. b. The DEIS at page 131 states: "The site contains habitat that could be utilized by the northern long-eared bat (Myotic septentrionalis) during the summer months for foraging and diurnal roosting. The northern long-eared bat was listed as threatened by both the USFWS and New York State in 2016 due to population declines caused by white-nose syndrome (WNS), a disease caused by an invasive fungus that kills affected hibernating bats during the winter months. Northern long-eared bats roost during the daytime in cavities or crevices of living trees and snags (i.e., standing dead trees) or underneath loose or exfoliating bark. The site has large trees with loose bark, such as red maple and white oak, and potential for cavities in live trees or snags. Due to the northern long-eared bat's potential use of diverse upland forest types and the presence of large trees with loose bark, this species may utilize the site for foraging and roosting habitat in the summer months. The availability of summer habitat is not limiting for northern long- eared bat. Accordingly, loss of summer habitat is not recognized as a threat to the conservation of this species (USFWS, 2016); rather, WNS is the primary threat to northern long-eared bat within its summer habitats." c. We believe the DEIS incorrectly characterizes the NLEB as a migrating bat that only spends summers in Long Island and does not overwinter here. (DEIS at page 129 says they migrate in spring and fall). Upstate, they hibernate in the winter in caves and mines. They might make short migrations from the forest areas where they spend spring, summer, and fall, to the mines and eaves.114 These are not long migrations to warmer areas down south, as in the case of some birds. On Long Island, due to the scarcity of caves and mines, they winter over in sheds, attics, crawl spaces of houses, in the eaves of iia NY State Parks blog t p..o- n.ys s,. y0 � 2. l r.es. . dor embattled bats! 62 buildings, and in other structures. They seek places with a temperature of 40°F to 50°F and high humidity. Unlike some other bats, they do not form large clusters or colonies, so they can hibernate in small crevices. While they might not hibernate in the trees, they hibernate in nearby structures. Upon waking periodically from their hibernation during the winter(they wake up every 2-3 weeks during hibernation to obtain water), they would likely forage in the familiar summer forest areas. d. Summertime is a very vulnerable season for the NLEB, since that is pup-rearing time, the time they are raising their young, usually in trees. At the beginning of the summer, pregnant females roost in small colonies and each gives birth to a single pup. Maternity colonies of females and young generally have about 40 bats at the beginning of the summer.115 e. During the summer, male and non-reproducing female NLEBs roost during the daytime singly or in small colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees), choosing roost trees based on suitability to retain bark or provide cavities or crevices. They rarely roost in human structures like barns and sheds during the summer. DEIS INCORRECTLY DESCRIBES WHITE-NOSE SYNDROME IMPACT ON NORTHERN LONG EARED BAT a. As justification for cutting down deciduous forest habitat,the DEIS implies that the primary threat to the NLEB is white-nose syndrome (fungal disease), rather than loss of summer habitat. b. For Long Island,however, the opposite is true. 99% of the upstate populations of NLEB have been wiped out by white-nose syndrome, yet the NLEB populations on Long Island have remained surprisingly stable, even after the 2011 introduction of the white-nose its U.S. Fish &Wildlife Service Iht .s_/ :F�nrs„ ov sues deFu�ll Files dreuuvueruts 50$ NI...FCs%2C�f�c %7osheet. dF 63 syndrome, according to researchers such as DEC biologists Samantha Hoff and Casey Pendergast.116 c. The DEIS states that white-nose syndrome kills bats. (See DEIS page, 131, "The northern long-eared bat was listed as threatened by both the USFWS and New York State in 2016 due to population declines caused by white-nose syndrome (WNS), a disease caused by an invasive fungus that kills affected hibernating bats during the winter months.") The white-nose syndrome does not directly kill bats. This cold-loving fungus infects bats during hibernation, when the bats reduce their metabolic rate and lower their body temperature to save energy over winter. Hibernating bats affected by WNS wake up to warm temperatures more frequently."7 d. White-nose syndrome is so dangerous for bats because it causes them to awake from hibernation as frequently as every few days, versus every two or three weeks,possibly leading them to use up their fat stores and die of exposure to severe cold, dehydration, lack of insects to feed upon, or predation. However,NLEBs on Long Island appear able to survive even if woken frequently from hibernation, due to milder winter temperatures on Long Island than upstate. The NLEBs on eastern Long Island have even been documented as flying around in temperatures of 30° in the winter)18 White-nose syndrome appears to be prevalent in moist, cold caves like the ones upstate, and not in the hibernation places like houses, sheds or crawl spaces as found on Long Island. e. Winter temperatures above 45°F or 50°F allows certain moths, the main diet of these bats, to be available through the winter. Moreover, temperatures around 45° mean that some of these moths remain stationary rather than flying, so they are easier targets for the bats. Also, the milder Long Island winter temperatures compared to upstate mean more availability of fresh water for drinking, so less risk of dehydration, and less risk of the bats freezing, being weakened, and being predated upon. So, while upstate New York NLEBs have suffered a 99% decline, mainly due to white nose syndrome, Long Island bats have been virtually unaffected by white nose syndrome. 116 Bat Conservation on Long Island and the Case of the Northern Long-eared Bat(myotis septentrionalis) .h::.p .11ww w:.yg u.lu_ .c u vua.clh?v"" 4CV::9.p�n.gSQM. and 2020 update Ih:�:ip..�.//vuw na.:_y ua.ua_I .:_ c im/�nra.l _h_?v A WT7�I::Y:(gl.. 1v National Park Service h.nps.��roww r7.p5.:.g¢v/ .ir.die:lis/vvrh s.-towh. .-ma se.:-syndr 118 I d. 64 £ Long Island's warmer coastal winter climate is even referred to by Hoff and Pendergast as a NLEB "preserve" within New York State, with Long Island having "huge" numbers of NLEB.119 The winter climate on Long Island is certainly much warmer than upstate. According to the U.S. Department of Agriculture Plant Hardiness Map, Long Island is in zone 7, with a winter low temperature of 0° to 5°F. There is anecdotal evidence that even Zone 8 plants (winter low temperature of 10° to 15°F) survive the winters here. In the remainder of New York state from Westchester north, the plant hardiness zones range from Zone 6 (winter low temperatures of-10° to -5°F) through Zone 3b (winter low temperature of-30° to -35°F) 120 OAK AND OTHER DECIDUOUS FOREST IS PREFERRD HABITAT FOR NORTHERN LONG EARED BAT a. The U.S. Fish & Wildlife Service defines suitable northern long-eared bat roost tree as "any tree>3 inches in diameter(at breast height) with cracks, crevices, exfoliating bark, and/or cavities/hollows that is within 1,000 feet of forested/wooded habitat. Although northern long-eared bat roosts are often dead or dying trees, live trees with defects are also commonly used. Northern long-eared bats have been reported to use over 35 roost tree species, but deciduous species are most frequently selected. Maternity roosts (roost trees used by reproductive female bats and their young) are typically higher-quality roosts (i.e., large-diameter, tall trees with peeling bark and/or notable defects and adequate solar exposure); however, compared to sympatric Indiana bat roosts, northern long-eared bat roosts (even maternity roosts) are often smaller, shorter trees with a higher degree of canopy cover and are more likely to be living."]21 b. According to the Bat Conservation Trust, "trees such as oak, beech and ash are particularly suitable for bats, but any woodland or tree has potential for a bat roost— 119 Bat Conservation on Long Island and the Case of the Northern Long-eared Bat(myotis septentrionalis) W !:.y u_I u_ .c Un a.tcbh?v"» 4�V::8.P..&n..g QM. and 2020 update h.LLn:s.:. ( vuvr.:.ye�u.Gu I .:_ rru/wgj�±_?:::::�C�UV::[:lll:yf��.. 121 USDA Plant Hardiness Zones h.tins./ Ipl rr N7 .ird.inns _rs.,uasd__..p luwvrw.Fvrs. env sites defa�allt fiilles do�umernts APPi NDl%%2.OIIt( PoLen Lia l%20northern%2.0l.on - 0.......��..........................................g........../................... .............................. ................./............................................... ..........................................................................................................................................................................................................g.. ea reds!20bat%20roost°1x20 trees.pdf ........................................................................................................................................... 65 especially if it has cavities in the trunk or branches, woodpecker holes, loose bark, cracks, splits." c. Oak trees are a preferred habitat for native bats due to the large number of native insects found on oak trees. In fact, oak trees and bats may have a mutually beneficial symbiotic relationship. "We know from other research that oaks and hickories are ecologically important, with acorns and hickory nuts providing food sources for wildlife and the trees acting as hosts to native insects. Bats use both oaks and hickories as roosts, and now we see they may be using them as sources of prey insects, as well."122 The bats return the favor to the trees by eating insects and reducing defoliation of the oaks and hickories. d. In California, they are planting oak trees in vineyards to increase the bat populations. The bats, in turn, eat insects that are damaging the grapes.12' Using microphones to detect bat calls, "the recordings revealed 11 species of insectivorous bats foraged within the vineyards and bat foraging activity was 1.5 times greater at the trees compared to open, tree-less areas within the vineyard. And the bigger the tree, the bigger the number of bats it attracted." e. The research done by Samantha Hoff et al 124 suggests that the reason for the success of the NLEB on Long Island compared to the rest of New York state may be due to the warmer winter temperatures that favor certain species of moth (Lepidoptera) that provide food for the bats when they emerge periodically from winter hibernation. As discussed earlier, oak trees host more species of Lepidoptera—butterflies and moths - than any other tree species—up to 950 species. 122 Earth.com Ih.tt s.11..nrne.:_��irll�_.Calrv.../ne La.�s.:.lpig�Lp t.::: ... -tirees-ffr.........q dai.. e� ... University of California, Division of Agriculture and Natural Resources Ih:r:rps: uta aru.r.._edu�./bV_e��s�k�Ipgc�U��.I�_�s.td�.tai.l_.�fm?.pc�s�.�ua_um..''3_1:_1.:66. ...See the Seatuck.org webpage for links to two video presentations on Northern Long Eared Bats at Irl:t:tits.A sea.uac ,.ara.irg/llii-na.t..uiral.-hitstoirlC::.�p_r7faxr�na or on YouTube at Samantha Hoff, 2019 Bat Conservation on Long Island and the Case of the Northern Long-Eared Bat .h:t:t.0.:�_;ffyuw�n!::.Ye�g.tu_la.cprrn/�nra:th v"» 4II::�.pnS7_IM�. or Casey Pendergast, 2020 update atInt.t.ps_.1unrtnrw,,.yp.tu .cuvrvra.to_In?v.:: Y7 /1::7.1..yfl. 66 f. More recent research from Casey Pendergast,NYS DEC Region 1 (Long Island) 125 suggests that the bats on eastern Long Island emerging from winter hibernation due to white-nose syndrome are eating not only moths of the Order Lepidoptera but also insects of the Order Diptera126, that is, flies. Flies are known to inhabit oak trees; one study in Norway found that out of 6,800 specimens comprising 722 insect species found on 24 oak tree canopies,half of them were Diptera. g. Other sources confirm that forest is a preferred habitat. "Northern Long-Eared Bats prefer to roost in tall trees with a dynamic forest structure including old growth and some young trees. Northern Long-Eared Bats commonly forage within the forest and below the canopy mainly in upland forests on hillsides and ridges but have also been noted to forage along paths, ponds, and streams, and at forest edges. Foster and Kurta (1999) found all roost trees to be close to wetlands."127 According to the DEC, "NLEB are primarily forest-dependent insectivores. They utilize a diversity of forest habitats for roosting, foraging, and raising young. In general, any tree large enough to have a cavity or that has loose bark may be utilized by NLEB for roosting or rearing young."128 h. On Long Island, a 2011 Brookhaven National Lab study of four eastern Long Island locations confirmed the bats' preferences for oak forests. The study involved researchers taking readings of bat calls, using mobile acoustic equipment to identify the bat species. Three locations were in the Pine Barrens, and one was on Sound Avenue on the North Fork. The study involved driving a 20-mile route at 18-20 miles per hour, at a half hour past sunset, with the acoustic monitoring equipment on top of the car. Each route was traveled four times. The Sound Avenue route started around Edwards Avenue in the west, going east past Route 105/Northville Turnpike and continuing east past Mattituck Inlet to Elijah's Lane, turning north up to Oregon Road, travelling east along Oregon Road, and then proceeding south down Cox Lane back to Sound Avenue. 1zs Long Island Natural History Conference,April 28, 2023,at Suffolk County Environmental Center, presented by Seatuck Environmental Association,rnrtnrrseaauck.cr_Ug 126 Wikipedia Ih_I:!:K .� !2.. ikq.p: .i_a..:. 121 Wisconsin government h.1pi inir::wi.:.gcrv/ 128 Ihtt s: www.dec.n ov ainiirnals 1067].3.hr�nnl#:—'text:::::*¢tri%20Noverr�ber%2029%2C%202dJ22%2C is%20effectiive p.......��.................................................Y...g........... ................................/.....................................................................................................................................................................................................................................................................................R............................................................... %2.Ol�arch%203 .................................................................................................................................... 67 i. Out of a total of 163 bat calls detected, about 77% or 126 were from Big Brown Bats. Only one was from the Northern Long-Eared Bat. Ten were of unidentified species within the Myotis genus (which could include the Northern Long-Eared, Little Brown Bat, Indiana Bat, or Small-Footed Bat). The locations where the bats were found were as follows: • 41% Oak/pitch pine forest • 18% Oak forest • 15% Grass lawns • 11%Pitch pine forest • 10% Pitch pine/oak forest • 4% Grassland • 1%Agricultural j. Oak forest, or oak/pitch pine, accounted for 59% of the bat readings. Another 10% of the readings were in pitch pine/oak forests, for a total of 69% of the sightings involving either pure oak forest or a mixture of oak and another species. Straight pitch pine forest areas, by contrast, only had 11% of the bats. A similar study conducted the following year returned almost identical results in terms of species. Neither study broke out the detail for each of the four locations. k. Older, not-previously-deforested, late successional forests (100 years old or older) are preferred for the NLEB. "At summering sites, the presence of northern long-eared bats is correlated with the availability of features most often found in older forests generally those comprised primarily of trees 100 years old or older such as uneven forest age, a multi-layered canopy, single and multiple tree-fall gaps, standing snags and abundant woody debris. There is no evidence that the species absolutely requires primary (never logged) forest habitat, but its presence and activity level is consistently highest in forest stands with late-successional characteristics, which the species may favor for the large, partially dead, or decaying trees on which this bat relies for rearing young, and which 68 males and nonreproductive females use as day roosts. Older forests may be preferred for foraging, as well. ,129 1. With its tall trees, deciduous and oak forest structure including old growth and young trees, and location close to wetlands, the SYC would appear to be a good habitat for these endangered bats, which should not be destroyed. The DEIS's mitigation proposal to cut down and remove trees only in wintertime to minimize actual killing of this endangered species ignores the fact that acres of its habitat would be permanently lost altogether. TRI-COLORED BAT PROPOSED TO BE UPGRADED TO ENDANGERED a. The Tri-Colored Bat, with a current DEC status of High Priority Species of Greatest Conservation Need, is native to eastern North America and has a unique blond colored fur. It was listed as an endangered species in 2012 in Canada, and has been petitioned for inclusion on the U.S. endangered species list. During the summer, the Tri-Colored Bat will roost in tree foliage or buildings, with females alone or in maternity colonies of up to thirty individuals. Trees used for this purpose include oak, maple, the eastern cottonwood, and American tulip tree. 130 b. As mentioned above, on September 13, 2022,the U.S. Fish& Wildlife Service issued a Proposed Rule that the Tri-Colored Bat's conservation status be changed to Endangered. There was a public hearing on October 12, 2022; we understand the final Ruling would be effective in September 2023.131 LITTLE BROWN BAT TO BE UPGRADED TO ENDANGERED OR THREATENED a. The Little Brown Bat, like the Tri-Colored Bat, currently has a DEC status of High Priority Species of Greatest Conservation Need. The U.S. Fish & Wildlife Service will 129 Center for Biological Diversity It.pt ./ www.b.%o g iraIdiv rsi:ty..2rg .s.lp r.% s rr arru_rrua_Is/n_a.r.0r rn......l u�.g. .r d....._b t/rope ra_V...._bi. ory btmi 130 Wikipedia,h:.fps_;(( n_.nril<i.p c.iia.:_oirgIwilkii./firi_collored'...._bat 131 hrt s: vvwtnr.freese.corn I�ovu tl�e trucoVored I a1 federal Vi.stin co�aVd aBFect ouar ro'ect .p.......//......................................................................../...........................................................................................................................................................g..........................................................V..................kp..........1............./.. 69 propose to uplist this bat to Endangered sometime in 2023.132 We understand from the DEC that it may be uplisted to Threatened not Endangered and the decision is expected in September 2023. b. In 2010, Frick et al. predicted a 99% chance of local extinction of little brown bats by the year 2026. They also predicted that the pre-white-nose syndrome population of 6.5 million individuals could be reduced to as few as 65,000 (1%) via the disease outbreak. Despite heavy declines, the species has avoided extinction in the Northeast through the persistence of small, localized populations.133 This is all the more reason to protect the habitats of the small populations where they do exist. 30-YEAR OLD DATA USED TO DETERMINE IMPACTS ON AMPHIBIANS a. The DEIS at page 130 says that"The New York State Herpetological Atlas provides known records of reptile and amphibian species from 1990-1998 for each 7.5-minute USGS topographic quadrangle within New York State. The expected reptile and amphibian species listed in Table 5 in Appendix N are based on the Southold,NY quadrangle." Based on this, the DEIS at page 130 lists three reptiles and amphibians as likely inhabitants of the SYC site: the Redback Salamander, Eastern Box Turtle, and the common Garter Snake. The latter two were observed at the site by the DEIS consultants. b. The data from the NY Herpetological Atlas is between 25 and 33 years old and has not been updated recently. Animal ranges can shift, increase, decrease, and move in that period. The data reported 6 species of salamander with distribution on eastern Long Island are: I. Marbled Salamander(Ambystoma opacum) 2. Spotted Salamander (Ambystoma maculatum) 3. Eastern Tiger Salamander (Ambystoma tigrinium) 4. Red-Spotted Newt (Notophthalmus v. iridescens) 13z Ih:tt s.;� ww.:..ld_s .bra.cairn/II_ Iln vus/Fws.::Filn_ahzes.-in11eb-uajp.ljstin .-ain_d.:6 ._. / See also Ihtt s: w�nrw dsu ra corn Ile aliners Fws ro oses ua IlisLirr inorthern Ilor7i929 .......��..........................i................ ............................./....... ............................../.................... ..........i ............................i .................... .......................................................... ........................................� 133 Wikipedia.h::.?s_� _n_: ilci.pe�9.oa.,aU ( i_OC'u./II.i.tLOe...._b:ro u�....._ba:t 70 5. Northern Redback Salamander (Plethodon cinereus) 6. Four-Toed Salamander (Hemidactylium scutatum) c. Orange colored salamanders of an unknown species have been observed in the last few weeks at Bailie Beach under rotting logs. d. The Eastern Tiger Salamander is listed by the DEC as an Endangered Species. The Marbled Salamander is listed as a species of Special Concern. The Four-Toed Salamander is listed as a High Priority Species of Greatest Conservation Concern. 134 e. In New York, the Endangered Tiger Salamander is found only on Long Island with most of the known breeding colonies restricted to the central Pine Barrens. In the absence of natural pools or ponds, it may breed in man-made depressions filled with water.'31 Since the salamander spends most of its life underground, it is hard to know for sure whether the Eastern Tiger Salamander is present at the SYC site. a. Marbled Salamanders, a species of Special Concern, are found in or around deciduous woodlands. However, water or moist areas are usually close by. These salamanders prefer dry, sandy-soiled habitats and even rocky slopes, but they also may be found in wet, swampy soils. They usually hide under rocks and logs on wooded slopes.'36 They breed on land and are also found in vernal pools.'31 Since they move around only at night, it is possible that there are some Marbled Salamanders in these sandy-soiled, wooded areas. b. Four-Toed Salamanders are found in both moist and dry woodlands, as well as in wooded swamps. Preferred sites include sandy, acidic deciduous woodlands adjoining red maple Ih:tt.ps.� naw�na.:_de ...n.Y .a.iniirn_.Is/1 .Ih.tm.J. 131b:r:rps.J www.:_d .:_!.Y:.g.gdja_�ru_!�_.I:s(_r1:43.lh:l!1 l 13eConnecticut Department of Environmental Conservation fi.ps.:.��prl.p:t...gry/ FIE F'/Vt(iV_dl.oft.:. 5lhepts./ rbJ_pA- Salarnar7der#.— text:::::i-Nabiitat%20and%2.ODiet%3A%2.OIMairbl ed%2.Osallamar7deirs and%2.Olo s 20oin%7...Otnrooded% ..................,...........................................g.............................................................................................. 13'New York Natural Heritage Program ,ht.t.p._; u.ides:_n_ynlh.Ip..oIrg�Y pool #.`�.text:::tleirnaI%0 ooV%20gm huibians%20include%20s otts d wood%20fUo.%20 R na%20s Vvatica . ............. ....................................................................................Ip.............................................?......................................................................................................I................................................................................g...................4............................................Y............................. 71 swamps.138 Based on this habitat description (sandy, acidic, deciduous woodlands), the SYC could be a habitat for this High Priority Species salamander. c. The DEIS doesn't provide much commentary on these salamander species. Due to the potential presence of these NY state-protected salamanders, more detailed and current research is necessary. EASTERN BOX TURTLE, DEC SPECIES OF SPECIAL CONCERN a. The DEIS lists the Eastern Box Turtle or Woodland Box Turtle (Terrapene caroling carolina) as one of the species of reptile observed at the SYC site. The DEC lists this as a species of Special Concern in New York.139 b. Eastern Box Turtles can live from 50 to 100 years old. They used to be relatively common, but their numbers are dwindling. c. The DEIS at page 132 says: The Eastern box turtle (Terrapene carolina) may be found in a wide variety of habitats including in open deciduous forests, woodlands, forested bottomlands, open field and field edges, thickets, marshes, bogs, and stream banks. Eastern box turtles are expected to be found in any of the vegetated upland habitats on the site. Eastern box turtles are threatened by development of their habitat, mortality on roadways, mortality from mowing of lawns and early successional habitats, and collection as pets. d. Loss of habitat is probably the greatest threat to turtles. Some turtles may be killed directly by construction activities, but many more are lost when important habitat areas 1311 Connecticut Department of Environmental Conservation fir.hips.��.pprt�V �.t.:.�p�r/f�FF�/ p.l_dV.il91��c..-. Iheets/V ouar-Loed.. .......................................................................... Sala mander#.—:text:::::1liabi Lat%20arid%2ODiet%3A%201 ouir!°2DLoed woodlainds°f°2C1ad°oinin f°gored%poma le%213 1..................... .................................................................?........................... svWr�_m.ps. 139 Ih_r:r.l2..��.vvw nr.:_d .:_!.Y:. .pv�p_u u_m_aIV7494.lh:trnl 72 for shelter, feeding, hibernation, or nesting are destroyed. As remaining habitat is fragmented into smaller pieces, turtle populations can become small and isolated.141 e. The DEIS at page 141 says that 6.05 acres of habitat would be destroyed outright. Remaining acreage would be degraded, due to forest edge effects and fragmentation, as described earlier. As mitigation, the DEIS proposes the following: "Potential adverse impacts to eastern box turtle would be avoided or minimized by conducting sweeps or surveys for box turtles prior to commencement of clearing, grading, and excavation activities, and relocation of any observed turtles to on-site areas that would not be disturbed. Silt fencing or other barriers would be installed around work areas to prevent turtles from returning to construction areas." £ We consider this mitigation ludicrously inadequate. In the winter, from October to April, box turtles hibernate, or more correctly, brumate,141 by burrowing into loose soil, decaying vegetation, tree stumps, or animal burrows. In other words the turtles would be hidden from view. Their winter burrows, called hibernacula, are usually at least six inches deep,but can be as much as two to three feet deep, particularly if they re-use existing animal borrows.142 Therefore "sweeps" conducted by merely walking around on six acres will be ineffective. g. Elsewhere in the DEIS, it is proposed that trees are cut down and removed only in winter, out of concern for the Northern Long-Eared Bat. So, if tree-clearing and soil-removal activities occur in the winter to protect the Northern Long-Eared Bat, there is a high risk 140 Connecticut Department of Environmental Conservation .h...r.t....t..gy .ii..l..d......l.l.i..f...e..../....f..=..a.....c....t....- ... Slheets/IE::as�ern Box-Turtle .............................................................................................................. 141 hu s.� ww ropbsroca r.gz/ Ica,s�s�i n its.:::brumaLion...tune:::for.ou_r.avorite..tur.�.gZ Brumation is a winter cool- down which allows the turtle to survive when food is scarce,and temperatures are lower.Turtles burrow into soft soil and enter a period of sluggishness, inactivity, and torpor.They live off stored fat and their metabolism slows but they can still move around if needed. 142 Ih:ttps.;� www.::tua.irtle.lhollic., pian./ Ih_y::: eac.::turtl_ .::. di in :—' text :Eastern%20box°f20LUrtlles%2C%20for%20iiristarrce°�2.0%20are°f>201 r owry% Ota bottorn�n2.0off� t t..........g/.........................................................................................................................................................................................................................................................................................................................................................................................,........................................................................ 0 ours/320habitaG%2C%U20 rovided%t2C1'uta/>E21$019 s%20inot%20outdoors. 73 of brumating Eastern Box Turtles being killed, because they will be underground and undetectable. h. Even when not brumating in the winter, the Eastern Box Turtles hide under loose leaf litter, or in burrows, again up to 2-3 feet underground, to escape from the summer heat and to sleep comfortably at night. 143 They wait patiently out of sight and come out to walk around only when the weather is good. In the hot summer, they are active only at dusk and at dawn, except for egg-laying females. So, it is unlikely that"sweeps" for the turtles would be effective in finding them, even in non-hibernating months. i. Also, the DEIS at page viii and page 18 says that Eastern Box Turtles found during the "sweeps"would be relocated to other areas not impacted by construction, and that "Silt fencing or other barriers would be installed around work areas to prevent turtles from returning to construction areas." This is not an acceptable solution as it ignores an important aspect of Eastern Box Turtle behavior. Box turtles have a limited home range where they spend their entire life,ranging from 0.5 to 10 acres (usually less than 2 acres).144 Turtles spend their entire lives—which can span over a hundred years—in one small area and, if moved, they will spend the rest of their life trying to get home. That means crossing through unfamiliar territory and often dying in the process.145 ENDANGERED AND THREATENED SEA TURTLES a. Not mentioned in the DEIS are the five species of sea turtle that live in Long Island Sound: Loggerhead, Kemp's Ridley, Green, Leatherback, and Hawksbill. All five species are listed as either endangered or threatened under the federal Endangered Species Act. Leatherback and Kemp's ridley turtles are listed as endangered, while Green, Loggerhead, and Hawksbill turtles are listed as threatened. 143.h r:rps://r rr:tjl _s pveac um./ca_Ue/t.ia_r:tVes/ea_st Urq::: I�oxff: :test:::ll%70hides°!°noun/°2oburUo s%70to°f oesca e!° o�rom%2othe tof°2oFuVl %�ocVose`l�Qits%20sheH% p.............................................................................R.........................................Y................................................................................................................. 2 fga.r"r,.7 extra_%2OPr . c.tic�r9.. 144 Connecticut Department of Environmental Conservation h. ps.��.p rt l.::cl.:. v/SIE_G"If� illd'.I.ilfe F ct.-. Slhe is/If s_ rn....Box.-. hurtle#° :textA .......2..oiis%20restricted%20to%20morniri ......as.u.....a.....l...l. ........ ......................%.......2.......t...han%202%2oa.c.....r...e:: v .f ............................................................................................................................................. 62s.......... .............................................................. .....s....). 141h:t_t s ./ www.:.. bsnc.or kilo s science 'uts karuaimatiion tiiime for our navor'ute iurtie 74 b. For NY DEC purposes, the Kemp's Ridley Sea Turtle, the Leatherback Sea Turtle, and the Atlantic Hawksbill Sea Turtle are all listed as Endangered, the highest level of conservation concern. The Green Sea Turtle and the Loggerhead Sea Turtle are listed as Threatened.146 c. The Kemp's Ridley, an Endangered Species, has often been found in the Mattituck area both east and west of Mattituck Inlet. In 2016, five cold-stunned sea turtles were found within a few days at Bailie Beach.147 Since turtles like warm water, it is very possible that they might swim deeper up Mattituck Inlet near the SYC property. d. Long Island Sound just offshore from Mattituck Inlet is actually a hotspot for sea turtle activity. See the below map from the New York Marine Rescue Center, Riverhead, NY which shows the unusually high concentration of sea turtle sightings in L.I. Sound near Mattituck Inlet.148 M 146 See DEC webpage,Sea Turtle of New York.hgp _;/ n w d r . vc_ .y:gev a.in.iir als/117,3_ 4Ihtt .s.:. .....uffollktiimes.tiimes.reviiemi...co... ....gl...6 0 . v -cold-stunned...sea..:turtles...was.lh....0.2 ] F ................................................................................................................m ................................................................................................................................................. m .i..t....u.....c.....l.<...-...b.....e......a.....c.....h.....e.....s... /.. 14a New York Marine Rescue ltdps..�/E.Ymarin�erescue.or / 75 e. The increased artificial lighting of an expanded SYC can also imperil the endangered sea turtles. Lighting near the shore can cause hatchlings to become disoriented and wander inland, where they often die of dehydration or predation, or get run over or drown in swimming pools.149 "Sea turtle hatchlings have an inborn tendency to move in the brightest direction. On a natural beach, the brightest direction is most often the open view of the night sky over, and reflected by, the ocean. Hatchlings that crawl toward artificial light sources are following the same instinctive response that leads them seaward on naturally lighted beaches. The apparent brightness and glare of artificial lighting leads hatchlings astray. To a hatchling on a beach, an artificial light source appears bright because it is relatively close by, yet it is not intense enough to brighten the sky and landscape. The resulting glare makes the direction of the artificial source appear overwhelmingly bright-so much brighter than the other directions that hatchlings will ignore other visual cues and move toward the artificial light no matter where it is relative to the sea."150 £ Lights onshore also discourage females from nesting. If a female fails to nest after multiple false crawls, she will resort to less-than-optimal nesting spots or deposit her eggs in the ocean. In either case, the survival outlook for hatchlings is slim.'51 IMPACTS TO VERY RARE MARITIME CEDAR FORESTS FROM SUPERSIZED YACHTS a. We understand that there is a stand of Maritime Cedar Forest along the east side of Mattituck Inlet near Bailie's Beach, that has been suffering from the effects of erosion, in part due to the wakes and waves generated by supersized yachts. 149 Sea Turtle Conservancy.t.p ..// anservu tuartles. r: /i_r�fi rrru %a_n..sed.::Ru Utl s.:th_r ..s.: rtp:i u l.:::li.gh.u_ra�1. Iso Florida Fish and Wildlife Conservation Commission Ihgprj//m.yF�nrc.. rm/r s ar h/ ill_ Lii e./s turtles/threats/arti�iciall- II'i htin #°�°text:::::Wlrr % .odo% oartiiFicia1 2 lii ht%2.t�soulrces�nrhat°�°�Qoften°f>?oleads%�.ohatclhll s%20astra . ................. /........................................................Y........................................................................................................ ................................o...............e.s.P....................................................................................................s.................................................................................................. 1s1 Sea Turtle Conservancy t.pp ..// onse1vetuarties.or information sea--b.a_rtles- h_rea.�s.art'u:�ic.al.:::li.�h.t'u_ruI(, 76 b. Maritime Cedar Forests are rated S-1, the rarest of the rare NY forests, by the 2020 New York State Forest Action Plan 152 and the New York Heritage Program.153 As stated in Appendix D of the Forest Action Plan, "Forests ranked S I through S3 are considered rare in New York, with those ranked S 1 being the rarest and/or the most vulnerable to various stressors." c. Further study is need as to the existence of this potentially extremely rare Maritime Cedar Forest, which apparently only exists at a"very few"locations in New York State. The only two known locations in New York listed in Appendix D are Orient Beach State Park and Fire Island National Seashore. d. Also, the potential impact of larger yachts needs to be studied. WHY IT IS IMPORTANT FOR SOCIETY TO PRESERVE BIRD (AND OTHER WILDLIFE) HABITATS a. An often-cited New York Times article headlined Birds are Vanishing from North America states: "The number of birds in the United States and Canada has declined by 3 billion, or 29 percent, over the past half-century, scientists find...The skies are emptying out. There are 2.9 billion fewer birds taking wing now than there were 50 years ago. David Yarnold,president and chief executive of the National Audubon Society, called the findings "a full-blown crisis.""154 b. The study upon which the article is based,published in Science, the world's leading scientific journal, conducted by researchers at seven institutions, show that birds in every ecosystem were affected, including songsters Eastern and Western Meadowlarks (down by 139 million); favorite birds at feeders, such as Dark-eyed Juncos (down by 168 million), and sweet-singing White-throated Sparrows (down by 93 million). The National Audubon Society projects that isz New York Department of Environmental Conservation, 2020 New York State Forest Action Plan,Appendix D: New York's Forest and Woodland Community Types www.:_den.:_!.Y:.gaad d ns V n_d ....:trsr. s.s......pol n_Y:: .P :.P..dl. isa New York Natural Heritage Program htt.i25.°:�� u.ides.n.yn.lh.ip gji g ima.iri:tii.irn .::.ired...cedair::l a.ir s:t/, ssa The New York Times, by Carl Zimmer,September 19,2019 :t:tps.;� wr w.:_n.. tiiimes.coim 20 .9 09 1.9 science P iirc8 0 Mations arrueUiea canada.htmi 77 at least eight states could see their state birds largely or entirely disappear from within their borders. The New York State bird, the Eastern Bluebird, is no longer a common sight. c. The survey of more than 500 species revealed steep losses even among such traditionally abundant birds such as robins and sparrows. The scientists concluded that the disappearance of common species within a single human's lifetime indicates a general shift in our ecosystems' ability to support basic birdlife. d. The NY Times article says "There are likely many causes, the most important of which include habitat loss... When habitat disappears, all the birds that live there lose their homes. Habitat loss occurs when land is converted for agriculture, development, resource extraction, and other uses. Habitat degradation is a second cause of losses. In this case,habitat doesn't disappear outright but becomes less able to support birds, such as when habitat is fragmented, altered by invasive plants, or when water quality is compromised." Other bird losses are due to cats (domestic and feral), windows, vehicles, industrial collisions, and the direct and indirect impacts of pesticides. e. The findings signal something larger at work: "This is the loss of nature." ..."Declines in your common sparrow or other little brown bird may not receive the same attention as historic losses of bald eagles or sandhill cranes,but they are going to have much more of an impact," said Hillary Young, a conservation biologist ...Even starlings a species that became a fast-breeding pest after its introduction to the United States in 1890 have dwindled by 83 million birds, a 49 percent decline." f. There are a few happy exceptions. Bald Eagles and Osprey are increasing, for example, and falcon populations have grown by 33 percent. Waterfowl are on the upswing. The reason for these isolated increases is that many recovering bird species nearly wiped out in the last century by pesticides,hunting and other pressures, are bouncing back thanks to conservation measures such as banning DDT. g. A study conducted by a National Audubon science team in 2021 found that stewardship and management is essential to helping coastal birds thrive. At 400 beaches and islands on the Atlantic and Gulf coasts, Audubon staff, chapter leaders, and volunteers serve as bird stewards who engage their local community to protect birds as they nest, raise their young, 78 and spend their winters. Bird stewardship differs in each community and for each type of bird—and can include fencing to prevent beachgoers or dogs from entering a nesting area. The authors found that the populations of four species of vulnerable coastal birds grew 2 to 34 times faster at stewardship sites, compared to birds in protected areas without known stewardship. Those four species—Piping Plover, Least Tern, Black Skimmer, and Brown Pelican—have increased since 2007 at stewardship sites, but have decreased, or increased more slowly, at protected and/or unprotected areas. North Fork Audubon Society has been partnering with Southold Town to monitor and protect the first three of these four species, which live on the Town of Southold's beaches and are on the DEC's Endangered or Threatened list. h. We need to be more mindful of birds and the potential extinction of species. Remember that the passenger pigeon, the once most numerous bird on the planet, became extinct at the end of the 19th century within about 20 years. WHY GOVERNMENTS SHOULD PRIORITIZE PROTECTING NATURAL HABITATS a. First, it is what the people of Southold Town want. Conserving bird habitats is what the people of the North Fork desire and prioritize. Access to beautiful natural environments are among the main reasons people move to the North Fork or want to remain here. b. The North Fork Civics, a coalition of seven North Fork Civic groups including East Marion Community Association, Mattituck-Laurel Civic Association,New Suffolk Civic Association, Southold Peconic Civic Association, Cutchogue Civic Association, Fishers Island Community Board, and Orient Association, conducted a survey in fall of 2022 surveying residents about what they valued about their hamlets, and their priorities for the future.155 Over 1,000 people responded. An overwhelming majority–about 95% - said their top priorities for Town government were preservation of natural habitats, rural character, farms, and open space. This indicates a strong belief that Southold Town should continue to work to preserve land and step up efforts to limit over-development. iss Ihtt s: nffcivlcs.or tl�e-inortlh-ffcarlk..civiics-annouri�ces-results-ffrorn-Lown-wiide-surve -off rioritiies-and-concerns- .......��........................................... /.............................................................................................................................................................................................................................................................................Y................ ................................................................................................. of. -to�n n-residents/ 79 c. As of the date of this writing, a local group called Save Mattituck Inlet has gathered over 3,400 signatures on a petition on their website in opposition to the SYC project. d. Forest and habitat preservation aligns with New York State policy. Goal #1 of the New York Forest Action Plan is to "Keep New York's Forests as Forests". "The Plan's first overarching goal supports all three National State &Private Forestry (S&PF)Priorities. Our strategies to enhance New York's stewardship efforts for sustainable forest management and to regenerate forests all help New York to "conserve and manage working forest landscapes for multiple values and uses." Our efforts to protect forests through a variety of tools (purchase of lands and easements, partnerships, research, community forestry, etc.) all "protect forests,from threats" such as fragmentation, conversion, and loss of native biodiversity. "Enhancing public benefits from trees and forests" is inherent in every strategy and is explicitly developed in the subsequent three goals of this Plan." e. Why should governments care about birds? The American Bird Conservancy, on its webpage Why Bird Conservancy Matters,156 says: Governments seek prosperity; prosperous communities, economies and environments are central to their missions. Bird conservation can help to achieve these objectives. Birds contribute to human health, improve agricultural production, generate millions of dollars in ecotourism revenue, and serve as indicators of environmental well- being. However,North America alone has lost 2.9 billion birds, or one in four birds, since 1970. These trends parallel bird declines globally. This great loss of birds, primarily caused by habitat degradation, negatively impacts human and ecosystem health. Reversing these declines can be achieved by actions to improve livelihoods, create economic opportunities, and restore degraded ecosystems at a landscape level. In this 156 https://storymaps.arc,,is.com/stories/1f43c77ddfbd4b94bdlbb3af3d99d842 80 way, bird conservation can help to achieve global sustainability and conservation objectives. Mainstreaming the conservation of birds and their habitat in the design of governmental policies, subsidies and incentives, development programs, and conservation projects can contribute to goals aiming to improve people's lives,health, communities, sources of income, and environment. f. What are the specific benefits that birds bring to a community, a society?157 1. Natural areas generate an economic premium. Protected habitat and the birds using it enhance property values. 2. Birds improve agricultural production and revenue. 3. Birds contribute to humans' physical, mental, and emotional health. High quality bird habitat has been linked to human health. 4. Bird habitat protects public infrastructure. Protecting coastlines and wetlands benefits people and birds. 5. Natural areas provide clean air and water. 6. Birding tourism generates billions of dollars in revenue. 7. Birds help countries meet global conservation obligations mandated by the United Nations and other global organizations. g. Healthy watersheds provide ample opportunities for fishing, boating, swimming, hiking, biking, wildlife viewing and ecotourism. Over 30 million people in the U.S. fish recreationally and these anglers generate approximately 1 million jobs and over$45 billion in retail sales annually (Southwick Associates, 2008). Overall, the outdoor recreation industry contributes $646 billion annually to the economy, supports 6.1 million jobs, and generates $79.6 billion in federal and state tax revenues (Outdoor Industry Association, 2003).'58 117 More detailed information can be found in the American Bird Conservancy's website or on the North American Bird Conservation Initiative's(NABCI) Shared Outcomes for Birds and People: Relevancy Toolkit 2.0..h.1.12 1/In__ :i... us.or w conteint a loads 2.02.1 0r. Burd Conservabon and Human Values . 01..20..21. df g/........0...................................../........0....................... ..................... ........... ....................................................................................................................................................................................................................... ......... iss Environmental Protections Agency(EPA), Benefits of Healthy Watersheds 1h112 .1/tnr nr., .pa.. pv(Ihw.p./b rr_e iias.- h_e _I.th. .-thea_ter_sheds 81 h. Housing near healthy watersheds has higher property values than those in or around degraded ecosystems and impaired waters (Maine DEP, 2005).159 i. People are more likely to exercise if they have easy access to recreation areas like parks, trails, greenways, and forests. People who exercise regularly are generally healthier, have fewer insurance claims and spend less time in hospitals, thus their societal health care costs are lower(US NPS, 1995)."') j. Listening to birdsong has even been documented to improve people's moods.161 ADVERSE ENVIRNMENTAL IMPACTS CANNOT BE ADEQUATELY MITIGATED a. The coastal oak-beech forest is rare and irreplaceable. No amount of money or the passage of time will make up for this loss. Oak trees can take 100 years to attain maturity and can live to 600 years old. b. The many acres of forest habitat for the Endangered Northern Long Eared Bat and numerous other bird, plant and animal species, if destroyed, are irreplaceable. c. The SYC's own consultants recognize the ecological importance of Mattituck Inlet and Mattituck Creek. At page 7 of the Ecological Conditions Impact Analysis, it states: The tidal wetlands and beaches of Mattituck Inlet are designated as a Significant Coastal Fish and Wildlife Habitat by the New York State Department of State (NYSDOS, 2005). Mattituck Creek is designated as a Significant Coastal Fish and Wildlife Habitat, in part, as it is one of few or rare undeveloped tidal wetlands in eastern Suffolk County with a deepwater inlet and strong tidal flushing tributary to Long Island Sound(NYSDOS, 2005). 159 Id. 160 Id. 161 More detailed information can be found in the American Bird Conservancy's website or on the North American Bird Conservation Initiative's(NABCI)Shared Outcomes for Birds and People: Relevancy Toolkit 2.0 hats..(/u__ i.. u_s.:csr. (w. -conteint a loads 2.02.1. 01. BiUd Conservation and iluman Uues 01.-20-21... df 82 Ecosystem functions and values provided by the tidal wetlands of Mattituck Creek include supporting fish and shellfish populations and a productive recreational fishery, uptake or trapping of land-derived nutrients and contaminants,providing wildlife habitat, protecting upland and shoreline areas from flooding and erosion, and providing water-based recreational opportunities. d. The Long Island Comprehensive Management Plan 162 mentions Mattituck Inlet several times. The LISCMP's Recommendation#1 (out of a total of 50 recommendations) recognizes the Inlet's importance as an economic and maritime center. However, in the same sentence, it also stresses the preservation of natural resources. LISCMP Recommendation 1 states: Foster a development pattern on the Long Island Sound coast which focuses on the 17 existing centers of development [of which Mattituck Inlet is one], strengthens the waterfront economy, and preserves natural resources. Therefore, it is necessary to do both,both strengthen the waterfront economy and preserve natural resources. e. The New York State Department of State's Coastal Fish & Wildlife Habitat Assessment Form describes Mattituck Inlet as "irreplaceable".'63 It states: f. Replaceability (R)--ability to replace the area, either on or off site, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife, for the same users of those fish and wildlife. a. R assessment: Irreplaceable. 16z See page 14 h. ps. Iain.Bslin_c9suur7_ds.u _ ,:nt( bau.tcur.m.i_ssii n./rvnar7a.grrr_ n..::.p.11n./ 163 Page 1,Coastal Fish &Wildlife Habitat Assessment Form, Mattituck Inlet Wetlands and Beaches, March 15, 1987, modified October 15, 2005 m.gttifiuc0<...._in_De:t...._wetla_nd_:.12d:f. 83 CERTAIN OTHER POINTS INADEQUATELY COVERED BY THE DEIS a. The Amended Final Scope for the Draft Environmental Impact Statement, dated April 5, 2021, outlines the issues the DEIS is supposed to address.164 b. At page 8 the Amended Final Scope states that "Protected native plants; plant and animal species listed as endangered, threatened and special concern(or with other protective status)will be identified, including the noted piping plover, southern sprite, and Eastern box turtle, and suitability of habitat as roosting or summary foraging habitat for protected New York State and Federally-protected bat species." c. Page 131 of the DEIS states "No endangered, threatened, or rare species or significant ecological communities were observed during the ecological surveys conducted." In our opinion, this statement in the DEIS does not adequately address the issue. As described earlier in this report, there are many examples of species listed as endangered, threatened, special concern or with other protective status observed on or near the site. New York threatened butterflies, moths and other insects were not addressed in the DEIS, nor were rare plants, nor the "rare" status of the coastal oak-beech forest itself. d. Page 9 of the Amended Scope states "Provide a complete description of the ecological communities represented in the forest and their ecological relationships to those of the adjoining Town-owned preserve. Forests provide important ecological systems within their bounds and for the surrounding landscape and waterways; these ecosystem services will be described. For example, the forest ecosystem of the subject property, contiguous with forest protected by the Town, is the last relatively large block of native forest supplying clean groundwater to Mattituck Inlet that has not been converted to farmland or interrupted by residential and commercial development, with their attendant sanitary system and stormwater impacts." e. We do not think the DEIS adequately addresses the impact of removing this block of native forested bluff would have on the aquifer and groundwater of the surrounding human and animal community. 16a See Subject File,Town of Southold Planning Department,Applications,Site Plans, Pending,Strong's Storage Buildings.h:tp.� 24:::38.28.:_2.28.2.(1. weIb.li_r_/ a / 7 65 ' .g ..p 84 f. The Amended Final Scope at page 8 requests analysis of the groundwater on site, the contributions to the aquifer, etc. The DEIS at page 158-159 describes the Mattituck Watershed Management Plan and again at page 325 discusses the Mattituck Watershed Management Plan with reference to septic systems. At page viii, the DEIS states: "Review of the Suffolk County Subwatershed Plan was also performed to address the impact of nitrogen loading on the overall health of Mattituck Creek. Lower levels of Dissolved Oxygen and Harmful Algal Blooms (HAB) events indicate the water quality of Mattituck Creek trends towards poor. However, these water quality issues are not attributed to the maritime industry but to stormwater runoff and warming waters. As the proposed action includes a drainage plan that complies with the Town's stormwater management regulations, no significant adverse impacts associated with stormwater runoff would be expected." g. We think this discussion misses the boat (no pun intended). The removal of 4-5 acres of bluff, soil and mature trees that slope down to Mattituck Inlet would have an impact not only on the 40 or so private and public wells surrounding the area,i 6s but on the waters of Mattituck Inlet itself. h. Unfortunately, contaminants in many groundwater and surface water sources exceed national health and safety standards. Nonpoint source pollution is the leading cause of these water-quality problems. Fertilizers,herbicides, and pesticides from agricultural uses and lawns, oils, salts and antifreeze from parking lots and roads, and sediment from croplands, construction sites and eroding streambanks can enter bays, inlets, marshes, and other waterways unabated when permanent vegetation is absent from upland and riparian areas. The problems are spilling over into our coastal marine estuary ecosystems. 166 "Human activities degrade the quality of the water in the streams, lakes, estuaries, wetlands, and aquifers on which we depend. Pollutants from agricultural and urban sources have made many of our waters unsuitable for swimming and fishing. Excessive sedimentation,pesticides and fertilizers are harming fish and 16s See Figure 9,Appendix L,of the Strong's Yacht Center Groundwater Analysis, Groundwater Model Report dated October 2021 .h:Lp.��24 3 .::2:8.:_7:7:�_�7.04Qj k li.inikZQL.1 ...222./..X12.Oend.i'ix%2,�YII,.f�2:0:: %200 rou_n_dw ater%2OMod_�Il.i_n.g.%2!! ipor..pd f 166 USDA,Working Trees for Water Quality, page 2 _r:r.p.s./�wewtnr.:_fs.,_ua.sd�.,gav/ru�c/a sse.�s./d p�ia_r�u�n.rs�wra r�'u_n �Ue�s./�U®chLu.r�s/wr:twrc�::.12.d1 85 other aquatic life. Changes in land use also have had a dramatic effect on floodwater damage and frequency. Both surface and subsurface drinking water supplies are being impacted by human activities. Water quality is the end result of the individual actions of all the "neighbors"in a watershed. Rural landowners and community residents need to look beyond their own boundaries to improve water quality and coordinate water resource management."167 i. Trees serve as natural sponges, collecting and filtering rainfall and releasing it slowly. When it rains, any water that does not soak into the ground becomes runoff and travels downslope to the closest stream, river, lake, or other water body. As runoff travels it picks up nutrients from excess fertilizer and animal waste carrying that nutrient pollution into our waters, which is mainly nitrogen and phosphorus. All plants, including trees, use nitrogen and phosphorous for growth. But excess nutrients that get washed into waterbodies support the growth of plants like algae. When there are a lot of pollutants in the water and an overgrowth of algae, it causes health concerns not only for the people who fish, swim, or drink that water, but also other plants, fish, and insects that live in the water. j. Rainfall runoff that flows over parking lots and roads also picks up oil, grease, trash, or other pollutants. This rainfall runoff then flows into storm drains that flush the water directly to the stream, river or lake it drains to, without any treatment. But healthy forests, especially when properly managed and maintained, catch this runoff, slow its speed, and allow pollutants to settle out. The trees in the forests also absorb so'68me of the heavy metals, chemicals, and oil that come off pavement and other surfaces. k. Tree roots are an important mechanism for absorbing nutrient pollution before it reaches our waters and are the most effective land cover for maintenance of water quality.169 Water from a forest is much cleaner than water from urban or agricultural land. 167 USDA,Working Trees for Water Quality, page 1 Ih:tts.;Jwr .:_Fs.:_ua s .,gry/nc�a ss e.s/ cue u_rm n.ts/ p.rlkii_n Lire s�lb irclhu.irs/ 16s North Carolina Forest Service Ih..t s.�ln_cforestselrvine..gnu(p l lima:tii_c�r7s�IJ.If:Q�115.,,.P 169 httis./ :.. r.ic .in. r stsar articVe/the-ii ortant.relatiionshi .hetween.torests and water 86 1. Any forests,but particularly those along waterways, act as filters to filter out pollutants before they enter aquifers below ground or the waterways themselves. in. A 2002 study by the Trust for Public Land and the American Water Works Association found that for every 10% increase in forest cover in the source watershed, treatment and chemical costs decreased by about 20%.170 Conversely, a 10%reduction in forest cover would increase the costs of artificial water treatment and chemicals by 20%. n. Similarly, a study of the High Rock Lake watershed in North Carolina showed that water treatment costs trended lower in watersheds that are at least 70% covered in forest.'' o. The more forest in a source water watershed, the lower the cost to treat that water. New York City, instead of investing $8-9 billion to construct a water treatment to purify water for city residents, spent S 1.5 billion to acquire 2,000 square miles of forest in the Catskills which provide natural water filtration.'72 New York City's drinking waters are considered to be the "champagne" of municipal drinking water,'73 and the trees are doing the filtering—for free. p. The DEIS did not address these impacts on the drinking water supply from removal of the natural filtration provided by acres of forest. Not only that, the forest filtration system would be replaced by impermeable surfaces. The new use of the land increases pollutants such as diesel fuel, gasoline,propane, cleaning chemicals,paints, etc. that would wash directly from the boatyard into the Mattituck Inlet, with no filtration at all. q. A forest located anywhere would provide benefits, but it is especially important to preserve those located immediately adjacent to a water body. The SYC site is on 60' slope leading directly downward into Mattituck Creek/Inlet, and so is a watershed. vo North Carolina Forest Service h. tis./ ngforestserviiee.. Via( kaliiCa:tii_ons/IJ.If:11.:.5.:. rbF vi North Carolina Forest Service h..ts./ nefore.slservice..govrrklur .tu_a_n_s/U_ JJ-5...p vz See Forest Management in the New York City Watershed at Ottrrs.:.//rrrnr..:Flo. r /3/xi.i./ 69.-b3:_ lum., see also Ihtt s: www.n c. ov assets de downloads dF water dri.nk.n water dror7k.n water su I �ualot .......//...............................x....... ..........1.........................1............ ./................................................/.1........./........................./................................g............................./............................... .........................................1. ...x.... ................... .... ire.o r ?G1 .Q md_ri:n.leis_ng:::�n Ler:::su..�.r?.�.v.::.q_u I.i:t.Y.::Ire.In21 L::lnd:F ll'National Wildlife Federation hit._s. ..._ww .nwf.or..._ r?.: x,ii.............../.....:.....tonal..Wiildllife/ Q�QS/N-low-Minch-IIs-Clean- ... 1C� // ._ .. ................................g/ .._.g. .nes N al.i .................................................................................................................................................................. Water-Worth .......................................................... 87 Healthy watersheds provide many ecosystem services including, but not limited to: nutrient cycling, carbon storage, erosion/sedimentation control, increased biodiversity, soil formation, wildlife movement corridors, water storage, water filtration, flood control, food, timber, and recreation, as well as reduced vulnerability to invasive species, the effects of climate change and other natural disasters. These goods and services are essential to our social, environmental, and economic well-being.174 REASONABLE ALTERNATIVES The DEIS lists eight alternatives. 175 1. Alternative 1 No-Action, or a rejection of the applicant's proposal, which the Town may do as of right. 2. Alternative 2 Barge removal and onsite processing. Involves eliminating the same amount of coastal oak-beech forest and excavating the same amount of sand but removing the sand by barges instead of trucks. 3. Alternative 3 is for the applicant to build on another parcel. 4. Alternative 4 involves constructing the proposed storage buildings without sand excavation. It still entails removal of the coastal-oak beech forest but not removing the bluff, and building the supersized yacht storage buildings on top of the bluff at average elevation of about 40'. S. Alternative 5 involves constructing smaller buildings with less excavation. It is similar to the main proposal,just making the new buildings slightly smaller. 6. Alternative 6 involves reconfiguring or reconstructing the existing buildings for larger boat storage. It would reduce the availability of storage for smaller vessels, and so would need to be combined with building small-vessel storage elsewhere on the site. 7. Alternative 7 is a material movement mitigation plan, mitigating the movement of 10% of excavated sand offsite by dumping it and spreading it onsite at a height of one foot deep on the Successional Scrubland area. This plan would reduce by 10% the amount of 174 Environmental Protections Agency(EPA), Benefits of Healthy Watersheds 1h112 ./w�rwv}r.,e.p .. ou(IrIw.p./ber7 iias .- Ih_ a_I th.y.-wa trshe..ds 175 DEIS page 315. 88 sand transported by truck on the Town and County roads but would still involve the same acres of rare coastal oak-beech forest and other aspects of the main proposal. It also would involve disturbance to acres of the Successional Scrubland area. S. Alternative 8 is an alternative routing plan, which involves using Bergen Avenue for outgoing trucks and Cox Neck Road for incoming trucks for hauling sand during the excavation phase. We do not think Southold Town should approve any plan which involves major environmental impacts, including the following: 1. Eliminating a coastal oak-beech forest classified by New York State as "rare", 2. Increasing the amount of land area or the number of structures in FEMA High-Risk Coastal Erosion Zones, 3. Destroying acres of prime natural habitat of endangered or threatened species, or species of environmental concern, 4. Causing great disturbance to the neighbors, and loss of community character. We believe the Town should not approve the main proposal, which contains all four negative environmental impacts described above. 1. The Town could choose to take Alternative 1, No-Action, and simply reject the proposal, due to the profoundly negative environmental impacts. 2. In our view, the Town should reject Alternative 2, barge removal, since it results in the same environmental impacts as the main proposal, although it mitigates the trucks traveling by road. It is more of a mitigation strategy than an alternative. We understand the applicant has rejected this alternative. 3. Alternative 3,building on another parcel, was rejected by the applicant. However perhaps if the Town were to approve a subdivision of the property and purchase the coastal oak- beech forest portion for adding onto the Town Preserve, this may provide funds sufficient to cause the applicant to reconsider building the project on a different parcel. 89 4. In our opinion the Town should reject Alternative 4, since it involves eliminating the rare coastal oak-beech forest, with all the accompanying impacts on wildlife. In addition, this Alternative 4 is not feasible for the applicant either, since the supersized yachts cannot be lifted to such high locations with existing equipment, and they cannot be trailered there. 5. In our opinion the Town should reject Alternative 5, simply making the new buildings a wee bit smaller, since similar amounts of rare coastal oak-beech forest would need to be removed, and similar amounts of sand excavated, with similar negative impacts on wildlife, and similar enlargement of a land area subject to FEMA High Hazard Coast Erosion Risk. In addition, the applicant does not consider this Alternative to be feasible since it is not cost-effective. 6. Alternative 6 is discussed further below. 7. In our opinion, the Town should reject Alternative 7. It has all the negative environmental impacts of the main proposal (rare forest removal, sand excavation, wildlife habitat loss, enlarging land areas in the FEMA High-Risk Coastal Flooding Zones, loss of community character)but is even worse from an environmental perspective since it would involve dumping 10% of the sand elsewhere on the parcel causing ecological disturbance to additional acres of the Successional Scrubland area. 8. In our opinion, the Town should reject Alternative S. It has all the negative environmental impacts of the main proposal (rare forest removal, sand excavation, wildlife habitat loss, enlarging land areas in the FEMA High-Risk Coastal Flooding Zones, community character)while making traffic worse not only one local road,but two. It is more of a partial traffic mitigation strategy than a real alternative but would make traffic worse and cause wear and tear on an additional local road. 90 Alternatives One and Six are the Only Environmentally Sustainable of the Currently Proposed Options With respect to the eight current DEIS alternatives, we think the only environmentally viable options are Alterative One (No-Action), and Alternative 6, and two variations thereon described below. There may be other options available besides the eight options, that should be thoughtfully analyzed and considered by the SYC team and Southold Town. Alternative One: No Action. We think the Town would be justified in applying Alternative One and rejecting the proposal outright, in view of the profoundly negative environmental and community impacts that would result. While an outright rejection is rare, this proposal is extraordinary. It should be rejected on the grounds that it requires complete elimination of 4.59 acres of bluff. No one should be allowed to remove a natural land feature of that size from their property. Alternative One A: No Action, Combined with Preservation of the Coastal Oak-Beech Forest. The Town could also consider a variation on the No-Action alternative, that is,rejecting the proposal due to the profoundly negative environmental impacts, combined with an offer to buy the approximately 15 acres of coastal oak-beech forest. The property would need to be subdivided, and funds would need to be allocated. The preserved land could then be added onto Mill Road Preserve, the contiguous Town Preserve, thus ensuring that this forest habitat would be available for future generations of flora and fauna and future human generations. The financial payment to the applicant would help offset the rejection of the proposal and could assist the applicant to buy another property in a less ecologically sensitive location. Alternative 6. Reconfiguration or Reconstruction of Existing Buildings For Larger Yacht Storage, and New Buildings for Smaller Boats. This may also be viable -reconfiguring the existing waterfront storage buildings to accommodate larger yachts, while constructing new buildings for smaller boats in a less ecologically sensitive part of the parcel. Alternative 6 avoids expansion of land area in the FEMA High Risk Coastal Erosion Zone, avoids new structures on the High Risk Coastal Erosion area, reduces impacts on the wetlands and waterway, avoids destruction of rare New York forest, does not destroy a bluff of up to 60' high that provides natural protection from sea level rise and flooding, does not require excavation of 181,000 tons 91 of sand and trucking it for months through the neighborhood streets, and does not require a 875' concrete retaining wall. We think Alternative 6 deserves deeper consideration. This alternative is hardly discussed in the DEIS—just one small paragraph on page 336, whereas the other alternatives are discussed in detail for multiple pages. On page 336 the DEIS states: "5.6 Alternative 6: Reconfiguration or Reconstruction of Existing Buildings for Larger Boat Storage This alternative includes the reconfiguration or reconstruction of existing buildings for larger boat storage, which would impact the storage capacity for smaller boats (less than 40 feet). The intent of this alternative is to eliminate the proposed excavation of adjacent land; however, this alternative would have a significant impact to the local boating community with smaller vessels that rely upon SYC for storage (and the accompanying winterization and pre-launch preparation). Upon implementation of this alternative, SYC would be required to significantly decrease or eliminate service to smaller vessels. Accordingly, this alternative is not feasible for the Applicant unless additional buildings can be constructed at the upper elevation for smaller vessels, as presented in Alternative 4." Alternative 6A: Reconfiguration or Reconstruction of Existing Buildings For Larger Yacht Storage, and New Buildings for Smaller Boats, Combined with Preservation of the Coastal Oak-Beech Forest. Like Alternative 6 but combined with the Town offering to buy the approximately 15 acres of coastal oak-beech forest. The property would need to be subdivided, and funds would need to be allocated. The preserved land could then be added onto the contiguous Town Preserve, Mill Road Preserve, thus ensuring that this forest habitat would be available for future generations of flora and fauna and future human generations. The financial payment to the applicant would assist the applicant to construct the smaller boat buildings in a less ecologically sensitive area. Suggestions for Reconstructed Waterfront Structures for Bigger Boats Under a variation of Alternative 6, the Town could consider approving a plan to raise the roof height and door height of SYC's existing storage buildings to accommodate larger yachts, 92 without enlarging the existing structure's footprint. The DEIS states that the height of applicant's current storage buildings is just 24 feet high, and the applicant wants buildings that are 45 feet high. In this regard, Albertson's Marine on Route 25 in Southold near the Port of Egypt has a boat storage building that is 42 feet height with 24-foot-high doors. If allowing the applicant to raise the height of the roof, we think the Town should only allow this improvement on one building at a time. If SYC's large-yacht storage business expands to the point that a second storage building is needed, and that need is demonstrated, then the Town could approve upgrading the second existing Strong building. We understand that at the Town Planning Board meeting on March 9, 2020, a comment was made about the Strong's intended bank loan, and that the bank requires 60% occupancy in the first building before the bank will extend financing to construct the second building.176 We suggest that the Town use similar guidelines before granting permission to improve a second building. Showing leadership in the environmental area, we suggest that the Town affirmatively require that the new roof be equipped with solar panels, to eliminate the need for large propane storage tanks that neighbors are concerned could potentially explode or fuel a fire. We understand that fires in boat storage buildings are not uncommon. Solar panels will also reduce carbon emissions from fossil fuels and reduce the amount of future truck deliveries of propane fuel into the site. The site is ideally situated for solar panels on the roof, with unobstructed sunshine on all sides. New structures for Smaller Boats To provide storage space for smaller boats, the Town could consider allowing storage sheds to be built on the residential-zoned portion of the land, which has already been degraded by historic agricultural practices, and which is currently overrun by invasive plants such as Oriental bittersweet and Japanese multiflora rose, and less valuable trees like black locust. While these acres would be negatively impacted by outright loss of wildlife habitat, and degradation through forest edge effects and fragmentation, the environmental impact would be much less than removing the mature and rare coastal oak-beech forest. For the roof of any newly constructed buildings, we think the Town should also require the use of solar panels to reduce reliance on fossil fuels. The Town should require that a large basement 176 See March 9, 2020,Southold Town Planning Board, Public Meeting Minutes, page 20. 93 be dug for the new buildings, so that their above-ground height is much reduced. Being partially underground will also provide natural insulation, providing natural cooling in the summer, and reduce the need for artificial heating in the winter. To improve the viewshed of any new structures,particularly if visible from the Town Preserve or neighbor's properties, the soil could be hilled against the side walls of the structures, which like the old "potato barns" on farms,provide natural insulation and reduce the need for artificial heating and cooling. These soil slopes could be vegetated with native plants. The soil walls together with the native plants would help hide much of the walls from view. A building material other than steel could be used, if more environmentally appropriate. 94